STATEMENTS OF POLICY
Title 37--LAW
JUVENILE COURT JUDGES' COMMISSION
[37 PA. CODE CH. 200]
Standards Governing the Administration of Restitution Funds
[36 Pa.B. 957] The Juvenile Court Judges' Commission (Commission) adopts Chapter 200, Subchapter F (relating to standards governing the administration of restitution funds) as a statement of policy to read as set forth in Annex A.
Authority
This statement of policy is promulgated in response to the act of November 30, 2004 (P. L. 1703, No. 217) (Act 217) under the authority of the Commission under section 4 of the act of December 21, 1959 (11 P. S. § 270-4).
Purpose and Requirements
This statement of policy is intended to provide guidance to president judges of courts of common pleas regarding the administration of restitution funds established under 42 Pa.C.S. § 6352(a)(5) (relating to disposition of delinquent child), which gives juvenile courts the authority to order payment by a child who has been found to be a delinquent child, as deemed appropriate as part of the plan of rehabilitation considering the nature of the acts committed and the earning capacity of the child, including a contribution to a restitution fund.
Affected Parties
This statement of policy will affect courts of common pleas in this Commonwealth whose president judges have established restitution funds under Act 217.
Cost and Paperwork Estimates
Although advisory in nature, this statement of policy recommends the development of written guidelines that may not currently exist in all jurisdictions.
Effective Date
This statement of policy will become effective upon publication in the Pennsylvania Bulletin.
Contact Person
For further information regarding this statement of policy, contact Lisa J. Freese, Director of Policy and Program Development, Juvenile Court Judges' Commission, 401 Finance Building, Harrisburg, PA 17120-0018, (717) 705-9003.
Findings
The Commission finds that this statement of policy is necessary for the effective administration of restitution funds established under Act 217.
Order
The Commission, acting under the authorizing statute, orders that:
(a) The regulations of the Commission, 37 Pa. Code Chapter 200, are amended by adding a statement of policy in §§ 200.501, 200.502 and 200.511--200.514 to read as set forth in Annex A.
(b) The Executive Director of the Commission will certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(c) The order shall take effect upon publication in the Pennsylvania Bulletin.
JAMES E. ANDERSON,
Executive DirectorFiscal Note: 23-5. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 37. LAW
PART III. AGENCIES AND OFFICES
Subpart N. JUVENILE COURT JUDGES' COMMISSION
CHAPTER 200. JUVENILE COURT JUDGES' COMMISSION
Subchapter F. STANDARDS GOVERNING THE ADMINISTRATION OF RESTITUTION FUNDS
GENERAL PROVISIONS Sec.
200.501. Purpose. 200.502. Definitions.
ESTABLISHMENT AND ADMINISTRATION OF RESTITUTION FUNDS
200.511. Establishment of a restitution fund. 200.512. Written guidelines. 200.513. Disbursements from a restitution fund. 200.514. Elements of written guidelines.
GENERAL PROVISIONS § 200.501. Purpose.
(a) Pennsylvania's juvenile justice system is mandated to provide programs of supervision, care and rehabilitation which provide balanced attention to the protection of the community, the imposition of accountability for offenses committed and the development of competencies to enable children to become responsible and productive members of the community.
(b) Section 6352(a)(5) of the Juvenile Act (relating to disposition of delinquent child), gives juvenile courts the authority to order payment of reasonable amounts of money, as fines, costs, fees or restitution by a child who has been found to be a delinquent child, as deemed appropriate as part of the plan of rehabilitation considering the nature of the acts committed and the earning capacity of the child, including a contribution to a restitution fund. This section further provides that the president judge of the court of common pleas shall establish a restitution fund for the deposit of all contributions to the restitution fund which are received or collected.
(c) The Juvenile Act provides, as well, that the terms and conditions of an informal adjustment or consent decree disposition may include contributions by a child to a restitution fund, and that the court may direct that any part of the money received from a child regarding whom notice has been certified to the court that the child has failed to comply with a lawful sentence imposed for a summary offense, shall be deposited into a restitution fund established by the president judge.
(d) This subchapter is intended to provide guidance to president judges in the administration of restitution funds established under the Juvenile Act.
§ 200.502. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise.
Juvenile Act--42 Pa.C.S. Chapter 63.
Restitution fund--A fund established by the president judge of a court of common pleas under section 6352(a)(5) of the Juvenile Act (relating to disposition of delinquent child), from which disbursements are made at the discretion of the president judge pursuant to written guidelines promulgated by the president judge and the limitations of the Juvenile Act, and used to reimburse crime victims for financial losses resulting from delinquent acts.
ESTABLISHMENT AND ADMINISTRATION OF RESTITUTION FUNDS § 200.511. Establishment of a restitution fund.
In jurisdictions where a contribution to a restitution fund by a child may be included among the terms and conditions of an informal adjustment or consent decree or as part of a plan of rehabilitation resulting from an adjudication of delinquency, the president judge of the court of common pleas shall establish a restitution fund under 42 Pa.C.S. § 6352(a)(5) (relating to disposition of delinquent child) for the deposit of all contributions to the restitution fund which are received or collected.
§ 200.512. Written guidelines.
The president judge shall promulgate written guidelines for the administration of a restitution fund.
§ 200.513. Disbursements from a restitution fund.
Disbursements from the restitution fund shall be made at the discretion of the president judge, under the written guidelines and the limitations of the Juvenile Act, and shall be used to reimburse crime victims for financial losses resulting from delinquent acts.
§ 200.514. Elements of written guidelines.
Written guidelines promulgated for the administration of a restitution fund shall, at a minimum, include the following elements:
(1) The court may direct that any portion of the money received from a child alleged to be delinquent for failing to comply with a lawful sentence imposed for a summary offense may be deposited into the restitution fund.
(2) The terms and conditions of an informal adjustment or a consent decree may include a contribution by the child to the restitution fund.
(3) The terms and conditions of a disposition following an adjudication of delinquency may include a contribution by the child to the restitution fund.
(4) Disbursements from the fund shall be used to reimburse crime victims for financial losses resulting from delinquent acts.
(5) Disbursements from the fund shall require the signatures of at least two persons designated by the president judge.
(6) A policy requiring an annual report, detailing the aggregate and individual data regarding payments to and disbursements from the restitution fund.
(7) A requirement for an annual audit, under county policy, of all payments to and disbursements from the fund.
[Pa.B. Doc. No. 06-329. Filed for public inspection February 24, 2006, 9:00 a.m.]
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