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PA Bulletin, Doc. No. 08-2283

THE COURTS

SOMERSET COUNTY

Consolidated Rules of Court; No. 63 Miscellaneous 2008

[38 Pa.B. 6900]
[Saturday, December 20, 2008]

Adopting Order

   Now, this 24th day of November, 2008, it is hereby Ordered:

   The following designated Somerset County Rule of Criminal Procedure (Som.R.Crim.P.), as follows, is adopted as an amendment to Som.R.Crim.P. 522, adopted October 30, 2008, and effective thirty (30) days after publication in the Pennsylvania Bulletin:

   The Somerset County Court Administrator shall:

   A.  File ten (10) certified copies of this order and the attached Rules with the Administrative Office of Pennsylvania Courts:

   B.  Distribute two (2) certified copies of this Order and the attached Rule to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin:

   C.  File one (1) certified copy of this Order and the attached Rule with the Pennsylvania Criminal Procedural Rules Committee; and

   D.  File proof of compliance with this Order in the docket for these Rules, which shall include a copy of each transmittal letter.

By the Court

JOHN M. CASCIO,   
President Judge

Rules of Court

Som.R.Crim.P. 552.  Administrative Processing and Identification

   (A)  In all cases in which a defendant has been charged with an offense graded as a misdemeanor or greater, the defendant shall be required to appear either at the Pennsylvania State Police Barracks, if arrested by the a member of the Pennsylvania State Police, or, if arrested by an arresting authority other than the Pennsylvania State Police, at the Somerset County Regional Booking Center (RBC), located in the Somerset Borough Police Department or at such other location designated, in writing, by the President Judge of the Somerset County Court of Common Pleas, for fingerprinting and processing.

   (B)  Pursuant to 18 Pa.C.S.A. § 9112, an arresting authority shall be responsible for taking the fingerprints of persons arrested for misdemeanors, felonies or summary offenses which become misdemeanors on a second arrest after conviction of that summary offense. The Regional Booking Center shall serve as the designated fingerprinting and processing site for all arresting authorities in Somerset County other than the Pennsylvania State Police. The State Police Barracks shall serve as the designated fingerprinting site for the Pennsylvania State Police.

   (C)(1)  In cases in which a defendant has been arraigned before a Magisterial District Judge and fails to post bond, the defendant shall be fingerprinted and photographed at either the RBC or the State Police Barracks, prior to his or her commitment at the Somerset County Jail.

   (2)  In cases in which a defendant has been arrested during night, weekend or holiday hours, unless the charges proceed by summons, the defendant shall be taken to an appropriate facility for video arraignment and then taken directly to the RBC or the State Police Barracks for the booking procedure, or be taken directly to the RBC or the State Police Barracks for a video arraignment and booking procedure, before being committed to the Somerset County Jail if bond is not posted. If the defendant posts bond, the Magisterial District Judge shall either include a bond condition that directs the Defendant to appear at the State Police Barracks or the [SBC] RBC, as appropriate, within 48 hours for processing or may direct the arresting officer to take the defendant directly to the appropriate facility for processing prior to his or her release.

   (3)  In cases of private prosecutions, the defendant may only be fingerprinted and photographed after conviction of a misdemeanor, felony or summary offense which becomes a misdemeanor on a second arrest after conviction of that summary offense. An order shall be issued from the Court of Common Pleas after such conviction directing the Defendant to report to the RBC to be fingerprinted and photographed.

   (4)  In cases which proceed by issuance of a summons, the Magisterial District Judge presiding at the scheduled Preliminary Hearing shall order the defendant to submit to the RBC within five (5) days following the date of issuance of such order.

   (D)  A booking fee of one hundred dollars ($100.00) shall be assessed and collected by the Somerset County Clerk of Courts after sentencing upon conviction of or plea to a misdemeanor or felony offense or acceptance into the Accelerated Rehabilitative Disposition Program.

   (E)  This fee will not apply to those Defendants whose cases are dismissed by the Magisterial District Judge, withdrawn or nolle prossed by the Commonwealth or who enter a guilty plea to a summary offense at the time of the preliminary hearing.

   (F)  The [SBC] RBC shall also serve as a processing center for all parties required to be registered and processed under the provisions of 42 Pa.C.S.A. § 9791, et. seq., commonly known as ''Megans Law,'' pursuant to 42 Pa.C.S.A. § 9795.2 (d), if determined by the Pennsylvania State Police to be an ''approved registration site'' pursuant to 42 Pa.C.S.A. § 9799.1.

[Pa.B. Doc. No. 08-2283. Filed for public inspection December 19, 2008, 9:00 a.m.]


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