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PA Bulletin, Doc. No. 09-405

THE COURTS

LEHIGH COUNTY

Assessment of Costs for Regional Central Booking Center; No. AD-2-2009

[39 Pa.B. 1199]
[Saturday, March 7, 2009]

Administrative Order

   And Now, this 17 day of February, 2009, it is hereby Ordered That:

   1.  Effective thirty (30) days after publication in the Pennsylvania Bulletin, every person convicted of violating Section 3802 of the Vehicle Code, 75 Pa.C.S. § 3802 (relating to driving under influence of alcohol or controlled substance) and every person admitted to Accelerated Rehabilitative Disposition (ARD) for said offense shall pay a fee of $385, which fee shall be assessed as court costs. This fee shall be in addition to all other authorized costs and supervision fees and shall be for the purpose of reimbursement for the costs of operating the Lehigh County Central Booking Center (other than costs for using two-way simultaneous audiovisual communication which are nonreimbursable under Pa.R.Crim.P. 118), but including the costs of processing, booking, testing and laboratory fees. The funds so collected shall be paid into the General Fund of the County of Lehigh, but separately identified in the County's records so that the amounts collected during any given period can be readily ascertained.

   2.  Effective thirty (30) days after publication in the Pennsylvania Bulletin, every person processed through the Regional Central Booking Center except those defendants charged with the offense of driving under the influence of alcohol or controlled substance under 75 Pa.C.S. § 3802, who are liable for the costs established in paragraph 1 of this Administrative Order, and charged with a misdemeanor or felony offense, and are subsequently convicted or admitted into a diversionary program such as Accelerated Rehabilitative Disposition (ARD) shall pay a fee of $300.00, which fee shall be as court costs. This fee shall be in addition to all other authorized costs and supervision fees and shall be for the purpose of reimbursement for the costs of operating the Lehigh County Central Booking Center (other than costs for using two-way simultaneous audio-visual communication which are nonreimbursable under Pa.R.Crim.P. 118), but including the costs of processing and booking the defendant. The funds so collected shall be paid into the General Fund of the County of Lehigh, but separately identified in the County's records so that the amounts collected during any given period can be readily ascertained.

   This Order Supersedes and Replaces the Administrative Order of November 21, 2008, filed to No. AD-23-207, and published in the Pennsylvania Bulletin, 37 Pa.B. 6513 (December 15, 2007), and shall apply to all defendants and cases in which disposition occurs on or after this Administrative Order becomes effective.

   It Is Further Ordered That one (1) certified copy of this Order shall be filed by the Court Administrator of Lehigh County with the Administrative Office of Pennsylvania Courts; that two (2) certified copies and a computer diskette or CD-ROM copy that complies with the requirement of 1 Pa. Code § 13.11(b) shall be filed with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin; that one (1) certified copy shall be filed with the Criminal Procedural Rules Committee, which Committee has certified to this court that this Administrative Order is not inconsistent with any general rule of the Supreme Court. Finally, it is ordered that Court Administrator of Lehigh County publish a copy of this Order on the Unified Judicial System's web site at ujsportal.pacourts.us/localrules/ruleselection.aspx.

By the Court

WILLIAM H. PLATT,   
President Judge

[Pa.B. Doc. No. 09-405. Filed for public inspection March 6, 2009, 9:00 a.m.]


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