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PA Bulletin, Doc. No. 10-980

THE COURTS

LYCOMING COUNTY

Distribution of Juvenile Restitution, Reparation, Fees, Costs, Fines and Penalties; Administrative Order

[40 Pa.B. 2742]
[Saturday, May 29, 2010]

Order

 It is Ordered and Directed, pursuant to the authority of 42 Pa.C.S. § 9728 and other laws pertaining thereto, and the designation of the Lycoming County Commissioners, that the Lycoming County Cost Clerk is appointed as the agency authorized to collect all restitution, reparation, fees, costs, fines and penalties. All prior orders relating to distribution of restitution, reparation, fees, costs, fines and penalties are hereby vacated.

 It is further Ordered and Directed, effective immediately, that monies collected by the Lycoming County Cost Clerk on account of restitution, reparation, fees, costs, fines and penalties shall be distributed in the following priorities:

 1. Crime Victim's Compensation Fund & Victim Witness Services Fund

 In juvenile court cases, $25.00 shall be paid to these funds under 18 P. S. § 11.1101, the Crime Victim's Act, provided there is either a consent decree or an adjudication of delinquency.

 2. Restitution

 In juvenile court cases, no less than fifty percent (50%) of all monies collected by the Lycoming County Cost Clerk pursuant to 42 Pa.C.S. § 9728 (b)(1) and deducted pursuant to 42 Pa.C.S. § 9728 (b)(5), shall be disbursed on account of restitution until paid in full, under 42 Pa.C.S. § 9728 (G.1).

 In making restitution in juvenile court cases, priority of payment among the restitution recipients shall be in the following order, under 18 Pa.C.S. § 1106:

 A. To the Victim; if more than one, then among them pro-rata.

 B. To the Crime Victims' Compensation Board.

 C. To any other government agency which has provided reimbursement to the victim as a result of the juvenile's criminal conduct or wrongdoing.

 D. To any insurance company which has provided reimbursement to the victim as a result of the juvenile's criminal conduct or wrongdoing.

 3. All Other Fees, Costs, Fines and Penalties

 Any money remaining after payment under sections 1 and 2, above have been made in full, or one hundred percent (100%) thereof, shall be distributed in the following priorities.

 A. Supervision Fees, Electronic Monitoring Fees, Server Fees, Witness Fees

 (1) Costs of offender supervision fees under 18 P. S. § 11.1102 (Act 111 of November 24, 1998); the supervision fees shall be based on the defendant not on the case.

 (2) Service fees.

 (3) Witness fees.

 B. Judicial Computer System

 All moneys payable to the Judicial Computer System Augmentation Account under 42 Pa.C.S. § 3733.

 C. All other Fees, Costs, Fines, and Penalties

 Disbursement shall first be made to the County expense items, secondly to municipal or local expense items and finally to expenses due to the Commonwealth.

 D. Judgment Fees

 Fees due for entry of and satisfaction of judgment shall be paid before the record is marked satisfied.

 It is further Ordered and Decreed that pursuant to 42 Pa.C.S. § 9728, all sentences, pretrial dispositions, or orders entered relating to the disposition of a dependent child under 42 Pa.C.S. § 6352, for restitution, reparation, fees, costs, fines and penalties shall, together with interest and any additional costs that may accrue, be a judgment in favor of the Lycoming County Juvenile Probation Office. The Lycoming County Prothonotary and Clerk of Courts, upon the docketing of such order, shall enter, docket, and index the same record in his office without pre-payment of costs.

 It is further Ordered and Decreed that the Lycoming County Cost Clerk, in conjunction with the Juvenile Probation Office, is authorized to prepare an interim bill of costs upon receipt of an order of sentence, pretrial disposition or disposition of a delinquent child under 42 Pa.C.S. § 6352 and, pending receipt of the final bill of costs, to make disbursements of all monies collected in accordance with the interim bill of costs and this order.

 By the Court

NANCY L. BUTTS, 
President Judge

[Pa.B. Doc. No. 10-980. Filed for public inspection May 28, 2010, 9:00 a.m.]


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