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PA Bulletin, Doc. No. 16-451

THE COURTS

DELAWARE COUNTY

Bail Conditions; No. MD 29-2016

[46 Pa.B. 1414]
[Saturday, March 19, 2016]

 And Now, this 2nd day of March, 2016, It is hereby Ordered and Decreed that the existing Rule 526(d) is amended and shall be entirely replaced by New Rule 526(d) in accordance with the following language effective 30 days after publication.

New Rule 526(d). Bail Conditions.

 (1) The person for whom bail has been set or a private third party surety shall, with the approval of the court or Magisterial District Judge, execute the bail bond and deliver to the Office of Judicial Support (O.J.S.) for deposit in an account designated by order of the President Judge of the Court of Common Pleas, Delaware County, a sum of money equal to 10 percent of the bail, but in no event shall such deposit be less than $75. Corporate sureties are expressly prohibited from posting the deposit for bail set under this section.

 (2) When the conditions for the bail bond have been performed and the defendant discharged from all obligations in the case for which bail was set, the Office of Judicial Support shall return to the defendant or surety 60 percent of the amount deposited. The balance to be retained by the court shall be applied as an administrative cost for this program and the sum retained shall not in any case be less than $100. The monies retained shall be considered as earned at the time the bail is set and a sum equal to 10 percent posted by the defendant or third party surety.

 (3) In the event that bail is ordered either increased or decreased at any time during the proceedings, the fee set forth under Rule 526(d)(2) shall be computed on the basis of the last bail set and posted in the case. The phrase ''last bail set'' is intended to include post-conviction and/or post-sentence bail.

 (4) When a defendant has failed to comply with the rules and regulations of the bail bond or any additional conditions of his release, he may be brought before the court to determine if additional bail shall be set in his case.

 (5) The following fee schedule shall be implemented:

 (a) The administrative fee for percentage bail shall be forty percent (40%).

 (b) The cash bail fee shall be four percent (4%) of the first $1,000. All amounts above $1,000 shall be two percent (2%).

 (c) An administrative fee of $75 shall be charged whenever a corporate surety posts a bail piece.

 

 (d) If the defendant appears and surrenders to the court within 48 hours after a breach of the condition of bail and issuance of a bench warrant, an administrative fee of $50 may be imposed as a bail reinstatement fee.

 (e) If the defendant appears after 48 hours of a bench warrant, a $100 administrative fee may be imposed as a bail reinstatement fee.

 (f) The Court of Common Pleas may waive such fee if the defendant can satisfy the court that his appearance or surrender was impossible or with good cause.

By the Court

CHAD F. KENNEY, 
President Judge

[Pa.B. Doc. No. 16-451. Filed for public inspection March 18, 2016, 9:00 a.m.]


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