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PA Bulletin, Doc. No. 24-99

THE COURTS

Title 255—LOCAL COURT RULES

CLINTON COUNTY

Adult Probation and Parole Services Administrative Fee; No. AD-3-2014

[54 Pa.B. 366]
[Saturday, January 27, 2024]

Order of Court

 And Now, this 9th day of January, 2024, pursuant to 42 Pa.C.S.A. § 9728(g), the Court hereby orders the imposition of a monthly probation administrative fee of Twenty and 00/100 ($20.00) Dollars per month assessed against all offenders placed on probation, parole, Accelerated Rehabilitative Disposition (ARD), Probation Without Verdict (PWV), or Probation With Restrictive Conditions (PWRC). Said increase is to be effective thirty (30) days after publication in the Pennsylvania Bulletin and applied only to offenders sentenced or placed on ARD on or after the publication requirement has been satisfied. In support of this Order establishing a monthly probation administrative fee, the Court finds as follows:

 1. That pursuant to 42 Pa.C.S.A. § 9728(g), any costs of the Adult Probation Department, including but not limited to, any reasonable administrative costs associated with the collection of restitution, reparation fees, costs, and fines, shall be borne by the offender.

 2. That, heretofore, this Court assessed a monthly probation administrative fee of Ten and 00/100 ($10.00) Dollars against offenders sentenced to probation, parole, PWV, or PWRC, or placed on ARD.

 3. That the Adult Probation Department expends significant time and resources administering and collecting restitution, reparation fees, costs, and fines from offenders placed on probation, parole, ARD, PWV, and PWRC.

 4. That this Court, through the Adult Probation Department, has incurred significant expense in collecting restitution reparation fees, costs, and fines from offenders placed on probation, parole, ARD, PWV, and PWRC, and that it is fair and reasonable to assess a monthly probation administrative fee against offenders and to increase said fee to Twenty and 00/100 ($20.00) Dollars per month to compensate for the cost of collecting said fees.

 The following guidelines shall be implemented in the assessment and collection of the monthly probation administrative fee:

 1. All offenders placed on probation, parole, ARD, PWV, and PWRC shall be assessed a monthly probation administrative fee of Twenty and 00/100 ($20.00) Dollars for every month or fraction thereof that an offender is under supervision, including offenders who may be serving any incarceration sentence, whether incarcerated in a federal, state, or county facility.

 2. Said monthly probation administrative fee shall be considered a condition of probation, parole, ARD, PWV, and PWRC. Failure to pay monthly probation administrative fees shall be considered by this Court to be a technical violation of an offender's conditions of supervision and may result in a revocation of a sentence of probation, parole, ARD, PWV, or PWRC.

 3. The monthly probation administrative fee may be paid by the offender at one time or on a monthly basis.

 4. When an offender's probation, parole, ARD, PWV, or PWRC is transferred to Adult Probation from another jurisdiction for supervision purposes, the monthly probation administrative fee shall be established from the date the case is accepted for supervision.

 5. In those instances where an offender has multiple active cases, the monthly probation administrative fee shall be assessed on an offender only once, and the Adult Probation Department shall apportion the monthly probation administrative fee accordingly.

 6. The funds collected pursuant to this administrative order shall be deposited in a fund for the exclusive use by the Twenty-Fifth Judicial District of Pennsylvania. This fund shall be used to support the operation of this Court's Adult Probation Department, the Department's time and expense to collect these monies paid by the offender for restitution, reparation fees, costs, and fines, technology enhancement for the Department, and education and training for Adult Probation officers and staff. Expenditures from this account can be authorized only by the President Judge. An accounting of this administrative fee account shall be made quarterly by the Chief Probation Officer in writing to the President Judge.

By the Court

CRAIG P. MILLER, 
President Judge

[Pa.B. Doc. No. 24-99. Filed for public inspection January 26, 2024, 9:00 a.m.]


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