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PA Bulletin, Doc. No. 96-1472


Title 255--LOCAL


Amendments to Rules of Criminal Procedure--Types of Bail: Percentage Cash Bail; 354 Misc. 1996

[26 Pa.B. 4333]

Order of Court

   And Now, this 19 day of Aug, 1996, at 11:25 a.m., the Court hereby rescinds Schuylkill County Criminal Rule of Procedure No. 4006 and adopts Schuylkill County Criminal Rule of Procedure No. 4007 for use in the Court of Common Pleas of Schuylkill County, Pennsylvania (21st Judicial District). This rule shall be effective thirty (30) days after publication in the Pennsylvania Bulletin.

   It is further Ordered that said rule as it existed prior to the amendment is hereby repealed and annulled on the effective date of said rules as amended, but no right acquired thereunder shall be disturbed.

   The Clerk of Court of Schuylkill County is Ordered and Directed to do the following:

   1)  File seven (7) certified copies of this Order and Rule with the Administrative Office of Pennsylvania Courts.

   2)  File two (2) certified copies of this Order and Rule with the Legislative Reference Bureau for Publication in the Pennsylvania Bulletin.

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

   4)  Forward one (1) copy to the Schuylkill County Bar Association for publication in the Schuylkill Legal Record.

   5)  Keep continuously available for public inspection copies of this Order and Rule.

President Judge

Rule 4007.  Types of Bail: Percentage Cash Bail.

   (a)  In the event the District Justice accepts a sum of U. S. currency equal to ten percent (10%) of the full amount of the monetary condition, the sum of money furnished shall be receipted for, deposited, accounted for, forfeited or returned in accordance with Pa.R.Crim.P.No. 4015.

   (b)  After the final disposition of the case, and provided there has been no forfeiture, the money constituting percentage cash bail shall be returned to the defendant, less a retention fee for administering the percentage cash bail program of ten (10%) percent of the money entered as bail, and in no event shall the retention fee be less than Ten Dollars ($10.00). The retention fee withheld shall be for the use of the County and shall be received and accounted for by the Clerk of Courts.

   (c)  When a defendant or a third party surety has deposited a sum of money under the percentage cash bail program, then upon full and final disposition of the case, the deposit less the retention fee for administrative costs, shall be returned to the person who originally posted the deposit. Notice of the full and final disposition shall be sent by the Clerk of Courts to the person who originally posted money at his address of record. Any money not claimed within one hundred eighty (180) days from the time of full and final disposition of the case shall be deemed as fees and shall be forfeited to the use of the County of Schuylkill.

[Pa.B. Doc. No. 96-1472. Filed for public inspection September 6, 1996, 9:00 a.m.]

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