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PA Bulletin, Doc. No. 12-2423



Establishment of a Booking Center Fund Fee; AD-12-314-PJ

[42 Pa.B. 7531]
[Saturday, December 15, 2012]

Order of Court

And Now, to-wit this 28th day of November, 2012, the countywide Booking Center Plan, approved on September 10, 2012 by the Allegheny County Criminal Justice Advisory Board, having been reviewed and certified on September 28, 2012 by the Pennsylvania Commission on Crime and Delinquency, and pursuant to 42 Pa.C.S. § 1725.5, it is hereby Ordered that the Allegheny County Department of Court Records, Criminal Division, shall assess a Booking Center Fund Fee of Two Hundred Dollars ($200.00) against any defendant processed for identification at an Allegheny County Booking Center location, for each case wherein a defendant:

 (1) Is placed on probation without verdict pursuant to section 171 of the act of April 14, 1972 (P. L. 233, No. 64), known as The Controlled Substance, Drug, Device and Cosmetic Act, or

 (2) Receives Accelerated Rehabilitative Disposition for, pleads guilty to or nolo contendere to or is convicted of a crime under the following:

 (i) 18 Pa.C.S. § 106(a) (relating to classes of offenses).

 (ii) 75 Pa.C.S. § 3735 (relating to homicide by vehicle while driving under influence).

 (iii) 75 Pa.C.S § 3802 (relating to driving under influence of alcohol or controlled substance)

 (iv) A violation of The Controlled Substance, Drug, Device and Cosmetic Act.

 This fee shall be in addition to any other fines, penalties or costs imposed by law. The Booking Center Fund Fee shall not be assessed against any defendant whose case or cases are disposed of by dismissal, withdrawal or nolle prosequi. If a judge of the Court of Common Pleas of Allegheny County waives costs and fines on a case where the fee is applicable, the waiver will include the Booking Center Fund Fee unless the judge expressly states otherwise is the sentencing order.

 The Booking Center Fund Fee shall be deposited into a designated central booking fee account established for Allegheny County and said fees shall be used solely for the implementation of the Allegheny County Booking Center Plan, including start-up, operation and maintenance costs.

 This Order shall become effective thirty (30) days after its publication in the Pennsylvania Bulletin and will apply to defendants processed on or after that date.

By the Court

President Judge

[Pa.B. Doc. No. 12-2423. Filed for public inspection December 14, 2012, 9:00 a.m.]

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