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PA Bulletin, Doc. No. 09-2143

THE COURTS

Title 255—LOCAL
COURT RULES

MONTGOMERY COUNTY

Offender Supervision Fee; No. AD 302-09

[39 Pa.B. 6655]
[Saturday, November 21, 2009]

Administrative Order

 And Now, this 23rd day of October, 2009, pursuant to 18 P. S. § 11.1102, the Court hereby increases the Offender Supervision Fee from thirty-five ($35) dollars per month to forty ($40) dollars per month, assessed against all offenders placed on probation, parole, accelerated rehabilitative disposition, probation without verdict or intermediate punishment. Said increase is to be effective January 1, 2010, for those offenders sentenced on or after January 1, 2010. Offenders sentenced prior to the effective date of this increase and after January 1, 2009 will continue to be assessed a thirty-five ($35) dollar per month Offender Supervision Fee. Offenders sentenced prior to January 1, 2009 will continue to be assessed a thirty ($30) dollar per month Offender Supervision Fee.

 The above fee is being charged in accordance with the Guidelines attached hereto.

By the Court

RICHARD J. HODGSON, 
President Judge

Guidelines for the Collection of Offender Supervision Fees

 1. All offenders placed on probation, parole, intermediate punishment, ARD or Section 17 Probation without verdict shall be assessed $40 for every month on probation, parole or intermediate punishment (I.P.) as a condition to be paid on a monthly basis, unless otherwise ordered. The $35 fee will be assessed against the offenders sentenced on or after January 1, 2010. Offenders sentenced between January 1, 2009, and January 1, 2010, will continue to be assessed a $35 per month offender supervision fee, pursuant to the Court's prior directive. Those offenders sentenced prior to January 1, 2009, will continue to be assessed at $30 per month.

 2. At time of sentencing, current legal residence shall be established and made part of the sentence sheet and/or record.

 3. The Clerk of Courts shall establish a supervision fee collection account for all Montgomery County residents pursuant to 18 P. S. § 11.1102.

 4. Out-of-county/state residents will be required to submit fines, costs and/or restitution payments to the Clerk of Courts on a monthly basis. Supervision fees shall be collected by the county/state of supervision.

 5. When an offender is transferred into Montgomery County from another jurisdiction for supervision purposes, or has been an out-of-county case and moves into the county, supervision fees shall be established from the date the case is accepted for supervision.

 6. Any cases placed under the supervision of the Pennsylvania Board of Probation and Parole shall pay the supervision fee to the Board in accordance with the Act. Any fines, costs or restitution ordered shall be paid through the Clerk of Courts.

 7. Where an offender has multiple cases, supervision fees shall be assessed on each offender only once. The fee shall be assessed on the case with the longest period of supervision or the case which extends furthest into the future.

 8. Any offender who enters inpatient drug, alcohol, medical or psychiatric treatment shall have their fees deferred until their release.

 9. Any offenders committed to prison for probation, parole or I.P. violation shall have their supervision fees accrue until such time as the Court revokes said probation or parole. Upon reparole, supervision fees shall be re-computed and collected by the appropriate department.

 10. Petitions of Hardship (inability to pay) shall be considered by the Chief Adult Probation Officer or his designee upon the offender's submission of supporting documentation and compliance with 18 P. S. § 11.1102(e)(2). Any recommendation of fee reduction or waiver shall be submitted to the Court for approval.

 11. Failure to pay supervision fees as a condition of probation and/or parole, intermediate punishment, ARD or Section 17 probation without verdict shall be considered a technical violation of the conditions of sentence/order and may result in the revocation of said sentence/order.

[Pa.B. Doc. No. 09-2143. Filed for public inspection November 20, 2009, 9:00 a.m.]


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