Title 255—LOCAL COURT RULES
Creation of the Juvenile Court Restitution Fund; JV Administrative No. AD 1-18
[48 Pa.B. 4967]
[Saturday, August 18, 2018]
And Now, this 31st day of July, 2018, the Court Orders and Directs that the Administrative Order related to the establishment of a Crawford County Juvenile Court Restitution Fund shall be published in the Pennsylvania Bulletin and shall be effective 30 days after publication.
It is further ordered that in accordance with Pennsylvania Rules of Judicial Administration 103(d)(6), Crawford County District Court Administrator shall:
(a) Distribute two paper copies of the Administrative Order to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin and distribute to the Legislative Reference Bureau a copy of the Administrative Order on a computer diskette, CD-ROM or other agreed upon alternate format that complies with the requirements of 1 Pa. Code § 13.11(b);
(b) File one copy of the Administrative Order with the Administrative Office of Pennsylvania Courts;
(c) Publish a copy of the Administrative Order on the website for Crawford County when it becomes effective;
(d) Incorporate the Administrative Order in the Local Rules of Judicial Administration no later than 30 days after publication in the Pennsylvania Bulletin;
By the Court
ANTHONY J. VARDARO,
And Now, this 31st day of July, 2018, it is Ordered that the Crawford County Juvenile Court Restitution Fund is created consistent with the provisions of 42 Pa.C.S.A. § 6352(a)(5).
The purpose of the Crawford County Juvenile Court Restitution Fund shall be to provide a common fund for the deposit of money received from children under Crawford County Juvenile Court supervision and from other revenue sources to be disbursed to reimburse crime victims for financial losses resulting from delinquent acts.
To further the purpose of the Crawford County Juvenile Court Restitution Fund the Court adopts the following guidelines:
Crawford County Juvenile Court Restitution Fund Guidelines
The name of the fund will be the Crawford County Juvenile Court Restitution Fund. When used on any document for brevity, the Crawford County Juvenile Court Restitution Fund may be referred to as the ''CCJCR Fund.''
The Crawford County Juvenile Probation Department shall be responsible for establishing, monitoring, and maintaining the CCJCR Fund in accordance with the following guidelines and any further guidelines that may be promulgated by the President Judge from time to time.
For the purposes of the CCJCR Fund the following definitions will apply:
Eligible Juvenile—Any child who is under the jurisdiction of the Court of Common Pleas of Crawford County through the Crawford County Juvenile Probation Department on or after the effective date of the establishment of the CCJCR Fund and who is required by disposition of the Court or the Juvenile Probation Department to pay restitution to a victim or victims of a delinquent act committed by the child.
Eligible Victim—Any person, business, organization, insurance company, as well as the Commonwealth Crime Victim Compensation Fund (exclusive of any parent or sibling victim) who has a legitimate claim for restitution filed through the Crawford County Juvenile Probation Department on or after the effective date of the fund which claim has resulted from the delinquent act of an eligible juvenile.
Fund Revenue and Management
Funding will be provided for the CCJCR Fund as follows:
A. The Juvenile Probation Department will assess a fee of $25.00 upon juveniles for each adjudication of delinquency, entry of a consent decree or informal adjustment to be deposited in the CCJCR Fund.
Additionally, pursuant to 42 Pa.C.S.A. § 6304.1 any money collected by the Juvenile Probation Department following a certification from a magisterial district judge court that a child has failed to comply with a lawful sentence imposed for a summary offense by a judge of such a court shall be deposited into the CCJCR Fund.
B. The Chief of Crawford County Juvenile Probation may waive the requirement of any juvenile to pay the fee to the CCJCR Fund due to indigency and/or for other appropriate reasons.
C. The CCJCR Fund shall be managed by the Crawford County Juvenile Probation Department under the direction of the Chief and the Chief shall arrange for the creation of a checking account at a local bank promptly after the effective date of the CCJCR Fund which account shall name the following as signators for the issuance of checks: the current Chief of Crawford County Juvenile Probation Department; each of the two supervisors of the Juvenile Probation Department; and the Crawford County Court Administrator. The signature of two of those four individuals shall be required for the issuance of any check. The President Judge may from time to time designate one or more other person to be one of the signators on the CCJCR Fund account.
All funds currently in a bank account established by the Juvenile Probation Department for the deposit of funds received from outside agencies for the performance of community service work shall be deposited into the new account at or immediately after its creation.
Upon the creation of the CCJCR Fund the revenue received from juveniles as aforesaid as well as any revenue paid from outside entities for the performance of community service work shall be deposited promptly in the new checking account.
Disbursements from the newly created checking account shall be only for restitution payments approved in a manner hereinafter set forth and for basic maintenance and supplies (i.e. gasoline for mowers) needed for community service work as well as any payments due to the Crawford County Commissioners as set forth in a Memorandum of Understanding with the Crawford County Commissioners.
D. The President Judge may, from time to time upon the recommendation of the current Chief of the Crawford County Juvenile Probation Department make other sources of revenue payable to the CCJCR Fund as those sources of revenue become available.
E. All revenues received for the CCJCR Fund shall be receipted, recorded, deposited or otherwise handled in the same manner as other funds received by the Crawford County Juvenile Probation Department for the purpose of reimbursing victims of delinquent crimes.
F. The Chief of the Crawford County Juvenile Probation Department shall provide quarterly to the President Judge a record of receipts and disbursements from the CCJCR Fund.
G. The funds shall be subject to an annual audit by the elected Crawford County Auditors or any other appropriate auditors.
CCJCR Fund Review Committee
Subject to changes the President Judge may make from time to time, the CCJCR Fund review committee shall be comprised of:
Chief of the Crawford County Juvenile Probation Department and/or a supervisor the Chief may designate
Victim/Witness Coordinator for Juvenile Probation
The Juvenile's supervising Probation Officer
Community Service Program Officer
Fund Expenditures for Restitution
Eligible juveniles may request assistance from the CCJCR Fund in the following manner:
The Crawford County Juvenile Probation Department will prepare an application form for eligible juveniles to utilize in order to request assistance from the fund. In addition to any other information the Crawford County Juvenile Probation Department may deem appropriate, the application will include the following:
1. Description information about the juvenile including name, date of birth, type of supervision and length of supervision.
2. Information with regard to the juvenile's ability to pay restitution.
3. A statement from the Juvenile Probation Officer supervising the juvenile regarding the juvenile's overall adjustment while under supervision, behavior at home, in the community and at school.
4. Information regarding the juvenile's community service completion.
5. A statement as to the balance of restitution owed by the juvenile.
6. A statement that the juvenile has performed community service at a minimum wage rate equal to at least one half of the amount of payment that is being requested from the CCJCR Fund, is prepared to perform community service at a minimum wage rate equal to the remainder of the disbursement that is requested from the fund and that it appears the juvenile will be supervised long enough to complete that additional community service.
The Juvenile Probation Officer for the applicant will forward the completed application to the Chief Juvenile Probation Officer for consideration by the Review Committee.
The Review Committee after reviewing the application will recommend whether any funds will be disbursed on behalf of the applicant and the amount of those funds.
Said funds will only be disbursed to the eligible victims upon authorization from the President Judge after reviewing the recommendation of the review committee. If there are multiple victims the funds authorized will be disbursed proportionately.
The maximum disbursement that will be authorized on behalf of any juvenile will be $1,000.
Suspension of Fund Activity
In the event the CCJCR Fund balance is below $100 fund activity shall be suspended until the fund again exceeds $100.
Additionally, the President Judge or the Chief of Juvenile Probation may suspend any and all activities associated with the CCJCR Fund at any time except if that suspension is done by the Chief of Juvenile Probation, the Chief shall notify the President Judge in writing within 48 hours of doing so stating the reasons for the suspension of all activities associated with that fund. Upon review of that notification the President Judge may choose to end the suspension or otherwise allow the fund to make disbursements with certain limitations set by the President Judge.
By the Court
ANTHONY J. VARDARO,
[Pa.B. Doc. No. 18-1261. Filed for public inspection August 17, 2018, 9:00 a.m.]
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