Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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Pennsylvania Code



Subchapter G. STANDARDS GOVERNING THE COLLECTION AND DISBURSEMENT OF RESTITUTION


Sec.


200.601.    Written guidelines.
200.602.    Elements of written guidelines.

Authority

   The provisions of this Subchapter G issued under section 4 of the act of December 21, 1959 (11 P. S. §  240-4), unless otherwise noted.

Source

   The provisions of this Subchapter G adopted May 12, 2006, effective May 13, 2006, 36 Pa.B. 2282, unless otherwise noted.

§ 200.601. Written guidelines.

 The president judge of the court of common pleas shall promulgate written guidelines governing the collection and disbursement of restitution in juvenile delinquency cases, under 42 Pa.C.S. §  6352(a)(5) (relating to disposition of delinquent child).

§ 200.602. Elements of written guidelines.

 The written guidelines must, at a minimum, include the following elements:

   (1)  A policy that children under the jurisdiction of the court who owe restitution be required to make a reasonable amount of restitution, considering the nature of the acts committed and the earning capacity of the child.

   (2)  A policy that a dispositional order include a specific amount of restitution to be paid, to whom the restitution is to be paid, and a payment schedule if so determined by the court.

   (3)  A policy that the monetary limits of parental liability in juvenile delinquency cases conform to 23 Pa.C.S. §  5505 (relating to monetary limits of liability).

   (4)  A policy that where the court has ordered a delinquent child to pay fines, costs or restitution, the court shall retain jurisdiction until there has been full compliance with the order or until the delinquent child attains 21 years of age.

   (5)  A policy that judgments be filed at termination of juvenile court jurisdiction under 42 Pa.C.S. §  9728 (relating to collection of restitution, reparation, fees, costs, fines and penalties) in cases where orders for fines, costs or restitution remain unpaid.

   (6)  A policy that the juvenile probation department be responsible for developing private sector or subsidized employment opportunities, or both, to enable indigent children to pay restitution.

   (7)  Provisions governing the collection of moneys, the management and control of receipts, and disbursement of funds.

   (8)  A policy requiring an annual report detailing individual and aggregate data on the amount of restitution ordered and collected.

   (9)  A requirement for an annual audit of all restitution collected and disbursed in juvenile delinquency cases.



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