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PA Bulletin, Doc. No. 97-971



District Justice Sentencing Authority; Delaware County Community Service Program; Doc. No. A-41-31-1990

[27 Pa.B. 2924]


   And Now, this 29th day of May, 1997, it is hereby Ordered and Decreed as follows:

   1)  The Delaware County Community Service Program is hereby approved as an alternative sentencing option which may be imposed by District Justices for first time offenders charged with summary offenses except in cases charging offenses under Title 75 (relating to vehicles) and Title 34 (relating to game), upon a finding of guilt or a guilty plea.

   2)  The Defendant shall be required to pay any and all restitution as a condition to participation in the Community Service Program.

   3)  The Community Service Program shall be implemented and supervised by Mr. Walter Omlor, Executive Administrator for Alternative Sentences, and strictly enforced according to guidelines issued by the Executive Administrator and approved by the Administrator's Office for District Justices at the direction of the President Judge.

   4)  The Community Service Program shall be phased in throughout Delaware County by ''Catchment Areas'' according to a timetable which shall be published by the Executive Administrator for Alternative Sentences at the direction of the President Judge. The Executive Administrator shall be responsible for maintaining the record checking, recordkeeping and reporting requirements and shall provide such reports as may be required by the President Judge.

   5)  District Justices shall require a Defendant admitted into the Community Service Program to pay Court costs and shall sentence the Defendant to not more than fifty (50) hours of Community Service. The Defendant shall pay a Community Service Program fee of twenty-five dollars ($25.00) and an administrative application fee of sixty dollars ($60.00) payable directly to the Community Service Program. The fees may be changed from time to time after a determination is made by the Executive Administrator for Alternative Sentences of the appropriate fee based upon the administrative expenses.

   6)  Whether a Defendant is eligible for the Community Service Program is within the sound discretion of the District Justice.

   7)  The District Justice and Mr. Walter Omlor shall have the discretion, based upon extenuating circumstances, to admit a Defendant into the Community Service Program even if the Defendant has previously been admitted into the program.

   8)  If the Defendant fails to complete the Community Service Program, or if the District Justice does not approve an alternative sentence, the District Justice shall proceed with the case as provided by law.

By the Court

President Judge

[Pa.B. Doc. No. 97-971. Filed for public inspection June 20, 1997, 9:00 a.m.]

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