PRINTER'S NO. 954
No. 775 Session of 2005
INTRODUCED BY GREENLEAF, COSTA, LEMMOND, O'PAKE, RAFFERTY,
STACK, ERICKSON AND FERLO, JUNE 17, 2005
REFERRED TO JUDICIARY, JUNE 17, 2005
AN ACT
1 Amending the act of June 19, 2002 (P.L.377, No.56), entitled "An
2 act authorizing the Commonwealth of Pennsylvania to join the
3 Interstate Compact for the Supervision of Adult Offenders;
4 providing for the form of the compact; imposing additional
5 powers and duties on the Governor, the Secretary of the
6 Commonwealth and the Compact Administrator; and making a
7 repeal," establishing the Interstate Compact for the
8 Supervision of Adult Offenders Fund; imposing an application
9 fee; providing for the collection of the application fee;
10 imposing additional powers and duties on the State Council
11 for Interstate Adult Offender Supervision, including the
12 distribution of the moneys in the fund; and providing for
13 definitions.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. The act of June 19, 2002 (P.L.377, No.56), known
17 as the Interstate Compact for the Supervision of Adult Offenders
18 Act, is amended by adding a section to read:
19 Section 4.1. Interstate Compact for the Supervision of Adult
20 Offenders Fund.
21 (a) Fund established.--The Interstate Compact for the
22 Supervision of Adult Offenders Fund is hereby established as a
23 restricted receipts account within the General Fund. Moneys from
1 the fund shall be used exclusively for the purposes described in
2 this section.
3 (b) Application fee.--
4 (1) Any person on county probation or parole who applies
5 for a transfer of supervision to another state through the
6 interstate compact shall be required to pay an application
7 fee with each application for transfer, unless the court
8 finds that the application fee should be reduced, waived or
9 deferred based upon the person's inability to pay. All such
10 application fees shall be collected by the county probation
11 department or other agent designated by the county
12 commissioners of the county with the approval of the
13 president judge.
14 (2) Any person on State probation or parole who applies
15 for a transfer to another state through the interstate
16 compact shall be required to pay an application fee to the
17 board with each application for transfer, unless the board
18 finds that the application fee should be reduced, waived or
19 deferred based upon the person's inability to pay.
20 (c) Amount of application fee.--The State council shall
21 establish the amount of the application fee but the fee shall
22 not exceed $150. The application fee shall be nonrefundable. The
23 application fee shall be assessed for each application for
24 transfer to another state.
25 (d) Application fee collected by county.--For administrative
26 expenses, the county shall be entitled to retain a percentage of
27 each application fee collected under this section, which shall
28 be deposited in the county's general fund. The percentage of the
29 application fee that may be retained shall be determined by the
30 State council 60 days prior to the beginning of each
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1 Commonwealth fiscal year commencing on July 1 and ending on June
2 30. All of the remaining portion of each application fee
3 collected by the county shall be deposited into the fund.
4 (e) Application fee collected by board.--All of each
5 application fee collected by the board under this section shall
6 be deposited into the fund.
7 (f) Disbursement.--The State council shall allocate and
8 disburse the moneys in the fund to offset or pay for the:
9 (1) Annual assessments on the Commonwealth for
10 participation in the interstate compact.
11 (2) Administrative and operational expenses incurred
12 because of the Commonwealth's participation in the interstate
13 compact.
14 (3) Fines, fees or costs imposed by the interstate
15 commission pursuant to the interstate compact.
16 (g) Definitions.--As used in this section, the following
17 words and phrases shall have the meanings given to them in this
18 subsection:
19 "Board." The Pennsylvania Board of Probation and Parole.
20 "Fund." The Interstate Compact for the Supervision of Adult
21 Offenders Fund.
22 "Interstate commission." The Interstate Commission for Adult
23 Offender Supervision.
24 "Interstate compact." The Interstate Compact for the
25 Supervision of Adult Offenders.
26 "State." A state of the United States, the District of
27 Columbia and any other territorial possessions of the United
28 States.
29 "State council." The State Council for Interstate Adult
30 Offender Supervision.
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1 Section 2. This act shall apply to any person who applies on
2 or after the effective date of this act for a transfer of
3 supervision to another state.
4 Section 3. This act shall take effect in 60 days.
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