THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY WAUGH, BOSCOLA, BROWNE, ERICKSON, ORIE, RAFFERTY AND TARTAGLIONE, DECEMBER 18, 2009

REFERRED TO JUDICIARY, DECEMBER 18, 2009  

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, further providing for

sentencing generally and for collection of restitution,

reparation, fees, costs, fines and penalties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 9721 of Title 42 of the Pennsylvania

Consolidated Statutes is amended by adding a subsection to read:

§ 9721.  Sentencing generally.

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(c.1)  Mandatory payment of costs.--Notwithstanding the

provisions of section 9728 (relating to collection of

restitution, reparation, fees, costs, fines and penalties) or

any provision of law to the contrary, in addition to the

alternatives set forth in subsection (a), the court shall order

the defendant to pay costs. In the event the court fails to

issue an order for costs pursuant to section 9728, costs shall

be imposed upon the defendant under this section. No court order

shall be necessary for the defendant to incur liability for

costs under this section.

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Section 2.  Section 9728(b)(3) and (5) of Title 42 are

amended and the section is amended by adding a subsection to

read:

§ 9728.  Collection of restitution, reparation, fees, costs,

fines and penalties.

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(b)  Procedure.--

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(3)  The county clerk of courts shall, upon sentencing,

pretrial disposition or other order, transmit to the

Department of Probation of the respective county or other

agent designated by the county commissioners of the county

with the approval of the president judge of the county and to

the county correctional facility to which the offender has

been sentenced or to the Department of Corrections, whichever

is appropriate, copies of all orders for restitution and

amendments or alterations thereto, reparation, fees, costs,

fines and penalties. This paragraph also applies in the case

of costs imposed under section 9721(c.1) (relating to

sentencing generally).

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(5)  The county correctional facility to which the

offender has been sentenced or the Department of Corrections

shall be authorized to make monetary deductions from inmate

personal accounts for the purpose of collecting restitution

or any other court-ordered obligation or costs imposed under

section 9721(c.1). Any amount deducted shall be transmitted

by the Department of Corrections or the county correctional

facility to the probation department of the county or other

agent designated by the county commissioners of the county

with the approval of the president judge of the county in

which the offender was convicted. The Department of

Corrections shall develop guidelines relating to its

responsibilities under this paragraph.

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(b.2)  Mandatory payment of costs.--The following apply:

(1)  Notwithstanding any provision of law to the

contrary, in the event the court fails to issue an order

under subsection (a) imposing costs upon the defendant, the

defendant shall nevertheless be liable for costs, as provided

in section 9721(c.1). The absence of a court order shall not

affect the applicability of the provisions of this section.

(2)  When costs are imposed under section 9721(c.1), an

offender who has been sentenced to a period of confinement

shall be given the opportunity to file written objections

with the Department of Corrections or the county correctional

facility to which he has been sentenced, as appropriate. The

Department of Corrections shall develop an informal,

nonadversarial process to review the written objections for

use by the Department of Corrections and county correctional

facilities. In no case may the department or the county

correctional facility make monetary deductions from the

personal account of an offender without first reviewing and

responding to any written objection filed by the offender.

The department shall develop guidelines relating to its

responsibilities under this paragraph.

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Section 3.  This act shall apply to costs imposed on or after

the effective date of this act.

Section 4.  This act shall take effect in 60 days.