PRINTER'S NO. 988
No. 825 Session of 2003
INTRODUCED BY O'PAKE, MUSTO, ORIE, LOGAN, ERICKSON, KITCHEN,
COSTA, TOMLINSON, KASUNIC, RAFFERTY, WAUGH AND C. WILLIAMS,
JUNE 17, 2003
REFERRED TO JUDICIARY, JUNE 17, 2003
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 collection of restitution, reparation, fees, costs, fines and
4 penalties.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 9728(b) Title 42 of the Pennsylvania
8 Consolidated Statutes is amended to read:
9 § 9728. Collection of restitution, reparation, fees, costs,
10 fines and penalties.
11 * * *
12 (b) Procedure.--
13 (1) The county clerk of courts shall, upon sentencing,
14 pretrial disposition or other order, transmit to the
15 prothonotary certified copies of all judgments for
16 restitution, reparation, fees, costs, fines and penalties
17 which, in the aggregate, exceed $1,000, and it shall be the
18 duty of each prothonotary to enter and docket the same of
1 record in his office and to index the same as judgments are
2 indexed, without requiring the payment of costs as a
3 condition precedent to the entry thereof.
4 (2) The clerk of courts, in consultation with other
5 appropriate governmental agencies, may transmit to the
6 prothonotary of the respective county certified copies of all
7 judgments for restitution, reparation, fees, costs, fines and
8 penalties which, in the aggregate, do not exceed $1,000, and,
9 if so transmitted, it shall be the duty of each prothonotary
10 to enter and docket the same of record in his office and to
11 index the same as judgments are indexed, without requiring
12 the payment of costs as a condition precedent to the entry
13 thereof.
14 (3) The county clerk of courts shall, upon sentencing,
15 pretrial disposition or other order, transmit to the
16 Department of Probation of the respective county or other
17 agent designated by the county commissioners of the county
18 with the approval of the president judge of the county and to
19 the county correctional facility to which the offender has
20 been sentenced or to the Department of Corrections, whichever
21 is appropriate, copies of all orders for restitution and
22 amendments or alterations thereto, reparation, fees, costs,
23 fines and penalties.
24 (4) The total amount for which the person is liable
25 pursuant to this section may be entered as a judgment upon
26 the person or the property of the person sentenced or
27 ordered, regardless of whether the amount has been ordered to
28 be paid in installments.
29 (5) The county correctional facility to which the
30 offender has been sentenced or the Department of Corrections
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1 shall be authorized to make monetary deductions from inmate
2 personal accounts for the purpose of collecting restitution
3 or any other court-ordered obligation. Any amount deducted
4 shall be transmitted by the Department of Corrections or the
5 county correctional facility to the probation department of
6 the county or other agent designated by the county
7 commissioners of the county with the approval of the
8 president judge of the county in which the offender was
9 convicted. The Department of Corrections shall develop
10 guidelines relating to its responsibilities under this
11 paragraph.
12 (6) In any year in which the aggregate of unpaid
13 restitution, reparation, fees, costs, fines and penalties
14 equals or exceeds $100, the county probation department may
15 certify the unpaid amount to the Department of Revenue not
16 later than December 31, and it shall be offset against any
17 refund due for State taxes for that year. The offset under
18 this paragraph shall be paid to the county probation
19 department for distribution in accordance with this section.
20 This refund offset shall be effective only after any refund
21 offset for child support has been made. Any offset in excess
22 of the total due when payment is received by the county
23 probation department shall be refunded to the subject of the
24 order within 45 days of the payment to the county probation
25 department and determination of the final aggregate amount
26 due.
27 * * *
28 Section 2. This act shall take effect in 60 days.
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