Bill Text: PA SB1169 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Further providing for costs, for Commonwealth portion of fines, etc., for place of detention, for sentencing generally and for collection of restitution, reparation, fees, costs, fines and penalties.

Spectrum: Slight Partisan Bill (Republican 6-3)

Status: (Passed) 2010-10-27 - Act No. 96 [SB1169 Detail]

Download: Pennsylvania-2009-SB1169-Amended.html

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PRIOR PRINTER'S NO. 1578 PRINTER'S NO. 1620
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1169 Session of2009
INTRODUCED BY WAUGH, BOSCOLA, BROWNE, ERICKSON, ORIE, RAFFERTY, TARTAGLIONE AND FERLO, DECEMBER 18, 2009
SENATOR GREENLEAF, JUDICIARY, AS AMENDED, JANUARY 26, 2010
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.
* * *
(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.
* * *
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.
* * *
(b) Procedure.--
* * *
(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).
* * *
(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
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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.
* * *
(b.2) Mandatory payment of costs.--The following apply: <--
(1) Notwithstanding costs.--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.
* * *
20100SB1169PN1620 - 3 -
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.
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