Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part II - GENERAL ADMINISTRATION › Chapter 29 - MISCELLANEOUS PROVISIONS › Subchapter I - BUDGET AND FINANCE › Section 29.353 - General Principles

Current through Register Vol. 54, No. 28, July 13, 2024
The Supreme Court of Pennsylvania, pursuant to general
					 authority set forth by Art. V, § 10 of the Pennsylvania Constitution, and
					 42 Pa.C.S. §
											1721, has
					 authorized the Court Administrator of Pennsylvania to promulgate regulations in
					 accordance with all applicable statutory provisions pertaining to the
					 distribution and disbursement of all fines, fees, costs, reparations,
					 restitution, penalties and other remittances imposed and collected by the
					 Criminal Division of the Courts of Common Pleas, Philadelphia Municipal Court,
					 any other entity on behalf of the Court using the Common Pleas Criminal Court
					 Case Management System (CPCMS), and the Magisterial District Courts, which use
					 the Magisterial District Judge System (MDJS).
These regulations are effective September 1, 2022.
I. Schedule for standard distribution of
				  funds collected by the Criminal Division of the Courts of Common Pleas,
				  Philadelphia Municipal Court, any other entity on behalf of the Court using the
				  CPCMS, and the Magisterial District Courts, which use the MDJS.
A. All fines, fees, costs, reparations,
				  restitution, penalties and other remittances imposed and collected by the
				  Criminal Division of the Courts of Common Pleas, Philadelphia Municipal Court,
				  any other entity on behalf of the Court using the CPCMS, and the Magisterial
				  District Courts, which use the MDJS, shall be distributed in the following
				  prioritized order:
1. The collection agency
				  fee provided for in
				  42 Pa.C.S. §
													9730.1 shall
				  be paid first, but only in cases wherein the private collection agency has
				  secured the funds from the defendant or a third party and the payment is made
				  to the court. No more than 25% of each payment secured from the defendant by
				  the private collection agency may be applied towards this fee.
2. The Crime Victim Services and Compensation
				  Fund shall be paid, but only in cases in which the defendant has been sentenced
				  to incarceration, probation or is admitted into an accelerated rehabilitative
				  disposition program (see
				  18
				  P.S. §
													11.1101). Otherwise, these costs shall
				  be distributed in accordance with subsection (A)(6) of these
				  regulations.
3. At least 50% of any
				  additional payment shall go to restitution until it is paid in full (see
				  42 Pa.C.S. §
													9728(g.1)).
				  When restitution is ordered to more than one recipient at the same time, the
				  court shall set the priority of payment as follows, in accordance with
				  18 Pa.C.S. §
													1106(c)(1)(ii)(A)-(G):
i. Any individual.
ii. Any affected government agency. The term
				  "affected government agency" is defined as the Commonwealth, a political
				  subdivision or local authority that has sustained injury to property. The term
				  "injury to property" is defined as loss of real or personal property, including
				  negotiable instruments, or decrease in its value, directly resulting from the
				  crime. See Section 1106(h) of the Crimes Code,
				  18 Pa.C.S. §
														1106(h).
iii. The Crime Victim's Compensation
				  Board.
iv. Any other government
				  agency that has provided reimbursement to the victim as a result of the
				  defendant's criminal conduct.
v. Any
				  insurance company that has provided reimbursement to the victim as a result of
				  the defendant's criminal conduct.
vi. Any estate or testamentary
				  trust.
vii. Any business entity
				  organized as a nonprofit or not-for-profit entity.
viii. Any other business entity. The term
				  "business entity" is defined as a domestic or foreign: business corporation,
				  nonprofit corporation, general partnership, limited partnership, limited
				  liability company, unincorporated nonprofit association, professional
				  association or business trust, common law business trust or statutory trust.
				  See Section 1106(h) of the Crimes Code,
				  18 Pa.C.S. §
														1106(h).
4. Judicial Computer Project/Access To
				  Justice/Criminal Justice Enhancement Account/Office of Attorney General
				  (JCS/ATJ/CJEA/OAG) Fee (see
				  42 Pa.C.S. §§
													3733(a.1)
				  and 3733.1; and
				  72
				  P.S. §
													1795.1-E).
5. Electronic monitoring fees, offender
				  supervision fees (as set forth in
				  18
				  P.S. §
													11.1102(c)), alcohol
				  highway safety school fees, service fees (such as sheriff's fees set forth in
				  42
				  P.S. §
													21101
et seq.
, and
				  constable's fees set forth in
				  44 Pa.C.S. §§
													7161 and
				  7161.1), transcript fees,
				  witness fees (as provided for in
				  42 Pa.C.S. §
													5903), and
				  other similar fees shall be paid based upon a pro-rated formula, unless the
				  fees are prioritized by court order or the judicial district. The
				  Administrative Office of Pennsylvania Courts may preclude a fee from being
				  classified as an "other similar fee." The amount of the payment allocated to
				  each outstanding item shall be determined by dividing the outstanding balance
				  for the individual item by the combined total of the outstanding balances for
				  all items. The resulting number is then multiplied by the amount of the payment
				  to determine how much of the payment shall be allocated to the outstanding
				  balance of the individual item involved.
For example, a defendant owes $80.00 in electronic
					 monitoring fees, $10.00 in offender supervision fees, and $10.00 in service
					 fees, for a total of $100.00 in outstanding fees. Defendant makes a payment of
					 $10.00 in his/her case. To determine the amount to be allocated to electronic
					 monitoring fees, divide the outstanding balance of the electronic monitoring
					 fee ($80.00) by the combined total outstanding balances of all items ($80.00 +
					 10.00 + 10.00 = $100.00). The result in this example is .8 (80/100). Multiply
					 the resulting figure by the amount of the payment to determine the allocation
					 to electronic monitoring fees, which in this example is $8.00 (.8 x $10.00 =
					 $8.00).
6. All other fines,
				  fees, costs, reparations, penalties and other remittances, except for judgment
				  or satisfaction fees, shall be distributed based upon a pro-rated formula.
				  Specifically, the amount of the payment allocated to each outstanding item
				  shall be determined by dividing the outstanding balance for the individual item
				  by the combined total of the outstanding balances for all items. The resulting
				  number is then multiplied by the amount of the payment to determine how much of
				  the payment shall be allocated to the outstanding balance of the individual
				  item involved.
For example, a defendant owes $80.00 in costs, $10.00 in
					 fines, and $10.00 in fees, for a total of $100.00 in outstanding costs, fines
					 and fees. Defendant makes a payment of $20.00 in his/her case. To determine the
					 amount to be allocated to the fines, divide the outstanding balance of the
					 fines ($10.00) by the combined total outstanding balances of all items ($80.00
					 + 10.00 + 10.00 = $100.00). The result in this example is .1 (10/100). Multiply
					 the resulting figure by the amount of the payment to determine the allocation
					 to the fines, which in this example is $2.00 (.1 x $20.00 =
					 $2.00).
7. Fees charged by
				  the clerk of courts, prothonotary, other entity in the county responsible for
				  the distribution and disbursement of all fines, fees, costs, reparations,
				  restitution, penalties, or other remittances, or the Clerk of Philadelphia
				  Municipal Court for the entry or satisfaction of a civil judgment related to a
				  criminal proceeding, as set forth in
				  42 Pa.C.S. §
													1725 and
				  42 P.S. §§ 21042 and
				  21071, shall be paid last. The amount of the payment allocated to each fee
				  shall be determined by dividing the outstanding balance for the individual fee
				  by the combined total of the outstanding balances for both fees. The resulting
				  number is then multiplied by the amount of the payment to determine how much of
				  the payment shall be allocated to the outstanding balance of the individual fee
				  involved.
For example, a defendant owes $60.00 in judgment fees and
					 $40.00 in satisfaction fees for a total of $100.00 in outstanding fees.
					 Defendant makes a payment of $10.00 in his/her case. To determine the amount to
					 be allocated to judgment fees, divide the outstanding balance of the judgment
					 fees ($60.00) by the combined total outstanding balances of all items ($60.00 +
					 40.00 = $100.00). The result in this example is .6 (60/100). Multiply the
					 resulting figure by the amount of the payment to determine the allocation to
					 judgment fees, which in this example is $6.00 (.6 x $10.00 =
					 $6.00).