37 Pa. Code § 68.22 - Program implementation
(a)
The president judge of the court of common pleas shall appoint an appropriate
person to implement the Program. The designated official shall develop policies
and procedures which clearly communicate the importance of fee collection and
monitoring of payments to managers, supervisors and probation officers. These
policies and procedures shall include the following:
(1)
County sentenced
supervision. If an offender is placed under supervision of the county
in which the offender was sentenced, that offender shall be required to pay a
monthly supervision fee to that county unless this requirement is waived or
deferred by the court or its supervising agency.
(2)
Intercounty supervision.
If an offender is transferred from one county to another county in this
Commonwealth, the monthly supervision fee shall be paid to the receiving county
if the offender has the ability to pay as determined by the supervising
agency.
(3)
Interstate
supervision. If an offender is transferred through the Interstate
Compact from a county in this Commonwealth to another state, the offender is no
longer required to pay a supervision fee to the sending county in this
Commonwealth. The transferred offender shall comply with the conditions of
supervision of the receiving state, including a supervision fee, if applicable.
An offender received for supervision from another state through the Interstate
Compact is required to pay a monthly supervision fee unless this requirement is
waived or deferred by the supervising agency.
(4)
Cooperative supervision.
If an offender is under the supervision of the Board and a county adult
probation/parole agency, the agency actively supervising the offender shall
receive the monthly supervision fee. If both agencies are providing active
supervision, supervision fees shall be paid to only one agency and the Board's
District Director for that area shall confer with the county chief adult
probation officer to resolve the issue based upon the following criteria:
(i) The agency supervising the sentence with
the latest maximum term expiration date.
(ii) The availability of specialized
programs.
(b)
Probation/parole administrators, in concert with the court, shall adopt
classification systems and case management standards which assure that
offenders who pay a supervision fee on a regular basis are not kept on
supervision longer than necessary.
(c) The president judge of the court of
common pleas shall establish the priority of court ordered payments, including
supervision fees.
(d) The agency
responsible for implementation of the Program shall inform the offender of the
following:
(1) The offender's obligation and
responsibility to pay the supervision fee as ordered and according to the
payment schedule as determined by the supervising or collecting agency, or
both.
(2) The offender's
responsibility to initiate a request for the fee to be reduced, waived or
deferred based on the offender's inability to pay the fee.
(3) The range of sanctions available to the
supervising agency and the court in the event the offender fails to pay the
supervision fee as ordered.
(e) The agency administrator or a designee,
responsible for implementation of the Program, shall monitor Program operation
through inspections and reviews at least annually to determine compliance with
policies and procedures.
(f) On or
before August 31 of each year, the president judge of the court of common pleas
shall provide the Board with an annual statement which fully reflects
collections deposited into and expenditures from the County Offender
Supervision Fund for the preceding fiscal year.
Notes
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