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§ 11.1102. Costs for offender supervision programs

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 18 P.S. Crimes and OffensesEffective: September 9, 2022

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 18 P.S. Crimes and Offenses
Chapter 2. Crime Victims Act (Refs & Annos)
Chapter 11. Financial Matters
Effective: September 9, 2022
18 P.S. § 11.1102
§ 11.1102. Costs for offender supervision programs
<Section 16 of Act 2022, July 11, P.L. 775, No. 77, provides that the amendment of this section by that Act shall apply to claims where the crime occurred after April 7, 2023.>
(a) County fund.--The county treasurer of each county shall establish and administer a County Supervision Fee Restricted Receipts Account consisting of the fees collected under this section. The county treasurer shall disperse money from this account only at the discretion of the president judge of the court of common pleas. The money in this account shall be used to pay the salaries and employee benefits of all probation and parole personnel employed by the county probation and parole department and the training and operational expenses of that department. Money from this account shall be used to supplement Federal, State or county appropriations for the county adult probation and parole department. The president judge shall by August 31 provide the commission with an annual statement that fully reflects all collections deposited into and expenditures from the County Supervision Fee Restricted Receipts Account for the preceding fiscal year. The commission may randomly audit and monitor account recipients to ensure the appropriate use of funds and compliance with the provisions of this section. The commission shall promulgate regulations to provide for the permanent administration of this program, as advised by the County Adult Probation and Parole Advisory Committee.
(b) State fund.--There is established a State Offender Supervision Fund to be administered by the department and comprised of the supervision fees collected under subsection (d). The money in this fund shall be used to supplement the Federal or State funds appropriated for the improvement of State parole supervision.
(c) Court.--The court shall impose as a condition of supervision a monthly supervision fee of at least $25 on any offender placed on probation, parole, accelerated rehabilitative disposition, probation without verdict or intermediate punishment unless the court finds that the fee should be reduced, waived or deferred based on the offender's present inability to pay. All of the fees shall be deposited into the County Supervision Fee Restricted Receipts Account established in each county pursuant to this section. In the discretion of the Auditor General, but no less than once every three years, the Auditor General shall conduct an audit of the account.
(d) Board.--The board shall impose as a condition of supervision a monthly supervision fee of at least $25 on any offender under the department's supervision unless the board finds that such fee should be reduced, waived or deferred based on the offender's present inability to pay. All fees collected shall be deposited into the State Offender Supervision Fund.
(e) Continuation.--
(1) For offenders under supervision of a county probation department or the board as of the day prior to the effective date of this section or under the supervision of the department, the fee shall automatically become a part of the supervision conditions as if the court or board had imposed it unless the court or board makes a finding that the offender is presently unable to pay.
(2) The court or board may make a finding that the offender is unable to pay based on any of the following factors:
(i) The offender has diligently attempted but has been unable to obtain employment that provides the offender sufficient income to make such payments.
(ii) The offender is a student in a school, a college, a university or a course of vocational or technical training designed to fit the student for gainful employment.
(iii) The offender has an employment handicap as determined by an examination acceptable to or ordered by the court or board.
(iv) The offender's age prevents employment.
(v) The offender is responsible for the support of dependents, and the payment of the assessment constitutes an undue hardship on the offender.
(vi) Other extenuating circumstances as determined by the court or board.

Credits

1998, Nov. 24, P.L. 882, No. 111, § 1102, imd. effective. Amended 2022, July 11, P.L. 775, No. 77, § 12, effective in 60 days [Sept. 9, 2022].
18 P.S. § 11.1102, PA ST 18 P.S. § 11.1102
Current through 2022 Regular Session Act 114. Some statute sections may be more current, see credits for details.
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