PRINTER'S NO. 2167
No. 1744 Session of 1997
INTRODUCED BY BIRMELIN, BATTISTO, CLYMER, OLASZ, BELARDI,
PHILLIPS, HENNESSEY, MARSICO, B. SMITH, ORIE, GODSHALL,
MASLAND, LYNCH, DALEY, M. N. WRIGHT, FLEAGLE, COY, STABACK,
WILT, GEIST, WAUGH, ROONEY, PLATTS, KENNEY, RAYMOND, ALLEN,
BROWN, FICHTER, BOSCOLA, MELIO, READSHAW, DeLUCA, SERAFINI,
BROWNE, BAKER, HUTCHINSON, S. H. SMITH, NICKOL, BARD, FARGO,
MAITLAND, SAYLOR, LEDERER, HARHART, TRELLO, DALLY, SANTONI,
HESS, BENNINGHOFF, STERN, ADOLPH, TRUE, DRUCE, LEH, MILLER,
WALKO, ARMSTRONG, ITKIN, ROHRER, E. Z. TAYLOR, EGOLF AND
JOSEPHS, SEPTEMBER 3, 1997
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 3, 1997
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 and for record requirements.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Sections 8127(a) and 9728 of Title 42 of the
8 Pennsylvania Consolidated Statutes are amended to read:
9 § 8127. Personal earnings exempt from process.
10 (a) General rule and exceptions.--The wages, salaries and
11 commissions of individuals shall while in the hands of the
12 employer be exempt from any attachment, execution or other
13 process except upon an action or proceeding:
14 (1) Under 23 Pa.C.S. Pt. IV (relating to divorce).
15 (2) For support.
1 (3) For board for four weeks or less.
2 (3.1) For damages awarded to a judgment creditor-
3 landlord arising out of a residential lease upon which the
4 court has rendered judgment which is final. However, the
5 amount subject to attachment shall have deducted from it any
6 security deposit held by the judgment creditor-landlord and
7 forfeited by the judgment debtor-tenant under section 511.1
8 of the act of April 6, 1951 (P.L.69, No.20), known as The
9 Landlord and Tenant Act of 1951, unless the security deposit
10 has been applied to payment of rent due on the same premises
11 for which the judgment for attachment has been entered. The
12 judgment creditor-landlord shall have the burden of proving
13 that such security deposit has been applied to payment of
14 rent due on the premises herein described. The sum attached
15 shall be no more than 10% of the net wages per pay period of
16 the judgment debtor-tenant or a sum not to place the debtor's
17 net income below the poverty income guidelines as provided
18 annually by the Federal Office of Management and Budget,
19 whichever is less. For the purposes of this paragraph, "net
20 wages" shall mean all wages paid less only the following
21 items:
22 (i) Federal, State and local income taxes.
23 (ii) F.I.C.A. payments and nonvoluntary retirement
24 payments.
25 (iii) Union dues.
26 (iv) Health insurance premiums.
27 (3.2) In the case of wage attachment for damages arising
28 out of a residential lease, to implement the wage attachment,
29 the judgment creditor-landlord shall comply with the
30 Pennsylvania Rules of Civil Procedure and any applicable
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1 local rules. The judgment of the district justice, magistrate
2 or any other court having jurisdiction over landlord and
3 tenant matters or a judgment before the court of common pleas
4 shall reflect that portion of the judgment which is for
5 damages arising out of a residential lease.
6 (4) Under the act of August 7, 1963 (P.L.549, No.290),
7 referred to as the Pennsylvania Higher Education Assistance
8 Agency Act.
9 (5) For restitution to crime victims, costs, fines or
10 bail judgments pursuant to an order entered by a court in a
11 criminal proceeding.
12 * * *
13 § 9728. Collection of restitution, reparation, fees, costs,
14 fines and penalties.
15 (a) General rule.--[All] Except as provided in subsection
16 (b)(5), all restitution, reparation, fees, costs, fines and
17 penalties shall be [collectible] collected by the county
18 probation department in any manner provided by law. However,
19 such restitution, reparation, fees, costs, fines and penalties
20 are part of a criminal action or proceeding and shall not be
21 deemed debts. A sentence, pretrial disposition order or order
22 entered under section 6352 (relating to disposition of
23 delinquent child) for restitution, reparation, fees, costs,
24 fines or penalties shall, together with interest and any
25 additional costs that may accrue, be a judgment in favor of the
26 probation department upon the person or the property of the
27 person sentenced or subject to the order.
28 (b) Procedure.--
29 (1) The county clerk of courts shall, upon sentencing,
30 pretrial disposition or other order, transmit to the
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1 prothonotary [of the respective county] and the department of
2 probation of the respective county and to the county
3 correctional facility to which the offender has been
4 sentenced or to the Department of Corrections, whichever is
5 appropriate, certified copies of all judgments for
6 restitution and amendments or alterations thereto,
7 reparation, fees, costs, fines and penalties which, in the
8 aggregate, exceed $1,000, and it shall be the duty of each
9 prothonotary to enter and docket the same of record in his
10 office and to index the same as judgments are indexed,
11 without requiring the payment of costs as a condition
12 precedent to the entry thereof.
13 (2) The clerk of courts, in consultation with other
14 appropriate governmental agencies, may transmit to the
15 prothonotary of the respective county, but shall transmit to
16 the department of probation of the respective county and to
17 the county correctional facility to which the offender has
18 been sentenced or to the Department of Corrections, whichever
19 is appropriate, certified copies of all judgments for
20 restitution and amendments or alterations thereto,
21 reparation, fees, costs, fines and penalties which, in the
22 aggregate, do not exceed $1,000, and, if so transmitted, it
23 shall be the duty of each prothonotary to enter and docket
24 the same of record in his office and to index the same as
25 judgments are indexed, without requiring the payment of costs
26 as a condition precedent to the entry thereof.
27 (3) On a monthly basis, the prothonotary, or other
28 office or person designated to enter and docket judgments for
29 restitution and amendments or alterations thereto,
30 reparation, fees, costs, fines and penalties, shall transmit
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1 to the department of probation of the respective county, the
2 county correctional facility to which the offender has been
3 sentenced or to the Department of Corrections a record of the
4 amount of outstanding restitution and any other court-ordered
5 obligation owed by any defendant.
6 (4) The total amount for which the person is liable
7 pursuant to this section may be entered as a judgment upon
8 the person or the property of the person sentenced or
9 ordered, regardless of whether the amount has been ordered to
10 be paid in installments.
11 (5) The county correctional facility to which the
12 offender has been sentenced or the Department of Corrections
13 shall be authorized to make monetary deductions from inmate
14 personal accounts for the purpose of collecting restitution
15 or any other court-ordered obligation. Any amount deducted
16 shall be transmitted by the Department of Corrections or the
17 county correctional facility to the probation department of
18 the county in which the offender was convicted. A record of
19 each deduction shall be transmitted by the Department of
20 Corrections or the county correctional facility to the
21 prothonotary of the respective county. The Department of
22 Corrections shall develop guidelines to effectuate this
23 paragraph.
24 (b.1) Restitution file.--Upon receipt of each order from the
25 clerk of courts as provided in subsection (b)(1), the department
26 of probation of the respective county shall open a restitution
27 file for the purposes of recording the amounts of restitution
28 deducted by the correctional facility or collected by the
29 department of probation.
30 (c) Period of time.--Notwithstanding section 6353 (relating
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1 to limitation on and change in place of commitment) or 18
2 Pa.C.S. § 1106(c)(2) (relating to restitution for injuries to
3 person or property), the period of time during which such
4 judgments shall have full effect may exceed the maximum term of
5 imprisonment to which the offender could have been sentenced for
6 the crimes of which he was convicted or the maximum term of
7 confinement to which the offender was committed.
8 (d) Priority.--Notwithstanding any other statutory
9 provisions in this or any other title, any lien obtained under
10 this section shall maintain its priority indefinitely and no
11 writ of revival need be filed.
12 (e) Preservation of assets subject to restitution.--Upon
13 application of the Commonwealth, the court may enter a
14 restraining order or injunction, require the execution of a
15 satisfactory performance bond or take any other action to
16 preserve the availability of property which may be necessary to
17 satisfy an anticipated restitution order under this section:
18 (1) upon the filing of a criminal complaint, information
19 or indictment charging a criminal violation or a petition
20 alleging delinquency for which restitution may be ordered and
21 alleging that the property with respect to which the order is
22 sought appears to be necessary to satisfy such restitution
23 order and judgment; and
24 (2) if, after notice to persons appearing to have an
25 interest in the property and an opportunity for a hearing,
26 the court determines that:
27 (i) there is a substantial probability that:
28 (A) the Commonwealth will prevail on the
29 underlying criminal charges or allegation of
30 delinquency;
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1 (B) restitution will be ordered exceeding
2 $10,000 in value;
3 (C) the property appears to be necessary to
4 satisfy such restitution order; and
5 (D) failure to enter the order will result in
6 the property being destroyed, removed from the
7 jurisdiction of the court or otherwise made
8 unavailable for payment of the anticipated
9 restitution order; and
10 (ii) the need to preserve the availability of the
11 property through the entry of the requested order
12 outweighs the hardship on any party against whom the
13 order is to be entered.
14 (f) Temporary restraining order.--A temporary restraining
15 order under subsection (e) may be entered upon application of
16 the Commonwealth without notice or opportunity for a hearing,
17 whether or not a complaint, information, indictment or petition
18 alleging delinquency has been filed with respect to the
19 property, if the Commonwealth demonstrates that there is
20 probable cause to believe that the property with respect to
21 which the order is sought appears to be necessary to satisfy an
22 anticipated restitution order under this section and that
23 provision of notice will jeopardize the availability of the
24 property to satisfy such restitution order and judgment. Such a
25 temporary order shall expire not more than ten days after the
26 date on which it is entered, unless extended for good cause
27 shown or unless the party against whom it is entered consents to
28 an extension for a longer period. A hearing requested concerning
29 an order entered under this subsection shall be held at the
30 earliest possible time and prior to the expiration of the
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1 temporary order.
2 (g) Costs, etc.--Any sheriff's costs, filing fees and costs
3 of the county probation department, clerk of courts or other
4 appropriate governmental agency shall be borne by the defendant
5 and shall be collected by the county probation department or
6 other appropriate governmental agency along with the total
7 amount of the judgment and remitted to the appropriate agencies
8 at the time of or prior to satisfaction of judgment.
9 (g.1) Payment.--No less than 50% of all moneys collected by
10 the county probation department pursuant to subsection (b)(1)
11 and deducted pursuant to subsection (b)(5) shall, until the
12 satisfaction of the defendant's restitution obligation, be used
13 to pay restitution to victims. Any remaining moneys shall be
14 used to pay fees, costs, fines, penalties and other court-
15 ordered obligations.
16 (h) Effect on contempt proceedings.--This section shall not
17 affect contempt proceedings mandated by 18 Pa.C.S. § 1106(f).
18 Section 2. Title 42 is amended by adding a section to read:
19 § 9764. Information required upon commitment and subsequent
20 disposition.
21 (a) General rule.--Upon commitment of an offender to the
22 custody of the Department of Corrections, the sheriff shall
23 provide to the institution's records officer or duty officer, in
24 addition to the court commitment order, the following
25 information:
26 (1) A copy of the presentence investigation report.
27 Where a presentence investigation report was not ordered by
28 the court, the official version of the crime for which the
29 offender was convicted, or a copy of the guilty plea
30 transcript or preliminary hearing transcript.
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1 (2) The police report summarizing the facts of the
2 crime.
3 (3) The criminal complaint or affidavit of probable
4 cause accompanying the arrest warrant.
5 (4) Record of adjustment in the county correctional
6 facility, including, but not limited to, misconducts and
7 escape history.
8 (5) Any current medical or psychological condition
9 requiring treatment, including, but not limited to, suicide
10 attempts.
11 (6) Any medical admission testing performed by the
12 county and the results of those tests, including, but not
13 limited to, hepatitis, HIV/AIDS, tuberculosis or other
14 infectious disease testing.
15 (7) Notice of current or previously administered
16 medications.
17 (8) A 48-hour supply of current medications.
18 (b) Transfer to county facility.--Upon transfer of an inmate
19 from a State correctional institution to a county correctional
20 facility, the Department of Corrections shall provide to the
21 county facility the record of the inmate's institutional
22 adjustment, including, but not limited to, misconducts and/or
23 escape history; written notice of any current medical or
24 psychological condition requiring treatment, including, but not
25 limited to, suicide attempts, notice of current or previously
26 ordered medication and a 48-hour supply of current medication.
27 (c) Release by Department of Corrections.--Prior to the
28 release of an inmate from the Department of Corrections to State
29 parole supervision, the Department of Corrections shall provide
30 to the Board of Probation and Parole the information contained
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1 in subsection (a)(1) thru (5).
2 (d) Release from county correctional facility to State
3 parole.--Prior to the release of an inmate from a county
4 correctional facility to State parole supervision, the facility
5 shall provide to the Board of Probation and Parole the
6 information contained in subsection (a).
7 (e) Release from county correctional facility to county
8 parole.--Prior to the release of an inmate from a county
9 correctional facility to county parole supervision, the facility
10 shall provide to the county probation department the information
11 contained in subsection (a).
12 (f) Record of inmate moneys.--Prior to the release of an
13 inmate from the Department of Corrections to State parole
14 supervision, the department shall provide to the Board of
15 Probation and Parole a record of any moneys paid by the inmate
16 and any balance remaining towards satisfaction of restitution or
17 any other court-ordered financial obligations. Prior to the
18 release of an inmate from a county correctional facility to
19 State parole supervision, the county correctional facility shall
20 provide to the Board of Probation and Parole a record of any
21 moneys paid by the inmate and any balance remaining towards the
22 satisfaction or restitution or any other court-ordered financial
23 obligations. Prior to the release of an inmate from a county
24 correctional facility to county parole supervision, the prison
25 shall provide to the county probation department a record of any
26 moneys paid by the inmate and any remaining balance towards the
27 satisfaction of restitution and any other court-ordered
28 financial obligations.
29 (g) Continuing payments.--The Board of Probation and Parole
30 and the county probation department shall require as a condition
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1 of parole that any inmate released to their supervision shall
2 make continuing payments on restitution or any other court-
3 ordered financial obligations.
4 (h) Release after maximum sentence.--Upon release of an
5 inmate from the Department of Corrections at the expiration of
6 his maximum sentence, the Department of Corrections shall
7 transmit to the probation department of the county in which the
8 inmate was convicted a record of any moneys paid by the inmate
9 and any outstanding amounts owed by the inmate towards
10 satisfaction of restitution or any other court-ordered financial
11 obligations.
12 (i) Policy and procedures.--The Department of Corrections
13 and the Board of Probation and Parole shall develop policies and
14 procedures to implement the provisions of this section.
15 Section 3. This act shall take effect in 120 days.
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