PRIOR PRINTER'S NO. 2167 PRINTER'S NO. 2466
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,
JOSEPHS, STEELMAN, SEYFERT, McNAUGHTON, CALTAGIRONE, ROBERTS,
RAMOS, THOMAS AND YOUNGBLOOD, SEPTEMBER 3, 1997
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 21, 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 AND 9730.1 of Title 42 <--
8 of the 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).
1 (2) For support.
2 (3) For board for four weeks or less.
3 (3.1) For damages awarded to a judgment creditor-
4 landlord arising out of a residential lease upon which the
5 court has rendered judgment which is final. However, the
6 amount subject to attachment shall have deducted from it any
7 security deposit held by the judgment creditor-landlord and
8 forfeited by the judgment debtor-tenant under section 511.1
9 of the act of April 6, 1951 (P.L.69, No.20), known as The
10 Landlord and Tenant Act of 1951, unless the security deposit
11 has been applied to payment of rent due on the same premises
12 for which the judgment for attachment has been entered. The
13 judgment creditor-landlord shall have the burden of proving
14 that such security deposit has been applied to payment of
15 rent due on the premises herein described. The sum attached
16 shall be no more than 10% of the net wages per pay period of
17 the judgment debtor-tenant or a sum not to place the debtor's
18 net income below the poverty income guidelines as provided
19 annually by the Federal Office of Management and Budget,
20 whichever is less. For the purposes of this paragraph, "net
21 wages" shall mean all wages paid less only the following
22 items:
23 (i) Federal, State and local income taxes.
24 (ii) F.I.C.A. payments and nonvoluntary retirement
25 payments.
26 (iii) Union dues.
27 (iv) Health insurance premiums.
28 (3.2) In the case of wage attachment for damages arising
29 out of a residential lease, to implement the wage attachment,
30 the judgment creditor-landlord shall comply with the
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1 Pennsylvania Rules of Civil Procedure and any applicable
2 local rules. The judgment of the district justice, magistrate
3 or any other court having jurisdiction over landlord and
4 tenant matters or a judgment before the court of common pleas
5 shall reflect that portion of the judgment which is for
6 damages arising out of a residential lease.
7 (4) Under the act of August 7, 1963 (P.L.549, No.290),
8 referred to as the Pennsylvania Higher Education Assistance
9 Agency Act.
10 (5) For restitution to crime victims, costs, fines or
11 bail judgments pursuant to an order entered by a court in a
12 criminal proceeding.
13 * * *
14 § 9728. Collection of restitution, reparation, fees, costs,
15 fines and penalties.
16 (a) General rule.--[All] Except as provided in subsection <--
17 (A) GENERAL RULE.--[ALL] <--
18 (1) EXCEPT AS PROVIDED IN SUBSECTION (b)(5), all
19 restitution, reparation, fees, costs, fines and penalties
20 shall be [collectible] collected by the county probation
21 department OR AN AGENT DESIGNATED BY THE PRESIDENT JUDGE OF <--
22 THE COUNTY FOR THAT PURPOSE in any manner provided by law.
23 However, such restitution, reparation, fees, costs, fines and
24 penalties are part of a criminal action or proceeding and
25 shall not be deemed debts. A sentence, pretrial disposition
26 order or order entered under section 6352 (relating to
27 disposition of delinquent child) for restitution, reparation,
28 fees, costs, fines or penalties shall, together with interest
29 and any additional costs that may accrue, be a judgment in
30 favor of the probation department upon the person or the
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1 property of the person sentenced or subject to the order.
2 (2) IN ACCORDANCE WITH SECTION 9730.1 (RELATING TO <--
3 COLLECTION OF COURT COSTS, RESTITUTION AND FINES BY PRIVATE
4 COLLECTION AGENCY), THE COLLECTION OF RESTITUTION,
5 REPARATION, FEES, COSTS, FINES AND PENALTIES UNDER THIS
6 SECTION MAY BE REFERRED TO A PRIVATE COLLECTION AGENCY.
7 STATISTICAL INFORMATION RELATING TO THE AMOUNT OF RESTITUTION
8 COLLECTED BY THE COUNTY PROBATION DEPARTMENT OR ANY AGENT
9 DESIGNATED BY THE PRESIDENT JUDGE OF THE COUNTY SHALL BE MADE
10 AVAILABLE TO THE PENNSYLVANIA COMMISSION ON CRIME AND
11 DELINQUENCY ON AN ANNUAL BASIS.
12 (b) Procedure.--
13 (1) The county clerk of courts shall, upon sentencing,
14 pretrial disposition or other order, transmit to the
15 prothonotary [of the respective county] and the department of
16 probation of the respective county OR AN AGENT DESIGNATED BY <--
17 THE PRESIDENT JUDGE OF THE COUNTY and to the county
18 correctional facility to which the offender has been
19 sentenced or to the Department of Corrections, whichever is
20 appropriate, certified copies of all judgments for
21 restitution and amendments or alterations thereto,
22 reparation, fees, costs, fines and penalties which, in the
23 aggregate, exceed $1,000, and it shall be the duty of each
24 prothonotary to enter and docket the same of record in his
25 office and to index the same as judgments are indexed,
26 without requiring the payment of costs as a condition
27 precedent to the entry thereof.
28 (2) The clerk of courts, in consultation with other
29 appropriate governmental agencies, may transmit to the
30 prothonotary of the respective county, but shall transmit to
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1 the department of probation of the respective county OR AN <--
2 AGENT DESIGNATED BY THE PRESIDENT JUDGE OF THE COUNTY and to
3 the county correctional facility to which the offender has
4 been sentenced or to the Department of Corrections, whichever
5 is 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, do not exceed $1,000, and, if so transmitted, it
9 shall be the duty of each prothonotary to enter and docket
10 the same of record in his office and to index the same as
11 judgments are indexed, without requiring the payment of costs
12 as a condition precedent to the entry thereof.
13 (3) On a monthly basis, the prothonotary, or other
14 office or person designated to enter and docket judgments for
15 restitution and amendments or alterations thereto,
16 reparation, fees, costs, fines and penalties, shall transmit
17 to the department of probation of the respective county OR AN <--
18 AGENT DESIGNATED BY THE PRESIDENT JUDGE OF THE COUNTY, the
19 county correctional facility to which the offender has been
20 sentenced or to the Department of Corrections a record of the
21 amount of outstanding restitution and any other court-ordered
22 obligation owed by any defendant.
23 (4) The total amount for which the person is liable
24 pursuant to this section may be entered as a judgment upon
25 the person or the property of the person sentenced or
26 ordered, regardless of whether the amount has been ordered to
27 be paid in installments.
28 (5) The county correctional facility to which the
29 offender has been sentenced or the Department of Corrections
30 shall be authorized to make monetary deductions from inmate
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1 personal accounts for the purpose of collecting restitution
2 or any other court-ordered obligation. Any amount deducted
3 shall be transmitted by the Department of Corrections or the
4 county correctional facility to the probation department of
5 the county in which the offender was convicted. A record of <--
6 each deduction shall be transmitted by the Department of
7 Corrections or the county correctional facility to the
8 prothonotary of the respective county. The Department of
9 Corrections shall develop guidelines to effectuate this
10 paragraph. OR AN AGENT DESIGNATED BY THE PRESIDENT JUDGE OF <--
11 THE COUNTY IN WHICH THE OFFENDER WAS CONVICTED. A RECORD OF
12 EACH DEDUCTION RECEIVED FROM THE DEPARTMENT OF CORRECTIONS OR
13 THE COUNTY CORRECTIONAL FACILITY AND A RECORD OF ANY AMOUNTS
14 OF RESTITUTION COLLECTED BY THE COUNTY PROBATION DEPARTMENT
15 OR AN AGENT DESIGNATED BY THE PRESIDENT JUDGE OF THE COUNTY
16 SHALL BE TRANSMITTED BY THE PROBATION DEPARTMENT OR THE AGENT
17 DESIGNATED BY THE PRESIDENT JUDGE OF THE COUNTY TO THE
18 PROTHONOTARY, OR OTHER OFFICE OR PERSON DESIGNATED TO ENTER
19 AND DOCKET JUDGMENTS FOR RESTITUTION AND AMENDMENTS OR
20 ALTERATIONS THERETO, REPARATION, FEES, COSTS, FINES AND
21 PENALTIES OF THE RESPECTIVE COUNTY. THE DEPARTMENT OF
22 CORRECTIONS SHALL DEVELOP GUIDELINES RELATING TO ITS
23 RESPONSIBILITIES UNDER THIS 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 OR AN AGENT DESIGNATED BY <--
27 THE PRESIDENT JUDGE OF THE COUNTY shall open a restitution file
28 for the purposes of recording the amounts of restitution
29 deducted by the DEPARTMENT OF CORRECTIONS OR COUNTY correctional <--
30 facility or collected by the department of probation OR THE <--
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1 AGENT DESIGNATED BY THE PRESIDENT JUDGE OF THE COUNTY.
2 (c) Period of time.--Notwithstanding section 6353 (relating
3 to limitation on and change in place of commitment) or 18
4 Pa.C.S. § 1106(c)(2) (relating to restitution for injuries to
5 person or property), the period of time during which such
6 judgments shall have full effect may exceed the maximum term of
7 imprisonment to which the offender could have been sentenced for
8 the crimes of which he was convicted or the maximum term of
9 confinement to which the offender was committed.
10 (d) Priority.--Notwithstanding any other statutory
11 provisions in this or any other title, any lien obtained under
12 this section shall maintain its priority indefinitely and no
13 writ of revival need be filed.
14 (e) Preservation of assets subject to restitution.--Upon
15 application of the Commonwealth, the court may enter a
16 restraining order or injunction, require the execution of a
17 satisfactory performance bond or take any other action to
18 preserve the availability of property which may be necessary to
19 satisfy an anticipated restitution order under this section:
20 (1) upon the filing of a criminal complaint, information
21 or indictment charging a criminal violation or a petition
22 alleging delinquency for which restitution may be ordered and
23 alleging that the property with respect to which the order is
24 sought appears to be necessary to satisfy such restitution
25 order and judgment; and
26 (2) if, after notice to persons appearing to have an
27 interest in the property and an opportunity for a hearing,
28 the court determines that:
29 (i) there is a substantial probability that:
30 (A) the Commonwealth will prevail on the
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1 underlying criminal charges or allegation of
2 delinquency;
3 (B) restitution will be ordered exceeding
4 $10,000 in value;
5 (C) the property appears to be necessary to
6 satisfy such restitution order; and
7 (D) failure to enter the order will result in
8 the property being destroyed, removed from the
9 jurisdiction of the court or otherwise made
10 unavailable for payment of the anticipated
11 restitution order; and
12 (ii) the need to preserve the availability of the
13 property through the entry of the requested order
14 outweighs the hardship on any party against whom the
15 order is to be entered.
16 (f) Temporary restraining order.--A temporary restraining
17 order under subsection (e) may be entered upon application of
18 the Commonwealth without notice or opportunity for a hearing,
19 whether or not a complaint, information, indictment or petition
20 alleging delinquency has been filed with respect to the
21 property, if the Commonwealth demonstrates that there is
22 probable cause to believe that the property with respect to
23 which the order is sought appears to be necessary to satisfy an
24 anticipated restitution order under this section and that
25 provision of notice will jeopardize the availability of the
26 property to satisfy such restitution order and judgment. Such a
27 temporary order shall expire not more than ten days after the
28 date on which it is entered, unless extended for good cause
29 shown or unless the party against whom it is entered consents to
30 an extension for a longer period. A hearing requested concerning
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1 an order entered under this subsection shall be held at the
2 earliest possible time and prior to the expiration of the
3 temporary order.
4 (g) Costs, etc.--Any sheriff's costs, filing fees and costs
5 of the county probation department, clerk of courts or other
6 appropriate governmental agency, INCLUDING ANY REASONABLE <--
7 ADMINISTRATIVE COSTS ASSOCIATED WITH THE COLLECTION OF
8 RESTITUTION shall be borne by the defendant and shall be
9 collected by the county probation department or other
10 appropriate governmental agency along with the total amount of
11 the judgment and remitted to the appropriate agencies at the
12 time of or prior to satisfaction of judgment.
13 (g.1) Payment.--No less than 50% of all moneys collected by
14 the county probation department OR AN AGENT DESIGNATED BY THE <--
15 PRESIDENT JUDGE OF THE COUNTY pursuant to subsection (b)(1) and
16 deducted pursuant to subsection (b)(5) shall, until the
17 satisfaction of the defendant's restitution obligation, be used
18 to pay restitution to victims. Any remaining moneys shall be
19 used to pay fees, costs, fines, penalties and other court-
20 ordered obligations.
21 (h) Effect on contempt proceedings.--This section shall not
22 affect contempt proceedings mandated by 18 Pa.C.S. § 1106(f).
23 § 9730.1. COLLECTION OF COURT COSTS, RESTITUTION AND FINES BY <--
24 PRIVATE COLLECTION AGENCY.
25 (A) GENERALLY.--IN ACCORDANCE WITH SECTION 9730(B)(1) AND
26 (2) (RELATING TO PAYMENT OF COURT COSTS, RESTITUTION AND FINES),
27 AN ISSUING AUTHORITY MAY REFER THE COLLECTION OF COSTS, FINES
28 AND RESTITUTION OF A DEFENDANT TO A PRIVATE COLLECTION AGENCY
29 [UPON THE EXPIRATION OF A] WHETHER OR NOT THE DEFENDANT'S
30 MAXIMUM SENTENCE OR PROBATIONARY TERM HAS EXPIRED WITH OR
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1 WITHOUT HOLDING A HEARING PURSUANT TO THIS SECTION. SUCH
2 COLLECTION AGENCY SHALL ADHERE TO ACCEPTED PRACTICES IN
3 ACCORDANCE WITH APPLICABLE FEDERAL AND STATE LAW TO COLLECT SUCH
4 COSTS, FINES AND RESTITUTION.
5 * * *
6 Section 2. Title 42 is amended by adding a section to read:
7 § 9764. Information required upon commitment and subsequent
8 disposition.
9 (a) General rule.--Upon commitment of an offender to the
10 custody of the Department of Corrections, the sheriff shall
11 provide to the institution's records officer or duty officer, in
12 addition to the court commitment order, the following
13 information UNLESS THE DEPARTMENT, PRIOR TO THE TIME OF <--
14 COMMITMENT, AGREES TO ACCEPT THE OFFENDER WITHOUT THE
15 INFORMATION:
16 (1) A copy of the presentence investigation report.
17 Where a presentence investigation report was not ordered by
18 the court, the official version of the crime for which the
19 offender was convicted, or a copy of the guilty plea
20 transcript or preliminary hearing transcript.
21 (2) The police report summarizing the facts of the
22 crime.
23 (3) The criminal complaint or affidavit of probable
24 cause accompanying the arrest warrant.
25 (4) Record of adjustment in the county correctional
26 facility, including, but not limited to, misconducts and
27 escape history.
28 (5) Any current medical or psychological condition
29 requiring treatment, including, but not limited to, suicide
30 attempts.
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1 (6) Any medical admission testing performed by the
2 county and the results of those tests, including, but not
3 limited to, hepatitis, HIV/AIDS, tuberculosis or other
4 infectious disease testing. ANY RELEASE OF MEDICAL <--
5 INFORMATION RELATING TO HIV/AIDS SHALL BE IN ACCORDANCE WITH
6 THE ACT OF NOVEMBER 29, 1990 (P.L.585, NO.148), KNOWN AS THE
7 CONFIDENTIALITY OF HIV-RELATED INFORMATION ACT.
8 (7) Notice of current or previously administered
9 medications.
10 (8) A 48-hour supply of current medications.
11 (9) A COPY OF THE GUIDELINE SENTENCE FORM ISSUED BY THE <--
12 PENNSYLVANIA COMMISSION ON SENTENCING.
13 (b) Transfer to county facility.--Upon transfer of an inmate
14 from a State correctional institution to a county correctional
15 facility, the Department of Corrections shall provide to the
16 county facility, UNLESS THE FACILITY, PRIOR TO THE TIME OF <--
17 TRANSFER, AGREES TO ACCEPT THE INMATE WITHOUT THE INFORMATION,
18 the record of the inmate's institutional adjustment, including,
19 but not limited to, misconducts and/or escape history; written
20 notice of any current medical or psychological condition
21 requiring treatment, including, but not limited to, suicide
22 attempts, notice of current or previously ordered medication and
23 a 48-hour supply of current medication.
24 (c) Release by Department of Corrections.--Prior to the
25 release of an inmate from the Department of Corrections to State
26 parole supervision, the Department of Corrections shall provide
27 to the Board of Probation and Parole the information contained
28 in subsection (a)(1) through (5) AND (9). <--
29 (d) Release from county correctional facility to State
30 parole.--Prior to the release of an inmate from a county
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1 correctional facility to State parole supervision, the facility
2 shall provide to the Board of Probation and Parole the
3 information contained in subsection (a).
4 (e) Release from county correctional facility to county
5 parole.--Prior to the release of an inmate from a county
6 correctional facility to county parole supervision, the facility
7 shall provide to the county probation department the information
8 contained in subsection (a).
9 (f) Record of inmate moneys.--Prior to the release of an
10 inmate from the Department of Corrections to State parole
11 supervision, the department shall provide to the Board of
12 Probation and Parole a record of any moneys paid by the inmate
13 and any balance remaining towards satisfaction of restitution or
14 any other court-ordered financial obligations. Prior to the
15 release of an inmate from a county correctional facility to
16 State parole supervision, the county correctional facility shall
17 provide to the Board of Probation and Parole a record of any
18 moneys paid by the inmate and any balance remaining towards the
19 satisfaction or OF restitution or any other court-ordered <--
20 financial obligations. Prior to the release of an inmate from a
21 county correctional facility to county parole supervision, the
22 prison FACILITY shall provide to the county probation department <--
23 OR AN AGENT DESIGNATED BY THE PRESIDENT JUDGE OF THE COUNTY a <--
24 record of any moneys paid by the inmate and any remaining
25 balance towards the satisfaction of restitution and any other
26 court-ordered financial obligations.
27 (g) Continuing payments.--The Board of Probation and Parole
28 and the county probation department shall require as a condition <--
29 of parole that any inmate released to their supervision shall
30 make continuing payments on restitution or any other court-
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1 ordered financial obligations. THE SENTENCING COURT SHALL <--
2 REQUIRE AS A CONDITION OF COUNTY PAROLE THAT ANY INMATE RELEASED
3 TO THE SUPERVISION OF THE COUNTY PROBATION DEPARTMENT SHALL MAKE
4 CONTINUING PAYMENTS OF RESTITUTION OR ANY OTHER COURT-ORDERED
5 FINANCIAL OBLIGATIONS.
6 (h) Release after maximum sentence.--Upon release of an
7 inmate from the Department of Corrections at the expiration of
8 his maximum sentence, the Department of Corrections shall
9 transmit to the probation department COUNTY PROBATION DEPARTMENT <--
10 OR AN AGENT DESIGNATED BY THE PRESIDENT JUDGE of the county in
11 which the inmate was convicted a record of any moneys paid by
12 the inmate and any outstanding amounts owed by the inmate
13 towards satisfaction of restitution or any other court-ordered
14 financial obligations.
15 (i) Policy and procedures.--The Department of Corrections
16 and the Board of Probation and Parole shall develop policies and
17 procedures to implement the provisions of this section.
18 Section 3. This act shall take effect in 120 days.
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