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TITLE 42. JUDICIARY AND JUDICIAL PROCEDURE
PART IV. FINANCIAL MATTERS
CHAPTER 35. Budget and Finance
General Principles
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, and any
other entity on behalf of the Court using the Common Pleas Criminal Court Case
Management System (CPCMS).
These regulations, as amended, are effective immediately.
I.
Schedule for Standard Distribution of Funds Collected by the Criminal Division of the
Courts of Common Pleas, Philadelphia Municipal Court, and any other entity on
behalf of the Court Using the Common Pleas Criminal Court Case Management
System (CPCMS).
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 and any other entity on behalf of the
Court using the CPCMS shall be distributed in the following prioritized order:
1.
2.
3.
The collection agency fee provided for in 42 Pa.C.S. Section 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.
The Crime Victim Compensation Fund and Victim Witness Services
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.
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)-(D):
i.
the victim;
4.
5.
ii.
iii.
iv.
the Crime Victim’s Compensation Board;
any other governmental agency which has provided
reimbursement to the victim as a result of the defendant’s
criminal conduct;
any insurance company which has provided reimbursement to
the victim as a result of the defendant’s criminal conduct.
Judicial Computer Project/Access To Justice (JCS/ATJ) Fee (see 42
Pa.C.S. § 3733(a.1)).
Electronic monitoring fees, offender supervision fees (as set forth in 18
P.S. § 11.1102(c)), alcohol highway safety school fees (see 75 Pa.C.S.
§ 1548(b)), service fees (such as sheriff’s fees set forth in 42 P.S. §
21101 et. seq., and constable’s fees set forth in 42 Pa.C.S. § 2950),
transcript fees (see Pa.R.J.A. No. 5000.7), 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
7.
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).
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. § 1725, 42 P.S. §§ 21010,
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 fee, divide the
outstanding balance of the judgment fee ($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 fee, which in this example is $6.00 (.6 x $10.00= $6.00).
B.
Each payment shall be applied to a single case, unless otherwise ordered by
the court.
II.
III.
The county probation department or other agent designated to collect all fines, fees,
costs, reparations, restitution, penalties and other remittances pursuant to 42 Pa.C.S.
§ 9728, shall use the Common Pleas Criminal Court Case Management System
when performing collection related activities.
Nothing in these regulations shall be applicable to the collection and/or distribution of
any filing fee which is authorized by law. Filing fees shall include but not be limited to
the clerk of courts automation fee set forth in 42 Pa.C.S. Section 1725.4(b).