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Current as of January 01, 2022 | Updated by FindLaw Staff
(a) County fund.--The county treasurer of each county shall establish and administer a county offender supervision fund consisting of the fees collected under this section. The county treasurer shall disperse money from this fund only at the discretion of the president judge of the court of common pleas. The money in this fund 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 operational expenses of that department. Money from this fund 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 board with an annual statement which fully reflects all collections deposited into and expenditures from the offender supervision fund for the preceding fiscal year. The board shall promulgate regulations to provide for the permanent administration of this program.
(b) State fund.--There is established a State Offender Supervision Fund to be administered by the board and comprised of the supervision fees collected by the board under this section. The money in this fund shall be used to supplement the Federal or State funds appropriated for the improvement of adult probation services.
(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. Of the fee collected, 50% shall be deposited into the County Offender Supervision Fund established in each county pursuant to this section, and the remaining 50% shall be deposited into the State Offender Supervision Fund established pursuant to this section.
(d) Board.--The board shall impose as a condition of supervision a monthly supervision fee of at least $25 on any offender under the board'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 established under subsection (b).
(e) Continuation.--
(1) For offenders under supervision of a county probation department or the board as of August 14, 1991, 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.
Cite this article: FindLaw.com - Pennsylvania Statutes Title 18 P.S. Crimes and Offenses § 11.1102. Costs for offender supervision programs - last updated January 01, 2022 | https://codes.findlaw.com/pa/title-18-ps-crimes-and-offenses/pa-st-sect-18-11-1102/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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