2049 Administrative order establishing uniform costs for A.R.D. and convictions in driving under the influence cases; and providing for parole in certain cases; no. 2289 M-2001

LEHIGH COUNTY

Administrative Order Establishing Uniform Costs for A.R.D. and Convictions in Driving under the Influence Cases; and Providing for Parole in Certain Cases; No. 2289 M-2001

[31 Pa.B. 6278]

Order

   And Now, this 22nd day of October, 2001, the following Administrative Order establishing uniform costs in driving under the influence cases and providing for parole upon service of certain mandatory minimum sentences in such cases is promulgated effective as to all cases in which the sentence is imposed or the cost incurred thirty (30) days or more after publication of this Order in the Pennsylvania Bulletin. Seven (7) certified copies shall be filed with the Administrative Office of Pennsylvania Courts; that two (2) certified copies shall be filed with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin; that one (1) certified copy shall be filed with the Criminal Procedural Rules Committee; and that one (1) copy shall be filed with the Clerk of Courts of the Court of Common Pleas of Lehigh County.

I.  UNIFORM COSTS

   A.  In accordance with 75 Pa.C.S.§ 1548, every person convicted of violating § 3731 of the Vehicle Code, (relating to the driving under the influence of alcohol or a controlled substance) and every person accepting Accelerated Rehabilitative Disposition for said offense shall:

   1.  Undergo a Court Reporting Network evaluation and pay a fee of Fifty dollars ($50.00) for this evaluation. Second and subsequent offenders shall undergo this evaluation and pay the fee of Fifty dollars prior to sentencing.

   2.  Attend and successfully complete an approved Alcohol Highway Safety School as directed by the Court and pay a tuition fee to the County of Lehigh in the sum of $300.00 for the first offender school, and $420.00 for the second or subsequent offender school. Every such second or subsequent offender shall also be required to attend a presentation by a Victim Impact Panel and shall pay a fee in the sum of $35.00 to the County of Lehigh to defray the costs of the program.

   B.  Every person convicted of violating § 3731 of the Vehicle Code, (relating to the driving under the influence of alcohol or a controlled substance) and every person accepting Accelerated Rehabilitative for said offense shall pay a fee of $130.00, which fee shall be assessed as court costs. This fee shall be in addition to all other authorized costs and supervision fees and shall be for the purposes of reimbursement for the costs of processing, booking and testing at the DUI Center. The funds so collected shall be paid into the general fund of the County of Lehigh, but separately identified in the County's records so that the amounts collected during any given period can be readily determined.

   C.  Every person who is sentenced to serve part or all of his or her sentence for this offense on electronic monitoring (house arrest) shall pay a fee of $5.00 per day to defray the costs of that program.

   D.  Any person required to place an ignition interlock device on his or her vehicle shall pay the monthly cost of such device to the provider of same. Prices charged by the provider shall be pre-approved by the Chief Adult Probation Officer and the Administrative Judge of Criminal Court and shall be consistent with the prices for such devices generally in effect. Any increases therein shall take effect only after such increases have been approved by the Chief Adult Probation Officer and the Administrative Judge of Criminal Court; but shall not require any amendment to this Administrative Order.

   E.  In accordance with the Act of November 24, 1998, P. L. 111, § 1102(a), 18 P. S. § 1102(a), every person placed on probation, parole, accelerated rehabilitative disposition, probation without verdict, or intermediate punishment, for this offense, shall pay, in addition to the costs of prosecution, fines and restitution, and other costs herein established, a monthly supervision fee of $25.00.

   These fees shall be in addition to any other costs or restitution imposed.

II.  PAROLE UPON MINIMUM

   Any defendant sentenced to serve a mandatory minimum term of imprisonment of not less than forty-eight (48) hours pursuant to 75 P. S. § 3731(e)(1)(i) shall be paroled immediately upon serving that minimum sentence, unless otherwise ordered by the sentencing court. The Warden of Lehigh County Prison is hereby authorized and directed to release any such defendant pursuant to this administrative order without further action or order of court.

   Any defendant sentenced to serve a mandatory minimum term of imprisonment of not less than thirty (30) days pursuant to 75 P. S. § 3731 (e)(1)(ii) shall be paroled immediately upon serving that minimum sentence, unless otherwise ordered by the sentencing court. The Warden of Lehigh County Prison is hereby authorized and directed to release any such defendant pursuant to this administrative order without further action or order of court.

By the Court

JAMES KNOLL GARDNER,   
President Judge

[Pa.B. Doc. No. 01-2049. Filed for public inspection November 16, 2001, 9:00 a.m.]