NORTHAMPTON COUNTY Rules of Criminal Procedure: Bail; Misc 331-96 [26 Pa.B. 6073] Order of Court And Now, this 3rd day of December, 1996, Northampton County Rules of Criminal Procedure N4003.1, N4006.1, N4008.1, N4009.1, N4011.1 and N4015.1 are hereby rescinded effective thirty (30) days after publication of this Order in the Pennsylvania Bulletin.
Northampton County Rules of Criminal Procedure N4006, N4007, N4010, N4011, N4014 and N4015.1 are hereby adopted as follows, effective thirty (30) days after publication in the Pennsylvania Bulletin.
Seven (7) certified copies of the within rules shall be filed with the Administrative Office of Pennsylvania Courts; two (2) certified copies shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin; and one (1) certified copy shall be filed with the Pennsylvania Criminal Procedural Rules Committee. One (1) copy of this rule shall be kept available in the Office of the Clerk of Courts. A copy is directed to be published in the Northampton County Reporter.
By the Court
ROBERT A. FREEDBERG,
President JudgeRule N4006. Release on R.O.R. or Nominal Bail.
If a defendant is released on his own recognizance (R.O.R.) or on nominal bail, the Court or the issuing authority may designate the Northampton County Office of Pretrial Services as surety for the defendant, and the defendant shall then become subject to the rules and regulations of the bail agency.
Rule N4007. Types of Bail.
A. Percentage Cash Bail
(1) A defendant for whom bail has been set or a private third party surety, with the approval of the Court or with the approval of the issuing authority and the recommendation of the Court-designated bail agency, shall execute the bail bond and deposit with the issuing authority or the Clerk of Courts--Criminal a sum of money equal to ten percent (10%) of the amount of bail set, but in no event less than Fifty ($50.00) Dollars. Corporate sureties or professional bail bondsmen or agents thereof are expressly prohibited from posting the deposit for bail as provided in this Rule.
(2) Where the Court or the issuing authority releases a defendant on bail on the percentage cash bail program, the Court-designated bail agency shall be designated surety for the defendant, and the defendant shall then become subject to the rules and regulations of that bail agency.
B. Real Estate
(1) If realty is offered to satisfy the bail set for an individual defendant, the owner shall present justification for such by filing an affidavit containing the following information for such realty:
(a) Owner's name, address and occupation;
(b) A general description of the real estate which is offered as surety, including location;
(c) A statement of the manner in which title was obtained;
(d) A statement of all encumbrances, including taxes, and estimated amounts required to satisfy said encumbrances;
(e) A statement of any and all other surety undertakings; and
(f) A statement of the fair market value of any realty offered as surety and the assessed valuation of any realty offered as surety and located in Northampton County.
(2) Upon review of the affidavit, the Clerk of Court--Criminal Division shall deduct from the fair market value the amount of any encumbrance, lien, judgment, mortgage or obligation of record to determine the net value of the realty. Realty shall only be accepted as consideration for bail if the net value is at least equal to the amount of the bail required.
(3) Realty shall be used as bail pursuant to this section only if it has not been posted or is not presently being used for bail for any other charges or defendants, unless permitted by court order.
Rule N4010. Designation of Local Bail Agency.
(a) The Northampton County Office of Pretrail Services is designated to have the duties and powers of a bail agency as set forth in Rule 4010 of the Pennsylvania Rules of Criminal Procedure.
(b) Whenever a defendant has failed to comply with the rules and regulations of the bail bond or of the bail agency or any additional conditions of his release, he may be brought before the Court to determine if additional bail shall be set in his case, or bail revoked.
Rule N4011. Qualifications of Surety and Bail Bondsmen.
(a) Surety companies, fidelity companies and bondsmen are not qualified to act as sureties in Northampton County except as otherwise provided for in these rules.
(b) The Clerk of Courts--Criminal shall compile, maintain, and make available for public inspection a list of approved surety companies, fidelity companies, and professional bondsmen qualified to act as sureties in Northampton County (hereinafter ''the approved list'').
(c) A professional bondsman, as defined in 42 Pa.C.S.A. § 5741, may not be included on the approved list unless he:
(1) presents proof of currently valid registration and licensure by the Insurance Department of the Commonwealth of Pennsylvania, pursuant to 42 Pa.C.S.A. § 5742;
(2) presents proof that he maintains an office in Northampton County from which he conducts his business, pursuant to 42 Pa.C.S.A. § 5744; and
(3) posts and maintains as security with the Clerk of Courts--Criminal the sum of Twenty-five Thousand ($25,000.00) Dollars in United States currency.
(d) Any fidelity or surety company authorized to act as surety within this Commonwealth may not be included on the approved list unless the company:
(1) presents proof of currently valid registration and licensure by the Insurance Department of the Commonwealth of Pennsylvania pursuant to 40 P. S. §§ 831 et seq.;
(2) files with the District Attorney, and with the Clerk of Courts--Criminal for the last calendar quarter ending before the date of the application, a report of the type required to be filed quarterly, pursuant to 42 Pa.C.S.A. § 5747; and
(3) posts and maintains as security with the Clerk of Courts--Criminal the sum of Twenty-five Thousand ($25,000.00) Dollars in United States currency.
(e) A professional bondsman or surety company wishing to be placed on the approved list must file information required by Rules N4007.101(c) and N4007.101(d) with the Clerk of Courts--Criminal. Upon finding of compliance of the applicant with these rules and all applicable laws, the Clerk of Courts--Criminal shall place the name of the applicant on the approved list.
(f) Upon order of the Court of Common Pleas of Northampton County, after hearing held on not less than ten (10) days notice to the bondsman or fidelity or surety company, the Clerk of Courts--Criminal shall remove the name of the bondsman or company from the approved list. Grounds for suspension or revocation shall include, in the discretion of the Court:
(1) failure of the bondsman or fidelity or surety company to comply with the requirement of these rules;
(2) failure of the bondsman or fidelity or surety company to pay any forfeited bail bond within six (6) months of the forfeiture or file a petition to reinstate said bail bond within the six-month period;
(3) suspension of the license of a bondsman by a Court of Common Pleas elsewhere in the Commonwealth of Pennsylvania for reasons other than failure to maintain an office in the county in which he was suspended;
(4) suspension of the license of a fidelity or surety company by the Insurance Department of the Commonwealth of Pennsylvania;
(5) non-compliance by a fidelity or surety company with the requirements of 42 Pa.C.S.A. § 5747;
(6) non-compliance by a bondsman with the requirements of 42 Pa.C.S.A. § 5746(b).
(g) Whenever bail has been forfeited with respect to a defendant for whom bail has been posted by a professional bondsman or surety company or fidelity company, the amount of said forfeited bail shall, pursuant to Pa.R.Crim.P. 4016, be deducted and withdrawn by the Clerk of Courts--Criminal from the security posted by the said bondsman or company pursuant to these rules. Within ten (10) days after notice to the bondsman or company of such withdrawal by the Clerk of Courts--Criminal, the said bondsman or company shall replenish the posted security to maintain Twenty-five Thousand ($25,000.00) Dollars as security. Failure, after such notice, so to replenish the security shall (1) require notice by the Clerk of Courts--Criminal of such failure to the District Attorney, and (2) be grounds for removal of the name of the bondsman or fidelity or surety company from the approved list.
(h) The Clerk of Courts--Criminal may make additions to or deletions from the approved list at any time. When there is an addition to or deletion from the list, the Clerk of Courts--Criminal shall distribute copies of the list to the District Attorney of Northampton County, Public Defender of Northampton County, Bail Agency, Warden, and to the Court Administrator, who shall distribute the list to all sitting Judges and District Justices of the Third Judicial District. An updated list shall be distributed at least once every twelve months, notwithstanding the absence of any additions or deletions from the list.
(i) No person or office may accept bail from a bondsman, a fidelity company or a surety company that is not included on the current approved list.
Rule N4014. Duration of Obligation--Termination of Case.
In cases where a defendant has been sentenced to a term of imprisonment, commencement of which sentence has been deferred, full and final disposition of the case shall not be deemed to occur prior to defendant's surrender to authorities for commencement of the sentence of imprisonment.
Rule N4015.1. Return of Deposits; Charges.
(a) Upon full and final disposition of the case, the issuing authority or the Clerk of Courts--Criminal shall retain twenty per cent (20%) of the amount deposited, but in no event less than Fifty ($50.00) Dollars as administrative costs for the percentage cash bail program and shall return the balance to the defendant or the third party surety unless the balance is applied to pay a fine and costs of prosecution or to make restitution. The moneys retained shall be considered as earned at the time the bail undertaking is executed and the money is deposited by the defendant or the third party surety.
(b) If the Court, upon sentence, orders the defendant to pay a fine and costs of prosecution or to make restitution, the amount deposited by the defendant under the percentage cash bail program shall be first applied to the administrative costs as aforesaid or for general county use and then to the fine, costs, and restitution as ordered.
(c) Where a third party surety has deposited money under the percentage cash bail program or otherwise, the moneys deposited shall be first applied to the administrative costs as aforesaid. With the voluntary written authorization of the person who deposited the bail, any balance shall then be applied to the fine, costs, and restitution ordered by the Court.
(d) Upon authorization in writing of the defendant and the third party surety who posted the deposit, whatever balance of such deposit is repayable to the defendant or the third party surety may be paid to the defendant's attorney of record upon filing such written authorization with the Clerk of Courts--Criminal.
(e) When a defendant or a third party surety has deposited a sum of money under the percentage cash bail program, then upon full and final disposition of the case, the deposit less the administrative costs and any amount applied to payment of fine, costs, and restitution as set forth above, shall be returned to the person who originally posted the deposit. Notice of the full and final disposition shall be sent by the Clerk of Courts--Criminal to the person who originally posted money at his address of record. Any money not claimed within one hundred eighty (180) days from the time of full and final disposi-tion of the case shall be deemed as fees and shall be forfeited to the use of the County of Northampton.
[Pa.B. Doc. No. 96-2136. Filed for public inspection December 20, 1996, 9:00 a.m.]
