354 Consolidated rules of court; Som.R.Crim.P. 00.1-2015.552; administrative order No. 1; No. 11 misc. 2015

Title 255—LOCAL
COURT RULES

SOMERSET COUNTY

Consolidated Rules of Court; Som.R.Crim.P. 00.1-2015. 552; Administrative Order No. 1; No. 11 Misc. 2015

[45 Pa.B. 964]
[Saturday, February 28, 2015]

Amended Adopting Order

 Now, this 9th day of February, 2015, it is hereby Ordered:

 1. Som.R.Crim.P. 00.1-2015. 552, a copy of which follows, is hereby amended and adopted as Som.R.Crim.P. 00.1-2015. 552 and is effective thirty (30) days after publication in the Pennsylvania Bulletin and on the Unified Judicial System Portal.

 2. The Somerset County Court Administrator is directed to:

 A. File one (1) certified copy of this Order and the following local Rule with the Administrative Office of Pennsylvania Courts.

 B. Distribute two (2) certified copies of this Order along with electronic copy to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

 C. File one (1) certified copy of this Order with the Pennsylvania Criminal Procedural Rule Committee.

 D. File proof of compliance with this Order in the docket for this Order, which shall include a copy of each transmittal letter.

JOHN M. CASCIO, 
President Judge

Som.R.Crim.P. 00.1-2015. 552. Administrative Processing and Identification.

 (A) In all cases in which a defendant has been charged with an offense graded as a misdemeanor or greater, the defendant shall be required to appear [at the Pennsylvania State Police Barracks, if arrested by a member of the Pennsylvania State Police or, if arrested by an arresting authority other than the Pennsylvania State Police,] at the Somerset County Regional Booking Center (RBC), located in the Somerset County Jail or at such other location designated, in writing, by the President Judge of the Somerset County Court of Common Pleas, for photographing, fingerprinting and processing.

 (B) Pursuant to 18 Pa.C.S.A. § 9112, an arresting authority shall be responsible for taking the fingerprints of persons arrested for misdemeanors, felonies or summary offenses which become misdemeanors on a second arrest after conviction of that summary offense. The [Regional Booking Center] RBC shall serve as the designated fingerprinting and processing site for all arresting authorities in Somerset County. [The State Police Barracks shall serve as the designated fingerprinting site for the Pennsylvania State Police.]

 (C)(1) In cases in which a defendant has been arraigned before a Magisterial District Judge and fails to post bond, the defendant shall be fingerprinted and photographed at the RBC [or the State Police Barracks] prior to his or her commitment at the Somerset County Jail.

 (2) In cases in which a defendant has been arrested during night hours of regular business days between 10 p.m. and 8:30 a.m. prevailing time, or during weekend or holiday hours, unless the charges proceed by summons, the defendant shall be fingerprinted and photographed at the RBC and taken [to an appropriate facility for video arraignment and then taken directly to the RBC or the State Police Barracks for a video arraignment and booking procedure, before being committed if bond is not posted] to and committed at the Somerset County Jail where a video arraignment will be conducted by the on duty Magisterial District Judge at 8:30 A.M.

 (3) In cases of private prosecutions, the defendant may only be fingerprinted and photographed after conviction of a misdemeanor, felony or summary offense which becomes a misdemeanor on a second arrest after conviction of that summary offense. An order shall be issued from the Court of Common Pleas after such conviction directing the Defendant to report to the RBC to be fingerprinted and photographed.

 (4) In cases which proceed by issuance of a summons, the Magisterial District Judge presiding at the scheduled Preliminary Hearing shall order the defendant to submit to the RBC for processing, photographing and fingerprinting within five (5) days following the date of issuance of such order.

 (D) A booking fee of one hundred dollars ($100.00) shall be assessed and collected by the Somerset County Clerk of Courts after sentencing upon conviction of or plea to a misdemeanor or felony offense or acceptance into the Accelerated Rehabilitative Disposition Program.

 (E) This fee will not apply to those Defendants whose cases are dismissed by the Magisterial District Judge, withdrawn or nolle prossed by the Commonwealth or who enter a guilty plea to a summary offense after withdrawal of all other misdemeanor and/or felony charges in the complaint at the time of the preliminary hearing.

 (F) Pursuant to 42 Pa.C.S.A. § 6308(c), law enforcement officers shall have the authority to take or cause to be taken the fingerprints and/or photographs of any juvenile who is alleged to have committed an act designated as a misdemeanor or felony under the laws of the Commonwealth or of another state, if the act occurred in that state, or under federal law. The RBC shall serve as the designated fingerprinting and processing site for those purposes in Somerset County. No processing fee shall be charged to any juvenile.

 [(F)] (G) The RBC shall also serve as a processing center for [all] parties required to be registered and processed under the provisions of 42 Pa.C.S.A. § 9791, et. seq., commonly known as [''Megan's Law''] SORNA pursuant to 42 Pa.C.S.A. § 9795.2(d), if determined by the Pennsylvania State Police to be an ''approved registration site'' pursuant to 42 Pa.C.S.A. § 9799.12.

 CREDIT(S)

 See 42 Pa.C.S.A. § 1725.5, et. seq.

 Adopted October 30, 2008, effective April 1, 2009 and after publication in the Pennsylvania Bulletin.

[Pa.B. Doc. No. 15-354. Filed for public inspection February 27, 2015, 9:00 a.m.]