629 Administrative order; No. AD-1-2016  

  • Title 255—LOCAL
    COURT RULES

    FAYETTE COUNTY

    Administrative Order; No. AD-1-2016

    [46 Pa.B. 1896]
    [Saturday, April 16, 2016]

    Administrative Order

    And Now, this 28th day of March, 2016, it is hereby Ordered that the Administrative Order for Magisterial District Judges to sentence to Intermediate Punishment is adopted as follows.

     The Prothonotary is directed as follows:

     (1) File one (1) certified copies of the order and program shall be filed with the Administrative Office of Pennsylvania Courts

     (2) Two certified copies and diskette of the order and program shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

     (3) Publish a copy of the local rule on the Unified Judicial System's website

     (4) One certified copy shall be sent to the Fayette County Law Library and the Editor of the Fayette Legal Journal.

     The adoption of the Administrative Order for Magisterial District Judges to sentence to Intermediate Punishment shall become effective thirty (30) days after publication in the Pennsylvania Bulletin.

    By the Court

    JOHN F. WAGER, Jr., 
    President Judge

    Approval for Magisterial District Judges to Sentence Offenders to Intermediate Punishment; No. AD-1-of 2016

    Administrative Order

    And Now, this 28th day of March, 2016, it is hereby Ordered that, pursuant to Act 41 of 2000, the Magisterial District Judges of Fayette County are approved to sentence, at their discretion, offenders who are convicted of a violation of 75 Pa.C.S.A. § 1543(a) (Driving While Operating Privilege is Suspended or Revoked) and 75 Pa.C.S.A. § 1543(b) (Driving While Operating Privilege is Suspended or Revoked—DUI Related) to Intermediate Punishment for the applicable mandatory period.

     All court costs and fines, shall be collected and disbursed by the Magisterial District Judges. The Electronic Monitoring fee and the Offender Supervision Fee shall be collected by the Fayette County Adult Probation and Parole Department.

     The Magisterial District Judges of Fayette County are further authorized and approved to revoke an offender's participation in the Intermediate Punishment Program upon motion by the Fayette County Adult Probation Office and after hearing. Upon revocation of an offender's participation in the Intermediate Punishment Program the Magisterial District Judge shall have the authority to resentence and shall have the discretion to credit the offender for time served while on Intermediate Punishment with electronic monitoring.

     The effective date of this Order is to be 30 days after publication.

    By the Court

    JOHN F. WAGNER, Jr., 
    President Judge

    Americans with Disabilities Act of 1990

     The Court of Common Pleas of Fayette County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals, please contact the Court Administrator's Office at 724/430-1230 or TTY 724/430-3939 at least 72 hours prior to your required appearance.

    [Pa.B. Doc. No. 16-629. Filed for public inspection April 15, 2016, 9:00 a.m.]

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