CUMBERLAND COUNTY Local Rule 456; 96-1335 Civil [46 Pa.B. 3240]
[Saturday, June 25, 2016]Order And Now this 16th day of May, 2016, effective June 1, 2016, or thirty (30) days after publication in the Pennsylvania Bulletin, whichever is later, the following Cumberland County Summary Warrant Policy/Procedure is herewith made a Local Rule of Court to be known and numbered as Cumberland County Local Rule 456.
Pursuant to Pa.R.Crim.P. 105, the Court Administrator is directed to distribute two certified paper copies of the Local Rule to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin. The Court Administrator shall also distribute to the Legislative Reference Bureau a copy of the Local Rule on a computer diskette or on a CD-ROM, that complies with the requirement of 1 Pa. Code § 13.11(b). It is further directed that the Court Administrator file one certified copy of the Local Rule with the Administrative Office of Pennsylvania Courts and forward a copy of the Local Rule for the purpose of publication on the Unified Judicial System's website at http://ujsportal.pacourts.us/localrules/ruleselection.aspx.
By the Court
EDWARD E. GUIDO,
President JudgeCumberland County Summary Warrant Policy/Procedure:
1. Central Booking is available during defined time periods to hold defendants with summary warrants that police encounter during their normal course of duty or constables executing warrants issued to them directly by a Magisterial District Judge.
2. Defined hours: Sunday through Thursday during non-court hours. Central Booking will not accept defendants with summary warrants on Friday, Saturday, and County holidays. At any time during the defined hours that Central Booking may experience full capacity, police and/or constables will be informed of a temporary suspension of acceptance of Summary Warrant defendants over the 911 Police Radio System.
3. This policy does not pertain to juvenile defendants with summary warrants. Juvenile defendants with summary warrants will not be accepted at Central Booking.
4. In the event that Central Booking is able to ascertain that the defendant has medical issues that put them at risk during holding, Central Booking will issue a Payment Determination Hearing Notice and release the defendant. An officer or constable serving a summary warrant should ask the defendant if they require life-sustaining medication over the period of time until the defendant might be released (the next day) and attempt to obtain that medicine for the defendant.
5. If the defendant suffers a medical episode while in Central Booking, the defendant will be released to EMS.
6. Central Booking will complete an Intake form on each defendant brought in on a summary warrant so that updated contact information is collected.
7. Warrant Procedures:
a. Summary Warrants for Non-Payment:
• Per this policy, warrants not issued to a constable for service by an MDJ should be verified on AOPC https://ujsportal.pacourts.us/.
• For verified active warrants, the defendant's case attached to the warrant can be located at https://ujsportal.pacourts.us/ by accessing ePay. You will need the defendant's first name, last name, and DOB. Select MDJ cases and the case associated with the warrant.
• The defendant must pay the amount necessary to bring the payment plan on the warrant's case up to date. If the delinquent payment amount cannot be made in full at the time of service, the defendant may be transported to Central Booking.
• For constables: A Fee bill must be attached to the warrant paperwork at Central Booking in order to facilitate proper addition of fees to the defendant's case. Central Booking will forward the Fee bill to the Magisterial District Judge for review and assessment.
• The defendant will be held at Central Booking until either a). A release amount as defined in this policy can be paid, or b). the issuing Magisterial District Judge is informed and makes a determination of action.
• Release Policy: The Central Booking Center will release defendants immediately when the following release amounts are met:
• The release amount will be based on the delinquent payment amount as determined through AOPC's ePay system. If the full amount of the delinquent payment plan is under $200, delinquent payment amount must be paid in full.
• If the full amount of the delinquent payment plan is $200 or over, the minimum amount of $200 or 50% of the total, whichever is greater, must be paid.
• If the defendant has multiple summary warrants, the total of all warrants delinquent payment plans will determine the release amount. If the total of all of the amounts owed on all cases exceeds $1000.00, the defendant must pay a minimum of $500. That amount should be put towards the oldest case first, next oldest, etc.
• A chart of release amounts is attached to this policy.
• If the release amount is met, but bringing the payment plan into current status is not equal to the full amount owed on the warrant, the defendant will be given a Payment Determination Hearing Notice scheduling such hearing on a weekday and time selected by each Magisterial District Judge for their cases. This date shall be not less than 2 weeks following release (providing at least 10 days notice per Rule 456).
• Central Booking will email a copy of the receipt and the hearing notice, if applicable, to the Magisterial District Judge to notify them of the payment and release. The Magisterial District Judge shall clear the warrant.
• If the defendant is not able to make the release amount, Central Booking may still collect a lesser amount towards the summary warrant total. The defendant will be held until court hours the next morning and the issuing Magisterial District Judge is informed and makes a determination of action.
• No defendant shall be committed without following the steps outlined in Title 42 Pa.C.S. 4137 for sections (a3) and (a4). After issuance of a warrant, bail and a contempt hearing shall be set. If imprisonment is a possibility, hearings should be set on Public Defender day. For District Courts that regularly schedule hearings in only the morning or afternoon on PD day, select a time that corresponds with the Public Defender's normal schedule (am or pm).
b. Summary Warrants for Failure to Respond:
• Per this policy, warrants not issued to a constable for service by an MDJ should be verified on AOPC https://ujsportal.pacourts.us/.
• Pursuant to Rule 431, the police officer or constable serving the warrant shall:
1) Accept a signed guilty plea and the full amount of fines and costs if stated on the warrant;
2) Accept a signed not guilty plea and the full amount of the collateral on the warrant if stated on the warrant; or
3) If the defendant is unable to pay the full amount of fines and costs or the defendant is unable to pay the collateral, transport the defendant to Central Booking.
• Signed plea paperwork shall be forwarded to the MDJ office. The Magisterial District Judge shall clear the warrant.
• For constables: A Fee bill must be attached to the warrant paperwork at Central Booking in order to facilitate proper addition of fees to the defendant's case. Central Booking will forward the Fee bill to the Magisterial District Judge for review and assessment.
• Release Policy: The Central Booking Center will release defendants immediately when the following release amounts are met:
1) For a guilty plea, the release amount will be based on the total amount of fines and costs if stated on the warrant. If the full amount of the fines and costs is under $200, the amount must be paid in full.
2) If the full amount of the fines and costs is $200 or over, the minimum amount of $200 or 50% of the total, whichever is greater, must be paid.
3) If the defendant has multiple summary warrants for Failure to Respond, the total of all warrants' fines and costs will determine the release amount. If the total of all of the amounts owed on all cases exceeds $1000.00, the defendant must pay a minimum of $500. That amount should be put towards the oldest case first, next oldest, etc.
4) If the release amount is met, but the full amount of fines and costs is not paid, the defendant will be given a Payment Determination Hearing Notice for a date and time selected by each Magisterial District Judge for their cases for the following week.
5) For not guilty pleas, 100% of the collateral, if stated on the warrant, must be paid.
• If a defendant has summary warrants for Failure to Pay and Failure to Respond, apply the appropriate policy to each type, separately.
• Central Booking will email a copy of the signed receipt, signed plea paperwork, and any hearing notices to the Magisterial District Judge to notify them of the payment and release. The Magisterial District Judge shall clear the warrant.
• If the defendant cannot meet the release amount or the collateral, the Magisterial District Judge shall conduct a bench warrant hearing. If the Magisterial District Judge is unavailable, please refer to c. (Release without payment).
c. Release without payment: Central Booking will email the Magisterial District Office that a defendant is being held on a summary warrant. If the Magisterial District Office has not contacted Central Booking regarding holding a bench warrant hearing for the defendant by noon the following day, the defendant will be released with a Payment Determination Hearing Notice scheduling such hearing on a weekday and time selected by each Magisterial District Judge for their cases. This date shall be not less than 2 weeks following release (providing at least 10 days notice per Rule 456).
d. Collection of Money:
• Warrants must clearly establish the total amount owed or collateral amount. If a Failure to Respond Warrant has no fines and costs or collateral listed, you should accept the guilty plea or not guilty plea without payment and forward to the Magisterial District Judge per the policy below (''Upon facilitating payment'' and ''When a warrant is served and payment is facilitated''). The amount paid shall be ''warrant satisfied.''
• Each Police Department may determine if they will facilitate the monetary satisfaction of the warrant as described below. If a department does not want to participate in the payment process, the defendants may be transported to Central Booking.
• For Failure to Pay: Police or Constables serving a warrant and facilitating collection may assist the defendant to make a payment through AOPC's ePay (https://ujsportal.pacourts.us/).
• For Failure to Respond: Police or constables serving a warrant and facilitating collection may assist the defendant to make a payment through the Valu Payment System.
• Upon facilitating payment, the defendant should be given a copy of the warrant as a receipt with the following information:
1) Amount Paid
2) Date
3) Officer/Constable Name and Signature
4) Identifying Badge #/Constable Id
5) Signature of Defendant
• When a warrant is served and payment is facilitated by an officer or a constable, the issuing MDJ Office must be informed by the police officer or constable via email that the warrant has been served, and the amount paid, so that the warrant can be cleared from the system. The Magisterial District Judge shall clear the warrant. A copy of the receipt must be forwarded to the Magisterial District Judge.
• At Central Booking, defendants will be allowed to use the phone to make calls to obtain payments.
• Central Booking will utilize ePay and Official payments as detailed above.
• Cash payments collected at Central Booking will be receipted per booking policy and payments will be submitted to Magisterial District Court 09-2-02 for processing.
• Magisterial District Court 09-2-02 shall enter the information as a new case and provide a refund to the originating MDJ's office.
1) Enter district court number 09-2-02. Click on Payment Icon that says ''Receipt by Responsible Participant.''
2) The ''Responsible Participant'' entered is the Court receiving the payment.
3) It will then say that there is no balance due.
4) Click ''Add'' and a new screen appears.
5) In ''Assessment Category'' choose ''Escrow''
6) For ''Assessment Type'' choose ''Night Court Payment''
7) For ''Assessment Amount'' type in the amount collected
8) There is a place for docket number, which is the case that had the warrant.
9) In the comments, we would put ''Warrant served for ______ defendant. ______ amount collected.''
e. Procedure for Central Booking when a defendant comes in with a Fingerprint Order and is found to have a summary warrant:
• If the defendant is currently housed in another institution, Central Booking will notify the Magisterial District Judge by faxing a copy of the warrant with the name of the institution on it.
• If the defendant comes in during business hours on a Fingerprint Order or on a View Arrest and they have a Summary Warrant:
1) If the defendant has the cash or the ability to pay via a credit card, Central Booking will collect the payment.
2) If the defendant does not have the ability to pay, Central Booking will contact the Constable for that MDJ and request that they pick the defendant up and take him to the MDJ's Office. If the Constable is not available, Central Booking will issue a Payment Determination Hearing Notice.
3) If the defendant enters Central Booking and he or she has children in the car, Central Booking will attempt to collect payment as detailed above, but will issue a Payment Determination Hearing Notice if the defendant is unable to pay.
f. Procedure for Cumberland County Prison when a defendant is incarcerated on another matter and has summary warrants:
• Apply the policy for both types of warrants as detailed above by attempting to collect the release amount.
• If the release amount is met, notify the Magisterial District Judge to cancel the warrant and provide the defendant with a receipt copy of the warrant and a Payment Determination Hearing upon release.
• If the release amount cannot be met, Cumberland County Prison will notify the Magisterial District Judge that the defendant has been issued a Payment Determination Hearing Notice upon release, provide the defendant with a receipt copy of the warrant upon release documenting ''Payment Determination Hearing Notice has been served, date of release, and correction officer signature.'' The Magisterial District Judge will cancel the warrant.
[Pa.B. Doc. No. 16-1060. Filed for public inspection June 24, 2016, 9:00 a.m.]
