LANCASTER COUNTY Rules of Criminal Procedure No. 536; Bail Pieces; No. 8 AD 2011; CPJ. No. 7, Page 1357 [41 Pa.B. 3973]
[Saturday, July 23, 2011]Administrative Order And Now, this 28th day of June, 2011, it is hereby Ordered that new Lancaster County Rule of Criminal Procedure No. 536 is adopted as follows:
The Court Administrator is directed to:
1. File one (1) certified copy of this Order and Rule with the Administrative Office of Pennsylvania Courts.
2. File two (2) certified paper copies and one (1) diskette or CD-ROM containing this Order and Rule with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
3. Publish a copy of this Order and Rule on the Unified Judicial System's web site at http://ujsportal.pacourts.us/localrules/ruleselection.aspx.
4. Keep continuously available for public inspection copies of the Order and Rule in the Prothonotary and Clerk of Courts Office.
This Order shall become effective 30 days after publication in the Pennsylvania Bulletin.
By the Court
JOSEPH C. MADENSPACHER,
President JudgeRule 536. Bail Pieces; Exoneration of Surety.
A. In all cases where a bail piece is lodged, the case shall proceed in accordance with the following procedures:
1. In all cases where the Defendant is lodged in the Lancaster County Prison pursuant to a bail piece, the Warden or his designee shall notify the District Court Administrator within twelve (12) hours of commitment.
2. After notice from the Warden or his designee, the District Court Administrator shall schedule a hearing to take place within seven (7) days of the date the bail piece was lodged.
3. The District Court Administrator shall give prompt notice of the hearing to the Office of the Public Defender, District Attorney's Office, the Clerk of Courts of Lancaster County, and any surety involved in the matter. The District Attorney and Public Defender shall each assign an attorney for the hearing.
4. The daily Business Judge shall conduct hearings on bail proceedings held pursuant to this Rule.
5. A copy of the Court's Order following the hearing shall be promptly forwarded to the Lancaster County Prison.
6. At any hearing conducted pursuant to [this] Rule 536(A), the only determination shall be whether to dismiss the bail piece or whether bail shall be reset. No decision regarding the exoneration or remittance of any surety shall be made at a hearing conducted pursuant to [this] Rule 536(A). Rule 536(B) shall be the exclusive process to request exoneration or remission of any bondsman or fidelity/surety company.
B. If a defendant is apprehended and returned to the Lancaster County Prison, the bondsman or fidelity/surety company or agent, may petition the Court of Common Pleas for full or partial exoneration or remittance of the amount of the bail bond under the following procedures:
1. All petitions for exoneration or remittance must be made in writing.
2. All petitions for exoneration or remittance must be served on the Office of the District Attorney, who shall have ten (10) days to respond to the petition.
3. A hearing on the petition shall be conducted upon the request of either party or by the Court sua sponte.
4. No hearing shall be conducted until the expiration of the ten (10) day response period, unless agreed to by both parties.
5. A petition for exoneration or remittance will not be considered if the funds in the Bail Judgment Account referred to in Rule 536.1 have been transferred to the General Fund as outlined in Rule 536.1(D).
[Pa.B. Doc. No. 11-1218. Filed for public inspection July 22, 2011, 9:00 a.m.]
