2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 97 - Sentencing
9728 - Collection of restitution, reparation, fees, costs, fines and penalties.

     § 9728.  Collection of restitution, reparation, fees, costs,
                fines and penalties.
        (a)  General rule.--
            (1)  Except as provided in subsection (b)(5), all
        restitution, reparation, fees, costs, fines and penalties
        shall be collected by the county probation department or
        other agent designated by the county commissioners of the
        county with the approval of the president judge of the county
        for that purpose in any manner provided by law. However, such
        restitution, reparation, fees, costs, fines and penalties are
        part of a criminal action or proceeding and shall not be
        deemed debts. A sentence, pretrial disposition order or order
        entered under section 6352 (relating to disposition of
        delinquent child) for restitution, reparation, fees, costs,
        fines or penalties shall, together with interest and any
        additional costs that may accrue, be a judgment in favor of
        the probation department upon the person or the property of
        the person sentenced or subject to the order.
            (2)  In accordance with section 9730.1 (relating to
        collection of court costs, restitution and fines by private
        collection agency), the collection of restitution,
        reparation, fees, costs, fines and penalties under this
        section may be referred to a private collection agency.
        Statistical information relating to the amount of restitution
        collected by the county probation department or any agent
        designated by the county commissioners of the county with the
        approval of the president judge of the county shall be made
        available to the Pennsylvania Commission on Crime and
        Delinquency on an annual basis.
        (b)  Procedure.--
            (1)  The county clerk of courts shall, upon sentencing,
        pretrial disposition or other order, transmit to the
        prothonotary certified copies of all judgments for
        restitution, reparation, fees, costs, fines and penalties
        which, in the aggregate, exceed $1,000, and it shall be the
        duty of each prothonotary to enter and docket the same of
        record in his office and to index the same as judgments are
        indexed, without requiring the payment of costs as a
        condition precedent to the entry thereof.
            (2)  The clerk of courts, in consultation with other
        appropriate governmental agencies, may transmit to the
        prothonotary of the respective county certified copies of all
        judgments for restitution, reparation, fees, costs, fines and
        penalties which, in the aggregate, do not exceed $1,000, and,
        if so transmitted, it shall be the duty of each prothonotary
        to enter and docket the same of record in his office and to
        index the same as judgments are indexed, without requiring
        the payment of costs as a condition precedent to the entry
        thereof.
            (3)  The county clerk of courts shall, upon sentencing,
        pretrial disposition or other order, transmit to the
        Department of Probation of the respective county or other
        agent designated by the county commissioners of the county
        with the approval of the president judge of the county and to
        the county correctional facility to which the offender has
        been sentenced or to the Department of Corrections, whichever
        is appropriate, copies of all orders for restitution and
        amendments or alterations thereto, reparation, fees, costs,
        fines and penalties.
            (4)  The total amount for which the person is liable
        pursuant to this section may be entered as a judgment upon
        the person or the property of the person sentenced or
        ordered, regardless of whether the amount has been ordered to
        be paid in installments.
            (5)  The county correctional facility to which the
        offender has been sentenced or the Department of Corrections
        shall be authorized to make monetary deductions from inmate
        personal accounts for the purpose of collecting restitution
        or any other court-ordered obligation. Any amount deducted
        shall be transmitted by the Department of Corrections or the
        county correctional facility to the probation department of
        the county or other agent designated by the county
        commissioners of the county with the approval of the
        president judge of the county in which the offender was
        convicted. The Department of Corrections shall develop
        guidelines relating to its responsibilities under this
        paragraph.
        (b.1)  Restitution file.--Upon receipt of each order from the
     clerk of courts as provided in subsection (b)(3), the department
     of probation of the respective county or other agent designated
     by the county commissioners of the county with the approval of
     the president judge of the county shall open a restitution file
     for the purposes of recording the amounts of restitution
     deducted by the Department of Corrections or county correctional
     facility or collected by the department of probation or the
     agent designated by the county commissioners of the county with
     the approval of the president judge of the county.
        (c)  Period of time.--Notwithstanding section 6353 (relating
     to limitation on and change in place of commitment) or 18
     Pa.C.S. § 1106(c)(2) (relating to restitution for injuries to
     person or property), the period of time during which such
     judgments shall have full effect may exceed the maximum term of
     imprisonment to which the offender could have been sentenced for
     the crimes of which he was convicted or the maximum term of
     confinement to which the offender was committed.
        (d)  Priority.--Notwithstanding any other statutory
     provisions in this or any other title, any lien obtained under
     this section shall maintain its priority indefinitely and no
     writ of revival need be filed.
        (e)  Preservation of assets subject to restitution.--Upon
     application of the Commonwealth, the court may enter a
     restraining order or injunction, require the execution of a
     satisfactory performance bond or take any other action to
     preserve the availability of property which may be necessary to
     satisfy an anticipated restitution order under this section:
            (1)  upon the filing of a criminal complaint, information
        or indictment charging a criminal violation or a petition
        alleging delinquency for which restitution may be ordered and
        alleging that the property with respect to which the order is
        sought appears to be necessary to satisfy such restitution
        order and judgment; and
            (2)  if, after notice to persons appearing to have an
        interest in the property and an opportunity for a hearing,
        the court determines that:
                (i)  there is a substantial probability that:
                    (A)  the Commonwealth will prevail on the
                underlying criminal charges or allegation of
                delinquency;
                    (B)  restitution will be ordered exceeding
                $10,000 in value;
                    (C)  the property appears to be necessary to
                satisfy such restitution order; and
                    (D)  failure to enter the order will result in
                the property being destroyed, removed from the
                jurisdiction of the court or otherwise made
                unavailable for payment of the anticipated
                restitution order; and
                (ii)  the need to preserve the availability of the
            property through the entry of the requested order
            outweighs the hardship on any party against whom the
            order is to be entered.
        (f)  Temporary restraining order.--A temporary restraining
     order under subsection (e) may be entered upon application of
     the Commonwealth without notice or opportunity for a hearing,
     whether or not a complaint, information, indictment or petition
     alleging delinquency has been filed with respect to the
     property, if the Commonwealth demonstrates that there is
     probable cause to believe that the property with respect to
     which the order is sought appears to be necessary to satisfy an
     anticipated restitution order under this section and that
     provision of notice will jeopardize the availability of the
     property to satisfy such restitution order and judgment. Such a
     temporary order shall expire not more than ten days after the
     date on which it is entered, unless extended for good cause
     shown or unless the party against whom it is entered consents to
     an extension for a longer period. A hearing requested concerning
     an order entered under this subsection shall be held at the
     earliest possible time and prior to the expiration of the
     temporary order.
        (g)  Costs, etc.--Any sheriff's costs, filing fees and costs
     of the county probation department, clerk of courts or other
     appropriate governmental agency, including, but not limited to,
     any reasonable administrative costs associated with the
     collection of restitution, transportation costs and other costs
     associated with the prosecution, shall be borne by the defendant
     and shall be collected by the county probation department or
     other appropriate governmental agency along with the total
     amount of the judgment and remitted to the appropriate agencies
     at the time of or prior to satisfaction of judgment.
        (g.1)  Payment.--No less than 50% of all moneys collected by
     the county probation department or other agent designated by the
     county commissioners of the county with the approval of the
     president judge of the county pursuant to subsection (b)(1) and
     deducted pursuant to subsection (b)(5) shall, until the
     satisfaction of the defendant's restitution obligation, be used
     to pay restitution to victims. Any remaining moneys shall be
     used to pay fees, costs, fines, penalties and other court-
     ordered obligations.
        (h)  Effect on contempt proceedings.--This section shall not
     affect contempt proceedings mandated by 18 Pa.C.S. § 1106(f).
     (Dec. 17, 1990, P.L.726, No.181, eff. 60 days; May 3, 1995, 1st
     Sp.Sess., P.L.999, No.12, eff. 60 days; May 12, 1995, 1st
     Sp.Sess., P.L.1006, No.13, eff. 60 days; Feb. 7, 1996, P.L.7,
     No.3, eff. 60 days; June 18, 1998, P.L.640, No.84, eff. 120
     days; Nov. 9, 2006, P.L.1352, No.143, eff. imd.)

        2006 Amendment.  Act 134 amended subsec. (g).
        Cross References.  Section 9728 is referred to in section
     6352 of this title.