Fayette Cnty. C.P. Local Rules and Administrative Orders - Amended March 12,... Rule 507

(a) Raw Notes of Testimony

(1) Raw notes of testimony are those on paper tapes and/or

other media in the original state which they existed when taken at the time

of testimony.

(2) Once transcribed, raw notes of testimony may be destroyed

6 days after the filing of the transcript.

(3) Raw notes of testimony that have not been transcribed may

be destroyed seven years from the date of testimony.

(4) Notwithstanding the above provisions, a party may petition

on good cause shown for a court order directing that particular raw notes

of testimony be retained for a longer period of time than otherwise

required.

(b)Transcribed Notes of Testimony

(1) Transcribed notes of testimony filed with the Prothonotary,

Clerk of the Orphans’ Court, or Clerk of Courts are subject to the retention

periods set forth in the County Records Manual under those offices, and

need not be retained by the Judicial District, court reporter or Court.

(2) Transcribed notes of testimony filed in juvenile matters shall

be retained by the appropriate office until the subject reaches the age of

25, or, 10 years after the last action in the case, whichever is later.

(c)Record Retention Disposal Log

(1) Disposal of raw notes of testimony shall be accomplished as

provided in Section 2.3 of the Record Retention & Disposition Schedule

promulgated by the Supreme Court of Pennsylvania/Administrative Office

of Pennsylvania Courts.

(2) When completing Disposal Log Forms, the raw notes need

not be listed on the Records Disposal Log by caption and case number,

but may be listed merely by the hearing date.

Comment: This Rule is derived from the Record Retention & Disposition

Schedule referred to above.

NOTE: Adopted April 3, 2003, effective July 21, 2003

RULE 1901

PROMPT DISPOSITION OF MATTERS;

TERMINATION OF INACTIVE CASES

(a) Civil Cases

(1) When no docket activity has occurred in a civil case, except in

proceedings of custody, eminent domain, and condemnation, for a period of more than

two years, the Prothonotary shall commence proceedings under this rule to terminate

the action.

(2) The Prothonotary shall provide notice of the proposed dismissal of each

civil case that has been dormant for more than two (2) years to all counsel of record and

to any pro se litigants in person or by regular mail at the last address of record and shall

set forth a brief identification of the case to be terminated. If such notice cannot be

given or has been returned undelivered, notice may be given by publication once in the

Fayette Legal Journal by stating the caption of each case, the names of the attorneys of

record or pro se litigants, and the requirements of filing a statement of intention to

proceed.

(3) If no action is taken or no statement of intention to proceed is docketed

within sixty (60) days of the notice or of the publication, the Prothonotary shall

administratively enter an order as of course dismissing the civil case with prejudice for

failure to prosecute. Any civil case terminated under this rule may be reinstated by the

Court upon written petition for good cause shown.

(4) Any filing of a statement of intention to proceed shall be accompanied by

such filing fee as may be allowed by law to be charged by the Office of the Prothonotary

in accordance with the fee bill of that office.

(b) Criminal Cases

(1) At the Call of the Criminal Trial List in March and September each year,

the Clerk of Courts shall present to the Court a list of cases where no docket activity has

occurred for a period of more than two years.

(2) Notice of the proposed dismissal of each case shall be given by the Clerk

of Courts to the prosecutor and the defendant in person or by regular mail at least thirty

(30) days before the date on which the list is to be called.

(3) If no good cause for continuing a proceeding is shown at the Call of the Criminal

Trial List, an order for dismissal shall be entered forthwith by the Court.

NOTE: Adopted November 24, 2015, effective January 18, 2016.

RULE 1903

FEE SCHEDULE

Pursuant to Section 5.00 of the Public Access Policy of the Unified Judicial

System of Pennsylvania: Official Case Records of the Magisterial District Courts, the fee

for photocopying the official case records of the magisterial district courts shall be $0.25

per page and exact postage shall be charged when official case records are requested

to be mailed. The fee schedule shall be publicly posted.

NOTE: Adopted June 11, 2015, effective July 27, 2015.

RULE 4007

REQUESTS FOR TRANSCRIPTS

(A) All requests for transcripts shall be set forth on a standardized form provided

by the Administrative Office of Pennsylvania Courts. The “Request for Transcript

or Copy” form is available in the office or on the website of the Administrative

Office of Fayette County Courts. The form shall indicate the current rates

authorized to be charged for transcripts under these rules.

(B) For an ordinary transcript, the party requesting a full or partial transcript of a

trial or other proceeding shall file the original request with the Administrative

Office of Fayette County Courts.

(C) The production of daily, expedited, same day or rough draft transcripts are

only available at the discretion of the court reporter.

(D) When a litigant requests a transcript,

(1) the district court administrator shall request the court reporter to

estimate the transcript cost. The ordering party shall make partial payment

in the amount of seventy-five percent (75%) of the estimated transcript

cost. All payments are nonrefundable and shall be made by money order,

certified check, or check from an attorney payable to the County of Fayette

and delivered to the Administrative Office of Fayette County Courts. No

payments shall be made to the court reporter.

(2) upon receipt of the deposit by the Administrative Office of Fayette

County Courts, the court reporter shall prepare the transcript.

(3) the court reporter shall notify the ordering party and the district court

administrator of the completion of the transcript and of the final balance

due.

(4) upon payment of any balance owed to the Administrative Office of

Fayette County Courts, the court reporter shall deliver the original

transcript to the appropriate filing office and a copy for the ordering party in

the form requested to the district court administrator.

(E) When a transcript is requested for which the court or county is responsible for

the cost, the court reporter shall prepare the transcript without the necessity of a

deposit.

NOTE: Adopted January 12, 2017, effective March 6, 2017.

RULE 4008

TRANSCRIPT COSTS PAYABLE BY A REQUESTING PARTY OTHER

THAN THE COMMONWEALTH OR A SUBDIVISION THEREOF.

(A) Costs

(1) The costs payable by a requesting party, other than the Commonwealth

or a subdivision thereof, for a transcript in an electronic format shall not

exceed:

(a) for an ordinary transcript, $2.50 per page;

(b) for an expedited transcript, $3.50 per page;

(c) for a daily transcript, $4.50 per page; and

(d) for same day delivery, $6.50 per page.

(2) When the transcript is prepared in bound paper format, the costs shall

be in accordance with paragraph (1) relating to electronic format plus a

surcharge of $0.25 per page.

(B) Economic hardship -- In cases of economic hardship, where the matter is

under appeal or a transcript is necessary to advance the litigation, the costs of

procuring the transcript shall be waived or otherwise adjusted by the court as

provided herein. In cases of economic hardship where there is no appeal

pending or there exists no obvious need for the transcript to advance the

litigation, the requesting party must demonstrate good cause shown before the

court shall waive or adjust the cost of obtaining the transcript.

(1) Transcript costs for ordinary transcripts in matters under appeal or

where the transcript is necessary to advance the litigation shall be waived

for a litigant who has been permitted by the court to proceed in forma

pauperis or whose income is less than 125 percent of the poverty line as

defined by the U.S. Department of Health and Human Services (HHS)

poverty guidelines for the current year.

(2) Transcript costs for ordinary transcripts in matters under appeal or

where the transcript is necessary to advance the litigation shall be reduced

by one-half for a litigant whose income is less than 200 percent of the

poverty line as defined by the HHS poverty guidelines for the current year.

(3) Transcript costs for ordinary transcripts in matters that are not subject

to an appeal, where the transcript is not necessary to advance the

litigation, or for expedited, daily, rough draft or same day transcripts may

be waived at the court's discretion for parties who qualify for economic

hardship under subdivision (B)(1) or (B)(2) and upon good cause shown.

(4) To request a waiver of all or a portion of transcript costs in accordance

with Rule 4008(B)(1) through (B)(3), the applicant must attach to the

Request for Transcript a “Petition to Proceed In Forma Pauperis and

Affidavit” in the form required by Rule 240(h) of the Pennsylvania Rules of

Civil Procedure. The Petition and Affidavit are available in the office or on

the website of the Administrative Office of Fayette County Courts. The

applicant must file the Petition and Affidavit in the appropriate filing office

and provide a copy to the Administrative Office of Fayette County Courts

for presentation as a routine motion to the presiding judge.

(5) To proceed under Rule 4008(B)(3), after presentation of the “Petition to

Proceed In Forma Pauperis and Affidavit” through Motions Court, the

presiding judge, at his or her discretion, may schedule a hearing to

determine whether the applicant has established good cause to receive a

waiver of all or a portion of transcript costs. The determination of good

cause shown is at the discretion of the presiding judge.

(6) Litigants who have been approved for representation by legal aid

services are not required to prove economic hardship. Legal aid services

shall be entitled to obtain ordinary transcripts for no cost by attaching to

their Request for Transcript a letter of certification verifying in accordance

with Rule 4008(B) that the represented client meets financial eligibility and

that the matter is under appeal or that the transcript being requested is

necessary to advance the current litigation.

(7) Transcripts requested in accordance with Rule 4008(B)(1) through

(B)(3) shall have costs imputed to the County of Fayette for payment to the

court reporter. In accordance with Rule 4007(E), no deposit shall be

required.

(C) Assignment and allocation of transcript costs

(1) Assignment of costs. The requesting party, or party required by general

rule to file a transcript, shall be responsible for the cost of the transcript.

Original costs to produce the transcript shall not be assessed against any

party for transcripts prepared at the initiation of the court.

(2) Allocation of costs. When more than one party requests the transcript,

or are required by general rule to file the transcript, the cost shall be

divided equally among the parties.

(D) Copies of transcript

(1) A request for a copy of any transcript previously ordered, transcribed

and filed of record shall be made pursuant to the “Request for Transcript or

Copy” form and the request filed with the Administrative Office of Fayette

County Courts.

(a) If the request is for an electronic copy, the Administrative Office

of Fayette County Courts shall collect $0.50 per page and direct the

court reporter to provide the electronic copy to the district court

administrator for the requesting party.

(b) If the request is for a paper format copy, the district court

administrator shall notify the filing office to collect $0.75 per page,

prepare a paper copy of the transcript, and provide the copy to the

requesting party.

NOTE: Adopted January 12, 2017, effective March 6, 2017.

RULE 5000.13

NOTE: Adopted December 3, 1998, effective January 25, 1999. Rescinded

January 12, 2017, effective March 6, 2017.

RULE 5104

Custody of Exhibits in Court Proceedings

(a) Designation of Custodian.

1. In court proceedings before a Judge, the Court Reporter is designated as the

custodian to safeguard and maintain exhibits introduced in a court proceeding.

2. In court proceedings before a Hearing Officer, the Hearing Officer is designated

as the custodian to safeguard and maintain exhibits introduced in the court

proceeding.

(b) During Court Proceedings.

1. Throughout court proceedings, all documentary and non-documentary exhibits

shall remain in the custody of the proponent until the exhibit is offered for

admission into the record.

2. Non-documentary exhibits, including, but not limited to, weapons, cash, other

items of value, drugs, and other dangerous contraband or materials, and bulky,

oversized, or otherwise physically impractical exhibits for the custodian to

maintain shall remain in the custody of the proponent during court proceedings.

3. Non-documentary exhibits shall be photographed by the proponent and the

photograph shall be appropriately marked and produced during the court

proceedings for inclusion in the official case record.

4. After being offered into evidence, whether accepted or rejected by the presiding

Judge or Hearing Officer, documentary and photograph exhibits shall then be

placed in the custody of the custodian.

5. The proponent may reduce oversized documentary exhibits to 8.5 x 11 inches

paper, so long as the quality is not compromised, or may submit the exhibits

digitally via a CD or USB flash drive as a PDF with a file name identifying the

exhibit.

6. The proponent may submit voluminous documentary exhibits digitally via a CD or

USB flash drive as a PDF with a file name identifying the exhibit.

(c) After Court Proceedings.

1. Proponent Responsibilities.

i. The proponent of non-documentary exhibits shall safeguard and maintain

such exhibits and may only dispose of or destroy non-documentary

exhibits as required by any applicable records retention periods or by

Order of Court.

ii. If not submitted during the court proceedings, the proponent shall provide

to the custodian a photograph (no larger in size than 8.5 x 11 inches) of

the non-documentary exhibits in lieu of the non-documentary exhibit,

within five business days of the conclusion of the court proceeding.

2. Custodian Responsibilities.

i. The custodian shall retain or take custody of all documentary exhibits,

photographs, and photographs of non-documentary exhibits accepted or

rejected during the court proceeding.

ii. The custodian shall prepare and file a numbered list of exhibits, and for

each exhibit identify the proponent, whether the exhibit was admitted or

rejected from evidence, and a textual description or identification of the

exhibit.

iii. The custodian shall file all documentary exhibits, photographs, and

photographs of non-documentary exhibits with the records office within

five business days of the conclusion of the court proceeding unless

otherwise directed by the court.

(d) All other issues regarding custody of exhibits in court proceedings shall be

governed by Pennsylvania Rule of Judicial Administration 5101—5104.

Note: May 8, 2024, effective June 17, 2024.

ORPHANS' COURT RULES

OF THE

COURT OF COMMON PLEAS

OF

FAYETTE COUNTY, PENNSYLVANIA

(All Orphans’ Court local rules were vacated on September 1, 2016

by order of the Supreme Court)

ADMINISTRATIVE ORDERS

OF THE

COURT OF COMMON PLEAS

OF

FAYETTE COUNTY, PENNSYLVANIA

MORTGAGE FORCLOSURE PROGRAM

The Fayette County Court of Common Pleas having recognized the current

mortgage foreclosure crisis, hereby establishes the Mortgage Foreclosure Diversion

Program:

(a) When a plaintiff files a complaint in a mortgage foreclosure action, the

Prothonotary’s Office shall provide a copy of the Mortgage Foreclosure Diversion

Program Notice to the plaintiff.

(b) The plaintiff shall serve a copy of the Mortgage Foreclosure Diversion

Program Notice along with the complaint on the defendant in accordance with the

Pennsylvania Rules of Civil Procedure.

(c) Pursuant to the procedures of this program, a defendant who commences

Foreclosure Mitigation Counseling (FMC) may seek a 90-day stay in the

mortgage foreclosure proceedings for the purpose of reaching a mutually

acceptable agreement with the plaintiff to resolve the case.

(d) The defendant must commence FMC with Southwestern Pennsylvania Legal

Services, Inc., within twenty (20) days of being served with a Complaint in

Mortgage Foreclosure.

(e) If the defendant commences FMC and desires the imposition of a 90-day

stay in their mortgage foreclosure proceedings, the representative of

Southwestern Pennsylvania Legal Services, Inc., or other legal representative,

shall present a request for such a stay in writing to the judge to whom the case

has been assigned.

(f) The defendant must commence FMC in order to qualify for the 90-day stay.

(g) Only mortgage foreclosure cases with owner-occupied residences are

subject to this program.

(h) If a defendant fails to commence FMC, or the defendant fails to request a 90-day stay, or the parties fail to reach an agreement within the 90-day stay period,

all further proceedings in the case will be handled by the judge to whom the case

is assigned in accordance with normal assignment procedures.

MORTGAGE FORECLOSURE DIVERSION PROGRAM NOTICE

You have been sued in court to foreclose upon the mortgage associated with your home.

You are notified that you may seek a 90-day stay in this mortgage foreclosure proceeding if

you commence Foreclosure Mitigation Counseling with Southwestern Pennsylvania Legal Services,

Inc., within 20 days of being served with the complaint in this action and this notice, and make

application for this stay. The purpose of this stay is to permit you an opportunity to work with the

lender/plaintiff to reach an agreement to settle this proceeding.

If you fail to commence this free Foreclosure Mitigation Counseling, you will not receive a 90-day stay of these proceedings and if you do not respond to the complaint, a default judgment may be

entered.

YOU SHOULD STRONGLY CONSIDER FORECLOSURE MITIGATION COUNSELING. THIS

COUNSELING WILL BE CONDUCTED BY A REPRESENTATIVE OF SOUTHWESTERN PENNSYLVANIA

LEGAL SERVICES. YOU MAY BE ABLE TO SEEK ASSISTANCE FROM A LEGAL PROFESSIONAL AT

THE FORECLOSURE MITIGATION COUNSELING.

IF YOU HAVE QUESTIONS ABOUT THIS MATTER, OR WISH TO COMMENCE FORECLOSURE

MITIGATION COUNSELING, CONTACT:

SOUTHWESTERN PA LEGAL SERVICES

45 EAST MAIN STREET

UNIONTOWN, PA 15401

724-439-3591

800-846-0871 (toll free)

NOTE: Adopted March 16, 2010, effective May 3, 2010

JUVENILE COURT RESTITUTION FUND

The statutory authority for the creation of this Fund appears at 42 Pa. C.S. Section

6352(a)(5), The Juvenile Act, Disposition of delinquent children.

The purpose of the Fund is to provide a means whereby the Court may:

a) direct children under its supervision to pay a reasonable amount of money

into a common fund;

b) collect the above-mentioned revenue and deposit them into an appropriate

account that is under the supervision of the Court or its designee;

c) distributed money received by the Fund to victims of delinquent behavior

in a fair and equitable manner.

Furthermore, the Court hereby adopts the following guidelines and operating

standards for the Fund.

Fayette County Juvenile Court Restitution Fund

Operating Guidelines

The Court of Common Pleas of Fayette County, Pennsylvania (Court), through

the Fayette County Juvenile Probation Office (Probation) will establish the Fayette

County Juvenile Court Restitution Fund (Fund) for the purpose of providing financial

reimbursement to the victims of delinquent behavior as defined in the Juvenile Act.

The Probation department will be responsible for establishing, monitoring,

maintaining, and auditing the Fund in accordance with the Fund Operating Guidelines

and Standards and accepted accounting practices and principals.

Name

The name of the Fund will be the “Juvenile Court Restitution Fund.” For

clarity purposes, when referring to the Fund on documents such as an Informal

Adjustment Consent, Consent Decree, an order issued by the Court, rules and

conditions of probation, and all financial documents including restitution documents,

judgment, etc., the Fund will be referred to as the JCR Fund.

Eligibility

For the purpose of the Fund, eligibility will be defined as follows:

Eligible Benefactor – An eligible benefactor of the Fund will be any child who is

under the jurisdiction of the Court through the Probation department on or after the

effective start date of the Fund and whose disposition, as rendered by the Court or

Probation department, requires the child to pay restitution to a victim of a delinquent act.

Eligible Recipient – An eligible recipient of the Fund will be any person,

business, organization, etc., including an insurance company, and the Commonwealth’s

Crime Victims Compensation Fund (Restitution) who has a legitimate restitution claim

on file with the Probation office on or after the effective start date of the Fund that is the

result of the delinquent act(s) of an Eligible Benefactor.

Fund Revenue

On and after the effective date of the creation of the Fund, it will be supported

financially in the following manner:

a) The Probation department will assess a fee in the amount of

$25.00 to all children who are subject to delinquency proceedings whose case results in

a final disposition of an Informal Adjustment Consent (excluding Youth Commission),

Consent Decree, or adjudication of delinquency and make the same payable to the

Fund.

b) The Probation department will assess a minimum fee of $50.00 for a case

referred to the Probation department where the only disposition rendered is an

adjustment at the intake level with no further action taken or sanctions imposed. The

initial $25.00 collected in these cases will be made payable to the Fund, with the

remainder of payments credited to the Fayette County Youth Commission.

c) The Probation department will assess a $100.00 fee for the preparation

and processing of Petitions and corresponding documents as they pertain to the

expungement of Juvenile Court records and make the same payable to the Fund.

NOTE: A child who otherwise qualifies for an expungement and

who has only a single referral to the Court or Probation department that

was successfully handled by the Fayette County Youth Commission will

not be required to pay the above-mentioned fee.

d) The Probation department will assign a fee of $25.00 to all cases that are

dismissed at the intake level at the Juvenile Probation Office upon the request of the

victim or complainant, if the complainant is a private citizen, with the fee to be paid by

the person requesting the dismissal and with the fee made payable to the Fund.

e) The Probation department will allocate ten thousand dollars ($10,000.00)

per year as part of the Title IV-E Administrative Account contained in the County Budget

for the Probation department and make the same payable to the Fund. This allocation

will remain in effect for as long as the Probation department participates in the Title IV-E

Administrative Cost Pool Program through the Pennsylvania Department of Public

Welfare. The Probation department will request from the County an open purchase

order number for the above-mentioned allocation and invoice the County quarterly

(March 31, June 30, September 30, and December 31) for reimbursement from the

above-mentioned account and make the same payable to the Fund.

f) The Court, at its discretion or upon the recommendation of the Probation

department, will make other sources of revenue payable to the Fund as the same

become available.

Fund Management

The Fund receipts and expenditures will be managed by the Probation

department. Any and all funds received by the Probation department that may be

considered revenue for the Fund will be deposited into an account separate and apart

from other accounts managed by the Probation department. The sole purpose of this

account will be to receive and disperse funds associated with the JCR Fund. As of the

date of the creation of the Fund, the account(s) used by the Probation department

requires 2 signatures:

All Fund revenues will be receipted, recorded, deposited and otherwise handled

as any other revenue received by the Probation department for the intended purpose of

reimbursing victims of delinquent behavior.

Additionally, expenditures made from the Fund will be forwarded to eligible

recipients by checks issued from the above-mentioned checking account on an as

needed basis.

Expenditures from the above-mentioned account will require two signatures

consisting of the Chief and Deputy Chief Juvenile Probation Officers.

The above-mentioned account will be subject to an audit performed by the

Controller of Fayette County on an annual basis as per the request of the Chief Juvenile

Probation Officer.

Review Committee

The President Judge will establish a committee to review the requests made by

the eligible benefactors requesting benefits from the Fund. The committee will be

comprised of the following individuals:

Chief or Deputy Chief Juvenile Probation Officer

Victim Services Coordinator for Juvenile Court

The child’s supervising probation officer.

Fund Expenditures

Eligible benefactors of the Fund will be able to request assistance from the Fund

in the following manner:

a) The Court or Probation department will prepare an application form for

eligible benefactors to utilize in order to request assistance from the fund. The

application form will include the following information:

1) Descriptive information about the child including name, DOB,

type of supervision, length of supervision.

2) A statement as to the child’s overall adjustment while under

supervision, addressing behavior at home, in the community,

and at school;

3) A statement as to the child’s community service completion

rate;

4) A statement as to the balance of restitution due by the child.

The applicant’s probation officer will assure that the child completes the

application, and the probation officer will forward the same to the Review Committee.

The Review committee will review the application, and recommend the level of

expenditure to be made on behalf of the applicant.

The President Judge will authorize the amount to be expended from the Fund

and credited to the applicant’s / benefactor’s restitution account. The Probation

department will then disperse payments to all applicants remain victim(s) in a

proportionate share.

Payments dispersed from the fund will be made on a first come / first serve basis

and will be made in the full amount recommended by the Review Committee and

approved by the President Judge.

The Probation department will be prohibited from dispersing payments from the

Fund in excess of the Fund case reserves plus $100.00.

Maximum Disbursement

The maximum amount that may be disbursed from the Fund on behalf of any

single child per period of supervision by the Court or Probation department will be one

thousand dollars ($1,000.00).

Fund Balance

The Fund will maintain a minimum balance of $100.00 at all times.

Suspension of Activity

The Court or Chief Juvenile Probation Officer will have the authority to suspend

any and all activities associated with the Fund.

Audit Requirement

The Fund will be subject to an audit by the Controller of Fayette County on an

annual basis, covering the period January 1 through December 31 as part of the annual

audit on the above-mentioned check account.

NOTE: Adopted June 21, 2010, effective August 9, 2010

AMENDED ADMINISTRATIVE ORDER

BOOKING CENTER PROCESSING FEE

And Now, this 4th day of October 2012, it is Hereby Ordered, that the Court of Fayette County

adopts a countywide Regional Booking Center (RBC) procedures plan as set forth herein.

1. The Regional Booking Center (RBC) is to be located at the Uniontown Police Department.

2. The purpose of the RBC is to efficiently process defendants charged with criminal actions.

The process shall include, but not limited to, fingerprinting, photographing and determining prior

records of defendants being processed.

3. In all cases in which the defendant has been charged with an offense graded as a

misdemeanor or greater, the defendant shall be required to appear either at the Pennsylvania

State Police Barracks, if arrested by the member of the Pennsylvania State Police, or, if arrested

by an arresting authority other than the Pennsylvania State Police at the Fayette County Regional

Booking Center, (RBC), located in the Uniontown Police Department or at such other locations

designated, in writing, by the President Judge of Fayette County Court of Common Pleas, for

fingerprinting and processing.

4. 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 shall serve as the designated fingerprinting and processing site for all arresting

authorities in Fayette County other than the Pennsylvania State Police. The State Police Barracks

shall serve as the designated fingerprinting site for the Pennsylvania State Police.

5. 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.

6. 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 within five

(5) days following the date of issuance of such order.

7. A booking fee of $300.00 shall be assessed and collected by the Fayette 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.

8. 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 at the time of the preliminary hearing.

9. Any juvenile with a case that has resulted in a disposition of a Consent Decree or

Adjudication of Delinquency shall be fingerprinted and photographed; a fee of $300.00 shall be

assessed for processing. The Juvenile Probation Office shall oversee the collections of said fee.

10. Private Citizens shall be assessed a cost of $25.00 for all non-criminal electronic printing

and/or photos.

11. 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,'' 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. § 9799.1

President Judge Gerald R. Solomon

Note: Adopted October 4, 2012, effective November 26, 2012.

FAYETTE COUNTY YOUTH COMMISSION PROGRAM

Program History and Description:

The Fayette County Youth Commission (Youth Commission) is a diversionary program

established by the Fayette County Juvenile Court (Court) in January 1996. The Youth

Commission is a Court approved program and is authorized to provide guidance and supervision

to children under the supervision of the Juvenile Court whose dispositions are consistent with 18

Pa. C. S. Section 6323, Informal Adjustment and 42 Pa. C.S. Section 6340 Consent Decree.

The Youth Commission is comprised of residents of Fayette County who have agreed to

volunteer their time in order to provide guidance and supervision to alleged delinquent children

and who are eligible for supervision through the Youth Commission Program.

In addition to an unspecified and changing number of volunteers the Youth Commission is

staffed by a Juvenile Probation Officer who has been designated at the “Youth Commission

Coordinator” (YC Coordinator). The YC Coordinator acts as the liaison between the Court,

Juvenile Probation Office and the Youth Commission. The YC Coordinator is authorized to

allocate up to one third (1/3) of their time, or not more than 12.5 hours per week, to the overall

operation of the Youth Commission.

The Youth Commission falls under the direct supervision of the Chief Juvenile Probation Officer

or his designate.

Definitions

For the purpose of this document the following words and phrases will be defined as follows:

Child: The individual who is alleged to have committed a delinquent act

and who is the object of the proceedings before the Court.

CJPO: Chief Juvenile Probation Officer

County: Fayette County Board of Commissioners and all entities of the

County of Fayette

Court: Court of Common Pleas of Fayette County, Pennsylvania

including the Juvenile Division of said Court.

CPO: Community Probation Officer

Juvenile Probation: Fayette County Juvenile Probation Office

Parent: To include the mother, father, grandparents, guardians, foster

parents of the child who is the object of the proceedings before

the Court.

YC Coordinator: Juvenile Probation Officer on staff who is assigned to supervise

the Youth Commission Program and act as the liaison between

the Court, Juvenile Probation Office, and Youth Commission

YLS: Youth Level of Service Assessment Instrument

Youth Commission: Fayette County Youth Commission Program

Program Principals

The Youth Commission will operate with the following principals as its guide:

1. To provide the Court with a viable dispositional alternative for minor delinquent

offenders who, based upon the YLS, should be supervised by a community based group as

opposed to traditional Juvenile Probation supervision while at the same time holding the child

accountable for their delinquent behavior;

2. To provide community members with the opportunity to engage in a constructive activity

with the hopes of positively impacting the lives of young persons who reside in the same

community with the ultimate goal of reducing delinquent behavior and therefore improving the

overall safety and quality of life in that community;

3. To link children within a community with natural supports that will last well into

adulthood and therefore serve as a long term positive influence.

Legislative Authority

Through this document and the accompanying administrative order, the Court will recognize the

Youth Commission as a Court operated program which is authorized to provide guidance and

supervision to individuals who fall within the jurisdiction of the Juvenile Court who are alleged

delinquent children as defined in 42 Pa. C. S. Section 6302 of the Juvenile Act entitled

Definitions, wherein the Juvenile Act defines “child” and “delinquent act.” Furthermore, the

Court will also authorize the Youth Commission to provide supervision over children who are

subject to the jurisdiction of the Court as a result of their delinquency case has received a

disposition pursuant to 42 Pa. C.S. Section 6323 entitled Informal Adjustment and Section 42 Pa.

C.S. Section 6340 Consent Decree.

Youth Commission Members

The Youth Commission will be comprised of volunteers from the communities in which they

reside. Persons wishing to be Youth Commission members should have genuine interest in

working with children between the age of 10 and 18 years who have engaged in a wide variety of

delinquent behavior.

Potential Youth Commission members must be at least eighteen (18) years of age at the time of

application and be individuals of good character and moral standing.

All potential Youth Commission members will be subject to a screening process that will include

the following:

1. Completed Youth Commission Application (copy attached)

2. Criminal History Clearance from the Pennsylvania State Police

3. Child Abuse Clearance from the Pennsylvania Department of Public Welfare

4. Federal Bureau of Investigation Criminal History Check

Applicants who have been convicted or adjudicated delinquent of the following offense(s) will

be disqualified from serving on the Youth Commission:

Violation of the Controlled Substance, Drug, Device or Cosmetic Act or similar State

or Federal laws that are graded as a felony;

Any offense enumerated in 18 Pa. C.S. Section 3101 et. seq., Sexual Offenses or

equivalent law from another State or Federal statute;

Any offense which would bring the applicant’s credibility into question.

Persons seeking to become Youth Commission members may, upon request, be reimbursed for

the costs associated with obtaining the above-listed clearances.

A person seeking to become a member of the Youth Commission will have their application and

corresponding information reviewed by the YC Coordinator and the CJPO. Applicants will be

notified in writing as to whether their request to become a member of the Youth Commission is

approved or rejected.

Persons who are accepted as member of the Youth Commission may be barred from participation

in the program for just cause. Examples of just cause to exclude an individual from participation

in the Youth Commission may include, but is not limited to one or more of the following:

Failure to participate in the program on a regular or consistent basis;

Engaging in a course of conduct that is contrary to the best interest of the

Youth Commission;

Arrest and conviction of one or more of the above-mentioned criminal acts;

Violating rules pertaining to confidentiality;

Any other behavior that in the opinion of the YC Coordinator and the CJPO

is detrimental to the overall demeanor and workings of the Youth Commission.

Notice that a Youth Commission member has been expelled will be provided to the member in

writing.

Youth Commission Structure and Responsibilities

It is recommended that the Youth Commission be a county wide program which is made up of

individual commissions that serve specific geographic areas. In order to be consistent with the

supervision model utilized by the Juvenile Probation Office, individual youth commissions

should be developed to serve children based upon the school district that its clients attend. The

individual youth commission may assume the name of the school district in which they are

located (i.e. Uniontown Youth Commission, Connellsville Youth Commission, etc.).

Regardless of the number of individual commissions, they will all be part of the Fayette County

Youth Commission.

Individual youth commissions shall be structured in such a manner that enables them to conduct

their responsibilities of providing guidance and supervision to children assigned to them for such

a purpose. At a minimum the individual youth commissions will require a person designated as

the Chairperson and a person designated as the Secretary.

The Chairperson will be responsible for coordinating with the YC Coordinator at the Juvenile

Probation Office with regard to cases being referred to the Youth Commission for supervision

and cases being returned to the Juvenile Probation Office upon conclusion of supervision. The

Secretary will be responsible for organizing and retaining all records as they relate to children

referred for supervision.

An individual youth commission may also designate an individual as a Co-Chairperson who may

act in the Chairperson’s absence.

Each youth commission will also be required to have individuals designated as Community

Probation Officers (CPO). A CPO is an individual who will be responsible for providing direct

services (guidance and supervision) to a child that is subject to supervision by the Youth

Commission. CPO’s will be responsible for maintaining, at a minimum once per month, face to

face contact with a child under their supervision. CPO will also be responsible for assuring that

the child subject to the supervision of the Youth Commission successfully completes all of the

specific terms and conditions of their probationary period including the payment of fines, costs,

and restitution, completion of specific competency development and victimization programs,

community service obligations, and other specific requirements as reflected in the child’s

disposition.

To further define the role of the CPO, individuals assigned to this position within the Youth

Commission will be responsible to monitor the overall behavior of a child under the Youth

Commission’s supervision in the following areas:

Adherence to parental guidance, supervision and authority;

Adherence to the curfew set by the parents or the Juvenile Probation Office;

Level of school attendance;

Behavior issues experienced at home, school, or in the community;

The extent, if any, of the child’s use of alcohol or illegal drugs;

The nature of the child’s peer group and the influence exercised by this group;

The child’s level of participation in Court directed programs or activities.

The recommended minimum number of volunteers required to be considered a Youth

Commission be six (6) while there is no recommended maximum number.

Training

Youth Commission members will receive training in a wide variety of areas including the

following:

Operation of the Juvenile Court in Pennsylvania

The Pennsylvania Juvenile Act

Laws governing confidentiality

Effective communication skills

The YC Coordinator will be responsible for assuring that Youth Commission member received

training on an ongoing and timely basis.

Youth Commission members are encouraged to seek out and attend training not provided

directly the Youth Commission program that is pertinent their role and which would be

beneficial to the Youth Commission program as a whole.

All costs associated with training Youth Commission members will be paid for by the Youth

Commission.

Case Processing

All cases alleging delinquent behavior by a child shall be processed by the Intake Department at

the Juvenile Probation Office. The Intake Department will file the Allegation / Complaint

Forms, schedule and conduct the Intake Interviews and along with the appropriate level of

supervision make a determination as to whether a child and his/her related case(s) are eligible for

a disposition that does not include an adjudication of delinquency.

Those children and their related cases(s) deemed inappropriate for an adjudication of

delinquency will therefore be eligible for a non-adjudication disposition of a Consent Decree or

Informal Adjustment Consent. A child must also be deemed appropriate for supervision by the

Youth Commission as a result of their YLS assessment results.

After the Intake Department has determined that the child and his/her case is eligible for either a

Consent Decree or Informal Adjustment Consent the child will be scheduled for a YLS

assessment. The YLS assessment is a tool used to aid probation staff in determining the level of

supervision required to best meet the child’s and the community’s best interests.

After the YLS assessment has been completed and it is determined that the child’s and

community’s best interest will be served by a level of supervision that can be best served by the

Youth Commission the referral will be effectuated. The Intake Department will prepare and

execute the Informal Adjustment Consent or Consent Decree and review the terms and

conditions of the same with the child and his parents.

The Informal Adjustment Consent or Consent Decree will include traditional rules of probation

as well as any specific conditions that are deemed necessary, appropriate and in the child’s and

community’s best interest.

The Intake Department internally process this case as it pertains to entry of dispositional data on

all appropriate data bases including the JCMS. At the same time the Intake Department will

notify the YC Coordinator that a case is being referred to the Youth Commission for supervision

and provide the YC Coordinator with sufficient case related information to effectuate that

function. At a minimum the Intake Department will provide the YC Coordinator with copies of

the following information:

Allegation / Complaint Form;

JPO Fact Sheet;

Informal Adjustment Consent;

YLS Assessment Report;

Other information deemed necessary and appropriate to effectuate supervision.

The YC Coordinator will assign the case to the Youth Commission for supervision that is located

in this child’s school district.

The YC Coordinator will deliver the above-mentioned information to the Chairperson of the

Youth Commission that will provide supervision in the instant case. The YC Coordinator and

the Chairperson of the Youth Commission providing supervision will work jointly to notify the

child and his/her parents of all subsequent meetings and appointments which will enable the

Youth Commission to provide supervision.

The YC Coordinator will be responsible for making all referrals for purchased services for the

child subject to supervision by the Youth Commission and monitoring the same.

At the initial meeting with the Youth Commission the case will be reviewed by the YC

Coordinator, Youth Commission personnel, child and parents and the case will be assigned to a

CPO for ongoing supervision.

Case Termination

The supervision of a case assigned to the Youth Commission may be terminated in one of the

following manner:

Successful Case Closure: A successful case closure will occur when a child has met the

expectations of the conditions of his/her probationary period and the Youth Commission

recommends the child’s release from supervision.

Unsuccessful Case Closure: An unsuccessful case closure will occur when a child has failed to

meet the expectations of the conditions of his probationary period and Youth Commission

recommends that the child and his/her corresponding case be returned to the Juvenile Probation

Office for continued supervision or further disposition.

Files and Reports

Information generated as a result of cases referred to the Youth Commission for supervision will

be recorded and retained for future use. Upon receiving a referral the YC Coordinator or the

Chairperson of the Youth Commission providing supervision will be responsible for creating a

file which contains the original referral information.

The CPO assigned to supervise a case will be required to submit written reports on an approved

document each time that the child is seen as part of his/her supervision. These reports are to

accurately reflect the progress of the child subject to supervision in the areas indicated in section

entitled

The files and reports pertaining to a case subject to supervision by the Youth Commission shall

be maintained in a secure location on the premises where the supervision is provided.

Upon discharge of a child from the Youth Commission’s supervision ALL case related

information shall be returned to the Juvenile Probation Office and placed into the child’s

permanent file at the Juvenile Probation Office.

Confidentiality

All written and verbal information received or obtained by the Youth Commission pertaining to a

case subject to their supervision is considered to be confidential and access to this information is

governed by 42 Pa. C. S. Section 6307 Inspection of court files and records. All members of the

Youth Commission are bound by the provisions of this law. Members of the Youth Commission

should address questions concerning the release of information and their ability to share

information with individuals or agencies beyond the scope of the Youth Commission should be

directed to the YC Coordinator or the Chief Juvenile Probation Officer.

Costs of operation

All expenses associated with the day to day operation of the Fayette County Youth Commission

shall be paid for through the Youth Commission Account that is maintained at and by the

Juvenile Probation Office. The provisions associated with the Youth Commission Account are

described in the section of this program description entitled “Fayette County Youth Commission

Income/Revenue Sources and Allowable Expense”.

Expungement of records

Cases receiving supervision by the Youth Commission are eligible for expungement as per the

provisions of 18 Pa. C.S. Section 9123.

Children who have successfully completed their supervision through the Youth Commission may

request that their record be expunged by contact the YC Coordinator. The YC Coordinator will

determine the child’s eligibility as per the above statute as well as reviewing whether all fines,

costs, and restitution have been paid in full.

All financial obligations must be paid in full before a case handled by the Youth Commission

may be expunged.

In the event that at the time a request is made by the juvenile to expunge his/her Juvenile Court

Record the only record maintained by the Juvenile Probation Office is the one that was subject to

the supervision by the Youth Commission, there will be no cost associated with the

expungement.

Revenue and Expenses

The Youth Commission encounters ongoing expenses in order to meet its goals of providing

guidance and supervision to alleged delinquent children who are subject to its supervision. At

the time the Youth Commission was created it was the goal of the Court to allow for revenue

options that would make the operation of the program cost neutral for the County of Fayette.

Revenue

At the time that the Youth Commission was created the Court authorized the Juvenile Probation

Office to assess all children who come under the Court’s jurisdiction as a result of a final

disposition of a Consent Decree or an adjudication of delinquency be required to pay a fine

through the Juvenile Probation Office in the amount of one hundred dollars ($100.00) with the

money generated from this fine to be used to offset the overall costs associated with the

operation of the Youth Commission.

Furthermore, on April 1, 2006 the Chief Juvenile Probation Officer gave authorization that

allowed fifty percent (50%) of all of the funds received from processing cases certified to the

Juvenile Court by the Minor Judiciary where the defendants are juveniles who have failed to pay

fines and costs pursuant to a summary offense conviction shall likewise be as a source of revenue

to support the operation of the Youth Commission.

All funds collected as a result of this these revenue sources are deposited in an account which is

used for the operation of the Fayette County Youth Commission.

Revenue Deposits

All funds received and intended for use by the Youth Commission shall be deposited into the YC

Account described herein. Deposits shall be prepared and deposited in to the YC Account on a

timely basis and the deposit ticket received at the time of the deposit shall be attached to the

NCR or other copy of the deposit ticket.

Copies of checks or other sources of revenue which make up the deposit shall be copied and

recorded for audit purposes.

Expenses

The expenses generally associated with the operation of the Youth Commission fall into one of

three different categories:

1. Expenses relating to the Youth Commission Members and the business of operating the

Youth Commission. The expenses that generally fall into this category are as follows:

materials and supplies including printed materials;

advertising as associated with soliciting new members;

advertising as associated with the program itself;

liability and related insurance;

training and related expenses.

2. Expenses relating directly Youth Commission clients. The expenses that generally fall

into this category are as follows:

materials and supplies for educational and community service programs where Youth

Commission clients are participants,

the cost of personal items which the client is in need of and if not provided may

prove to be detrimental to the overall health, safety and wellbeing of the client;

any other reasonable expenses relating to the supervision of the client deemed

appropriate and agreed upon by the YC Coordinator and the Chief or Deputy Chief Juvenile

Probation Officer.

3. Expenses relating to the YC Coordinator. The expenses that generally fall into

this category are items such as:

materials and supplies;

training fees and related expenses;

travel and transpiration expenses;

proportionate share of the salary, benefits and allocated costs associated with the YC

Coordinator;*

* It should be noted that the proportionate share of the YC Coordinator’s salary, benefits and

allocated costs that may be considered as Youth Commission related expense is not to exceed

one third (1/3rd) of the amounts for these items as established on January 1. As a general rule the

cost of benefits may be established as that amount equal to but not to exceed twenty-eight

percent (28%) of the YC Coordinator’s salary for the calendar year. The value associated with

the cost of employment of the YC Coordinator, including allocated costs, as determined above

shall not be forwarded to the County as a form of reimbursement, however this amount shall be

made available to the Chief or Deputy Chief Juvenile Probation Officer as a discretionary

amount to be used to offset the costs associated with the overall operation of the Juvenile

Probation Office.

Accounting

On November 30, 2006 the Juvenile Probation Office established a checking account at First

National Bank of Pennsylvania, Uniontown, Pennsylvania. The account created in this matter is

entitled “Fayette County Juvenile Probation Office – Youth Commission Program Account”.

The above-mentioned account is an interest generating account which requires two (2) signatures

for check processing. The two signatures required at the time of the creation of this account

were the Chief and Deputy Chief Juvenile Probation Officers. Signatures on this account will be

changed on an as needed basis.

This account is subject to reconciliation on a monthly basis. The reconciliation is to be

performed by an individual who is not the person who administers the account or who is

signature authority on the account.

This account shall be subject to audit on an annual basis by the Controller of Fayette County

with the results of the audit to be forwarded to the Chief Juvenile Probation Officer and the

Court. The day to day activities, deposits and withdraws, of this account will be maintained in

the customary checkbook ledger method as well as electronically.

Reimbursement for expenses

Eligible expenses associated with the operation of the Youth Commission shall be paid out of the

YC Account.

Persons seeking reimbursement for expenses or seeking funds for purchases, etc. will be required

to prepare and submit for approval a “Youth Commission Account Requisition for Funds” form.

This form will contain the following information:

Date that the requisition is made;

Name of the person making the request;

Description of the service or product for which payment or reimbursement

is requested;

Estimated amount that the service or product will cost;

Name and title of the person approving the request;

Amount paid for the service or product;

Check number of the check used for payment;

An indication as to whether there is a receipt for the service or product.

All requisition shall be submitted to the Chief or Deputy Chief Juvenile Probation Officer for

approval.

The Chief or Deputy Chief Juvenile Probation Officer shall prepare, record, and distribute the

check for payment to the appropriate party.

A copy of the receipt for the service or product shall be attached to the requisition form and

properly recorded.

The Chief for Deputy Chief Juvenile Probation Officer is empowered to authorize and make

payments for services or products associated with the operation of the Youth Commission in an

amount up to three thousand dollars ($3,000.00). Services and products in excess of three

thousand dollars ($3,000.00) will require the approval of the President Judge.

Reporting

A report which reflects the financial activity of the YC Account will be generated on a monthly

basis. This report will be forwarded to the Court with a copy to be retained along with other

financial and program reports generated for that month.

NOTE: Adopted January 25, 2012, effective March 13, 2012

JUVENILE FEE BILL

COSTS AND FEES IN FAYETTE COUNTY JUVENILE

DELINQUENCY CASES

ADJUDICATION HEARING

STATE FEES: Crime Victims Compensation Cost $25.00

Judicial Computer Project (JCP / ATJ / CJEA) $35.50

Substance Abuse, Education and Demand $100.00

Reduction Fund (CSDDCA ONLY)

Substance Abuse, Education and Demand $100.00 BAC <.16

Reduction Fund (DUI 3802 ONLY) $300.00 BAC >.16

PSP Crime Lab User Fee (DUI ONLY) Actual Cost / Court

Ordered Only

DNA (Any Felony) or (M) 3126 & 2910(a)(1) $250.00

Manufacture / Sale of False ID Card $500.00

Amber Alert System Cost $25.00

COUNTY FEES: County Costs (Petition / Automation Fee) $65.00

Booking Center Fee $300.00

Juvenile Court Restitution Program (JCR) $25.00

Fayette County Youth Commission Program $100.00

CONSENT DECREE

STATE FEES: Crime Victims Compensation Cost $25.00

Judicial Computer Project (JCP / ATJ / CJEA) $35.50

COUNTY FEES: County Costs (Petition / Automation Fee) $25.00

Booking Center Fee $300.00

Juvenile Court Restitution Program (JCR) $25.00

Fayette County Youth Commission Program $100.00

DISTRICT MAGISTERIAL CERTIFICATIONS

COUNTY FEES: Juvenile Court Restitution Program 50% of collection

Fayette County Youth Commission Program 50% of collection

Restitution Promissory note if

applicable

ADDITIONAL COSTS

Expungement (ADJ / CD) $100.00 Payable to

JCR Fund

Expungement (IAC) No cost

Charges dismissed via victim request $25.00 Payable to JCR Fund

*Admin Orders Booking Fee (1 AD 2009)

JCR Fund (1534 of 2010 GD)

Youth Commission Revision (1 AD 2013)

NOTE: Adopted August 5, 2014, effective September 30, 2014

APPROVAL FOR MAGISTERIAL DISTRICT JUDGES TO SENTENCE

OFFENDERS TO INTERMEDIATE PUNISHMENT

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, fines and the Offender Supervision Fee shall be collected and

disbursed by the Magisterial District Judges. The Electronic Monitoring 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.

NOTE: Adopted August 30, 2016, effective October 24, 2016

DETENTION OR INCARCERATION OF JUVENILES

PURSUANT TO AMENDMENTS OF THE FEDERAL JUVENILE

JUSTICE REFORM ACT

AND NOW, December 20, 2021, pursuant to recent amendments of the Federal

Juvenile Justice Reform Act (JJRA) of 2018, 34 U.S.C. § 11101 et seq., it is hereby

ORDERED and DIRECTED that a juvenile (a child under the age of eighteen) arrested

on or after December 21, 2021, for an act designated as a crime under the laws of this

Commonwealth and subject to adult criminal proceedings, including criminal

proceedings initiated pursuant to provisions of the Juvenile Act (42 Pa.C.S.§§ 6302 and

6355), and who is not released on bail, shall be detained at Aspire or other juvenile

facility until such time as a common pleas judge, upon motion of the Commonwealth,

promptly makes the “interest of justice” determination required by 34 U.S.C. §

11133(a)(3)(B) and commits the juvenile for incarceration in the Fayette County Prison.

The period(s) of incarceration of the subject juvenile shall be in accordance with the

requirements of the JJRA, unless waived in writing or on the record by the juvenile.

NOTE: Adopted December 28, 2021, effective February 21, 2022

VICTIM SERVICES FEE

AND NOW, this 15th day of August 2023, it is hereby ORDERED and DECREED

that pursuant to the Crime Victims Act a person who pleads guilty or nolo contendere,

who is convicted of a crime, or is placed in a diversionary program shall, in addition to

costs imposed under 42 Pa.C.S. § 3571(c) (relating to Commonwealth portion of fines,

etc.), pay costs of one hundred dollars ($100.00).

Costs imposed shall be paid into the Crime Victim Services and Compensation

Fund except that 70% of any costs which exceed $60 shall be paid into a local victim

services fund, established and administered by the county treasurer pursuant to 18 Pa.

Stat. Ann. § 11.1101(b)(4). The county treasurer shall disperse money from a local

victim services fund at the discretion of the county district attorney. The money in the

local victim services fund shall be used only for victim services.

In accordance with Pa.R.J.A. 103(d), it is further ORDERED that the Clerk of

Courts shall distribute this Order to the Legislative References Bureau for publication in

the Pennsylvania Bulletin, file one copy with the Administrative Office of Pennsylvania

Courts, and the District Court Administrator shall publish this Order on the Fayette

County website. The effective date of this Order shall be thirty days after publication in

the Pennsylvania Bulletin.

NOTE: Adopted August 15, 2023, effective September 26, 2023.

IN RE: FAYETTE COUNTY:

BOOKING CENTER RELOCATION:

: No. 1 AD 2009

ADMINISTRATIVE ORDER

AND NOW, this 5th day of December, 2025, upon consideration of the

termination of the “Inter-Governmental Agreement – Fayette County Booking Center”

dated February 1, 2024, it is hereby ORDERED and DECREED that the Fayette County

Booking Center shall be relocated to the Fayette County Prison, 254 McClellandtown

Road, Uniontown, PA 15401, effective Monday, December 8, 2025, at 8:00 a.m.