Lancaster Cnty. C.P. Rules of Criminal Procedure Rule 117

System; and Duties

I. Coverage Hours and Availability

A. Judicial Coverage During Regular Business Hours

1. Magisterial District Court Offices within the Second Judicial District

shall be open for regular business Monday through Friday, excluding County

Holidays, during such hours as are established by the President Judge, and as

may be modified with the approval of the President Judge to meet the needs of the

public and the Court. The coverage required under Rule 117 and as set forth in

this Order shall be provided by the Magisterial District Judge with jurisdiction over

the matter during regular business hours, if available.

2. When a Magisterial District Judge who has jurisdiction over a

particular matter is unavailable during regular business hours, coverage shall be

provided by other Magisterial District Judges in the 2 nd Judicial District in

accordance with a Business Hours Assignment schedule approved by the

President Judge and amended from time to time as necessary.

B. Judicial Coverage During Non-Business Hours (Duty Court Hours)

During those hours when the Magisterial District Courts are not normally open for

business (Duty Court Hours), the coverage required under Rule 117 and as set forth in

this rule shall be provided by Magisterial District Judges in accordance with a Duty Court

Assignment schedule approved by the President Judge and amended from time to time

as necessary.

C. Availability of Duty Court Judge

During Duty Court Hours, the Duty Court Judge shall be available at or about 7

A.M and 8 P.M. each day, either in person at the Lancaster City Public Safety Building or

by video conference from his or her court office, to perform any pending judicial duties. In

addition to these two designated times, the Duty Court Judge shall be available at any

time during Duty Court Hours to perform those duties requiring continuous coverage as

set forth below in Section III. A. of this local rule.

II. Coverage System during Duty Court Hours

Regional Booking/Centralized Arraignment System

A. Live Scan/CPIN Booking

A Countywide Regional Booking and Centralized Arraignment system is hereby

implemented in Lancaster County to be in effect during Duty Court Hours. All criminal

Defendants apprehended during Duty Court Hours are required to be processed and

booked through Live Scan and CPIN equipment at a Lancaster County Police Department

possessing this technology, and which Police Department has been approved and

designated as a Regional Booking Center in accordance with the Lancaster County

Countywide Booking Center Plan.

B. Regional Booking Center Fee

The Lancaster Countywide Regional Booking Center Plan having been approved

by PCCD, a Regional Booking Center fund fee of three hundred dollars ($300) is

imposed on any Defendant processed and booked through a Lancaster County Regional

Booking Center at any time if the person:

1. Is placed on probation without verdict pursuant to Section 17 of the

Act of April 14, 1972 (P.L.233, No. 64), known as The Controlled Substance, Drug,

Device and Cosmetic Act.

2. Received Accelerated Rehabilitative Disposition for, pleads guilty or

nolo contendere to, or is convicted of, a crime under the following:

a. 18 Pa.C.S. ' 106(a) (relating to classes of offenses)

b. 75 Pa.C.S. BOL 39 \f "WP TypographicSymbols" \s 12 3735

(relating to homicide by vehicle while driving under influence).

c. 75 Pa.C.S. ‘3802 (relating to driving under influence of

alcohol or controlled substance).

d. A violation of The Controlled Substance, Drug, Device and

Cosmetic Act.

C. Centralized Arraignment

After being processed and booked at a Lancaster County Regional Booking Center

during Duty Court Hours, Defendants are required to be either:

1. Transported by the arresting police department to the Lancaster City

Public Safety Building to be held there for detention until preliminary arraignment

is conducted by the assigned Duty Court Magisterial District Judge, either in

person or by video conference, or,

2. Held by the arresting police department at a location designated by

the Court as an approved Advanced Communication Technology Site for the

purpose of video conferencing until preliminary arraignment is conducted by the

assigned Duty Court Magisterial District Judge by video conference.

III. Required Coverage Duties

A. Search Warrants and Arrest Warrants; Protection From Abuse Petitions,

and Acceptance of Bail

Magisterial District Judges with jurisdiction during regular business hours and the

Duty Court Judge during Duty Court hours shall be available to provide continuous

coverage for the issuance of search warrants pursuant to Pa.R.Crim.P. 203, arrest

warrants pursuant to Pa.R.Crim.P. 513, requests to accept bail pursuant to Pa.R.Crim.P.

520(B), and requests for emergency relief under the Protection From Abuse Act.

B. Preliminary Arraignments, Accepting Criminal Complaints and Setting Bail

Magisterial District Judges with jurisdiction during regular business hours and the

Duty Court Judge during Duty Court Hours shall be available without unnecessary delay

to conduct preliminary arraignments pursuant to Rule 516, to set bail pursuant to Rule

517(A), and to accept criminal complaints and conduct preliminary arraignments pursuant

to Rule 519(A)(1).

C. Summary Offense Arrest Warrants and Arrests Without a Warrant

Magisterial District Judges with jurisdiction during regular business hours and the

Duty Court Judge during Duty Court Hours shall be available without unnecessary delay

for the purpose of providing the services set forth in Pa.R.Crim.P.117(A)(2)(a) requiring

conducting summary trials or setting collateral in summary cases under Rule 431(B)(3)

and Rule 441(C).

D. Summary Offense Bench Warrants

If a summary Bench Warrant is executed during regular business hours, the

Magisterial District Judge with jurisdiction shall be available without unnecessary delay to

conduct a bench warrant hearing. If a Bench Warrant is executed during Duty Court

Hours, the Duty Court Judge may conduct a bench warrant hearing.

IV. Acceptance of Bail

Magisterial District Judges, the Clerk of Court or his designees, and the Warden

of the Lancaster County Prison or his designees, shall be authorized to accept bail in

accordance with the provisions of the Pennsylvania Rules of Criminal Procedure.

Revised 10-13-09 Effective 1-5-10