Lancaster Cnty. C.P. Rules of Criminal Procedure Rule 536

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).

Revised 6-28-11 Effective 8-22-11