Pennsylvania Act 2006-100 — INTERSTATE COMPACT FOR THE SUPERVISION OF ADULT OFFENDERS ACT - APPLICATION FEE AND COLLECTION AND USE OF APPLICATION FEE

Act text

INTERSTATE COMPACT FOR THE SUPERVISION OF ADULT OFFENDERS ACT -
        APPLICATION FEE AND COLLECTION AND USE OF APPLICATION FEE
                  Act of Jul. 7, 2006, P.L. 716, No. 100              Cl. 71
                             Session of 2006
                               No. 2006-100

     SB 775

                                  AN ACT

     Amending the act of June 19, 2002 (P.L.377, No.56), entitled "An
        act authorizing the Commonwealth of Pennsylvania to join the
        Interstate Compact for the Supervision of Adult Offenders;
        providing for the form of the compact; imposing additional
        powers and duties on the Governor, the Secretary of the
        Commonwealth and the Compact Administrator; and making a
        repeal," imposing an application fee; providing for the
        collection and the use of the application fee; and providing
        for definitions.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  The act of June 19, 2002 (P.L.377, No.56), known
     as the Interstate Compact for the Supervision of Adult Offenders
     Act, is amended by adding a section to read:
      Section 4.1.  Interstate Compact for the Supervision of Adult
                    Offenders Fee.
        (a)  Application fee.--
            (1)  Any person on county probation or parole who applies
        for a transfer of supervision to another state through the
        interstate compact shall be required to pay an application
        fee with each application for transfer unless the court finds
        that the application fee should be reduced, waived or
        deferred based upon the person's inability to pay. All such
        application fees 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.
            (2)  Any person on State probation or parole who applies
        for a transfer to another state through the interstate
        compact shall be required to pay an application fee to the
        board with each application for transfer unless the board
        finds that the application fee should be reduced, waived or
        deferred based upon the person's inability to pay.
        (b)  Amount of application fee.--The State council shall
     establish the amount of the application fee, but the fee shall
     not exceed $150. The application fee shall be nonrefundable. The
     application fee shall be assessed for each application for
     transfer to another state.
        (c)  Application fee collected by county.--For administrative
     expenses, the county shall be entitled to retain a percentage of
     each application fee collected under this section, which shall
     be deposited in the county's general fund. The percentage of the
     application fee that may be retained shall be determined by the
     State council 60 days prior to the beginning of each
     Commonwealth fiscal year commencing on July 1 and ending on June
     30. All of the remaining portion of each application fee
     collected by the county shall be transmitted to the Commonwealth
     under subsection (d).
        (d)  Disposition.--Moneys received from the collection of the
     application fee shall be paid into the State Treasury and shall
     be credited to the general government operations of the board
     for expenses incurred in the administration of the compact.
        (e)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Board."  The Pennsylvania Board of Probation and Parole.
        "Interstate commission."  The Interstate Commission for Adult
     Offender Supervision.
        "Interstate compact."  The Interstate Compact for the
     Supervision of Adult Offenders.
        "State."  A state of the United States, the District of
     Columbia and any other territorial possessions of the United
     States.
        "State council."  The State Council for Interstate Adult
     Offender Supervision.
        Section 2.  This act shall apply to any person who applies on
     or after the effective date of this act for a transfer of
     supervision to another state.
        Section 3.  This act shall take effect in 60 days.

     APPROVED--The 7th day of July, A. D. 2006.

     EDWARD G. RENDELL