Current through Register Vol. 54, No. 12, March 23, 2024
(A) When a defendant advises the issuing
authority that a default on a single remittance or installment payment of
restitution, fines, or costs is imminent, the issuing authority may schedule a
hearing on the defendant's ability to pay. If a new payment schedule is
ordered, the order shall state the date on which each payment is due, and the
defendant shall be given a copy of the order.
(B) If a defendant defaults on the payment of
fines and costs, or restitution, as ordered, the issuing authority shall notify
the defendant in person or by first class mail that, unless within 10 days of
the date on the default notice, the defendant pays the amount due as ordered,
or appears before the issuing authority to explain why the defendant should not
be imprisoned for nonpayment as provided by law, a warrant for the defendant's
arrest may be issued.
(C) If the
defendant appears pursuant to the 10-day notice in paragraph (B) or following
an arrest for failing to respond to the 10-day notice in paragraph (B), the
issuing authority shall conduct a hearing immediately to determine whether the
defendant is financially able to pay as ordered.
(1) If the hearing cannot be held
immediately, the issuing authority shall release the defendant on recognizance
unless the issuing authority has reasonable grounds to believe that the
defendant will not appear, in which case, the issuing authority may set
collateral as provided in Rule 523.
(2) If collateral is set, the issuing
authority shall state in writing the reason(s) why any collateral other than
release on recognizance has been set and the facts that support a determination
that the defendant has the ability to pay monetary collateral.
(3) If collateral is set and the defendant
does not post collateral, the defendant shall not be detained without a hearing
longer than 72 hours or the close of the next business day if the 72 hours
expires on a non-business day.
(D) When a defendant appears pursuant to the
notice in paragraph (B) or pursuant to an arrest warrant issued for failure to
respond to the notice as provided in paragraph (C):
(1) upon a determination that the defendant
is financially able to pay as ordered, the issuing authority may impose any
sanction provided by law.
(2) Upon
a determination that the defendant is financially unable to pay as ordered, the
issuing authority may order a schedule or reschedule for installment payments,
or alter or amend the order as otherwise provided by law.
(3) At the conclusion of the hearing, the
issuing authority shall:
(a) if the issuing
authority has ordered a schedule of installment payments or a new schedule of
installment payments, state the date on which each installment payment is
due;
(b) advise the defendant of
the right to appeal within 30 days for a hearing
de novo in
the court of common pleas, and that if an appeal is filed:
(i) The execution of the order will be stayed
and the issuing authority may set bail or collateral; and
(ii) The defendant must appear for the
hearing de novo in the court of common pleas or the appeal may
be dismissed;
(c) if a
sentence of imprisonment has been imposed, direct the defendant to appear for
the execution of sentence on a date certain unless the defendant files a notice
of appeal within the 30-day period; and
(d) issue a written order imposing sentence,
signed by the issuing authority. The order shall include the information
specified in paragraphs (D)(3)(a) through (D)(3)(c), and a copy of the order
shall be given to the defendant.
(E) A defendant may appeal an issuing
authority's determination pursuant to this rule by filing a notice of appeal
within 30 days of the issuing authority's order. The appeal shall proceed as
provided in Rules 460, 461, and 462.
