Lancaster County Court of Common Pleas Warrant Protocol for Warrants Issued by the Magisterial District CourtsTABLE OF CONTENTS AD) ISTRA’ ORDER TRANS W. NTS TO LANCA‘ ‘01 SHERIFF’S OFF. WARRANT PROTOCOL Introduction..........0.... page 2 Transfer of Warrants and Supplemental Information from the Magisterial District Courts to the Sheriff's Office. ages 3 - 4 Warrant Processing... pages 5-10 Financial.....ecseesees pages 11-14 IDENDUMS. A. Issuing Warrants to the Lancaster County Sheriff using the export feature of MDJS. B, Scanning and Sending Warrants and Supplemental Information to the Lancaster County Sheriff C. Instructions to add e-mail addresses to address book of copier D. Guilty Plea and Payment Determination Hearing Verification Form E. Receipting Electronic Transfer Payments from the Sheriff's Office F. Constable Criminal Summary Payment Sheet 1|PageIN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYLVANIA CRIMINAL 31 Md OL Ayn stag 48009 40 yusq9 MAGISTERIAL DISTRICT COURT WARRANTS TRANSFERRED TO : LANCASTER COUNTY SHERIFF : Adi aN ADMINISTRATIVE ORD. AND Now, this PZ? day of May, 2016, itis ORDERED that Administrative Order No. AD-1-2016, CPJ 7, Page 1357, issued on November 25, 2015, is hereby rescinded. Ve 'A1nn09 YS VON) : 1. Effective June 1, 2016, the Second Judicial District of Pennsylvania in Lancaster County shall process all bench warrants and warrants of arrest through a centralized warrant control located and operated by the Lancaster County Sheriff's Office as follows: 9. All Criminal Arrest Warrants shall be issued to the Police Department of origin with a copy of the warrant being sent to the Sheriff's Office. b, All Criminal Bench Warrants shall be issued to the Sheriff's Office with a copy of the warrant being sent to the Police Department of origin. © Any warrant issued in a Summary.Case shall be issued to the Sheriffs Office. 4. Any warrant not previously issued to the Sheriff's Office shall be provided immediately to the Lancaster County Sheriff's Office upon request. 2. Itis further ORDERED that Magisterial District Courts may continue their current Practice of issuing warrants to Constables through May 31, 2016, After May 31, 2016, allbench warrant or warrant of arrest to any police officer or agency authorized by law to serve warrants, 5. The Lancaster County Sheriff's Office shell be designated as the sole authority 10 “Spprove Payments to any police officer or agency authorized by law for any warrant served after June 1, 2016, 6. Pursuant to Pa.R.CrimP, No, 132 (A)(4), until further notice, inthe event that a efendant has been arrested on more than one warrant issued by different Magisterial Distt Judges, the individual may be taken before any Magisterial District Judge who issued warrant, ‘That Magisterial District Judge is authorlzed to conduct a hearing on all ofthe warrants on which the defendant was arrested, The Sheriff's Office, police officer, person or agency authorized by law to serve warrants shall first contact the Magisterial District Court with the most issued ‘Warrants fo process all the warrants forthe defendant, If that Magisterial District Judge cannot process the warrants within one hour from the time he/she was contacted, the Sheriff's Office, Police officer, person or agency authorized by law to serve warrants shall contact the Magisterial District Judge with the next most issued warrants for the defendant. In the event that uo Magisterial District Judge who issued a warrant is available within one hour froma the time he/she ‘was contacted, the on call duty Magisterial District Judge for the sector ofthe Magisterial Distriet Judge withthe most issued warrants shall process all outstanding warrants agains! the defendant,Distribution: BY THE COURT: Jacquelyn Pfarsich, Esq,, Cleck of Courts Craig Stedman, Esq. District Attomey Todd E, Brown, Esq,, Chief Public Defender Claudia Shank, Esq, Solicitor’s Office Brian Hurter, Controller Mark Reese, Lancaster County Sheriff Magisterial District Judge Scott E. Albert, Esq Magisterial District Judge Jayne F. Duncan, Esq, ‘Magisterial District Judge Miles K. Bixler Magisterial District Judge Edward A. Tobin ‘Magisterial District Judge Tony S. Russell Magisterial District Judge Brace A. Roth, Esq. Magisterial District Judge Joshua R. Keller ‘Magisterial District Judge Rodney H. Hartman Magisterial District Judge Stuart J. Mylin ‘Magisterial District Judge Nancy G. Hamill Magisterial District Judge Brian E, Chudzik, Esq. ‘Magisterial District Judge David P. Miller, Esq, Magisterial District Judge B, Denise B. Commins Magisterial District Judge Mary Mongiovi Sponaugle, Esq. Magisterial District Judge William E, Benner, Jr., Esq. Magisterial District Judge Janice Jimenez Magisterial District Judge Adam J. Witkonis, Esq. Magisterial District Judge Raymond S. Sheller Russell A. Glass, Deputy Court Administrator Daniel Scarberry, Bail Administration and Pretrial ServicesLancaster County Court of Common Pleas Warrant Protocol for Warrants Issued by the Magisterial District Courts ‘This protocol seeks to establish a uniform policy regarding the warrant procedures of the magisterial district courts. This protocol is not a suggested best practice, but is the exclusive procedure that all magisterial district judges and staff, sheriffs, constables, court administration personnel, county controller and staff, must follow when processing bench warrants and arrest warrants issued by the magisterial district courts. ‘This protocol represents many hours of research, deliberations, development and hard : work by many individuals. We thank them greatly and appreciate their help and guidance through this process. There are certain people who deserve special acknowledgement for their time and effort, The following are the committee members who brought this protocol to fruition: Honorable Dennis E, Reinaker, President Judge Honorable Merrill M. Spahn,tr., Judge Magisterial District Judge Brian E, Chudzik, Esq. Magisterial District Judge Rodney H. Hartman Magisterial District Judge Edward A. Tobin County Controller Brian Hurter Deputy County Controller Kathy Kunkel Deputy Court Administrator Russell A. Glass Licutenant Michael Armer Sergeant Joey Willcox Deputy Sheriff Brian Kuster Training and Support Specialist Maribel Gonzalez Office Manager Marti Zamboni Clerical Specialist Melissa Ragan 2|Page |nsfer of and Supple: Information from the Ma; District Courts to the Sheriff's Office Warrant Data - All warrants of the magisterial district courts are entered in the Magisterial District Judges System (MDJS). As this information is entered into the system, the ‘Administrative Office of Pennsylvania Courts has made available a copy of the data to Lancaster County Information Technology Department who are able to extract pertinent warrant data from this system and use it to populate the Lancaster County Sheriff's Office's (hereinafter “Sheriff's Office”) warrant management system. Using this process, the Sheriff's Office will be provided with all the data pertaining to new warrants issued by the magisterial district courts. Name, address, personal identifiers, charge information, docket number, warrant number, etc are all available to the Sheriff's Office, This operation is searnless and does not require any action to be taken on behalf of the magisterial district courts. Warrant Images - Once a warrant has been issued bya magisterial district court, the user will be presented with an option to export and save the warrant to a drive located on their ‘workstation. This export and save feature will be presented whether the warrant was issued individually or as part of a “batch processing”. After the warrant has been saved, the docum: will be available to be sent as an attachment in an email to the Sheriff's Office using the process outlined in Addendum A (attached). ‘Supplemental Information (le: copies of citations) - When the warrant to be served ‘upon an individual is a ptedispositional warrant that was issued because a defendant failed to respond to a citation or summons, the Sheriff's Office will need a copy of the citation to serve the defendant when the warrant is executed, All supplemental information can be scanned and seat to the Sheriff's Office using the copier in each magisterial district court. When sending any supplemental information to the Sheriff's Office, the first page: of the warrant shall be copied and scanned with the supplemental information. The first page of the watrant should be scanned first followed by the supplemental information. Issuance of Warrants — Although all arrest and bench warrants will be sent to a centralized warrant control located and operated by the Sheriff's Office, the individual or agency to whom a warrant is issued depends’ upon the type of warrants follows: . ‘a. All Criminal Arrest Warrants shall be issued to the Police Department of origin with a copy of the warrant being sent to the Sheriff's Office. b. All Criminal Bench Warrants shall be issued to the Sheriff's Office with a copy of the ‘warrant being sent to the Police Department of origin. o. Any warrant issued in a summary case shall be issued to the Sheriff’s Office. 3\Page4. Any warrant not previously issued to the Sheriff's Office shall be provided immediately to the Sheriff's Office upon request. ‘Types of Warrants - Pursuant to Pa R.Crim.P. No, 430, warrants in summary cases are issued as follows: (A) Arrest warrants initiating proceedings. A warrant for the arrest ofthe defendant shall be issued when: () the citation or summons is returned undelivered; or {@ the issuing authority has reasonable grounds o believe thatthe defendant will not obey a summons. (B) Bench warrants (1) A bench warrant shall be issued when: (@) the defendant fails to respond to a citation or summons that was served upon the defendant personally or by certified mail return receipt requested or (b) the defendant bas failed to appear forthe execution of sentence as required in Rule 454(F)(3). 2) A bench warrant may be issued when a defendant has entered a not guilty plea and fails to appear for the summary tial, if the issuing authority determines, pursuant to Rule 455(A), that the trial should not be conducted in the defendants absence. (3) A bench warrant may be issued when: (@) the defendant has entered a guilty plea by mail and the money forwarded with the plea is less than the amount of the fine and costs specified in the citation or summons; or (@) the defendant bas been sentenced to pay restitution, a fine, or costs and thas defaulted on the payment; or (© the issuing authority hes, in the defendant's absence, tried and sentenced the defendant to pay restitution, and/or to pay a fine and costs and the collateral deposited by the defendant is less than the amount of the fine and costs imposed. (4) No warrant shall issue under paragraph (B)) unless the defendant has been given notice in person or by first class mail thet failure to pay the amount due or to appear for a hearing may result in the issuance of a bench warrant, and the defendant has not responded to this notice within 10 days. Notice by first class mail shall be considered complete upon mailing to the defendant’ last known address. 4|PageWarrant Processing Given the vast geographic area of Lancaster County and the number of personnel involved in the service of warrants issued by the magisterial district courts, it was recognized carly on by the committee involved in the development of this warrant protocol thatthe processing of warrants needs to be as efficient as possible, To facilitate the effective administration of justice, the Sheriff Office has exclusive authority to forward for service a copy of any arrest or bench warrant to any police officer, person or agency authorized by law to serve warrants. “Warrants originating from one Magisterial District Court — When a defendant is taken into custody and has only one warrant or multiple warrants that are issued by one magisterial district court, the Sheriff's Office, police officer, person or agency authorized by law to serve warrants will contact the magisterial district court that issued the warrant to make arrangements for the warrant to be processed. If the Magisterial District Judge cannot process. the warrant(s) within one hour from the time he/she was contacted, the Sheriff's Office, police officer, person or agency authorized by law to serve warrants should be so informed so arrangements can be made to contact the on call or duty Magisterial District Judge for that sector who shall process the warrant(s) for that defendant. Magisterial District Judges should make every effort to be available within the one hour time frame established by this protocol. Only in rare citcumstances such as a prolonged complex heating should the processing of a warrant be deferred to the on call uty Magisterial District Judge. If necessary, a criminal block could be interupted to permit he processing of a warrant, Whether the dofendant is taken before the Magisterial District Judge that issued the warrant or the on call duty Magisterial District Judge, the warrant shall be processed in accordance with Pa.R.Crim.P. No, 431(B)[&](C) as follows. B) Arrest Warrants Initiating Proceedings (1) When an arrest warrant is executed, the police officer shall either: (a) accept from the defendant a ‘signed guilty plea and the full amount of the fine and costs if stated on the warrant; (0) accept from the defendant a signed not guilty plea and the full amount of collateral if stated on the warrant; ot (© if the defendant is unable to pay, cause the defendant to be taken without unnecessary delay before the proper issuing authority. (@) When the police officer accepts fine and costs, or collateral under paragraphs (BCI) (@ or (b) the officer shall issue a receipt to the defendant setting forth the amount of fine and costs or collateral received and return copy ofthe receipt, signed by the defendant and the police officer, to the proper issuing authority. S|Page(3) When the defendant is taken before the issuing authority under paragraph OMe, (@ the defendant shall enter a plea; and (0) if the defendant pleads guilty, the issuing authority shall impose sentence, Ifthe defendant pleads not guilty, the defendant shall be given an immediate trial unless: () the Commonwealth is not ready to proceed, or the defendant ‘requests a postponement or is not capable of proceeding, and in any of these circumstances, the issuing authority shall reledse the defendant on recognizance unless the issuing authority hes reasonable grounds to believe that the defendant will not appear, in which case, the issuing authority may fix the amount of collateral to be deposited to ensure the defendant's appearance on the new date and hour fixed for trial; or i) the defendant's criminal record must be ascertained prior to trial as specifically required by statute for purposes of grading the offense charged, in which event 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 fix the amount of collateral to be deposited to ensure the defendant's appearance on the new date and hour fixed for trial, which shall be after the issuing authority's receipt of the required information. (ii) In determining whether it is necessary to set collateral and what amount of collateral should be se, the issuing authority shall consider the factors listed in Rule 523. The amount of collateral shall not exceed the full amount ofthe fine and costs. (iv) If collateral has been set, theissuing authority shall state in ‘waiting 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. (¥) If collateral is set and the defendant does not post collateral, the defendant shall not be detained without a trial longer than 72 hours or the close of the next business day ifthe 72 hours expires on a non-business day. (0) Ifthe dofendant is under 18 years ofage and cannot be given an immediate trial, the issuing authority promptly shall notify the defendant and defendant's parents, guardian, or other custodian of the date set for the 6|Page Eee eeesummary trial, and shall release the defendant on his or her own recognizance. (© Bench Warrants (1) When a bench warrant is executed, the police officer shall ether: (a) accept from the defendant a signed guilty plen and the full amount of the fine and costs if stated on the warrant; (b) accept from the defendant a signed not guilty ples and the full amount of collateral if stated on the warrant; (6) accept from the defendant the amount ofresitution, fine, and costs due as-specified in the warrant ifthe warrants for collection of restitution, fine, and costs after a guilty plea or conviction; or @ if the defendant is unable to pay, promptly take the defendant for a hearing on the bench warrant as provided in paragraph (C)(3)- (2 When the defendant pays the restitution, fine, and costs, or collateral pursuant to paragraph (C)(1), the police officer shall issu a receipt to the defendant setting forth the amount of restitution, fine, and costs recelved and return a copy ofthe receipt, signed by the defendant and the police offer, to the proper issuing authority. @) When the defendant does not pay the restitton, fine, and cost, or collateral, the defendant prompily shal be taken before the proper issuing authority when available pursumt to Rule 117 for a bench warrant hearing. The bench warrant hearing may be conducted using two-way simultaneous audio-visual communication. Since many of the magisterial district courts in the same sector have a good working selationship, this protocol gives discretion to the magisterial district court processing the ‘vamtant) on bebal€ of another magisterial district court to complete all the paperwork involved tn the processing of the warrant or have the magisterial distit court of origin complete the paperwork and send it to the defendant by mail, Another option would be for the magisterial “istrict court of origin to complete the paperwork while the defendant is present and transmit the paperwork to the on call uty Magisterial District Judge forthe defendant to sign prior to leaving. itis the intent ofthis protocol that if the on call duty Magisterial District Judge handles the processing of a warrant that requires a payment ‘determination hearing, he/she will actually ae payment determination hearing and not simply schedule it for aater date with the Magisterial District Jadge who issued the warrant, I is recognized in the circumstance where ease e a reasonable likelihood of imprisonment, a payment determination hearing cannot be held if the defendant invokes ‘his/her right to be represented by counsel. In that instance, the on weil duty Magisterial District Judge sball follow the procedure set forth in Pa.R.Crim.P, 456(0\(1- 5). ‘Ths, the scheduling ofa payment determination hearing inthe future with the Magisterial 7\PageDistrict Judge who issued the warrant should not be the default procedure for the handling of a warrant issued by another Magisterial District Judge and should only be used after the thoughtful analysis that the defendant faces the likelihood of imprisonment, Warrants originating from more than one Magisterial District Court - In the event that a defendant has been arrested on more than one warrant issued by different Magisterial District Judges, the individual may be taken before any Magisterial Disirict Judge who issued a wwenrant, That Magisterial District Judge shall conduct a hearing on all ofthe warrants on which the defendant was arrested. The Sheriff's Office, police office, person or agency authorized by law to serve warrants shall first contact the magisterial district court with the most issued ‘warrants to process all the warrants for the defendant. If that Magisterial District Judge cannot process the warrants within one hour ftom the time he/she was contacted, the Sherf's Office, police officer, person or agency authorized by law to serve warrants shall contact the Magisterial District Judge with the next most issued warrants for the defendant. Inthe event that no Magisterial District Judge who issued a warrant is avilable within one hour from the ime he/she sas contacted, the on call duty Magisterial District Judge for the sector of the Magisterial District Judge with the most issued warrants shall process all oustanding warrants against the defendant, Magisterial District Judges should make every effort tobe available within the one hour time frame established by this protocol. Only in rare circumstances such as a prolonged complex heating should the processing of a wartant be deferred to another Magisterial District Judge. 1f necessary, a criminal block could be interrupted to permit the processing of a warrant. Whether the defendant is taken before the Magisterial District Judge that ised the warrant or the on call duty Magisterial District Judge, the warrant shall be processed in accordance with PaR.Crim P, No. 431(B)&(C). Tfadefeadant who has warrants from more than one magisterial district court has money to apply to fines and cost, or apply as collateral, the Magisterial District Judge processing the ‘warrants has discretion to apply the defendant's money as he/she sees fit. When the processing ff warrants for a defendant issued from more than one magisterial district court requires the Magisterial District Judge to conduct a payment determination hearing, end the Magisterial District judge determaines the defendant is unable to pay in ful, be/she may order the defendant to pay in installments. Ifthe Magisterial District Judge does so, beshe shall detemmine bow uch the defendant is able to pay, and then divide that amount by the number of magisterial {district courts to which the defendant owes tnoney. For example, if the Magisterial District Tadge determines that a defendant is able to pay $75.00 per month and owes money to 3 magisterial district courts, Time Payment Orders shall be setup for §25.00/month per magisterial Gistict court. Ifa Magisterial District Judge determines the defendant is unable to pay in full, he/she shall not order that the defendant perform community service for another Magisterial District Judge. 8\PageThis protocol gives discretion to the magisterial district court processing the warrants on ‘behalf of another magisterial district court to complete all the paperwork involved in the processing of the warrants or have the magisterial district court() of origin complete the paperwork and send it to the defendant by mail, Another option would be for the magisterial district court(s) of origin to complete the paperwork while the defendant is present and transmit the paperwork to the on call duty Magisterial District Judge for the defendant to sign prior to leaving, Regardless of which processing method is used, there needs to be communication between the magisterial district court processing the warrants and the magisterial district court(s) of origin. Itis the intent of this protocol that ifthe on call duty Magisterial District Judge handles the processing of a warrant that requires # payment determination hearing, he/she will actually conduct a payment determination hearing and not simply schedule it for a later date with the Magisterial District Judge who issued the warrant, It is recognized in tho circumstance where there is a reasonable likelihood of imprisonment, a payment determination hearing cannot be held if the defendant invokes his/her right to be represented by counsel. In that instance, the on call duty Magisterial District Judge shall follow the procedure set forth in Pa.R.Crim.P. 456(c)(1- 3). Thus, the scheduling of « payment determination hearing in the future with the Magisterial District Judge who issued the warrant should not be the default procedure for the handling of a ‘warrant issued by another Magisterial District Judge and should only be used after the thoughtful analysis that the defendant faces the likelihood of imprisonment. Processing warrants using two-way simultaneous audio-visual communication with Lancaster County Prison — As defendants are committed to Lancaster County Prison, a background check for outstanding warrants involving the magisterial district courts is performed. If itis determined that there are outstanding warrants in any of the magisterial district courts, staff of Lancaster County Prison will notify the magisterial district court of origin as well as the Sheriff's Office by indicating the name of the defendant and the docket mumber(s) for the defendant, It is the responsibility of the magisterial district court of origin to schedule a video conference with the defendant to resolve the warrant(s) in accordance with PaR.Crim.P. 431(B)84(C). Magisterial District Judges should make every effort to address any outstanding warrants, involving an incarcerated defendant as soon as possible since the defendant’s incarceration status could change with little notification. If an incarcerated defendant is later transported to the Lancaster County Courthouse for a hearing and the Sheriff's Office determines that the warrants remain outstanding and the magisterial district court was previously notified, the Sheriff's Office will contact the magisterial district court of origin to resolve the warrant(s) in accordance with Pa. R.Crim.P. 431(B)8&(C) while the defendant is located at the Lancaster County Courthouse. Despite the best efforts of the magisterial district courts, Sheriff's Office and the Lancaster County Prison to resolve outstanding warrants while a defendant is incarcerated, there 9\Pagefrom Lancaster County Prison is imminent and the the Lancaster County Prison will send an email may be occasions where a defendant's release warrants remain outstanding, In those instances, to the magisterial district court of origin and the Sheriff's Office, Time permitting, the Sheriffs Office will add the defendant to the daily transport list and wpos arrival at the Lancaster County Courthouse, a video conference will be scheduled with the magisterial district court of origin to resolve any outstanding warrants prior to the release ofthe defndant. In the event the defendant is released prior to the outstanding warrant(s) being resolved, the Sheriff's Office can be provided with updated demographic and contac information from the Lancaster County Prison regarding the defendant. 10{PageFinancial Defendant Surrenders Him/Herself to the Magisterial District Court - ‘The Sheriff's Office of Lancaster County will be relying on new technological capabilities to maximize efficiencies in the service of warrants issued to their office after June 1, 2016. First and foremost, the Warrant Management System will automatically generate and sead letters to defendants notifying them that a warrant has ‘been issued and directing them to contact the magisterial district court to resolve the outstanding warrant. Based on the results of Westmoreland County, PA, who use a similar process, it is anticipated that as many as 80% of the outstanding warrants will be ‘resolved in this manner. ‘Additionally, the Sheriff's Office will be issuing “Green Cards”. directly to defendants, reeving them at their address or providing them to family members instructing them to contact the magisterial district court to resolve the outstanding warrant. Each letter that is generated and ‘each contact (or attempt to contact) that is made with the defendant will be recorded in the Sheriff's Warrant Management System. ‘Defendants will be directed to the magisterial district court and will be instructed to bring, the letter or card with them. Regardless of whether they. have the letter or card in their possession or not when they surrender themselves to the magisterial district cour, pursuant to a PSS. § 21111 the magisterial district court shall assess one $39.00 Warrant Service Fee pet ‘defendant payable to the Lancaster County Sheriff's Office, A fee of $59.00 per defendant would be applied to the case if the defendant was committed to Lancaster County Prison. 42. B.S. § 21111 Warrants and attachments For executing a process, warrant, afschment, decree, sentence or order of the court, issued {in court on a person or taking the defendant's body into custody, the party procuring the process, wit, order or decree or, ifthe Commonwealth is interested, the county, will pay the following fees: (1) Receiving, docketing and making return. (2) Bach Arrest. @) Each commitment to jail, correctional institution, place of detention pursuant to a lawful order. (4) Removing a person from any place of confinement pursuant to a lawful order. Forexample, when a defendant with 3 outstanding warants issued by the same magisterial district court surrenders him/herself to the magisterial district court, the Warrant Service Fee of $59.00 shall only be applied on one case, not on each of the3 cases. Iti important to remember that the Warrant Service Fee is to be applied as one fee per defendant, ‘All Warrant Service Fees in Traffic and Non-Trafic cases assessed by the magisterial digtrict courts shail NOT be referred to the County. Warrant Service Fees in Criminal and Miscellaneous Docket cases shall be referred to the County.-Any servet fee notice generated by the Magisterial District Judge System (MDIS) shall be provided to the Sheriff's Office. This 11|Pageprocess will permit the Lancaster County Controller's Office to accurately monitor the foes collected and paid to the Sheriff's Office. Monthly checks will be issued to the Lancaster County Sheriff's Office by the magisterial district courts as part of the end of month reconciliation process, Defendant is brought before the Magisterial District Court by Sheriff — Despite the best efforts to have defendants resolve outstanding warrants on their own, it is anticipated there will be instances where the Sheriff's Office will take custody of a defendant and transport the defendant to a magisterial district court in accordance with the procedures outlined in the Warrant Processing section of this protocol, If warrants are outstanding in one magisterial district court, the case assessmenis will be applied as if the defendant appeared in the magisterial district court on his own accord. One fee of cither $39.00 (not committed) or $59.00 (committed to Lancaster County Prison) should he applied to one of the cases. All Warrant Service Fees in Traffic and Non-Traffic cases assessed by the magisterial district courts shall NOT be referred to the County. Warrant Service Fees in Criminal and Miscellaneous Docket cases shall be referred to the County. Any server fee notice generated by the Magisterial District Judge System (MDIS) shall be provided to the Sheriff's Office, If there are multiple warrants outstanding from more then one magisterial district court, the applicable fee of either $39.00 (not committed) or $59.00 (committed to Lancaster County Prison) should he applied to one of the cases for each court, All Warrant Service Fees in Traffic and Non- Traffic cases assessed by the magisterial district courts shall NOT be referred to the County. Warrant Service Fees in Criminal and Miscellaneous Docket cases ghall be referred to the County, Any server fee notice generated: by the Magisterial District Judge System (MDIS) shall be provided to the Sheriff's Office. For example, a defendant is brought before Magisterial District Judge Smith who has 5 outstanding warrants, two were issued by Magisterial District Judge Smith and 3 were issued by Magisterial District Judge Brown. In this scenario, a fee of either $39.00 (aot committed) or $59.00 (committed to Lancaster County Prison) should he applied to one case where Magisterial District Judge Brown was the issuing authority, ‘The same fee would also be applied to one case where Magisterial District Judge Smith was the issuing authority, All Warrant Service Fees in Traffic and Non-Traffic cases assessed by the Magisterial District Courts shall NOT be referred to the County. Warrant Service Fees in Criminal and Miscellaneous Docket cases shall be referred tothe County. Any server fee notice generated by the Magisterial District Judge System (MDJS) shall be provided to the Sheriff's Office, Defendant is brought before the Magisterial District Court by a Constable — The Sheriff's Oifice has exclusive authority to forward for secvice a copy of any bench warrant or warrant of arrest to any police officer or agency authorized by lew to serve warrants, The Sheriff's Office will implement practices and procedures by which warrants are provided to Constables and for what periods of time. As such, there will be occasions when Constables will bbe appearing in the magisterial district courts to effectuate the service of warrants and those ‘warrants shall be processed in accordance with the Warrant Processing section of this ‘protocol. 12|PageAdditionally, the Lancaster County Sheriff's Office has been designated as the sole authority to approve payments to any police officer or agency authorized by law for any warrant secved after June 1, 2016, Constables will be therefore be submitting fee bills for the service of ‘warrants and returns directly to the Sheriff's Office. If a Constable requests that 1 Magisterial District Judge approve payment for the service of @ warrant that was issued after June 1, 2016, the Constable should be directed to submit their fees to the Sheriff's Office for payment. Constables will be paid for effectuating a warrant and the fees applied to the cases will be in accordance with 44 Pa.C.S.A. § 7161 (g) as follows: (@ Criminal cases.—Fees in criminal cases shall be as follows: (1) For executing each warrant of arrest or for effectuating the payment of fines and costs by attempting to execute each warrant of arrest, $25 for each docket number and $2.50 for each retum of service, plus mileage. (2) For taking custody of a defendant, $5 per defendant. (3) For conveyance of defendant to or from coutt, $5 per defendant, (4) For attendance at arraignment or hearing, $13. (5) For executing discharge, $5 per defendant. (6) For executing commitment, $5 per defendant. (7) For executing release, $5 per defendant. (8) For making retums to the court, $2.50, (9) Transporting each nonincarcerated defendant to jail, $17, plus mileage; transporting an incarcerated prisoner, $38 per prisoner, plus an hourly rate of $13 per hour, plus mileage. Computation of hourly rate will apply after the expiration of the first hour per prisoner per hour, not to exceed $26 per hour per constable, (10) Receipt of the fees for transporting a nonincarcerated defendant under paragraph (9) shall not exclude receipt of the fees under paragraphs (6) and (8) for that transport, (11) Receipt of the fees for transporting an incarcerated prisoner under paragr (9) shall exclude receipt of the fees under paragraphs (2), (3), (4) and (7) for the transport. (12) Actual mileage for travel by motor vehicle shall be reimbursed at the rate equal to the highest rate allowed by the Internal Revenue Service. If travel is by other than motor vehicle, reimbursement shall be for vouchered travel expenses. (13) For conveying defendants for fingerprinting, $17 per defendant, plus $13 per hour beyond the first hour per defendant per hour, not to exceed $26 per hour per constable, plus mileage. (14) For holding one or more defendants at the office of a magisterial district judge, $13 per hour per defendant beyond the first half hour. (15) For courtroom security as ordered, $13 per hour, assessed against one or more parties as determined by the court. : (16) In all eriminal cases wherein the defendant is discharged or indigent or the case is otherwise dismissed, the court shall assess to the county the fee provided in this section, except that, in cases of private criminal complaints where the defendant is discharged prior to the indictment or the filing of any information or the case is otherwise dismissed at the summary offense hearing, the court shall assess the fee to the affiant, \ 13|PageSince the Constables will be paid for the service of warrants by the Sheriff's Office, all ‘Warrant Service Fees where a Constable is the server shall be referred to the County and the Constable shall be provided with the Server Fee Notice generated by the MDJS. Warrants Executed via Video Conference (Constable or Sheriff) - To maximize efficiency and take advantage of available technology, itis anticipated that the use of video conferencing to execute warrants will significantly increase after June 1,2016. The Sheriff's Office currently have a video conferencing unit in their office and also have dedicated workstation so defendants can make payments via the PaEpay system, Cases processed using the video conferencing technology shall be assessed the same fees in the same manner es previously discussed in this protocol. Receipting monies through Electronic Transfer Payment - Through the increased ‘usage of video conferencing technology to conduct hearings with the magisterial district courts and interactions with defendants in the community, itis anticipated that the Sheriff's Office will be collecting fees from defendants on a regular basis. As such, it was imperative to design a ‘process to return these fees to the magisterial district courts ina timely fashion, ensure effective intemal controls are followed and create an efficient cost effective process for all involved, At the close of business on each day, the Sheriff's Office shall make a deposit into a bank account established by the Lancaster County Controller's Office. Additionally, the Sheriff's Office will provide a detailed breakdown of all monies received for the day to the Controller’s Office for reconciliation. The Controlter’s Office will reconcile each daily deposit and send each magisterial district court an email indicating all the monies collecting and the amounts to be credited to each account. Each magisterial district court will be notified by their respective banks when an clectronic transfer of funds into their checking accounts is rectived. Using online banking, magisterial district courts can confirm the amount of the electronic transfer is equal to the amount of the daily deposit. The process by which these monies are applied to ceses in the ‘MDIS is described in a detailed instruction guide attached to this protocol entitled Receipting Blectronic Transfer Payments from the Sheriff's Office. 14|PageADDENDUM A Issuing Warrants to the Lancaster County Sheriff using the export feature of MDJSamd smd) ISSUING WARRANTS TO THE LANCASTER COUNTY SHERIFF Effective June 1, 2016, Lancaster County will issue warrants (all Traffic and Non-Traffic Warrants as well as Criminal-Bench Warrants) to the Lancaster County Sheriff instead of issuing warrants to a specific Constable, Officer, or ORI. Issuing Summary and Criminal warrant(s) in batch from the ‘Warrant - Summary’ screen follows the same process as courts use today with a few exceptions as follows: ‘¢ The Agent the warrants) wl be Issued to is Lancaster County Sheriff (PA0360000)" ‘© Only (2) copy of the warrant will generate for each case, This wil be the File Copy. “This file willbe attached to an emall message and sent to ‘+The warrant(s) will then be exported to 2 the Sheriffs department, Also, since Criminal Bench Warrants are issued from within the case, issuing warrants from within the case will be the same process as courts use today; however, the exceptions listed above will also apply. 1. Select Case Admin > ‘Warrant from the Navigation Bar. The Warrant - Summary screen displays. sore” it ~ Lancaster County Warrants “page i of 6amd #ma} 2. Select the appropriate case(s) in the grid. 3, Click CREATE WARRANT(S). The Warrant Update - Add screen displays. 4, Complete the appropriate Status fields. 5, Select ‘Citing Authority’ from the | : Agent chevron and the 5 “Lancaster County Sheriff (PA0360000)' from the Agent drop-down lst. NOTE: If the Sheriff's Office is not already in the short list, perform a search, Click the Ellipsis icon. ‘Search for PA0360000 In the ORI field. 6. Click OK, The appropriate forms display in the Report Viewer. ROG te Hee Lancaster County Warrants«amdj 7, Click PRINT REPORT. The Print screen displays, 8, Select the appropriate printer. 9. Click PRINT. NOTE: Only the File Copy of each warrant Issued to ‘Lancaster County Sheriff will generate, NOTE: Bar codes display at the bottom of the warrant so the warrants can be scanned at the Sheriffs Office, nope ~~" Lancaster County Warrants Page 3 of 6amdjs 10. Click EXPORT REPORT. The Export Report screen displays. 11, Browse to the appropriate file folder and select It. NOTE: If you need to create a new folder, dick the NEW FOLDER button. 12. Enter the appropriate file name, NOTE: For example, @ recommended file name format is "5-19-16 - Sheriff Warrants - 02-2- 04", Adding the date and court number to the file name will be helpful for the Shertff's Office. 13, Select 'PDF (*.pdfy' for Save as type. 14, Click SAVE. The file will be saved to the appropriate folder, orc ~~ Tancaster County Warrants a8 pine Myoamdj 15, Open your email, create a new message and address it to ‘[email protected],pa.us. 16, For the Subject line, enter the name of the file that will be attached. 17, Click ATTACH. Browse to the folder where the Warrant file ‘was saved and select it, and lick OK. The attached file will appear below the subject line, 18, Click MORE COMMANDS > ‘SHOW MESSAGE OPTIONS. 19, Select the Request a read receipt checkbox. NOTE: It Is recommended that you use the ‘Request a read receipt" ‘option when sending the email so ‘you can confirm the warrant email was read by the Sheriffs Office, 20. Click OK. Message options Sensitivity Normal = Request a delivery receipt V._Requesta read receipt] Enerypl this message (S/MIME) Digtally sign tis rressage (S/MIME) ‘OPC Lancaster County Warrants:B Atach @ Acdcoe Once te @ stvmrancotacanerpace * x “agen ait it wa rateADDENDUM B Scanning and Sending Warrants and Supplemental Information to the Lancaster County SheriffSheriff Warrants Scan to Email instructions Load the warrant information in the top recelving tray of the copier face up. For best results please make sure that the papers are securely and neatly stacked. Cn the copier control panel choose the send option. When the light i It under the send option the screen will change to the ‘touch menu you need, From the touch meny choose the address book, From the address book menu choose the email address Sheriff Warrants as shown. If you have other entries in your address kook you may need to use the scroll button until you reach the desired address, *Note: make sure you choose the email address and not the fax address as Indicated by the Icons.‘When the transmission is complete the copier will print a confirmation. If the transmission was successful it wil look like the example shown. Next to the resutt you will see two dashes. ‘Next you will need to change the format of the email attachment to POF. Press the File Format button. Choose the POF button. *Note: do not choose the divide into pages option, Press the Start button. The paper will feed into the copier for scanning.ADDENDUM C Instructions to add e-mail addresses to address book of copierADDENDUM C Instructions to add e-mail addresses to address book of copierAdding E-Mail Addresse: s to the Copier @ It you want to access from the Additional Functions screen: I Q Press @ (Additional Functions) -> ' [Address Book Settings]. tra password has been set for the | ‘Address Book, enter the password using ! © - @ (rumaric keye) ~* press [OK). (Gee Chapter 4, "Setting the Send Functon,"in the Systam Settings Guide.) Q Press [Register Address]. © If you want to access using the Register key on the Address Book cm © Press(__@f__} (SEND) ~ [Address Book].O Press 3. 10 Press [Register Now Addrese]. Press [Register New Add].Enter the e-mail address (up to 120 characters) using the on-screen keyboard — press [Next]. Enter the register name (up to 16 characters) using the on-screen Keyboard — press [OK]. @ NOTE The first character of the register name is used for sorting the address list when you press keys such as [ABC] and [DEF] on the Address Book screen. 6 ; ___ Press [Done]. The display returns to the Register Address screen.ADDENDUM D Guilty Plea and Payment Determination Hearing Verification FormoNWEALTH OF PENNg oe MAGISTERIAL DISTRICT COURT DATE DOCKET #. NAME ADDRESS PHONE (__). DEFENDANT'S SIGNATURE: C NOT Guilty Plea, schedule a trial COLLATERAL $. O Guilty Plea New Payment Plan 1° PAYMENT DUE ON ff Q wontaty 1 oTHer. “ AMOUNT OF EACH PAYMENT §$. ‘TODAY'S PAYMENT $. MD) SIGNATURE: Completed for other court: MDJ__/__-__»___ Forwarding Date: f. j eeeceacein ADDITIONAL REMARKS:ADDENDUME Receipting Electronic Transfer Payments from the Sheriff's Officeamdjs RECEIPTING ELECTRONIC TRANSFER PAYMENTS FROM THE SHERIFF'S OFFICE When the Sheriff's Office receives payments for warrants issued to their ORI, the funds are electronically transferred and deposited into each court's bank checking account, This electronic deposit will typically occur once every day for the Lancaster courts. To enable the courts to receipt the payments on the MDJS cases, the Sheriff's Office will send a daily email to the Lancaster magisterial district courts. The email will contain a report with the electronic transfer tracking number and a list of cases along with payment amounts. To receipt the payments in the MDJS, the 'Bulk Check Processing’ screen will be used. Before, receipting the payments, the court staff person procassing the warrant payments must ensure there are no other payments in their Cashier Drawer since the warrant payments will need to be ina separate deposit. The separate deposit amount must match the total amount on the report recelved from the Sheriff's Office. If payments exist in your open Cashier Drawer, close your Cashier Session before entering the payments from the Sheriff's Office. Closing the open drawer will ensure that the Sheriff's payments are receipted in a separate Cashier Drawer. When you finish entering the Sheriff's payments, be sure to Close, Balance and Deposit the drawer containing the Sheriff's payments before you begin to receipt other payments. 1. Select Accounting > Bulk Check Processing from the Navigation Bar, The Burk Check Processing screen displays. a Lancaster County Warrants aa Page 1 of 7asmdijs 2. Click ADD. The Bulk Check - Add/Edit screen displays. 3, Begin typing the payor's name “Lancaster County Sheriff's Office’ (Participant Account Number; 2016-0615065) in the payor field and click OK. The payor's name alsplays in the Payor field. 4, Enter Recelpt Comments, if necessary. 5. Complete the appropriate Payment fields. 6, Select ‘Sheriff Warrant’ for the Source. 7. Click OK. The Bulk Check Processing screen displays. ope” Lancaster County Warrantssmdjs 8, Select the appropriate check in the top grid. NOTE: The Check Status displays as ‘In Progress." 9, In the Bulk Check Details section, enter the Docket Number and press [Tab]. The Docket Number displays in the field and the Short Caption and UDS Case Balance fields are populated. NOTE: If the Docket Number does not exist, the Find A Case screen ispays. 10, Enter the appropriate Applied Amount. 11, Click INSERT. The Bulk Check Details are added to the bottom grid, NOTE: To add additional Bulk Check Details, repeat Steps 8 - 10. 12. When the Total Applied Amount equals the Check Amount the Check Status displays in the top grid as Ready." Click PROCESS RECEIPT. The ‘The Selected Recelpt will be processed. Do you want to continue?" prompt displays. Click YES. The Bulk Check Processing Result screen displays. nope ~~ Ganeaster Caunty Warrants ~ Page dot7amdj 13. Click VIEW BULK CHK REPORT to print a report of all cases receipted. 14, Click PRINT REPORT. he Print screen displays. ‘nore | Lancaster County Warrants ~ Page 4 of 7amdjs 115. Complete the appropriate fields, NOTE: Printing the Current Page and changing the Number of ‘copies will print one copy for each file. 16. Click PRINT. 17. Click CLOSE to dose the Report Viewer, 18. Click CLOSE, The ‘An active warrant exists on this case that may need to be updated.' prompt dlsplays, Click OK. NOTE: Open each case to update the warrant. agpg ~ Lancaster County Warrants ~” Page 5 of 7amdj 1 . Click VIEW RECEIPTS, The Select Accounting > Cashier ‘Sessions from the Navigation Bar. The Cashler Session - Summary screen displays. Select the cashier drawer In the grid containing the Sherriff Office's receipts. Cashier Session - View Recelpt screen displays. Make sure these receipts match the payments listed in the report You receive from the Sheriff's Office. Click CLOSE. iz ~~” Lancaster County Warrants Page 6 of 7amd #mdg} 4, Click CLOSE SESSION. NOTE: The "This will ose the selected sessions(s). Do you want displays ih the Close Date/Time column, . Click BALANCE SESSION, The Cashier Session - Balance/Adjustment screen displays, Complete the screen. lick OK, 6. Click MAKE DEPOSIT, The Bank Account Deposit - Add screen 7. Select 'EFT' for the Deposit Method, 8, Enter the appropriate Deposit Transmittal No. 9% Click OK, The Deposit Listing displays in the Report Viewer. NOTE: Print the Deposit Listing | (MDJS 1300) and staple the report | from the Sherif's Office to it, File it for audit records. acre Lancaster County Warrants” Page 7 of 7ADDENDUM F Constable Criminal Summary Payment SheetLancaster County - Magisterial District Court CONSTABLE CRIMINAL SUMMARY PAYMENT SHEET DATE: Verde ae INVOICE # MDC _Xx0000 Vendor Name: Address Line 1: Address Line 2: City/Town: State/Province: Postal Zip. New Address? DOCKET # Laid NAME OF DEFENDANT CONTROLLER'S OFFICE’) TOTAL FEE PERFORMED ADJUSTMENTS | CHARGED —. MDC account #7376 A A114 00000 ‘TOTAL CLAIMED BY CONSTABLE Controller's Use Only: ‘LESS ADJUSTMENT ‘Contro! Group #_____. Handling Code: Reviewed By: TOTAL DUE CONSTABLE [ee] |, THE UNDERSIGNED CONSTABLE, CERTIFY THAT | PERFORMED THE ‘SERVICES LISTED ABOVE. | VERIFY THAT THE STATEMENTS MADE IN ‘THIS COST SHEET ARE TRUE AND CORRECT AND IN ACCORDANCE CLERKS INITIALS: WITH COUNTY POLICY. I UNDERSTAND THAT FALSE STATEMENTS MADE HEREIN ARE SUBJECT TO THE PENALTIES OF 18 PA C.S, 4904 MDC DISTRICT #: RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES AND GONFORM TO THE FEES AS PUBLISHED. DATE ‘CONSTABLE / DEPUTY CONSTABLE MDC APPROVAL FOR PAYMENT 106 Suemmary Porm REV 06-16 ROUTING: WHITE~-CONTROLER YELLOW-Woc PINK CONSTABLE COPYInstructions for completing the Lancaster County Constable Criminal Summary Payment Sheet Effective for Constable Services performed for the Magisterial District Courts on/or after June 1, 2016. ‘This Summary Payment sheet is a 3 part NCR form that replaces the Lancaster County Voucher Form. White Copy- Controller Yellow Copy -MDC Pink Copy - Constable ‘The following sections are completed by the Constable: Please press down and print leaibly. Vendor #, This 10 digit # is on file at the Controller's Office and is printed on the check stub. The leading zeroes of the vendor # do not need to be written in, The Controller's Office can complete if left blank. ‘vendor Name: Constable full name or business name, such as working as an LLC Remittance Address: Address for check to be mailed, (may not necessarily be home address), Docket #; Docket # as listed on the County of Lancaster Constable Criminal Payment Sheet * Date: Date service was performed. Name of Defendant: Full name ‘Total Fee charged: Each amount in this column must equal the total of the County of Lancaster Constable Criminal Payment Sheet (Canary copy) attached as supporting documentation — *This backup must be attached matching the total fee for the warrant served to the defendant. ‘Total claimed by Constable: This is the grand total of total fees listed on the invoice sheet and must ‘equal the total of all the constable criminal fee bills attached. We prefer that summary sheets total at least $100.00 before requesting the MDC's approval for payment. Signature line: Constable's signature and date turned into the MOC for approval. MDC Approval: The summary sheet must be signed by the MDC submitting to the Controller's Office for payment. The Controller's Office will continue to issue checks on Thursdays for summary payment sheets received by Mondays at 12:00 noon.