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Rule 456 – Default Procedures: Restitution, Fines, and Costs

May 14, 2021 | Criminal Procedure, Pennsylvania

(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.

234 Pa. Code ยง 456

Amended by Pennsylvania Bulletin, Vol 45, No. 17. April 25, 2015, effective 4/25/2015
Amended by Pennsylvania Bulletin, Vol 49, No. 2. January 12, 2019, effective 1/12/2019

Committee Explanatory Reports:

Final Report explaining the new rule published with the Court’s Order at 27 Pa.B. 5414 (October 18, 1997) .

Final Report explaining the July 2, 1999 amendments to paragraph (C) published with the Court’s Order at 29 Pa.B. 3718 (July 17, 1999) .

Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court’s Order at 30 Pa.B. 1478 (March 18, 2000) .

Final Report explaining the August 7, 2003 changes to the Comment concerning failure to pay and juveniles published with the Court’s Order at 33 Pa.B. 4293 (August 30, 2003) .

Final Report explaining the March 3, 2004 amendment to paragraph (B) published with the Court’s Order at 34 Pa.B. 1561 (March 20, 2004) .

Final Report explaining the April 1, 2005 Comment revision concerning application of the Juvenile Court Procedural Rules published with the Court’s Order at 35 Pa.B. 2213 (April 16, 2005) .

Final Report explaining the September 21, 2012 Comment revision correcting the typographical error in the fourth paragraph published with the Court’s Order at 42 Pa.B. 6251 (October 6, 2012) .

Final Report explaining the January 17, 2013 revisions of the Comment concerning the Public School Code of 1949 published with the Court’s Order at 43 Pa.B. 656 (February 2, 2013) .

Final Report explaining the April 10, 2015 amendments concerning the setting of collateral published with the Court’s Order at 45 Pa.B. 2045 (April 25, 2015).