NEWS
Montgomery County Office of Communications
Court House, Norristown, PA, Box 311, 19404-0311
Phone : 610-278-3061 Fax : 278-5959
Commissioners : James R. Matthews Chairman, Thomas Jay Ellis, Esq., Ruth S. Damsker
RELEASE: 07/27/04 PR#04-23
MONTGOMERY COUNTY SUES DEPARTMENT OF CORRECTIONS FOR COST OF PROSECUTIONS
Montgomery County, along with 20 other counties that have at least one state prison within their borders, filed suit Tuesday against the Pennsylvania Department of Corrections in Commonwealth Court.
The counties are seeking to recoup the cost of prosecuting criminals who commit additional crimes while they are incarcerated in state prisons.
State law had previously permitted the host county to bill the county where the inmate had originally been sentenced for those costs. That law was changed in 2000 to place the burden for the cost of prosecuting state inmates on the state Department of Corrections.
The Department of Corrections erroneously determined that the law only applies to the cost of prosecuting inmates who escape confinement and has refused to pay any other cost of prosecution. In Montgomery County alone this situation has resulted in unpaid bills of approximately $65,000.
The lawsuit is seeking a declaration from the Commonwealth Court that the Department of Corrections is responsible for the cost of prosecuting state prisoners for all crimes they commit while already incarcerated.
“We were frankly surprised at the Department of Corrections’ misreading of its clear statutory obligation,” Montgomery County solicitor Barry M. Miller said.
“We are confident that the Commonwealth Court will agree with the 21 counties involved that the Department of Corrections bears the obligation to pay for the cost of prosecuting all crimes committed within state prisons,” he said.
A copy of the complaint is posted on the Montgomery County Web site at: DeclaratoryJudgment7-26-04.pdf
For additional information, contact Montgomery County solicitor Barry Miller at (610) 278-3033
