Administrative Office of Pennsylvania Courts

1
Administrative Office of Pennsylvania Courts

• Prothonotaries and Clerks of Courts Conference
• Asked Answered
• July 8, 2008

2
Asked Answered

• Compiled a list of frequently asked questions and
  the answers based on
• Common help desk phone calls
• Review of topics in recent CPCMS Updates
• Topics covered during Advanced Training Workshops
• Issues identified by trainers
• Review these items and implement changes where
  necessary to further improve the overall quality
  of your countys CPCMS data.

3
What are the new assessments associated with the
CJEA and when do I use them? (p. 3)

• There are two new assessments associated with the
  Criminal Justice Enhancement Account (CJEA)
• CJEA (Act 30 of 2007)
• Cost of Prosecution CJEA

4
CJEA (Act 30 of 2007) - A fine applied for the
following Title 18 offenses occurring on or after
November 10, 2007

• Chapter 41 related to forgery and fraudulent
  practices other than summary offenses under
  section 4105 (bad checks)
• Chapter 47 related to bribery and corrupt
  influence
• Chapter 49 Subsection A related to perjury and
  falsification in official matters
• Chapter 57 related to wiretapping and
  electronic surveillance
• Chapter 76 related to computer offenses

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CJEA (Act 30 of 2007)

• This fine amount can be anywhere between the
  minimum and maximum fine amount of the statute.
• This assessment type redistributes the statutory
  fine for these offenses to the new Criminal
  Justice Enhancement Account Commonwealth fund.
• Do not create a second fine for these offenses.

6
Cost of Prosecution CJEA a 50 cost/fee
assessment that is added to a case anytime a
defendant

• Accepts an ARD
• Is convicted, or enters a guilty plea or nolo
  contendere to any Title 18 offense that is graded
  as a felony, misdemeanor 1 or misdemeanor 2
• Is convicted, or enters a guilty plea or nolo
  contendere to a violation of Title 35 Section
  780-113(a)(16).

7
What is the proper procedure to use when issuing
a warrant for a case brought up from the MDJ? (p.
9)

• The procedure depends on the circumstances
• Request for Issuance of Bench Warrant
• Request for Issuance of Arrest Warrant creation
  of MD Fugitive from Justice case

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Request for Issuance of Bench Warrant

• When the defendant has received notice yet failed
  to appear for their preliminary hearing, the
  defendant is deemed to have waived his/her right
  to be present at the preliminary hearing and the
  case is to proceed in the same manner as if the
  defendant was present.
• If the preliminary hearing is conducted and the
  case is held for court, the newly amended Rule
  543(D)2)(b)(i) and (ii) indicates that the court
  may request that the Court of Common Pleas issue
  a bench warrant for the defendant.

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Request for Issuance of Bench Warrant form (AOPC
A421-07)
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Fugitive from Justice

• When a defendant is not able to be arraigned
  before an MDJ because service of the arrest
  warrant was unsuccessful, the MDJ arrest warrant
  will be cancelled and the case will be sent to
  the Court of Common Pleas.
• New Request for Issuance of Arrest Warrant form
  (AOPC A613-08) has been added to the MDJS system.
  
• Upon receipt at Common Pleas, a new Miscellaneous
  (MD) Fugitive from Justice case should be
  created.
• An arrest warrant must be issued in CPCMS.

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Miscellaneous Fugitive from Justice case
creation
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My Sheriffs Department tells me that our
warrants are not showing in NCIC and CLEAN and
they should be. Why might this be happening? (p.
11)

• New initiative allows CPCMS warrants to be
  automatically entered into NCIC/CLEAN.
• When a warrant is placed in an Issued status,
  the warrant data is transmitted to NCIC/CLEAN.
• When a warrant is updated to cancel or close the
  warrant, data is again transmitted to NCIC/CLEAN.
  
• Note If your county is not using electronic
  signatures, warrants should be placed in a status
  of Printed until the warrant has been signed by
  a Judge. After it is signed, the warrant status
  should be updated to Issued.

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CPCMS interface with NCIC/CLEAN

• The New warrant exchange will only work for
  warrants issued on cases initiated by the new
  criminal complaint.
• Warrants issued or updated on cases created prior
  to the use of the new criminal complaint will
  still need to be manually updated in NCIC/CLEAN.
• The original issuing authority will be notified
  of any failures to load the warrant data into
  NCIC/CLEAN.

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Required fields for automatic entry of warrant
data

• Issued to Arresting Agency the warrant is being
  issued to. This must correspond to a valid ORI.
• Warrant Subject Defendant or warrant subjects
  name
• Police Incident Number
• Sex, Race, Height, Weight
• NCIC Offense Code
• NCIC Features
• NCIC Cautions

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Common Errors during the transfer process

• Bench warrants issued to Probation Officers
  Probation Officers need to be associated to an
  ORI for these warrants to transfer electronically
  to NCIC/CLEAN.
• Complaint/Incident Number not listed
• Defendants name in an invalid format
• Height and/or weight is missing
• Quick Reference Guide Required fields on new
  Criminal Complaint

16
Reminder about Public Access Requests and ability
to view criminal case information on the public
web portal (p. 28)

• Reminder that information recorded on criminal
  court cases is made available to the public via
  the public web portal and public access requests
  for information.
• Remember to exclude any non-public data when
  entering text and comments in docket entries
• Victim names and addresses
• Social Security Numbers
• Other personal information

17
Public access (continued)

• Several dispositions in CPCMS indicate that
  jurisdiction has changed from criminal court to
  juvenile court. When the following dispositions
  are used, it is advised that the primary
  participant record be marked as Juvenile to
  prevent public access to this information
• Transferred to Juvenile Division
• Transferred to Another Juvenile Court
• Transferred to Family Court

18
Juvenile Participant

• To mark a participant record as Juvenile,
  navigate to Case ? Case Details ? Participants
  tab. Select the Juvenile participant in the grid,
  click EDIT and check the Juvenile checkbox.

19
DL Processing Changes

• York County Electronic DL pilot
• Changes to CPCMS to accommodate electronic
  transmission of DL data
• These changes will be released this weekend and
  will be referenced in a CPCMS Update document on
  Monday, July 16th.

20
DL Processing Changes

• Total Time Incarcerated information was
  previously collected on the Form Criteria screen
  at the point of printing the DL-21CF form.
• This information will now be collected on the
  Sentence Acts screen when Act 151 is selected.
• Entering Act 151 information populates the DL-21
  in Section F, Sentencing Information and the
  DL-21CF in Section D, Prison Information.

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DL Processing Changes
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DL Processing Changes

• For Act 122, the Sentence Acts screen will
  allow you to enter the Compliance Date.
• This information populates the DL-21 in Section
  E, Treatment Ordered and the DL-21CF in Section
  C, Treatment Information.

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DL Processing Changes
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DL Processing Changes

• For any DL forms processed after this change is
  released, the new values on the Sentence Acts
  screen should be used.
• DL forms that have already been printed do not
  need to be revised.

25
DL Processing Changes

• In anticipation of sending electronic DL data to
  PennDOT for all counties, you will no longer be
  able to Edit a DL from the DL Summary screen once
  it has been printed.
• In order to change the data, navigate to the DL
  History screen, remove the DL, make the necessary
  changes, and reprint.
• If the electronic nightly DL process has already
  been run, you will instead need to file an
  Amended DL. You will not be able to remove these
  from the DL History screen.

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Upcoming New User Classes

• New User Clerk of Courts training August
  12 15
• New User Fiscal training September
  10 12
• New User Payment Plans Enforcement October 21
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