Cases | Danysh v. Dep¿t of Corrections, 845 A.2d 260 (Pa. Commw. Ct. 2004) | 2018
While the defendant was an inmate at a state correctional institution, he received notice that a set sum would be deducted monthly from his inmate account to pay restitution, fees, costs and fines to the trial court. After the deductions commenced, the defendant filed a motion with the trial court requesting that the deductions be stopped. The trial court issued an order directing that the deductions continue at the rate of 20 percent of the defendant’s monthly income, provided the account balance did not fall below $10. The defendant petitioned for review, arguing that it was improper for the deductions to include gifts that had been deposited into his inmate account. The Commonwealth Court of Pennsylvania sustained the preliminary objections of the Department of Corrections, noting that the deductions from the defendant’s account were expressly authorized by amendments to the Sentencing Code. The Legislature did not provide an exception for gifts placed in an inmate’s personal account.