Sweatt v. Department of Corrections, 769 A.2d 574 (Pa. Commw. Ct. 2001)

Cases | Sweatt v. Department of Corrections, 769 A.2d 574 (Pa. Commw. Ct. 2001) | 2018

The defendant was an inmate at the State Correctional Institution at Huntingdon, serving an 18- to 60-month sentence for burglary. As part of his sentence, the defendant was ordered to pay restitution in the amount of $47.67 to the victim of the offense. The defendant sought to enjoin the Pennsylvania Department of Corrections from deducting costs, fines and restitution from his inmate account, arguing that, since his conviction took place two years before the Sentencing Code was modified, its provisions did not apply to him while he was incarcerated. The Department filed preliminary objections, arguing that the amendments to the Sentencing Code were not penal in nature. Instead, the amendments provided a procedural mechanism for the Department to collect court costs and fines. The court sustained the Department’s preliminary objections, finding that the defendant was liable for the sums deducted from his account when the modifications of the Sentencing Code were enacted. Thus, his case did not involve an impermissible retroactive application of the law.