Commonwealth v. Kargbl, 61 Pa. D. & C.4th 129 (2003)

Cases | Commonwealth v. Kargbl, 61 Pa. D. & C.4th 129 (2003) | 2018

After a jury convicted the defendant on several counts, he was ordered to make restitution to his victims. After being imprisoned in a state correctional facility, the defendant filed a motion to stop the Department of Corrections (Department) from deducting 20 percent of his prison earnings from his inmate account. The Common Pleas Court of Lehigh County, Penn., dismissed the motion, finding that jurisdiction to review the actions of the Department is vested in the Commonwealth Court of Pennsylvania and not in the court of common pleas. The Department had initiated the deductions, pursuant to the Sentencing Code and a policy statement issued by the Department and setting out the procedures for collecting money from inmate accounts for restitution. The common pleas judge had no jurisdiction over the actions of the Department acting pursuant to the Sentencing Code, including the Department’s actions in adopting policies, such as the one at issue in this case.