Luzerne Times

Sen. Lisa Baker (R-20) has introduced legislation to ensure fair distribution of service fees related to Protection from Abuse (PFA) orders in Pennsylvania. The bill aims to revise an outdated provision of the state’s Protection from Abuse Act, ensuring law enforcement agencies that serve PFA orders are appropriately compensated.

“PFA orders are a critical tool in safeguarding individuals from harm,” said Baker. “By ensuring that all law enforcement agencies are properly reimbursed, we are supporting their work and improving the process for everyone involved. This bill will ensure transparency, accountability and fairness in the handling of PFA orders across Pennsylvania.”

Under the current statute, when a court issues a PFA order, a $100 surcharge is levied against the defendant, with $25 of this fee allocated to the county sheriff for the service of the order. However, due to staffing shortages, local police departments and the Pennsylvania State Police often carry out the service of these orders. Despite this, the fee continues to be directed to the sheriff regardless of which agency performed the service.

“Police departments are stretched thin and as PFAs increase in the county it becomes cumbersome to get them served,” said Chief Doug Higgins of Dallas Township Police Department. “In the past, departments would serve PFAs after regular court hours, weekends and holidays. Recently, department have been serving PFAs around the clock, a job the sheriff used to do. With this new legislation, we will be able to regain some of the cost to local municipalities and state police.”

Baker’s legislation would amend the statute to clarify that the $25 fee should be distributed to whichever law enforcement agency serves the PFA order, ensuring that agencies like local police departments and Pennsylvania State Police are appropriately compensated for their efforts.

The need for change was highlighted following a 2022 audit by Luzerne County Controller’s Office which recommended that any law enforcement agency serving PFA orders other than sheriffs should invoice Sheriff’s Office for reimbursement. However, Luzerne County Division of Judicial Services and Records noted such invoicing is not currently allowed under Pennsylvania law as statute mandates service fee be paid exclusively to sheriff.

“I want to thank Sen. Baker for her steadfast approach to ensure law enforcement agencies are provided adequate funding for duties they perform,” said Walter L. Griffith Jr., Luzerne County controller. “All law enforcement agencies are dealing with funding and staffing issues and this legislation will help in providing funding for services provided across 67 counties in serving PFAs by law enforcement agencies previously not compensated for this critical needed service mandated by Pennsylvania Courts.”

CONTACT:

Jennifer Wilson