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Sweatt v. Dept. of Corrections

Department of Corrections (DOC) had a right to deduct costs, fines and restitution from inmate's account pursuant to his sentence even though statute relied upon by DOC was an amendment to the Sentencing Code that was passed subsequent to inmate's conviction; amendment was not penal in nature but simply provided a procedural mechanism for DOC to collect costs and fines.

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SUBMITTED: November 22, 2000

OPINION

George R. Sweatt (Petitioner) brings this action pro se *fn1 in the original jurisdiction of the Court seeking preliminary and permanent injunctions to enjoin the Department of Corrections (DOC) and its authorized personnel (Respondents) from deducting costs, fines and restitution from his inmate account pursuant to Section 9728(b)(5) of the Sentencing Code, as amended, 42 Pa. C.S. �9728(b)(5), and DOC Policy DC-DAM 005, entitled “Collection of Inmate Debts,” and requiring reimbursement of any monies seized from his account. Respondents filed preliminary objections alleging lack of proper service by Petitioner and demurring to Petitioner’s argument that the statute relied upon by DOC is unconstitutional and represents an ex post facto law.

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