Smith, R., Aplt. v. AG

IN THE SUPREME COURT OF PENNSYLVANIA
MIDDLE DISTRICT
ROBERT SMITH, : No. 61 MAP 2018
:
Appellant : Appeal from the Order of the
: Commonwealth Court at No. 420 MD
: 2018 dated September 27, 2018
v. :
:
:
ATTORNEY GENERAL, JOSH SHAPIRO, :
HEAD OF DEPARTMENT OF :
CORRECTIONS, JOHN WETZEL, AND :
SUPERINTENDENT OF SCI-BENNER, :
ROBERT MARSH, :
:
Appellees :
ORDER
PER CURIAM DECIDED: June 18, 2019
AND NOW, this 18th day of June, 2019, the Order of the Commonwealth Court is
REVERSED. Bundy v. Wetzel, 184 A.3d 551 (Pa. 2018) (holding that, to satisfy an
inmate’s right to due process, before the Department of Corrections (“DOC”) can begin
deducting funds from an inmate’s prison account for purposes of Act 84, it must inform
the inmate of: (1) his financial liability; (2) the DOC’s policy for deducting funds from
prisoner accounts, and (3) his right to object to the application of the DOC’s policy to his
account); Petition to Stop 20% Deduction for Court Costs, Fines and Restitution from Gifts
from Family and Friends, and the Return of Money Pursuant to 42 Pa.C.S.A. § 8127,
6/6/2018, at ¶2 (averring that, upon Appellant’s confinement, the DOC began deducting
funds from Appellant’s prison account “without notification”). The matter is REMANDED
for further proceedings.