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MONTGOMERY COUNTY v. DEPT. OF CORRECTIONS

879 A.2d 843 (2005)

MONTGOMERY COUNTY, Allegheny County, Cambria County, Centre County, Clearfield County, Crawford County, Cumberland County, Delaware County, Erie County, Fayette County, Greene County, Huntingdon County, Indiana County, Luzerne County, Lycoming County, Mercer County, Northumberland County, Schuylkill County, Somerset County, Wayne County and Westmoreland County, Petitioners v. DEPARTMENT OF CORRECTIONS of the Commonwealth of Pennsylvania, Respondent.

Commonwealth Court of Pennsylvania.

Decided July 22, 2005.

As Amended August 4, 2005.

Attorney(s) appearing for the Case

Philip W. Newcomer, Norristown, for petitioners.

Michael A. Farnan, Chief Counsel, Camp Hill, for respondent.

BEFORE: COLINS, President Judge, SMITH-RIBNER, Judge, PELLEGRINI, Judge, LEADBETTER, Judge, COHN JUBELIRER, Judge, SIMPSON, Judge, and LEAVITT, Judge.

OPINION BY Judge COHN JUBELIRER.

In this original jurisdiction action, numerous counties in which state correctional institutions are located (collectively, Petitioners) seek a declaratory judgment that the Department of Corrections (DOC) is obligated to pay for the costs of prosecution of inmates arising out of "crimes and offenses committed on the grounds or within the buildings of any State penal or correctional institution," whether or not they were committed...

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