S. Freemore v. DOC
231 A.3d 33
Pa. Commw. Ct.2020Background
- Shawn Freemore was convicted of first‑degree murder (Count I, life without parole), criminal conspiracy to commit homicide (Count II, 96–216 months to run consecutive to Count I), and tampering with evidence (Count IV). The sentencing order required payment of court costs for Count II.
- On May 31, 2019 the Department of Corrections notified Freemore it would deduct $667.50 in Act 84 costs and $60.00 for the Crime Victim Compensation (CVC) fund from his inmate account.
- Freemore grieved, arguing that because Count II is consecutive to Count I and he is still serving Count I, the Department must wait to collect Count II costs until Count II actually begins; the grievance was denied at facility and departmental appeal levels.
- Freemore filed a pro se petition in this Court seeking declaratory/injunctive relief to halt deductions. The Department filed preliminary objections asserting (1) lack of proper service and (2) demurrer that a consecutive sentence does not defer monetary obligations.
- The Court overruled the service/jurisdiction objection but sustained the demurrer: holding Act 84 and DC‑ADM 005 authorize immediate collection absent an express court order deferring payment, and dismissed Freemore’s petition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Service of process | Petition mailed from prison; postage deducted as proof | Petition not properly served | Court found service sufficient and overruled jurisdictional objection |
| Timing of collection for consecutive sentence | The sentencing order makes Count II costs payable only when Count II is served | Act 84 and DC‑ADM 005 allow the Dept. to collect immediately unless the sentencing order expressly defers payment; public policy favors prompt collection | Court held Dept may collect now; no legal basis to delay collection until Count II commences |
Key Cases Cited
- Russell v. Donnelly, 827 A.2d 535 (Pa. Cmwlth. 2003) (Act 84 permits departmental collection of court‑ordered costs after notice and grievance opportunity)
- Bundy v. Wetzel, 184 A.3d 551 (Pa. 2018) (Dept. authority under Act 84 to deduct inmate funds affirmed)
- Dep’t of Corr. v. Tate, 133 A.3d 350 (Pa. Cmwlth. 2016) (CVC fund deductions from inmate accounts are statutorily authorized)
- Sweeney v. Lotz, 787 A.2d 449 (Pa. Cmwlth. 2001) (obligation to pay costs exists whether incarcerated or not)
- Boyd v. Pa. Dep’t of Corr., 831 A.2d 779 (Pa. Cmwlth. 2003) (DC‑ADM 005 implements Act 84 collection procedures)
- Torres v. Beard, 997 A.2d 1242 (Pa. Cmwlth. 2010) (standard for deciding preliminary objections/demurrer)