P.F. Katonka v. PBPP King & Assoc., Inc.

Summary

The Pennsylvania Commonwealth Court considered an amended petition for a writ of mandamus filed by Paul Frank Katonka concerning payment for mandatory counseling required under Pennsylvania's Sexual Offender Registration and Notification Act. The court held that it lacked subject matter jurisdiction because the statute's reference to "the court" meant the sentencing court, not the Commonwealth Court. The matter was transferred to the Court of Common Pleas of Westmoreland County.

Holdings

1. The Commonwealth Court lacked original subject matter jurisdiction over Katonka's claim because SORNA II did not confer original jurisdiction on the Commonwealth Court to determine inability to pay mandatory counseling fees.
2. The 'court' referenced in 42 Pa.C.S. § 9799.70(a) is the sentencing court, here the Court of Common Pleas of Westmoreland County.

Questions Presented

1. Whether the Commonwealth Court had original subject matter jurisdiction over Katonka's mandamus petition seeking payment of mandatory counseling costs under 42 Pa.C.S. § 9799.70(a).
2. Which court is the court referenced in 42 Pa.C.S. § 9799.70(a) for determining whether a sexually violent predator cannot afford mandatory counseling fees.

Disposition

remanded