Montgomery County v. Department of Corrections

Dissenting Opinion by

Judge SMITH-RIBNER.

I respectfully dissent from the majority’s interpretation of the statute at issue, Section 2(b) of the Act of July 22, 1913, P.L. 912 (1913 Act), as amended, 61 P.S. § 2151(b), as amended by Section 1 of the Act of December 20, 2000, P.L. 770 (Act 107). The majority concludes that a phrase in Section 2(b) of the 1913 Act, as amended by Act 107, requires the Commonwealth to bear the costs of the trials for all crimes and offenses committed on the grounds or within the buildings of the state penal or correctional institution, regardless of whether the…