Buck v. Beard

*705DISSENTING OPINION BY

Judge FRIEDMAN.

I respectfully dissent. First, I disagree with the majority that section 9728(b)(5) of the Sentencing Code1 authorizes the Department of Corrections (Department) to determine an inmate’s ability to pay court-ordered fines, costs or restitution. Second, I disagree with the majority that section 9730(b) of the Sentencing Code 2 does not apply to inmates. Third, I must dissent because the majority has ignored the law governing preliminary objections by failing to accept as true, and by failing to address, Buck’s allegation that the Department has deducted 20%…