Montgomery County v. Department of Corrections

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 during an escape. We must decide whether a recent legislative amendment shifted the burden of paying these costs from the sentencing…