PRINTER'S NO. 2060
No. 1658 Session of 1997
INTRODUCED BY MAYERNIK, READSHAW, MARKOSEK, KAISER, BROWN,
BELARDI, HERSHEY, GODSHALL, LAUGHLIN, GIGLIOTTI, FAIRCHILD,
McNAUGHTON, WOJNAROSKI, HALUSKA, DALLY, DeLUCA, ORIE, TIGUE,
LYNCH, ARGALL, DENT, CASORIO, SEYFERT, ROBERTS, PLATTS,
SEMMEL, BATTISTO, DALEY, ARMSTRONG AND STERN, JUNE 11, 1997
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 11, 1997
AN ACT
1 Requiring inmates in State and county prisons to make
2 reimbursement for room and board costs; imposing fees for
3 certain medical services provided to inmates; requiring
4 inmates to make restitution for damage to certain property;
5 and establishing procedures relating to funds of inmates.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Short title.
9 This act shall be known and may be cited as the Prisoner
10 Reimbursement Law.
11 Section 2. Persons required to make reimbursement.
12 The following persons may be required to provide
13 reimbursement for room and board costs:
14 (1) All inmates who receive credit for time served in
15 State and county prisons located in this Commonwealth.
16 (2) All inmates who participate in a State or county
17 prison work release program.
18 (3) All inmates who are serving sentences in a State or
1 county prison for a parole violation.
2 Section 3. Amount of reimbursement.
3 (a) General rule.--Persons who are committed to a State or
4 county prison located in this Commonwealth after the effective
5 date of this act may be responsible for paying a per diem as
6 reimbursement of room and board costs.
7 (b) Recommitted persons.--Persons who are recommitted and
8 receive a new sentence, regardless of the county, may be
9 responsible for paying a per diem which is increased by $5 per
10 day for each confinement period after the first, not to exceed
11 the prison's actual per diem.
12 (c) Information provided to inmates.--All inmates shall
13 receive written information about the room and board costs
14 program during their orientation.
15 Section 4. Payment of room and board.
16 (a) Work release participants.--Fees charged to an inmate
17 under sections 2 and 3 shall be deducted from each paycheck
18 while the person is incarcerated. Upon discharge, the inmate may
19 be billed for the balance of incarceration days which had not
20 previously been paid.
21 (b) Other inmates.--Upon discharge, an inmate charged fees
22 under sections 2 and 3 shall be billed for each day spent in the
23 State or county prison for which they have received credit,
24 including all presentence time. The inmate may arrange for an
25 installment payment plan with the prison. If the installment
26 payments are not timely made, the prison may assign the inmate's
27 account to an agency for collection.
28 (c) Voluntary payment.--Each inmate charged fees under
29 sections 2 and 3 shall be afforded the opportunity to
30 voluntarily begin paying room and board costs during
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1 incarceration. Upon request, an installment payment plan shall
2 be established.
3 (d) Effect of recommitment.--If an inmate is recommitted,
4 the inmate may also be required to pay any balance on fees
5 charged under sections 2 and 3 which remain from a prior
6 commitment.
7 Section 5. County inmate fees for medical care.
8 (a) Declaration of policy.--The fees imposed under this act
9 are not designed to dissuade inmates from obtaining health care
10 for legitimate complaints, but are meant to instill
11 responsibility among inmates in the use of prison services. Many
12 inmate medical complaints are frivolous or unfounded, and the
13 fees are meant to assist in identification of these types of
14 complaints, as well as to partially defray the administrative
15 costs of screening for the use of nonessential services.
16 (b) Sick call.--Inmates may be charged an administrative fee
17 for a medical evaluation by the nursing staff.
18 (c) Nonprescription medication.--A charge for over-the-
19 counter medication prescribed as treatment by prison medical
20 staff, which is also available through the prison commissary,
21 may be deducted from the inmate's commissary account at the
22 prevailing commissary rate.
23 (d) Prescription drugs.--There shall be no charge for
24 prescription medication.
25 (e) Supply of medication.--The medical department shall
26 maintain a supply of over-the-counter drugs and issue
27 appropriate quantities to an inmate, if deemed necessary for
28 treatment.
29 (f) Referral to physician.--
30 (1) Inmates referred to a physician by the nursing
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1 staff, after initial diagnosis at sick call, may not be
2 charged a fee to see a physician.
3 (2) Inmates who are not referred to a physician after
4 initial screening by the nursing staff but who demand to see
5 a physician may be charged a fee for this privilege, unless
6 the physician later determines that the inmate should have
7 been referred at the initial screening.
8 (g) Exceptions for essential medical services.--No fees
9 shall be charged for any essential medical services as defined
10 by the institution's medical staff.
11 (h) Injury resulting from criminal activity.--Evaluation for
12 treatment of an injury resulting from an inmate's criminal
13 activity or activity in violation of a prison policy shall not
14 constitute a medical emergency and may be a chargeable service.
15 (i) Denial of care prohibited.--
16 (1) An inmate shall never be denied care for legitimate
17 medical complaints requiring essential medical care.
18 (2) An inmate shall never be denied the right to have
19 medically trained personnel determine whether an inmate needs
20 medical attention, even when nonmedically trained staff
21 believes that the complaint is frivolous.
22 Section 6. County prison medical fee billing.
23 (a) Completion of form.--When a medical fee is to be charged
24 under section 5, the medical department staff shall complete a
25 medical/administrative service fee form for all chargeable
26 services provided. The inmate shall sign at the time services
27 are provided.
28 (b) Refusal to sign.--Should an inmate refuse to sign the
29 medical service fee form, a notation of this fact shall be made
30 on the form.
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1 (c) Deduction of fees.--All fees charged under section 5
2 shall be deducted in full from the inmate's account. If
3 necessary a negative balance may be maintained. The conditions
4 for collection of moneys when negative balances exist are as
5 follows:
6 (1) Fifty percent of all incoming funds deposited into
7 an inmate's account, regardless of the source, shall be
8 credited to a negative balance, and the remainder shall be
9 credited to the inmate's account for personal use. This
10 procedure shall continue until the inmate's negative balance
11 is satisfied.
12 (2) At discharge any available funds from an inmate's
13 account shall be credited toward the inmate's negative
14 balance, if any, prior to issuing the inmate a discharge
15 check.
16 (3) All remaining negative balances after discharge may
17 be maintained on the inmate's permanent record. If the inmate
18 is recommitted, the inmate may be required to pay any
19 negative balance as provided for in paragraphs (1) and (2).
20 Section 7. Work release moneys.
21 Inmates in work release programs shall deposit all payroll
22 checks into the inmate work release account. The funds may be
23 used to pay the following financial obligations:
24 (1) Fines and costs imposed by the court.
25 (2) A daily room and board fee.
26 (3) Support payments as determined by the domestic
27 relations office.
28 (4) A weekly fee for drug and alcohol screening and
29 treatment.
30 (5) Payment against any negative balance on the inmate's
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1 account.
2 Section 8. Restitution for damages.
3 (a) Abuse or misuse of prison property.--Inmates who have
4 been found as a result of disciplinary procedures to have
5 intentionally abused or misused prison property shall be
6 responsible for restitution for any damage.
7 (b) Assessment of damages.--The extent of damages and the
8 cost of repair shall be established by the prison's director of
9 maintenance. Upon determination of the amount of damages, funds
10 shall be deducted from the inmate's account until restitution
11 has been made. If necessary, a negative balance may be
12 maintained. Collection of moneys when negative balances exist
13 shall be in accordance with section 6(c) regardless of whether
14 the inmate is a State or county inmate.
15 Section 9. Accountability of prison.
16 (a) Inmate moneys.--All inmate moneys shall be securely held
17 in a designated area.
18 (b) Monthly report.--A monthly report of inmate account
19 activity shall be supplied to the appropriate prison board in
20 the case of county prisons and to the Secretary of Corrections
21 in the case of State prisons.
22 (c) Annual audit.--All inmate financial accounts and
23 procedures shall be audited annually. The results of the audit
24 shall be forwarded to the appropriate prison board in the case
25 of county prisons and to the Secretary of Corrections in the
26 case of State prisons.
27 Section 10. Effective date.
28 This act shall take effect in 60 days.
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