PRIOR PRINTER'S NOS. 2167, 2466 PRINTER'S NO. 2543
No. 1744 Session of 1997
INTRODUCED BY BIRMELIN, BATTISTO, CLYMER, OLASZ, BELARDI,
PHILLIPS, HENNESSEY, MARSICO, B. SMITH, ORIE, GODSHALL,
MASLAND, LYNCH, DALEY, M. N. WRIGHT, FLEAGLE, COY, STABACK,
WILT, GEIST, WAUGH, ROONEY, PLATTS, KENNEY, RAYMOND, ALLEN,
BROWN, FICHTER, BOSCOLA, MELIO, READSHAW, DeLUCA, SERAFINI,
BROWNE, BAKER, HUTCHINSON, S. H. SMITH, NICKOL, BARD, FARGO,
MAITLAND, SAYLOR, LEDERER, HARHART, TRELLO, DALLY, SANTONI,
HESS, BENNINGHOFF, STERN, ADOLPH, TRUE, DRUCE, LEH, MILLER,
WALKO, ARMSTRONG, ITKIN, ROHRER, E. Z. TAYLOR, EGOLF,
JOSEPHS, STEELMAN, SEYFERT, McNAUGHTON, CALTAGIRONE, ROBERTS,
RAMOS, THOMAS AND YOUNGBLOOD, SEPTEMBER 3, 1997
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 29, 1997
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 collection of restitution, reparation, fees, costs, fines and
4 penalties and; PROVIDING FOR IMMUNITY FROM SUIT IN CONNECTION <--
5 WITH CERTAIN ACTIONS RELATED TO ENVIRONMENTAL LAW OR
6 REGULATION; AND FURTHER PROVIDING for record requirements.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Sections 8127(a), 9728 and 9730.1 of Title 42 of <--
10 the Pennsylvania Consolidated Statutes are amended to read:
11 SECTION 1. SECTION 8127(A) OF TITLE 42 OF THE PENNSYLVANIA <--
12 CONSOLIDATED STATUTES IS AMENDED TO READ:
13 § 8127. Personal earnings exempt from process.
14 (a) General rule and exceptions.--The wages, salaries and
15 commissions of individuals shall while in the hands of the
1 employer be exempt from any attachment, execution or other
2 process except upon an action or proceeding:
3 (1) Under 23 Pa.C.S. Pt. IV (relating to divorce).
4 (2) For support.
5 (3) For board for four weeks or less.
6 (3.1) For damages awarded to a judgment creditor-
7 landlord arising out of a residential lease upon which the
8 court has rendered judgment which is final. However, the
9 amount subject to attachment shall have deducted from it any
10 security deposit held by the judgment creditor-landlord and
11 forfeited by the judgment debtor-tenant under section 511.1
12 of the act of April 6, 1951 (P.L.69, No.20), known as The
13 Landlord and Tenant Act of 1951, unless the security deposit
14 has been applied to payment of rent due on the same premises
15 for which the judgment for attachment has been entered. The
16 judgment creditor-landlord shall have the burden of proving
17 that such security deposit has been applied to payment of
18 rent due on the premises herein described. The sum attached
19 shall be no more than 10% of the net wages per pay period of
20 the judgment debtor-tenant or a sum not to place the debtor's
21 net income below the poverty income guidelines as provided
22 annually by the Federal Office of Management and Budget,
23 whichever is less. For the purposes of this paragraph, "net
24 wages" shall mean all wages paid less only the following
25 items:
26 (i) Federal, State and local income taxes.
27 (ii) F.I.C.A. payments and nonvoluntary retirement
28 payments.
29 (iii) Union dues.
30 (iv) Health insurance premiums.
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1 (3.2) In the case of wage attachment for damages arising
2 out of a residential lease, to implement the wage attachment,
3 the judgment creditor-landlord shall comply with the
4 Pennsylvania Rules of Civil Procedure and any applicable
5 local rules. The judgment of the district justice, magistrate
6 or any other court having jurisdiction over landlord and
7 tenant matters or a judgment before the court of common pleas
8 shall reflect that portion of the judgment which is for
9 damages arising out of a residential lease.
10 (4) Under the act of August 7, 1963 (P.L.549, No.290),
11 referred to as the Pennsylvania Higher Education Assistance
12 Agency Act.
13 (5) For restitution to crime victims, costs, fines or
14 bail judgments pursuant to an order entered by a court in a
15 criminal proceeding.
16 * * *
17 SECTION 2. TITLE 42 IS AMENDED BY ADDING A SECTION TO READ: <--
18 § 8340.1. ENVIRONMENTAL LAW OR REGULATION.
19 (A) GENERAL RULE.--A PERSON WHO ACTS IN FURTHERANCE OF THE
20 PERSON'S RIGHT OF PETITION OR FREE SPEECH UNDER THE CONSTITUTION
21 OF THE UNITED STATES OR THE CONSTITUTION OF PENNSYLVANIA IN
22 CONNECTION WITH AN ISSUE RELATED TO ENFORCEMENT OR
23 IMPLEMENTATION OF ENVIRONMENTAL LAW OR REGULATION SHALL BE
24 IMMUNE FROM CIVIL LIABILITY IN ANY ACTION REGARDLESS OF INTENT
25 OR PURPOSE EXCEPT WHERE THE COMMUNICATION TO THE GOVERNMENT
26 AGENCY IS NOT GENUINELY AIMED AT PROCURING A FAVORABLE
27 GOVERNMENTAL ACTION, RESULT OR OUTCOME. A COMMUNICATION IS NOT
28 GENUINELY AIMED AT PROCURING A FAVORABLE GOVERNMENTAL ACTION,
29 RESULT OR OUTCOME IF IT IS NOT MATERIAL OR RELEVANT TO THE
30 ENFORCEMENT OR IMPLEMENTATION OF ENVIRONMENTAL LAW OR
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1 REGULATION.
2 (B) MOTION TO STRIKE.--
3 (1) A CAUSE OF ACTION AGAINST A PERSON ARISING FROM ANY
4 ACT OF THAT PERSON IN FURTHERANCE OF THE PERSON'S RIGHT OF
5 PETITION OR FREE SPEECH UNDER THE CONSTITUTION OF THE UNITED
6 STATES OR THE CONSTITUTION OF PENNSYLVANIA IN CONNECTION WITH
7 A PUBLIC ISSUE SHALL BE SUBJECT TO A SPECIAL MOTION TO STRIKE
8 UNLESS THE COURT DETERMINES THAT THE PLAINTIFF HAS
9 ESTABLISHED THAT THERE IS A SUBSTANTIAL LIKELIHOOD THAT THE
10 PLAINTIFF WILL PREVAIL ON THE CLAIM. IN MAKING ITS
11 DETERMINATION, THE COURT SHALL CONSIDER THE PLEADINGS AND
12 SUPPORTING AND OPPOSING AFFIDAVITS STATING THE FACTS UPON
13 WHICH THE LIABILITY OR DEFENSE IS BASED. THE COURT SHALL
14 ADVANCE ANY MOTION TO STRIKE SO THAT IT MAY BE HEARD AND
15 DETERMINED WITH AS LITTLE DELAY AS POSSIBLE.
16 (2) THE COURT SHALL STAY ALL DISCOVERY PROCEEDINGS IN
17 THE ACTION UPON THE FILING OF A MOTION TO STRIKE, PROVIDED,
18 HOWEVER, THAT THE COURT, ON MOTION AND AFTER A HEARING AND
19 FOR GOOD CAUSE SHOWN, MAY ORDER THAT SPECIFIED DISCOVERY BE
20 CONDUCTED. THE STAY OF DISCOVERY SHALL REMAIN IN EFFECT UNTIL
21 NOTICE OF THE ENTRY OF THE ORDER RULING ON THE MOTION TO
22 STRIKE.
23 (3) IF THE COURT DETERMINES THAT THE PLAINTIFF HAS
24 ESTABLISHED THAT THERE IS A SUBSTANTIAL LIKELIHOOD THAT HE
25 WILL PREVAIL ON THE CLAIM, NEITHER THAT DETERMINATION NOR THE
26 FACT OF THAT DETERMINATION SHALL BE ADMISSIBLE IN EVIDENCE AT
27 ANY LATER STAGE OF THE CASE, AND NO BURDEN OF PROOF OR DEGREE
28 OF PROOF OTHERWISE APPLICABLE SHALL BE AFFECTED BY THAT
29 DETERMINATION.
30 (4) THE SPECIAL MOTION MAY BE FILED WITHIN 60 DAYS OF
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1 THE SERVICE OF THE COMPLAINT OR, IN THE COURT'S DISCRETION,
2 AT ANY LATER TIME UPON TERMS IT DEEMS PROPER.
3 (C) ATTORNEY FEES.--IF A PERSON SUCCESSFULLY DEFENDS AGAINST
4 AN ACTION UNDER THIS SECTION, THAT PERSON SHALL BE AWARDED
5 REASONABLE ATTORNEY FEES AND THE COSTS OF LITIGATION. IF THE
6 PERSON PREVAILS IN PART, THE COURT MAY AWARD REASONABLE ATTORNEY
7 FEES AND COSTS OF LITIGATION OR AN APPROPRIATE PORTION THEREOF.
8 A PERSON SUCCESSFULLY DEFENDS AGAINST AN ACTION IF THE PERSON
9 PREVAILS ON A MOTION TO STRIKE A CAUSE OF ACTION UNDER
10 SUBSECTION (B) OR LATER PREVAILS ON THE MERITS IN THE ACTION.
11 (D) INTERVENTION OF GOVERNMENT AGENCY.--THE GOVERNMENT
12 AGENCY INVOLVED IN THE FURTHERANCE OF A PERSON'S RIGHT OF
13 PETITION OR FREE SPEECH UNDER THE CONSTITUTION OF THE UNITED
14 STATES OR THE CONSTITUTION OF PENNSYLVANIA IN CONNECTION WITH A
15 PUBLIC ISSUE SHALL HAVE THE RIGHT TO INTERVENE OR OTHERWISE
16 PARTICIPATE AS AN AMICUS CURIAE IN THE ACTION INVOLVING PUBLIC
17 PETITION AND PARTICIPATION.
18 (E) CONSTRUCTION.--NOTHING IN THIS SECTION SHALL BE
19 CONSTRUED TO LIMIT ANY CONSTITUTIONAL, STATUTORY OR COMMON-LAW
20 PROTECTIONS OF DEFENDANTS TO ACTIONS INVOLVING PUBLIC PETITION
21 AND PARTICIPATION.
22 (F) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
23 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
24 SUBSECTION:
25 "ACT IN FURTHERANCE OF A PERSON'S RIGHT OF PETITION OR FREE
26 SPEECH UNDER THE CONSTITUTION OF THE UNITED STATES OR THE
27 CONSTITUTION OF PENNSYLVANIA IN CONNECTION WITH A PUBLIC ISSUE."
28 ANY WRITTEN OR ORAL STATEMENT OR WRITING MADE BEFORE A
29 LEGISLATIVE, EXECUTIVE OR JUDICIAL PROCEEDING, OR ANY OTHER
30 OFFICIAL PROCEEDING AUTHORIZED BY LAW; ANY WRITTEN OR ORAL
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1 STATEMENT OR WRITING MADE IN CONNECTION WITH AN ISSUE UNDER
2 CONSIDERATION OR REVIEW BY A LEGISLATIVE, EXECUTIVE OR JUDICIAL
3 BODY, OR ANY OTHER OFFICIAL PROCEEDING AUTHORIZED BY LAW; ANY
4 WRITTEN OR ORAL STATEMENT OR WRITING MADE IN A PLACE OPEN TO THE
5 PUBLIC OR A PUBLIC FORUM IN CONNECTION WITH AN ISSUE OF PUBLIC
6 INTEREST; OR ANY WRITTEN OR ORAL STATEMENT OR WRITING MADE TO A
7 GOVERNMENT AGENCY IN CONNECTION WITH THE IMPLEMENTATION AND
8 ENFORCEMENT OF ENVIRONMENTAL LAW AND REGULATIONS.
9 "ENFORCEMENT OF ENVIRONMENTAL LAW AND REGULATIONS." ANY
10 ACTIVITY RELATED TO THE IDENTIFICATION AND ELIMINATION OF
11 VIOLATIONS OF ENVIRONMENTAL LAWS AND REGULATIONS, INCLUDING
12 INVESTIGATIONS OF ALLEGED VIOLATIONS, INSPECTIONS OF ACTIVITIES
13 SUBJECT TO REGULATION UNDER ENVIRONMENTAL LAW AND REGULATIONS
14 AND RESPONSES TAKEN TO PRODUCE CORRECTION OF THE VIOLATIONS.
15 "GOVERNMENT AGENCY." THE FEDERAL GOVERNMENT, THE
16 COMMONWEALTH AND ALL OF ITS DEPARTMENTS, COMMISSIONS, BOARDS,
17 AGENCIES AND AUTHORITIES, AND ALL POLITICAL SUBDIVISIONS AND
18 THEIR AUTHORITIES.
19 "IMPLEMENTATION OF ENVIRONMENTAL LAW AND REGULATIONS." ANY
20 ACTIVITY RELATED TO THE DEVELOPMENT AND ADMINISTRATION OF
21 ENVIRONMENTAL PROGRAMS DEVELOPED UNDER ENVIRONMENTAL LAW AND
22 REGULATIONS.
23 SECTION 3. SECTIONS 9728 AND 9730.1 OF TITLE 42 ARE AMENDED
24 TO READ:
25 § 9728. Collection of restitution, reparation, fees, costs,
26 fines and penalties.
27 (a) General rule.--[All]
28 (1) Except as provided in subsection (b)(5), all
29 restitution, reparation, fees, costs, fines and penalties
30 shall be [collectible] collected by the county probation
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1 department or an agent designated by the president judge of
2 the county for that purpose in any manner provided by law.
3 However, such restitution, reparation, fees, costs, fines and
4 penalties are part of a criminal action or proceeding and
5 shall not be deemed debts. A sentence, pretrial disposition
6 order or order entered under section 6352 (relating to
7 disposition of delinquent child) for restitution, reparation,
8 fees, costs, fines or penalties shall, together with interest
9 and any additional costs that may accrue, be a judgment in
10 favor of the probation department upon the person or the
11 property of the person sentenced or subject to the order.
12 (2) In accordance with section 9730.1 (relating to
13 collection of court costs, restitution and fines by private
14 collection agency), the collection of restitution,
15 reparation, fees, costs, fines and penalties under this
16 section may be referred to a private collection agency.
17 Statistical information relating to the amount of restitution
18 collected by the county probation department or any agent
19 designated by the president judge of the county shall be made
20 available to the Pennsylvania Commission on Crime and
21 Delinquency on an annual basis.
22 (b) Procedure.--
23 (1) The county clerk of courts shall, upon sentencing,
24 pretrial disposition or other order, transmit to the
25 prothonotary [of the respective county] and the department of
26 probation of the respective county or an agent designated by
27 the president judge of the county and to the county
28 correctional facility to which the offender has been
29 sentenced or to the Department of Corrections, whichever is
30 appropriate, certified copies of all judgments for
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1 restitution and amendments or alterations thereto,
2 reparation, fees, costs, fines and penalties which, in the
3 aggregate, exceed $1,000, and it shall be the duty of each
4 prothonotary to enter and docket the same of record in his
5 office and to index the same as judgments are indexed,
6 without requiring the payment of costs as a condition
7 precedent to the entry thereof.
8 (2) The clerk of courts, in consultation with other
9 appropriate governmental agencies, may transmit to the
10 prothonotary of the respective county, but shall transmit to
11 the department of probation of the respective county or an
12 agent designated by the president judge of the county and to
13 the county correctional facility to which the offender has
14 been sentenced or to the Department of Corrections, whichever
15 is appropriate, certified copies of all judgments for
16 restitution and amendments or alterations thereto,
17 reparation, fees, costs, fines and penalties which, in the
18 aggregate, do not exceed $1,000, and, if so transmitted, it
19 shall be the duty of each prothonotary to enter and docket
20 the same of record in his office and to index the same as
21 judgments are indexed, without requiring the payment of costs
22 as a condition precedent to the entry thereof.
23 (3) On a monthly basis, the prothonotary, or other
24 office or person designated to enter and docket judgments for
25 restitution and amendments or alterations thereto,
26 reparation, fees, costs, fines and penalties, shall transmit
27 to the department of probation of the respective county or an
28 agent designated by the president judge of the county, the
29 county correctional facility to which the offender has been
30 sentenced or to the Department of Corrections a record of the
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1 amount of outstanding restitution and any other court-ordered
2 obligation owed by any defendant.
3 (4) The total amount for which the person is liable
4 pursuant to this section may be entered as a judgment upon
5 the person or the property of the person sentenced or
6 ordered, regardless of whether the amount has been ordered to
7 be paid in installments.
8 (5) The county correctional facility to which the
9 offender has been sentenced or the Department of Corrections
10 shall be authorized to make monetary deductions from inmate
11 personal accounts for the purpose of collecting restitution
12 or any other court-ordered obligation. Any amount deducted
13 shall be transmitted by the Department of Corrections or the
14 county correctional facility to the probation department of
15 the county or an agent designated by the president judge of
16 the county in which the offender was convicted. A record of
17 each deduction received from the Department of Corrections or
18 the county correctional facility and a record of any amounts
19 of restitution collected by the county probation department
20 or an agent designated by the president judge of the county
21 shall be transmitted by the probation department or the agent
22 designated by the president judge of the county to the
23 prothonotary, or other office or person designated to enter
24 and docket judgments for restitution and amendments or
25 alterations thereto, reparation, fees, costs, fines and
26 penalties of the respective county. The Department of
27 Corrections shall develop guidelines relating to its
28 responsibilities under this paragraph.
29 (b.1) Restitution file.--Upon receipt of each order from the
30 clerk of courts as provided in subsection (b)(1), the department
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1 of probation of the respective county or an agent designated by
2 the president judge of the county shall open a restitution file
3 for the purposes of recording the amounts of restitution
4 deducted by the Department of Corrections or county correctional
5 facility or collected by the department of probation or the
6 agent designated by the president judge of the county.
7 (c) Period of time.--Notwithstanding section 6353 (relating
8 to limitation on and change in place of commitment) or 18
9 Pa.C.S. § 1106(c)(2) (relating to restitution for injuries to
10 person or property), the period of time during which such
11 judgments shall have full effect may exceed the maximum term of
12 imprisonment to which the offender could have been sentenced for
13 the crimes of which he was convicted or the maximum term of
14 confinement to which the offender was committed.
15 (d) Priority.--Notwithstanding any other statutory
16 provisions in this or any other title, any lien obtained under
17 this section shall maintain its priority indefinitely and no
18 writ of revival need be filed.
19 (e) Preservation of assets subject to restitution.--Upon
20 application of the Commonwealth, the court may enter a
21 restraining order or injunction, require the execution of a
22 satisfactory performance bond or take any other action to
23 preserve the availability of property which may be necessary to
24 satisfy an anticipated restitution order under this section:
25 (1) upon the filing of a criminal complaint, information
26 or indictment charging a criminal violation or a petition
27 alleging delinquency for which restitution may be ordered and
28 alleging that the property with respect to which the order is
29 sought appears to be necessary to satisfy such restitution
30 order and judgment; and
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1 (2) if, after notice to persons appearing to have an
2 interest in the property and an opportunity for a hearing,
3 the court determines that:
4 (i) there is a substantial probability that:
5 (A) the Commonwealth will prevail on the
6 underlying criminal charges or allegation of
7 delinquency;
8 (B) restitution will be ordered exceeding
9 $10,000 in value;
10 (C) the property appears to be necessary to
11 satisfy such restitution order; and
12 (D) failure to enter the order will result in
13 the property being destroyed, removed from the
14 jurisdiction of the court or otherwise made
15 unavailable for payment of the anticipated
16 restitution order; and
17 (ii) the need to preserve the availability of the
18 property through the entry of the requested order
19 outweighs the hardship on any party against whom the
20 order is to be entered.
21 (f) Temporary restraining order.--A temporary restraining
22 order under subsection (e) may be entered upon application of
23 the Commonwealth without notice or opportunity for a hearing,
24 whether or not a complaint, information, indictment or petition
25 alleging delinquency has been filed with respect to the
26 property, if the Commonwealth demonstrates that there is
27 probable cause to believe that the property with respect to
28 which the order is sought appears to be necessary to satisfy an
29 anticipated restitution order under this section and that
30 provision of notice will jeopardize the availability of the
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1 property to satisfy such restitution order and judgment. Such a
2 temporary order shall expire not more than ten days after the
3 date on which it is entered, unless extended for good cause
4 shown or unless the party against whom it is entered consents to
5 an extension for a longer period. A hearing requested concerning
6 an order entered under this subsection shall be held at the
7 earliest possible time and prior to the expiration of the
8 temporary order.
9 (g) Costs, etc.--Any sheriff's costs, filing fees and costs
10 of the county probation department, clerk of courts or other
11 appropriate governmental agency, including any reasonable
12 administrative costs associated with the collection of
13 restitution shall be borne by the defendant and shall be
14 collected by the county probation department or other
15 appropriate governmental agency along with the total amount of
16 the judgment and remitted to the appropriate agencies at the
17 time of or prior to satisfaction of judgment.
18 (g.1) Payment.--No less than 50% of all moneys collected by
19 the county probation department or an agent designated by the
20 president judge of the county pursuant to subsection (b)(1) and
21 deducted pursuant to subsection (b)(5) shall, until the
22 satisfaction of the defendant's restitution obligation, be used
23 to pay restitution to victims. Any remaining moneys shall be
24 used to pay fees, costs, fines, penalties and other court-
25 ordered obligations.
26 (h) Effect on contempt proceedings.--This section shall not
27 affect contempt proceedings mandated by 18 Pa.C.S. § 1106(f).
28 § 9730.1. Collection of court costs, restitution and fines by
29 private collection agency.
30 (a) Generally.--In accordance with section 9730(b)(1) and
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1 (2) (relating to payment of court costs, restitution and fines),
2 an issuing authority may refer the collection of costs, fines
3 and restitution of a defendant to a private collection agency
4 [upon the expiration of a] whether or not the defendant's
5 maximum sentence or probationary term has expired with or
6 without holding a hearing pursuant to this section. Such
7 collection agency shall adhere to accepted practices in
8 accordance with applicable Federal and State law to collect such
9 costs, fines and restitution.
10 * * *
11 Section 2 4. Title 42 is amended by adding a section to <--
12 read:
13 § 9764. Information required upon commitment and subsequent
14 disposition.
15 (a) General rule.--Upon commitment of an offender to the
16 custody of the Department of Corrections, the sheriff shall
17 provide to the institution's records officer or duty officer, in
18 addition to the court commitment order, the following
19 information unless the department, prior to the time of
20 commitment, agrees to accept the offender without the
21 information:
22 (1) A copy of the presentence investigation report.
23 Where a presentence investigation report was not ordered by
24 the court, the official version of the crime for which the
25 offender was convicted, or a copy of the guilty plea
26 transcript or preliminary hearing transcript.
27 (2) The police report summarizing the facts of the
28 crime.
29 (3) The criminal complaint or affidavit of probable
30 cause accompanying the arrest warrant.
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1 (4) Record of adjustment in the county correctional
2 facility, including, but not limited to, misconducts and
3 escape history.
4 (5) Any current medical or psychological condition
5 requiring treatment, including, but not limited to, suicide
6 attempts.
7 (6) Any medical admission testing performed by the
8 county and the results of those tests, including, but not
9 limited to, hepatitis, HIV/AIDS, tuberculosis or other
10 infectious disease testing. Any release of medical
11 information relating to HIV/AIDS shall be in accordance with
12 the act of November 29, 1990 (P.L.585, No.148), known as the
13 Confidentiality of HIV-Related Information Act.
14 (7) Notice of current or previously administered
15 medications.
16 (8) A 48-hour supply of current medications.
17 (9) A copy of the guideline sentence form issued by the
18 Pennsylvania Commission on Sentencing.
19 (b) Transfer to county facility.--Upon transfer of an inmate
20 from a State correctional institution to a county correctional
21 facility, the Department of Corrections shall provide to the
22 county facility, unless the facility, prior to the time of
23 transfer, agrees to accept the inmate without the information,
24 the record of the inmate's institutional adjustment, including,
25 but not limited to, misconducts and/or escape history; written
26 notice of any current medical or psychological condition
27 requiring treatment, including, but not limited to, suicide
28 attempts, notice of current or previously ordered medication and
29 a 48-hour supply of current medication.
30 (c) Release by Department of Corrections.--Prior to the
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1 release of an inmate from the Department of Corrections to State
2 parole supervision, the Department of Corrections shall provide
3 to the Board of Probation and Parole the information contained
4 in subsection (a)(1) through (5) and (9).
5 (d) Release from county correctional facility to State
6 parole.--Prior to the release of an inmate from a county
7 correctional facility to State parole supervision, the facility
8 shall provide to the Board of Probation and Parole the
9 information contained in subsection (a).
10 (e) Release from county correctional facility to county
11 parole.--Prior to the release of an inmate from a county
12 correctional facility to county parole supervision, the facility
13 shall provide to the county probation department the information
14 contained in subsection (a).
15 (f) Record of inmate moneys.--Prior to the release of an
16 inmate from the Department of Corrections to State parole
17 supervision, the department shall provide to the Board of
18 Probation and Parole a record of any moneys paid by the inmate
19 and any balance remaining towards satisfaction of restitution or
20 any other court-ordered financial obligations. Prior to the
21 release of an inmate from a county correctional facility to
22 State parole supervision, the county correctional facility shall
23 provide to the Board of Probation and Parole a record of any
24 moneys paid by the inmate and any balance remaining towards the
25 satisfaction of restitution or any other court-ordered financial
26 obligations. Prior to the release of an inmate from a county
27 correctional facility to county parole supervision, the facility
28 shall provide to the county probation department or an agent
29 designated by the president judge of the county a record of any
30 moneys paid by the inmate and any remaining balance towards the
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1 satisfaction of restitution and any other court-ordered
2 financial obligations.
3 (g) Continuing payments.--The Board of Probation and Parole
4 shall require as a condition of parole that any inmate released
5 to their supervision shall make continuing payments on
6 restitution or any other court-ordered financial obligations.
7 The sentencing court shall require as a condition of county
8 parole that any inmate released to the supervision of the county
9 probation department shall make continuing payments of
10 restitution or any other court-ordered financial obligations.
11 (h) Release after maximum sentence.--Upon release of an
12 inmate from the Department of Corrections at the expiration of
13 his maximum sentence, the Department of Corrections shall
14 transmit to the county probation department or an agent
15 designated by the president judge of the county in which the
16 inmate was convicted a record of any moneys paid by the inmate
17 and any outstanding amounts owed by the inmate towards
18 satisfaction of restitution or any other court-ordered financial
19 obligations.
20 (i) Policy and procedures.--The Department of Corrections
21 and the Board of Probation and Parole shall develop policies and
22 procedures to implement the provisions of this section.
23 Section 3. This act shall take effect in 120 days. <--
24 SECTION 5. THIS ACT SHALL TAKE EFFECT AS FOLLOWS: <--
25 (1) THE ADDITION OF 42 PA.C.S. § 8340.1 SHALL TAKE
26 EFFECT IN 60 DAYS.
27 (2) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY.
28 (3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 120
29 DAYS.
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