PRINTER'S NO. 531
No. 504 Session of 1997
INTRODUCED BY MURPHY, HART, TOMLINSON, ROBBINS, MOWERY, GERLACH,
WENGER AND WAGNER, FEBRUARY 13, 1997
REFERRED TO JUDICIARY, FEBRUARY 13, 1997
AN ACT
1 Requiring inmates in county prisons to make reimbursement for
2 room and board costs; imposing fees for certain medical
3 services provided to inmates; requiring inmates to make
4 restitution for damage to certain property; and establishing
5 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 Act.
11 Section 2. Persons required to make reimbursement.
12 The following persons shall be required to provide
13 reimbursement for room and board costs:
14 (1) All inmates sentenced to a county prison located in
15 this Commonwealth.
16 (2) All inmates who participate in a county prison work
17 release program.
18 (3) All inmates who are serving sentences for a parole
19 violation.
1 Section 3. Amount of reimbursement.
2 (a) General rule.--Persons who are committed to a county
3 prison located in this Commonwealth after the effective date of
4 this act shall be responsible for paying $10 per day as
5 reimbursement of room and board costs.
6 (b) Recommitted persons.--Persons who are recommitted and
7 receive a new sentence, regardless of the county, shall be
8 responsible for paying a per diem which is increased by $5 per
9 day for each confinement period after the first, up to a total
10 of $40 per day.
11 (c) Information provided to inmates.--All inmates shall
12 receive written information about the room and board costs
13 program during their orientation.
14 Section 4. Payment of room and board.
15 (a) Work release participants.--Fees shall be deducted from
16 each paycheck while the person is incarcerated. Upon discharge,
17 the inmate may be billed for the balance of incarceration days
18 which had not previously been paid.
19 (b) Other inmates.--Upon discharge, an inmate shall be
20 billed for each day spent in the county prison, including all
21 presentence time. The inmate may arrange for an installment
22 payment plan with the prison. If the installment payments are
23 not timely made, the prison may assign the inmate's account to
24 an agency for collection.
25 (c) Voluntary payment.--Each inmate shall be afforded the
26 opportunity to voluntarily begin paying room and board costs
27 during incarceration. Upon request, an installment payment plan
28 shall be established.
29 Section 5. Inmate fees for medical care.
30 (a) Purpose of fees.--The fees imposed under this act are
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1 not designed to dissuade inmates from obtaining health care for
2 legitimate complaints, but are meant to instill responsibility
3 among inmates in the use of prison services. Many inmate medical
4 complaints are frivolous or unfounded, and the fees are meant to
5 assist in identification of these types of complaints, as well
6 as to partially defray the administrative costs of screening for
7 the use of nonessential services.
8 (b) Sick call.--Inmates may be charged a $3 administrative
9 fee for a medical evaluation by the nursing staff.
10 (c) Nonprescription medication.--A charge for over-the-
11 counter medication prescribed as treatment by the medical staff,
12 which is also available through the commissary, may be deducted
13 from the inmate's commissary account at the prevailing
14 commissary rate.
15 (d) Prescription drugs.--There shall be no charge for
16 prescription medication.
17 (e) Supply of medication.--The medical department shall
18 maintain a supply of over-the-counter drugs and issue
19 appropriate quantities to an inmate, if deemed necessary for
20 treatment.
21 (f) Referral to physician.--
22 (1) Inmates referred to a physician by the nursing
23 staff, after initial diagnosis at sick call, may not be
24 charged a fee to see a physician.
25 (2) Inmates who are not referred to a physician after
26 initial screening by the nursing staff but who demand to see
27 a physician may be charged a fee of $5 for this privilege,
28 unless the physician later determines that the inmate should
29 have been referred to a physician at the initial screening.
30 (g) Exceptions for essential medical services.--No fees
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1 shall be charged for any of the following:
2 (1) Initial commitment medical screening.
3 (2) Psychiatric services.
4 (3) Emergency services.
5 (4) Chronic illnesses.
6 (h) Injury resulting from criminal activity.--Evaluation for
7 treatment of an injury resulting from an inmate's criminal
8 activity or activity in violation of a prison policy shall not
9 constitute a medical emergency and may be a chargeable service.
10 (i) Denial of care prohibited.--
11 (1) An inmate shall never be denied care for legitimate
12 medical complaints requiring essential medical care.
13 (2) An inmate shall never be denied care for any reason,
14 even if the complaint is completely frivolous.
15 (j) Form required.--
16 (1) Inmates are required to sign a
17 medical/administrative service fee form whenever any medical
18 services are rendered.
19 (2) When it is determined that nonessential medical
20 services have been provided, the inmate shall also initial
21 the form.
22 (3) If the inmate refuses to initial the form as
23 required in paragraph (2), the medical staff shall complete
24 the form and note the inmate's refusal to initial.
25 Section 6. Medical fee billing.
26 (a) Completion of form.--The medical department staff shall
27 complete a medical/administrative service fee form for all
28 chargeable services provided. The medical staff shall forward
29 the completed form to the records department each day by 4:00
30 p.m.
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1 (b) Deduction of fees.--All fees shall be deducted in full
2 from the inmate's account. If necessary a negative balance may
3 be maintained. The conditions for collection of moneys when
4 negative balances exist are as follows:
5 (1) Fifty percent of all incoming funds deposited into
6 an inmate's account, regardless of the source, may be
7 credited to a negative balance, and the remainder may be
8 credited to the inmate's account for personal use. This
9 procedure shall continue until the inmate's negative balance
10 is satisfied.
11 (2) At discharge any available funds from an inmate's
12 account shall be credited toward the inmate's negative
13 balance, if any, prior to issuing the inmate a discharge
14 check.
15 (3) All remaining negative balances after discharge may
16 be maintained on the inmate's permanent record. If the inmate
17 is recommitted, the inmate shall be required to pay any
18 negative balance as provided for in paragraphs (1) and (2).
19 Section 7. Work release moneys.
20 (a) Use of funds.--Inmates in work release programs shall
21 deposit all payroll checks into the inmate's work release
22 account. The funds shall be used to pay the following charges:
23 (1) Satisfying fines and costs imposed against the
24 inmate.
25 (2) Daily fee for room and board.
26 (3) Support payments as determined by the domestic
27 relations office.
28 (4) Five dollars per week for drug and alcohol screening
29 costs.
30 (5) Payment against any negative balance on the inmate's
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1 account.
2 (b) Disposition of payroll checks.--
3 (1) Inmates will turn in payroll checks, along with a
4 completed financial allocation authorization form to the
5 officer assigned to the prerelease center.
6 (2) On-duty staff shall issue a receipt to the inmate
7 for the check when it is surrendered.
8 (3) The payroll checks shall be attached to the
9 financial allocation authorization form and forwarded to the
10 records department.
11 Section 8. Restitution for damages.
12 (a) Abuse or misuse of prison property.--Inmates who have
13 been found as a result of disciplinary procedures to have
14 intentionally abused or misused prison property shall be
15 responsible for restitution for any damage.
16 (b) Completion of form.--The disciplinary hearing board
17 shall complete a restitution expense form and forward the
18 completed form to the records department for adjustment of the
19 inmate's account. Funds may be deducted until restitution has
20 been made.
21 (c) Assessment of damages.--The extent of damages and the
22 cost of repair shall be established by the director of
23 maintenance and the deputy warden for custody.
24 Section 9. Accountability of prison.
25 (a) Inmate moneys.--All inmate moneys shall be securely held
26 in a designated area of the records department.
27 (b) Monthly report.--A monthly report of inmate account
28 activity shall be supplied to the prison board.
29 (c) Annual audit.--All inmate financial accounts and
30 procedures shall be audited annually. The results of the audit
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1 shall be forwarded to the prison board.
2 Section 10. Effective date.
3 This act shall take effect in 60 days.
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