PRIOR PRINTER'S NO. 539 PRINTER'S NO. 1487
No. 506 Session of 2005
INTRODUCED BY GREENLEAF, COSTA, O'PAKE, STOUT, THOMPSON,
PILEGGI, TOMLINSON, KITCHEN AND M. WHITE, MARCH 29, 2005
SENATOR GREENLEAF, JUDICIARY, AS AMENDED, JANUARY 31, 2006
AN ACT
1 Codifying AMENDING Title 42 (JUDICIARY AND JUDICIAL PROCEDURE) <--
2 AND CODIFYING Title 61 (Penal and Correctional Institutions)
3 of the Pennsylvania Consolidated Statutes, PROVIDING FOR <--
4 TEMPORARY RELEASE FROM COUNTY CORRECTIONAL INSTITUTIONS, FOR
5 TRANSFERS OF INMATES NEEDING MEDICAL CARE AND FOR STATE
6 INTERMEDIATE PUNISHMENT; amending the title heading OF TITLE <--
7 61; adding definitions, provisions relating to general
8 administration of correctional institutions, State
9 correctional institutions, county correctional institutions,
10 the Philadelphia County Prison, house of detention for
11 untried inmates and witnesses and correctional institutions
12 improvement, inmate labor, medical services, visitation,
13 motivational boot camp, execution procedure and method,
14 miscellaneous matters relating thereto, probation and parole
15 generally, the Pennsylvania Board of Probation and Parole,
16 County Probation and Parole Officers' AGENTS' Firearm <--
17 Education and Training, and correctional institution
18 interstate compacts; and making repeals relating to
19 codification.
20 TABLE OF CONTENTS <--
21 TITLE 61
22 PRISONS, PROBATION AND PAROLE
23 PART I. GENERAL PROVISIONS
24 Chapter 1. Preliminary Provisions
25 § 101. Short title of title.
26 § 102. Definitions.
1 PART II. CORRECTIONAL INSTITUTIONS
2 Chapter 11. General Administration
3 Subchapter A. Penal Operations and Procedures
4 § 1101. Benefits to injured employees of State correctional
5 institutions.
6 § 1102. Correctional facility for criminological diagnosis.
7 § 1103. Recording system for identification of criminal
8 offenders.
9 Subchapter B. Inmate Transfers
10 § 1151. General transfer authorization.
11 § 1152. Transfer of inmates in need of medical treatment.
12 § 1153. Transfers to department.
13 § 1154. Expense of removing certain inmates.
14 § 1155. Law enforcement use of county correctional
15 institutions.
16 Subchapter C. Escaped Inmates
17 § 1161. Return of escaped inmates.
18 § 1162. Escaped inmate costs.
19 § 1163. Maintenance of escaping inmates under new sentence.
20 § 1164. Criminal offense during confinement.
21 Chapter 13. (Reserved)
22 Chapter 15. (Reserved)
23 Chapter 17. County Correctional Institutions
24 Subchapter A. County Jail Oversight Board in Counties of
25 the Second Class
26 § 1701. Scope.
27 § 1702. Definitions.
28 § 1703. County jail oversight board.
29 § 1704. Powers and duties.
30 § 1705. Rules and regulations.
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1 § 1706. Warden.
2 § 1707. Board meetings.
3 § 1708. Contracts and purchases.
4 Subchapter B. Counties of the Third through Eighth Classes
5 § 1711. Establishment.
6 § 1712. Board meetings.
7 § 1713. Appointment of warden and employees.
8 § 1714. Powers of peace officers.
9 § 1715. Expenditures.
10 § 1716. Bonding requirement.
11 Subchapter C. Alternative Plan for Certain Counties
12 § 1721. Sixth, seventh and eighth class counties.
13 § 1722. Appointment of prison commissioners.
14 Subchapter D. Penal Operations and Procedures
15 § 1731. (Reserved).
16 § 1732. Costs of confinement.
17 § 1733. Board of inspectors to regulate salaries of wardens
18 and other staff.
19 § 1734. Residence of warden.
20 § 1735. Bonds for county prison staff in fourth class counties.
21 § 1736. Property exempt from taxation.
22 Subchapter E. Joint Detention Centers
23 § 1741. Establishment by adjoining counties.
24 § 1742. Selection of site.
25 § 1743. Buildings.
26 § 1744. Construction contracts.
27 § 1745. Advisory board.
28 § 1746. Meetings.
29 § 1747. Superintendent and employees.
30 § 1748. Rules and regulations.
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1 § 1749. Initial transfer of inmates.
2 § 1750. Employment of inmates.
3 § 1751. Cost of transporting inmates.
4 § 1752. Financial reporting.
5 § 1753. Allocation of expenses to counties.
6 § 1754. County appropriations.
7 § 1755. Exemption from taxation.
8 Subchapter F. Joint Industrial Farms and Workhouses
9 § 1761. Establishment by counties.
10 § 1762. Selection of site.
11 § 1763. Buildings.
12 § 1764. Construction contracts.
13 § 1765. Advisory board.
14 § 1766. Meetings.
15 § 1767. Superintendent and employees.
16 § 1768. Rules and regulations.
17 § 1769. Initial transfer of inmates.
18 § 1770. Employment of inmates.
19 § 1771. Cost of transporting inmates.
20 § 1772. Nature of inmate employment.
21 § 1773. Sale of goods and materials.
22 § 1774. Financial reporting.
23 § 1775. Allocation of expenses to counties.
24 § 1776. Borrowing authorized.
25 § 1777. Exemption from taxation.
26 § 1778. Nonapplicability.
27 Subchapter G. House of Correction
28 § 1781. Appropriations for improvements, railroad connection
29 and commitments.
30 § 1782. Arrest of disorderly minors.
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1 § 1783. Commitment of disorderly minors and appeal.
2 § 1784. Employment of inmates.
3 § 1785. Punishment for refusal to work.
4 § 1786. Punishment for destroying property.
5 § 1787. Supplies and reports.
6 § 1788. Deficiency in maintenance.
7 § 1789. Term of commitment for adults.
8 § 1790. Habeas corpus.
9 § 1791. Inebriates.
10 § 1792. Power of Department of Public Welfare.
11 § 1793. Annual statement.
12 Chapter 19. Philadelphia County Prison
13 Subchapter A. Establishment
14 § 1901. Name of jail and appointment of inspectors.
15 § 1902. Visiting inspectors.
16 § 1903. Duties of physician.
17 § 1904. Visitors to have permission in writing.
18 § 1905. Treatment of inmates on discharge.
19 § 1906. County of the first class to supply deficiency in
20 furnishing and maintaining prison.
21 § 1907. Inmates sentenced for less than two years to county
22 prison.
23 § 1908. Vagrants and disorderly persons.
24 Subchapter B. Administration
25 § 1911. Sentences may be served in Philadelphia County Prison.
26 § 1912. Coroner of first class county not to hold inquests on
27 convicts, except in certain cases.
28 § 1913. Inspectors to discharge inmates.
29 § 1914. Treatment of inmates convicted of capital offenses.
30 § 1915. Philadelphia County Prison and debtors' apartment.
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1 Chapter 21. House of Detention for Untried Inmates and
2 Witnesses
3 § 2101. Cities of the first class.
4 § 2102. Administration.
5 § 2103. Compensation prohibited and term of office.
6 § 2104. Site selection.
7 § 2105. Persons submit to commitment.
8 § 2106. Cost of site procurement.
9 § 2107. Superintendent.
10 § 2108. Cost of maintenance.
11 Chapter 23. Improvements to State Correctional Institutions
12 Subchapter A. Preliminary Provisions
13 § 2301. Short title of chapter.
14 § 2302. Declaration of policy.
15 § 2303. Definitions.
16 Subchapter B. Lease Purchase Agreements
17 § 2311. Authorization.
18 § 2312. Terms of lease agreements.
19 § 2313. Selection of contractor.
20 § 2314. Award of contract.
21 § 2315. Construction oversight and inspection.
22 § 2316. Exemption and nonapplicable acts.
23 § 2317. Location of facility.
24 § 2318. Report to General Assembly.
25 Subchapter C. Itemization of Public Improvement Projects
26 § 2321. Total authorizations.
27 § 2322. Itemization of public improvement projects.
28 § 2323. Special provisions.
29 § 2324. Debt authorization.
30 § 2325. Issue of bonds.
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1 § 2326. Estimated useful life and term of debt.
2 § 2327. Use of funds previously appropriated.
3 § 2328. Federal funds.
4 § 2329. Insurance proceeds.
5 § 2330. Current revenues.
6 Subchapter D. Incurring Indebtedness for County Prisons
7 § 2341. Definitions.
8 § 2342. Referendum to authorize incurring indebtedness.
9 § 2343. Authority to borrow.
10 § 2344. Bonds, issue, maturity, interest, etc.
11 § 2345. Sale of bonds.
12 § 2346. Refunding bonds.
13 § 2347. Registration of bonds.
14 § 2348. Disposition and use of proceeds.
15 § 2349. Local Criminal Justice Sinking Fund.
16 § 2350. Expenses of preparation, issue and sale of bonds.
17 § 2351. Temporary financing authorization.
18 § 2352. Quorum.
19 § 2353. Information to General Assembly.
20 § 2354. Grants to counties.
21 § 2355. Multicounty regional prison facilities.
22 § 2356. Appropriation.
23 Subchapter E. Construction of New Prison
24 § 2361. Total authorization.
25 § 2362. Itemization of public improvement project.
26 § 2363. Debt authorization.
27 § 2364. Issue of bonds.
28 § 2365. Estimated useful life and term of debt.
29 § 2366. Appropriation.
30 § 2367. Federal funds.
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1 Subchapter F. Multicounty Regional Prison Facilities
2 § 2371. Authorization.
3 § 2372. Prison services contracts.
4 Subsection G. Miscellaneous Provisions
5 § 2381. Military installation limitation.
6 PART III. INMATE CONFINEMENT
7 Chapter 31. Inmate Labor
8 § 3101. Inmates to be employed.
9 § 3102. (Reserved).
10 § 3103. Disposition of proceeds of labor.
11 § 3104. Agricultural labor at county correctional
12 institutions.
13 § 3105. Inmate labor in county correctional institutions.
14 § 3106. Inmate labor in counties of the first class.
15 § 3107. Inmate-made goods to be branded.
16 § 3108. Sale of inmate-made goods.
17 Chapter 33. Medical Services
18 § 3301. Short title of chapter.
19 § 3302. Definitions.
20 § 3303. Medical Services Program.
21 § 3304. Powers and duties of department.
22 § 3305. Costs outstanding upon release.
23 § 3306. Report to General Assembly.
24 § 3307. Applicability.
25 Chapter 35. Visitation
26 Subchapter A. General Provisions
27 § 3501. Gubernatorial visitor for philanthropic purposes.
28 § 3502. Official visitors.
29 § 3503. Rights of official visitors.
30 Subchapter B. Official Visitation
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1 § 3511. Short title of subchapter.
2 § 3512. Definitions.
3 § 3513. Visitation.
4 § 3514. Employees of official visitor.
5 Chapter 37. Motivational Boot Camp
6 § 3701. Short title of chapter.
7 § 3702. Declaration of policy.
8 § 3703. Definitions.
9 § 3704. Selection of inmate participants.
10 § 3705. Motivational boot camp program.
11 § 3706. Procedure for selection of participant in motivational
12 boot camp program.
13 § 3707. Completion of motivational boot camp program.
14 § 3708. Appeals.
15 Chapter 39. Execution Procedure and Method
16 § 3901. Definitions.
17 § 3902. Issuance of warrant.
18 § 3903. Terms of confinement.
19 § 3904. Method of execution.
20 § 3905. Witnesses to execution.
21 § 3906. Certification of superintendent.
22 § 3907. Postmortem examination.
23 § 3908. Costs of execution and examination.
24 Chapter 59. Miscellaneous Provisions
25 § 5901. Physical welfare of inmates.
26 § 5902. Contraband prohibited.
27 § 5903. Temporary release from county correctional institution.
28 § 5904. Inmate uniforms.
29 § 5905. Assessment and collection of costs.
30 PART IV. PROBATION AND PAROLE
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1 Chapter 61. General Provisions
2 Subchapter A. Preliminary Provisions
3 § 6101. Inability to procure sponsor.
4 § 6102. Application for release when minimum sentence exceeds
5 one-half maximum.
6 Subchapter B. Inmate Prerelease Plans
7 § 6111. Establishment of prerelease centers.
8 § 6112. Release plan for inmates.
9 § 6113. Rules and regulations.
10 § 6114. Salaries and wages of inmates.
11 Chapter 63. Pennsylvania Board of Probation and Parole
12 Subchapter A. Preliminary Provisions
13 § 6301. Short title of chapter.
14 § 6302. Definitions.
15 § 6303. Operation of parole system generally.
16 Subchapter B. Administration
17 § 6310. Pennsylvania Board of Probation and Parole.
18 § 6311. Board chairperson.
19 § 6312. Board action.
20 § 6313. Salaries of board members.
21 § 6314. Incompatible offices and removal.
22 § 6315. Meetings.
23 § 6316. Official seal.
24 § 6317. Offices.
25 § 6318. District supervisors.
26 § 6319. District office employees.
27 § 6320. Disciplinary action.
28 § 6321. Political activities.
29 § 6322. Advisory committee.
30 Subchapter C. Powers and Duties
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1 § 6331. General powers of board.
2 § 6332. Specific powers of board involving parolees.
3 § 6333. Supervision of probationer.
4 § 6334. Sentencing court to transmit records to board.
5 § 6335. Investigation of circumstances of offense.
6 § 6336. Right of access to inmates.
7 § 6337. Parole power.
8 § 6338. Violation of terms of parole.
9 § 6339. Parole on motion by board.
10 § 6340. Victim statements, testimony and participation in
11 hearing.
12 § 6341. General rules and special regulations.
13 § 6342. Court-ordered probation in lieu of sentence.
14 § 6343. Parole without board supervision.
15 § 6344. Judicial power to release inmates.
16 Subchapter D. State Parole Officers
17 § 6351. Definitions.
18 § 6352. Status as peace officers.
19 § 6353. Supervisory relationship to offenders.
20 Subchapter E. County Probation Officers
21 § 6361. Definitions.
22 § 6362. Supervisory relationship to offenders.
23 § 6363. Peace officer power for probation officers.
24 Subchapter F. Miscellaneous Provisions
25 § 6371. Applicability.
26 § 6372. Scope.
27 § 6373. Board powers involving individuals granted clemency.
28 § 6374. Board of Pardons.
29 Chapter 65. County Probation and Parole Officers' Firearm
30 Education and Training
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1 § 6501. Short title of chapter.
2 § 6502. Definitions.
3 § 6503. County Probation and Parole Officers' Firearm
4 Education and Training Commission.
5 § 6504. Commission membership.
6 § 6505. Powers and duties of commission.
7 § 6506. Training mandatory.
8 § 6507. Requirements for program participation or waiver.
9 § 6508. County Probation and Parole Officers' Firearm
10 Education and Training Fund.
11 § 6509. Applicability.
12 PART V. MISCELLANEOUS PROVISIONS
13 Chapter 71. Interstate Compacts
14 Subchapter A. Interstate Corrections Compact
15 § 7101. Short title of subchapter.
16 § 7102. Interstate Corrections Compact.
17 § 7103. Powers.
18 Subchapter B. Interstate Compact for the Supervision of
19 Adult Offenders
20 § 7111. Short title of subchapter.
21 § 7112. Authority to execute compact.
22 § 7113. When and how compact becomes operative.
23 § 7114. State council and compact administrator.
24 Subchapter C. Administrative Provisions
25 § 7121. Deputization.
26 § 7122. Supervision of persons paroled by other states.
27 § 7123. Penalty.
28 The General Assembly of the Commonwealth of Pennsylvania
29 hereby enacts as follows:
30 Section 1. The heading of Title 61 of the Pennsylvania <--
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1 Consolidated Statutes is amended and Title 61 is amended by
2 adding parts to read:
3 SECTION 1. TITLE 42 OF THE PENNSYLVANIA CONSOLIDATE STATUTES <--
4 IS AMENDED BY ADDING SECTIONS TO READ:
5 § 9755.1. TEMPORARY RELEASE FROM COUNTY CORRECTIONAL
6 INSTITUTION.
7 (A) CONDITIONS PERMITTING RELEASE.--
8 (1) WHENEVER A PERSON HAS BEEN SENTENCED TO UNDERGO
9 IMPRISONMENT IN A COUNTY CORRECTIONAL INSTITUTION FOR A TERM
10 OF LESS THAN FIVE YEARS, THE COURT, AT THE TIME OF SENTENCE
11 OR AT ANY TIME THEREAFTER UPON APPLICATION MADE THEREFOR, MAY
12 BY ORDER DIRECT THE SHERIFF OR CHIEF ADMINISTRATOR OF A
13 COUNTY CORRECTIONAL INSTITUTION TO PERMIT THE INMATE TO LEAVE
14 THE JAIL DURING NECESSARY AND REASONABLE HOURS FOR THE
15 PURPOSE OF:
16 (I) WORKING AT HIS EMPLOYMENT;
17 (II) CONDUCTING HIS OWN BUSINESS OR OTHER SELF-
18 EMPLOYED OCCUPATION, INCLUDING HOUSEKEEPING AND ATTENDING
19 TO THE NEEDS OF FAMILY;
20 (III) SEEKING EMPLOYMENT;
21 (IV) ATTENDANCE AT AN EDUCATIONAL INSTITUTION;
22 (V) SECURING MEDICAL TREATMENT; OR
23 (VI) SUCH OTHER LAWFUL PURPOSES AS THE COURT SHALL
24 CONSIDER NECESSARY AND APPROPRIATE.
25 (2) THE ORDER OF COURT MAY BE RESCINDED OR MODIFIED AT
26 ANY TIME WITH OR WITHOUT NOTICE TO THE INMATE.
27 (B) SURRENDER OF WAGES.--WHEN AN INMATE IS EMPLOYED FOR
28 WAGES OR SALARY, THE CHIEF ADMINISTRATOR SHALL COLLECT THE WAGES
29 OR SALARY OR REQUIRE THE INMATE TO TURN OVER HIS WAGES OR SALARY
30 IN FULL WHEN RECEIVED, AND THE CHIEF ADMINISTRATOR SHALL DEPOSIT
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1 THE SAME IN A TRUST CHECKING ACCOUNT AND KEEP A LEDGER SHOWING
2 THE STATUS OF THE ACCOUNT OF EACH INMATE.
3 (C) LIABILITY FOR BOARD COST.--
4 (1) AN INMATE GAINFULLY EMPLOYED SHALL BE LIABLE FOR THE
5 COST OF HIS BOARD IN THE COUNTY CORRECTIONAL INSTITUTION AS
6 FIXED BY THE COUNTY COMMISSIONERS. IF NECESSARILY ABSENT FROM
7 JAIL AT A MEAL TIME, THE INMATE SHALL, AT HIS REQUEST, BE
8 FURNISHED WITH AN ADEQUATE NOURISHING LUNCH TO CARRY TO WORK.
9 (2) THE CHIEF ADMINISTRATOR SHALL CHARGE THE INMATE'S
10 ACCOUNT IF THE INMATE HAS ONE FOR SUCH BOARD.
11 (3) IF THE INMATE IS GAINFULLY SELF-EMPLOYED, THE INMATE
12 SHALL PAY FOR SUCH BOARD IN DEFAULT OF WHICH HIS PRIVILEGE
13 UNDER THIS SECTION SHALL BE AUTOMATICALLY FORFEITED.
14 (4) IF THE FOOD IN THE COUNTY CORRECTIONAL INSTITUTION
15 IS FURNISHED DIRECTLY BY THE COUNTY, THE CHIEF ADMINISTRATOR
16 SHALL ACCOUNT FOR AND PAY OVER SUCH BOARD PAYMENTS TO THE
17 COUNTY TREASURER.
18 (D) DISBURSEMENTS FROM INMATE ACCOUNTS.--BY ORDER OF THE
19 COURT, THE WAGES OR SALARIES OF EMPLOYED INMATES SHALL BE
20 DISBURSED FOR THE FOLLOWING PURPOSES IN THE ORDER STATED:
21 (1) THE BOARD OF THE INMATE.
22 (2) NECESSARY TRAVEL EXPENSE TO AND FROM WORK AND OTHER
23 INCIDENTAL EXPENSES OF THE INMATE.
24 (3) SUPPORT OF THE INMATE'S DEPENDENTS, IF ANY, THE
25 AMOUNT TO BE DETERMINED BY THE COURT.
26 (4) PAYMENT OF DOCKET COSTS CONNECTED WITH THE
27 COMMITMENT OF THE INMATE.
28 (5) PAYMENT EITHER IN FULL OR RATABLY OF THE INMATE'S
29 OBLIGATIONS ACKNOWLEDGED BY HIM IN WRITING OR WHICH HAVE BEEN
30 REDUCED TO JUDGMENT.
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1 (6) THE BALANCE, IF ANY, TO THE INMATE UPON DISCHARGE.
2 (E) INTERCOUNTY CUSTODY.--THE COURT MAY BY ORDER AUTHORIZE
3 THE CHIEF ADMINISTRATOR TO WHOM AN INMATE IS COMMITTED TO
4 ARRANGE WITH ANOTHER CHIEF ADMINISTRATOR FOR THE EMPLOYMENT OF
5 THE PRISONER IN THE OTHER'S COUNTY AND WHILE SO EMPLOYED TO BE
6 IN THE OTHER'S CUSTODY BUT IN OTHER RESPECTS TO BE AND CONTINUE
7 SUBJECT TO THE COMMITMENT.
8 § 9775. PAROLE WITHOUT BOARD SUPERVISION.
9 A SENTENCING COURT SHALL GRANT PAROLE FROM A TERM OF
10 IMPRISONMENT FOR LESS THAN A MAXIMUM PERIOD OF TWO YEARS, AND,
11 TOGETHER WITH ALL PROBATIONS EXCEPT PROBATION AS TO WHICH
12 SUPERVISION IS SPECIALLY ORDERED BY THE COURT AS PROVIDED FOR IN
13 SECTION 9721 (RELATING TO SENTENCING GENERALLY), PAROLE SHALL BE
14 WITHOUT SUPERVISION BY THE BOARD.
15 § 9776. JUDICIAL POWER TO RELEASE INMATES.
16 (A) GENERAL RULE.--EXCEPT AS OTHERWISE PROVIDED UNDER THIS
17 CHAPTER, A COURT OF THIS COMMONWEALTH OR OTHER COURT OF RECORD
18 HAVING JURISDICTION MAY, AFTER DUE HEARING, RELEASE ON PAROLE AN
19 INMATE IN THE COUNTY CORRECTIONAL INSTITUTION OF THAT JUDICIAL
20 DISTRICT.
21 (B) PETITION REQUIRED.--NO INMATE MAY BE PAROLED UNDER THIS
22 SECTION EXCEPT ON PETITION VERIFIED BY THE OATH OF THE INMATE OR
23 BY THE INMATE'S REPRESENTATIVE AND PRESENTED AND FILED IN THE
24 COURT IN WHICH THE INMATE WAS CONVICTED.
25 (C) HEARING.--ON PRESENTATION OF THE PETITION, THE COURT
26 SHALL FIX A DAY FOR THE HEARING. A COPY OF THE PETITION SHALL BE
27 SERVED ON THE DISTRICT ATTORNEY AND PROSECUTOR IN THE CASE AT
28 LEAST TEN DAYS BEFORE THE DAY FIXED FOR THE HEARING. PROOF OF
29 SERVICE ON THE DISTRICT ATTORNEY AND THE PROSECUTOR SHALL BE
30 PRODUCED AT THE HEARING.
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1 (D) ORDER.--AFTER THE HEARING, THE COURT SHALL MAKE SUCH
2 ORDER AS IT MAY DEEM JUST AND PROPER. IN CASE THE COURT PAROLES
3 THE INMATE, IT SHALL PLACE THE INMATE IN THE CHARGE OF AND UNDER
4 THE SUPERVISION OF A DESIGNATED PROBATION OFFICER.
5 (E) RECOMMIT.--THE COURT MAY, ON CAUSE SHOWN BY THE
6 PROBATION OFFICER THAT THE INMATE HAS VIOLATED HIS PAROLE,
7 RECOMMIT AND REPAROLE THE INMATE IN THE SAME MANNER AND BY THE
8 SAME PROCEDURE AS IN THE CASE OF THE ORIGINAL PAROLE IF, IN THE
9 JUDGMENT OF THE COURT, THERE IS A REASONABLE PROBABILITY THAT
10 THE INMATE WILL BENEFIT BY BEING PAROLED. THE COURT MAY ALSO
11 RECOMMIT FOR VIOLATION OF THAT PAROLE.
12 (F) LIMITATION.--
13 (1) SUBJECT TO THE PROVISIONS OF PARAGRAPH (2), THE
14 POWER OF A COURT TO PAROLE AN INMATE UNDER THIS SECTION SHALL
15 EXTEND FOR A PERIOD NOT TO EXCEED THE MAXIMUM SENTENCE
16 PROVIDED BY LAW FOR THE OFFENSE OF WHICH THE INMATE WAS
17 CONVICTED, REGARDLESS OF THE SENTENCE FIRST IMPOSED UPON THE
18 PRISONER.
19 (2) A COURT MAY RELEASE ON PAROLE, ON PETITION TO ANY
20 OTHER COURT, AN INMATE COMMITTED TO A CORRECTIONAL
21 INSTITUTION BY ANY MAGISTERIAL DISTRICT JUDGE AND SHALL HAVE
22 THE SAME POWER TO RECOMMIT AN INMATE PAROLED UNDER THIS
23 SECTION.
24 § 9777. TRANSFER OF INMATES IN NEED OF MEDICAL TREATMENT.
25 (A) GENERAL RULE.--WHENEVER AN INMATE IS SHOWN TO A COURT OF
26 RECORD BY DUE PROOF THAT THE INMATE IS SERIOUSLY ILL AND THAT IT
27 IS NECESSARY TO REMOVE THE INMATE FROM THE CORRECTIONAL
28 INSTITUTION, THE COURT MAY:
29 (1) MODIFY ITS SENTENCE, IMPOSE A SUITABLE SENTENCE OR
30 MODIFY THE ORDER OF CONFINEMENT FOR TRIAL, AS THE CASE MAY
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1 BE.
2 (2) PROVIDE FOR THE CONFINEMENT OR CARE OF THE INMATE IN
3 SOME OTHER SUITABLE INSTITUTION WHERE PROPER MEDICAL
4 TREATMENT MAY BE ADMINISTERED.
5 (B) RECOMMITMENT.--WHEN AN INMATE IS REMOVED UNDER
6 SUBSECTION (A) AND RECOVERS FROM THE SERIOUS ILLNESS, THE COURT
7 SHALL RECOMMIT THE INMATE TO THE CORRECTIONAL FACILITY FROM
8 WHICH THE INMATE WAS REMOVED.
9 (C) PENALTY.--AN INMATE WHO IS REMOVED UNDER AN ORDER OF
10 COURT PURSUANT TO SUBSECTION (A) AND ESCAPES COMMITS AN OFFENSE
11 UNDER 18 PA.C.S. § 5121(A) (RELATING TO ESCAPE).
12 SECTION 2. CHAPTER 99 OF TITLE 42 IS AMENDED TO READ:
13 [CHAPTER 99
14 STATE INTERMEDIATE PUNISHMENT
15 SEC.
16 9901. SCOPE OF CHAPTER.
17 9902. FINDINGS AND PURPOSE.
18 9903. DEFINITIONS.
19 9904. REFERRAL TO STATE INTERMEDIATE PUNISHMENT PROGRAM.
20 9905. DRUG OFFENDER TREATMENT PROGRAM.
21 9906. WRITTEN GUIDELINES AND REGULATIONS.
22 9907. REPORTS.
23 9908. CONSTRUCTION.
24 9909. EVALUATION.
25 § 9901. SCOPE OF CHAPTER.
26 THIS CHAPTER RELATES TO STATE INTERMEDIATE PUNISHMENT.
27 § 9902. FINDINGS AND PURPOSE.
28 THE GENERAL ASSEMBLY FINDS AS FOLLOWS:
29 (1) MANY CRIMES ARE COMMITTED BY PERSONS WHO, BECAUSE OF
30 THEIR ADDICTION TO DRUGS OR ALCOHOL, ARE UNABLE TO MAINTAIN
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1 GAINFUL EMPLOYMENT.
2 (2) THESE PERSONS OFTEN COMMIT CRIMES AS A MEANS OF
3 OBTAINING THE FUNDS NECESSARY TO PURCHASE DRUGS OR ALCOHOL.
4 (3) MANY PERSONS COMMIT CRIMES WHILE UNDER THE INFLUENCE
5 OF DRUGS OR ALCOHOL EVEN THOUGH THEY ARE NOT ADDICTED TO SUCH
6 SUBSTANCES IN A CLINICAL SENSE.
7 (4) PUNISHING PERSONS WHO COMMIT CRIMES IS AN IMPORTANT
8 ASPECT OF RECOGNIZING THE HARM THAT CRIMINALS VISIT UPON
9 THEIR VICTIMS.
10 (5) MANY PEOPLE WHO COMMIT CRIMES WILL BE ABLE TO BECOME
11 LAW-ABIDING, CONTRIBUTING MEMBERS OF SOCIETY IF THEY ARE ABLE
12 TO OBTAIN TREATMENT FOR THEIR DRUG OR ALCOHOL ADDICTION OR
13 ABUSE.
14 (6) THE PURPOSE OF THIS CHAPTER IS TO CREATE A PROGRAM
15 THAT PUNISHES PERSON WHO COMMIT CRIMES, BUT ALSO PROVIDES
16 TREATMENT THAT OFFERS THE OPPORTUNITY FOR THOSE PERSONS TO
17 ADDRESS THEIR DRUG OR ALCOHOL ADDICTION OR ABUSE AND THEREBY
18 REDUCE THE INCIDENTS OF RECIDIVISM AND ENHANCE PUBLIC SAFETY.
19 § 9903. DEFINITIONS.
20 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
21 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
22 CONTEXT CLEARLY INDICATES OTHERWISE:
23 "COMMISSION." THE PENNSYLVANIA COMMISSION ON SENTENCING.
24 "COMMUNITY-BASED THERAPEUTIC COMMUNITY." A LONG-TERM
25 RESIDENTIAL ADDICTION TREATMENT PROGRAM LICENSED BY THE
26 DEPARTMENT OF HEALTH TO PROVIDE ADDICTION TREATMENT SERVICES
27 USING A THERAPEUTIC COMMUNITY MODEL AND DETERMINED BY THE
28 DEPARTMENT OF CORRECTIONS TO BE QUALIFIED TO PROVIDE ADDICTION
29 TREATMENT TO ELIGIBLE OFFENDERS.
30 "COMMUNITY CORRECTIONS CENTER." A RESIDENTIAL PROGRAM THAT
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1 IS SUPERVISED AND OPERATED BY THE DEPARTMENT OF CORRECTIONS FOR
2 INMATES WITH PRERELEASE STATUS OR WHO ARE ON PAROLE.
3 "COURT." THE TRIAL JUDGE EXERCISING SENTENCING JURISDICTION
4 OVER AN ELIGIBLE OFFENDER UNDER THIS CHAPTER OR THE PRESIDENT
5 JUDGE IF THE ORIGINAL TRIAL JUDGE IS NO LONGER SERVING AS A
6 JUDGE OF THE SENTENCING COURT.
7 "DEFENDANT." AN INDIVIDUAL CHARGED WITH A DRUG-RELATED
8 OFFENSE.
9 "DEPARTMENT." THE DEPARTMENT OF CORRECTIONS OF THE
10 COMMONWEALTH.
11 "DRUG OFFENDER TREATMENT PROGRAM." AN INDIVIDUALIZED
12 TREATMENT PROGRAM ESTABLISHED BY THE DEPARTMENT OF CORRECTIONS
13 CONSISTING PRIMARILY OF DRUG AND ALCOHOL ADDICTION TREATMENT
14 THAT SATISFIES THE TERMS AND CONDITIONS LISTED IN SECTION 9905
15 (RELATING TO DRUG OFFENDER TREATMENT PROGRAM).
16 "DRUG-RELATED OFFENSE." A CRIMINAL OFFENSE FOR WHICH A
17 DEFENDANT IS CONVICTED AND THAT THE COURT DETERMINES WAS
18 MOTIVATED BY THE DEFENDANT'S CONSUMPTION OF OR ADDICTION TO
19 ALCOHOL OR A CONTROLLED SUBSTANCE, COUNTERFEIT, DESIGNER DRUG,
20 DRUG, IMMEDIATE PRECURSOR OR MARIHUANA, AS THOSE TERMS ARE
21 DEFINED IN THE ACT OF APRIL 14, 1972 (P.L.233, NO.64), KNOWN AS
22 THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT.
23 "ELIGIBLE OFFENDER." SUBJECT TO SECTION 9721(A.1) (RELATING
24 TO SENTENCING GENERALLY), A DEFENDANT DESIGNATED BY THE
25 SENTENCING COURT AS A PERSON CONVICTED OF A DRUG-RELATED OFFENSE
26 WHO:
27 (1) HAS UNDERGONE AN ASSESSMENT PERFORMED BY THE
28 DEPARTMENT OF CORRECTIONS, WHICH ASSESSMENT HAS CONCLUDED
29 THAT THE DEFENDANT IS IN NEED OF DRUG AND ALCOHOL ADDICTION
30 TREATMENT AND WOULD BENEFIT FROM COMMITMENT TO A DRUG
20050S0506B1487 - 19 -
1 OFFENDER TREATMENT PROGRAM AND THAT PLACEMENT IN A DRUG
2 OFFENDER TREATMENT PROGRAM WOULD BE APPROPRIATE.
3 (2) DOES NOT DEMONSTRATE A HISTORY OF PRESENT OR PAST
4 VIOLENT BEHAVIOR.
5 (3) WOULD BE PLACED IN THE CUSTODY OF THE DEPARTMENT IF
6 NOT SENTENCED TO STATE INTERMEDIATE PUNISHMENT.
7 (4) PROVIDES WRITTEN CONSENT PERMITTING RELEASE OF
8 INFORMATION PERTAINING TO THE DEFENDANT'S PARTICIPATION IN A
9 DRUG OFFENDER TREATMENT PROGRAM.
10 THE TERM SHALL NOT INCLUDE A DEFENDANT WHO IS SUBJECT TO A
11 SENTENCE THE CALCULATION OF WHICH INCLUDES AN ENHANCEMENT FOR
12 THE USE OF A DEADLY WEAPON, AS DEFINED PURSUANT TO LAW OR THE
13 SENTENCING GUIDELINES PROMULGATED BY THE PENNSYLVANIA COMMISSION
14 ON SENTENCING, OR A DEFENDANT WHO HAS BEEN CONVICTED OF A
15 PERSONAL INJURY CRIME AS DEFINED IN SECTION 103 OF THE ACT OF
16 NOVEMBER 24, 1998 (P.L.882, NO.111), KNOWN AS THE CRIME VICTIMS
17 ACT, OR AN ATTEMPT OR CONSPIRACY TO COMMIT SUCH A CRIME OR WHO
18 HAS BEEN CONVICTED OF VIOLATING 18 PA.C.S. § 4302 (RELATING TO
19 INCEST), 5901 (RELATING TO OPEN LEWDNESS), 6312 (RELATING TO
20 SEXUAL ABUSE OF CHILDREN), 6318 (RELATING TO UNLAWFUL CONTACT
21 WITH MINOR) OR 6320 (RELATING TO SEXUAL EXPLOITATION OF
22 CHILDREN) OR CH. 76 SUBCH. C (RELATING TO INTERNET CHILD
23 PORNOGRAPHY).
24 "EXPULSION." THE PERMANENT REMOVAL OF A PARTICIPANT FROM A
25 DRUG OFFENDER TREATMENT PROGRAM.
26 "GROUP HOME." A RESIDENTIAL PROGRAM THAT IS CONTRACTED OUT
27 BY THE DEPARTMENT OF CORRECTIONS TO A PRIVATE SERVICE PROVIDER
28 FOR INMATES WITH PRERELEASE STATUS OR WHO ARE ON PAROLE.
29 "INDIVIDUALIZED DRUG OFFENDER TREATMENT PLAN." AN
30 INDIVIDUALIZED ADDICTION TREATMENT PLAN WITHIN THE FRAMEWORK OF
20050S0506B1487 - 20 -
1 THE DRUG OFFENDER TREATMENT PROGRAM.
2 "INSTITUTIONAL THERAPEUTIC COMMUNITY." A RESIDENTIAL DRUG
3 TREATMENT PROGRAM IN A STATE CORRECTIONAL INSTITUTION,
4 ACCREDITED AS A THERAPEUTIC COMMUNITY FOR TREATMENT OF DRUG AND
5 ALCOHOL ABUSE AND ADDICTION BY THE AMERICAN CORRECTIONAL
6 ASSOCIATION OR OTHER NATIONALLY RECOGNIZED ACCREDITATION
7 ORGANIZATION FOR THERAPEUTIC COMMUNITY DRUG AND ALCOHOL
8 ADDICTION TREATMENT.
9 "OUTPATIENT ADDICTION TREATMENT FACILITY." AN ADDICTION
10 TREATMENT FACILITY LICENSED BY THE DEPARTMENT OF HEALTH AND
11 DESIGNATED BY THE DEPARTMENT OF CORRECTIONS AS QUALIFIED TO
12 PROVIDE ADDICTION TREATMENT TO CRIMINAL JUSTICE OFFENDERS.
13 "PARTICIPANT." AN ELIGIBLE OFFENDER ACTUALLY SENTENCED TO
14 STATE INTERMEDIATE PUNISHMENT PURSUANT TO SECTION 9721(A)(7)
15 (RELATING TO SENTENCING GENERALLY).
16 "TRANSITIONAL RESIDENCE." A RESIDENCE INVESTIGATED AND
17 APPROVED BY THE DEPARTMENT OF CORRECTIONS AS APPROPRIATE FOR
18 HOUSING A PARTICIPANT IN A DRUG OFFENDER TREATMENT PROGRAM.
19 § 9904. REFERRAL TO STATE INTERMEDIATE PUNISHMENT PROGRAM.
20 (A) REFERRAL FOR EVALUATION.--
21 (1) PRIOR TO IMPOSING A SENTENCE, THE COURT MAY, UPON
22 MOTION OF THE COMMONWEALTH AND AGREEMENT OF THE DEFENDANT,
23 COMMIT A DEFENDANT TO THE CUSTODY OF THE DEPARTMENT FOR THE
24 PURPOSE OF EVALUATING WHETHER THE DEFENDANT WOULD BENEFIT
25 FROM A DRUG OFFENDER TREATMENT PROGRAM AND WHETHER PLACEMENT
26 IN THE DRUG OFFENDER TREATMENT PROGRAM IS APPROPRIATE.
27 (2) UPON COMMITTING A DEFENDANT TO THE DEPARTMENT, THE
28 COURT SHALL FORWARD TO THE DEPARTMENT:
29 (I) A SUMMARY OF THE OFFENSE FOR WHICH THE DEFENDANT
30 HAS BEEN CONVICTED.
20050S0506B1487 - 21 -
1 (II) INFORMATION RELATING TO THE DEFENDANT'S HISTORY
2 OF DELINQUENCY OR CRIMINALITY, INCLUDING THE INFORMATION
3 MAINTAINED BY THE COURT PURSUANT TO CHAPTER 63 (RELATING
4 TO JUVENILE MATTERS), WHEN AVAILABLE.
5 (III) INFORMATION RELATING TO THE DEFENDANT'S
6 HISTORY OF DRUG OR ALCOHOL ABUSE OR ADDICTION, WHEN
7 AVAILABLE.
8 (IV) A PRESENTENCE INVESTIGATION REPORT, WHEN
9 AVAILABLE.
10 (V) ANY OTHER INFORMATION THE COURT DEEMS RELEVANT
11 TO ASSIST THE DEPARTMENT WITH ITS ASSESSMENT OF THE
12 DEFENDANT.
13 (B) ASSESSMENT OF ADDICTION.--
14 (1) THE DEPARTMENT SHALL CONDUCT AN ASSESSMENT OF THE
15 ADDICTION AND OTHER TREATMENT NEEDS OF A DEFENDANT AND
16 DETERMINE WHETHER THE DEFENDANT WOULD BENEFIT FROM A DRUG
17 OFFENDER TREATMENT PROGRAM. THE ASSESSMENT SHALL BE CONDUCTED
18 USING A NATIONALLY RECOGNIZED ASSESSMENT INSTRUMENT OR AN
19 INSTRUMENT THAT HAS BEEN NORMED AND VALIDATED ON THE
20 DEPARTMENT'S INMATE POPULATION BY A RECOGNIZED EXPERT IN SUCH
21 MATTERS. THE ASSESSMENT INSTRUMENT SHALL BE ADMINISTERED BY
22 PERSONS SKILLED IN THE TREATMENT OF DRUG AND ALCOHOL
23 ADDICTION AND TRAINED TO CONDUCT ASSESSMENTS. THE ASSESSMENTS
24 SHALL BE REVIEWED AND APPROVED BY A SUPERVISOR WITH AT LEAST
25 THREE YEARS OF EXPERIENCE PROVIDING DRUG AND ALCOHOL
26 COUNSELING SERVICES.
27 (2) THE DEPARTMENT SHALL CONDUCT RISK AND OTHER
28 ASSESSMENTS IT DEEMS APPROPRIATE AND SHALL PROVIDE A REPORT
29 OF ITS ASSESSMENT TO THE COURT, THE DEFENDANT, THE ATTORNEY
30 FOR THE COMMONWEALTH AND THE COMMISSION WITHIN 60 DAYS OF THE
20050S0506B1487 - 22 -
1 COURT'S COMMITMENT OF THE DEFENDANT TO THE CUSTODY OF THE
2 DEPARTMENT.
3 (C) PROPOSED DRUG OFFENDER TREATMENT PROGRAM.--IF THE
4 DEPARTMENT IN ITS DISCRETION BELIEVES A DEFENDANT WOULD BENEFIT
5 FROM A DRUG OFFENDER TREATMENT PROGRAM AND PLACEMENT IN THE DRUG
6 OFFENDER TREATMENT PROGRAM IS APPROPRIATE, THE DEPARTMENT SHALL
7 PROVIDE THE COURT, THE DEFENDANT, THE ATTORNEY FOR THE
8 COMMONWEALTH AND THE COMMISSION WITH A PROPOSED DRUG OFFENDER
9 TREATMENT PROGRAM DETAILING THE TYPE OF TREATMENT PROPOSED.
10 (D) PREREQUISITES FOR COMMITMENT.--UPON RECEIPT OF A
11 RECOMMENDATION FOR PLACEMENT IN A DRUG OFFENDER TREATMENT
12 PROGRAM FROM THE DEPARTMENT AND AGREEMENT OF THE ATTORNEY FOR
13 THE COMMONWEALTH AND THE DEFENDANT, THE COURT MAY SENTENCE AN
14 ELIGIBLE OFFENDER TO A PERIOD OF 24 MONTHS OF STATE INTERMEDIATE
15 PUNISHMENT IF THE COURT FINDS THAT:
16 (1) THE ELIGIBLE OFFENDER IS LIKELY TO BENEFIT FROM
17 STATE INTERMEDIATE PUNISHMENT.
18 (2) PUBLIC SAFETY WOULD BE ENHANCED BY THE ELIGIBLE
19 OFFENDER'S PARTICIPATION IN STATE INTERMEDIATE PUNISHMENT.
20 (3) SENTENCING THE ELIGIBLE OFFENDER TO STATE
21 INTERMEDIATE PUNISHMENT WOULD NOT DEPRECIATE THE SERIOUSNESS
22 OF THE OFFENSE.
23 (E) CONSECUTIVE PROBATION.--NOTHING IN THIS CHAPTER SHALL
24 PROHIBIT THE COURT FROM SENTENCING AN ELIGIBLE OFFENDER TO A
25 CONSECUTIVE PERIOD OF PROBATION. THE TOTAL DURATION OF THE
26 SENTENCE MAY NOT EXCEED THE MAXIMUM TERM FOR WHICH THE ELIGIBLE
27 OFFENDER COULD OTHERWISE BE SENTENCED.
28 (F) APPLICABILITY AND PROGRAM LIMITATIONS.--THE COURT MAY
29 NOT MODIFY OR ALTER THE TERMS OF THE DEPARTMENT'S PROPOSED
30 INDIVIDUALIZED DRUG OFFENDER TREATMENT PLAN WITHOUT THE
20050S0506B1487 - 23 -
1 AGREEMENT OF THE DEPARTMENT AND THE ATTORNEY FOR THE
2 COMMONWEALTH.
3 (G) VIDEOCONFERENCING.--THE DEPARTMENT SHALL MAKE
4 VIDEOCONFERENCING FACILITIES AVAILABLE TO ALLOW THE COURT TO
5 CONDUCT PROCEEDINGS NECESSARY UNDER THIS SECTION WHEN THE
6 ELIGIBLE OFFENDER HAS BEEN COMMITTED TO THE CUSTODY OF THE
7 DEPARTMENT PURSUANT TO SUBSECTION (B).
8 § 9905. DRUG OFFENDER TREATMENT PROGRAM.
9 (A) ESTABLISHMENT.--THE DEPARTMENT SHALL ESTABLISH AND
10 ADMINISTER A DRUG OFFENDER TREATMENT PROGRAM AS A STATE
11 INTERMEDIATE PUNISHMENT. THE PROGRAM SHALL BE DESIGNED TO
12 ADDRESS THE INDIVIDUALLY ASSESSED DRUG AND ALCOHOL ABUSE AND
13 ADDICTION NEEDS OF A PARTICIPANT AND SHALL ADDRESS OTHER ISSUES
14 ESSENTIAL TO THE PARTICIPANT'S SUCCESSFUL REINTEGRATION INTO THE
15 COMMUNITY, INCLUDING, BUT NOT LIMITED TO, EDUCATIONAL AND
16 EMPLOYMENT ISSUES.
17 (B) DURATION AND COMPONENTS.--NOTWITHSTANDING ANY CREDIT TO
18 WHICH THE DEFENDANT MAY BE ENTITLED UNDER SECTION 9760 (RELATING
19 TO CREDIT FOR TIME SERVED), THE DURATION OF THE DRUG OFFENDER
20 TREATMENT PROGRAM SHALL BE 24 MONTHS AND SHALL INCLUDE THE
21 FOLLOWING:
22 (1) A PERIOD IN A STATE CORRECTIONAL INSTITUTION OF NOT
23 LESS THAN SEVEN MONTHS. THIS PERIOD SHALL INCLUDE:
24 (I) THE TIME DURING WHICH THE DEFENDANTS ARE BEING
25 EVALUATED BY THE DEPARTMENT UNDER SECTION 9904(B)
26 (RELATING TO REFERRAL TO STATE INTERMEDIATE PUNISHMENT
27 PROGRAM).
28 (II) FOLLOWING EVALUATION UNDER SUBPARAGRAPH (I),
29 NOT LESS THAN FOUR MONTHS SHALL BE IN AN INSTITUTIONAL
30 THERAPEUTIC COMMUNITY.
20050S0506B1487 - 24 -
1 (2) A PERIOD OF TREATMENT IN A COMMUNITY-BASED
2 THERAPEUTIC COMMUNITY OF AT LEAST TWO MONTHS.
3 (3) A PERIOD OF AT LEAST SIX MONTHS' TREATMENT THROUGH
4 AN OUTPATIENT ADDICTION TREATMENT FACILITY. DURING THE
5 OUTPATIENT ADDICTION TREATMENT PERIOD OF THE DRUG OFFENDER
6 TREATMENT PROGRAM, THE PARTICIPANT MAY BE HOUSED IN A
7 COMMUNITY CORRECTIONS CENTER OR GROUP HOME OR PLACED IN AN
8 APPROVED TRANSITIONAL RESIDENCE. THE PARTICIPANT MUST COMPLY
9 WITH ANY CONDITIONS ESTABLISHED BY THE DEPARTMENT REGARDLESS
10 OF WHERE THE PARTICIPANT RESIDES DURING THE OUTPATIENT
11 ADDICTION TREATMENT PORTION OF THE DRUG OFFENDER TREATMENT
12 PROGRAM.
13 (4) A PERIOD OF SUPERVISED REINTEGRATION INTO THE
14 COMMUNITY FOR THE BALANCE OF THE DRUG OFFENDER TREATMENT
15 PROGRAM, DURING WHICH THE PARTICIPANT SHALL CONTINUE TO BE
16 SUPERVISED BY THE DEPARTMENT AND COMPLY WITH ANY CONDITIONS
17 IMPOSED BY THE DEPARTMENT.
18 (C) PROGRAM MANAGEMENT.--
19 (1) CONSISTENT WITH THE MINIMUM TIME REQUIREMENTS SET
20 FORTH IN SUBSECTION (B), THE DEPARTMENT MAY TRANSFER, AT ITS
21 DISCRETION, A PARTICIPANT BETWEEN A STATE CORRECTIONAL
22 INSTITUTION, AN INSTITUTIONAL THERAPEUTIC COMMUNITY, A
23 COMMUNITY-BASED THERAPEUTIC COMMUNITY, AN OUTPATIENT
24 ADDICTION TREATMENT PROGRAM AND AN APPROVED TRANSITIONAL
25 RESIDENCE. THE DEPARTMENT MAY ALSO TRANSFER A PARTICIPANT
26 BACK AND FORTH BETWEEN LESS RESTRICTIVE AND MORE RESTRICTIVE
27 SETTINGS BASED UPON THE PARTICIPANT'S PROGRESS OR REGRESSION
28 IN TREATMENT OR FOR MEDICAL, DISCIPLINARY OR OTHER
29 ADMINISTRATIVE REASONS.
30 (2) THIS SUBSECTION SHALL BE CONSTRUED TO PROVIDE THE
20050S0506B1487 - 25 -
1 DEPARTMENT WITH THE MAXIMUM FLEXIBILITY TO ADMINISTER THE
2 DRUG OFFENDER TREATMENT PROGRAM BOTH AS A WHOLE AND FOR
3 INDIVIDUAL PARTICIPANTS.
4 (D) RIGHT OF REFUSAL TO ADMIT.--THE ADMINISTRATOR OF A
5 COMMUNITY-BASED THERAPEUTIC COMMUNITY OR OUTPATIENT ADDICTION
6 TREATMENT FACILITY MAY REFUSE TO ACCEPT A PARTICIPANT WHOM THE
7 ADMINISTRATOR DEEMS TO BE INAPPROPRIATE FOR ADMISSION AND MAY
8 IMMEDIATELY DISCHARGE TO THE CUSTODY OF THE DEPARTMENT ANY
9 PARTICIPANT WHO FAILS TO COMPLY WITH FACILITY RULES AND
10 TREATMENT EXPECTATIONS OR REFUSES TO CONSTRUCTIVELY ENGAGE IN
11 THE TREATMENT PROCESS.
12 (E) NOTICE TO COURT OF COMPLETION OF PROGRAM.--WHEN THE
13 DEPARTMENT DETERMINES THAT A PARTICIPANT HAS SUCCESSFULLY
14 COMPLETED THE DRUG OFFENDER TREATMENT PROGRAM, IT SHALL NOTIFY
15 THE SENTENCING COURT, THE ATTORNEY FOR THE COMMONWEALTH AND THE
16 COMMISSION.
17 (F) EXPULSION FROM PROGRAM.--
18 (1) A PARTICIPANT MAY BE EXPELLED FROM THE DRUG OFFENDER
19 TREATMENT PROGRAM AT ANY TIME IN ACCORDANCE WITH GUIDELINES
20 ESTABLISHED BY THE DEPARTMENT, INCLUDING FAILURE TO COMPLY
21 WITH ADMINISTRATIVE OR DISCIPLINARY PROCEDURES OR
22 REQUIREMENTS SET FORTH BY THE DEPARTMENT.
23 (2) THE DEPARTMENT SHALL PROMPTLY NOTIFY THE COURT, THE
24 DEFENDANT, THE ATTORNEY FOR THE COMMONWEALTH AND THE
25 COMMISSION OF THE EXPULSION OF A PARTICIPANT FROM THE DRUG
26 OFFENDER TREATMENT PROGRAM AND THE REASON FOR SUCH EXPULSION.
27 THE PARTICIPANT SHALL BE HOUSED IN A STATE CORRECTIONAL
28 INSTITUTION OR COUNTY JAIL PENDING ACTION BY THE COURT.
29 (3) THE COURT SHALL SCHEDULE A PROMPT STATE INTERMEDIATE
30 PUNISHMENT REVOCATION HEARING PURSUANT TO SECTION 9774
20050S0506B1487 - 26 -
1 (RELATING TO REVOCATION OF STATE INTERMEDIATE PUNISHMENT
2 SENTENCE).
3 § 9906. WRITTEN GUIDELINES AND REGULATIONS.
4 THE DEPARTMENT SHALL DEVELOP WRITTEN GUIDELINES FOR
5 PARTICIPANT SELECTION CRITERIA AND THE ESTABLISHMENT OF DRUG
6 OFFENDER TREATMENT PROGRAM SELECTION COMMITTEES WITHIN EACH
7 DIAGNOSTIC AND CLASSIFICATION CENTER OF THE DEPARTMENT AND SHALL
8 ADDRESS SUSPENSIONS AND EXPULSIONS FROM THE DRUG OFFENDER
9 TREATMENT PROGRAM. THE GUIDELINES SHALL NOT BE SUBJECT TO THE
10 ACT OF JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS THE REGULATORY
11 REVIEW ACT, AND SHALL BE EFFECTIVE FOR A PERIOD OF TWO YEARS
12 UPON PUBLICATION IN THE PENNSYLVANIA BULLETIN. THE GUIDELINES
13 SHALL BE REPLACED BY REGULATIONS PROMULGATED BY THE DEPARTMENT
14 CONSISTENT WITH THE REGULATORY REVIEW ACT WITHIN THE TWO-YEAR
15 PERIOD DURING WHICH THE GUIDELINES ARE EFFECTIVE. THE
16 REGULATIONS SHALL INCLUDE A REQUIREMENT THAT COMMUNITY-BASED
17 THERAPEUTIC COMMUNITIES UTILIZED IN THE DRUG OFFENDER TREATMENT
18 PROGRAM BE ACCREDITED AS A THERAPEUTIC COMMUNITY FOR TREATMENT
19 OF DRUG AND ALCOHOL ABUSE AND ADDICTION BY THE COMMISSION ON
20 ACCREDITATION OF REHABILITATION FACILITIES OR OTHER NATIONALLY
21 RECOGNIZED ACCREDITATION ORGANIZATION FOR COMMUNITY-BASED
22 THERAPEUTIC COMMUNITIES FOR DRUG AND ALCOHOL ADDICTION
23 TREATMENT.
24 § 9907. REPORTS.
25 (A) FINAL REPORT.--THE DEPARTMENT SHALL PROVIDE A FINAL
26 REPORT TO THE COURT, THE DEFENDANT, THE ATTORNEY FOR THE
27 COMMONWEALTH AND THE COMMISSION ON A PARTICIPANT'S PROGRESS IN
28 THE DRUG OFFENDER TREATMENT PROGRAM.
29 (B) EVALUATION AND REPORT TO GENERAL ASSEMBLY.--THE
30 DEPARTMENT AND THE COMMISSION SHALL MONITOR AND EVALUATE THE
20050S0506B1487 - 27 -
1 DRUG OFFENDER TREATMENT PROGRAM TO ENSURE THAT THE PROGRAMMATIC
2 OBJECTIVES ARE MET. IN ODD-NUMBERED YEARS, THE DEPARTMENT SHALL
3 PRESENT A REPORT OF ITS EVALUATION TO THE JUDICIARY COMMITTEE OF
4 THE SENATE AND THE JUDICIARY COMMITTEE OF THE HOUSE OF
5 REPRESENTATIVES NO LATER THAN FEBRUARY 1. IN EVEN-NUMBERED
6 YEARS, THE COMMISSION SHALL PRESENT A REPORT OF ITS EVALUATION
7 TO THE JUDICIARY COMMITTEE OF THE SENATE AND THE JUDICIARY
8 COMMITTEE OF THE HOUSE OF REPRESENTATIVES NO LATER THAN FEBRUARY
9 1. THE REPORT SHALL INCLUDE:
10 (1) THE NUMBER OF OFFENDERS EVALUATED FOR THE DRUG
11 OFFENDER TREATMENT PROGRAM.
12 (2) THE NUMBER OF OFFENDERS SENTENCED TO THE DRUG
13 OFFENDER TREATMENT PROGRAM.
14 (3) THE NUMBER OF OFFENDERS SENTENCED TO A STATE
15 CORRECTIONAL INSTITUTION WHO MAY HAVE BEEN ELIGIBLE FOR THE
16 DRUG OFFENDER TREATMENT PROGRAM.
17 (4) THE NUMBER OF OFFENDERS SUCCESSFULLY COMPLETING THE
18 DRUG OFFENDER TREATMENT PROGRAM.
19 (5) THE SIX-MONTH, ONE-YEAR, THREE-YEAR AND FIVE-YEAR
20 RECIDIVISM RATES FOR OFFENDERS WHO HAVE COMPLETED THE DRUG
21 OFFENDER TREATMENT PROGRAM AND FOR A COMPARISON GROUP OF
22 OFFENDERS WHO WERE NOT PLACED IN THE DRUG OFFENDER TREATMENT
23 PROGRAM.
24 (6) ANY CHANGES THE DEPARTMENT OR THE COMMISSION
25 BELIEVES WILL MAKE THE DRUG OFFENDER TREATMENT PROGRAM MORE
26 EFFECTIVE.
27 § 9908. CONSTRUCTION.
28 NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
29 THIS CHAPTER SHALL NOT BE CONSTRUED TO:
30 (1) CONFER ANY LEGAL RIGHT UPON ANY INDIVIDUAL,
20050S0506B1487 - 28 -
1 INCLUDING AN INDIVIDUAL PARTICIPATING IN THE DRUG OFFENDER
2 TREATMENT PROGRAM, TO:
3 (I) PARTICIPATE IN A DRUG OFFENDER TREATMENT
4 PROGRAM;
5 (II) CONTINUE PARTICIPATION IN A DRUG OFFENDER
6 TREATMENT PROGRAM;
7 (III) MODIFY THE CONTENTS OF THE DRUG OFFENDER
8 TREATMENT PROGRAM; OR
9 (IV) FILE ANY CAUSE OF ACTION IN ANY COURT
10 CHALLENGING THE DEPARTMENT'S DETERMINATION THAT A
11 PARTICIPANT BE SUSPENDED OR EXPELLED FROM OR THAT A
12 PARTICIPANT HAS SUCCESSFULLY COMPLETED OR FAILED TO
13 SUCCESSFULLY COMPLETE TREATMENT TO BE PROVIDED DURING ANY
14 PORTION OF A DRUG OFFENDER TREATMENT PROGRAM.
15 (2) ENLARGE OR LIMIT THE RIGHT OF A PARTICIPANT TO
16 APPEAL THE PARTICIPANT'S SENTENCE.
17 § 9909. EVALUATION.
18 THE DEPARTMENT AND THE COMMISSION SHALL MONITOR AND EVALUATE
19 THE MOTIVATIONAL BOOT CAMP PROGRAM UNDER THE ACT OF DECEMBER 19,
20 1990 (P.L.1391, NO.215), KNOWN AS THE MOTIVATIONAL BOOT CAMP
21 ACT, TO ENSURE THAT THE PROGRAMMATIC OBJECTIVES ARE MET. IN
22 EVEN-NUMBERED YEARS, THE DEPARTMENT SHALL PRESENT A REPORT OF
23 ITS EVALUATION TO THE JUDICIARY COMMITTEE OF THE SENATE AND THE
24 JUDICIARY COMMITTEE OF THE HOUSE OF REPRESENTATIVES NO LATER
25 THAN FEBRUARY 1. IN ODD-NUMBERED YEARS, THE COMMISSION SHALL
26 PRESENT A REPORT OF ITS EVALUATION TO THE JUDICIARY COMMITTEE OF
27 THE SENATE AND THE JUDICIARY COMMITTEE OF THE HOUSE OF
28 REPRESENTATIVES NO LATER THAN FEBRUARY 1.]
29 SECTION 3. TITLE 42 IS AMENDED BY ADDING A CHAPTER TO READ:
30 CHAPTER 99
20050S0506B1487 - 29 -
1 OTHER CRIMINAL PROVISIONS
2 SUBCHAPTER
3 A. COUNTY PROBATION OFFICERS
4 SUBCHAPTER A
5 COUNTY PROBATION OFFICERS
6 SEC.
7 9901. DEFINITIONS.
8 9902. SUPERVISORY RELATIONSHIP TO OFFENDERS.
9 9903. PEACE OFFICER POWER FOR PROBATION OFFICERS.
10 § 9901. DEFINITIONS.
11 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS SUBCHAPTER
12 SHALL HAVE THE MEANINGS GIVEN IN THIS SECTION UNLESS THE CONTEXT
13 CLEARLY INDICATES OTHERWISE:
14 "ARD." ACCELERATED REHABILITATIVE DISPOSITION.
15 "CONDITIONS OF SUPERVISION." ANY TERMS OR CONDITIONS OF AN
16 OFFENDER'S SUPERVISION WHETHER IMPOSED BY THE COURT OR AN
17 OFFICER, INCLUDING COMPLIANCE WITH ALL REQUIREMENTS OF FEDERAL,
18 STATE AND LOCAL LAW.
19 "CONTRABAND." ANY ITEM THAT AN OFFENDER IS NOT PERMITTED TO
20 POSSESS UNDER THE CONDITIONS OF SUPERVISION, INCLUDING ANY ITEM
21 WHOSE POSSESSION IS FORBIDDEN BY ANY FEDERAL, STATE OR LOCAL
22 LAW.
23 "COURT." THE COURT OF COMMON PLEAS OR ANY JUDGE THEREOF, THE
24 PHILADELPHIA MUNICIPAL COURT OR ANY JUDGE THEREOF, THE
25 PITTSBURGH MAGISTRATES COURT OR ANY JUDGE THEREOF OR ANY
26 MAGISTERIAL DISTRICT JUDGE.
27 "EXIGENT CIRCUMSTANCES." THE TERM INCLUDES, BUT IS NOT
28 LIMITED TO, SUSPICION THAT CONTRABAND OR OTHER EVIDENCE OF
29 VIOLATIONS OF THE CONDITIONS OF SUPERVISION MIGHT BE DESTROYED
30 OR SUSPICION THAT A WEAPON MIGHT BE USED. EXIGENT CIRCUMSTANCES
20050S0506B1487 - 30 -
1 ALWAYS EXIST WITH RESPECT TO A VEHICLE.
2 "OFFENDER." A PERSON RELEASED ON COUNTY PROBATION,
3 INTERMEDIATE PUNISHMENT OR COUNTY PAROLE. THE TERM SHALL NOT
4 INCLUDE ANY PERSON SERVING A PERIOD OF PROBATION PURSUANT TO
5 ACCELERATED REHABILITATIVE DISPOSITION, EXCEPT AS AUTHORIZED
6 UNDER SECTION 6362(B)(RELATING TO SUPERVISORY RELATIONSHIP TO
7 OFFENDERS).
8 "OFFICER." A PROBATION OR PAROLE OFFICER APPOINTED OR
9 EMPLOYED BY ANY COURT OR BY ANY COUNTY DEPARTMENT OF PROBATION
10 AND PAROLE TO SUPERVISE PERSONS RELEASED ON COUNTY PROBATION OR
11 PAROLE.
12 "PERSONAL SEARCH." A WARRANTLESS SEARCH OF AN OFFENDER'S
13 PERSON, INCLUDING, BUT NOT LIMITED TO, THE OFFENDER'S CLOTHING
14 AND ANY PERSONAL PROPERTY WHICH IS IN THE POSSESSION, WITHIN THE
15 REACH OR UNDER THE CONTROL OF THE OFFENDER.
16 "PROPERTY SEARCH." A WARRANTLESS SEARCH OF REAL PROPERTY,
17 VEHICLE OR PERSONAL PROPERTY WHICH IS IN THE POSSESSION OR UNDER
18 THE CONTROL OF AN OFFENDER.
19 "REAL PROPERTY." ANY RESIDENCE OR BUSINESS PROPERTY OF AN
20 OFFENDER, INCLUDING ALL PORTIONS OF THE PROPERTY TO WHICH THE
21 OFFENDER HAS ACCESS.
22 "SUPERVISOR." AN INDIVIDUAL ACTING IN A SUPERVISORY OR
23 ADMINISTRATIVE CAPACITY.
24 § 9902. SUPERVISORY RELATIONSHIP TO OFFENDERS.
25 (A) GENERAL RULE.--OFFICERS ARE IN A SUPERVISORY
26 RELATIONSHIP WITH THEIR OFFENDERS. THE PURPOSE OF THIS
27 SUPERVISION IS TO ASSIST THE OFFENDERS IN THEIR REHABILITATION
28 AND REASSIMILATION INTO THE COMMUNITY AND TO PROTECT THE PUBLIC.
29 (B) SEARCHES AND SEIZURES AUTHORIZED.--
30 (1) OFFICERS AND, WHERE THEY ARE RESPONSIBLE FOR THE
20050S0506B1487 - 31 -
1 SUPERVISION OF COUNTY OFFENDERS, STATE PAROLE AGENTS MAY
2 SEARCH THE PERSON AND PROPERTY OF OFFENDERS IN ACCORDANCE
3 WITH THE PROVISIONS OF THIS SECTION.
4 (2) (I) OFFICERS MAY SEARCH, IN ACCORDANCE WITH THE
5 PROVISIONS OF THIS SECTION, THE PERSON AND PROPERTY OF
6 ANY OFFENDER WHO ACCEPTS ARD AS A RESULT OF A CHARGE OF A
7 VIOLATION OF 18 PA.C.S. CH. 31 (RELATING TO SEXUAL
8 OFFENSES) IF THE COURT HAS DETERMINED THAT THE OFFENDER
9 SHALL BE SUBJECT TO PERSONAL AND PROPERTY SEARCHES AS A
10 CONDITION OF THE OFFENDER'S PARTICIPATION IN THE ARD
11 PROGRAM.
12 (II) THE COURT SHALL NOTIFY EACH OFFENDER SO OFFERED
13 ARD, PRIOR TO ADMISSION TO AN ARD PROGRAM, THAT THE
14 OFFENDER SHALL BE SUBJECT TO SEARCHES IN ACCORDANCE WITH
15 THIS SECTION.
16 (III) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO
17 PERMIT SEARCHES OR SEIZURES IN VIOLATION OF THE
18 CONSTITUTION OF THE UNITED STATES OR SECTION 8 OF ARTICLE
19 I OF THE CONSTITUTION OF PENNSYLVANIA.
20 (C) EFFECT OF VIOLATION.--NO VIOLATION OF THIS SECTION SHALL
21 CONSTITUTE AN INDEPENDENT GROUND FOR SUPPRESSION OF EVIDENCE IN
22 ANY PROBATION AND PAROLE OR CRIMINAL PROCEEDING.
23 (D) GROUNDS FOR PERSONAL SEARCH.--
24 (1) A PERSONAL SEARCH OF AN OFFENDER MAY BE CONDUCTED BY
25 AN OFFICER:
26 (I) IF THERE IS A REASONABLE SUSPICION TO BELIEVE
27 THAT THE OFFENDER POSSESSES CONTRABAND OR OTHER EVIDENCE
28 OF VIOLATIONS OF THE CONDITIONS OF SUPERVISION;
29 (II) WHEN AN OFFENDER IS TRANSPORTED OR TAKEN INTO
30 CUSTODY; OR
20050S0506B1487 - 32 -
1 (III) UPON AN OFFENDER ENTERING OR LEAVING THE
2 SECURING ENCLOSURE OF A CORRECTIONAL INSTITUTION, JAIL OR
3 DETENTION FACILITY.
4 (2) A PROPERTY SEARCH MAY BE CONDUCTED BY AN OFFICER IF
5 THERE IS REASONABLE SUSPICION TO BELIEVE THAT THE REAL OR
6 OTHER PROPERTY IN THE POSSESSION OF OR UNDER THE CONTROL OF
7 THE OFFENDER CONTAINS CONTRABAND OR OTHER EVIDENCE OF
8 VIOLATIONS OF THE CONDITIONS OF SUPERVISION.
9 (3) PRIOR APPROVAL OF A SUPERVISOR SHALL BE OBTAINED FOR
10 A PROPERTY SEARCH ABSENT EXIGENT CIRCUMSTANCES. NO PRIOR
11 APPROVAL SHALL BE REQUIRED FOR A PERSONAL SEARCH.
12 (4) A WRITTEN REPORT OF EVERY PROPERTY SEARCH CONDUCTED
13 WITHOUT PRIOR APPROVAL SHALL BE PREPARED BY THE OFFICER WHO
14 CONDUCTED THE SEARCH AND FILED IN THE OFFENDER'S CASE RECORD.
15 THE EXIGENT CIRCUMSTANCES SHALL BE STATED IN THE REPORT.
16 (5) THE OFFENDER MAY BE DETAINED IF HE IS PRESENT DURING
17 A PROPERTY SEARCH. IF THE OFFENDER IS NOT PRESENT DURING A
18 PROPERTY SEARCH, THE OFFICER IN CHARGE OF THE SEARCH SHALL
19 MAKE A REASONABLE EFFORT TO PROVIDE THE OFFENDER WITH NOTICE
20 OF THE SEARCH, INCLUDING A LIST OF THE ITEMS SEIZED, AFTER
21 THE SEARCH IS COMPLETED.
22 (6) THE EXISTENCE OF REASONABLE SUSPICION TO SEARCH
23 SHALL BE DETERMINED IN ACCORDANCE WITH CONSTITUTIONAL SEARCH
24 AND SEIZURE PROVISIONS AS APPLIED BY JUDICIAL DECISION. IN
25 ACCORDANCE WITH SUCH CASE LAW, THE FOLLOWING FACTORS, WHERE
26 APPLICABLE, MAY BE TAKEN INTO ACCOUNT:
27 (I) THE OBSERVATIONS OF OFFICERS.
28 (II) INFORMATION PROVIDED BY OTHERS.
29 (III) THE ACTIVITIES OF THE OFFENDER.
30 (IV) INFORMATION PROVIDED BY THE OFFENDER.
20050S0506B1487 - 33 -
1 (V) THE EXPERIENCE OF THE OFFICERS WITH THE
2 OFFENDER.
3 (VI) THE EXPERIENCE OF OFFICERS IN SIMILAR
4 CIRCUMSTANCES.
5 (VII) THE PRIOR CRIMINAL AND SUPERVISORY HISTORY OF
6 THE OFFENDER.
7 (VIII) THE NEED TO VERIFY COMPLIANCE WITH THE
8 CONDITIONS OF SUPERVISION.
9 (E) NONRESIDENT OFFENDERS.--NO OFFICER SHALL CONDUCT A
10 PERSONAL OR PROPERTY SEARCH OF AN OFFENDER WHO IS RESIDING IN A
11 FOREIGN STATE EXCEPT FOR THE LIMITED PURPOSES PERMITTED UNDER
12 THE INTERSTATE COMPACT FOR THE SUPERVISION OF PAROLEES AND
13 PROBATIONERS. THE OFFENDER IS HELD ACCOUNTABLE TO THE RULES OF
14 BOTH THE SENDING STATE AND THE RECEIVING STATE. ANY PERSONAL OR
15 PROPERTY SEARCH OF AN OFFENDER RESIDING IN ANOTHER STATE SHALL
16 BE CONDUCTED BY AN OFFICER OF THE RECEIVING STATE.
17 (F) WHEN AUTHORITY IS EFFECTIVE.--THE AUTHORITY GRANTED TO
18 THE OFFICERS UNDER THIS SECTION SHALL BE EFFECTIVE UPON
19 ENACTMENT OF THIS SECTION, WITHOUT THE NECESSITY OF ANY FURTHER
20 REGULATION BY THE BOARD.
21 § 9903. PEACE OFFICER POWER FOR PROBATION OFFICERS.
22 AN OFFICER IS DECLARED TO BE A PEACE OFFICER AND SHALL HAVE
23 POLICE POWERS AND AUTHORITY THROUGHOUT THIS COMMONWEALTH TO
24 ARREST WITH OR WITHOUT WARRANT, WRIT, RULE OR PROCESS ANY PERSON
25 ON PROBATION, INTERMEDIATE PUNISHMENT OR PAROLE UNDER THE
26 SUPERVISION OF THE COURT FOR FAILING TO REPORT AS REQUIRED BY
27 THE TERMS OF THAT PERSON'S PROBATION, INTERMEDIATE PUNISHMENT OR
28 PAROLE OR FOR ANY OTHER VIOLATION OF THAT PERSON'S PROBATION,
29 INTERMEDIATE PUNISHMENT OR PAROLE.
30 SECTION 4. THE HEADING OF TITLE 61 IS AMENDED AND THE TITLE
20050S0506B1487 - 34 -
1 IS AMENDED BY ADDING PARTS TO READ:
2 TITLE 61
3 [PENAL AND CORRECTIONAL INSTITUTIONS]
4 PRISONS, PROBATION AND PAROLE <--
5 PART I
6 GENERAL PROVISIONS
7 Chapter
8 1. Preliminary Provisions
9 CHAPTER 1
10 PRELIMINARY PROVISIONS
11 Sec.
12 101. Short title of title.
13 102. Definitions.
14 § 101. Short title of title.
15 This title shall be known and may be cited as the Prisons, <--
16 Probation and Parole Code.
17 § 102. Definitions.
18 The following words and phrases when used in this title shall
19 have the meanings given to them in this section unless the
20 context clearly indicates otherwise:
21 "Board." The Pennsylvania Board of Probation and Parole.
22 "Chief administrator." The warden, superintendent or other
23 officer in charge of a correctional institution.
24 "Correctional institution." A State correctional institution
25 or a county correctional institution.
26 "Corrections officer." A person employed at a correctional
27 institution to provide any security or custodial service for
28 inmates.
29 "County correctional institution." A correctional facility,
30 prison or jail owned or operated by a county.
20050S0506B1487 - 35 -
1 "Department." The Department of Corrections of the
2 Commonwealth.
3 "Inmate." A person committed to a term of imprisonment or
4 otherwise confined under the custody of the Commonwealth or a
5 county in a correctional institution in accordance with law.
6 "Secretary." The Secretary of Corrections of the
7 Commonwealth.
8 "State correctional institution." A correctional facility,
9 prison or jail owned or operated by the Commonwealth.
10 PART II
11 CORRECTIONAL INSTITUTIONS
12 Chapter
13 11. General Administration
14 13. (Reserved)
15 15. (Reserved)
16 17. County Correctional Institutions
17 19. Philadelphia County Prison <--
18 21. House of Detention for Untried Inmates and Witnesses
19 19. (RESERVED). <--
20 21. (RESERVED).
21 23. Improvements to State Correctional Institutions
22 CHAPTER 11
23 GENERAL ADMINISTRATION
24 Subchapter
25 A. Penal Operations and Procedures <--
26 B. Inmate Transfers
27 C. Escaped Inmates
28 A. PENAL OPERATIONS AND PROCEDURES <--
29 B. INMATE TRANSFERS
30 C. ESCAPED INMATES
20050S0506B1487 - 36 -
1 SUBCHAPTER A
2 PENAL OPERATIONS AND PROCEDURES
3 Sec.
4 1101. Benefits to injured employees of State correctional
5 institutions.
6 1102. Correctional facility for criminological diagnosis.
7 1103. Recording system for identification of criminal
8 offenders.
9 § 1101. Benefits to injured employees of State correctional
10 institutions.
11 (a) General rule.--An employee of a State correctional
12 institution who is injured during the course of that employment
13 by an act of an inmate or by any person who has been committed
14 to the State correctional institution by any court of the
15 Commonwealth or by any provision of the act of July 9, 1976
16 (P.L.817, No.143), known as the Mental Health Procedures Act,
17 shall be paid by the Commonwealth the employee's full salary
18 until the disability arising from the injury no longer prevents
19 the employee's return as an employee of the department at a
20 salary equal to that earned by the employee at the time of the
21 injury.
22 (b) Medical and hospital expenses.--All medical and hospital
23 expenses incurred in connection with an injury described in
24 subsection (a) shall be paid by the Commonwealth until the
25 disability arising from the injury no longer prevents the
26 employee's return as an employee of the department at a salary
27 equal to that earned by the employee at the time of the injury.
28 (c) Workers' compensation.--During the time salary for an
29 injury described in subsection (a) shall be paid by the
30 Commonwealth, any workers' compensation received or collected
20050S0506B1487 - 37 -
1 for the period shall be turned over to the Commonwealth and paid
2 into the General Fund. If such payment is not made, the amount
3 due the Commonwealth shall be deducted from any salary then or
4 thereafter becoming due and owing to the employee.
5 (d) Survivor benefits.--
6 (1) The surviving spouse and minor dependents of an
7 employee who dies within one year as a result of an injury
8 described in subsection (a) shall be paid benefits equal to
9 50% of the full salary of the deceased employee.
10 (2) (i) When a surviving spouse and minor dependents
11 not in the custody of the surviving spouse are entitled
12 to payments, 50% of the payments shall be paid to the
13 surviving spouse and 50% to the dependents.
14 (ii) In every case the amount payable to minor
15 dependents shall be divided equally among them and be
16 paid to the persons or institutions having custody of
17 them.
18 (3) (i) In the case of a surviving spouse or a
19 surviving spouse with minor dependents in the custody of
20 the surviving spouse, the benefits shall terminate when
21 the surviving spouse remarries.
22 (ii) In the case of minor dependents, except when in
23 the custody of a remarried surviving spouse, the benefits
24 shall terminate when all of the minor dependents become
25 18 years of age.
26 (iii) Neither a surviving spouse nor minor
27 dependents shall receive any benefits under this section
28 while receiving benefits under the Social Security Act
29 (49 Stat. 620, 42 U.S.C. § 301 et seq.).
30 (4) The benefits provided by UNDER this subsection shall <--
20050S0506B1487 - 38 -
1 be reduced by the amount of any workers' compensation
2 benefits received or collected by the surviving spouse or
3 minor dependents because of the same injury.
4 (5) Payments for the benefit of minor dependents shall
5 be made to the person having legal custody of them.
6 (e) Effect of injury on leave of absence.--No absence from
7 duty of any State employee to whom this section applies by
8 reason of any injury described in subsection (a) shall in any
9 manner be deducted from any period of leave allowed the employee
10 by law or by regulation.
11 § 1102. Correctional facility for criminological diagnosis.
12 (a) Establishment.--There is hereby established a
13 correctional facility for criminological diagnosis,
14 classification, social and psychological treatment and research,
15 medical treatment and staff training.
16 (b) Operation and management.--The Office of General <--
17 Counsel, through the department, DEPARTMENT shall operate and <--
18 manage the correctional facility established under this section,
19 including staff training and the treatment, care, maintenance,
20 employment and rehabilitation of the inmates in that facility.
21 § 1103. Recording system for identification of criminal
22 offenders.
23 (a) General rule.--The Pennsylvania State Police shall
24 continue to procure and file for record photographs, pictures,
25 descriptions, fingerprints and such other information pertaining
26 to all persons who have been or may after the effective date of <--
27 this section be convicted of a criminal offense within this
28 Commonwealth and also of all well-known and habitual criminal
29 offenders, wherever they may be procured.
30 (b) Cooperation from chief administrators.--Chief
20050S0506B1487 - 39 -
1 administrators of correctional facilities shall furnish to the
2 Pennsylvania State Police, upon request, the fingerprints,
3 photographs and description of any inmate.
4 (c) Fingerprinting and photographing authorized.--
5 (1) The Pennsylvania State Police, chief administrators
6 of correctional facilities and all police officers within the
7 several political subdivisions of this Commonwealth may take
8 or cause to be taken the fingerprints or photographs of any
9 person in custody, charged with the commission of a criminal
10 offense or reasonably believed to be a fugitive from justice
11 or a habitual criminal. This paragraph shall not apply to
12 persons charged with a violation of 75 Pa.C.S. (relating to
13 vehicles) which is punishable upon conviction in a summary
14 proceeding unless the person is reasonably believed to be a
15 fugitive from justice or a habitual criminal.
16 (2) The chiefs of law enforcement bureaus of all cities
17 within this Commonwealth shall furnish daily to the
18 Pennsylvania State Police copies of the fingerprints and, if
19 possible, photographs of any person arrested within their
20 jurisdiction charged with the commission of a criminal
21 offense classified as a felony of any degree, or who is
22 reasonably believed to be a fugitive from justice or a
23 habitual criminal. Such fingerprints shall be taken on forms
24 furnished or approved by the Pennsylvania State Police.
25 (3) The Pennsylvania State Police immediately upon the
26 receipt of records under this subsection shall compare them
27 with those already in their files and, if they find that any
28 person arrested has a previous criminal record or is a
29 fugitive from justice, shall immediately inform the arresting
30 officer or the officer having the inmate in charge of that
20050S0506B1487 - 40 -
1 fact.
2 (d) Cooperation outside this Commonwealth.--The Pennsylvania
3 State Police shall cooperate with agencies of other states and
4 of the United States having similar powers to develop and carry
5 on a complete interstate, national and international system of
6 criminal identification and investigation and also to furnish,
7 upon request, any information in its possession concerning any
8 person charged with a criminal offense to any court, district
9 attorney or police officer of this Commonwealth, another state
10 or the United States.
11 (e) District attorneys may employ experts.--
12 (1) District attorneys may employ experts on
13 fingerprints to assist them in the investigation of pending
14 cases and to testify at the trial thereof. The compensation
15 of any such expert shall be fixed by the district attorney
16 employing the expert, with the approval of the court of
17 common pleas, and shall be paid from the county treasury upon
18 warrant of the county commissioners in the usual manner.
19 (2) The district attorney of any county, the chief
20 administrator of a county correctional institution, any
21 expert employed by the district attorney or any other person
22 designated by the district attorney may, upon the written
23 order of the district attorney, take the fingerprints of any
24 person confined in the county correctional institution for
25 use in the identification of the inmate or for the inmate's
26 trial.
27 (3) (i) The district attorneys of the several counties
28 shall keep and arrange files of the fingerprints, taken
29 under this section, of persons convicted of a criminal
30 offense and shall destroy the fingerprints of all persons
20050S0506B1487 - 41 -
1 acquitted.
2 (ii) The files of fingerprints maintained by the
3 district attorneys shall be open to the inspection of any
4 other district attorney of this Commonwealth, or their
5 representatives, or of the Pennsylvania State Police or
6 any sheriff or law enforcement officer.
7 SUBCHAPTER B
8 INMATE TRANSFERS
9 Sec.
10 1151. General transfer authorization.
11 1152. Transfer of inmates in need of medical treatment. <--
12 1153. Transfers to department.
13 1154. Expense of removing certain inmates.
14 1155. Law enforcement use of county correctional institutions.
15 1152. TRANSFERS TO DEPARTMENT. <--
16 1153. EXPENSE OF REMOVING CERTAIN INMATES.
17 1154. LAW ENFORCEMENT USE OF COUNTY CORRECTIONAL INSTITUTIONS.
18 § 1151. General transfer authorization.
19 (a) County to State.--At the request of the chief
20 administrator of a county correctional institution, the
21 secretary or his designee may transfer inmates located in a
22 county correctional institution to the State correctional
23 institution system for such reasons and upon such terms and
24 conditions as the secretary may determine. The secretary or his
25 designee may transfer inmates in the State correctional
26 institution system to the jurisdiction of a county correctional
27 institution system upon such terms and conditions that the
28 secretary or his designee and the chief administrator of the
29 county correctional institution determine to be in the best
30 interests of the Commonwealth.
20050S0506B1487 - 42 -
1 (b) County to county.--An inmate located in a county
2 correctional institution may be transferred to another county
3 correctional institution upon such terms and conditions as the
4 counties may determine.
5 (c) Federal to county or State.--The department and county
6 correctional institutions may contract with the Federal
7 Government for the housing of Federal inmates in correctional
8 facilities.
9 § 1152. Transfer of inmates in need of medical treatment. <--
10 (a) General rule.--Whenever an inmate is shown to a court of
11 record by due proof that the inmate is seriously ill and that it
12 is necessary to remove the inmate from the correctional
13 institution, the court may:
14 (1) Modify its sentence, impose a suitable sentence or
15 modify the order of confinement for trial, as the case may
16 be.
17 (2) Provide for the confinement or care of the inmate in
18 some other suitable institution where proper medical
19 treatment may be administered.
20 (b) Recommitment.--When an inmate is removed under
21 subsection (a) and recovers from the serious illness, the court
22 shall recommit the inmate to the correctional facility from
23 which the inmate was removed.
24 (c) Penalty.--An inmate who is removed under an order of
25 court pursuant to subsection (a) and escapes commits an offense
26 under 18 Pa.C.S. § 5121(a) (relating to escape).
27 § 1153 1152. Transfers to department. <--
28 (a) Cities of the first class.--Every person sentenced by
29 any court to a county correctional institution situate in a city
30 of the first class shall be committed to the custody of the
20050S0506B1487 - 43 -
1 department, where the department has established a correctional,
2 diagnostic and classification service for persons convicted of
3 any crime.
4 (b) Duty of department.--
5 (1) Every person committed to the custody of the
6 department under subsection (a) shall be confined, diagnosed
7 and classified by the department.
8 (2) Upon the completion of the diagnosis and
9 classification, the person shall be placed in the county
10 correctional institution of the city determined to be most
11 appropriate for the service of sentence.
12 (3) In making the determination under paragraph (2), the
13 department shall consider the problem of rehabilitation,
14 security, adequacy of facilities and such other factors as,
15 in its opinion, will serve to promote the rehabilitation of
16 inmates, consistent with the security and protection of the
17 county.
18 (c) Intradepartmental transfers.--The department may
19 transfer between any correctional institutions under its control
20 or supervision an inmate confined and serving in any of those
21 institutions, whether the sentence is imposed before or after
22 the effective date of this section, if the transfer is, in the
23 opinion of the department, consistent with the standards for
24 original placement set forth in subsection (b).
25 § 1154 1153. Expense of removing certain inmates. <--
26 The expenses of conveying inmates from the several counties
27 of this Commonwealth to the State correctional institutions in
28 the Eastern Region and Western Region shall be paid by the
29 counties from which the inmates may be sent.
30 § 1155 1154. Law enforcement use of county correctional <--
20050S0506B1487 - 44 -
1 institutions.
2 (a) General rule.--Sheriffs, constables, members of the
3 Pennsylvania State Police and other persons authorized by the
4 laws of this Commonwealth to make arrests shall have the use,
5 for a period not to exceed 48 hours, of borough and township
6 lockups and county correctional institutions for the detention
7 of persons arrested until they can be disposed of according to
8 law, if found necessary by the officer in charge.
9 (b) Reimbursement.--
10 (1) Boroughs, cities and townships are entitled to
11 receive compensation of not more than $2 per day of 24 hours,
12 for each prisoner detained under subsection (a), from the
13 treasury of the county having jurisdiction over the person
14 detained.
15 (2) This subsection does not apply to counties of the
16 second class.
17 SUBCHAPTER C
18 ESCAPED INMATES
19 Sec.
20 1161. Return of escaped inmates.
21 1162. Escaped inmate costs.
22 1163. Maintenance of escaping inmates under new sentence.
23 1164. Criminal offense during confinement.
24 § 1161. Return of escaped inmates.
25 (a) General rule.--In all cases where an inmate after an
26 escape from a State correctional institution is apprehended or
27 arrested by any officer having authority to make such arrest,
28 the officer shall notify the State correctional institution from
29 which the escape was made. The State correctional institution
30 shall notify the Office of General Counsel DEPARTMENT or the <--
20050S0506B1487 - 45 -
1 Pennsylvania State Police, who shall immediately send an officer
2 or officers to return the inmate to the State correctional
3 institution.
4 (b) Expenses.--All necessary expenses incurred by the
5 officer or officers in returning an escaped inmate to the State
6 correctional institution shall be borne by the State
7 correctional institution from which the escape was made, which
8 expenses shall be refunded to the Office of General Counsel <--
9 COUNTY CORRECTIONAL INSTITUTION or the Pennsylvania State <--
10 Police, as the case may be, whose officer or agent makes the <--
11 return.
12 § 1162. Escaped inmate costs.
13 (a) County jurisdiction.--
14 (1) The cost of transporting an escaped inmate under the
15 jurisdiction of the county from the place of capture to any
16 county correctional institution after being sentenced for the
17 escape or for the commission of any crime or offense
18 following such escape and before apprehension, the cost of
19 maintenance while confined in the county correctional
20 institution awaiting trial, as well as the costs of the trial
21 for the violation by an inmate under the jurisdiction of the
22 county under 18 Pa.C.S. § 5121 (relating to escape), or of
23 the trial for crimes and offenses committed after the escape
24 and before apprehension, or of the trial for crimes and
25 offenses committed on the grounds or within the buildings of
26 any county correctional institution, as well as the costs
27 incurred in any proceedings on writs of habeas corpus, coram
28 nobis or other petitions arising out of any escape or crime
29 or the trials therefor or in any appeals of any such
30 proceedings or trials shall in each instance be borne and
20050S0506B1487 - 46 -
1 paid by the respective counties of the Commonwealth from
2 whose courts the inmates were originally committed to any
3 county correctional institution.
4 (2) The county liable for costs under this subsection
5 shall, upon bills rendered by the county paying the costs in
6 the first instance, pay to that county the amount of the
7 costs.
8 (b) State jurisdiction.--The cost of transporting escaped
9 inmates under the jurisdiction of the Commonwealth from the
10 place of capture to any State correctional institution after
11 being sentenced for the escape, or for the commission of any
12 criminal offense following the escape and before apprehension,
13 as well as the costs of the trial for escape or breaking away of
14 inmates from any State correctional institution or the violation
15 by the inmates under the jurisdiction of the Commonwealth under
16 18 Pa.C.S. § 5121, or of the trial for crimes and offenses
17 committed after such escape and before apprehension, or of the
18 trial for crimes and offenses committed on the grounds or within
19 the buildings of any State correctional institution, as well as
20 the costs incurred in any proceedings on writs of habeas corpus,
21 coram nobis or other petitions arising out of any escape or
22 criminal offense or the trials therefor, or in any appeals of
23 any such proceedings or trials, shall in each instance be borne
24 and paid by the Commonwealth.
25 (c) Definition.--As used in this section, the term "costs"
26 includes, but is not limited to, charges for court stenographer,
27 district attorney, witness fees, district justice MAGISTERIAL <--
28 DISTRICT JUDGE, clerk of court, public defender and court-
29 appointed attorney.
30 § 1163. Maintenance of escaping inmates under new sentence.
20050S0506B1487 - 47 -
1 (a) County jurisdiction.--In case of conviction and sentence
2 of an escaping inmate under the jurisdiction of the county, the
3 costs of maintenance of the inmates under such new sentence
4 shall be borne by the county from which the inmate was
5 originally committed.
6 (b) State jurisdiction.--In case of conviction and sentence
7 of an escaping inmate under the jurisdiction of the
8 Commonwealth, the costs of maintenance of the inmate under such
9 new sentence shall be borne by the Commonwealth.
10 (c) Additional police expenses.--Any additional police
11 expenses incurred by a political subdivision as a result of the
12 escape of an inmate under the jurisdiction of the Commonwealth
13 shall be borne by the Commonwealth.
14 § 1164. Criminal offense during confinement.
15 Where an inmate is in a State correctional institution either
16 because of the inmate's sentence pursuant to the inmate's
17 conviction or plea of guilty to a criminal charge or because of
18 a commitment issued by any court of the Commonwealth having
19 jurisdiction and, while so confined, the inmate commits a
20 criminal offense and is subsequently convicted or enters a plea
21 of guilty, the expenses of keeping the inmate in any State
22 correctional institution pursuant to such subsequent conviction
23 or plea of guilty shall be borne by the Commonwealth.
24 CHAPTER 13
25 (RESERVED)
26 CHAPTER 15
27 (RESERVED)
28 CHAPTER 17
29 COUNTY CORRECTIONAL INSTITUTIONS
30 Subchapter
20050S0506B1487 - 48 -
1 A. County Jail Oversight Board in Counties of <--
2 the Second Class
3 B. Counties of the Third through Eighth Classes
4 C. Alternative Plan for Certain Counties
5 D. Penal Operations and Procedures
6 E. Joint Detention Centers
7 F. Joint Industrial Farms and Workhouses
8 G. House of Correction
9 SUBCHAPTER A
10 COUNTY JAIL OVERSIGHT BOARD IN COUNTIES OF THE SECOND CLASS
11 Sec.
12 1701. Scope.
13 1702. Definitions.
14 1703. County jail oversight board.
15 1704. Powers and duties.
16 1705. Rules and regulations.
17 1706. Warden.
18 1707. Board meetings.
19 1708. Contracts and purchases.
20 § 1701. Scope.
21 A. COUNTIES AND CITIES OF THE FIRST CLASS <--
22 B. COUNTY JAIL OVERSIGHT BOARD IN COUNTIES OF THE SECOND
23 CLASS AND SECOND CLASS A
24 C. OTHER COUNTIES
25 D. ALTERNATIVE PLAN FOR CERTAIN COUNTIES
26 E. PENAL OPERATIONS AND PROCEDURES
27 F. JOINT DETENTION CENTERS
28 G. JOINT INDUSTRIAL FARMS AND WORKHOUSES
29 SUBCHAPTER A
30 COUNTIES AND CITIES OF THE FIRST CLASS
20050S0506B1487 - 49 -
1 SEC.
2 1701. APPROPRIATIONS FOR IMPROVEMENTS, RAILROAD CONNECTION
3 AND COMMITMENTS.
4 1702. ARREST OF DISORDERLY MINORS.
5 1703. COMMITMENT OF DISORDERLY MINORS AND APPEAL.
6 1704. EMPLOYMENT OF INMATES.
7 1705. PUNISHMENT FOR DESTROYING PROPERTY.
8 1706. SUPPLIES AND REPORTS.
9 1707. DEFICIENCY IN MAINTENANCE.
10 1708. HABEAS CORPUS.
11 1709. EXTENSION OF POWERS.
12 1710. ANNUAL STATEMENT.
13 1710.1. NAME OF JAIL AND APPOINTMENT OF INSPECTORS.
14 1710.2. DUTIES OF PHYSICIAN.
15 1710.3. VISITORS TO HAVE PERMISSION IN WRITING.
16 1710.4. TREATMENT OF INMATES ON DISCHARGE.
17 1710.5. COUNTY OF THE FIRST CLASS TO SUPPLY DEFICIENCY IN
18 FURNISHING AND MAINTAINING PRISON.
19 1710.6. INMATES SENTENCED FOR LESS THAN TWO YEARS TO COUNTY
20 PRISON.
21 1710.7. CORONER OF FIRST CLASS COUNTY NOT TO HOLD INQUESTS ON
22 CONVICTS, EXCEPT IN CERTAIN CASES.
23 1710.8. INSPECTORS TO DISCHARGE INMATES.
24 1710.9. TREATMENT OF INMATES CONVICTED OF CAPITAL OFFENSES.
25 1710.10. CITIES OF THE FIRST CLASS.
26 § 1701. APPROPRIATIONS FOR IMPROVEMENTS, RAILROAD CONNECTION
27 AND COMMITMENTS.
28 WHENEVER THE BOARD OF TRUSTEES OF THE PHILADELPHIA PRISON
29 SYSTEM SHALL DESIRE TO MAKE ANY ADDITIONAL PERMANENT IMPROVEMENT
30 OR PURCHASE ADDITIONAL GROUND AND SHALL RECOMMEND THAT THE SAME
20050S0506B1487 - 50 -
1 BE DONE, THEN THE CITY COUNCIL OF THE CITY OF PHILADELPHIA SHALL
2 MAKE ALL NECESSARY APPROPRIATIONS ASKED FOR BY THE BOARD FOR THE
3 PURPOSES SO RECOMMENDED. THE BOARD OF THE PHILADELPHIA PRISON
4 SYSTEM SHALL SUPERINTEND AND DIRECT THE ERECTION, COMPLETION AND
5 FURNISHING OF THE BUILDINGS DURING THE PROGRESS OF THE WORK. THE
6 BOARD MAY EXTEND FROM THEIR PROPERTY A SINGLE TRACK RAILROAD
7 ALONG AND OVER SUCH LANDS AS MAY INTERVENE BETWEEN THEIR GROUND
8 AND THE PHILADELPHIA AND TRENTON RAILROAD COMPANY, AND CONNECT
9 THEREWITH, PROVIDED THE RAILROAD COMPANY ASSENTS THERETO (THE
10 DISTANCE OF THE ROAD NOT TO EXCEED 2,000 YARDS), AND TO PURCHASE
11 RIGHT-OF-WAY OVER THE LAND TO PHILADELPHIA AND TRENTON RAILROAD,
12 AND TO ERECT WHARVES UPON THEIR PROPERTY.
13 § 1702. ARREST OF DISORDERLY MINORS.
14 UPON COMPLAINT MADE ON OATH TO ANY MAGISTERIAL DISTRICT JUDGE
15 AGAINST ANY CHILD WITHIN A CITY OF THE FIRST CLASS NOT UNDER THE
16 AGE OF 16 BY THE CHILD'S PARENT OR GUARDIAN OR OTHER PERSON
17 STANDING TO THE CHILD IN PLACE OF A PARENT AS BEING DISORDERLY,
18 THE MAGISTERIAL DISTRICT JUDGE SHALL ISSUE A WARRANT FOR THE
19 APPREHENSION OF THE OFFENDER AND CAUSE THE OFFENDER TO BE
20 BROUGHT BEFORE HIMSELF OR ANY OTHER MAGISTERIAL DISTRICT JUDGE
21 FOR EXAMINATION.
22 § 1703. COMMITMENT OF DISORDERLY MINORS AND APPEAL.
23 IF A MAGISTERIAL DISTRICT JUDGE IS SATISFIED BY COMPETENT
24 TESTIMONY THAT A PERSON IS A DISORDERLY CHILD WITHIN THE MEANING
25 OF THIS SUBCHAPTER, HE SHALL MAKE UP AND SIGN A RECORD OF
26 CONVICTION AND SHALL BY WARRANT COMMIT THE PERSON TO THE
27 PHILADELPHIA PRISON SYSTEM. THE POWERS AND DUTIES OF THE BOARD
28 OF TRUSTEES OF THE PHILADELPHIA PRISON SYSTEM IN RELATION TO THE
29 CHILDREN SHALL BE THE SAME IN ALL THINGS AS ARE PRESCRIBED AS TO
30 OTHER MINORS RECEIVED BY THEM. THE MAGISTERIAL DISTRICT JUDGE,
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1 IN ADDITION TO THE RECORD OF CONVICTION, SHALL ANNEX THE NAMES
2 AND ADDRESSES OF THE DIFFERENT WITNESSES EXAMINED BEFORE HIM AND
3 THE SUBSTANCE OF THE TESTIMONY GIVEN BY THEM, RESPECTIVELY, ON
4 WHICH THE CONVICTION WAS FOUNDED, PROVIDED THAT ANY PERSON
5 COMMITTED SHALL HAVE THE SAME RIGHT OF APPEAL AS IS SECURED BY
6 LAW TO PERSONS CONVICTED OF CRIMINAL OFFENSES, BUT ON SUCH
7 APPEAL, MERE INFORMALITY IN THE ISSUING OF ANY WARRANT SHALL NOT
8 BE HELD TO BE SUFFICIENT CAUSE FOR GRANTING A DISCHARGE.
9 § 1704. EMPLOYMENT OF INMATES.
10 EVERY INMATE IN THE CUSTODY OF THE PHILADELPHIA PRISON SYSTEM
11 NOT DISQUALIFIED BY SICKNESS OR CASUALTY SHALL BE EMPLOYED BY
12 THE SUPERINTENDENT IN QUARRYING STONE, CULTIVATING THE GROUND,
13 MANUFACTURING SUCH ARTICLES AS MAY BE NEEDED FOR THE PRISON,
14 ALMSHOUSE, OTHER PUBLIC INSTITUTION OF THE STATE OR CITY OF THE
15 FIRST CLASS OR FOR OTHER PERSONS AND AT SUCH OTHER LABOR AS
16 SHALL, UPON TRIAL, BE FOUND TO BE PROFITABLE TO THE INSTITUTION
17 AND SUITABLE TO ITS PROPER DISCIPLINE AND HEALTH AND CAPACITIES
18 OF THE INMATES. THE SUPERINTENDENT MAY DETAIL SUCH NUMBERS OF
19 THE INMATES AS HE MAY REGARD PROPER TO DO THE WORK OUTSIDE THE
20 GROUNDS OF THE INSTITUTION FOR ANY OF THE DEPARTMENTS OR
21 INSTITUTIONS OF THE CITY OF THE FIRST CLASS OR FOR SUCH OTHER
22 PERSONS AS MAY BE APPROVED BY THE BOARD OF MANAGERS.
23 § 1705. PUNISHMENT FOR DESTROYING PROPERTY.
24 ANY INMATE OF THE PHILADELPHIA PRISON SYSTEM WHO SHALL
25 WILLFULLY BREAK, DESTROY OR INJURE ANY MATERIAL, MACHINERY,
26 TOOL, PROPERTY OR THING BELONGING TO THE PHILADELPHIA PRISON
27 SYSTEM OR SHALL ESCAPE THEREFROM SHALL BE CHARGED WITH THE
28 OFFENSE OF ESCAPE SET FORTH IN 18 PA.C.S. § 5121 (RELATING TO
29 ESCAPE).
30 § 1706. SUPPLIES AND REPORTS.
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1 THE PRISON COMMISSIONER SHALL MAKE A MONTHLY REQUISITION ON
2 THE BOARD OF TRUSTEES OF THE PHILADELPHIA PRISON SYSTEM FOR ALL
3 ARTICLES WHICH THE SUPERINTENDENT SHALL DEEM NECESSARY FOR THE
4 INSTITUTION, AND SUCH AS SHALL BE APPROVED BY THEM SHALL BE
5 PURCHASED. THE PRISON COMMISSIONER SHALL, ONCE IN EVERY MONTH,
6 REPORT TO THE BOARD OF TRUSTEES THE NUMBER OF INMATES COMMITTED,
7 DISCHARGED, SICK, DEAD OR REMAINING IN THE INSTITUTION AND THE
8 QUALITY AND KIND OF LABOR PERFORMED. THE BOARD OF TRUSTEES SHALL
9 TRANSMIT ANNUALLY TO THE CITY COUNCIL A CONDENSED STATEMENT OF
10 THE FINANCES OF THE INSTITUTION.
11 § 1707. DEFICIENCY IN MAINTENANCE.
12 FOR ANY DEFICIENCY IN FURNISHING, KEEPING AND MAINTAINING THE
13 PHILADELPHIA PRISON SYSTEM, IN CONFORMITY WITH THE PROVISIONS OF
14 THIS SUBCHAPTER, THE TRUSTEES MAY APPLY TO THE CITY COUNCIL FOR
15 SUCH SUM OR SUMS AS SHALL BE NECESSARY; AND THE CITY COUNCIL
16 SHALL APPROPRIATE THE SUM OR SUMS DEEMED NECESSARY.
17 § 1708. HABEAS CORPUS.
18 ANY PERSON COMMITTED TO THE PHILADELPHIA PRISON SYSTEM BY ANY
19 OTHER AUTHORITY THAN THE COURT OF COMMON PLEAS OF THE COUNTY OF
20 THE FIRST CLASS MAY APPLY FOR A WRIT OF HABEAS CORPUS TO ANY
21 JUDGE OF THE COURT. UPON RETURN OF THE WRIT, IF THE JUDGE DEEMS
22 THERE IS SUFFICIENT OR REASONABLE GROUND FOR GRANTING THE WRIT,
23 THE JUDGE SHALL ENTER UPON A REHEARING OF THE EVIDENCE AND
24 EITHER DISCHARGE THE INDIVIDUAL OR MODIFY OR CONFIRM THE
25 COMMITMENT.
26 § 1709. EXTENSION OF POWERS.
27 THE SAME POWER AND AUTHORITY THAT ARE GIVEN BY ORDINANCE OF
28 COUNCILS OR ACTS OF THE GENERAL ASSEMBLY TO THE GUARDIANS OF THE
29 POOR, PRISON INSPECTORS AND MANAGERS OF THE HOUSE OF REFUGE OF
30 THE CITY OF PHILADELPHIA ARE HEREBY EXTENDED TO THE BOARD OF
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1 TRUSTEES OF THE PHILADELPHIA PRISON SYSTEM.
2 § 1710. ANNUAL STATEMENT.
3 THE BOARD OF TRUSTEES SHALL, ON OR BEFORE THE FIRST DAY OF
4 NOVEMBER OF EACH YEAR, SUBMIT TO COUNCIL A STATEMENT OF THE SUMS
5 NECESSARY FOR THE MAINTENANCE OF THE PHILADELPHIA PRISON SYSTEM
6 FOR THE ENSUING TERM.
7 § 1710.1. NAME OF JAIL AND APPOINTMENT OF INSPECTORS.
8 (A) GENERAL RULE.--THE PRISON ERECTED UNDER THE PROVISIONS
9 OF THE ACT OF MARCH 30, 1831 (P.L.228, NO.123), ENTITLED "AN ACT
10 TO PROVIDE FOR THE ERECTION OF A NEW PRISON AND A DEBTOR'S
11 APARTMENT WITHIN THE CITY AND COUNTY OF PHILADELPHIA, AND FOR
12 THE SALE OF THE COUNTY PRISON IN WALNUT-STREET, IN SAID CITY,"
13 SHALL BE KNOWN AS THE PHILADELPHIA COUNTY PRISON AND SHALL BE
14 MANAGED BY A BOARD OF INSPECTORS CONSISTING OF 12 CITIZENS
15 RESIDING IN THE CITY OF PHILADELPHIA OR COUNTY OF PHILADELPHIA
16 WHO SHALL SERVE WITHOUT ANY PECUNIARY COMPENSATION AS FOLLOWS:
17 (1) FOUR MEMBERS SHALL BE APPOINTED BY THE MAYOR,
18 RECORDER AND ALDERMEN OF THE CITY OF PHILADELPHIA.
19 (2) FOUR MEMBERS SHALL BE APPOINTED BY THE JUDGES OF THE
20 COURT OF COMMON PLEAS.
21 (3) FOUR MEMBERS SHALL BE APPOINTED BY THE JUDGES OF THE
22 DISTRICT COURT OF THE CITY OF PHILADELPHIA AND COUNTY OF
23 PHILADELPHIA.
24 (B) TERMS.--THE MEMBERS SHALL SERVE FOR FOUR YEARS OR UNTIL
25 THEIR SUCCESSORS SHALL BE APPOINTED. IN CASE OF VACANCY BY
26 DEATH, RESIGNATION OR OTHERWISE, THE MEMBER SHALL BE SUPPLIED BY
27 THE COURT WHO APPOINTED THE INDIVIDUAL WHO HAS CAUSED THE
28 VACANCY UPON NOTICE OF SUCH VACANCY FROM THE PRESIDENT OF THE
29 BOARD OF INSPECTORS. THE FIRST APPOINTMENT OF INSPECTORS UNDER
30 THE FORMER ACT OF APRIL 14, 1835 (P.L.232, NO.140), ENTITLED "A
20050S0506B1487 - 54 -
1 SUPPLEMENT TO THE ACT ENTITLED AN ACT TO PROVIDE FOR THE
2 ERECTION OF A NEW PRISON AND A DEBTORS' APARTMENT WITHIN THE
3 CITY AND COUNTY OF PHILADELPHIA, AND FOR THE SALE OF THE COUNTY
4 PRISON IN WALNUT STREET IN SAID CITY," SHALL BE MADE ON THE
5 FIRST MONDAY IN MAY NEXT FOLLOWING AND ANNUALLY THEREAFTER.
6 § 1710.2. DUTIES OF PHYSICIAN.
7 (A) GENERAL RULE.--THE PHYSICIAN SHALL:
8 (1) VISIT THE PHILADELPHIA COUNTY PRISON DAILY, VISIT
9 AND PRESCRIBE FOR ALL WHO ARE SICK AND AT LEAST ONCE A MONTH
10 VISIT EVERY INMATE CONFINED IN THE COUNTY CORRECTIONAL
11 INSTITUTION AND REPORT MONTHLY IN WRITING TO THE INSPECTORS
12 AS TO THE HEALTH OF THE INMATES IN THE COUNTY CORRECTIONAL
13 INSTITUTION.
14 (2) ATTEND IMMEDIATELY, ON NOTICE FROM THE
15 SUPERINTENDENT, ANY PERSON THAT IS SICK.
16 (3) EXAMINE EVERY PERSON BROUGHT INTO THE COUNTY
17 CORRECTIONAL INSTITUTION AS AN INMATE AS TO THE STATE OF THE
18 INMATE'S HEALTH.
19 (4) KEEP A JOURNAL IN WHICH A RECORD IS MAINTAINED OF
20 THE NAMES OF ALL INMATES AS THEY COME IN AND THE STATE OF
21 THEIR HEALTH AND ALSO OF ALL PERSONS CONFINED WHO MAY COME
22 UNDER THE PHYSICIAN'S CARE FOR MEDICAL TREATMENT, TOGETHER
23 WITH SUCH REMARKS AS THE PHYSICIAN MAY DEEM IMPORTANT, WHICH
24 JOURNAL SHALL BE OPEN TO THE INSPECTORS AND SUPERINTENDENT
25 WHENEVER THEY MAY REQUIRE IT.
26 (B) DIETARY CONSIDERATIONS AND INFIRMARY CELLS.--
27 (1) INMATES WHO ARE UNDER THE CARE OF THE PHYSICIAN
28 SHALL BE ALLOWED SUCH DIET AS THE PHYSICIAN SHALL DIRECT.
29 (2) THE INSPECTORS SHALL APPROPRIATE AS MANY CELLS,
30 TOGETHER WITH THE INFIRMARY, AS THEY MAY DEEM NECESSARY FOR
20050S0506B1487 - 55 -
1 THE SPECIAL OCCUPATION OF THE SICK, AND HAVE THE CELLS SO
2 FITTED UP AS WILL BEST PROMOTE THE HEALTH, CONVENIENCE AND
3 COMFORT OF THE INMATES.
4 (3) WHENEVER, IN THE OPINION OF THE PHYSICIAN, AN INMATE
5 IS SO ILL AS TO REQUIRE REMOVAL FROM THE ORDINARY CELLS TO
6 THOSE APPROPRIATED FOR THE SICK, THE SUPERINTENDENT SHALL
7 DIRECT SUCH REMOVAL, AND THE INMATE SHALL BE KEPT THERE UNTIL
8 THE PHYSICIAN SHALL CERTIFY THAT THE INMATE MAY BE RETURNED
9 TO THE INMATE'S FORMER CELL WITHOUT INJURY TO THE INMATE'S
10 HEALTH.
11 (4) SHOULD THE PHYSICIAN HAVE REASON TO BELIEVE THAT AN
12 INMATE IS MATERIALLY AFFECTED BY THE DISCIPLINE, TREATMENT OR
13 DIET, THE PHYSICIAN SHALL, IF HE THINKS PROPER, ORDER AN
14 ALTERATION THEREIN, WHICH ORDER SHALL BE ENTERED ON THE
15 PHYSICIAN'S JOURNAL, AND A COPY THEREOF FURNISHED TO THE
16 SUPERINTENDENT WHO SHALL CARRY THE ORDER INTO EFFECT UNTIL
17 THE NEXT VISIT OF THE VISITING INSPECTORS, WHO SHALL INQUIRE
18 INTO THE CASE AND CONFIRM OR ANNUL THE ORDER OR REFER THE
19 SAME TO THE BOARD OF INSPECTORS.
20 § 1710.3. VISITORS TO HAVE PERMISSION IN WRITING.
21 (A) GENERAL RULE.--NO PERSON SHALL BE PERMITTED TO VISIT THE
22 PHILADELPHIA COUNTY PRISON EXCEPT:
23 (1) AN OFFICIAL VISITOR SPECIFIED IN SUBSECTION (B).
24 (2) A PERSON WHO HAS PERMISSION IN WRITING FROM ONE OF
25 THE INSPECTORS.
26 (3) AN ATTORNEY WHO MAY BE PERMITTED TO VISIT THE
27 ATTORNEY'S CLIENT CONFINED FOR TRIAL, AS PROVIDED FOR BY LAW.
28 (B) DESIGNATION OF OFFICIAL VISITORS.--THE OFFICIAL VISITORS
29 ARE:
30 (1) THE GOVERNOR.
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1 (2) THE MEMBERS OF THE GENERAL ASSEMBLY.
2 (3) THE SECRETARY OF THE COMMONWEALTH.
3 (4) THE ATTORNEY GENERAL.
4 (5) THE DEPUTIES FOR THE CITY OF THE FIRST CLASS AND
5 COUNTY OF THE FIRST CLASS.
6 (6) THE PRESIDENT AND ASSOCIATE JUDGES OF THE DISTRICT
7 COURT OF THE CITY OF PHILADELPHIA AND THE COUNTY OF
8 PHILADELPHIA AND THE COURT OF COMMON PLEAS.
9 (7) THE GRAND JURIES OF THE COUNTY OF THE FIRST CLASS.
10 (8) COMMISSIONERS OF THE COUNTY OF THE FIRST CLASS.
11 (9) THE ACTING COMMITTEE OF THE PHILADELPHIA SOCIETY FOR
12 ALLEVIATING THE MISERIES OF PUBLIC PRISONS.
13 (10) THE MAYOR AND RECORDER OF THE CITY OF PHILADELPHIA.
14 (C) COMMUNICATION PROHIBITED.--
15 (1) EXCEPT FOR THE OFFICIAL VISITORS IDENTIFIED IN
16 SUBSECTION (B), NO PERSON SHALL HAVE ANY COMMUNICATION WITH
17 THE INMATES EXCEPT BY AUTHORITY OF THE BOARD OF PRISON
18 INSPECTORS, WHO MAY ISSUE PERMITS TO VISIT AN INMATE AFTER
19 SENTENCE IN THEIR DISCRETION.
20 (2) NO VISITOR MAY BE PERMITTED TO DELIVER OR TO RECEIVE
21 FROM ANY INMATE ANY LETTER OR MESSAGE WHATEVER OR TO SUPPLY
22 AN INMATE WITH ANY ARTICLE, EXCEPT SUCH LETTERS OR MESSAGES
23 TO AND FROM INMATES CONFINED FOR TRIAL AS MAY BE FIRST
24 SUBMITTED OR COMMUNICATED TO THE SUPERINTENDENT OR ONE OF THE
25 INSPECTORS AND APPROVED BY THEM, OR EITHER OF THEM, UNDER THE
26 PENALTY OF A $100 FINE, TO BE RECOVERED AS PROVIDED FOR OTHER
27 FINES IMPOSED BY THE ACT OF MARCH 30, 1831 (P.L.228, NO.123),
28 ENTITLED "AN ACT TO PROVIDE FOR THE ERECTION OF A NEW PRISON
29 AND A DEBTOR'S APARTMENT WITHIN THE CITY AND COUNTY OF
30 PHILADELPHIA, AND FOR THE SALE OF THE COUNTY PRISON IN
20050S0506B1487 - 57 -
1 WALNUT-STREET, IN SAID CITY."
2 § 1710.4. TREATMENT OF INMATES ON DISCHARGE.
3 (A) CLOTHING.--WHEN AN INMATE SHALL BE DISCHARGED BY THE
4 EXPIRATION OF THE TERM FOR WHICH THE INMATE WAS SENTENCED OR BY
5 PARDON, THE CLOTHES BELONGING TO THE PHILADELPHIA COUNTY PRISON
6 SHALL BE TAKEN OFF AND THE CLOTHING BELONGING TO THE INMATE
7 RESTORED, TOGETHER WITH SUCH PROPERTY, IF ANY, THAT WAS TAKEN
8 FROM THE INMATE AT THE TIME OF RECEPTION INTO THE COUNTY
9 CORRECTIONAL INSTITUTION, WHICH HAS NOT BEEN OTHERWISE LEGALLY
10 DISPOSED OF.
11 (B) FURNISHING OF SUITABLE CLOTHING.--IF AN INMATE SHALL NOT
12 POSSESS SUITABLE CLOTHING, THE INSPECTORS SHALL PROVIDE THE
13 INMATE WITH WHAT MAY IN THEIR JUDGMENT BE NECESSARY. THE
14 INSPECTORS AND SUPERINTENDENT MAY FURNISH THE DISCHARGED INMATE
15 WITH A SUM OF MONEY OR CLOTHING NOT EXCEEDING $5.
16 § 1710.5. COUNTY OF THE FIRST CLASS TO SUPPLY DEFICIENCY IN
17 FURNISHING AND MAINTAINING PRISON.
18 FOR ANY DEFICIENCY IN KEEPING, FURNISHING AND MAINTAINING THE
19 PHILADELPHIA COUNTY PRISON, IN CONFORMITY WITH THE PROVISIONS OF
20 THIS CHAPTER, THE INSPECTORS ARE AUTHORIZED TO APPLY TO THE
21 COMMISSIONERS OF THE COUNTY OF THE FIRST CLASS FOR SUCH SUM OR
22 SUMS AS MAY BE NECESSARY OR REQUIRED. IF IT SHALL APPEAR
23 REASONABLE, AND THAT THE ACCOUNTS OF THE INSPECTORS ARE PROPERLY
24 KEPT AND ADJUSTED, THE COMMISSIONERS OF THE COUNTY OF THE FIRST
25 CLASS SHALL DRAW AN ORDER ON THE TREASURER OF THE COUNTY OF THE
26 FIRST CLASS FOR SUCH SUM OR SUMS AS MAY BE NECESSARY TO SATISFY
27 SUCH DEMANDS.
28 § 1710.6. INMATES SENTENCED FOR LESS THAN TWO YEARS TO COUNTY
29 PRISON.
30 A PERSON WHO SHALL BE CONVICTED IN ANY COURT OF COMMON PLEAS
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1 IN THE CITY OF THE FIRST CLASS OR COUNTY OF THE FIRST CLASS OF
2 ANY CRIME OR OFFENSE, THE PUNISHMENT OF WHICH WOULD BE
3 IMPRISONMENT FOR A PERIOD OF TIME UNDER TWO YEARS, SHALL BE
4 SENTENCED BY THE COURT TO IMPRISONMENT IN THE PHILADELPHIA
5 COUNTY PRISON, BY SEPARATE OR SOLITARY CONFINEMENT AT HARD LABOR
6 FOR AND DURING THE TERM OF THE PERSON'S SENTENCE AND SHALL BE
7 FED, CLOTHED AND TREATED AS PROVIDED FOR IN THIS CHAPTER.
8 § 1710.7. CORONER OF FIRST CLASS COUNTY NOT TO HOLD INQUESTS ON
9 CONVICTS, EXCEPT IN CERTAIN CASES.
10 (A) GENERAL RULE.--THE CORONER OF A COUNTY OF THE FIRST
11 CLASS MAY NOT HOLD AN INQUEST ON THE BODY OF ANY INMATE WHO DIES
12 DURING CONFINEMENT IN THE COUNTY PRISON UNLESS REQUIRED BY THE
13 INSPECTORS THEREOF, EXCEPT IN CASES OF MURDER, SUICIDE,
14 MANSLAUGHTER OR DEATH CAUSED BY CASUALTIES.
15 (B) PHYSICIAN TO GIVE CERTIFICATE OF DEATH OF INMATE.--THE
16 ATTENDING PHYSICIAN OF THE COUNTY PRISON IN A COUNTY OF THE
17 FIRST CLASS SHALL CERTIFY TO THE INSPECTORS THEREOF THE NAME AND
18 AGE OF ANY INMATE WHO DIES IN THE COUNTY PRISON, TOGETHER WITH
19 THE DISEASE OR CAUSE OF DEATH OF THE INMATE, SO FAR AS THE
20 ATTENDING PHYSICIAN CAN ASCERTAIN THE SAME. THE INSPECTORS SHALL
21 COPY THE CERTIFICATE INTO A BOOK TO BE KEPT BY THEM FOR THAT
22 PURPOSE. AFTER COPYING THE CERTIFICATE, THE INSPECTOR SHALL SEND
23 THE CERTIFICATE TO THE BOARD OF HEALTH OF THE COUNTY, WHO SHALL
24 FILE THE CERTIFICATE. THE INSPECTORS SHALL INTER THE BODY OF THE
25 INMATE.
26 § 1710.8. INSPECTORS TO DISCHARGE INMATES.
27 THE BOARD OF PRISON INSPECTORS OF A COUNTY OF THE FIRST CLASS
28 MAY DISCHARGE FROM THE COUNTY PRISON ANY INMATE WHO MAY HAVE
29 SERVED THE INMATE'S TERM OF IMPRISONMENT, IN THE SAME MANNER AND
30 UPON THE SAME CONDITIONS AS PROVIDED UNDER THIS TITLE FOR OTHER
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1 COUNTY CORRECTIONAL INSTITUTIONS.
2 § 1710.9. TREATMENT OF INMATES CONVICTED OF CAPITAL OFFENSES.
3 THE BOARD OF PRISON INSPECTORS OF A COUNTY OF THE FIRST CLASS
4 SHALL TREAT PRISONERS SENTENCED TO EXECUTION AND WHO ARE NOT
5 EXECUTED AFTER AN IMPRISONMENT OF SIX MONTHS, AS OTHER INMATES
6 WHO ARE SENTENCED TO CONFINEMENT AND LABOR.
7 § 1710.10. CITIES OF THE FIRST CLASS.
8 A CITY OF THE FIRST CLASS MAY ESTABLISH A PRISON SYSTEM FOR
9 THE RECEPTION AND DETENTION OF ALL PERSONS CHARGED WITH A
10 CRIMINAL OFFENSE OR HELD AS WITNESSES IN ANY JUDICIAL
11 PROCEEDING.
12 SUBCHAPTER B
13 COUNTY JAIL OVERSIGHT BOARD IN
14 COUNTIES OF THE SECOND CLASS
15 AND SECOND CLASS A
16 SEC.
17 1721. SCOPE OF SUBCHAPTER.
18 1722. DEFINITIONS.
19 1723. COUNTY JAIL OVERSIGHT BOARD.
20 1724. POWERS AND DUTIES.
21 1725. RULES AND REGULATIONS.
22 1726. WARDEN.
23 1727. BOARD MEETINGS.
24 1728. CONTRACTS AND PURCHASES.
25 § 1721. SCOPE OF SUBCHAPTER.
26 This subchapter relates to county jail oversight boards in
27 counties of the second class AND COUNTIES OF THE SECOND CLASS A. <--
28 § 1702 1722. Definitions. <--
29 The following words and phrases when used in this subchapter
30 shall have the meanings given to them in this section unless the
20050S0506B1487 - 60 -
1 context clearly indicates otherwise:
2 "Board." The county jail oversight board of a county.
3 "County." A county of the second class OR A COUNTY OF THE <--
4 SECOND CLASS A.
5 § 1703 1723. County jail oversight board. <--
6 (a) Establishment.--There is hereby established in each
7 county a county jail oversight board which shall be named the
8 (NAME OF COUNTY) County Jail Oversight Board. The board shall be <--
9 a continuation of the county prison board originally established
10 under the former act of December 10, 1980 (P.L.1152, No.208),
11 known as the Second Class County Prison Board Act, and the <--
12 former Article XXX-A of the act of July 28, 1953 (P.L.723,
13 No.230), known as the Second Class County Code.
14 (b) Composition.--The board shall be composed of:
15 (1) The county chief executive.
16 (2) Two judges of the court of common pleas, one of whom
17 shall be the president judge or his designee who shall be a
18 judge, and one judge appointed by the president judge.
19 (3) The county sheriff.
20 (4) The county controller.
21 (5) The president of county council or his designee.
22 (6) Three citizen members as provided in subsection (c).
23 (c) Qualifications of citizen members.--The citizen members
24 shall not be employees of the county or of the Commonwealth.
25 They shall serve for a term of three years and shall be
26 representative of the broad segments of the county's population
27 and shall include persons whose background and experience
28 indicate that they are qualified to act in the interest of the
29 public. The citizen members shall be appointed by the county
30 chief executive with the consent of county council.
20050S0506B1487 - 61 -
1 § 1704 1724. Powers and duties. <--
2 (a) General rule.--The board's administrative powers and
3 duties shall include the operation and maintenance of the prison
4 and all alternative housing facilities, the oversight of the
5 health and safekeeping of inmates and the confirmation of the
6 chief executive's selection of a warden.
7 (b) Living conditions.--The board shall insure that the
8 living conditions within the prison and alternative housing
9 facilities are healthful and otherwise adequate.
10 (c) Unannounced inspections.--The board shall, at least
11 twice each year, conduct an unannounced inspection of the
12 prison's physical plant. During such inspections the board shall
13 interview a cross section of inmates, out of the presence of the
14 warden and his agents, to determine the conditions within the
15 prison and alternative housing facilities. After each
16 inspection, the board shall prepare a written report setting
17 forth its findings and determinations which shall be available
18 for public inspection.
19 (d) Operations to be consistent with law.--The board shall
20 insure that the prison is being operated in accordance with its
21 regulations, the laws and regulations of this Commonwealth and
22 of the United States.
23 (e) Investigations.--The board shall investigate allegations
24 of inadequate prison conditions and improper practices occurring
25 within the prison and may make such other investigations or
26 reviews of prison operation and maintenance. The books, papers
27 and records of the prison, including, but not limited to, the
28 papers and records of the warden and those relating to
29 individual inmates, shall at all times be available for
30 inspection by the board.
20050S0506B1487 - 62 -
1 § 1705 1725. Rules and regulations. <--
2 The board shall, in the manner provided by law, promulgate
3 such rules, regulations and forms it deems necessary for the
4 proper administration of the board and for the operation of the
5 prison and alternative housing facilities.
6 § 1706 1726. Warden. <--
7 (a) Appointment.--
8 (1) The chief executive shall appoint a warden subject
9 to confirmation by the board. The warden shall serve at the
10 pleasure of the chief executive, who shall fix an appropriate
11 salary.
12 (2) The warden shall be a resident of the county six
13 months after the date of appointment.
14 (b) Duty to employ staff.--Subject to approval of the
15 manager, the warden shall employ deputies, assistants and other
16 personnel required to adequately operate the prison and
17 alternative housing facilities.
18 (c) Duty to report.--
19 (1) The warden shall submit an annual written report to
20 the board which shall contain information on the population,
21 conditions and practices in the prison and other matters as
22 specified by the board. The annual report shall be available
23 for public inspection.
24 (2) The warden shall report to the county chief
25 executive and to the board.
26 § 1707 1727. Board meetings. <--
27 The board shall meet at least once each month and shall keep
28 regular minutes of its proceedings which shall be open to public
29 inspection.
30 § 1708 1728. Contracts and purchases. <--
20050S0506B1487 - 63 -
1 All contracts and purchases required for the maintenance and
2 support of the prisoners, repairs and improvements of the prison
3 and alternative housing facilities and materials and supplies
4 shall be conducted in accordance with the applicable provisions
5 of the county administrative code.
6 SUBCHAPTER B <--
7 COUNTIES OF THE THIRD THROUGH EIGHTH CLASSES
8 Sec.
9 1711. Establishment.
10 1712. Board meetings.
11 1713. Appointment of warden and employees.
12 1714. Powers of peace officers.
13 1715. Expenditures.
14 1716. Bonding requirement.
15 SUBCHAPTER C <--
16 OTHER COUNTIES
17 SEC.
18 1731. ESTABLISHMENT.
19 1732. BOARD MEETINGS.
20 1733. APPOINTMENT OF WARDEN AND EMPLOYEES.
21 1734. POWERS OF PEACE OFFICERS.
22 1735. EXPENDITURES.
23 1736. BONDING REQUIREMENT.
24 § 1711 1731. Establishment. <--
25 (a) General rule.--
26 (1) In counties of the third, fourth and fifth class,
27 the persons now holding the following offices and their
28 successors in each county of the third, fourth or fifth class
29 shall compose a board to be known as the board of inspectors
30 of the jail or county prison.
20050S0506B1487 - 64 -
1 (2) The following persons shall be members of the board:
2 (i) The president judge of the court of common pleas
3 or a judge designated by him.
4 (ii) The district attorney.
5 (iii) The sheriff.
6 (iv) The controller.
7 (v) The county commissioners.
8 (3) The board and the officers appointed by it shall
9 provide for the safekeeping, discipline and employment of
10 inmates and the government and management of the correctional
11 institution.
12 (4) The duty of the sheriff relating to the safekeeping
13 of inmates shall cease and determine on their committal to
14 the correctional institution, and the sheriff may not be
15 furnished a residence in the correctional institution.
16 (5) Notwithstanding the provisions of paragraph (2), the
17 president judge may choose at any time to delete the judge
18 position from the board by so notifying the chairperson and
19 secretary of the board in writing. The decision to delete
20 this position shall remain in effect for as long as the
21 president judge making the decision shall remain as president
22 judge and thereafter until rescinded in like fashion by a
23 successor.
24 (b) Counties that may elect to be subject to subchapter.--
25 Any county of the sixth, seventh or eighth class may elect by
26 resolution of the county commissioners to be governed by the
27 provisions of this subchapter.
28 § 1712 1732. Board meetings. <--
29 (a) Quorum.--A majority of the members of the board shall
30 constitute a quorum for the transaction of business, and all
20050S0506B1487 - 65 -
1 actions of the board shall be by the approval of a majority of
2 all the members of the board.
3 (b) Frequency and nature of meetings.--
4 (1) The board shall meet monthly, or more often if
5 required, and keep regular minutes of their proceedings in a
6 book to be filed with the financial records of the county.
7 The board shall make such rules and regulations for the
8 government and management of the county correctional
9 institution and the safekeeping, discipline and employment of
10 the inmates, as may be deemed necessary.
11 (2) The meetings shall be held at the county
12 correctional institution no less often than quarterly.
13 § 1713 1733. Appointment of warden and employees. <--
14 The board shall appoint a warden of the county correctional
15 institution. The warden, subject to the approval of the board,
16 may appoint such deputy or deputies, assistant or assistants or
17 corrections officers as may be required in the taking care of
18 the county correctional institution. The number and compensation
19 of such deputies, assistants or corrections officers shall be
20 fixed by the salary board.
21 § 1714 1734. Powers of peace officers. <--
22 A chief administrator, deputy warden or corrections officer
23 of a county correctional institution may exercise the powers of
24 a peace officer in the performance of that person's duties
25 generally in:
26 (1) Guarding, protecting and delivering inmates.
27 (2) Protecting the property and interests of the county.
28 (3) Capturing and returning inmates that may have
29 escaped.
30 § 1715 1735. Expenditures. <--
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1 All the expenditures required for the support and maintenance
2 of inmates and the repairs and improvement of the county
3 correctional institution shall be paid from the county treasury
4 by warrants drawn, in the mode prescribed by law, on the regular
5 appropriation for the purpose. No warrant shall be certified by
6 the controller for any expense connected with the county
7 correctional institution unless on vouchers approved by a
8 majority of the board and endorsed by the president and
9 secretary of the board, and all contracts involving an
10 expenditure of funds from the county treasury shall be made in
11 accordance with the procedures set forth in Article XVIII of the
12 act of August 9, 1955 (P.L.323, No.130), known as The County
13 Code.
14 § 1716 1736. Bonding requirement. <--
15 The chief administrator of a county correctional institution,
16 at the time of appointment, shall give bond, with good and
17 sufficient security to be fixed and approved by the board of
18 inspectors, for the faithful performance of the chief
19 administrator's duty and may at any time be removed by the board
20 for misconduct or inefficiency. All deputies, assistants or
21 corrections officers shall also give bond if required by the
22 board and may at any time be suspended by the chief
23 administrator or removed by the board.
24 SUBCHAPTER C D <--
25 ALTERNATIVE PLAN FOR CERTAIN COUNTIES
26 Sec.
27 1721. Sixth, seventh and eighth class counties. <--
28 1722. Appointment of prison commissioners.
29 1741. SIXTH, SEVENTH AND EIGHTH CLASS COUNTIES. <--
30 1742. APPOINTMENT OF PRISON COMMISSIONERS.
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1 § 1721 1741. Sixth, seventh and eighth class counties. <--
2 (a) Management by sheriff.--In a county of the sixth,
3 seventh and eighth class, the government, management and control
4 of the county prison and the safekeeping, care, maintenance,
5 discipline and employment of the inmates therein are vested in
6 the sheriff of the county and the officers and employees
7 appointed by the sheriff.
8 (b) Residence may be furnished.--The sheriff and the
9 sheriff's family may be furnished a residence in the county
10 prison.
11 (c) Staffing.--The sheriff shall from time to time, with
12 approval of the county salary board, appoint as many corrections
13 officers and other employees of the county prison as the salary
14 board shall approve. The compensation of the corrections
15 officers and other employees shall be fixed by the county salary
16 board in the same manner as the compensation of other appointed
17 county officers and employees.
18 § 1722 1742. Appointment of prison commissioners. <--
19 Whenever the appointment of prison commissioners in any
20 county having a population of more than 150,000 is by law lodged
21 in the judges of the court of common pleas, the appointments
22 shall, in all cases as nearly as possible, be equally divided
23 between the two political parties polling the highest number of
24 votes at the preceding general election.
25 SUBCHAPTER D E <--
26 PENAL OPERATIONS AND PROCEDURES
27 Sec.
28 1731. (Reserved). <--
29 1732. Costs of confinement.
30 1733. Board of inspectors to regulate salaries of wardens and
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1 other staff.
2 1734. Residence of warden.
3 1735. Bonds for county prison staff in fourth class counties.
4 1736. Property exempt from taxation.
5 1751. (RESERVED). <--
6 1752. COSTS OF CONFINEMENT.
7 1753. BOARD OF INSPECTORS TO REGULATE SALARIES OF WARDENS AND
8 OTHER STAFF.
9 1754. RESIDENCE OF WARDEN.
10 1755. BONDS FOR COUNTY PRISON STAFF IN FOURTH CLASS COUNTIES.
11 1756. PROPERTY EXEMPT FROM TAXATION.
12 § 1731 1751. (Reserved). <--
13 § 1732 1752. Costs of confinement. <--
14 (a) Liability of cities.--
15 (1) When an inmate is committed to any county
16 correctional institution in this Commonwealth, either for the
17 nonpayment of a fine or penalty imposed for the violation of
18 any city ordinance or while awaiting a hearing upon any
19 charge for the violation of any city ordinance, the costs of
20 proceedings and the expenses of maintaining the inmate during
21 his confinement by virtue of the commitment shall be borne
22 and paid by the city whose ordinance was alleged to have been
23 violated or to which any such fines or penalties are payable.
24 (2) The county in which the city is located shall not be
25 liable to the sheriff for any such maintenance or to any
26 officer, magistrate or person for any costs of such
27 proceedings.
28 (b) Nonapplicability.--This section does not apply to a city
29 of the third class.
30 § 1733 1753. Board of inspectors to regulate salaries of <--
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1 wardens and other staff.
2 (a) General rule.--The board of inspectors in any county
3 where such board exists shall, from time to time, fix and change
4 the salaries and compensation of the deputy wardens, corrections
5 officers and other persons employed in and about the county
6 prison.
7 (b) Nonapplicability.--This section shall not apply to
8 counties in which cities are coextensive with the counties.
9 § 1734 1754. Residence of warden. <--
10 In any county where the government of the county prison is
11 vested in a prison board, the prison board may fix the place of
12 residence of the warden of the county prison either in the jail
13 or elsewhere.
14 § 1735 1755. Bonds for county prison staff in fourth class <--
15 counties.
16 In any county of the fourth class in which there is a board
17 of inspectors, the board shall pay out of the public moneys
18 under its jurisdiction the premiums on all bonds of employees
19 appointed by the board who are required to furnish bond.
20 § 1736 1756. Property exempt from taxation. <--
21 All the property, real and personal, authorized to be held
22 under the former act of June 26, 1895 (P.L.377, No.269),
23 entitled "An act authorizing the erection of work-houses in the
24 several counties of this Commonwealth," shall be exempt from
25 taxation and from levy and sale by virtue of execution or any
26 other process.
27 SUBCHAPTER E F <--
28 JOINT DETENTION CENTERS
29 Sec.
30 1741. Establishment by adjoining counties. <--
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1 1742. Selection of site.
2 1743. Buildings.
3 1744. Construction contracts.
4 1745. Advisory board.
5 1746. Meetings.
6 1747. Superintendent and employees.
7 1748. Rules and regulations.
8 1749. Initial transfer of inmates.
9 1750. Employment of inmates.
10 1751. Cost of transporting inmates.
11 1752. Financial reporting.
12 1753. Allocation of expenses to counties.
13 1754. County appropriations.
14 1755. Exemption from taxation.
15 1761. ESTABLISHMENT BY ADJOINING COUNTIES. <--
16 1762. SELECTION OF SITE.
17 1763. BUILDINGS.
18 1764. CONSTRUCTION CONTRACTS.
19 1765. ADVISORY BOARD.
20 1766. MEETINGS.
21 1767. SUPERINTENDENT AND EMPLOYEES.
22 1768. RULES AND REGULATIONS.
23 1769. INITIAL TRANSFER OF INMATES.
24 1770. EMPLOYMENT OF INMATES.
25 1771. COST OF TRANSPORTING INMATES.
26 1772. FINANCIAL REPORTING.
27 1773. ALLOCATION OF EXPENSES TO COUNTIES.
28 1774. COUNTY APPROPRIATIONS.
29 1775. EXEMPTION FROM TAXATION.
30 § 1741 1761. Establishment by adjoining counties. <--
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1 (a) Authority.--The county commissioners of any two or more
2 adjoining counties may join in establishing, according to a
3 plan, detention facilities for the confinement of persons
4 awaiting trial or sentence on criminal charges, convicted on
5 criminal charges or not otherwise eligible for confinement in
6 other county correctional institutions.
7 (b) Preapproval of plan by department.--Before establishing
8 detention facilities, the counties shall submit their plan to
9 the department for approval. The department may require, as a
10 condition to approving any plan, that two or more adjoining
11 counties join with another adjoining county to establish
12 detention facilities.
13 § 1742 1762. Selection of site. <--
14 Whenever the commissioners of any two or more adjoining
15 counties decide and agree to construct a joint detention
16 facility, they shall acquire a suitable site for the facility.
17 The site may be selected from suitable lands already held by any
18 county of the district for county purposes from lands donated
19 for such purposes or any quantity of land within the respective
20 districts. In the selection of a site, there shall be taken into
21 consideration the objects and purposes of the joint detention
22 center. Title to the land shall be approved by the county
23 solicitor of the county in which the land is located, or such
24 other title guarantee corporation or attorney as may be
25 designated by the commissioners of the counties, and shall be
26 taken in the name of the county or counties comprising the
27 district. The site, before purchase, shall be approved by the
28 department.
29 § 1743 1763. Buildings. <--
30 After the selection and acquisition of sites, the county
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1 commissioners of the counties may erect and construct suitable
2 and necessary buildings thereon, repair any buildings already
3 erected and equip the sites for use and occupancy.
4 § 1744 1764. Construction contracts. <--
5 Joint detention facilities shall be constructed by contract
6 or contracts let by the county commissioners of the counties to
7 the lowest responsible and best bidder after due advertisement
8 in at least one newspaper, published in each of the counties
9 joining in the erection of the joint detention facilities, once
10 a week for two consecutive weeks. When so constructed, the joint
11 detention facilities shall be equipped by the county
12 commissioners of the counties at the cost of the counties in the
13 same manner as other county buildings are equipped.
14 § 1745 1765. Advisory board. <--
15 After joint detention facilities have been erected and
16 equipped and are ready for occupancy, the president judges of
17 the courts of common pleas of the counties joining in the
18 construction of the joint detention facilities shall appoint an
19 advisory board to consist of three persons from each of the
20 counties. The president judge of each of the counties shall
21 appoint one member of the board to serve for one year, one to
22 serve for two years, and one to serve for three years, or until
23 their successors are appointed and qualified. All appointments
24 at the expiration of any term shall be for a term of three
25 years.
26 § 1746 1766. Meetings. <--
27 (a) General rule.--The advisory board shall meet at such
28 times as it deems necessary. The board shall visit and inspect
29 and keep in close touch with the management and operation of the
30 joint detention facilities and shall, from time to time, make
20050S0506B1487 - 73 -
1 such recommendations and suggestions to the county commissioners
2 for changes or improvements in the management and operations of
3 the joint detention facilities as may be deemed advisable. It
4 shall also make an annual report to the county commissioners
5 concerning the management and operation of the joint detention
6 facilities.
7 (b) Administrative support.--The county commissioners shall,
8 at the expense of the counties, provide a meeting place for the
9 board and furnish all supplies and materials necessary to carry
10 on its work.
11 (c) Reimbursement of expenses.--The members of the board
12 shall not receive any compensation for their services, but shall
13 be reimbursed for all actual and necessary expenses incurred in
14 the discharge of their duties, which expenses shall be paid by
15 the counties as part of the cost of maintenance of the joint
16 detention facilities.
17 § 1747 1767. Superintendent and employees. <--
18 The county commissioners of the counties may, after
19 consultation with the advisory board, employ a superintendent
20 and such other employees as may be necessary to conduct and
21 manage properly the joint detention facilities and shall fix
22 their compensation. The duties of those officers shall be
23 prescribed by the rules and regulations of the joint detention
24 facilities. They shall hold their offices, respectively, at the
25 pleasure of and their compensation shall be fixed by the
26 appointing power.
27 § 1748 1768. Rules and regulations. <--
28 The county commissioners of the counties shall, before any
29 inmate may be admitted to the joint detention facilities, after
30 consulting with the advisory board, make general rules and
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1 regulations for the management of the joint detention
2 facilities, which rules and regulations shall be effective after
3 they are approved by the department.
4 § 1749 1769. Initial transfer of inmates. <--
5 When, in any district formed by counties under this
6 subchapter, the arrangements are complete for the reception of
7 inmates, transfer of all persons who are subject to confinement
8 as provided in this subchapter shall be made to the joint
9 detention facilities of the district.
10 § 1750 1770. Employment of inmates. <--
11 An inmate of a joint detention facility under the provisions
12 of this subchapter, unless disqualified by sickness or
13 otherwise, shall be kept at some useful employment as may be
14 suited to the inmate's age and capacity and as may tend to
15 promote the best interest of the inmate. If an inmate refuses to
16 perform the work assigned to the inmate or is guilty of other
17 acts of insubordination, the superintendent shall punish the
18 inmate in such manner as the rules and regulations provided for
19 may prescribe. The superintendent shall keep a record of and
20 report to the advisory board all such offenses and punishments.
21 § 1751 1771. Cost of transporting inmates. <--
22 The cost of transporting inmates committed to the joint
23 detention facilities shall be paid by the counties,
24 respectively, from which the inmates are committed. The sheriff
25 of the county for inmates committed by the court and constables
26 for inmates committed by district justices MAGISTERIAL DISTRICT <--
27 JUDGES shall receive for the inmates committed to the joint
28 detention facilities no mileage or travel expenses on writs,
29 except the actual cost of transporting the inmates to the joint
30 detention facilities, together with any other fees for their
20050S0506B1487 - 75 -
1 services allowed by law.
2 § 1752 1772. Financial reporting. <--
3 A detailed statement of the receipt and expenditures by any
4 county constituting a part of the district for joint detention
5 facilities erected under the provisions of this subchapter shall
6 be published by the county commissioners of each county or by
7 the controller in the county. Where the report is published by
8 the controller, it shall be included in the annual statement of
9 the fiscal affairs of such county.
10 § 1753 1773. Allocation of expenses to counties. <--
11 (a) General rule.--The original cost of the site and
12 buildings of the joint detention facilities and the equipment
13 thereof, all additions thereto and all fixed overhead charges in
14 conducting the joint detention facilities shall be paid by the
15 counties constituting the districts in the ratio of their
16 population according to the last preceding United States census.
17 (b) Inmate expense.--
18 (1) The cost of the care and maintenance of the inmates
19 in the districts shall be certified monthly to the counties
20 from which inmates have been committed. The cost shall be
21 paid by the counties in proportion to the number of inmates
22 committed from each county.
23 (2) All payments shall be on warrants of the county
24 commissioners, countersigned by the county controller in
25 counties where that office exists.
26 § 1754 1774. County appropriations. <--
27 The county commissioners of each county joining in
28 establishing detention facilities as provided for in this
29 subchapter may make appropriations or incur or increase the
30 indebtedness of the county, in the manner provided by law, to an
20050S0506B1487 - 76 -
1 amount sufficient to pay its proportionate part of the cost of
2 acquiring a site and of erecting, constructing and equipping the
3 joint detention facilities by issuing coupon bonds at a rate of
4 interest not exceeding 7%, and payable within 30 years from the
5 date of issue. The county commissioners of the county shall levy
6 an annual tax in an amount necessary to pay interest and sinking
7 fund charges upon such bonds.
8 § 1755 1775. Exemption from taxation. <--
9 All the property, real and personal, authorized to be held by
10 counties under this subchapter shall be exempt from taxation.
11 SUBCHAPTER F G <--
12 JOINT INDUSTRIAL FARMS AND WORKHOUSES
13 Sec.
14 1761. Establishment by counties. <--
15 1762. Selection of site.
16 1763. Buildings.
17 1764. Construction contracts.
18 1765. Advisory board.
19 1766. Meetings.
20 1767. Superintendent and employees.
21 1768. Rules and regulations.
22 1769. Initial transfer of inmates.
23 1770. Employment of inmates.
24 1771. Cost of transporting inmates.
25 1772. Nature of inmate employment.
26 1773. Sale of goods and materials.
27 1774. Financial reporting.
28 1775. Allocation of expenses to counties.
29 1776. Borrowing authorized.
30 1777. Exemption from taxation.
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1 1778. Nonapplicability.
2 1781. ESTABLISHMENT BY COUNTIES. <--
3 1782. SELECTION OF SITE.
4 1783. BUILDINGS.
5 1784. CONSTRUCTION CONTRACTS.
6 1785. ADVISORY BOARD.
7 1786. MEETINGS.
8 1787. SUPERINTENDENT AND EMPLOYEES.
9 1788. RULES AND REGULATIONS.
10 1789. INITIAL TRANSFER OF INMATES.
11 1790. EMPLOYMENT OF INMATES.
12 1791. COST OF TRANSPORTING INMATES.
13 1792. NATURE OF INMATE EMPLOYMENT.
14 1793. SALE OF GOODS AND MATERIALS.
15 1794. FINANCIAL REPORTING.
16 1795. ALLOCATION OF EXPENSES TO COUNTIES.
17 1796. BORROWING AUTHORIZED.
18 1797. EXEMPTION FROM TAXATION.
19 1798. NONAPPLICABILITY.
20 § 1761 1781. Establishment by counties. <--
21 The county commissioners of any two or more counties may join
22 in establishing a joint industrial farm and workhouse for the
23 confinement of:
24 (1) Persons sentenced by the courts of those counties,
25 after conviction, of any misdemeanor or felony, except
26 murder, voluntary manslaughter, rape and arson.
27 (2) Persons who are in default of payment of any fine or
28 penalty, or for nonpayment of costs, or for default in
29 complying with any order of court entered in any prosecution
30 for desertion or nonsupport, or for the violation of any
20050S0506B1487 - 78 -
1 municipal ordinance.
2 § 1762 1782. Selection of site. <--
3 Whenever the commissioners of any two or more counties decide
4 and agree to construct a joint industrial farm and workhouse,
5 they shall acquire a suitable site for the same. The site may be
6 selected from suitable lands already held by any county of the
7 district for county purposes, from lands donated for such
8 purposes or from any quantity of land within the respective
9 districts. In the selection of a site, there shall be taken into
10 consideration the objects and purposes of the joint industrial
11 farm and workhouse and all or as many as practicable of the
12 advantages and resources set forth in this section. The land
13 selected and purchased shall be a varied topography, with
14 natural resources and advantages for many forms of husbandry,
15 fruit growing and stock raising, for brickmaking and for the
16 preparation of all other road and paving material and shall have
17 good railroad, drainage, sewage and water facilities. Title to
18 the land shall be approved by the county solicitor of the county
19 in which the land is located or such other title guarantee
20 corporation or attorney as maybe designated by the commissioners
21 of the counties and shall be taken in the name of the county or
22 counties comprising the district. The site, before purchase, <--
23 shall be approved by the Department of Public Welfare.
24 § 1763 1783. Buildings. <--
25 After the selection and acquisition of the sites, the county
26 commissioners of the counties may erect and construct suitable
27 and necessary buildings thereon, repair any buildings already
28 erected and equip the buildings for use and occupancy. All
29 buildings constructed in pursuance of this subchapter shall be
30 plain and inexpensive in character, and the plans shall be <--
20050S0506B1487 - 79 -
1 approved by the Department of Public Welfare. The labor in
2 constructing such buildings and improvements and facilities
3 shall be supplied by the persons committed to county
4 correctional institutions in the counties or transferred thereto
5 from any county correctional institution, so far as found
6 practicable.
7 § 1764 1784. Construction contracts. <--
8 Joint industrial farm and workhouse buildings shall be
9 constructed by contract or contracts let by the county
10 commissioners of the counties to the lowest responsible and best
11 bidder, after due advertisement in at least one newspaper,
12 published in each of the counties joining in the erection of the
13 joint industrial farm and workhouse, once a week for four
14 consecutive weeks. When so constructed, the joint industrial
15 farm and workhouse buildings shall be equipped by the county
16 commissioners of the counties at the cost of the counties in the
17 same manner as other county buildings are equipped.
18 § 1765 1785. Advisory board. <--
19 After a joint industrial farm and workhouse has been erected
20 and equipped and is ready for occupancy, the president judges of
21 the courts of common pleas of the counties joining in the
22 construction of the joint industrial farm and workhouse shall
23 appoint an advisory board to consist of three persons from each
24 of the counties. The president judge of each of the counties
25 shall appoint one member of the board to serve for one year, one
26 to serve for two years, and one to serve for three years, or
27 until their successors are appointed and qualified. All
28 appointments at the expiration of any term shall be for a term
29 of three years.
30 § 1766 1786. Meetings. <--
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1 (a) General rule.--The advisory board shall meet monthly and
2 at such other times as may be deemed necessary. The board shall
3 visit and inspect and keep in close touch with the management
4 and operation of the joint industrial farm and workhouse and
5 shall, from time to time, make such recommendations and
6 suggestions to the county commissioners for changes or
7 improvements in the management and operations of the joint
8 industrial farm and workhouse as may be deemed advisable. It
9 shall also make an annual report to the county commissioners
10 concerning the management and operation of the industrial farm
11 and workhouse.
12 (b) Administrative support.--The county commissioners shall,
13 at the expense of the counties, provide a meeting place for the
14 board and furnish all supplies and materials necessary to carry
15 on its work.
16 (c) Reimbursement of expenses.--The members of the board
17 shall not receive any compensation for their services, but shall
18 be allowed all actual and necessary expenses incurred in the
19 discharge of their duties, which shall be paid by the counties
20 as part of the cost of maintenance of the joint industrial farm
21 and workhouse.
22 § 1767 1787. Superintendent and employees. <--
23 The county commissioners of the counties may, after
24 consultation with the advisory board, employ a superintendent
25 and such other employees as may be necessary to conduct and
26 manage properly the joint industrial farm and workhouse and
27 shall fix their compensation. The duties of those officers shall
28 be prescribed by the rules and regulations of the joint
29 industrial farm and workhouse.
30 § 1768 1788. Rules and regulations. <--
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1 The county commissioners of the counties shall, before any
2 inmate may be admitted to the joint industrial farm and
3 workhouse, after consulting with the advisory board, make
4 general rules and regulations for the management of the joint
5 industrial farm and workhouse, which rules and regulations shall
6 be effective after they are approved by the Department of Public
7 Welfare.
8 § 1769 1789. Initial transfer of inmates. <--
9 (a) General rule.--When, in any district formed by the
10 counties, the arrangements are complete for the reception of
11 inmates, transfer shall be made from the county correctional
12 institutions to the joint industrial farm and workhouse of the
13 district of all persons:
14 (1) Who have been sentenced to any of the county
15 correctional institutions for any misdemeanor or felony
16 except murder, voluntary manslaughter, rape and arson.
17 (2) Who have been committed to any of the county
18 correctional institutions in default of payment of any fine
19 or penalty, or for nonpayment of costs or for default in
20 complying with any order of court entered in any prosecution
21 for desertion or nonsupport.
22 (3) Legally confined in any of the county correctional
23 institutions, except those that are confined awaiting trial
24 or held as material witnesses.
25 (b) Persons eligible to become inmates.--
26 (1) When any person is convicted in any court in any
27 county of any offense classified as a misdemeanor or felony
28 except murder, voluntary manslaughter, rape and arson, the
29 punishment of which is or may be imprisonment in any county
30 correctional institution for a period of ten days or more,
20050S0506B1487 - 82 -
1 the court may sentence such person to a joint industrial farm
2 and workhouse of the Commonwealth.
3 (2) Courts of record and courts not of record of any
4 county in this Commonwealth may commit to the joint
5 industrial farm and workhouse all persons who might be
6 lawfully committed to the county correctional institution on
7 charges of vagrancy, drunkenness or disorderly conduct, for
8 default or nonpayment of any costs, fine or penalty, for
9 default in complying with any order of court entered in any
10 prosecution for desertion or nonsupport or for violations of
11 municipal ordinances, where, in any such case, the commitment
12 will be for a period of ten days or more.
13 (c) Existing county correctional institutions.--The existing
14 county correctional institutions may be retained to confine
15 persons awaiting trial, held as material witnesses or sentenced
16 for a period of less than ten days, and such number of other
17 convicted persons as may be required to perform the necessary
18 institutional maintenance work.
19 (d) Clothing and treatment.--All inmates shall be clothed
20 and treated as provided for in this subchapter and in the rules
21 and regulations of the joint industrial farm and workhouse.
22 § 1770 1790. Employment of inmates. <--
23 (a) General rule.--An inmate committed to a joint industrial
24 farm and workhouse under the provisions of this subchapter,
25 unless disqualified by sickness or otherwise, shall be kept at
26 some useful employment as may be suited to the inmate's age and
27 capacity and as may be most profitable to the joint industrial
28 farm and workhouse and tend to promote the best interest of the
29 inmate. If an inmate refuses to perform the work assigned to the
30 inmate or is guilty of other acts of insubordination, the
20050S0506B1487 - 83 -
1 superintendent shall punish the inmate in such manner as the
2 rules and regulations provided for may prescribe. The
3 superintendent shall keep a record of and report to the advisory
4 board all such offenses and punishments.
5 (b) Pay schedule and inmate accounts.--All inmates shall
6 receive compensation for their work.
7 (1) Those inmates employed on institutional maintenance
8 and nonproductive labor shall receive not more than 20¢ per
9 day and not less than 10¢ per day.
10 (2) Those inmates employed on productive work shall
11 receive not more than 50¢ per day and not less than 20¢ per
12 day.
13 (3) The earnings of an inmate shall be credited to the
14 inmate's account, and disbursements made on approval of the
15 superintendent of the institution and the written order of
16 the inmate, except when an inmate is committed for nonsupport
17 the court which sentenced the prisoner shall order payment of
18 the earnings. At time of release or discharge, the inmate
19 shall receive all moneys remaining in the inmate's account
20 and give receipt for the same.
21 § 1771 1791. Cost of transporting inmates. <--
22 (a) General rule.--The cost of transporting inmates
23 committed to the joint industrial farms and workhouses shall be
24 paid by the counties, respectively, from which the inmates are
25 committed. The sheriff of the county for inmates committed by
26 the court and constables for inmates committed by district <--
27 justices MAGISTERIAL DISTRICT JUDGES shall receive for the <--
28 inmates committed to the joint industrial farm and workhouse no
29 mileage or travel expenses on writs, except the actual cost of
30 transporting the inmates so committed to the joint industrial
20050S0506B1487 - 84 -
1 farm and workhouse, together with any other fees for their
2 services allowed by law.
3 (b) Railroad ticket upon discharge.--When an inmate is
4 discharged from a joint industrial farm and workhouse, the
5 superintendent thereof shall procure for the inmate a railroad
6 ticket to any point to which the inmate may desire to go, not
7 farther from the joint industrial farm and workhouse than the
8 point from which the inmate was sentenced.
9 § 1772 1792. Nature of inmate employment. <--
10 A joint industrial farm and workhouse shall employ the
11 inmates committed or transferred thereto in work on or about the
12 buildings and farm and in growing produce, raising stock, etc.,
13 for supplies for its own use, the use of the several city and
14 county or county correctional institutions in the district, any
15 political division thereof or any public or charitable
16 institution owned or managed and directed by the counties
17 constituting the district, or any political division thereof.
18 Inmates may also be employed in the preparation of road
19 material, in making brick, tile and concrete or other road
20 building material and in the manufacture of other products and
21 materials as may be found practicable for the use of any of the
22 counties constituting the district and for the proper and
23 healthful employment of the inmates.
24 § 1773 1793. Sale of goods and materials. <--
25 All road material, brick, tile, concrete and other goods and
26 materials prepared or made at a joint industrial farm and
27 workhouse that are not needed for the purposes of the joint
28 industrial farm and workhouse shall be offered for sale at a
29 price to be fixed by the commissioners of the district. In
30 offering such material for sale, preference shall be given to
20050S0506B1487 - 85 -
1 the counties forming the district of the joint industrial farm
2 and workhouse and to the cities, boroughs and townships in the
3 joint district. All moneys so received shall be applied toward
4 paying the overhead expenses of the joint industrial farm and
5 workhouse.
6 § 1774 1794. Financial reporting. <--
7 A detailed statement of the receipts and expenditures by any
8 county constituting a part of the district for a joint
9 industrial farm and workhouse erected under the provisions of
10 this subchapter shall be published by the county commissioners
11 of each county or by the controller in the county. Where the
12 report is published by the controller, it shall be included in
13 the annual statement of the fiscal affairs of the county.
14 § 1775 1795. Allocation of expenses to counties. <--
15 (a) General rule.--The original cost of the site and
16 buildings of the joint industrial farm and workhouse, the
17 equipment thereof, all additions thereto and all fixed overhead
18 charges in conducting the joint industrial farm and workhouse
19 shall be paid by the counties constituting the districts in the
20 ratio of their population according to the last preceding United
21 States census.
22 (b) Inmate expense.--The cost of the care and maintenance of
23 the inmates shall be certified monthly to the counties from
24 which inmates have been committed. The cost shall be paid by the
25 counties in proportion to the number of inmates committed from
26 each county. All payments shall be on warrants of the county
27 commissioners, countersigned by the county controller in
28 counties where such officer exists.
29 § 1776 1796. Borrowing authorized. <--
30 The county commissioners of each county joining in
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1 establishing a joint industrial farm and workhouse, as provided
2 for in this subchapter, may incur or increase the indebtedness
3 of the county, in the manner provided by law, to an amount
4 sufficient to pay its proportionate part of the cost of
5 acquiring a site and of erecting, constructing and equipping the
6 joint industrial farm and workhouse by issuing coupon bonds at a
7 rate of interest not exceeding 6% and payable within 30 years
8 from the date of issue. The county commissioners of the county
9 shall levy an annual tax in an amount necessary to pay interest
10 and sinking fund charges upon the bonds.
11 § 1777 1797. Exemption from taxation. <--
12 All the property, real and personal, authorized to be held
13 under this subchapter shall be exempt from taxation.
14 § 1778 1798. Nonapplicability. <--
15 This subchapter does not apply to cities and counties of the
16 first class.
17 SUBCHAPTER G <--
18 HOUSE OF CORRECTION
19 Sec.
20 1781. Appropriations for improvements, railroad connection
21 and commitments.
22 1782. Arrest of disorderly minors.
23 1783. Commitment of disorderly minors and appeal.
24 1784. Employment of inmates.
25 1785. Punishment for refusal to work.
26 1786. Punishment for destroying property.
27 1787. Supplies and reports.
28 1788. Deficiency in maintenance.
29 1789. Term of commitment for adults.
30 1790. Habeas corpus.
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1 1791. Inebriates.
2 1792. Power of Department of Public Welfare.
3 1793. Annual statement.
4 § 1781. Appropriations for improvements, railroad connection
5 and commitments.
6 Whenever the managers of the House of Correction, Employment
7 and Reformation shall desire to make any additional permanent
8 improvement or purchase additional ground and shall recommend
9 that the same be done, and after the Committee of Councils of
10 Philadelphia on House of Correction shall endorse the
11 recommendation, then the councils of the City of Philadelphia
12 shall make all necessary appropriations asked for by the
13 managers for the purposes so recommended. The managers of the
14 House of Correction, Employment and Reformation shall
15 superintend and direct the erection, completion and furnishing
16 of the buildings during the progress of the work. The managers
17 may extend from their property a single track railroad along and
18 over such lands as may intervene between their ground and the
19 Philadelphia and Trenton Railroad Company, and connect
20 therewith, provided the railroad company assents thereto (the
21 distance of the road not to exceed 2,000 yards), and to purchase
22 right-of-way over the land to Philadelphia and Trenton Railroad,
23 and to erect wharves upon their property. The managers may
24 provide for such inmates as may be necessary to aid in the
25 construction of the permanent building. After the two first
26 wings have been furnished, the board of managers shall have full
27 and entire control to regulate the inmates therein and shall, at
28 such times as they think proper, certify to the court of common
29 pleas and to the board of managers at the Blockley Almshouse,
30 which court and managers, and the inspectors of the Philadelphia
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1 County Prison, respectively, thereafter may commit to the House
2 of Correction, Employment and Reformation such able-bodied
3 indigents and vagrants as may have been committed or sentenced
4 to be confined in the county prison or Blockley Almshouse for a
5 period of not less than three months. The judges of the court of
6 common pleas and the board of inspectors of the Philadelphia
7 County Prison shall commit to the House of Correction,
8 Employment and Reformation all vagrants, habitual drunkards,
9 streetwalkers and disorderly persons, adults or minors whom they
10 may deem best to so confine. The managers of the Blockley
11 Almshouse, the managers of the poor for the Township of
12 Germantown and the managers of Lower Dublin and Oxford Poorhouse
13 shall transfer, within 24 hours after entrance in the almshouse,
14 all able-bodied indigents, adults or minors, except such as may
15 be necessary to employ in the service of the almshouses.
16 § 1782. Arrest of disorderly minors.
17 Upon complaint made on oath to any police magistrate or
18 district justice against any child within a city of the first
19 class not under the age of 16 by the child's parent or guardian
20 or other person standing to the child in place of a parent as
21 being disorderly, the magistrate or district justice shall issue
22 a warrant for the apprehension of the offender and cause the
23 offender to be brought before himself or any other police
24 magistrate or district justice for examination.
25 § 1783. Commitment of disorderly minors and appeal.
26 If a magistrate or district justice is satisfied by competent
27 testimony that a person is a disorderly child within the meaning
28 of this subchapter, he shall make up and sign a record of
29 conviction and shall by warrant commit the person to the House
30 of Correction, Employment and Reformation. The powers and duties
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1 of the managers in relation to the children shall be the same in
2 all things as are prescribed as to other minors received by
3 them. The magistrate or district justice, in addition to the
4 record of conviction, shall annex the names and addresses of the
5 different witnesses examined before him and the substance of the
6 testimony given by them, respectively, on which the conviction
7 was founded, provided that any person committed shall have the
8 same right of appeal as is secured by law to persons convicted
9 of criminal offenses, but on such appeal, mere informality in
10 the issuing of any warrant shall not be held to be sufficient
11 cause for granting a discharge.
12 § 1784. Employment of inmates.
13 Every inmate in the custody of the board of managers not
14 disqualified by sickness or casualty shall be employed by the
15 superintendent in quarrying stone, cultivating the ground,
16 manufacturing such articles as may be needed for the prison,
17 almshouse, other public institution of the State or city of the
18 first class or for other persons and at such other labor as
19 shall, upon trial, be found to be profitable to the institution
20 and suitable to its proper discipline and health and capacities
21 of the inmates. The superintendent may detail such numbers of
22 the inmates as he may regard proper to do the work outside the
23 grounds of the institution for any of the departments or
24 institutions of the city of the first class or for such other
25 persons as may be approved by the board of managers.
26 § 1785. Punishment for refusal to work.
27 If an inmate committed to the House of Correction, Employment
28 and Reformation, according to law, shall refuse or neglect to
29 perform the work assigned to him, it shall be the duty of the
30 superintendent to punish the inmate by close confinement, on a
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1 diet of bread and water only, for such time as may be deemed
2 necessary. The refusal and punishment shall be immediately
3 reported to the managers and shall, by the clerk of the board,
4 be recorded in a book to be kept for that purpose. The physician
5 of the institution shall visit an inmate so confined for
6 punishment at least once in each and every 24 hours and shall
7 record, in a book to be kept for that purpose, his opinion of
8 the health of the person confined. Upon the physician's opinion
9 that the confinement is injurious to the inmate, the confinement
10 or diet shall be altered in such manner as the physician
11 directs.
12 § 1786. Punishment for destroying property.
13 Any inmate of the House of Correction, Employment and
14 Reformation who shall willfully break, destroy or injure any
15 material, machinery, tool, property or thing belonging to the
16 House of Correction, Employment and Reformation or shall escape
17 therefrom commits a misdemeanor and, upon conviction thereof
18 before any court of record of the county of the first class, may
19 be punished by imprisonment at hard labor for not less than one
20 month or more than one year.
21 § 1787. Supplies and reports.
22 The superintendent shall make a monthly requisition on the
23 board of managers for all articles which the superintendent
24 shall deem necessary for the institution, and such as shall be
25 approved by them shall be purchased. The superintendent shall,
26 once in every month, report to the board of managers the number
27 of inmates committed, discharged, sick, dead or remaining in the
28 institution and the quality and kind of labor performed. The
29 board of managers shall transmit annually to the city council a
30 condensed statement of the finances of the institution.
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1 § 1788. Deficiency in maintenance.
2 For any deficiency in furnishing, keeping and maintaining the
3 House of Correction, Employment and Reformation, in conformity
4 with the provisions of this subchapter, the managers may apply
5 to the city councils for such sum or sums as shall be necessary;
6 and the city councils shall appropriate the sum or sums deemed
7 necessary.
8 § 1789. Term of commitment for adults.
9 Every adult person committed to the House of Correction,
10 Employment and Reformation of the City of Philadelphia shall:
11 (1) For the first time, be committed for a term of not
12 less than three months nor more than one year.
13 (2) For the second time, be committed for a term of not
14 less than nine months nor more than 18 months.
15 (3) For the third time, be committed for a term of not
16 less than 18 months nor more than 24 months.
17 (4) For the fourth time, or at any time thereafter, be
18 committed for a term of not more nor less than 24 months.
19 The board of managers shall have discretionary power to
20 discharge the inmates.
21 § 1790. Habeas corpus.
22 Any person committed to the House of Correction, Employment
23 and Reformation by any other authority than the court of common
24 pleas of the county of the first class may apply for a writ of
25 habeas corpus to any judge of the court. Upon return of the
26 writ, if the judge deems there is sufficient or reasonable
27 ground for granting the writ, the judge shall enter upon a
28 rehearing of the evidence and either discharge the individual or
29 modify or confirm the commitment.
30 § 1791. Inebriates.
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1 The managers of the House of Correction, Employment and
2 Reformation may, if in their judgment they regard it necessary,
3 erect, establish and maintain a separate building upon their
4 grounds as a facility for persons suffering from substance abuse
5 to which the mayor, alderman and judges of the court of common
6 pleas may commit for such length of time as in their judgment
7 may seem proper. Those persons who are able or who have friends
8 able to pay for their board and clothing shall be admitted and
9 charged such an amount per week as the managers may direct,
10 provided this shall be a separate building, to be known as the
11 hospital department, in which all aged and sick persons,
12 including persons suffering from substance abuse, shall be
13 treated. When such persons are relieved and able to perform
14 service, they may be discharged from custody unless they prefer
15 to be transferred to the Department of Labor and Industry and
16 work at their trade or some profitable employment from which
17 profits their expenses shall be deducted and the balance paid to
18 them on discharge for aiding reinstatement to society.
19 § 1792. Power of Department of Public Welfare.
20 The same power and authority that are given by ordinance of
21 councils or acts of the General Assembly to the guardians of the
22 poor, prison inspectors and managers of the House of Refuge of
23 the City of Philadelphia are hereby extended to the managers of
24 the House of Correction, Employment and Reformation of the City
25 of Philadelphia.
26 § 1793. Annual statement.
27 The board of managers shall, on or before the first day of
28 November of each year, submit to councils a statement of the
29 sums necessary for the maintenance of the House of Correction,
30 Employment and Reformation for the ensuing term.
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1 CHAPTER 19
2 PHILADELPHIA COUNTY PRISON
3 Subchapter
4 A. Establishment
5 B. Administration
6 SUBCHAPTER A
7 ESTABLISHMENT
8 Sec.
9 1901. Name of jail and appointment of inspectors.
10 1902. Visiting inspectors.
11 1903. Duties of physician.
12 1904. Visitors to have permission in writing.
13 1905. Treatment of inmates on discharge.
14 1906. County of the first class to supply deficiency in
15 furnishing and maintaining prison.
16 1907. Inmates sentenced for less than two years to county
17 prison.
18 1908. Vagrants and disorderly persons.
19 § 1901. Name of jail and appointment of inspectors.
20 (a) General rule.--The prison erected under the provisions
21 of the act of March 30, 1831 (P.L.228, No.123), entitled "An act
22 to provide for the erection of a new prison and a debtor's
23 apartment within the city and county of Philadelphia, and for
24 the sale of the county prison in Walnut-street, in said city,"
25 shall be known as the Philadelphia County Prison, and shall be
26 managed by a board of inspectors consisting of 12 citizens
27 residing in the City of Philadelphia or County of Philadelphia
28 who shall serve without any pecuniary compensation as follows:
29 (1) Four members shall be appointed by the Mayor,
30 Recorder and Aldermen of the City of Philadelphia.
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1 (2) Four members shall be appointed by the judges of the
2 court of common pleas.
3 (3) Four members shall be appointed by the judges of the
4 District Court of the City of Philadelphia and County of
5 Philadelphia.
6 (b) Terms.--The members shall serve for four years or until
7 their successors shall be appointed. In case of vacancy by
8 death, resignation or otherwise, the member shall be supplied by
9 the court who appointed the individual who has caused the
10 vacancy upon notice of such vacancy from the president of the
11 board of inspectors. The first appointment of inspectors under
12 the former act of April 14, 1835 (P.L.232, No.140), entitled "A
13 supplement to the act entitled An act to provide for the
14 erection of a new prison and a debtors' apartment within the
15 city and county of Philadelphia, and for the sale of the county
16 prison in Walnut street in said city," shall be made on the
17 first Monday in May next following and annually thereafter.
18 § 1902. Visiting inspectors.
19 (a) General rule.--The inspectors shall appoint, monthly,
20 three of their number, who shall be the visiting inspectors,
21 whose duty it shall be to visit the county correctional
22 institutions at least once a week or more often, if necessary:
23 (1) To see that the duties of the officers and
24 attendants are performed.
25 (2) To prevent all oppression, peculation or other abuse
26 or mismanagement of the county correctional institution.
27 (3) To report in writing to the board of inspectors
28 monthly or more often, if necessary, the state of the county
29 correctional institution, for their information and
30 government.
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1 (b) Inmate calendar to be provided.--The visiting inspectors
2 shall be furnished by the superintendent with a calendar of the
3 inmates and shall see that the inmates named in the calendar are
4 in the respective cells assigned to them. On their visits to the
5 cells, the visiting inspectors shall not be attended by any of
6 the officers unless thereto especially required by them.
7 (c) Powers and duties.--
8 (1) The inspectors shall make the necessary contracts
9 for the purchase of clothing, provisions and all articles and
10 supplies necessary for the support and employment of inmates,
11 and direct the manner in which they shall be employed and the
12 articles manufactured by the inmates shall be sold.
13 (2) The inspectors shall affix and determine the
14 quantity and kind of food that shall be furnished daily to
15 each inmate confined in the county correctional institution.
16 (3) The inspectors may examine any inmate on oath or
17 affirmation, relative to any abuse in the county correctional
18 institution or matter within the purview of their duties.
19 (4) The inspectors shall cause accurate accounts to be
20 kept by the clerk of all receipts and expenditures in the
21 county correctional institution, which accounts shall be
22 annually examined and settled by the auditors of the county
23 of the first class.
24 § 1903. Duties of physician.
25 (a) General rule.--The physician shall:
26 (1) Visit the Philadelphia County Prison daily, visit
27 and prescribe for all who are sick and at least once a month
28 visit every inmate confined in the county correctional
29 institution and report monthly in writing to the inspectors
30 as to the health of the inmates in the county correctional
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1 institution.
2 (2) Attend immediately, on notice from the
3 superintendent, any person that is sick.
4 (3) Examine every person brought into the county
5 correctional institution as an inmate as to the state of the
6 inmate's health.
7 (4) Keep a journal in which a record is maintained of
8 the names of all inmates as they come in and the state of
9 their health and also of all persons confined who may come
10 under the physician's care for medical treatment, together
11 with such remarks as the physician may deem important, which
12 journal shall be open to the inspectors and superintendent
13 whenever they may require it.
14 (b) Dietary considerations and infirmary cells.--
15 (1) Inmates who are under the care of the physician
16 shall be allowed such diet as the physician shall direct.
17 (2) The inspectors shall appropriate as many cells,
18 together with the infirmary, as they may deem necessary for
19 the special occupation of the sick, and have the cells so
20 fitted up as will best promote the health, convenience and
21 comfort of the inmates.
22 (3) Whenever, in the opinion of the physician, an inmate
23 is so ill as to require removal from the ordinary cells to
24 those appropriated for the sick, the superintendent shall
25 direct such removal, and the inmate shall be kept there until
26 the physician shall certify that the inmate may be returned
27 to the inmate's former cell without injury to the inmate's
28 health.
29 (4) Should the physician have reason to believe that an
30 inmate is materially affected by the discipline, treatment or
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1 diet, the physician shall, if he thinks proper, order an
2 alteration therein, which order shall be entered on the
3 physician's journal, and a copy thereof furnished to the
4 superintendent who shall carry the order into effect until
5 the next visit of the visiting inspectors, who shall inquire
6 into the case and confirm or annul the order or refer the
7 same to the board of inspectors.
8 § 1904. Visitors to have permission in writing.
9 (a) General rule.--No person shall be permitted to visit the
10 Philadelphia County Prison except:
11 (1) An official visitor specified in subsection (b).
12 (2) A person who has permission in writing from one of
13 the inspectors.
14 (3) An attorney who may be permitted to visit the
15 attorney's client confined for trial, as provided for by law.
16 (b) Designation of official visitors.--The official visitors
17 are:
18 (1) The Governor.
19 (2) The members of the General Assembly.
20 (3) The Secretary of the Commonwealth.
21 (4) The Attorney General.
22 (5) The deputies for the city of the first class and
23 county of the first class.
24 (6) The president and associate judges of the district
25 court of the City of Philadelphia and the County of
26 Philadelphia and the court of common pleas.
27 (7) The grand juries of the county of the first class.
28 (8) Commissioners of the county of the first class.
29 (9) The acting committee of the Philadelphia society for
30 alleviating the miseries of public prisons.
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1 (10) The mayor and recorder of the City of Philadelphia.
2 (c) Communication prohibited.--
3 (1) Except for the official visitors identified in
4 subsection (b), no person shall have any communication with
5 the inmates except by authority of the board of prison
6 inspectors, who may issue permits to visit an inmate after
7 sentence in their discretion.
8 (2) No visitor may be permitted to deliver or to receive
9 from any inmate any letter or message whatever or to supply
10 an inmate with any article, except such letters or messages
11 to and from inmates confined for trial as may be first
12 submitted or communicated to the superintendent or one of the
13 inspectors and approved by them, or either of them, under the
14 penalty of a $100 fine, to be recovered as provided for other
15 fines imposed by the act of March 30, 1831 (P.L.228, No.123),
16 entitled "An act to provide for the erection of a new prison
17 and a debtor's apartment within the city and county of
18 Philadelphia, and for the sale of the county prison in
19 Walnut-street, in said city."
20 § 1905. Treatment of inmates on discharge.
21 (a) Clothing.--When an inmate shall be discharged by the
22 expiration of the term for which the inmate was sentenced or by
23 pardon, the clothes belonging to the Philadelphia County Prison
24 shall be taken off and the clothing belonging to the inmate
25 restored, together with such property, if any, that was taken
26 from the inmate at the time of reception into the county
27 correctional institution, which has not been otherwise legally
28 disposed of.
29 (b) Furnishing of suitable clothing.--If an inmate shall not
30 possess suitable clothing, the inspectors shall provide the
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1 inmate with what may in their judgment be necessary. The
2 inspectors and superintendent may furnish the discharged inmate
3 with a sum of money or clothing not exceeding $5.
4 § 1906. County of the first class to supply deficiency in
5 furnishing and maintaining prison.
6 For any deficiency in keeping, furnishing and maintaining the
7 Philadelphia County Prison, in conformity with the provisions of
8 this chapter, the inspectors are authorized to apply to the
9 commissioners of the county of the first class for such sum or
10 sums as may be necessary or required. If it shall appear
11 reasonable, and that the accounts of the inspectors are properly
12 kept and adjusted, the commissioners of the county of the first
13 class shall draw an order on the treasurer of the county of the
14 first class for such sum or sums as may be necessary to satisfy
15 such demands.
16 § 1907. Inmates sentenced for less than two years to county
17 prison.
18 A person who shall be convicted in any court of common pleas
19 in the city of the first class or county of the first class of
20 any crime or offense, the punishment of which would be
21 imprisonment for a period of time under two years, shall be
22 sentenced by the court to imprisonment in the Philadelphia
23 County Prison, by separate or solitary confinement at hard labor
24 for and during the term of the person's sentence and shall be
25 fed, clothed and treated as provided for in this chapter.
26 § 1908. Vagrants and disorderly persons.
27 Any person who may be convicted according to the laws of this
28 Commonwealth before the mayor, recorder or any alderman of the
29 city of the first class, or before any alderman or district
30 justice of the county of the first class, as a vagrant or
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1 disorderly person shall be sentenced to separate confinement at
2 hard labor in the Philadelphia County Prison for the term of one
3 month and be fed, clothed and treated as inmates in the county
4 correctional institution are directed to be fed, clothed and
5 treated.
6 SUBCHAPTER B
7 ADMINISTRATION
8 Sec.
9 1911. Sentences may be served in Philadelphia County Prison.
10 1912. Coroner of first class county not to hold inquests on
11 convicts, except in certain cases.
12 1913. Inspectors to discharge inmates.
13 1914. Treatment of inmates convicted of capital offenses.
14 1915. Philadelphia County Prison and debtors' apartment.
15 § 1911. Sentences may be served in Philadelphia County Prison.
16 (a) General rule.--A person who shall be convicted in any
17 court of common pleas in the county of the first class of any
18 crime or offense, the punishment of which would be imprisonment
19 in a State correctional institution, may be sentenced by the
20 proper court to suffer imprisonment, by separate or solitary
21 confinement at hard labor either in the State correctional
22 institution or in the Philadelphia County Prison, at the
23 discretion of the courts.
24 (b) Exception.--This section does not apply in cases of a
25 person convicted under 18 Pa.C.S. § 2502(b) (relating to
26 murder), 2503 (relating to voluntary manslaughter) or 2504
27 (relating to involuntary manslaughter).
28 § 1912. Coroner of first class county not to hold inquests on
29 convicts, except in certain cases.
30 (a) General rule.--The coroner of a county of the first
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1 class may not hold an inquest on the body of any inmate who dies
2 during confinement in the county prison unless required by the
3 inspectors thereof, except in cases of murder, suicide,
4 manslaughter or death caused by casualties.
5 (b) Physician to give certificate of death of inmate.--The
6 attending physician of the county prison in a county of the
7 first class shall certify to the inspectors thereof the name and
8 age of any inmate who dies in the county prison, together with
9 the disease or cause of death of the inmate, so far as the
10 attending physician can ascertain the same. The inspectors shall
11 copy the certificate into a book to be kept by them for that
12 purpose. After copying the certificate, the inspector shall send
13 the certificate to the Board of Health of the county, who shall
14 file the certificate. The inspectors shall inter the body of the
15 inmate.
16 § 1913. Inspectors to discharge inmates.
17 The board of prison inspectors of a county of the first class
18 may discharge from the county prison any inmate who may have
19 served the inmate's term of imprisonment, in the same manner and
20 upon the same conditions as provided under this title for other
21 county correctional institutions.
22 § 1914. Treatment of inmates convicted of capital offenses.
23 The board of prison inspectors of a county of the first class
24 shall treat prisoners sentenced to execution and who are not
25 executed after an imprisonment of six months, as other inmates
26 who are sentenced to confinement and labor.
27 § 1915. Philadelphia County Prison and debtors' apartment.
28 (a) Establishment.--The Philadelphia County Prison and
29 debtors' apartment shall be managed by a board of inspectors
30 consisting of nine citizens of the city of the first class, five
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1 of whom shall be appointed by the judges of the court of common
2 pleas and four of whom by the judges of the district court of
3 the County of Philadelphia, which inspectors shall serve without
4 any pecuniary compensation and shall organize themselves into a
5 board to manage the county correctional institution and debtors'
6 apartment and perform all the duties belonging by law to that
7 office.
8 (b) Division of inspectors.--At their first meeting, the
9 inspectors shall divide themselves by lot into three classes of
10 three each, the first class to serve for one year, the second
11 for two years and the third for three years. At the same meeting
12 they shall elect one of their members as president of the board.
13 (c) Vacancy by death or otherwise.--In case of any vacancy
14 occurring by death, resignation or otherwise, the member shall
15 be supplied by the appropriate appointing judges of the courts
16 identified in subsection (a) notice of the vacancy from the
17 president of the board.
18 (d) Rules and regulations.--The board of inspectors shall
19 adopt and enforce, from time to time, such rules and regulations
20 as they shall deem proper for visiting inmates in the untried
21 department of the county correctional institution, subject to
22 the revisal and approval of the courts. Each court may at any
23 time remove any of its appointees for any cause satisfactory to
24 the court.
25 CHAPTER 21
26 HOUSE OF DETENTION FOR UNTRIED INMATES AND WITNESSES
27 Sec.
28 2101. Cities of the first class.
29 2102. Administration.
30 2103. Compensation prohibited and term of office.
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1 2104. Site selection.
2 2105. Persons submit to commitment.
3 2106. Cost of site procurement.
4 2107. Superintendent.
5 2108. Cost of maintenance.
6 § 2101. Cities of the first class.
7 A city of the first class may establish a house of detention
8 for the reception and detention of all persons charged with a
9 criminal offense or held as witnesses in any judicial
10 proceeding.
11 § 2102. Administration.
12 A house of detention established under the provisions of this
13 chapter shall be under the care, management and supervision of a
14 board of managers consisting of six members, three of whom shall
15 be appointed by the judges of the courts of common pleas of the
16 county in which the house is established and three of whom shall
17 be appointed by the judges of the municipal court of the city of
18 the first class in which the house is established.
19 § 2103. Compensation prohibited and term of office.
20 The board of managers provided for in this chapter shall
21 serve without compensation and shall hold office for two years
22 or until their successors are appointed, subject to removal by
23 the judges appointing them.
24 § 2104. Site selection.
25 The board of managers, when authorized by the councils of the
26 city of the first class, shall select and secure a suitable
27 location in the city of the first class for a house of detention
28 by leasing or purchasing the same and shall erect thereon a
29 suitable house for such purpose. The houses shall be so arranged
30 and constructed that persons detained therein may have, as far
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1 as possible, a comfortable and separate room for their
2 accommodation and be subject to as little restraint as may be
3 consistent with their safe detention. The board of managers may
4 make suitable rules and regulations for the government and
5 control of the house of detention and of persons committed
6 thereto. The rules and regulations shall be approved by the
7 judges appointing the board of managers, and no change in the
8 rules and regulations, or amendment thereof, shall have force
9 and effect until approved in like manner by the judges.
10 § 2105. Persons submit to commitment.
11 In a county where a house of detention is situate, all
12 persons held to await trial on any criminal offense or as
13 witnesses shall be committed to the house of detention instead
14 of the county correctional institution. The judges, district
15 justices and other officers having power of commitment shall
16 make commitments for trial on criminal offenses and in holding
17 witnesses in judicial proceedings to the house of detention
18 instead of to the county correctional institution, as provided
19 by law. The practice and procedure established by law for the
20 commitment and detention of inmates for trial and witnesses
21 shall remain in effect, except that the place of commitment and
22 detention shall be to the house of detention established by this
23 chapter.
24 § 2106. Cost of site procurement.
25 The cost of procuring a site for and erecting and
26 constructing a house of detention may be provided for by
27 appropriation by the councils of the city wherein the house
28 shall be located, in like manner as the cost of public
29 improvements is now provided for by law. The appropriation shall
30 be made to the county commissioners of the county wherein the
20050S0506B1487 - 105 -
1 city is located, and the expenses incurred thereunder shall be
2 itemized and presented, with proper vouchers, to the county
3 commissioners who shall be required to pay the same.
4 § 2107. Superintendent.
5 The board of managers shall appoint a superintendent, who
6 shall reside in a house of detention, and a sufficient number of
7 persons to maintain order and conduct the affairs thereof. The
8 number of appointees shall be approved by the judges, who may
9 authorize an increase or reduction thereof from time to time.
10 The salary or compensation to be paid the superintendent and
11 appointees shall be fixed by the board of managers and be
12 certified to the county commissioners as the expense of
13 maintaining the house of detention.
14 § 2108. Cost of maintenance.
15 The costs and expenses of maintaining the house of detention
16 established by this chapter shall be provided by the respective
17 counties containing the house in the same manner as the costs
18 and expenses of maintaining county prisons are provided by law.
19 CHAPTER 19 <--
20 (RESERVED)
21 CHAPTER 21
22 (RESERVED)
23 CHAPTER 23
24 IMPROVEMENTS TO STATE CORRECTIONAL INSTITUTIONS
25 Subchapter
26 A. Preliminary Provisions <--
27 B. Lease Purchase Agreements
28 C. Itemization of Public Improvement Projects
29 D. Incurring Indebtedness for County Prisons
30 E. Construction of New Prison
20050S0506B1487 - 106 -
1 F. Multicounty Regional Prison Facilities
2 G. Miscellaneous Provisions
3 A. PRELIMINARY PROVISIONS <--
4 B. LEASE PURCHASE AGREEMENTS
5 C. ITEMIZATION OF PUBLIC IMPROVEMENT PROJECTS
6 D. INCURRING INDEBTEDNESS FOR COUNTY PRISONS
7 E. CONSTRUCTION OF NEW PRISON
8 F. MULTICOUNTY REGIONAL PRISON FACILITIES
9 G. MISCELLANEOUS PROVISIONS
10 SUBCHAPTER A
11 PRELIMINARY PROVISIONS
12 Sec.
13 2301. Short title of chapter.
14 2302. Declaration of policy.
15 2303. Definitions.
16 § 2301. Short title of chapter.
17 This chapter shall be known and may be cited as the Prison
18 Facilities Improvement Act.
19 § 2302. Declaration of policy.
20 The General Assembly finds and declares as follows:
21 (1) The Commonwealth faces a serious problem in the
22 overcrowded prisons.
23 (2) Expeditious procedures are required to resolve the
24 problem.
25 § 2303. Definitions.
26 The following words and phrases when used in this chapter
27 shall have the meanings given to them in this section unless the
28 context clearly indicates otherwise:
29 "Modular unit." A prefabricated structure designed to house
30 inmates in individual cells or a combination of cells and
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1 dormitory housing. The structure is primarily factory-fabricated
2 and site-assembled using prefinished units into a completed
3 inmate housing structure.
4 SUBCHAPTER B
5 LEASE PURCHASE AGREEMENTS
6 Sec.
7 2311. Authorization.
8 2312. Terms of lease agreements.
9 2313. Selection of contractor.
10 2314. Award of contract.
11 2315. Construction oversight and inspection.
12 2316. Exemption and nonapplicable acts.
13 2317. Location of facility.
14 2318. Report to General Assembly.
15 § 2311. Authorization.
16 The Department of General Services is authorized to enter
17 into agreements for the lease or purchase of three 1,000-cell
18 prisons in this Commonwealth. Two prisons are to be located
19 anywhere in this Commonwealth and one maximum security prison is
20 to be located in Greene County.
21 § 2312. Terms of lease agreements.
22 (a) Term.--The terms of the lease agreements shall be at
23 least 20 years, subject to the exercise of its option by the
24 Commonwealth to purchase under subsection (b).
25 (b) Option.--The Commonwealth shall have the option to
26 purchase each facility at the time the facility is turned over
27 to the Commonwealth for operation, at the end of the lease term
28 or at intermediate dates as specified in the lease agreements.
29 (c) Timing.--The lease agreement shall be executed prior to
30 the commencement of construction. The lease term shall commence
20050S0506B1487 - 108 -
1 upon execution of a lease, at the time the facility is ready for
2 operation or on any date certain prior to the occupancy of the
3 facility.
4 (d) Assignability.--Each lease agreement shall provide that
5 it may be assigned by the developers with the concurrence of the
6 Commonwealth and shall be in such form that it may be used as
7 security for a loan or loans to finance the acquisition and
8 construction of the facility.
9 (e) Rent.--Payment of rent by the Commonwealth shall begin
10 when the facility is occupied by the Commonwealth.
11 (f) Option price.--The Department of General Services, in
12 consultation with the Office of the Budget, shall have the
13 authority, through negotiations with the contractor, to
14 determine the cost of the option to purchase each facility
15 should the Commonwealth choose to exercise its option to
16 purchase and to determine the amount of payment, if any, due at
17 the end of the term of the lease agreements or at other option
18 dates.
19 (g) Prevailing wage requirement.--The lease agreements shall
20 provide that the project be constructed pursuant to prevailing
21 wages as shall be determined by the Department of Labor and
22 Industry.
23 (h) Critical path method scheduling.--The lease agreement
24 may provide that critical path method scheduling be utilized.
25 § 2313. Selection of contractor.
26 (a) Specification.--The Department of Corrections, with
27 review by the Department of General Services, shall supply the
28 general specifications for the facilities to be developed.
29 (b) Advertisement.--The Department of General Services shall
30 advertise for proposals to construct the prisons and lease the
20050S0506B1487 - 109 -
1 buildings to the Commonwealth.
2 (c) Committee.--A committee shall be established to review
3 the proposals under subsection (b). This committee shall include
4 representatives from the Department of Corrections, the
5 Department of General Services and the Department of Labor and
6 Industry. This committee may include, at the discretion of the
7 chairman and minority chairman of the Appropriations Committee
8 of the Senate and the chairman and minority chairman of the
9 Appropriations Committee of the House of Representatives,
10 nonvoting oversight members. The chairman and minority chairman
11 of the Appropriations Committee of the Senate and the chairman
12 and minority chairman of the Appropriations Committee of the
13 House of Representatives may each appoint one nonvoting member
14 to the committee.
15 (d) Submission of proposals.--The proposals shall be
16 submitted to the Department of General Services for
17 consideration by the committee.
18 (e) Committee recommendation.--The committee shall recommend
19 a proposal to the Secretary of General Services, the Secretary
20 of Corrections and the Secretary of the Budget for approval.
21 § 2314. Award of contract.
22 The award of a contract under this subchapter shall be made
23 on the basis of the best interest of the Commonwealth to a
24 responsive and responsible proposer. Although cost shall be
25 considered as a factor, it need not be the determining factor.
26 The Secretary of General Services, the Secretary of Corrections
27 and the Secretary of the Budget, prior to the award of a
28 contract under this section to a proposer other than the low
29 responsive and responsible proposer, shall notify the chairman
30 and minority chairman of the Appropriations Committee of the
20050S0506B1487 - 110 -
1 Senate and the chairman and minority chairman of the
2 Appropriations Committee of the House of Representatives of
3 their rationale and justification for the award. No award shall
4 be made to a proposer other than the low responsive and
5 responsible proposer until notification and a time period of
6 five days from the date of notification for comment is given to
7 the chairman and minority chairman of the Appropriations
8 Committee of the Senate and the chairman and minority chairman
9 of the Appropriations Committee of the House of Representatives.
10 The confidentiality of any and all details of the information
11 contained in the bid proposals shall be strictly maintained.
12 § 2315. Construction oversight and inspection.
13 (a) Responsibility.--The Secretary of the Budget shall
14 exercise construction audit oversight responsibility during
15 selection of the contractors and during the design and
16 construction of the facilities. The Secretary of the Budget may
17 retain such consultants and staff as may be necessary to carry
18 out this oversight function, including the use of the current
19 construction audit unit in the Office of the Budget.
20 (b) Inspection.--The Department of General Services or its
21 duly authorized agent, in consultation with the Department of
22 Corrections, shall inspect the facilities in accordance with law
23 to determine if construction meets the specifications for the
24 facilities.
25 § 2316. Exemption and nonapplicable acts.
26 The facilities authorized in this subchapter are exempt from
27 the provisions of the former act of March 21, 1986 (P.L.64,
28 No.19), known as the Private Prison Moratorium and Study Act.
29 § 2317. Location of facility.
30 For prison projects itemized in this subchapter for which a
20050S0506B1487 - 111 -
1 location is not specified, the Department of General Services
2 shall, upon the termination of the period allowed for submission
3 of proposals to the Department of General Services, notify the
4 county board of commissioners, or the county council in counties
5 which have adopted a home rule charter, of each county where a
6 proposal has been received for a site or sites within the
7 county. Each county board or council so notified may disapprove
8 the location of a prison within the county by a majority vote
9 taken within 60 days following receipt of notice from the
10 department. Any such county board or council may waive its right
11 to disapprove sites within the county by majority vote taken at
12 any time.
13 § 2318. Report to General Assembly.
14 The department shall, each month, report to the General
15 Assembly any deviation from the critical path schedule for the
16 facility authorized by this subchapter and shall, upon
17 completion of the facility, submit a final report setting forth
18 the advantages and disadvantages of lease/purchase acquisition
19 of capital facilities and making recommendations.
20 SUBCHAPTER C
21 ITEMIZATION OF PUBLIC IMPROVEMENT PROJECTS
22 Sec.
23 2321. Total authorizations.
24 2322. Itemization of public improvement projects.
25 2323. Special provisions.
26 2324. Debt authorization.
27 2325. Issue of bonds.
28 2326. Estimated useful life and term of debt.
29 2327. Use of funds previously appropriated.
30 2328. Federal funds.
20050S0506B1487 - 112 -
1 2329. Insurance proceeds.
2 2330. Current revenues.
3 § 2321. Total authorizations.
4 The total authorization for additional capital projects in
5 the category of public improvement projects itemized in section
6 2322 (relating to itemization of public improvement projects)
7 and to be acquired or constructed by the Department of General
8 Services, its successors or assigns shall be $235,098,000. This
9 authorization shall be allocated as follows:
10 (1) The sum of $219,372,000 to be financed by the
11 incurring of debt.
12 (2) The sum of $15,000,000 to be financed from insurance
13 proceeds.
14 (3) The sum of $726,000 to be financed from current
15 revenues appropriated by the act of July 1, 1989 (P.L.801,
16 No.3A), known as the General Appropriation Act of 1989.
17 § 2322. Itemization of public improvement projects.
18 Additional capital projects in the category of public
19 improvement projects to be acquired or constructed by the
20 Department of General Services, its successors or assigns and to
21 be financed by the incurring of debt, from current revenues or
22 from insurance proceeds, including the Insurance Fund, are
23 hereby itemized, together with their respective estimated
24 financial costs as follows:
25 Total
26 Project
27 Project Allocation
28 (1) Department of Corrections $235,098,000
29 (i) State Correctional Institution -
30 Clearfield County
20050S0506B1487 - 113 -
1 (A) Program development and design of a
2 prototypical 1,000-cell facility to be
3 used in construction of a facility in
4 Clearfield County and other State
5 prison projects 12,000,000
6 (B) Construction of a 1,000-cell facility
7 to be located in Clearfield County,
8 including land acquisition 73,000,000
9 (ii) State Correctional Institution - Camp
10 Hill, Cumberland County
11 (A) Purchase and installation of modular
12 units with a capacity of approximately
13 650 cells, including site preparation 31,213,000
14 (Base Project Allocation - $28,092,000)
15 (Design and Contingencies - $3,121,000)
16 (B) Construction, reconstruction,
17 renovation and restoration of fire
18 damage to buildings and structures and
19 renovation and upgrading of the
20 physical plant and security systems 47,400,000
21 (Base Project Allocation - $42,660,000)
22 (Design and Contingencies - $4,740,000)
23 (C) Expansion of diagnostic and
24 classification center 242,000
25 (Base Project Allocation - $242,000)
26 (iii) State Correctional Institution -
27 Cresson, Cambria County
28 (A) Purchase and installation of modular
29 units with a capacity of approximately
30 130 cells, including site preparation 3,044,000
20050S0506B1487 - 114 -
1 (Base Project Allocation - $2,739,000)
2 (Design and Contingencies - $305,000)
3 (B) Construction of a 52-cell modular unit
4 dormitory for drug and alcohol
5 therapeutic community 162,000
6 (Base Project Allocation - $162,000)
7 (iv) State Correctional Institution -
8 Frackville, Schuylkill County
9 (A) Purchase and installation of modular
10 units with a capacity of approximately
11 130 cells, including site preparation 3,044,000
12 (Base Project Allocation - $2,739,000)
13 (Design and Contingencies - $305,000)
14 (B) Connect institution sewage plant with
15 municipal sewage system 255,000
16 (Base Project Allocation - $255,000)
17 (v) State Correctional Institution - Mercer,
18 Mercer County
19 (A) Purchase and installation of modular
20 units with a capacity of approximately
21 130 cells, including site preparation 3,044,000
22 (Base Project Allocation - $2,739,000)
23 (Design and Contingencies - $305,000)
24 (B) Construction and installation of a
25 road and fence 220,000
26 (Base Project Allocation - $198,000)
27 (Design and Contingencies - $22,000)
28 (vi) State Correctional Institution - Muncy,
29 Lycoming County
30 (A) Purchase and installation of modular
20050S0506B1487 - 115 -
1 units with a capacity of approximately
2 130 cells, including site preparation 3,842,000
3 (Base Project Allocation - $3,493,000)
4 (Design and Contingencies - $349,000)
5 (B) Construction of additional housing for
6 female offenders 322,000
7 (Base Project Allocation - $322,000)
8 (C) Sewage plant expansion 738,000
9 (Base Project Allocation - $738,000)
10 (D) Kitchen/laundry expansion 576,000
11 (Base Project Allocation - $576,000)
12 (vii) State Correctional Institution -
13 Smithfield, Huntingdon County
14 (A) Purchase and installation of a potable
15 water storage tank, including site
16 preparation 870,000
17 (Base Project Allocation - $725,000)
18 (Design and Contingencies - $145,000)
19 (viii) State Correctional Institution -
20 Waynesburg, Greene County
21 (A) Purchase and installation of modular
22 units with a capacity of approximately
23 130 cells, including site preparation 3,732,000
24 (Base Project Allocation - $3,393,000)
25 (Design and Contingencies - $339,000)
26 (B) Sewage plant 505,000
27 (Base Project Allocation - $505,000)
28 (ix) State Correctional Institution -
29 Graterford, Montgomery County
30 (A) Purchase and installation of modular
20050S0506B1487 - 116 -
1 units with a capacity of approximately
2 130 cells, including site preparation 5,917,000
3 (Base Project Allocation - $5,325,000)
4 (Design and Contingencies - $592,000)
5 (B) New kitchen/dining room 7,155,000
6 (Base Project Allocation - $7,155,000)
7 (x) State Correctional Institution -
8 Huntingdon, Huntingdon County
9 (A) Purchase and installation of modular
10 units with a capacity of approximately
11 130 cells, including site preparation 5,917,000
12 (Base Project Allocation - $5,325,000)
13 (Design and Contingencies - $592,000)
14 (xi) State Correctional Institution - City of
15 Chester
16 (A) Additional funds for DGS 576-7;
17 construction of a new prison facility
18 to house and provide treatment for drug
19 offenders, including land acquisition 31,900,000
20 (Base Project Allocation - $28,710,000)
21 (Design and Contingencies - $3,190,000)
22 § 2323. Special provisions.
23 (a) Exemptions.--The projects itemized in section
24 2322(1)(ii)(A), (iii)(A), (iv)(A), (v)(A), (vi)(A), (viii)(A),
25 (ix)(A) and (x)(A) (relating to itemization of public
26 improvement projects) are exempt from the provisions of the
27 first paragraph of section 1 of the act of May 1, 1913 (P.L.155,
28 No.104), entitled "An act regulating the letting of certain
29 contracts for the erection, construction, and alteration of
30 public buildings."
20050S0506B1487 - 117 -
1 (b) Construction of act.--Nothing in this chapter <--
2 CONSTRUCTION.--NOTHING IN THIS SUBCHAPTER shall be construed <--
3 as changing the intended purpose of the State Regional
4 Correctional Facility at Mercer.
5 (c) Construction management services.--The Department of
6 General Services may, to facilitate project management, conflict
7 resolution and timely project completion, contract for
8 construction management services, including critical path
9 scheduling for projects authorized in this chapter.
10 (d) Incentive payments.--The Department of General Services
11 may develop a procedure providing for incentive payments to
12 contractors for early completion of their obligations under the
13 contracts let pursuant to this subchapter.
14 (e) Interdepartment communication.--The Department of
15 General Services and the Department of Corrections shall develop
16 a process to facilitate communication between the departments,
17 contractors and design professionals to avoid unnecessary delays
18 and to expedite the processing of project documents for projects
19 authorized in this chapter.
20 (f) Program development and design.--The Department of
21 General Services shall, through a request for proposals,
22 contract for professional services needed to prepare planning
23 and design documents which will be used to develop prototype
24 solicitations for proposals. Solicitations for proposals will be
25 developed for 1,000-cell maximum security prisons and 1,000-cell
26 medium security prisons.
27 § 2324. Debt authorization.
28 The Governor, Auditor General and State Treasurer are hereby
29 authorized and directed to borrow from time to time, in addition
30 to any authorization heretofore or hereafter enacted, on the
20050S0506B1487 - 118 -
1 credit of the Commonwealth, subject to the limitations provided
2 in the current capital budget, money not exceeding in the
3 aggregate the sum of $219,372,000 as may be necessary to carry
4 out the acquisition and construction of the public improvement
5 projects specifically itemized in a capital budget.
6 § 2325. Issue of bonds.
7 The indebtedness authorized in this subchapter shall be
8 incurred from time to time and shall be evidenced by one or more
9 series of general obligation bonds of the Commonwealth in such
10 aggregate principal amount for each series as the Governor,
11 Auditor General and State Treasurer shall determine, but the
12 latest stated maturity date shall not exceed the estimated
13 useful life of the projects being financed as stated in section
14 2326 (relating to estimated useful life and term of debt).
15 § 2326. Estimated useful life and term of debt.
16 (a) Estimated useful life.--The General Assembly states that
17 the estimated useful life of the public improvement projects
18 itemized in this subchapter is 30 years with the exception of
19 the public improvement projects itemized in section
20 2322(1)(ii)(A), (iii)(A), (iv)(A), (v)(A), (vi)(A), (viii)(A),
21 (ix)(A) and (x)(A) (relating to itemization of public
22 improvement grants) for which the estimated useful life is 15
23 years.
24 (b) Term of debt.--The maximum term of debt authorized to be
25 incurred under this chapter is 30 years.
26 § 2327. Use of funds previously appropriated.
27 The net proceeds of the sale of the obligations authorized in
28 this subchapter appropriated from the Capital Facilities Fund to
29 the Department of General Services in the maximum amount of
30 $219,372,000 under section 507 of the former act of July 1, 1990
20050S0506B1487 - 119 -
1 (P.L.315, No.71), known as the Prison Facilities Improvement
2 Act, may be used by it exclusively to defray the financial cost
3 of the public improvement projects specifically itemized in a
4 capital budget. After reserving or paying the expenses of the
5 sale of the obligation, the State Treasurer shall pay to the
6 Department of General Services the moneys as required and
7 certified by it to be legally due and payable.
8 § 2328. Federal funds.
9 In addition to those funds identified in section 2327
10 (relating to use of funds previously appropriated), all moneys
11 received from the Federal Government for the projects
12 specifically itemized in this subchapter and appropriated under
13 section 508 of the former act of July 1, 1990 (P.L.315, No.71),
14 known as the Prison Facilities Improvement Act, may be used for
15 those projects.
16 § 2329. Insurance proceeds.
17 In addition to those funds identified in section 2327
18 (relating to use of funds previously appropriated), all moneys
19 received from the Insurance Fund or from insurance carriers for
20 fire damage to be repaired, restored or reconstructed for
21 projects specifically itemized in this subchapter appropriated
22 under section 509 of the former act of July 1, 1990 (P.L.315,
23 No.71), known as the Prison Facilities Improvement Act, may be
24 used for those projects.
25 § 2330. Current revenues.
26 The funding for the public improvement projects authorized in
27 section 2322(1)(ii)(C), (iii) and (vi) (relating to itemization
28 of public improvement projects) was previously appropriated to
29 the Department of Corrections by the act of July 1, 1989
30 (P.L.801, No.3A), known as the General Appropriation Act of
20050S0506B1487 - 120 -
1 1989.
2 SUBCHAPTER D
3 INCURRING INDEBTEDNESS FOR COUNTY PRISONS
4 Sec.
5 2341. Definitions.
6 2342. Referendum to authorize incurring indebtedness.
7 2343. Authority to borrow.
8 2344. Bonds, issue, maturity, interest, etc.
9 2345. Sale of bonds.
10 2346. Refunding bonds.
11 2347. Registration of bonds.
12 2348. Disposition and use of proceeds.
13 2349. Local Criminal Justice Sinking Fund.
14 2350. Expenses of preparation, issue and sale of bonds.
15 2351. Temporary financing authorization.
16 2352. Quorum.
17 2353. Information to General Assembly.
18 2354. Grants to counties.
19 2355. Multicounty regional prison facilities.
20 2356. Appropriation.
21 § 2341. Definitions.
22 The following words and phrases when used in this subchapter
23 shall have the meanings given to them in this section unless the
24 context clearly indicates otherwise:
25 "Construction." The term includes the preparation of
26 drawings and specifications for facilities; erecting, building,
27 altering, remodeling, improving or extending such facilities;
28 and the inspection and supervision of the construction of such
29 facilities. The term does not include any interest in land.
30 "County." Any county of this Commonwealth.
20050S0506B1487 - 121 -
1 "Department." The Department of Corrections of the
2 Commonwealth.
3 "Facility." The term includes any building and related
4 facility, initial equipment, machinery and utilities necessary
5 or appropriate for the criminal justice purpose for which the
6 particular facility was constructed.
7 "Local correctional facility." Any jail, prison or detention
8 facility operated by a county or jointly by more than one county
9 and used for the confinement of persons for safe custody. The
10 term does not include any facility used for the detention or
11 confinement of juveniles.
12 § 2342. Referendum to authorize incurring indebtedness.
13 (a) Submission of question to electors.--The question of
14 incurring indebtedness of $200,000,000 for the repair,
15 expansion, construction, reconstruction or rehabilitation of
16 county prisons or multicounty regional prison facilities or the
17 purchase of electronic monitoring equipment for alternative
18 sentencing programs shall be submitted to the electors at the
19 next primary, municipal or general election following the
20 effective date of Chapter 7 of the former act of July 1, 1990
21 (P.L.315, No.71), known as the Prison Facilities Improvement
22 Act.
23 (b) Certification to county boards of elections.--The
24 Secretary of the Commonwealth shall immediately certify the
25 question under subsection (a) to the county boards of elections.
26 (c) Form of question.--The question shall be in
27 substantially the following form:
28 Do you favor the incurring of indebtedness by the
29 Commonwealth of $200,000,000 to repair, expand,
30 construct, reconstruct and rehabilitate county
20050S0506B1487 - 122 -
1 prisons or multicounty regional prison facilities or
2 fund capital needs to create or expand county
3 alternative sentencing or treatment programs?
4 (d) Conduct of election.--The election shall be conducted in
5 accordance with the act of June 3, 1937 (P.L.1333, No.320),
6 known as the Pennsylvania Election Code, except that the time
7 limits for advertisement of notice of the election may be waived
8 as to the question.
9 § 2343. Authority to borrow.
10 In the event that the question of incurring indebtedness, as
11 described in section 2342 (relating to referendum to authorize
12 incurring indebtedness), is approved by a majority of those
13 voting on the question in accordance with section 7(a)(3) of
14 Article VIII of the Constitution of Pennsylvania, the Governor,
15 Auditor General and State Treasurer are hereby authorized and
16 directed to borrow, on the credit of the Commonwealth, such sum
17 or sums of money not exceeding in the aggregate the sum of
18 $200,000,000, as may be necessary to carry out the purposes of
19 this subchapter.
20 § 2344. Bonds, issue, maturity, interest, etc.
21 (a) Issuance.--As evidence of the indebtedness authorized by
22 this subchapter, general obligation bonds of the Commonwealth
23 shall be issued from time to time for such total amounts, in
24 such forms, in such denominations and subject to such terms and
25 conditions of issue, redemption and maturity, rate or rates of
26 interest and time of payment of interest as the Governor,
27 Auditor General and State Treasurer shall direct, except that
28 the latest stated maturity date shall not exceed 30 years from
29 the date of the bond first issued for each such series.
30 (b) Signatures and seal.--All bonds issued under the
20050S0506B1487 - 123 -
1 authority of this subchapter shall bear facsimile signatures of
2 the Governor, the Auditor General and the State Treasurer, and a
3 facsimile of the Great Seal of the Commonwealth, and shall be
4 countersigned by two duly authorized officers of the duly
5 authorized loan and transfer agents of the Commonwealth.
6 (c) Full faith and credit.--All bonds issued in accordance
7 with the provisions of this subchapter shall be direct
8 obligations of the Commonwealth, and the full faith and credit
9 of the Commonwealth are hereby pledged for the payment of the
10 interest thereon as the same shall become due and for the
11 payment of the principal thereof at maturity. All bonds issued
12 under the provisions of this subchapter shall be exempt from
13 taxation for State and local purposes. The principal of and
14 interest on such bonds shall be payable in lawful money of the
15 United States of America.
16 (d) Form.--Bonds issued under this subchapter may be issued
17 as coupon bonds or registered as to both principal and interest
18 as the issuing officials may determine. If interest coupons are
19 attached, they shall contain the facsimile signature of the
20 State Treasurer.
21 (e) Amount.--The issuing officials shall provide for the
22 amortization of the bonds issued under this subchapter in
23 substantial and regular amounts over the term of the debt.
24 (f) Preparation.--The Governor, the Auditor General and the
25 State Treasurer shall proceed to have the necessary bonds
26 prepared and printed. The bonds, as soon as they are prepared
27 and printed, shall be deposited with the duly authorized loan
28 and transfer agent of the Commonwealth, there to remain until
29 sold in accordance with the provisions of this subchapter.
30 § 2345. Sale of bonds.
20050S0506B1487 - 124 -
1 (a) Offering for sale.--When bonds are issued under this
2 subchapter, they shall be offered for sale and shall be sold by
3 the Governor, the Auditor General and State Treasurer to the
4 highest and best bidder or bidders after due public
5 advertisement, on such terms and conditions and upon such open
6 competitive bidding as the Governor, the Auditor General and the
7 State Treasurer shall direct. The manner and character of
8 advertisement and the times of advertising shall be prescribed
9 by the Governor, the Auditor General and the State Treasurer.
10 (b) Private sale.--Any portion of any bond issue offered
11 under subsection (a) and not sold or subscribed for may be
12 disposed of by private sale by the Governor, the Auditor General
13 and the State Treasurer in such manner and at such prices as the
14 Governor shall direct.
15 (c) Series.--When bonds are issued from time to time, the
16 bonds of each issue shall constitute a separate series to be
17 designated by the issuing officials or may be combined for sale
18 as one series with other general obligation bonds of the
19 Commonwealth.
20 § 2346. Refunding bonds.
21 The Governor, the Auditor General and the State Treasurer are
22 authorized by this subchapter to provide, by resolution, for the
23 issuance of refunding bonds for the purpose of refunding any
24 bonds issued under the provisions of this subchapter and then
25 outstanding, either by voluntary exchange with the holders of
26 such outstanding bonds with accrued interest and any premium
27 payable thereon, at maturity or at any call date. The issuance
28 of refunding bonds, the maturities and other details thereof,
29 the rights of the holders thereof, and the duties of the
30 Governor, the Auditor General and the State Treasurer in respect
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1 to refunding bonds shall be governed by the provisions of this
2 subchapter, insofar as they may be applicable. Refunding bonds
3 may be issued by the Governor, the Auditor General and the State
4 Treasurer to refund bonds originally issued or to refund bonds
5 previously issued for refunding purposes.
6 § 2347. Registration of bonds.
7 The Auditor General shall prepare the necessary registry book
8 to be kept in the office of the duly authorized loan and
9 transfer agent of the Commonwealth for the registration of any
10 bonds, at the request of owners thereof, according to the terms
11 and conditions of issue directed by the Governor, the Auditor
12 General and the State Treasurer. All bonds which are issued
13 under this subchapter without interest coupons attached shall be
14 registered in the registry books kept by the duly authorized
15 loan and transfer agent of the Commonwealth.
16 § 2348. Disposition and use of proceeds.
17 (a) Creation of Local Criminal Justice Fund.--The Local
18 Criminal Justice Fund shall continue to exist in the State
19 Treasury. The proceeds realized from the sale of bonds under the
20 provisions of this subchapter shall be paid into this special
21 fund and are hereby specifically dedicated to the purpose of the
22 referendum authorized by section 2342 (relating to referendum to
23 authorize incurring indebtedness). The moneys shall be paid
24 periodically by the State Treasurer to the department at such
25 times and in such amounts as may be necessary to satisfy the
26 purpose of this subchapter.
27 (b) Investment and earnings.--Pending their application to
28 the purposes authorized, moneys held or deposited in the Local
29 Criminal Justice Fund by the State Treasurer may be invested or
30 reinvested as are other funds in the custody of the State
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1 Treasurer in the manner provided by law. All earnings received
2 from the investment or deposit of such funds shall be paid into
3 the State Treasury to the credit of the Local Criminal Justice
4 Fund.
5 § 2349. Local Criminal Justice Sinking Fund.
6 All bonds issued under the authority of this subchapter or
7 Chapter 7 of the former act of July 1, 1990 (P.L.315, No.71),
8 known as the Prison Facilities Improvement Act, shall be
9 redeemed at maturity, and all interest due from time to time on
10 such bonds shall be paid from the Local Criminal Justice Sinking
11 Fund, which shall continue to exist in the State Treasury. For
12 the specific purpose of redeeming these bonds at maturity and
13 paying all interest thereon in accordance with the information
14 received from the Governor, the General Assembly shall
15 appropriate moneys for the payment of interest on these bonds
16 and the principal thereof at maturity. All moneys paid into the
17 Local Criminal Justice Sinking Fund and all of such moneys not
18 necessary to pay accruing interest shall be invested by the
19 Board of Finance and Revenue in such securities as are provided
20 by law for the investment of the sinking funds of the
21 Commonwealth.
22 § 2350. Expenses of preparation, issue and sale of bonds.
23 There is hereby appropriated to the State Treasurer, from the
24 proceeds of the bonds issued, as much of the moneys as may be
25 necessary for all costs and expenses in connection with the
26 issue of and sale and registration of bonds in connection with
27 this subchapter.
28 § 2351. Temporary financing authorization.
29 (a) Temporary borrowing.--Pending the issuance of bonds of
30 the Commonwealth, the Governor, the Auditor General and the
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1 State Treasurer are authorized, on the credit of the
2 Commonwealth, to make temporary borrowings of such moneys as may
3 from time to time be necessary to carry out the purposes of this
4 subchapter and are authorized in the name and on behalf of the
5 Commonwealth to enter into loan or credit agreements with any
6 banks or trust companies or other lending institutions or
7 persons in the United States having power to enter into the
8 same.
9 (b) Form.--All temporary borrowings made under the authority
10 of this section shall be evidenced by notes of the Commonwealth,
11 which shall be issued from time to time for such amounts, not
12 exceeding in the aggregate the sum of $200,000,000, in such form
13 and in such denominations, and subject to such terms and
14 conditions of issue, prepayment or redemption and maturity, rate
15 of interest and time of payment of interest as the issuing
16 officials shall direct. All notes issued under the authority of
17 this section shall bear the facsimile signatures of the issuing
18 officials and a facsimile of the Great Seal of the Commonwealth
19 and shall be countersigned by two duly authorized officers of a
20 duly authorized loan and transfer agent of the Commonwealth.
21 (c) Funding and retirement.--All notes under this section
22 shall be funded and retired by the issuance and sale of bonds of
23 the Commonwealth to the extent that payment of these notes has
24 not otherwise been made or provided for.
25 (d) Proceeds.--The proceeds of all temporary borrowings
26 under this section shall be paid into the Local Criminal Justice
27 Fund.
28 § 2352. Quorum.
29 Whenever in this subchapter any action is to be taken or any
30 decision is to be made by the Governor, the Auditor General and
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1 the State Treasurer, and the three officers are not able to
2 agree unanimously, the action or decision of the Governor and
3 either the Auditor General or the State Treasurer shall be
4 binding and final.
5 § 2353. Information to General Assembly.
6 It shall be the duty of the Governor to include in every
7 budget submitted to the General Assembly full information
8 relating to the issuance of bonds under the provisions of this
9 subchapter and the status of the sinking funds of the
10 Commonwealth for the payment of the interest on those bonds and
11 the principal thereof at maturity.
12 § 2354. Grants to counties.
13 The department shall, by regulation, establish procedures to
14 implement the purposes of this subchapter and to make grants to
15 counties for the repair, expansion, construction,
16 reconstruction, rehabilitation and improvement of local
17 correctional facilities or multicounty regional prison
18 facilities or the purchase of electronic monitoring equipment
19 for alternative sentencing programs. These procedures shall
20 include, at a minimum, the following:
21 (1) Applications shall be made to the department by the
22 county or counties requesting the grant.
23 (2) Any grant approved by the department must be matched
24 by funding in a like amount by the county from county funds,
25 except that, if any Federal funding should become available
26 for the construction of local correctional facilities, then
27 both the department and county shares shall be reduced in
28 like proportion.
29 (3) Grants shall be available only for the repair,
30 expansion, construction, reconstruction, rehabilitation and
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1 improvement of local correctional facilities or multicounty
2 regional prison facilities or the purchase of electronic
3 monitoring equipment for alternative sentencing programs.
4 (4) Priority in the grant process shall be given to
5 those counties which have expanded their prison facilities
6 within five years of the date of the application and which
7 are presently at or exceeding 115% of rated capacity. Under
8 no circumstances shall any such grant exceed $1,000,000.
9 § 2355. Multicounty regional prison facilities.
10 (a) Authorization to counties.--Any county or counties or
11 any county authority created pursuant to the former act of May
12 2, 1945 (P.L.382, No.164), known as the Municipality Authorities
13 Act of 1945, or 53 Pa.C.S. Ch. 56 (relating to municipal
14 authorities) are authorized to acquire, hold, construct,
15 finance, improve, maintain, operate, own or lease, either in the
16 capacity of lessor or lessee, any county or multicounty regional
17 prison facility for the purpose of incarcerating their own
18 inmates and inmates of other counties. A county or multicounty
19 regional prison facility may also house Commonwealth inmates.
20 (b) Prison services contracts.--The Commonwealth and any
21 county may enter into contracts with any county or multicounty
22 regional prison facility authorized under subsection (a) for the
23 incarceration of State or county inmates and all services
24 necessary, appropriate or incident to the housing and care of
25 such inmates.
26 § 2356. Appropriation.
27 (a) Appropriations to fund.--The General Assembly may make
28 appropriations from time to time to the Local Criminal Justice
29 Fund or to the department to carry out the purposes of this
30 chapter, which appropriations shall be continuing appropriations
20050S0506B1487 - 130 -
1 and shall not lapse.
2 (b) Other sources of funds.--In addition to the moneys
3 appropriated from time to time by the General Assembly for its
4 work, the department is authorized to make application for and
5 expend such Federal grants as may be available and may also
6 receive and expend contributions from other public, quasi-public
7 or private sources as may become available.
8 SUBCHAPTER E
9 CONSTRUCTION OF NEW PRISON
10 Sec.
11 2361. Total authorization.
12 2362. Itemization of public improvement project.
13 2363. Debt authorization.
14 2364. Issue of bonds.
15 2365. Estimated useful life and term of debt.
16 2366. Appropriation.
17 2367. Federal funds.
18 § 2361. Total authorization.
19 The total authorization for the additional capital project in
20 the category of public improvement projects itemized in section
21 2362 (relating to itemization of public improvement project) and
22 to be acquired or constructed by the Department of General
23 Services, its successors or assigns, and to be financed by the
24 incurring of debt, shall be $5,500,000.
25 § 2362. Itemization of public improvement project.
26 An additional capital project in the category of public
27 improvement projects to be acquired or constructed by the
28 Department of General Services, its successors or assigns, and
29 to be financed by the incurring of debt, is hereby itemized,
30 together with its respective estimated financial cost, as
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1 follows:
2 Total
3 Project
4 Project Allocation
5 (1) Drug and Alcohol Treatment Facility - Forest
6 County
7 (i) Design and construction of a facility
8 under the control of the Pennsylvania Board
9 of Probation and Parole for drug and
10 alcohol treatment 5,500,000
11 (Base Project Allocation - $4,500,000)
12 (Design and Contingencies - $1,000,000)
13 § 2363. Debt authorization.
14 The Governor, the Auditor General and the State Treasurer are
15 hereby authorized and directed to borrow from time to time, in
16 addition to any authorization heretofore or hereafter enacted,
17 on the credit of the Commonwealth, subject to the limitations
18 provided in the current capital budget, money not exceeding in
19 the aggregate the sum of $5,500,000 as may be necessary to carry
20 out the acquisition and construction of the public improvement
21 projects specifically itemized in a capital budget.
22 § 2364. Issue of bonds.
23 The indebtedness authorized in this subchapter shall be
24 incurred from time to time and shall be evidenced by one or more
25 series of general obligation bonds of the Commonwealth in such
26 aggregate principal amount for each series as the Governor, the
27 Auditor General and the State Treasurer shall determine, but the
28 latest stated maturity date shall not exceed the estimated
29 useful life of the project being financed as stated in section
30 2365 (relating to estimated useful life and term of debt).
20050S0506B1487 - 132 -
1 § 2365. Estimated useful life and term of debt.
2 (a) Estimated useful life.--The General Assembly states that
3 the estimated useful life of the public improvement projects
4 itemized in this chapter is 30 years.
5 (b) Term of debt.--The maximum term of the debt authorized
6 to be incurred under this subchapter is 30 years.
7 § 2366. Appropriation.
8 The net proceeds of the sale of the obligations authorized in
9 this subchapter are hereby appropriated from the Capital
10 Facilities Fund to the Department of General Services in the
11 maximum amount of $5,500,000 to be used by it exclusively to
12 defray the financial cost of the public improvement projects
13 specifically itemized in a capital budget. After reserving or
14 paying the expenses of the sale of the obligation, the State
15 Treasurer shall pay to the Department of General Services the
16 moneys as required and certified by it to be legally due and
17 payable.
18 § 2367. Federal funds.
19 In addition to those funds appropriated in section 2366
20 (relating to appropriation), all moneys received from the
21 Federal Government for the project specifically itemized in this
22 subchapter are also hereby appropriated for those projects.
23 SUBCHAPTER F
24 MULTICOUNTY REGIONAL PRISON FACILITIES
25 Sec.
26 2371. Authorization.
27 2372. Prison services contracts.
28 § 2371. Authorization.
29 A county or county authority created pursuant to the former
30 act of May 2, 1945 (P.L.382, No.164), known as the Municipality
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1 Authorities Act of 1945, or 53 Pa.C.S. Ch. 56 (relating to
2 municipal authorities) is authorized to acquire, hold,
3 construct, finance, improve, maintain, operate, own or lease,
4 either in the capacity of lessor or lessee, any county or
5 multicounty regional prison facility for the purpose of
6 incarcerating the county's own inmates and inmates of other
7 counties. A county or multicounty regional prison facility may
8 also house Commonwealth inmates.
9 § 2372. Prison services contracts.
10 Notwithstanding the provisions of 53 Pa.C.S. Ch. 23 Subch. A
11 (relating to intergovernmental cooperation), the Commonwealth
12 and any county may enter into contracts with any county or with
13 any county authority created pursuant to the former act of May
14 2, 1945 (P.L.382, No.164), known as the Municipality Authorities
15 Act of 1945, or 53 Pa.C.S. Ch. 56 (relating to municipal
16 authorization) for the incarceration of State or county inmates
17 and all services necessary, appropriate or incident to the
18 housing and care of such inmates.
19 SUBCHAPTER G
20 MISCELLANEOUS PROVISIONS
21 Sec.
22 2381. Military installation limitation.
23 § 2381. Military installation limitation.
24 For the projects itemized in this chapter, civilian
25 prisoners, either pending trial or appeal or after sentencing,
26 shall not be incarcerated at any military reservation, base or
27 facility, whether owned by the Federal or State Government, on a
28 temporary or permanent basis.
29 PART III
30 INMATE CONFINEMENT
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1 Chapter
2 31. Inmate Labor. <--
3 33. Medical Services.
4 35. Visitation.
5 37. Motivational Boot Camp.
6 39. Execution Procedure and Method.
7 59. Miscellaneous Provisions.
8 31. INMATE LABOR <--
9 33. MEDICAL SERVICES
10 35. VISITATION
11 37. INMATE PRERELEASE PLANS
12 39. MOTIVATIONAL BOOT CAMP
13 41. STATE INTERMEDIATE PUNISHMENT
14 43. EXECUTION PROCEDURE AND METHOD
15 59. MISCELLANEOUS PROVISIONS
16 CHAPTER 31
17 INMATE LABOR
18 Sec.
19 3101. Inmates to be employed.
20 3102. (Reserved).
21 3103. Disposition of proceeds of labor.
22 3104. Agricultural labor at county correctional institutions.
23 3105. Inmate labor in county correctional institutions.
24 3106. Inmate labor in counties of the first class.
25 3107. Inmate-made goods to be branded.
26 3108. Sale of inmate-made goods.
27 § 3101. Inmates to be employed.
28 The chief administrators may employ the inmates under their
29 control for and on behalf of the Commonwealth and the inmates
30 for and in behalf of their respective counties.
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1 § 3102. (Reserved).
2 § 3103. Disposition of proceeds of labor.
3 All moneys received under the provisions of this chapter for
4 labor done within county correctional institutions or the
5 products of such labor sold shall be credited on account of the
6 receipts and expenditures paid to and for the maintenance of the
7 respective correctional institutions.
8 § 3104. Agricultural labor at county correctional institutions.
9 (a) General rule.--The chief administrator of a county
10 correctional institution shall permit the employment of such
11 inmates serving sentences therein, as they shall deem advisable,
12 at agricultural labor on any county farm of the county under the
13 direction of any person appointed by the chief administrator,
14 and all inmates so employed shall at all times be amenable to
15 restraint, discipline and punishment in the same manner as if
16 they were confined in the county correctional institution.
17 (b) Liability.--No person appointed by a chief administrator
18 of a county correctional institution or his sureties shall be
19 held liable on any bond conditioned for the safekeeping of
20 persons given into that person's care, in case any inmate so
21 employed shall escape, if due care and diligence has been
22 exercised in the discharge of the duties imposed on that person.
23 § 3105. Inmate labor in county correctional institutions.
24 (a) General rule.--An inmate of a county correctional
25 institution who is physically capable may be employed at labor
26 for not to exceed MORE THAN eight hours each day, other than <--
27 Sundays and public holidays. The employment may be in such
28 character of work and the production of such goods as may now be
29 manufactured and produced in county correctional institutions
30 and may also be for:
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1 (1) the purpose of the manufacture and production of
2 supplies for the county correctional institutions;
3 (2) the preparation and manufacture of building material
4 for the construction or repair of the county correctional
5 institution;
6 (3) the manufacture and production of crushed stone,
7 brick, tile and culvert pipe or other material suitable for
8 draining roads; or
9 (4) the preparation of road building and ballasting
10 material.
11 (b) Authority to county commissioners.--The county
12 commissioners or chief administrator of the county correctional
13 institution shall:
14 (1) determine the amount, kind and character of the
15 machinery to be erected and the industries to be carried on
16 in the county correctional institution;
17 (2) arrange for the purchase and installation of such
18 machinery at the expense of the county; and
19 (3) provide for the sale of articles and material
20 produced.
21 (c) Funding.--The county commissioners shall make available
22 the necessary funds to carry out the provisions of this section.
23 (d) Inmate accounts.--
24 (1) The authorities in charge of a county correctional
25 institution shall fix the wages of each inmate to be employed
26 and shall keep an account of all such wages and the amount
27 due each inmate.
28 (2) Three-fourths of the amount credited to each inmate,
29 or the entire amount if the inmate so elects, shall
30 constitute a fund for the relief of any person or persons
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1 dependent upon the inmate and shall be paid to such persons,
2 establishing dependency to the satisfaction of the
3 authorities, at such times as they may prescribe.
4 (3) In case an inmate has no person dependent upon him,
5 the inmate's wages shall be deposited for his benefit and
6 shall be paid to him as follows:
7 (i) one-third at the time of his discharge;
8 (ii) one-third, three months thereafter; and
9 (iii) one-third, six months thereafter.
10 (e) Special administrative fund.--
11 (1) The authorities in charge of a county correctional
12 institution may establish a fund for the purpose of carrying
13 out this section and may provide for the purchase of
14 machinery and materials and payment of wages from such fund.
15 (2) All revenues received from the sale of articles
16 produced shall be paid into the fund.
17 (f) Nonapplicability.--This section shall not apply to a
18 county of the first class.
19 § 3106. Inmate labor in counties of the first class.
20 (a) General rule.--The board of inspectors of a county
21 correctional institution of a county of the first class may
22 establish, from time to time, a scale of wages that shall not be
23 less than ten cents per day, and may pay and the inmates may
24 receive compensation for their work according to such scale.
25 (b) Inmate account.--
26 (1) Except as otherwise provided in paragraph (2), the
27 earnings of each inmate shall be credited to his account and
28 disbursements made on approval of the chief administrator of
29 the institution and the written order of the inmate.
30 (2) When an inmate is committed for nonsupport, the
20050S0506B1487 - 138 -
1 court which sentenced the inmate shall order payment of his
2 earnings and, in the case of other inmates, the court which <--
3 sentenced the inmate may order payments from his earnings to
4 be paid to his dependents.
5 (3) At time of release or discharge, the inmate shall
6 receive all moneys remaining in his account and give receipt
7 for the same.
8 § 3107. Inmate-made goods to be branded.
9 (a) General rule.--All goods, wares, merchandise or other
10 article or thing made by inmate labor in any correctional
11 institution or other establishment in which inmate labor is
12 employed, whether for the direct benefit and maintenance of the
13 correctional institution or other establishment or upon contract
14 by the authorities of the same with any third person,
15 immediately upon the completion of the same, shall be branded as
16 provided in this section and may not be taken into or exposed in
17 any place for sale at wholesale or retail without that brand.
18 (b) Style and place of brand.--
19 (1) The brand required by this section shall be in plain
20 English lettering and shall contain at the head or top of the
21 brand the words "inmate made," followed by the year and name
22 of the correctional institution or other establishment in
23 which made.
24 (2) The brand shall in all cases, when the nature of the
25 article will permit, be placed on the article and only where
26 the branding is impossible may it be placed on the box or
27 other receptacle or covering in which it is contained.
28 (3) The brand shall be affixed to the article by
29 casting, burning, pressing or other such process or means so
30 that the article may not be defaced and in all cases shall be
20050S0506B1487 - 139 -
1 upon the most conspicuous place upon the article or the box,
2 receptacle or covering containing the article.
3 (c) Applicability.--This section shall not apply to goods,
4 wares and merchandise shipped to points outside of this
5 Commonwealth.
6 § 3108. Sale of inmate-made goods.
7 The department may contract to sell or sell the articles
8 manufactured or produced in any correctional institution which
9 cannot be used therein, to the Commonwealth or to any political
10 subdivision thereof, or to any State, municipality, or county
11 authority, created by or under any law of this Commonwealth, or
12 to any State correctional institution, or to any educational or
13 charitable institution receiving aid from the Commonwealth, or
14 to the Federal Government or any department, bureau, commission,
15 authority or agency thereof, or to any other state or political
16 subdivision or authority thereof, or to any institution
17 receiving aid from the Federal Government or of any other state.
18 CHAPTER 33
19 MEDICAL SERVICES
20 Sec.
21 3301. Short title of chapter.
22 3302. Definitions.
23 3303. Medical Services Program.
24 3304. Powers and duties of department.
25 3305. Costs outstanding upon release.
26 3306. Report to General Assembly.
27 3307. Applicability.
28 § 3301. Short title of chapter.
29 This chapter shall be known and may be cited as the
30 Correctional Institution Medical Services Act.
20050S0506B1487 - 140 -
1 § 3302. Definitions.
2 The following words and phrases when used in this chapter
3 shall have the meanings given to them in this section unless the
4 context clearly indicates otherwise:
5 "Program." The Prison Medical Services Program established <--
6 for inmates under section 3303 (relating to Medical Services
7 Program).
8 § 3303. Medical Services Program.
9 (a) Establishment.--The Medical Services Program is
10 established in the department which shall include, but not be
11 limited to, the provisions of this chapter. The program shall be
12 a copay program requiring inmates to pay a fee to cover a
13 portion of the actual costs of the medical services provided.
14 (b) Fees.--
15 (1) The department shall develop by regulation a program
16 for inmates which includes fees for certain medical services.
17 The regulations shall provide for consistent medical services
18 guidelines by specifying the medical services which are
19 subject to fees, the fee amounts, payment procedures, medical
20 services which are not subject to fees and fees applicable to
21 medical emergencies, chronic care and preexisting conditions.
22 (2) In addition to other medical services provided to
23 the inmate, an inmate may be required to pay a fee for
24 medical services provided because of injuries the inmate
25 inflicted upon himself or another inmate.
26 (c) Explanation of program.--Each inmate shall be advised of
27 the medical services fees and payment procedures at the time of
28 intake. An explanation of the program regulations shall be
29 included in the inmate handbook.
30 (d) Written notice of changes.--Each inmate shall receive
20050S0506B1487 - 141 -
1 written notice of any changes in medical services fees and
2 payment procedures and an initial written notice of the
3 program's implementation.
4 (e) Payment for medical services.--
5 (1) No inmate shall be denied access to medical services
6 because of an inability to pay the required fees.
7 (2) The department shall devise and implement a program
8 whereby inmates of State correctional institutions who have
9 medical insurance shall pay for their own medical needs
10 through that insurance. This program shall be contained in
11 regulations promulgated by the department.
12 (f) Fee debits.--An inmate shall acknowledge in writing any
13 debit made to his inmate account for a medical services fee.
14 (g) Deposits.--Medical services fees collected under this
15 chapter shall be deposited in the General Fund.
16 § 3304. Powers and duties of department.
17 The department shall implement the program by:
18 (1) Issuing regulations as required under section 3303
19 (relating to Medical Services Program).
20 (2) Providing department staff and medical services
21 providers with training relating to the program.
22 (3) Developing administrative forms for the
23 implementation of the program.
24 (4) Providing for administrative and accounting
25 procedures for the program and an annual audit of the
26 program.
27 (5) Providing written notice to all current inmates
28 regarding implementation of the program.
29 § 3305. Costs outstanding upon release.
30 (a) Right to seek recovery of costs.--The department may
20050S0506B1487 - 142 -
1 seek to recover any amount owed for medical services fees by an
2 inmate upon release from prison through a civil action brought
3 within one year of the inmate's release. The department shall
4 have the burden to prove the amount owed.
5 (b) Defense.--An inmate's inability to pay as determined by
6 the court shall be a defense to the payment of part or all of
7 the fees.
8 § 3306. Report to General Assembly.
9 The department shall submit to the chairmen and minority
10 chairmen of the Appropriations Committee and the Judiciary
11 Committee of the Senate and the chairmen and minority chairmen
12 of the Appropriations Committee and the Judiciary Committee of
13 the House of Representatives an annual report on the program.
14 The report shall provide information on the fees charged and the
15 fees collected under the program and shall include a summary of
16 the annual audit of the program as required under section 3304
17 (relating to powers and duties of department). The report may
18 recommend legislative changes for the program and propose model
19 legislation for counties which may wish to develop similar
20 programs.
21 § 3307. Applicability.
22 The department shall collect fees for medical services
23 provided to an inmate after the effective date of the program
24 regulations as published in the Pennsylvania Bulletin.
25 CHAPTER 35
26 VISITATION
27 Subchapter
28 A. General Provisions <--
29 B. Official Visitation
30 A. GENERAL PROVISIONS <--
20050S0506B1487 - 143 -
1 B. OFFICIAL VISITATION
2 SUBCHAPTER A
3 GENERAL PROVISIONS
4 Sec.
5 3501. Gubernatorial visitor for philanthropic purposes.
6 3502. Official visitors.
7 3503. Rights of official visitors.
8 § 3501. Gubernatorial visitor for philanthropic purposes.
9 The Governor may appoint a person to visit, for philanthropic
10 purposes, correctional institutions. No expense shall be
11 incurred to the Commonwealth for the implementation of this
12 section.
13 § 3502. Official visitors.
14 (a) General rule.--Subject to the provisions of subsection
15 (b), the active or visiting committee of any society
16 incorporated for the purpose of visiting and instructing inmates
17 are hereby made official visitors of any correctional
18 institution, with the same powers, privileges and functions as
19 are vested in the official visitors of correctional institutions
20 as now prescribed by law.
21 (b) Notice required.--No active or visiting committee as
22 identified in subsection (a) may visit a correctional
23 institution under this section unless notice of the names of the
24 members of the committee and the terms of their appointment are
25 given by the society, in writing, under its corporate seal, to
26 the chief administrator of the correctional institution.
27 § 3503. Rights of official visitors.
28 (a) Visiting hours.--A person designated by law to be an
29 official visitor of a correctional institution may enter and
30 visit any correctional institution on any and every day,
20050S0506B1487 - 144 -
1 including Sundays, between the hours of 9 a.m. and 5 p.m. and at
2 such other times with the special permission of the chief
3 administrator.
4 (b) Confirmation of role.--All powers, functions and
5 privileges granted to official visitors of correctional
6 institutions under prior law are hereby confirmed. No official
7 visitor shall have the right or power to give or deliver to an
8 inmate during such visit any chattel or object whatsoever,
9 except objects and articles of religious or moral instruction or
10 use.
11 (c) Effect of violation.--
12 (1) If an official visitor violates any provision of
13 this section, a chief administrator may apply to the court of
14 common pleas in the county wherein the correctional
15 institution is situated, for a rule upon the official visitor
16 to show cause why he should not be deprived of his office.
17 (2) Upon proof to the satisfaction of the court, the
18 court shall enter a decree against the official visitor
19 depriving him of all rights, privileges and functions of an
20 official visitor.
21 SUBCHAPTER B
22 OFFICIAL VISITATION
23 Sec.
24 3511. Short title of subchapter.
25 3512. Definitions.
26 3513. Visitation.
27 3514. Employees of official visitor.
28 § 3511. Short title of subchapter.
29 This subchapter shall be known and may be cited as the
30 Official Visitation of Inmates CORRECTIONAL INSTITUTIONS Act. <--
20050S0506B1487 - 145 -
1 § 3512. Definitions.
2 The following words and phrases when used in this subchapter
3 shall have the meanings given to them in this section unless the
4 context clearly indicates otherwise:
5 "Official visitor." The Governor, Lieutenant Governor,
6 President pro tempore and members of the Senate, Speaker and
7 members of the House of Representatives, justices and judges of
8 the courts of record, General Counsel, Attorney General and his
9 deputies and authorized members of the Pennsylvania Prison
10 Society who have been designated as official visitors, whose
11 names shall be given to a chief administrator, in writing,
12 together with the terms of their appointment under its corporate
13 seal.
14 § 3513. Visitation.
15 (a) Time.--An official visitor may enter and visit any
16 correctional institution on any and every day, including
17 Sundays, between the hours of 9 a.m. and 5 p.m. Visits at any
18 other time shall be made only with the special permission of the
19 chief administrator.
20 (b) Denial of entry.--
21 (1) If a chief administrator of a State correctional
22 institution is of the opinion that the visit would be
23 dangerous to the discipline or welfare of the correctional
24 institution or the safety of the visitor, the chief
25 administrator may temporarily deny entry to any official
26 visitor if the secretary has previously declared that an
27 emergency situation exists within the correctional
28 institution.
29 (2) If a temporary exclusion under paragraph (1) exceeds
30 72 hours, the official visitor may apply to the Commonwealth
20050S0506B1487 - 146 -
1 Court for a ruling upon the secretary to show cause why the
2 official visitor should not be permitted entry into the State
3 correctional institution.
4 (c) Temporary denial of visitation for county correctional
5 institutions.--
6 (1) If the chief administrator of a county correctional
7 institution has previously determined that an emergency
8 exists at the county correctional institution, the chief
9 administrator may, with the approval of the president judge
10 of the court of common pleas of the county where the county
11 correctional institution is located, temporarily deny entry
12 to an official visitor.
13 (2) If a temporary exclusion under paragraph (1) exceeds
14 72 hours, the official visitor may apply to the Commonwealth
15 Court for a ruling upon the president judge to show cause why
16 the official visitor should not be permitted entry into the
17 county correctional institution.
18 (d) Interviews.--
19 (1) An official visitor may interview privately any
20 inmate confined in any correctional institution and for that
21 purpose may enter the cell, room or apartment wherein any
22 inmates are confined.
23 (2) If the chief administrator at the time of the visit
24 is of the opinion that entry into a cell would be dangerous
25 to the discipline of the correctional institution, then the
26 chief administrator may conduct any inmates with whom the
27 official visitor may desire a private interview into another
28 cell or room as the chief administrator may designate and
29 there permit the private interview between the official
30 visitor and the inmate to take place.
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1 (e) Official visitors and employees not exempt from
2 prosecution.--Official visitors and their employees shall not be
3 exempt from prosecution for any criminal offense, including, but
4 not limited to, a violation of 18 Pa.C.S. §§ 5121 (relating to
5 escape), 5122 (relating to weapons or implements for escape) and
6 5123 (relating to contraband).
7 (f) Decree of court.--
8 (1) If an official visitor violates any provision of
9 this section, any chief administrator of a correctional
10 institution may apply to the appropriate court for a ruling
11 upon the official visitor to show cause why the official
12 visitor should not be deprived of his official visitation
13 status.
14 (2) Upon proof to the satisfaction of the court, the
15 court shall enter a decree against the official visitor
16 depriving him of all rights, privileges and functions of an
17 official visitor.
18 § 3514. Employees of official visitor.
19 One employee of an official visitor may accompany the
20 official visitor when visiting any correctional institution and
21 may be present during an interview conducted by the official
22 visitor.
23 CHAPTER 37 <--
24 MOTIVATIONAL BOOT CAMP
25 Sec.
26 3701. Short title of chapter.
27 3702. Declaration of policy.
28 3703. Definitions.
29 3704. Selection of inmate participants.
30 3705. Motivational boot camp program.
20050S0506B1487 - 148 -
1 3706. Procedure for selection of participant in motivational
2 boot camp program.
3 3707. Completion of motivational boot camp program.
4 3708. Appeals.
5 § 3701. Short title of chapter.
6 This chapter shall be known and may be cited as the
7 Motivational Boot Camp Act.
8 CHAPTER 37 <--
9 INMATE PRERELEASE PLANS
10 SEC.
11 3701. ESTABLISHMENT OF PRERELEASE CENTERS.
12 3702. RELEASE PLAN FOR INMATES.
13 3703. RULES AND REGULATIONS.
14 3704. SALARIES AND WAGES OF INMATES.
15 § 3701. ESTABLISHMENT OF PRERELEASE CENTERS.
16 THE DEPARTMENT SHALL ESTABLISH, WITH THE APPROVAL OF THE
17 GOVERNOR, PRISONER PRERELEASE CENTERS AT SUCH LOCATIONS
18 THROUGHOUT THIS COMMONWEALTH AS IT DEEMS NECESSARY TO CARRY OUT
19 EFFECTIVE PRISONER PRERELEASE PROGRAMS.
20 § 3702. RELEASE PLAN FOR INMATES.
21 (A) TRANSFER AUTHORIZATION.--
22 (1) THE SECRETARY MAY TRANSFER AN INMATE INCARCERATED IN
23 ANY PRERELEASE CENTER OR IN ANY PRERELEASE CENTER LOCATED IN
24 ANY STATE CORRECTIONAL INSTITUTION WHO HAS NOT BEEN SENTENCED
25 TO DEATH OR LIFE IMPRISONMENT TO ANY PRERELEASE CENTER.
26 (2) THE TRANSFER OF THE INMATE TO THE PRERELEASE CENTER
27 SHALL NOT OCCUR WHERE THE TRANSFER IS NOT APPROPRIATE DUE TO
28 A CERTIFIED TERMINAL ILLNESS.
29 (B) TEMPORARY RELEASE.--AN INMATE TRANSFERRED TO AND
30 CONFINED IN A PRERELEASE CENTER MAY BE RELEASED TEMPORARILY WITH
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1 OR WITHOUT DIRECT SUPERVISION AT THE DISCRETION OF THE
2 DEPARTMENT, IN ACCORDANCE WITH RULES AND REGULATIONS AS PROVIDED
3 IN SECTION 3703 (RELATING TO RULES AND REGULATIONS), FOR THE
4 PURPOSES OF GAINFUL EMPLOYMENT, VOCATIONAL OR TECHNICAL
5 TRAINING, ACADEMIC EDUCATION AND SUCH OTHER LAWFUL PURPOSES AS
6 THE DEPARTMENT SHALL CONSIDER NECESSARY AND APPROPRIATE FOR THE
7 FURTHERANCE OF THE INMATE'S INDIVIDUAL PRERELEASE PROGRAM
8 SUBJECT TO COMPLIANCE WITH SUBSECTION (C).
9 (C) CONDITIONS FOR RELEASE OF CERTAIN INMATES.--
10 (1) AN INMATE WHO HAS NOT SERVED HIS MINIMUM SENTENCE
11 MAY NOT BE TRANSFERRED TO A PRERELEASE CENTER UNLESS:
12 (I) MORE THAN 20 DAYS HAVE ELAPSED AFTER WRITTEN
13 NOTICE OF THE PROPOSED TRANSFER, DESCRIBING THE INMATE'S
14 INDIVIDUAL PRERELEASE PROGRAM, HAS BEEN RECEIVED BY THE
15 SENTENCING JUDGE OR, IN THE EVENT THE SENTENCING JUDGE IS
16 UNAVAILABLE, THE SENTENCING COURT AND THE PROSECUTING
17 DISTRICT ATTORNEY'S OFFICE AND NO WRITTEN OBJECTION BY
18 THE JUDGE CONTAINING THE REASON THEREFOR HAS BEEN
19 RECEIVED BY THE DEPARTMENT;
20 (II) THE JUDGE WITHDRAWS HIS OBJECTION AFTER
21 CONSULTATION WITH REPRESENTATIVES OF THE DEPARTMENT; OR
22 (III) APPROVAL OF THE PROPOSED TRANSFER IS GIVEN BY
23 THE BOARD OF PARDONS.
24 (2) IN THE EVENT OF A TIMELY OBJECTION BY THE JUDGE,
25 REPRESENTATIVES OF THE DEPARTMENT SHALL MEET WITH THE JUDGE
26 AND ATTEMPT TO RESOLVE THE DISAGREEMENT.
27 (3) IF, WITHIN 20 DAYS OF THE DEPARTMENT'S RECEIPT OF
28 THE OBJECTION:
29 (I) THE JUDGE DOES NOT WITHDRAW HIS OBJECTION;
30 (II) THE DEPARTMENT DOES NOT WITHDRAW ITS PROPOSAL
20050S0506B1487 - 150 -
1 FOR TRANSFER; OR
2 (III) THE JUDGE AND THE DEPARTMENT DO NOT AGREE ON
3 AN ALTERNATE PROPOSAL FOR TRANSFER, THE MATTER SHALL BE
4 LISTED FOR HEARING AT THE NEXT SESSION OF THE BOARD OF
5 PARDONS TO BE HELD IN THE HEARING DISTRICT IN WHICH THE
6 JUDGE IS LOCATED.
7 (4) DURING THE HEARING BEFORE THE BOARD OF PARDONS,
8 REPRESENTATIVES OF THE JUDGE, THE DEPARTMENT, THE DISTRICT
9 ATTORNEY OF THE COUNTY WHERE THE INMATE WAS PROSECUTED AND
10 ANY VICTIM INVOLVED SHALL HAVE THE OPPORTUNITY TO BE HEARD.
11 (D) NOTICE OF RELEASE.--
12 (1) AN INMATE WHO HAS SERVED HIS MINIMUM SENTENCE MAY BE
13 RELEASED BY THE DEPARTMENT ONLY AFTER NOTICE TO THE JUDGE
14 THAT THE PRIVILEGE IS BEING GRANTED.
15 (2) NOTICE OF THE RELEASE OF AN INMATE SHALL BE GIVEN TO
16 THE PENNSYLVANIA STATE POLICE, THE PROBATION OFFICER AND THE
17 SHERIFF OR CHIEF OF POLICE OF THE COUNTY, AND THE CHIEF OF
18 POLICE OF THE MUNICIPALITY OR TOWNSHIP OF THE LOCALITY TO
19 WHICH THE INMATE IS ASSIGNED OR OF THE INMATE'S AUTHORIZED
20 DESTINATION.
21 § 3703. RULES AND REGULATIONS.
22 THE DEPARTMENT SHALL ESTABLISH RULES AND REGULATIONS FOR
23 GRANTING AND ADMINISTERING RELEASE PLANS AND SHALL DETERMINE
24 THOSE INMATES WHO MAY PARTICIPATE IN ANY PLAN. IF AN INMATE
25 VIOLATES THE RULES OR REGULATIONS PRESCRIBED BY THE DEPARTMENT,
26 THE INMATE'S RELEASE PRIVILEGES MAY BE WITHDRAWN. FAILURE OF AN
27 INMATE TO REPORT TO OR RETURN FROM THE ASSIGNED PLACE OF
28 EMPLOYMENT, TRAINING, EDUCATION OR OTHER AUTHORIZED DESTINATION
29 SHALL BE DEEMED AN OFFENSE UNDER 18 PA.C.S. § 5121 (RELATING TO
30 ESCAPE).
20050S0506B1487 - 151 -
1 § 3704. SALARIES AND WAGES OF INMATES.
2 (A) GENERAL RULE.--THE SALARIES OR WAGES OF INMATES
3 GAINFULLY EMPLOYED UNDER A PLAN ESTABLISHED UNDER THIS SECTION
4 SHALL BE COLLECTED BY THE DEPARTMENT OR ITS DESIGNATED AGENTS OR
5 EMPLOYEES. THE WAGES SHALL NOT BE SUBJECT TO GARNISHMENT OR
6 ATTACHMENT FOR ANY PURPOSE EITHER IN THE HANDS OF THE EMPLOYER
7 OR THE DEPARTMENT DURING THE INMATE'S TERM OF IMPRISONMENT AND
8 SHALL BE DISBURSED ONLY AS PROVIDED IN THIS SECTION, BUT FOR TAX
9 PURPOSES THEY SHALL BE INCOME OF THE INMATE.
10 (B) USE OF SALARIES OR WAGES.--THE SALARIES OR WAGES OF AN
11 INMATE PARTICIPATING IN A PLAN ESTABLISHED UNDER THIS SECTION
12 SHALL BE DISBURSED BY THE DEPARTMENT IN THE FOLLOWING ORDER:
13 (1) THE BOARD OF THE INMATE, INCLUDING FOOD AND
14 CLOTHING.
15 (2) NECESSARY TRAVEL EXPENSE TO AND FROM WORK AND OTHER
16 INCIDENTAL EXPENSES OF THE INMATE.
17 (3) SUPPORT OF THE INMATE'S DEPENDENTS, IF ANY.
18 (4) PAYMENT, EITHER IN FULL OR RATABLY, OF THE INMATE'S
19 OBLIGATIONS ACKNOWLEDGED BY HIM IN WRITING OR WHICH HAVE BEEN
20 REDUCED TO JUDGMENT.
21 (5) THE BALANCE, IF ANY, TO THE INMATE UPON HIS
22 DISCHARGE.
23 CHAPTER 39
24 MOTIVATIONAL BOOT CAMP
25 SEC.
26 3901. SCOPE OF CHAPTER.
27 3902. DECLARATION OF POLICY.
28 3903. DEFINITIONS.
29 3904. SELECTION OF INMATE PARTICIPANTS.
30 3905. MOTIVATIONAL BOOT CAMP PROGRAM.
20050S0506B1487 - 152 -
1 3906. PROCEDURE FOR SELECTION OF PARTICIPANT IN MOTIVATIONAL
2 BOOT CAMP PROGRAM.
3 3907. COMPLETION OF MOTIVATIONAL BOOT CAMP PROGRAM.
4 3908. APPEALS.
5 § 3901. SCOPE OF CHAPTER.
6 THIS CHAPTER AUTHORIZES MOTIVATIONAL BOOT CAMPS.
7 § 3702 3902. Declaration of policy. <--
8 The General Assembly finds and declares as follows:
9 (1) The Commonwealth recognizes the severe problem of
10 overcrowding in correctional institutions and understands
11 that overcrowding is a causative factor contributing to
12 insurrection and prison rioting.
13 (2) The Commonwealth also recognizes that the frequency
14 of convictions responsible for the dramatic expansion of the
15 population in correctional institutions is attributable in
16 part to the increased use of drugs and alcohol.
17 (3) The Commonwealth, in wishing to salvage the
18 contributions and dedicated work which its displaced citizens
19 may someday offer, is seeking to explore alternative methods
20 of incarceration which might serve as the catalyst for
21 reducing criminal behavior.
22 § 3703 3903. Definitions. <--
23 The following words and phrases when used in this chapter
24 shall have the meanings given to them in this section unless the
25 context clearly indicates otherwise:
26 "Commission." The Pennsylvania Commission on Sentencing.
27 "Eligible inmate." A person sentenced to a term of
28 confinement under the jurisdiction of the Department of
29 Corrections who is serving a term of confinement, the minimum of
30 which is not more than two years and the maximum of which is
20050S0506B1487 - 153 -
1 five years or less or an inmate who is serving a term of
2 confinement the minimum of which is not more than three years
3 where that inmate is within two years of completing his minimum
4 term, and who has not reached 35 years of age at the time he is
5 approved for participation in the motivational boot camp
6 program. The term shall not include any inmate who is subject to
7 a sentence the calculation of which included an enhancement for
8 the use of a deadly weapon as defined pursuant to the sentencing
9 guidelines promulgated by the Pennsylvania Commission on
10 Sentencing or any inmate serving a sentence for any violation of
11 one or more of the following provisions:
12 18 Pa.C.S. § 2502 (relating to murder).
13 18 Pa.C.S. § 2503 (relating to voluntary manslaughter).
14 18 Pa.C.S. § 2506 (relating to drug delivery resulting in
15 death).
16 18 Pa.C.S. § 2901 (relating to kidnapping).
17 18 Pa.C.S. § 3121 (relating to rape).
18 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual
19 intercourse).
20 18 Pa.C.S. § 3124.1 (relating to sexual assault).
21 18 Pa.C.S. § 3125 (relating to aggravated indecent
22 assault).
23 18 Pa.C.S. § 3301(a)(1)(i) (relating to arson and related
24 offenses).
25 18 Pa.C.S. § 3502 (relating to burglary) in the case of
26 burglary of a structure adapted for overnight accommodation
27 in which at the time of the offense any person is present.
28 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to
29 robbery).
30 18 Pa.C.S. § 3702 (relating to robbery of motor vehicle).
20050S0506B1487 - 154 -
1 18 Pa.C.S. § 7508 (a)(1)(iii), (2)(iii), (3)(iii) or
2 (4)(iii) (relating to drug trafficking sentencing and
3 penalties).
4 "Motivational boot camp." A program in which eligible
5 inmates participate for a period of six months in a humane
6 program for motivational boot camp programs which shall provide
7 for rigorous physical activity, intensive regimentation and
8 discipline, work on public projects, substance abuse treatment
9 services licensed by the Department of Health, continuing
10 education, vocational training, prerelease counseling and
11 community corrections aftercare.
12 § 3704 3904. Selection of inmate participants. <--
13 (a) Duties of commission.--Through the use of sentencing
14 guidelines, the commission shall employ the definition of
15 "eligible inmate" as provided in this chapter to further
16 identify inmates who would be appropriate for participation in a
17 motivational boot camp.
18 (b) Duties of sentencing judge.--The sentencing judge shall
19 employ the sentencing guidelines to identify those defendants
20 who are eligible for participation in a motivational boot camp.
21 The judge shall have the discretion to exclude a defendant from
22 eligibility if the judge determines that the defendant would be
23 inappropriate for placement in a motivational boot camp. The
24 judge shall note on the sentencing order whether the defendant
25 has been identified as eligible for a motivational boot camp
26 program.
27 (c) Duties of department.--The secretary shall promulgate
28 rules and regulations providing for inmate selection criteria
29 and the establishment of motivational boot camp selection
30 committees within each diagnostic and classification center of
20050S0506B1487 - 155 -
1 the department.
2 § 3705 3905. Motivational boot camp program. <--
3 (a) Establishment.--There is hereby established in the
4 department a motivational boot camp program.
5 (b) Program objectives.--The objectives of the program are:
6 (1) To protect the health and safety of the Commonwealth
7 by providing a program which will reduce recidivism and
8 promote characteristics of good citizenship among eligible
9 inmates.
10 (2) To divert inmates who ordinarily would be sentenced
11 to traditional forms of confinement under the custody of the
12 department to motivational boot camps.
13 (3) To provide discipline and structure to the lives of
14 eligible inmates and to promote these qualities in the
15 postrelease behavior of eligible inmates.
16 (c) Rules and regulations.--
17 (1) The secretary shall promulgate rules and regulations
18 which shall include, but not be limited to, inmate
19 discipline, selection criteria, programming and supervision
20 and administration.
21 (2) The department shall provide four weeks of intensive
22 training for all staff prior to the start of their
23 involvement with the program.
24 (d) Approval.--Motivational boot camp programs may be
25 established only at correctional institutions classified by the
26 secretary as motivational boot camp institutions.
27 (e) Evaluation.--The department and the commission shall
28 monitor and evaluate the motivational boot camp programs to
29 ensure that the programmatic objectives are met. Both shall
30 present annual BIENNIAL reports of the evaluations to the <--
20050S0506B1487 - 156 -
1 Judiciary Committee of the Senate and the Judiciary Committee of
2 the House of Representatives no later than February 1 of each <--
3 year IN ALTERNATE YEARS. <--
4 § 3706 3906. Procedure for selection of participant in <--
5 motivational boot camp program.
6 (a) Application.--An eligible inmate may make an application
7 to the motivational boot camp selection committee for permission
8 to participate in the motivational boot camp program.
9 (b) Selection.--If the selection committee determines that
10 an inmate's participation in the program is consistent with the
11 safety of the community, the welfare of the applicant, the
12 programmatic objectives and the rules and regulations of the
13 department, the committee shall forward the application to the
14 secretary or his designee for approval or disapproval.
15 (c) Conditions.--Applicants may not participate in the
16 motivational boot camp program unless they agree to be bound by
17 all the terms and conditions thereof and indicate their
18 agreement by signing a memorandum of understanding.
19 (d) Qualifications to participate.--Satisfaction of the
20 qualifications set forth in this section to participate does not
21 mean that an inmate will automatically be permitted to
22 participate in the program.
23 (e) Expulsion from program.--
24 (1) An inmate's participation in the motivational boot
25 camp unit may be suspended or revoked for administrative or
26 disciplinary reasons.
27 (2) The department shall develop regulations consistent
28 with this subsection.
29 § 3707 3907. Completion of motivational boot camp program. <--
30 Upon certification by the department of the inmate's
20050S0506B1487 - 157 -
1 successful completion of the program, the Pennsylvania Board of
2 Probation and Parole shall immediately release the inmate on
3 parole, notwithstanding any minimum sentence imposed in the
4 case. The parolee will be subject to intensive supervision for a
5 period of time determined by the board, after which the parolee
6 will be subject to the usual parole supervision. For all other
7 purposes, the parole of the inmate shall be as provided by
8 Chapter 63 (relating to probation and parole law) CHAPTER 61 <--
9 (RELATING TO PENNSYLVANIA BOARD OF PROBATION AND PAROLE).
10 § 3708 3908. Appeals. <--
11 Nothing in this chapter shall be construed to enlarge or
12 limit the right of an inmate to appeal his or her sentence.
13 CHAPTER 39 <--
14 EXECUTION PROCEDURE AND METHOD
15 Sec.
16 3901. Definitions.
17 3902. Issuance of warrant.
18 3903. Terms of confinement.
19 3904. Method of execution.
20 3905. Witnesses to execution.
21 3906. Certification of superintendent.
22 3907. Postmortem examination.
23 3908. Costs of execution and examination.
24 CHAPTER 41 <--
25 STATE INTERMEDIATE PUNISHMENT
26 SEC.
27 4101. SCOPE OF CHAPTER.
28 4102. FINDINGS AND PURPOSE.
29 4103. DEFINITIONS.
30 4104. REFERRAL TO STATE INTERMEDIATE PUNISHMENT PROGRAM.
20050S0506B1487 - 158 -
1 4105. DRUG OFFENDER TREATMENT PROGRAM.
2 4106. WRITTEN GUIDELINES AND REGULATIONS.
3 4107. REPORTS.
4 4108. CONSTRUCTION.
5 4109. EVALUATION.
6 § 4101. SCOPE OF CHAPTER.
7 THIS CHAPTER RELATES TO STATE INTERMEDIATE PUNISHMENT.
8 § 4102. FINDINGS AND PURPOSE.
9 THE GENERAL ASSEMBLY FINDS AS FOLLOWS:
10 (1) MANY CRIMES ARE COMMITTED BY PERSONS WHO, BECAUSE OF
11 THEIR ADDICTION TO DRUGS OR ALCOHOL, ARE UNABLE TO MAINTAIN
12 GAINFUL EMPLOYMENT.
13 (2) THESE PERSONS OFTEN COMMIT CRIMES AS A MEANS OF
14 OBTAINING THE FUNDS NECESSARY TO PURCHASE DRUGS OR ALCOHOL.
15 (3) MANY PERSONS COMMIT CRIMES WHILE UNDER THE INFLUENCE
16 OF DRUGS OR ALCOHOL EVEN THOUGH THEY ARE NOT ADDICTED TO SUCH
17 SUBSTANCES IN A CLINICAL SENSE.
18 (4) PUNISHING PERSONS WHO COMMIT CRIMES IS AN IMPORTANT
19 ASPECT OF RECOGNIZING THE HARM THAT CRIMINALS VISIT UPON
20 THEIR VICTIMS.
21 (5) MANY PEOPLE WHO COMMIT CRIMES WILL BE ABLE TO BECOME
22 LAW-ABIDING, CONTRIBUTING MEMBERS OF SOCIETY IF THEY ARE ABLE
23 TO OBTAIN TREATMENT FOR THEIR DRUG OR ALCOHOL ADDICTION OR
24 ABUSE.
25 (6) THE PURPOSE OF THIS CHAPTER IS TO CREATE A PROGRAM
26 THAT PUNISHES PERSON WHO COMMIT CRIMES, BUT ALSO PROVIDES
27 TREATMENT THAT OFFERS THE OPPORTUNITY FOR THOSE PERSONS TO
28 ADDRESS THEIR DRUG OR ALCOHOL ADDICTION OR ABUSE AND THEREBY
29 REDUCE THE INCIDENTS OF RECIDIVISM AND ENHANCE PUBLIC SAFETY.
30 § 4103. DEFINITIONS.
20050S0506B1487 - 159 -
1 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
2 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
3 CONTEXT CLEARLY INDICATES OTHERWISE:
4 "COMMISSION." THE PENNSYLVANIA COMMISSION ON SENTENCING.
5 "COMMUNITY-BASED THERAPEUTIC COMMUNITY." A LONG-TERM
6 RESIDENTIAL ADDICTION TREATMENT PROGRAM LICENSED BY THE
7 DEPARTMENT OF HEALTH TO PROVIDE ADDICTION TREATMENT SERVICES
8 USING A THERAPEUTIC COMMUNITY MODEL AND DETERMINED BY THE
9 DEPARTMENT OF CORRECTIONS TO BE QUALIFIED TO PROVIDE ADDICTION
10 TREATMENT TO ELIGIBLE OFFENDERS.
11 "COMMUNITY CORRECTIONS CENTER." A RESIDENTIAL PROGRAM THAT
12 IS SUPERVISED AND OPERATED BY THE DEPARTMENT OF CORRECTIONS FOR
13 INMATES WITH PRERELEASE STATUS OR WHO ARE ON PAROLE.
14 "COURT." THE TRIAL JUDGE EXERCISING SENTENCING JURISDICTION
15 OVER AN ELIGIBLE OFFENDER UNDER THIS CHAPTER OR THE PRESIDENT
16 JUDGE IF THE ORIGINAL TRIAL JUDGE IS NO LONGER SERVING AS A
17 JUDGE OF THE SENTENCING COURT.
18 "DEFENDANT." AN INDIVIDUAL CHARGED WITH A DRUG-RELATED
19 OFFENSE.
20 "DEPARTMENT." THE DEPARTMENT OF CORRECTIONS OF THE
21 COMMONWEALTH.
22 "DRUG OFFENDER TREATMENT PROGRAM." AN INDIVIDUALIZED
23 TREATMENT PROGRAM ESTABLISHED BY THE DEPARTMENT OF CORRECTIONS
24 CONSISTING PRIMARILY OF DRUG AND ALCOHOL ADDICTION TREATMENT
25 THAT SATISFIES THE TERMS AND CONDITIONS LISTED IN SECTION 4105
26 (RELATING TO DRUG OFFENDER TREATMENT PROGRAM).
27 "DRUG-RELATED OFFENSE." A CRIMINAL OFFENSE FOR WHICH A
28 DEFENDANT IS CONVICTED AND THAT THE COURT DETERMINES WAS
29 MOTIVATED BY THE DEFENDANT'S CONSUMPTION OF OR ADDICTION TO
30 ALCOHOL OR A CONTROLLED SUBSTANCE, COUNTERFEIT, DESIGNER DRUG,
20050S0506B1487 - 160 -
1 DRUG, IMMEDIATE PRECURSOR OR MARIHUANA, AS THOSE TERMS ARE
2 DEFINED IN THE ACT OF APRIL 14, 1972 (P.L.233, NO.64), KNOWN AS
3 THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT.
4 "ELIGIBLE OFFENDER." SUBJECT TO 42 PA.C.S. § 9721(A.1)
5 (RELATING TO SENTENCING GENERALLY), A DEFENDANT DESIGNATED BY
6 THE SENTENCING COURT AS A PERSON CONVICTED OF A DRUG-RELATED
7 OFFENSE WHO:
8 (1) HAS UNDERGONE AN ASSESSMENT PERFORMED BY THE
9 DEPARTMENT OF CORRECTIONS, WHICH ASSESSMENT HAS CONCLUDED
10 THAT THE DEFENDANT IS IN NEED OF DRUG AND ALCOHOL ADDICTION
11 TREATMENT AND WOULD BENEFIT FROM COMMITMENT TO A DRUG
12 OFFENDER TREATMENT PROGRAM AND THAT PLACEMENT IN A DRUG
13 OFFENDER TREATMENT PROGRAM WOULD BE APPROPRIATE.
14 (2) DOES NOT DEMONSTRATE A HISTORY OF PRESENT OR PAST
15 VIOLENT BEHAVIOR.
16 (3) WOULD BE PLACED IN THE CUSTODY OF THE DEPARTMENT IF
17 NOT SENTENCED TO STATE INTERMEDIATE PUNISHMENT.
18 (4) PROVIDES WRITTEN CONSENT PERMITTING RELEASE OF
19 INFORMATION PERTAINING TO THE DEFENDANT'S PARTICIPATION IN A
20 DRUG OFFENDER TREATMENT PROGRAM.
21 THE TERM SHALL NOT INCLUDE A DEFENDANT WHO IS SUBJECT TO A
22 SENTENCE THE CALCULATION OF WHICH INCLUDES AN ENHANCEMENT FOR
23 THE USE OF A DEADLY WEAPON, AS DEFINED PURSUANT TO LAW OR THE
24 SENTENCING GUIDELINES PROMULGATED BY THE PENNSYLVANIA COMMISSION
25 ON SENTENCING, OR A DEFENDANT WHO HAS BEEN CONVICTED OF A
26 PERSONAL INJURY CRIME AS DEFINED IN SECTION 103 OF THE ACT OF
27 NOVEMBER 24, 1998 (P.L.882, NO.111), KNOWN AS THE CRIME VICTIMS
28 ACT, OR AN ATTEMPT OR CONSPIRACY TO COMMIT SUCH A CRIME OR WHO
29 HAS BEEN CONVICTED OF VIOLATING 18 PA.C.S. § 4302 (RELATING TO
30 INCEST), 5901 (RELATING TO OPEN LEWDNESS), 6312 (RELATING TO
20050S0506B1487 - 161 -
1 ABUSE OF CHILDREN), 6318 (RELATING TO UNLAWFUL CONTACT WITH
2 MINOR) OR 6320 (RELATING TO SEXUAL EXPLOITATION OF CHILDREN) OR
3 CH. 76 SUBCH. C (RELATING TO INTERNET CHILD PORNOGRAPHY).
4 "EXPULSION." THE PERMANENT REMOVAL OF A PARTICIPANT FROM A
5 DRUG OFFENDER TREATMENT PROGRAM.
6 "GROUP HOME." A RESIDENTIAL PROGRAM THAT IS CONTRACTED OUT
7 BY THE DEPARTMENT OF CORRECTIONS TO A PRIVATE SERVICE PROVIDER
8 FOR INMATES WITH PRERELEASE STATUS OR WHO ARE ON PAROLE.
9 "INDIVIDUALIZED DRUG OFFENDER TREATMENT PLAN." AN
10 INDIVIDUALIZED ADDICTION TREATMENT PLAN WITHIN THE FRAMEWORK OF
11 THE DRUG OFFENDER TREATMENT PROGRAM.
12 "INSTITUTIONAL THERAPEUTIC COMMUNITY." A RESIDENTIAL DRUG
13 TREATMENT PROGRAM IN A STATE CORRECTIONAL INSTITUTION,
14 ACCREDITED AS A THERAPEUTIC COMMUNITY FOR TREATMENT OF DRUG AND
15 ALCOHOL ABUSE AND ADDICTION BY THE AMERICAN CORRECTIONAL
16 ASSOCIATION OR OTHER NATIONALLY RECOGNIZED ACCREDITATION
17 ORGANIZATION FOR THERAPEUTIC COMMUNITY DRUG AND ALCOHOL
18 ADDICTION TREATMENT.
19 "OUTPATIENT ADDICTION TREATMENT FACILITY." AN ADDICTION
20 TREATMENT FACILITY LICENSED BY THE DEPARTMENT OF HEALTH AND
21 DESIGNATED BY THE DEPARTMENT OF CORRECTIONS AS QUALIFIED TO
22 PROVIDE ADDICTION TREATMENT TO CRIMINAL JUSTICE OFFENDERS.
23 "PARTICIPANT." AN ELIGIBLE OFFENDER ACTUALLY SENTENCED TO
24 STATE INTERMEDIATE PUNISHMENT PURSUANT TO 42 PA.C.S. §
25 9721(A)(7) (RELATING TO SENTENCING GENERALLY).
26 "TRANSITIONAL RESIDENCE." A RESIDENCE INVESTIGATED AND
27 APPROVED BY THE DEPARTMENT OF CORRECTIONS AS APPROPRIATE FOR
28 HOUSING A PARTICIPANT IN A DRUG OFFENDER TREATMENT PROGRAM.
29 § 4104. REFERRAL TO STATE INTERMEDIATE PUNISHMENT PROGRAM.
30 (A) REFERRAL FOR EVALUATION.--
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1 (1) PRIOR TO IMPOSING A SENTENCE, THE COURT MAY, UPON
2 MOTION OF THE COMMONWEALTH AND AGREEMENT OF THE DEFENDANT,
3 COMMIT A DEFENDANT TO THE CUSTODY OF THE DEPARTMENT FOR THE
4 PURPOSE OF EVALUATING WHETHER THE DEFENDANT WOULD BENEFIT
5 FROM A DRUG OFFENDER TREATMENT PROGRAM AND WHETHER PLACEMENT
6 IN THE DRUG OFFENDER TREATMENT PROGRAM IS APPROPRIATE.
7 (2) UPON COMMITTING A DEFENDANT TO THE DEPARTMENT, THE
8 COURT SHALL FORWARD TO THE DEPARTMENT:
9 (I) A SUMMARY OF THE OFFENSE FOR WHICH THE DEFENDANT
10 HAS BEEN CONVICTED.
11 (II) INFORMATION RELATING TO THE DEFENDANT'S HISTORY
12 OF DELINQUENCY OR CRIMINALITY, INCLUDING THE INFORMATION
13 MAINTAINED BY THE COURT PURSUANT TO 42 PA.C.S. CH. 63
14 (RELATING TO JUVENILE MATTERS), WHEN AVAILABLE.
15 (III) INFORMATION RELATING TO THE DEFENDANT'S
16 HISTORY OF DRUG OR ALCOHOL ABUSE OR ADDICTION, WHEN
17 AVAILABLE.
18 (IV) A PRESENTENCE INVESTIGATION REPORT, WHEN
19 AVAILABLE.
20 (V) ANY OTHER INFORMATION THE COURT DEEMS RELEVANT
21 TO ASSIST THE DEPARTMENT WITH ITS ASSESSMENT OF THE
22 DEFENDANT.
23 (B) ASSESSMENT OF ADDICTION.--
24 (1) THE DEPARTMENT SHALL CONDUCT AN ASSESSMENT OF THE
25 ADDICTION AND OTHER TREATMENT NEEDS OF A DEFENDANT AND
26 DETERMINE WHETHER THE DEFENDANT WOULD BENEFIT FROM A DRUG
27 OFFENDER TREATMENT PROGRAM. THE ASSESSMENT SHALL BE CONDUCTED
28 USING A NATIONALLY RECOGNIZED ASSESSMENT INSTRUMENT OR AN
29 INSTRUMENT THAT HAS BEEN NORMED AND VALIDATED ON THE
30 DEPARTMENT'S INMATE POPULATION BY A RECOGNIZED EXPERT IN SUCH
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1 MATTERS. THE ASSESSMENT INSTRUMENT SHALL BE ADMINISTERED BY
2 PERSONS SKILLED IN THE TREATMENT OF DRUG AND ALCOHOL
3 ADDICTION AND TRAINED TO CONDUCT ASSESSMENTS. THE ASSESSMENTS
4 SHALL BE REVIEWED AND APPROVED BY A SUPERVISOR WITH AT LEAST
5 THREE YEARS OF EXPERIENCE PROVIDING DRUG AND ALCOHOL
6 COUNSELING SERVICES.
7 (2) THE DEPARTMENT SHALL CONDUCT RISK AND OTHER
8 ASSESSMENTS IT DEEMS APPROPRIATE AND SHALL PROVIDE A REPORT
9 OF ITS ASSESSMENT TO THE COURT, THE DEFENDANT, THE ATTORNEY
10 FOR THE COMMONWEALTH AND THE COMMISSION WITHIN 60 DAYS OF THE
11 COURT'S COMMITMENT OF THE DEFENDANT TO THE CUSTODY OF THE
12 DEPARTMENT.
13 (C) PROPOSED DRUG OFFENDER TREATMENT PROGRAM.--IF THE
14 DEPARTMENT IN ITS DISCRETION BELIEVES A DEFENDANT WOULD BENEFIT
15 FROM A DRUG OFFENDER TREATMENT PROGRAM AND PLACEMENT IN THE DRUG
16 OFFENDER TREATMENT PROGRAM IS APPROPRIATE, THE DEPARTMENT SHALL
17 PROVIDE THE COURT, THE DEFENDANT, THE ATTORNEY FOR THE
18 COMMONWEALTH AND THE COMMISSION WITH A PROPOSED DRUG OFFENDER
19 TREATMENT PROGRAM DETAILING THE TYPE OF TREATMENT PROPOSED.
20 (D) PREREQUISITES FOR COMMITMENT.--UPON RECEIPT OF A
21 RECOMMENDATION FOR PLACEMENT IN A DRUG OFFENDER TREATMENT
22 PROGRAM FROM THE DEPARTMENT AND AGREEMENT OF THE ATTORNEY FOR
23 THE COMMONWEALTH AND THE DEFENDANT, THE COURT MAY SENTENCE AN
24 ELIGIBLE OFFENDER TO A PERIOD OF 24 MONTHS OF STATE INTERMEDIATE
25 PUNISHMENT IF THE COURT FINDS THAT:
26 (1) THE ELIGIBLE OFFENDER IS LIKELY TO BENEFIT FROM
27 STATE INTERMEDIATE PUNISHMENT.
28 (2) PUBLIC SAFETY WOULD BE ENHANCED BY THE ELIGIBLE
29 OFFENDER'S PARTICIPATION IN STATE INTERMEDIATE PUNISHMENT.
30 (3) SENTENCING THE ELIGIBLE OFFENDER TO STATE
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1 INTERMEDIATE PUNISHMENT WOULD NOT DEPRECIATE THE SERIOUSNESS
2 OF THE OFFENSE.
3 (E) CONSECUTIVE PROBATION.--NOTHING IN THIS CHAPTER SHALL
4 PROHIBIT THE COURT FROM SENTENCING AN ELIGIBLE OFFENDER TO A
5 CONSECUTIVE PERIOD OF PROBATION. THE TOTAL DURATION OF THE
6 SENTENCE MAY NOT EXCEED THE MAXIMUM TERM FOR WHICH THE ELIGIBLE
7 OFFENDER COULD OTHERWISE BE SENTENCED.
8 (F) APPLICABILITY AND PROGRAM LIMITATIONS.--THE COURT MAY
9 NOT MODIFY OR ALTER THE TERMS OF THE DEPARTMENT'S PROPOSED
10 INDIVIDUALIZED DRUG OFFENDER TREATMENT PLAN WITHOUT THE
11 AGREEMENT OF THE DEPARTMENT AND THE ATTORNEY FOR THE
12 COMMONWEALTH.
13 (G) VIDEOCONFERENCING.--THE DEPARTMENT SHALL MAKE
14 VIDEOCONFERENCING FACILITIES AVAILABLE TO ALLOW THE COURT TO
15 CONDUCT PROCEEDINGS NECESSARY UNDER THIS SECTION WHEN THE
16 ELIGIBLE OFFENDER HAS BEEN COMMITTED TO THE CUSTODY OF THE
17 DEPARTMENT PURSUANT TO SUBSECTION (B).
18 § 4105. DRUG OFFENDER TREATMENT PROGRAM.
19 (A) ESTABLISHMENT.--THE DEPARTMENT SHALL ESTABLISH AND
20 ADMINISTER A DRUG OFFENDER TREATMENT PROGRAM AS A STATE
21 INTERMEDIATE PUNISHMENT. THE PROGRAM SHALL BE DESIGNED TO
22 ADDRESS THE INDIVIDUALLY ASSESSED DRUG AND ALCOHOL ABUSE AND
23 ADDICTION NEEDS OF A PARTICIPANT AND SHALL ADDRESS OTHER ISSUES
24 ESSENTIAL TO THE PARTICIPANT'S SUCCESSFUL REINTEGRATION INTO THE
25 COMMUNITY, INCLUDING, BUT NOT LIMITED TO, EDUCATIONAL AND
26 EMPLOYMENT ISSUES.
27 (B) DURATION AND COMPONENTS.--NOTWITHSTANDING ANY CREDIT TO
28 WHICH THE DEFENDANT MAY BE ENTITLED UNDER 42 PA.C.S. § 9760
29 (RELATING TO CREDIT FOR TIME SERVED), THE DURATION OF THE DRUG
30 OFFENDER TREATMENT PROGRAM SHALL BE 24 MONTHS AND SHALL INCLUDE
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1 THE FOLLOWING:
2 (1) A PERIOD IN A STATE CORRECTIONAL INSTITUTION OF NOT
3 LESS THAN SEVEN MONTHS. THIS PERIOD SHALL INCLUDE:
4 (I) THE TIME DURING WHICH THE DEFENDANTS ARE BEING
5 EVALUATED BY THE DEPARTMENT UNDER SECTION 4104(B)
6 (RELATING TO REFERRAL TO STATE INTERMEDIATE PUNISHMENT
7 PROGRAM).
8 (II) FOLLOWING EVALUATION UNDER SUBPARAGRAPH (I),
9 NOT LESS THAN FOUR MONTHS SHALL BE IN AN INSTITUTIONAL
10 THERAPEUTIC COMMUNITY.
11 (2) A PERIOD OF TREATMENT IN A COMMUNITY-BASED
12 THERAPEUTIC COMMUNITY OF AT LEAST TWO MONTHS.
13 (3) A PERIOD OF AT LEAST SIX MONTHS' TREATMENT THROUGH
14 AN OUTPATIENT ADDICTION TREATMENT FACILITY. DURING THE
15 OUTPATIENT ADDICTION TREATMENT PERIOD OF THE DRUG OFFENDER
16 TREATMENT PROGRAM, THE PARTICIPANT MAY BE HOUSED IN A
17 COMMUNITY CORRECTIONS CENTER OR GROUP HOME OR PLACED IN AN
18 APPROVED TRANSITIONAL RESIDENCE. THE PARTICIPANT MUST COMPLY
19 WITH ANY CONDITIONS ESTABLISHED BY THE DEPARTMENT REGARDLESS
20 OF WHERE THE PARTICIPANT RESIDES DURING THE OUTPATIENT
21 ADDICTION TREATMENT PORTION OF THE DRUG OFFENDER TREATMENT
22 PROGRAM.
23 (4) A PERIOD OF SUPERVISED REINTEGRATION INTO THE
24 COMMUNITY FOR THE BALANCE OF THE DRUG OFFENDER TREATMENT
25 PROGRAM, DURING WHICH THE PARTICIPANT SHALL CONTINUE TO BE
26 SUPERVISED BY THE DEPARTMENT AND COMPLY WITH ANY CONDITIONS
27 IMPOSED BY THE DEPARTMENT.
28 (C) PROGRAM MANAGEMENT.--
29 (1) CONSISTENT WITH THE MINIMUM TIME REQUIREMENTS SET
30 FORTH IN SUBSECTION (B), THE DEPARTMENT MAY TRANSFER, AT ITS
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1 DISCRETION, A PARTICIPANT BETWEEN A STATE CORRECTIONAL
2 INSTITUTION, AN INSTITUTIONAL THERAPEUTIC COMMUNITY, A
3 COMMUNITY-BASED THERAPEUTIC COMMUNITY, AN OUTPATIENT
4 ADDICTION TREATMENT PROGRAM AND AN APPROVED TRANSITIONAL
5 RESIDENCE. THE DEPARTMENT MAY ALSO TRANSFER A PARTICIPANT
6 BACK AND FORTH BETWEEN LESS RESTRICTIVE AND MORE RESTRICTIVE
7 SETTINGS BASED UPON THE PARTICIPANT'S PROGRESS OR REGRESSION
8 IN TREATMENT OR FOR MEDICAL, DISCIPLINARY OR OTHER
9 ADMINISTRATIVE REASONS.
10 (2) THIS SUBSECTION SHALL BE CONSTRUED TO PROVIDE THE
11 DEPARTMENT WITH THE MAXIMUM FLEXIBILITY TO ADMINISTER THE
12 DRUG OFFENDER TREATMENT PROGRAM BOTH AS A WHOLE AND FOR
13 INDIVIDUAL PARTICIPANTS.
14 (D) RIGHT OF REFUSAL TO ADMIT.--THE ADMINISTRATOR OF A
15 COMMUNITY-BASED THERAPEUTIC COMMUNITY OR OUTPATIENT ADDICTION
16 TREATMENT FACILITY MAY REFUSE TO ACCEPT A PARTICIPANT WHOM THE
17 ADMINISTRATOR DEEMS TO BE INAPPROPRIATE FOR ADMISSION AND MAY
18 IMMEDIATELY DISCHARGE TO THE CUSTODY OF THE DEPARTMENT ANY
19 PARTICIPANT WHO FAILS TO COMPLY WITH FACILITY RULES AND
20 TREATMENT EXPECTATIONS OR REFUSES TO CONSTRUCTIVELY ENGAGE IN
21 THE TREATMENT PROCESS.
22 (E) NOTICE TO COURT OF COMPLETION OF PROGRAM.--WHEN THE
23 DEPARTMENT DETERMINES THAT A PARTICIPANT HAS SUCCESSFULLY
24 COMPLETED THE DRUG OFFENDER TREATMENT PROGRAM, IT SHALL NOTIFY
25 THE SENTENCING COURT, THE ATTORNEY FOR THE COMMONWEALTH AND THE
26 COMMISSION.
27 (F) EXPULSION FROM PROGRAM.--
28 (1) A PARTICIPANT MAY BE EXPELLED FROM THE DRUG OFFENDER
29 TREATMENT PROGRAM AT ANY TIME IN ACCORDANCE WITH GUIDELINES
30 ESTABLISHED BY THE DEPARTMENT, INCLUDING FAILURE TO COMPLY
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1 WITH ADMINISTRATIVE OR DISCIPLINARY PROCEDURES OR
2 REQUIREMENTS SET FORTH BY THE DEPARTMENT.
3 (2) THE DEPARTMENT SHALL PROMPTLY NOTIFY THE COURT, THE
4 DEFENDANT, THE ATTORNEY FOR THE COMMONWEALTH AND THE
5 COMMISSION OF THE EXPULSION OF A PARTICIPANT FROM THE DRUG
6 OFFENDER TREATMENT PROGRAM AND THE REASON FOR SUCH EXPULSION.
7 THE PARTICIPANT SHALL BE HOUSED IN A STATE CORRECTIONAL
8 INSTITUTION OR COUNTY JAIL PENDING ACTION BY THE COURT.
9 (3) THE COURT SHALL SCHEDULE A PROMPT STATE INTERMEDIATE
10 PUNISHMENT REVOCATION HEARING PURSUANT TO 42 PA.C.S. § 9774
11 (RELATING TO REVOCATION OF STATE INTERMEDIATE PUNISHMENT
12 SENTENCE).
13 § 4106. WRITTEN GUIDELINES AND REGULATIONS.
14 THE DEPARTMENT SHALL DEVELOP WRITTEN GUIDELINES FOR
15 PARTICIPANT SELECTION CRITERIA AND THE ESTABLISHMENT OF DRUG
16 OFFENDER TREATMENT PROGRAM SELECTION COMMITTEES WITHIN EACH
17 DIAGNOSTIC AND CLASSIFICATION CENTER OF THE DEPARTMENT AND SHALL
18 ADDRESS SUSPENSIONS AND EXPULSIONS FROM THE DRUG OFFENDER
19 TREATMENT PROGRAM. THE GUIDELINES SHALL NOT BE SUBJECT TO THE
20 ACT OF JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS THE REGULATORY
21 REVIEW ACT, AND SHALL BE EFFECTIVE FOR A PERIOD OF TWO YEARS
22 UPON PUBLICATION IN THE PENNSYLVANIA BULLETIN. THE GUIDELINES
23 SHALL BE REPLACED BY REGULATIONS PROMULGATED BY THE DEPARTMENT
24 CONSISTENT WITH THE REGULATORY REVIEW ACT WITHIN THE TWO-YEAR
25 PERIOD DURING WHICH THE GUIDELINES ARE EFFECTIVE. THE
26 REGULATIONS SHALL INCLUDE A REQUIREMENT THAT COMMUNITY-BASED
27 THERAPEUTIC COMMUNITIES UTILIZED IN THE DRUG OFFENDER TREATMENT
28 PROGRAM BE ACCREDITED AS A THERAPEUTIC COMMUNITY FOR TREATMENT
29 OF DRUG AND ALCOHOL ABUSE AND ADDICTION BY THE COMMISSION ON
30 ACCREDITATION OF REHABILITATION FACILITIES OR OTHER NATIONALLY
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1 RECOGNIZED ACCREDITATION ORGANIZATION FOR COMMUNITY-BASED
2 THERAPEUTIC COMMUNITIES FOR DRUG AND ALCOHOL ADDICTION
3 TREATMENT.
4 § 4107. REPORTS.
5 (A) FINAL REPORT.--THE DEPARTMENT SHALL PROVIDE A FINAL
6 REPORT TO THE COURT, THE DEFENDANT, THE ATTORNEY FOR THE
7 COMMONWEALTH AND THE COMMISSION ON A PARTICIPANT'S PROGRESS IN
8 THE DRUG OFFENDER TREATMENT PROGRAM.
9 (B) EVALUATION AND REPORT TO GENERAL ASSEMBLY.--THE
10 DEPARTMENT AND THE COMMISSION SHALL MONITOR AND EVALUATE THE
11 DRUG OFFENDER TREATMENT PROGRAM TO ENSURE THAT THE PROGRAMMATIC
12 OBJECTIVES ARE MET. IN ODD-NUMBERED YEARS, THE DEPARTMENT SHALL
13 PRESENT A REPORT OF ITS EVALUATION TO THE JUDICIARY COMMITTEE OF
14 THE SENATE AND THE JUDICIARY COMMITTEE OF THE HOUSE OF
15 REPRESENTATIVES NO LATER THAN FEBRUARY 1. IN EVEN-NUMBERED
16 YEARS, THE COMMISSION SHALL PRESENT A REPORT OF ITS EVALUATION
17 TO THE JUDICIARY COMMITTEE OF THE SENATE AND THE JUDICIARY
18 COMMITTEE OF THE HOUSE OF REPRESENTATIVES NO LATER THAN FEBRUARY
19 1. THE REPORT SHALL INCLUDE:
20 (1) THE NUMBER OF OFFENDERS EVALUATED FOR THE DRUG
21 OFFENDER TREATMENT PROGRAM.
22 (2) THE NUMBER OF OFFENDERS SENTENCED TO THE DRUG
23 OFFENDER TREATMENT PROGRAM.
24 (3) THE NUMBER OF OFFENDERS SENTENCED TO A STATE
25 CORRECTIONAL INSTITUTION WHO MAY HAVE BEEN ELIGIBLE FOR THE
26 DRUG OFFENDER TREATMENT PROGRAM.
27 (4) THE NUMBER OF OFFENDERS SUCCESSFULLY COMPLETING THE
28 DRUG OFFENDER TREATMENT PROGRAM.
29 (5) THE SIX-MONTH, ONE-YEAR, THREE-YEAR AND FIVE-YEAR
30 RECIDIVISM RATES FOR OFFENDERS WHO HAVE COMPLETED THE DRUG
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1 OFFENDER TREATMENT PROGRAM AND FOR A COMPARISON GROUP OF
2 OFFENDERS WHO WERE NOT PLACED IN THE DRUG OFFENDER TREATMENT
3 PROGRAM.
4 (6) ANY CHANGES THE DEPARTMENT OR THE COMMISSION
5 BELIEVES WILL MAKE THE DRUG OFFENDER TREATMENT PROGRAM MORE
6 EFFECTIVE.
7 § 4108. CONSTRUCTION.
8 NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
9 THIS CHAPTER SHALL NOT BE CONSTRUED TO:
10 (1) CONFER ANY LEGAL RIGHT UPON ANY INDIVIDUAL,
11 INCLUDING AN INDIVIDUAL PARTICIPATING IN THE DRUG OFFENDER
12 TREATMENT PROGRAM, TO:
13 (I) PARTICIPATE IN A DRUG OFFENDER TREATMENT
14 PROGRAM;
15 (II) CONTINUE PARTICIPATION IN A DRUG OFFENDER
16 TREATMENT PROGRAM;
17 (III) MODIFY THE CONTENTS OF THE DRUG OFFENDER
18 TREATMENT PROGRAM; OR
19 (IV) FILE ANY CAUSE OF ACTION IN ANY COURT
20 CHALLENGING THE DEPARTMENT'S DETERMINATION THAT A
21 PARTICIPANT BE SUSPENDED OR EXPELLED FROM OR THAT A
22 PARTICIPANT HAS SUCCESSFULLY COMPLETED OR FAILED TO
23 SUCCESSFULLY COMPLETE TREATMENT TO BE PROVIDED DURING ANY
24 PORTION OF A DRUG OFFENDER TREATMENT PROGRAM.
25 (2) ENLARGE OR LIMIT THE RIGHT OF A PARTICIPANT TO
26 APPEAL THE PARTICIPANT'S SENTENCE.
27 § 4109. EVALUATION.
28 THE DEPARTMENT AND THE COMMISSION SHALL MONITOR AND EVALUATE
29 THE MOTIVATIONAL BOOT CAMP PROGRAM UNDER THE ACT OF DECEMBER 19,
30 1990 (P.L.1391, NO.215), KNOWN AS THE MOTIVATIONAL BOOT CAMP
20050S0506B1487 - 170 -
1 ACT, TO ENSURE THAT THE PROGRAMMATIC OBJECTIVES ARE MET. IN
2 EVEN-NUMBERED YEARS, THE DEPARTMENT SHALL PRESENT A REPORT OF
3 ITS EVALUATION TO THE JUDICIARY COMMITTEE OF THE SENATE AND THE
4 JUDICIARY COMMITTEE OF THE HOUSE OF REPRESENTATIVES NO LATER
5 THAN FEBRUARY 1. IN ODD-NUMBERED YEARS, THE COMMISSION SHALL
6 PRESENT A REPORT OF ITS EVALUATION TO THE JUDICIARY COMMITTEE OF
7 THE SENATE AND THE JUDICIARY COMMITTEE OF THE HOUSE OF
8 REPRESENTATIVES NO LATER THAN FEBRUARY 1.
9 CHAPTER 43
10 EXECUTION PROCEDURE AND METHOD
11 SEC.
12 4301. DEFINITIONS.
13 4302. ISSUANCE OF WARRANT.
14 4303. TERMS OF CONFINEMENT.
15 4304. METHOD OF EXECUTION.
16 4305. WITNESSES TO EXECUTION.
17 4306. CERTIFICATION OF SUPERINTENDENT.
18 4307. POSTMORTEM EXAMINATION.
19 4308. COSTS OF EXECUTION AND EXAMINATION.
20 § 3901 4301. Definitions. <--
21 The following words and phrases when used in this chapter
22 shall have the meanings given to them in this section unless the
23 context clearly indicates otherwise:
24 "Victim." The term shall have the same meaning given to it
25 in section 103 of the act of November 24, 1998 (P.L.882,
26 No.111), known as the Crime Victims Act.
27 "Victim advocate." The victim advocate within the
28 Pennsylvania Board of Probation and Parole.
29 § 3902 4302. Issuance of warrant. <--
30 (a) Time.--
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1 (1) After the receipt of the record pursuant to 42
2 Pa.C.S. § 9711(i) (relating to sentencing procedure for
3 murder of the first degree), unless a pardon or commutation
4 has been issued, the Governor shall, within 90 days, issue a
5 warrant specifying a day for execution which shall be no
6 later than 60 days after the date the warrant is signed.
7 (2) If because of a reprieve or a judicial stay of the
8 execution the date of execution passes without imposition of
9 the death penalty, unless a pardon or commutation has been
10 issued, the Governor shall, within 30 days after receiving
11 notice of the termination of the reprieve or the judicial
12 stay, reissue a warrant specifying a day for execution which
13 shall be no later than 60 days after the date of reissuance
14 of the warrant.
15 (b) Secretary.--The warrant shall be directed to the
16 secretary commanding that the subject of the warrant be executed
17 on the day named in the warrant and in the manner prescribed by
18 law.
19 (c) Failure to timely comply.--If the Governor fails to
20 timely comply with the provisions of this section and a pardon
21 or commutation has not been issued, the secretary shall, within
22 30 days following the Governor's failure to comply, schedule and
23 carry out the execution no later than 60 days from the date by
24 which the Governor was required to sign the warrant under
25 subsection (a).
26 § 3903 4303. Terms of confinement. <--
27 Upon receipt of the warrant, the secretary shall, until
28 infliction of the death penalty or until lawful discharge from
29 custody, keep the inmate in solitary confinement. During the
30 confinement, no person shall be allowed access to the inmate
20050S0506B1487 - 172 -
1 without an order of the sentencing court, except the following:
2 (1) The staff of the department.
3 (2) The inmate's counsel of record or other attorney
4 requested by the inmate.
5 (3) A spiritual adviser selected by the inmate or the
6 members of the immediate family of the inmate.
7 § 3904 4304. Method of execution. <--
8 (a) Injection.--
9 (1) The death penalty shall be inflicted by injecting
10 the convict with a continuous intravenous administration of a
11 lethal quantity of an ultrashort-acting barbiturate in
12 combination with chemical paralytic agents approved by the
13 department until death is pronounced by the coroner. The
14 coroner shall issue the death certificate.
15 (2) The execution shall be supervised by the
16 superintendent or his designee of the State correctional
17 institution designated by the department for the execution.
18 (b) Injection agents.--Notwithstanding section 13 of the act
19 of April 14, 1972 (P.L.233, No.64), known as The Controlled
20 Substance, Drug, Device and Cosmetic Act, the secretary or his
21 designee may obtain the injection agents directly from a
22 pharmacist or manufacturer.
23 § 3905 4305. Witnesses to execution. <--
24 (a) List of witnesses.--No person except the following shall
25 witness any execution under the provisions of this chapter:
26 (1) The superintendent or his designee of the State
27 correctional institution where the execution takes place.
28 (2) Six reputable adult citizens selected by the
29 secretary.
30 (3) One spiritual adviser, when requested and selected
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1 by the inmate.
2 (4) Not more than six duly accredited representatives of
3 the news media.
4 (5) Such staff of the department as may be selected by
5 the secretary.
6 (6) Not more than four victims registered with and
7 selected by the victim advocate.
8 (b) Witnesses.--The secretary may refuse participation by a
9 witness for safety or security reasons. The department shall
10 make reasonable efforts to provide victims a viewing area
11 separate and apart from the area to which other witnesses are
12 admitted.
13 (c) Confidentiality.--The identity of department employees,
14 department contractors or victims who participate in the
15 administration of an execution pursuant to this section shall be
16 confidential.
17 § 3906 4306. Certification of superintendent. <--
18 After the execution, the chief administrator SUPERINTENDENT <--
19 OR HIS DESIGNEE shall certify in writing, under oath or
20 affirmation, to the court of the county where the inmate was
21 sentenced to death that the inmate was duly executed in
22 accordance with this chapter. The certificate shall be filed in
23 the office of the clerk of such court.
24 § 3907 4307. Postmortem examination. <--
25 (a) General rule.--immediately IMMEDIATELY after execution, <--
26 a postmortem examination of the body of the inmate shall be made
27 at the discretion of the coroner of the county in which the
28 execution is performed. The coroner shall report the nature of
29 any examination made. This report shall be annexed to and filed
30 with the certificate required under section 3906 4306 (relating <--
20050S0506B1487 - 174 -
1 to certification of superintendent).
2 (b) Disposition of body.--After the postmortem examination,
3 unless claimed by a relative or relatives, the department shall
4 be responsible for disposition of the body.
5 § 3908 4308. Costs of execution and examination. <--
6 The actual and necessary costs of the execution and the
7 postmortem examination shall be paid by the department.
8 CHAPTER 59
9 MISCELLANEOUS PROVISIONS
10 Sec.
11 5901. Physical welfare of inmates.
12 5902. Contraband prohibited.
13 5903. Temporary release from county correctional institution. <--
14 5904. Inmate uniforms.
15 5905. Assessment and collection of costs.
16 5903. INMATE UNIFORMS. <--
17 5904. ASSESSMENT AND COLLECTION OF COSTS.
18 § 5901. Physical welfare of inmates.
19 (a) Physical exercise.--
20 (1) A chief administrator who may or shall have in
21 charge any inmate, whether the inmate has been tried or not,
22 shall provide the inmate with at least two hours of daily
23 physical exercise in the open, weather permitting, and upon
24 such days on which the weather is inclement, with two hours
25 of daily physical exercise inside of the correctional
26 institution.
27 (2) The physical exercise must be safe and practical,
28 and the judges of several courts are to be the judges
29 thereof.
30 (3) Inmates in segregation or disciplinary status shall
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1 receive a minimum of at least one hour of daily exercise five
2 days per week.
3 (b) Limitation.--The physical exercise required by
4 subsection (a) shall not be taken by an inmate within the
5 confines of his cell or room in which the inmate is confined.
6 (c) Applicability.--This section shall not apply to inmates
7 who are confined and not physically able to take the required
8 physical exercise.
9 § 5902. Contraband prohibited.
10 (a) Alcohol and drugs.--No spirituous or fermented liquors,
11 drug, medicine, poison, opium, morphine or any other kind or
12 character of narcotics shall, on any pretense whatever:
13 (1) be sold or given away in a correctional institution
14 or in any building appurtenant thereto, or on the land
15 granted to or owned or leased by the Commonwealth for the use
16 and benefit of inmates; or
17 (2) be brought into a correctional institution or any
18 building appurtenant thereto, or on to the land granted to or
19 owned or leased by the Commonwealth for the use of and
20 benefit of inmates, without a written permit signed by the <--
21 physician of the correctional institution specifying the
22 quantity and quality of the liquor or narcotic which may be
23 furnished to the inmate or employee in the prison and the
24 name of the inmate or employee for whom and the time when the
25 liquor or narcotic may be furnished, except the ordinary
26 hospital supply of the prisons.
27 (b) Permit.--The permit shall be delivered to and kept by
28 the chief administrator.
29 (c) No secured storage.--No spirituous or fermented liquor,
30 drug, medicine, poison, opium, morphine or any other kind or
20050S0506B1487 - 176 -
1 character of narcotic shall be sold, given away or furnished,
2 either directly or indirectly, to an inmate, either in or
3 anywhere outside of the correctional institution, or be disposed
4 of in such manner or in such a place that it may be secured by
5 an inmate or employee of the prison.
6 (d) Tobacco.--Tobacco may be supplied and used, subject to
7 such regulations as may be adopted by the chief administrator.
8 (e) Weapons.--No weapon or other implement which may be used
9 to injure an inmate or person or in assisting an inmate to
10 escape from imprisonment shall:
11 (1) be sold, given away or furnished to an inmate in any
12 correctional institution or any building appurtenant thereto,
13 or on the land granted to or owned or leased by the
14 Commonwealth for the use and benefit of inmates;
15 (2) be brought into any correctional institution or any
16 building appurtenant thereto, or on to the land granted to or
17 owned or leased by the Commonwealth for the use and benefit
18 of inmates; or
19 (3) be sold, given away or furnished, either directly or
20 indirectly, to an inmate, either in or anywhere outside of
21 the correctional institution, or be disposed of in such a
22 manner or in such a place that it may be secured by an inmate
23 in the correctional institution.
24 (f) Searches.--A chief administrator may search or cause to
25 have searched any person coming to the correctional institution
26 as a visitor, or in any other capacity, who is suspected of
27 having upon his person:
28 (1) any weapon or other implement which may be used to
29 injure an inmate or any other person or in assisting an
30 inmate to escape from imprisonment; or
20050S0506B1487 - 177 -
1 (2) any spirituous or fermented liquor, drug, medicine,
2 poison, opium, morphine or any other kind or character of
3 narcotics.
4 (g) Penalty.--A person who violates any of the provisions of
5 this section commits a felony and shall, upon conviction, be
6 sentenced to pay a fine of not more than $1,000 or to
7 imprisonment for not more than five years, or both.
8 § 5903. Temporary release from county correctional institution. <--
9 (a) Conditions permitting release.--
10 (1) Whenever a person has been sentenced to undergo
11 imprisonment in a county correctional institution for a term
12 of less than five years, the court, at the time of sentence
13 or at any time thereafter upon application made therefor, may
14 by order direct the sheriff or chief administrator of a
15 county correctional institution to permit the inmate to leave
16 the jail during necessary and reasonable hours for the
17 purpose of:
18 (i) working at his employment;
19 (ii) conducting his own business or other self-
20 employed occupation, including housekeeping and attending
21 to the needs of family;
22 (iii) seeking employment;
23 (iv) attendance at an educational institution;
24 (v) securing medical treatment; or
25 (vi) such other lawful purposes as the court shall
26 consider necessary and appropriate.
27 (2) The order of court may be rescinded or modified at
28 any time with or without notice to the inmate.
29 (b) Surrender of wages.--When an inmate is employed for
30 wages or salary, the chief administrator shall collect the wages
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1 or salary or require the inmate to turn over his wages or salary
2 in full when received, and the chief administrator shall deposit
3 the same in a trust checking account and keep a ledger showing
4 the status of the account of each inmate.
5 (c) Liability for board cost.--
6 (1) An inmate gainfully employed shall be liable for the
7 cost of his board in the county correctional institution as
8 fixed by the county commissioners. If necessarily absent from
9 jail at a meal time, the inmate shall, at his request, be
10 furnished with an adequate nourishing lunch to carry to work.
11 (2) The chief administrator shall charge the inmate's
12 account if the inmate has one for such board.
13 (3) If the inmate is gainfully self-employed, the inmate
14 shall pay for such board in default of which his privilege
15 under this section shall be automatically forfeited.
16 (4) If the food in the county correctional institution
17 is furnished directly by the county, the chief administrator
18 shall account for and pay over such board payments to the
19 county treasurer.
20 (d) Disbursements from inmate accounts.--By order of the
21 court, the wages or salaries of employed inmates shall be
22 disbursed for the following purposes in the order stated:
23 (1) The board of the inmate.
24 (2) Necessary travel expense to and from work and other
25 incidental expenses of the inmate.
26 (3) Support of the inmate's dependents, if any, the
27 amount to be determined by the court.
28 (4) Payment of docket costs connected with the
29 commitment of the inmate.
30 (5) Payment either in full or ratably of the inmate's
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1 obligations acknowledged by him in writing or which have been
2 reduced to judgment.
3 (6) The balance, if any, to the inmate upon discharge.
4 (e) Intercounty custody.--The court may by order authorize
5 the chief administrator to whom an inmate is committed to
6 arrange with another chief administrator for the employment of
7 the prisoner in the other's county and while so employed to be
8 in the other's custody but in other respects to be and continue
9 subject to the commitment.
10 (f) Refusal of privilege.--A chief administrator may refuse
11 to permit an inmate to exercise the privilege to temporary leave
12 the correctional institution for a period not to exceed five
13 days for any breach of discipline or other violation of jail
14 regulations.
15 (g) Weekend or short period inmates.--The county prison
16 board, or where applicable the county commissioners, may, by
17 resolution which shall establish rates and qualifications,
18 authorize the chief administrator to collect a reasonable amount
19 from inmates incarcerated only on weekends or other short
20 periods each week.
21 § 5904 5903. Inmate uniforms. <--
22 While incarcerated, an inmate of a State correctional
23 institution shall wear identifiable prison uniforms and shall
24 not wear civilian clothing.
25 § 5905 5904. Assessment and collection of costs. <--
26 (a) Power of department.--When the department determines
27 that there has been a financial loss or cost as a result of a
28 violation of a written rule governing inmate behavior,
29 including, but not limited to, property loss or damage or use of
30 a controlled substance, the department may require the inmate to
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1 pay to the department, or to the person whose property has been
2 lost or damaged, the value of the property or the costs incurred
3 in the investigation and administrative review of the behavior.
4 (b) Procedures.--The department shall develop written
5 procedures relating to the determination, assessment and
6 collection of the costs of losses due to inmate misconduct. When
7 the procedures have been adopted by the department, the
8 provisions of 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and
9 procedure of Commonwealth agencies) shall not apply to
10 proceedings conducted by the department under this section.
11 (c) Deduction from inmate's institutional account.--
12 (1) The department may deduct from an inmate's
13 institutional account the amount of any judgment, court-
14 ordered costs or assessments against the inmate under
15 subsection (a).
16 (2) Notice of the deduction shall be provided to the
17 inmate by certified mail or personal notice.
18 PART IV
19 PROBATION AND PAROLE
20 Chapter <--
21 61. General Provisions
22 63. Pennsylvania Board of Probation and Parole
23 65. County Probation and Parole Officers' Firearm Education
24 and Training
25 CHAPTER <--
26 61. PENNSYLVANIA BOARD OF PROBATION AND PAROLE
27 63. COUNTY PROBATION OFFICERS' FIREARM EDUCATION AND
28 TRAINING
29 CHAPTER 61 <--
30 GENERAL PROVISIONS
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1 Subchapter
2 A. Preliminary Provisions
3 B. Inmate Prerelease Plans
4 SUBCHAPTER A
5 PRELIMINARY PROVISIONS
6 Sec.
7 6101. Inability to procure sponsor.
8 6102. Application for release when minimum sentence exceeds
9 one-half maximum.
10 § 6101. Inability to procure sponsor.
11 No inmate who has been sentenced to a minimum and maximum
12 imprisonment, after the inmate has served the minimum sentence,
13 may be detained in a correctional institution because of the
14 inability of the inmate to procure a sponsor who shall be
15 satisfactory to the board of inspectors or trustees of the
16 correctional institution. In any case in which the inmate is
17 unable to secure a satisfactory sponsor, the inspectors or
18 trustees of the correctional institution may procure a sponsor
19 for the inmate or may require reports from the paroled inmate in
20 lieu of a sponsor, as the board of inspectors or trustees may
21 deem proper.
22 § 6102. Application for release when minimum sentence exceeds
23 one-half maximum.
24 An inmate who serves a sentence in a State correctional
25 institution, the minimum of which sentence exceeds one-half the
26 maximum sentence, shall be eligible to apply for release on
27 parole when the inmate has served or will have served one-half
28 of the maximum sentence.
29 SUBCHAPTER B
30 INMATE PRERELEASE PLANS
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1 Sec.
2 6111. Establishment of prerelease centers.
3 6112. Release plan for inmates.
4 6113. Rules and regulations.
5 6114. Salaries and wages of inmates.
6 § 6111. Establishment of prerelease centers.
7 The department shall establish, with the approval of the
8 Governor, prisoner prerelease centers at such locations
9 throughout this Commonwealth as it deems necessary to carry out
10 effective prisoner prerelease programs.
11 § 6112. Release plan for inmates.
12 (a) Transfer authorization.--The secretary may transfer an
13 inmate incarcerated in any prerelease center or in any
14 prerelease center located in any State correctional institution
15 who has not been sentenced to death or life imprisonment to any
16 prerelease center under the supervision of the Office of General
17 Counsel.
18 (b) Temporary release.--An inmate transferred to and
19 confined in a prerelease center may be released temporarily with
20 or without direct supervision at the discretion of the
21 department, in accordance with rules and regulations as provided
22 in section 6113 (relating to rules and regulations), for the
23 purposes of gainful employment, vocational or technical
24 training, academic education and such other lawful purposes as
25 the department shall consider necessary and appropriate for the
26 furtherance of the inmate's individual prerelease program
27 subject to compliance with subsection (c).
28 (c) Conditions for release of certain inmates.--
29 (1) An inmate who has not served his minimum sentence
30 may not be transferred to a prerelease center unless:
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1 (i) more than 20 days have elapsed after written
2 notice of the proposed transfer, describing the inmate's
3 individual prerelease program, has been received by the
4 sentencing judge or, in the event the sentencing judge is
5 unavailable, the sentencing court and the prosecuting
6 district attorney's office and no written objection by
7 the judge containing the reason therefor has been
8 received by the department;
9 (ii) the judge withdraws his objection after
10 consultation with representatives of the department; or
11 (iii) approval of the proposed transfer is given by
12 the Board of Pardons.
13 (2) In the event of a timely objection by the judge,
14 representatives of the department shall meet with the judge
15 and attempt to resolve the disagreement.
16 (3) If, within 20 days of the department's receipt of
17 the objection:
18 (i) the judge does not withdraw his objection;
19 (ii) the department does not withdraw its proposal
20 for transfer; or
21 (iii) the judge and the department do not agree on
22 an alternate proposal for transfer, the matter shall be
23 listed for hearing at the next session of the Board of
24 Pardons to be held in the hearing district in which the
25 judge is located.
26 (4) During the hearing before the Board of Pardons,
27 representatives of the judge, the department, the district
28 attorney of the county where the inmate was prosecuted and
29 any victim involved shall have the opportunity to be heard.
30 (d) Notice of release.--
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1 (1) An inmate who has served his minimum sentence may be
2 released by the department only after notice to the judge
3 that the privilege is being granted.
4 (2) Notice of the release of an inmate shall be given to
5 the Pennsylvania State Police, the probation officer and the
6 sheriff or chief of police of the county, and the chief of
7 police of the municipality or township of the locality to
8 which the inmate is assigned or of the inmate's authorized
9 destination.
10 § 6113. Rules and regulations.
11 The department shall establish rules and regulations for
12 granting and administering release plans and shall determine
13 those inmates who may participate in any plan. If an inmate
14 violates the rules or regulations prescribed by the department,
15 the inmate's release privileges may be withdrawn. Failure of an
16 inmate to report to or return from the assigned place of
17 employment, training, education or other authorized destination
18 shall be deemed an offense under 18 Pa.C.S. § 5121 (relating to
19 escape).
20 § 6114. Salaries and wages of inmates.
21 (a) General rule.--The salaries or wages of inmates
22 gainfully employed under a plan established under this section
23 shall be collected by the department or its designated agents or
24 employees. The wages shall not be subject to garnishment or
25 attachment for any purpose either in the hands of the employer
26 or the department during the inmate's term of imprisonment and
27 shall be disbursed only as provided in this section, but for tax
28 purposes they shall be income of the inmate.
29 (b) Use of salaries or wages.--The salaries or wages of an
30 inmate participating in a plan established under this section
20050S0506B1487 - 185 -
1 shall be disbursed by the department in the following order:
2 (1) The board of the inmate, including food and
3 clothing.
4 (2) Necessary travel expense to and from work and other
5 incidental expenses of the inmate.
6 (3) Support of the inmate's dependents, if any.
7 (4) Payment, either in full or ratably, of the inmate's
8 obligations acknowledged by him in writing or which have been
9 reduced to judgment.
10 (5) The balance, if any, to the inmate upon his
11 discharge.
12 CHAPTER 63 61 <--
13 PENNSYLVANIA BOARD OF PROBATION AND PAROLE
14 Subchapter
15 A. Preliminary Provisions
16 B. Administration
17 C. Powers and Duties
18 D. State Parole AGENTS Officers <--
19 E. County Probation Officers
20 F. Miscellaneous Provisions
21 SUBCHAPTER A
22 PRELIMINARY PROVISIONS
23 Sec.
24 6301. Short title of chapter. <--
25 6302. Definitions.
26 6303. Operation of parole system generally.
27 § 6301. Short title of chapter.
28 This chapter shall be known and may be cited as the Probation
29 and Parole Law.
30 § 6302. Definitions.
20050S0506B1487 - 186 -
1 6101. DEFINITIONS. <--
2 6102. OPERATION OF PAROLE SYSTEM GENERALLY.
3 § 6101. DEFINITIONS.
4 The following words and phrases when used in this chapter
5 shall have the meanings given to them in this section unless the
6 context clearly indicates otherwise:
7 "Board." The Pennsylvania Board of Probation and Parole.
8 § 6303 6102. Operation of parole system generally. <--
9 The parole system shall operate consistent with THE following <--
10 provisions:
11 (1) The parole system provides several benefits to the
12 criminal justice system, including the provision of adequate
13 supervision of the offender while protecting the public, the
14 opportunity for the offender to become a useful member of
15 society and the diversion of appropriate offenders from
16 prison.
17 (2) In providing these benefits to the criminal justice
18 system, the board shall first and foremost seek to protect
19 the safety of the public.
20 (3) In addition to this goal, the board shall address
21 input by crime victims and assist in the fair administration
22 of justice by ensuring the custody, control and treatment of
23 paroled offenders.
24 SUBCHAPTER B
25 ADMINISTRATION
26 Sec.
27 6310. Pennsylvania Board of Probation and Parole. <--
28 6311. Board chairperson.
29 6312. Board action.
30 6313. Salaries of board members.
20050S0506B1487 - 187 -
1 6314. Incompatible offices and removal.
2 6315. Meetings.
3 6316. Official seal.
4 6317. Offices.
5 6318. District supervisors.
6 6319. District office employees.
7 6320. Disciplinary action.
8 6321. Political activities.
9 6322. Advisory committee.
10 6110. PENNSYLVANIA BOARD OF PROBATION AND PAROLE. <--
11 6111. BOARD CHAIRPERSON.
12 6112. BOARD ACTION.
13 6113. SALARIES OF BOARD MEMBERS.
14 6114. INCOMPATIBLE OFFICES AND REMOVAL.
15 6115. MEETINGS.
16 6116. OFFICIAL SEAL.
17 6117. OFFICES.
18 6118. DISTRICT DIRECTORS.
19 6119. DISTRICT OFFICE EMPLOYEES.
20 6120. DISCIPLINARY ACTION.
21 6121. POLITICAL ACTIVITIES.
22 6122. ADVISORY COMMITTEE.
23 § 6310 6110. Pennsylvania Board of Probation and Parole. <--
24 (a) Establishment.--The Pennsylvania Board of Probation and
25 Parole is reestablished as an independent administrative board
26 for the administration of the probation and parole laws of this
27 Commonwealth.
28 (b) Membership.--The board shall consist of nine members who
29 shall be appointed by the Governor, by and with the advice and
30 consent of a majority of the members of the Senate, and each of
20050S0506B1487 - 188 -
1 whom shall hold office for a term of six years or until that
2 person's successor shall have been duly appointed and qualified,
3 but in no event more than 90 days beyond the expiration of that
4 person's appointed term.
5 (c) Vacancies.--
6 (1) Vacancies occurring in an office of member of the
7 board by expiration of term, death, resignation, removal or
8 for any other reason shall be filled in the manner provided
9 by section 8 of Article IV of the Constitution of
10 Pennsylvania for the remainder of the term.
11 (2) Whenever a board member's term expires, that
12 member's position shall be immediately deemed a vacancy, and
13 the Governor shall nominate a person to fill that membership
14 position on the board within 90 days of the date of
15 expiration, even if the member continues to remain on the
16 board.
17 (d) Eligibility.--To be eligible to be appointed by the
18 Governor for membership on the board, an individual shall have
19 at least six years of professional experience in parole,
20 probation, social work or related areas, including one year in a
21 supervisory or administrative capacity, and a bachelor's degree.
22 Any equivalent combination of experience and training shall be
23 acceptable.
24 (e) General powers.--Subject to the provisions of this
25 chapter, the board shall have all the powers and shall perform
26 the duties generally vested in and imposed upon independent
27 administrative boards and commissions by the act of April 9,
28 1929 (P.L.177, No.175), known as The Administrative Code of
29 1929, and shall be subject to all the provisions of that act
30 applicable generally to independent administrative boards and
20050S0506B1487 - 189 -
1 commissions.
2 § 6311 6111. Board chairperson. <--
3 (a) Designation by Governor.--The Governor shall from time
4 to time, as the occasion may arise, designate one of the members
5 of the board to be its chairperson who shall:
6 (1) Direct the operations of the board and fulfill the
7 functions established by this chapter.
8 (2) Secure the effective application of the probation
9 system in all of the courts of this Commonwealth and the
10 enforcement of the probation laws.
11 (3) Preside at all meetings of the board.
12 (4) Perform all the duties and functions of chairperson,
13 including organizing, staffing, controlling, directing and
14 administering the work of the staff.
15 (b) Alternate chairperson.--The board may designate one of
16 its members to act as alternate chairperson during the absence
17 or incapacity of the chairperson and, when so acting, the member
18 so designated shall have and perform all the powers and duties
19 of chairperson of the board, but shall not receive any
20 additional compensation for acting as chairperson.
21 (c) Subject to board policies and procedures.--The
22 chairperson and alternate chairperson, in performing the duties
23 of that office as they relate to parole, reparole and violation
24 and revocation proceedings, shall act in accordance with the
25 policies and procedures established by the board.
26 § 6312 6112. Board action. <--
27 (a) Quorum.--
28 (1) A majority of the board shall constitute a quorum
29 for transacting business and, except as otherwise provided in
30 this chapter, a majority vote of those present at any meeting
20050S0506B1487 - 190 -
1 shall be sufficient for any official action taken by the
2 board.
3 (2) Except as provided in subsections (b), (c) and (d),
4 no person shall be paroled or discharged from parole or have
5 his parole revoked, except by a majority of the entire
6 membership of the board.
7 (b) Panel decisions.--The board may make decisions on
8 parole, reparole, return or revocation in panels of two persons.
9 A panel shall consist of one board member and one hearing
10 examiner or of two board members. Panels shall be appointed by
11 the chairperson or the chairperson's designee.
12 (c) Disagreement within panel.--
13 (1) If there is disagreement on a decision to parole
14 between the members of a panel, the matter shall be decided
15 by a board member appointed by the chairperson or the
16 chairperson's designee, who shall concur with one of the
17 original panel members.
18 (2) If there is disagreement on a revocation decision
19 between the members of the panel, the matter shall be decided
20 by three board members appointed by the chairperson or the
21 chairperson's designee; at least two of these members must
22 not have been on the disagreeing panel, if practicable.
23 (d) Appeal.--
24 (1) An interested party may appeal a revocation decision
25 within 30 days of the board's order. The decision shall be
26 reviewed by three board members appointed by the chairperson
27 or the chairperson's designee.
28 (2) If practicable, at least two of the board members
29 reviewing the decision must not have been on the panel whose
30 decision is being appealed. The three board members deciding
20050S0506B1487 - 191 -
1 the appeal may affirm, reverse or remand the decision of the
2 panel or may order the matter be heard de novo.
3 § 6313 6113. Salaries of board members. <--
4 The Executive Board shall determine the salaries to be paid
5 to the members of the board.
6 § 6314 6114. Incompatible offices and removal. <--
7 (a) General rule.--The members of the board shall not hold
8 any other public office or employment nor engage in any
9 business, profession or employment during their terms of service
10 as members thereof and shall hold their offices during the terms
11 for which they shall have been appointed.
12 (b) Procedure for removal.--
13 (1) A member of the board may be removed by the
14 Governor, by and with the advice and consent of two-thirds of
15 the members of the Senate.
16 (2) During a recess of the Senate, the Governor may
17 suspend a member of the board for cause, and before
18 suspension the Governor shall furnish to the member a
19 statement in writing of the reasons for the proposed
20 suspension of the member. The suspension shall operate and be
21 effective only until the adjournment of the next session of
22 the Senate following the suspension.
23 § 6315 6115. Meetings. <--
24 (a) General rule.--As soon as may be convenient after their
25 appointment, the members of the board shall meet and organize.
26 (b) Appointment of secretary.--The members of the board
27 shall appoint a secretary, who:
28 (1) Shall not be a member of the board.
29 (2) Shall hold office at the pleasure of the board.
30 (3) Shall have such powers and perform such duties not
20050S0506B1487 - 192 -
1 inconsistent with any law of this Commonwealth as the board
2 shall prescribe.
3 (4) Shall receive such compensation as the board shall
4 determine in conformity with the rules of the Executive
5 Board.
6 (c) Temporary secretary.--In the absence or incapacity of
7 the secretary to act, the board may designate such other person
8 as it may choose to perform temporarily the duties of secretary.
9 § 6316 6116. Official seal. <--
10 The board shall adopt an official seal by which its acts and
11 proceedings shall be authenticated and of which the courts shall
12 take judicial notice. The certificate of the chairperson of the
13 board, under the seal of the board and attested by the
14 secretary, shall be accepted in evidence in any judicial
15 proceeding in any court of this Commonwealth as adequate and
16 sufficient proof of the acts and proceedings of the board
17 referenced in the certificate.
18 § 6317 6117. Offices. <--
19 (a) Principal office.--The principal office of the board
20 shall be in Harrisburg, and the board shall appoint and employ
21 such number and character of officers, agents, clerks,
22 stenographers and employees as may be necessary to carry out the
23 purposes of this chapter. The salaries of persons so appointed
24 and employed by the board shall be fixed by the board.
25 (b) District offices.--The board, with the approval of the
26 Governor, shall divide the Commonwealth for administrative
27 purposes into a suitable number of districts, not to exceed ten,
28 in each of which shall be a district office which shall have
29 immediate charge of the supervision of cases of probation and
30 parole arising in the courts of the judicial districts embraced
20050S0506B1487 - 193 -
1 within its territorial limits, but, as occasion may require, the
2 supervision of particular parolees may be transferred by the
3 board to other appropriate parole districts.
4 (c) Location of district offices.--
5 (1) The board shall fix and determine the location of
6 the various district offices within their respective
7 districts, having regard to local conditions in each district
8 and to the most convenient and efficient functioning of the
9 office established in each district.
10 (2) At each of the locations so fixed and determined,
11 the board shall provide such office accommodations,
12 furniture, equipment and supplies as may be reasonably
13 suitable and adequate for the proper handling and dispatch of
14 the parole business of the district.
15 (3) The board may enter into contracts on behalf of the
16 Commonwealth for such office accommodations, furniture,
17 equipment and supplies through the Department of General
18 Services.
19 (d) Consideration for fixing compensation.--In fixing
20 compensation for its officers, clerks and employees under the
21 provisions of this chapter, the board shall have regard to the
22 kind, grade or class of service to be rendered, and whenever any
23 standard compensation has been fixed by the Executive Board for
24 any kind, grade or class of service or employment, the
25 compensation of all persons appointed or employed by the board
26 in the same kind, grade or class shall be fixed by it in
27 accordance with such standard.
28 § 6318. District supervisors. <--
29 § 6118. DISTRICT DIRECTORS. <--
30 (a) Establishment.--Each district parole office shall be in
20050S0506B1487 - 194 -
1 charge of a district supervisor DIRECTOR who: <--
2 (1) Shall be appointed by the board, with the approval
3 of the Governor.
4 (2) Shall receive such annual salary as the board shall
5 determine in conformity with the rules of the Executive
6 Board.
7 (b) Status and role.--The district supervisor DIRECTOR shall <--
8 be the executive head of the district office to which the
9 district supervisor is appointed and shall have the control,
10 management and direction of all employees of the board assigned
11 to the district, subject to the supervision of the board.
12 § 6319 6119. District office employees. <--
13 (a) Board to appoint.--The board shall appoint in the
14 various district offices a sufficient number of parole officers,
15 clerks, stenographers and other agents and employees to fully
16 and efficiently administer the parole laws of this Commonwealth,
17 but no employee of the board, other than its secretary and
18 district supervisors, shall be appointed by the board except in
19 the manner provided by this chapter.
20 (b) Salaries and qualifications.--The salaries of the
21 appointees in subsection (a) shall be fixed by the board. The
22 board shall from time to time by appropriate rule or regulation
23 prescribe the qualifications to be possessed by its personnel.
24 The qualifications shall be such as will best promote the
25 efficient operation of probation and parole.
26 § 6320 6120. Disciplinary action. <--
27 (a) General rule.--Except as otherwise provided in
28 subsection (b), an employee of the board, excluding the
29 secretary and district supervisors, may be removed, discharged
30 or reduced in pay or position only for cause and after being
20050S0506B1487 - 195 -
1 given the reasons therefor in writing and afforded an
2 opportunity to be heard in answer thereto.
3 (b) Exception.--An employee may be suspended without pay and
4 without hearing for a period not exceeding 30 days, but the
5 reason or reasons for the suspension must be given to the
6 employee by the board in writing.
7 (c) Successive suspensions.--There shall not be any
8 successive suspensions of the same employee under this section.
9 § 6321 6121. Political activities. <--
10 (a) General rule.--No member of the board, or officer, clerk
11 or employee thereof, or any person officially connected with the
12 board:
13 (1) Shall take any active part in politics or be a
14 member of or delegate or alternate to any political
15 convention or be present at such convention, except in the
16 performance of that person's official duties under this
17 chapter.
18 (2) Shall serve as a member of or attend the meetings of
19 any committee of any political party, or take any part in
20 political management or political campaigns, or use that
21 person's office to influence political movements, or to
22 influence the action of any other officer, clerk or employee
23 of the board.
24 (3) Shall in any way or manner interfere with or
25 participate in the conduct of any election or the preparation
26 therefor at the polling place, or with the election officers
27 while counting the votes or returning the ballot boxes,
28 books, papers, election paraphernalia and machinery to the
29 place provided by law, or be within any polling place, except
30 for the purpose of voting as speedily as it reasonably can be
20050S0506B1487 - 196 -
1 done or be otherwise within 50 feet or any polling place,
2 except for purposes of ordinary travel or residence during
3 the period of time beginning with one hour preceding the
4 opening of the polls for holding the election and ending with
5 the time when the election officers shall have finished
6 counting the votes and have left the polling place.
7 (4) Shall directly or indirectly make or give, demand or
8 solicit or be in any manner concerned in making, giving,
9 demanding, soliciting or receiving any assessments,
10 subscriptions or contributions, whether voluntary or
11 involuntary, to any political party or for any political
12 purpose whatsoever.
13 (b) Penalty.--Any person who violates any of the provisions
14 of this section:
15 (1) Commits a misdemeanor of the third degree, and, upon
16 conviction thereof, shall be punished by a fine not exceeding
17 $500 and imprisonment not exceeding one year, or both.
18 (2) Shall forfeit that person's office or employment, as
19 the case may be.
20 (3) Shall not thereafter be appointed or employed by the
21 board in any position or capacity whatsoever.
22 (c) Dismissal required.--The board shall dismiss any
23 officer, clerk or employee thereof who shall violate this
24 section from that person's office or employment.
25 § 6322 6122. Advisory committee. <--
26 (a) Establishment.--An advisory committee on probation is
27 reestablished to assist the board.
28 (b) Composition.--The advisory committee shall consist of
29 nine members, seven of whom shall be appointed by the Governor,
30 with the consent of a majority of the members of the Senate. At
20050S0506B1487 - 197 -
1 least two shall be judges of courts of record of this
2 Commonwealth, at least one shall be a county commissioner, at
3 least one shall be a chief county probation officer, and the
4 remaining members shall be qualified in the field of probation
5 and parole either by training or experience. The President pro
6 tempore of the Senate and the Speaker of the House of
7 Representatives shall each appoint a member of their respective
8 houses to serve as members of the committee.
9 (c) Terms.--
10 (1) The term of a member hereafter appointed, except to
11 fill a vacancy, shall be for four years and until their
12 successors have been appointed and qualified, but in no event
13 more than 90 days beyond the expiration of their appointed
14 term.
15 (2) The terms of members of the committee who are
16 appointed by virtue of holding an office as a member of the
17 General Assembly, judge or county commissioner shall continue
18 only so long as that person remains in that office.
19 (3) Vacancies occurring in an office of a member of the
20 advisory committee by expiration of term, death, resignation,
21 removal or for any other reason shall be filled in the manner
22 provided by section 8 of Article IV of the Constitution of
23 Pennsylvania for the remainder of the term.
24 (4) Whenever the term of an advisory committee member,
25 other than one who is a member of the General Assembly,
26 expires, that member's position shall be immediately deemed a
27 vacancy, and the Governor shall nominate a person to fill
28 that membership position on the committee within 90 days of
29 the date of expiration, even if the member continues to
30 remain on the committee. The Governor shall designate one of
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1 the members of the committee as its chairperson.
2 (d) Reimbursement of expenses.--Each member of the advisory
3 committee shall be paid all reasonable and necessary travel and
4 other expenses incurred by him in the performance of his duties.
5 (e) Assistance to be provided.--The advisory committee shall
6 aid the chairperson and the board in formulating and reviewing
7 standards for probation personnel and probation services in the
8 counties.
9 SUBCHAPTER C
10 POWERS AND DUTIES
11 Sec.
12 6331. General powers of board. <--
13 6332. Specific powers of board involving parolees.
14 6333. Supervision of probationer.
15 6334. Sentencing court to transmit records to board.
16 6335. Investigation of circumstances of offense.
17 6336. Right of access to inmates.
18 6337. Parole power.
19 6338. Violation of terms of parole.
20 6339. Parole on motion by board.
21 6340. Victim statements, testimony and participation in
22 hearing.
23 6341. General rules and special regulations.
24 6342. Court-ordered probation in lieu of sentence.
25 6343. Parole without board supervision.
26 6344. Judicial power to release inmates.
27 6131. GENERAL POWERS OF BOARD. <--
28 6132. SPECIFIC POWERS OF BOARD INVOLVING PAROLEES.
29 6133. PROBATION SERVICES.
30 6134. SENTENCING COURT TO TRANSMIT RECORDS TO BOARD.
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1 6135. INVESTIGATION OF CIRCUMSTANCES OF OFFENSE.
2 6136. RIGHT OF ACCESS TO INMATES.
3 6137. PAROLE POWER.
4 6138. VIOLATION OF TERMS OF PAROLE.
5 6139. PAROLE PROCEDURE.
6 6140. VICTIM STATEMENTS, TESTIMONY AND PARTICIPATION IN
7 HEARING.
8 6141. GENERAL RULES AND SPECIAL REGULATIONS.
9 § 6331 6131. General powers of board. <--
10 (a) General rule.--The board shall have the power and its
11 duty shall be:
12 (1) To supervise and make presentence investigations and
13 reports as provided by law.
14 (2) To collect and maintain copies of all presentence
15 investigations and reports.
16 (3) To collect and maintain a record of all persons who
17 are placed on probation and parole.
18 (4) To collect, compile and publish statistical and
19 other information relating to probation and parole work in
20 all courts and such other information the board may deem of
21 value in probation service.
22 (5) To establish, by regulation, uniform Statewide
23 standards for:
24 (i) Presentence investigations.
25 (ii) The supervision of probationers.
26 (iii) The qualifications for probation personnel.
27 (iv) Minimum salaries.
28 (v) Quality of probation service.
29 The standards for the qualifications of probation personnel
30 shall only apply to probation personnel appointed after the
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1 date the standards are established. Should any probation
2 personnel appointed prior to the date the standards were
3 established fail to meet the standards, the court having
4 jurisdiction of such personnel may request the board to
5 establish in-service training for them in accordance with the
6 standards.
7 (6) To adopt regulations establishing specific
8 composition, functions and responsibilities for citizens
9 advisory committees and to receive reports, recommendations
10 or other input concerning parole policies and parole-related
11 concerns from the committees on a regular basis.
12 (7) To adopt regulations establishing criteria for board
13 acceptance of cases for supervision and presentence
14 investigations from counties that on December 31, 1985,
15 maintained adult probation offices and parole systems.
16 (8) To enter into contracts for purchasing community
17 services to assist parolees and to supplement existing
18 programs.
19 (9) To pay the cost of preparole drug screening tests
20 for inmates within the parole release jurisdiction of the
21 board, who are confined in a State or local correctional
22 facility, as required under section 6337 6137 (relating to <--
23 parole power).
24 (10) To enter into contracts which provide for the
25 continuous electronic monitoring of parolees.
26 (11) To establish and provide for intensive supervision
27 units and day reporting centers for the supervision of
28 parolees.
29 (b) Court-appointed probation officers to submit information
30 to board.--A court that appoints a probation officer shall
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1 require the probation officer to submit to the board such
2 information as the board may require on forms prescribed and
3 furnished by the board.
4 (c) Access to county records.--The board shall have free and
5 ready access to all probation and parole records of any county.
6 § 6332 6132. Specific powers of board involving parolees. <--
7 (a) General rule.--The board shall have exclusive power:
8 (1) (i) To parole and reparole, commit and recommit for
9 violations of parole and to discharge from parole all
10 persons sentenced by any court at any time to
11 imprisonment in a correctional facility.
12 (ii) This paragraph applies to inmates sentenced to
13 definite or flat sentences.
14 (2) (i) To supervise any person placed on parole, when
15 sentenced to a maximum period of less than two years, by
16 any judge of a court having criminal jurisdiction, when
17 the court may by special order direct supervision by the
18 board, in which case the parole case shall be known as a
19 special case and the authority of the board with regard
20 thereto shall be the same as provided in this chapter
21 with regard to parole cases within one of the
22 classifications set forth in this chapter.
23 (ii) Except for such special cases, the powers and
24 duties conferred by this section shall not extend to
25 persons sentenced for a maximum period of less than two
26 years.
27 (b) Construction.--Nothing contained in this section shall
28 be construed to prevent a court from paroling any person
29 sentenced by it for a maximum period of less than two years.
30 (c) Definition.--As used in this section, "period of two
20050S0506B1487 - 202 -
1 years" means the entire continuous term of sentence to which a
2 person is subject, whether for one or more sentences, either to
3 simple imprisonment or to an indeterminate imprisonment as
4 authorized by law to be imposed for criminal offenses.
5 § 6333. Supervision of probationer. <--
6 § 6133. PROBATION SERVICES. <--
7 (a) General rule.--The board shall have exclusive power to
8 supervise any person placed on probation by any judge of a court
9 having criminal jurisdiction, when the court by special order
10 directs supervision by the board.
11 (b) Presentence investigations.--The board shall make
12 presentence investigations when requested to do so by the court.
13 (c) Grant-in-aid.--
14 (1) A county that provides additional probation staff
15 for presentence investigations and improved probation
16 supervision and program shall receive a grant-in-aid from the
17 Commonwealth through the board for additional cost incurred
18 thereby but only to the extent that the additional staff and
19 program meet the qualifications and standards established by
20 the board.
21 (2) The grant-in-aid shall provide 80% of the personnel
22 salary costs incurred by a county to administer these
23 additional services and programs.
24 (3) If insufficient funds are appropriated, each county
25 shall receive a prorated reduction in the grant-in-aid.
26 (4) The board shall establish rules and regulations for
27 the allocation of funds available for such grants-in-aid.
28 (d) In-service training.--The board shall provide in-service
29 training for personnel of county probation offices when
30 requested to do so by the court having jurisdiction of the
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1 probation office.
2 § 6334 6134. Sentencing court to transmit records to board. <--
3 (a) Duty to transmit.--A court sentencing any person for a
4 term as to which power to parole is given to the board in this
5 chapter shall transmit to the board, within 30 days after the
6 imposition of the sentence:
7 (1) A copy of the notes of testimony of the sentencing
8 hearing that may have been filed of record in the case.
9 (2) Copies of any criminal identification records
10 secured from the Federal Bureau of Investigation.
11 (3) Copies of presentence investigation reports and
12 behavior clinic reports, if any were submitted to the court,
13 the last two of which records, being confidential records of
14 the court, shall be treated confidentially by the members of
15 the board, who shall not permit examination of the records by
16 anyone other than its duly appointed agents or
17 representatives except upon court order.
18 (b) Recommendations from judge.--
19 (1) A judge may make at any time a recommendation to the
20 board respecting the person sentenced and the term of
21 imprisonment the judge believes that person should be
22 required to serve before a parole is granted to that person.
23 (2) A recommendation made by a judge under paragraph (1)
24 respecting the parole or terms of parole of a person shall be
25 advisory only. No order in respect to the recommendation made
26 or attempted to be made as a part of a sentence shall be
27 binding upon the board in performing the duties and functions
28 conferred on it by this chapter.
29 § 6335 6135. Investigation of circumstances of offense. <--
30 (a) Duty to investigate.--The board, on the commitment to a
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1 correctional facility of any person whom the board is given the
2 power to parole under this chapter, shall consider:
3 (1) The nature and circumstances of the offense
4 committed.
5 (2) Any recommendations made by the trial judge and
6 prosecuting attorney.
7 (3) The general character and background of the inmate.
8 (4) Participation by an inmate sentenced after February
9 19, 1999, and who is serving a sentence for a crime of
10 violence as defined in 42 Pa.C.S. § 9714(g) (relating to
11 sentences for second and subsequent offenses) in a victim
12 impact education program offered by the Department of
13 Corrections.
14 (5) The written or personal statement of the testimony
15 of the victim or the victim's family submitted pursuant to
16 section 6340 6140 (relating to victim statements, testimony <--
17 and participation in hearing).
18 (6) The notes of testimony of the sentencing hearing, if
19 any, together with such additional information regarding the
20 nature and circumstances of the offense committed for which
21 sentence was imposed as may be available.
22 (7) The conduct of the person while in prison and his
23 physical, mental and behavior condition and history, his
24 history of family violence and his complete criminal record.
25 (b) Cooperation of public officials.--A public official who
26 possesses such records or information shall furnish the records
27 or information to the board upon its request and without charge
28 so far as may be practicable while the case is recent.
29 § 6336 6136. Right of access to inmates. <--
30 All prison officials shall:
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1 (1) At all reasonable times grant access to any inmate
2 whom the board has power to parole to the members of the
3 board or its properly accredited representatives.
4 (2) At all reasonable times provide for the board or its
5 properly accredited representative facilities for
6 communicating with and observing an inmate while imprisoned.
7 (3) Furnish to the board from time to time such reports
8 concerning the conduct of inmates in their custody as the
9 board shall by general rule or special order require,
10 together with any other facts deemed pertinent in aiding the
11 board to determine whether such inmates shall be paroled.
12 § 6337 6137. Parole power. <--
13 (a) General criteria for parole.--
14 (1) The board may release on parole any inmate to whom
15 the power to parole is granted to the board by this chapter,
16 except an inmate condemned to death or serving life
17 imprisonment, whenever in its opinion:
18 (i) The best interests of the inmate justify or
19 require the inmate being paroled.
20 (ii) It does not appear that the interests of the
21 Commonwealth will be injured by the inmate being paroled.
22 (2) Parole shall be subject in every instance to the
23 Commonwealth's right to immediately retake and hold in
24 custody without further proceedings any parolee charged after
25 his parole with an additional offense until a determination
26 can be made whether to continue his parole status.
27 (3) The power to parole granted under this section to
28 the board may not be exercised in the board's discretion at
29 any time before, but only after, the expiration of the
30 minimum term of imprisonment fixed by the court in its
20050S0506B1487 - 206 -
1 sentence or by the Board of Pardons in a sentence which has
2 been reduced by commutation.
3 (4) IN NO CASE SHALL THE BOARD ACT UPON AN APPLICATION <--
4 OF AN INMATE:
5 (I) WHOSE TERM OF IMPRISONMENT WAS COMMUTED FROM
6 LIFE TO LIFE ON PAROLE;
7 (II) WHO WAS SERVING A TERM OF IMPRISONMENT FOR A
8 CRIME OF VIOLENCE; OR
9 (III) WHO IS SERVING A SENTENCE UNDER 42 PA.C.S. §
10 9712 (RELATING TO SENTENCES FOR OFFENSES COMMITTED WITH
11 FIREARMS) UNLESS THE INMATE HAS SERVED AT LEAST ONE YEAR
12 IN A PRERELEASE CENTER.
13 (5) UPON PAROLE, A PAROLEE SUBJECT TO PARAGRAPH (3)
14 SHALL BE SUBJECT TO WEEKLY SUPERVISION FOR THE FIRST SIX
15 MONTHS OF PAROLE.
16 (b) Preparole drug screening tests.--
17 (1) The board may not release a person on parole unless
18 the person achieves a negative result within 45 days prior to
19 the date of release in a screening test approved by the
20 Department of Health for the detection of the presence of
21 controlled substances or designer drugs under the act of
22 April 14, 1972 (P.L.233, No.64), known as The Controlled
23 Substance, Drug, Device and Cosmetic Act.
24 (2) The cost of these preparole drug screening tests for
25 inmates subject to the parole release jurisdiction of the
26 board, whether confined in a correctional institution or
27 county prison, shall be paid by the board. The board shall
28 establish rules and regulations for the payment of these
29 costs and may limit the types and cost of these screening
30 tests that would be subject to payment by the board.
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1 (3) (i) The board shall establish, as a condition of
2 continued parole for a parolee who, as an inmate, tested
3 positive for the presence of a controlled substance or a
4 designer drug or who was paroled from a sentence arising
5 from a conviction under The Controlled Substance, Drug,
6 Device and Cosmetic Act or from a drug-related crime, the
7 parolee's achievement of negative results in such
8 screening tests randomly applied.
9 (ii) The random screening tests shall be performed
10 at the discretion of the board, and the parolee
11 undergoing the tests shall be responsible for the costs
12 of the tests.
13 (iii) The funds collected for the tests shall be
14 applied against the contract for such testing between the
15 board and a testing laboratory approved by the Department
16 of Health.
17 (c) Crimes of violence.--The board may not release a person
18 who is sentenced after February 19, 1999, and is serving a
19 sentence for a crime of violence as defined in 42 Pa.C.S. §
20 9714(g) (relating to sentences for second and subsequent
21 offenses) on parole unless the person has received instruction
22 from the Department of Corrections on the impact of crime on
23 victims and the community.
24 (d) Power to recommit.--The board may, during the period for
25 which an inmate shall have been sentenced, recommit the inmate,
26 if paroled, for violation of the terms and conditions of his
27 parole and from time to time to reparole and recommit in the
28 same manner and with the same procedure as in the case of an
29 original parole or recommitment if, in the judgment of the
30 board:
20050S0506B1487 - 208 -
1 (1) There is a reasonable probability that the inmate
2 will be benefited by paroling the inmate again.
3 (2) It does not appear that the interests of the
4 Commonwealth will be injured thereby.
5 (e) Notice to county probation department.--When the board
6 releases a parolee from a correctional facility, the board shall
7 provide written notice to the probation department located in
8 the county where the sentencing order was imposed of the release
9 and new address of the parolee.
10 § 6338 6138. Violation of terms of parole. <--
11 (a) Convicted violators.--
12 (1) A parolee under the jurisdiction of the board
13 released from a correctional facility who, during the period
14 of parole or while delinquent on parole, commits a crime
15 punishable by imprisonment, for which the parolee is
16 convicted or found guilty by a judge or jury or to which the
17 parolee pleads guilty or nolo contendere at any time
18 thereafter in a court of record, may at the discretion of the
19 board be recommitted as a parole violator.
20 (2) If the parolee's recommitment is so ordered, the
21 parolee shall be reentered to serve the remainder of the term
22 which the parolee would have been compelled to serve had the
23 parole not been granted and shall be given no credit for the
24 time at liberty on parole.
25 (3) The board may, in its discretion, reparole whenever,
26 in its opinion, the best interests of the inmate justify or
27 require the inmate's release on parole and it does not appear
28 that the interests of the Commonwealth will be injured
29 thereby.
30 (4) The period of time for which the parole violator is
20050S0506B1487 - 209 -
1 required to serve shall be computed from and begin on the
2 date that the parole violator is taken into custody to be
3 returned to the institution as a parole violator.
4 (5) If a new sentence is imposed on the parolee, the
5 service of the balance of the term originally imposed shall
6 precede the commencement of the new term imposed in the
7 following cases:
8 (i) If a person is paroled from a State correctional
9 institution and the new sentence imposed on the person is
10 to be served in the State correctional institution.
11 (ii) If a person is paroled from a county prison and
12 the new sentence imposed upon him is to be served in the
13 same county prison.
14 (iii) In all other cases, the service of the new
15 term for the latter crime shall precede commencement of
16 the balance of the term originally imposed.
17 (6) Where the new term is to be served last or the
18 balance of the term originally imposed is to be served last,
19 and the service is, in either case, in any correctional
20 facility:
21 (i) Any male person upon recommitment shall be sent <--
22 to the nearest correctional diagnostic and classification <--
23 center for service of the remainder of the original term
24 at that institution as shall be designated by the
25 Secretary of Corrections or his designee.
26 (ii) Any female person shall be recommitted to the
27 State Correctional Institution at Muncy.
28 (b) Subsequent arrest.--
29 (1) The formal filing of a charge after parole against a
30 parolee within this Commonwealth for any violation of the
20050S0506B1487 - 210 -
1 laws of this Commonwealth shall constitute an automatic
2 detainer and permit the parolee to be taken into and held in
3 custody.
4 (2) The automatic detainer shall dissolve 15 days after
5 the parolee is taken into custody unless sooner waived or
6 otherwise superseded by direction of the supervising parole
7 office.
8 (3) The automatic detainer shall be in addition to and
9 not in lieu of any other detainer that prior to the effective
10 date of this chapter may have been lodged in such
11 circumstances.
12 (c) Technical violators.--
13 (1) A parolee under the jurisdiction of the board who is
14 released from a correctional facility and who, during the
15 period of parole, violates the terms and conditions of his
16 parole, other than by the commission of a new crime of which
17 the parolee is convicted or found guilty by a judge or jury
18 or to which the parolee pleads guilty or nolo contendere in a
19 court of record, may be recommitted after a hearing before
20 the board.
21 (2) If the parolee is so recommitted, the parolee shall
22 be given credit for the time served on parole in good
23 standing but with no credit for delinquent time and may be
24 reentered to serve the remainder of the original sentence or
25 sentences.
26 (3) The remainder shall be computed by the board from
27 the time the parolee's delinquent conduct occurred for the
28 unexpired period of the maximum sentence imposed by the court
29 without credit for the period the parolee was delinquent on
30 parole. The parolee shall serve the remainder so computed
20050S0506B1487 - 211 -
1 from the date the parolee is taken into custody on the
2 warrant of the board.
3 (4) The parolee shall be subject to reparole by the
4 board whenever in its opinion the best interests of the
5 inmate justify or require the parolee being reparoled and it
6 does not appear that the interests of the Commonwealth will
7 be injured reparoling the parolee.
8 (d) Recommitment.--A technical violator under subsection (c)
9 shall be recommitted to a correctional facility for service of
10 the balance of the term originally imposed as follows:
11 (1) If paroled from a county prison, to the same
12 institution or to any other institution to which legally
13 transferred.
14 (2) If paroled from the State Correctional Institution
15 at Camp Hill and on recommitment the person has not attained
16 21 years of age, to the same institution.
17 (3) If paroled from the State Correctional Institution
18 at Muncy, to the same institution.
19 (4) If paroled from any other State correctional
20 institution, to the nearest correctional diagnostic and
21 classification center wherein the person shall be classified
22 for service of the balance of the term in the institution as
23 shall be designated by the Secretary of Corrections or his
24 designee.
25 § 6339. Parole on motion by board. <--
26 (a) Procedure.--
27 § 6139. PAROLE PROCEDURE. <--
28 (A) SPECIFIC REQUIREMENTS.--
29 (1) The board may, subject to the provisions and
30 limitations set forth in section 6338 6138 (relating to <--
20050S0506B1487 - 212 -
1 violation of terms of parole), grant paroles of its own
2 motion whenever in its judgment the interests of justice
3 require the granting of these paroles.
4 (2) The board shall consider applications for parole by
5 an inmate or the inmate's attorney.
6 (3) Notwithstanding the provisions of paragraph (2), the
7 board shall not be required to consider nor dispose of an
8 application by an inmate or an inmate's attorney where a
9 parole decision has been issued by the board on that case
10 within one year of the date of the current application for
11 parole.
12 (4) Hearings of applications shall be held by the board
13 whenever in its judgment hearings are necessary. Reasonable
14 rules and regulations shall be adopted by the board for the
15 presentation and hearing of applications for parole.
16 (5) Whenever an inmate is paroled by the board, whether
17 of its own motion or after hearing of an application for
18 parole, or whenever an application for parole is refused by
19 the board, a brief statement of the reasons for the board's
20 action shall be filed of record in the offices of the board
21 and shall be at all reasonable times open to public
22 inspection.
23 (6) In no case shall a parole be granted, or an
24 application for parole be dismissed, unless a board member,
25 hearing examiner or other person so designated by the board
26 shall have seen and heard the parolee in person in regard
27 thereto within six months prior to the granting or dismissal
28 thereof.
29 (7) The board shall dispose of the application within
30 six months of its filing.
20050S0506B1487 - 213 -
1 (b) Reliance on reports.--In granting and revoking paroles,
2 and in discharging from parole, the members of the board acting
3 thereon shall not be required to personally hear or see all the
4 witnesses and evidence submitted to them for their action, but
5 they may act on the report submitted to them by their agents and
6 employees, together with any pertinent and adequate information
7 furnished to them by fellow members of the board or by others.
8 (c) Notice to district attorney.--At least ten days before
9 paroling an inmate on its own motion, the board shall give
10 written notice of the contemplated parole to the district
11 attorney of the county in which the inmate was sentenced, and,
12 in cases of hearings on applications for parole as provided for
13 in this section, at least ten days' written notice of the time
14 and place fixed for such hearing shall be given either by the
15 board or by the applicant, as the board shall direct, to the
16 court and district attorney of the county in which the applicant
17 was sentenced.
18 § 6340 6140. Victim statements, testimony and participation in <--
19 hearing.
20 (a) Duty of district attorney to provide notice.--
21 (1) The victim of the offense for which an inmate is
22 sentenced shall be notified by the district attorney
23 immediately following sentencing, in cases where the
24 defendant has been sentenced to a term of imprisonment, that
25 the victim or family member shall have the opportunity to
26 present a statement for the parole report to be considered at
27 the parole hearing or to testify to the parole board
28 expressing his opinion concerning the release of the inmate.
29 (2) The district attorney shall provide notice to a
30 member of the immediate family of the victim if the victim:
20050S0506B1487 - 214 -
1 (i) is a juvenile;
2 (ii) is incapable of testifying; or
3 (iii) died as a result of the defendant's conduct.
4 (b) Notice of intent to submit statement.--In order to
5 submit a statement under subsection (a), a victim or family
6 member must notify the board of his intention to do so and
7 provide and keep current an appropriate mailing address with the
8 board.
9 (c) Contents of parole report.--The parole report may
10 include a statement concerning:
11 (1) The continuing nature and extent of any physical
12 harm or psychological or emotional harm or trauma suffered by
13 the victim.
14 (2) The extent of any loss of earnings or ability to
15 work suffered by the victim.
16 (3) The continuing effect of the crime upon the victim's
17 family.
18 (d) Notice to persons who previously contacted the board.--
19 (1) At the time public notice is given that an inmate is
20 being considered for parole pursuant to this section, the
21 board shall also notify any victim or nearest relative who
22 has previously contacted the board of the availability to
23 provide a statement for inclusion in the parole report or to
24 present testimony for inclusion at the parole hearing.
25 (2) The board shall notify the person identified under
26 paragraph (1) at the person's last known mailing address. The
27 notification required by this section shall be given by the
28 board in the case of a parole to be granted pursuant to
29 section 6339 (relating to sua sponte board parole) 6139 <--
30 (RELATING TO PAROLE PROCEDURE) or by the court in the case of
20050S0506B1487 - 215 -
1 a parole to be granted pursuant to section 6333 (relating to <--
2 supervision of probationer) 6133 (RELATING TO PROBATION <--
3 SERVICES).
4 (e) Notice of intent to present testimony.--The victim or
5 family member shall notify the board within 30 days from the
6 date of the notice of his intent to present testimony at the
7 parole hearing. This time period may be waived by the board for
8 good cause.
9 (f) Referral to hearing officer.--If the victim or family
10 member submits a written statement to the board subsequent to
11 notice, the statement shall be made a part of the board's file
12 on the inmate, and the inmate's case shall be referred to a
13 hearing officer designated to conduct parole release hearings.
14 (g) Assignment to hearing examiner.--If the victim or family
15 member informs the board subsequent to notice being provided
16 that the person intends to testify, the chairperson shall assign
17 the inmate's case to a hearing examiner for the purpose of
18 receiving the person's testimony.
19 (h) Hearing procedure.--
20 (1) The assigned hearing examiner shall conduct a
21 hearing within 30 days from the date the board received
22 notification of the intent to offer testimony.
23 (2) The hearing shall be conducted at a time and place
24 and on a date determined by the chairperson or designee.
25 Notice of the time, place and date of the hearing shall be
26 provided to the victim or family member, in writing, and
27 shall be mailed at least ten days prior to the hearing date.
28 (3) The hearing shall be recorded by an electronic
29 recording device.
30 (4) The hearing examiner shall prepare a written report
20050S0506B1487 - 216 -
1 within a reasonable amount of time prior to the hearing date.
2 A copy of the report shall be forwarded to the person
3 offering testimony. A copy of the report shall be made a part
4 of the board's file on the inmate.
5 (5) Upon completion of the written report, the inmate's
6 case shall be referred to a hearing examiner designated to
7 conduct parole release hearings.
8 (6) (i) The hearing scheduled pursuant to this section
9 shall be conducted, when possible, prior to a parole
10 release hearing and prior to the board rendering a
11 decision.
12 (ii) Nothing in this section shall be construed to
13 preclude the board from conducting a timely parole
14 release hearing.
15 (7) After submission of the report, the board shall
16 within a reasonable amount of time:
17 (i) Evaluate the information provided.
18 (ii) Determine whether the decision shall be
19 affirmed or modified.
20 (iii) Determine whether a rescission hearing shall
21 be conducted.
22 (iv) Notify the inmate in writing of its decision.
23 (8) Any and all statements or testimony of the victim or
24 family member submitted to the board pertaining to:
25 (i) the continuing nature and extent of any physical
26 harm or psychological or emotional harm or trauma
27 suffered by the victim;
28 (ii) the extent of any loss of earnings or ability
29 to work suffered by the victim; and
30 (iii) the continuing effect of the crime upon the
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1 victim's family shall not be deemed confidential and
2 shall be released to the inmate unless the withholding of
3 the statements or testimony is requested by the victim
4 and the hearing officer determines that the release of
5 the statements or testimony would endanger the safety of
6 the person providing the statements or testifying. The
7 board on its own motion may for good cause identify all
8 or part of the statements or testimony as confidential.
9 (9) All records maintained by the board pertaining to
10 victims shall be kept separate and current address
11 information of the victim or family members shall be deemed
12 confidential.
13 (10) A victim or the family member who has submitted a
14 written statement for the parole report or testified at a
15 hearing pursuant to this section shall be notified by the
16 board of the final decision rendered in the inmate's case.
17 (11) If the final decision is to not release the inmate
18 and if, subsequent to that decision, additional parole
19 release hearings are conducted for that same inmate, then the
20 victim or family member who has submitted a written statement
21 for the parole report or who has testified at a hearing
22 pursuant to this section shall be notified by the board at
23 the last known address if and when additional parole hearings
24 are scheduled by the board.
25 § 6341 6141. General rules and special regulations. <--
26 The board may make general rules for the conduct and
27 supervision of persons placed on parole and may, in particular
28 cases, as it deems necessary to effectuate the purpose of
29 parole, prescribe special regulations for particular persons.
30 § 6342. Court-ordered probation in lieu of sentence. <--
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1 Whenever a person is found guilty of a criminal offense by
2 verdict of a jury, plea or otherwise, except murder in the first
3 degree, in any court, the court may, in its discretion, if it
4 believes that:
5 (1) the character of the person and the circumstances of
6 the case to be such that the person is not likely again to
7 engage in a course of criminal conduct; and
8 (2) the public good does not demand or require the
9 imposition of a sentence to imprisonment, instead of imposing
10 the sentence, place the person on probation for such definite
11 period as the court shall direct, not exceeding the maximum
12 period of imprisonment allowed by law for the offense for
13 which the sentence might be imposed.
14 § 6343. Parole without board supervision.
15 A sentencing court shall grant parole from a term of
16 imprisonment for less than a maximum period of two years, and,
17 together with all probations except probation as to which
18 supervision is specially ordered by the court as provided for in
19 section 6342 (relating to court-ordered probation in lieu of
20 sentence), parole shall be without supervision by the board.
21 § 6344. Judicial power to release inmates.
22 (a) General rule.--Except as otherwise provided under this
23 chapter, a court of this Commonwealth or other court of record
24 having jurisdiction may, after due hearing, release on parole an
25 inmate in the county correctional institution of that judicial
26 district.
27 (b) Petition required.--No inmate may be paroled under this
28 section except on petition verified by the oath of the inmate or
29 by the inmate's representative and presented and filed in the
30 court in which the inmate was convicted.
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1 (c) Hearing.--On presentation of the petition, the court
2 shall fix a day for the hearing. A copy of the petition shall be
3 served on the district attorney and prosecutor in the case at
4 least ten days before the day fixed for the hearing. Proof of
5 service on the district attorney and the prosecutor shall be
6 produced at the hearing.
7 (d) Order.--After the hearing, the court shall make such
8 order as it may deem just and proper. In case the court paroles
9 the inmate, it shall place the inmate in the charge of and under
10 the supervision of a designated probation officer.
11 (e) Recommit.--The court may, on cause shown by the
12 probation officer that the inmate has violated his parole,
13 recommit and reparole the inmate in the same manner and by the
14 same procedure as in the case of the original parole if, in the
15 judgment of the court, there is a reasonable probability that
16 the inmate will benefit by being paroled. The court may also
17 recommit for violation of that parole.
18 (f) Limitation.--
19 (1) Subject to the provisions of paragraph (2), the
20 power of a court to parole an inmate under this section shall
21 extend for a period not to exceed the maximum sentence
22 provided by law for the offense of which the inmate was
23 convicted, regardless of the sentence first imposed upon the
24 prisoner.
25 (2) A court may release on parole, on petition to any
26 other court, an inmate committed to a correctional
27 institution by any district justice and shall have the same
28 power to recommit an inmate paroled under this section.
29 SUBCHAPTER D
30 STATE PAROLE OFFICERS AGENTS <--
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1 Sec.
2 6351. Definitions. <--
3 6352. Status as peace officers.
4 6353. Supervisory relationship to offenders.
5 6151. DEFINITIONS. <--
6 6152. STATUS AS PEACE OFFICERS.
7 6153. SUPERVISORY RELATIONSHIP TO OFFENDERS.
8 § 6351 6151. Definitions. <--
9 The following words and phrases when used in this subchapter
10 shall have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Agent." A parole officer STATE PAROLE AGENT appointed by <--
13 the board.
14 "Conditions of supervision." Any terms or conditions of the
15 offender's supervision, whether imposed by the court, the board
16 or an agent, including compliance with all requirements of
17 Federal, State and local law.
18 "Contraband." Any item that the offender is not permitted to
19 possess under the conditions of supervision, including any item
20 whose possession is forbidden by any Federal, State or local
21 law.
22 "Court." The court of common pleas or any judge thereof, the
23 Philadelphia Municipal Court or any judge thereof, the
24 Pittsburgh Magistrates Court or any judge thereof or any
25 district justice MAGISTERIAL DISTRICT JUDGE. <--
26 "Exigent circumstances." The term includes, but is not
27 limited to, suspicion that contraband or other evidence of
28 violations of the conditions of supervision might be destroyed
29 or suspicion that a weapon might be used. Exigent circumstances
30 always exist with respect to a vehicle.
20050S0506B1487 - 221 -
1 "Offender." Any person subject to the parole or probationary
2 supervision of the board.
3 "Personal search." A warrantless search of an offender's
4 person, including, but not limited to, the offender's clothing
5 and any personal property which is in the possession, within the
6 reach or under the control of the offender.
7 "Property search." A warrantless search of real property,
8 vehicle or personal property which is in the possession or under
9 the control of the offender.
10 "Real property." Any residence or business property of an
11 offender, including all portions of the property to which the
12 offender has access.
13 "Supervisor." Any individual acting in a supervisory or
14 administrative capacity.
15 § 6352 6152. Status as peace officers. <--
16 An agent is declared to be a peace officer and is given
17 police power and authority throughout this Commonwealth to
18 arrest without warrant, writ, rule or process any parolee or
19 probationer under the supervision of the board for failing to
20 report as required by the terms of his probation or parole or
21 for any other violation of the probation or parole.
22 § 6353 6153. Supervisory relationship to offenders. <--
23 (a) General rule.--Agents in a supervisory relationship with
24 their offenders. The purpose of this supervision is to assist
25 the offenders in their rehabilitation and reassimilation into
26 the community and to protect the public.
27 (b) Searches and seizures authorized.--
28 (1) Agents may search the person and property of
29 offenders in accordance with the provisions of this section.
30 (2) Nothing in this section shall be construed to permit
20050S0506B1487 - 222 -
1 searches or seizures in violation of the Constitution of the
2 United States or section 8 of Article I of the Constitution
3 of Pennsylvania.
4 (c) Effect of violation.--No violation of this section shall
5 constitute an independent ground for suppression of evidence in
6 any probation or parole proceeding or criminal proceeding.
7 (d) Grounds for personal search of offender.--
8 (1) A personal search of an offender may be conducted by
9 an agent:
10 (i) if there is a reasonable suspicion to believe
11 that the offender possesses contraband or other evidence
12 of violations of the conditions of supervision;
13 (ii) when an offender is transported or taken into
14 custody; or
15 (iii) upon an offender entering or leaving the
16 securing enclosure of a correctional institution, jail or
17 detention facility.
18 (2) A property search may be conducted by an agent if
19 there is reasonable suspicion to believe that the real or
20 other property in the possession of or under the control of
21 the offender contains contraband or other evidence of
22 violations of the conditions of supervision.
23 (3) Prior approval of a supervisor shall be obtained for
24 a property search absent exigent circumstances. No prior
25 approval shall be required for a personal search.
26 (4) A written report of every property search conducted
27 without prior approval shall be prepared by the agent who
28 conducted the search and filed in the offender's case record.
29 The exigent circumstances shall be stated in the report.
30 (5) The offender may be detained if he is present during
20050S0506B1487 - 223 -
1 a property search. If the offender is not present during a
2 property search, the agent in charge of the search shall make
3 a reasonable effort to provide the offender with notice of
4 the search, including a list of the items seized, after the
5 search is completed.
6 (6) The existence of reasonable suspicion to search
7 shall be determined in accordance with constitutional search
8 and seizure provisions as applied by judicial decision. In
9 accordance with such case law, the following factors, where
10 applicable, may be taken into account:
11 (i) The observations of agents.
12 (ii) Information provided by others.
13 (iii) The activities of the offender.
14 (iv) Information provided by the offender.
15 (v) The experience of agents with the offender.
16 (vi) The experience of agents in similar
17 circumstances.
18 (vii) The prior criminal and supervisory history of
19 the offender.
20 (viii) The need to verify compliance with the
21 conditions of supervision.
22 (e) Nonresident offenders.--No agent shall conduct a
23 personal or property search of an offender who is residing in a
24 foreign state except for the limited purposes permitted under
25 the Interstate Compact for the Supervision of Offenders and
26 Probationers. The offender is held accountable to the rules of
27 both the sending state and the receiving state. Any personal or
28 property search of an offender residing in another state shall
29 be conducted by an agent of the receiving state.
30 (f) When authority is effective.--The authority granted to
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1 agents under this section shall be effective upon enactment of
2 this section, without the necessity of any further regulation by
3 the board.
4 SUBCHAPTER E <--
5 COUNTY PROBATION OFFICERS
6 Sec.
7 6361. Definitions.
8 6362. Supervisory relationship to offenders.
9 6363. Peace officer power for probation officers.
10 § 6361. Definitions.
11 The following words and phrases when used in this subchapter
12 shall have the meanings given in this section unless the context
13 clearly indicates otherwise:
14 "ARD." Accelerated Rehabilitative Disposition.
15 "Conditions of supervision." Any terms or conditions of an
16 offender's supervision whether imposed by the court or an
17 officer, including compliance with all requirements of Federal,
18 State and local law.
19 "Contraband." Any item that an offender is not permitted to
20 possess under the conditions of supervision, including any item
21 whose possession is forbidden by any Federal, State or local
22 law.
23 "Court." The court of common pleas or any judge thereof, the
24 Philadelphia Municipal Court or any judge thereof, the
25 Pittsburgh Magistrates Court or any judge thereof or any
26 district justice.
27 "Exigent circumstances." The term includes, but is not
28 limited to, suspicion that contraband or other evidence of
29 violations of the conditions of supervision might be destroyed
30 or suspicion that a weapon might be used. Exigent circumstances
20050S0506B1487 - 225 -
1 always exist with respect to a vehicle.
2 "Offender." A person released on county probation,
3 intermediate punishment or county parole. The term shall not
4 include any person serving a period of probation pursuant to
5 Accelerated Rehabilitative Disposition, except as authorized
6 under section 6362(b)(relating to supervisory relationship to
7 offenders).
8 "Officer." A probation or parole officer appointed or
9 employed by any court or by any county department of probation
10 and parole to supervise persons released on county probation or
11 parole.
12 "Personal search." A warrantless search of an offender's
13 person, including, but not limited to, the offender's clothing
14 and any personal property which is in the possession, within the
15 reach or under the control of the offender.
16 "Property search." A warrantless search of real property,
17 vehicle or personal property which is in the possession or under
18 the control of an offender.
19 "Real property." Any residence or business property of an
20 offender, including all portions of the property to which the
21 offender has access.
22 "Supervisor." An individual acting in a supervisory or
23 administrative capacity.
24 § 6362. Supervisory relationship to offenders.
25 (a) General rule.--Officers are in a supervisory
26 relationship with their offenders. The purpose of this
27 supervision is to assist the offenders in their rehabilitation
28 and reassimilation into the community and to protect the public.
29 (b) Searches and seizures authorized.--
30 (1) Officers and, where they are responsible for the
20050S0506B1487 - 226 -
1 supervision of county offenders, State parole agents may
2 search the person and property of offenders in accordance
3 with the provisions of this section.
4 (2) (i) Officers may search, in accordance with the
5 provisions of this section, the person and property of
6 any offender who accepts ARD as a result of a charge of a
7 violation of 18 Pa.C.S. Ch. 31 (relating to sexual
8 offenses) if the court has determined that the offender
9 shall be subject to personal and property searches as a
10 condition of the offender's participation in the ARD
11 program.
12 (ii) The court shall notify each offender so offered
13 ARD, prior to admission to an ARD program, that the
14 offender shall be subject to searches in accordance with
15 this section.
16 (iii) Nothing in this section shall be construed to
17 permit searches or seizures in violation of the
18 Constitution of the United States or section 8 of Article
19 I of the Constitution of Pennsylvania.
20 (c) Effect of violation.--No violation of this section shall
21 constitute an independent ground for suppression of evidence in
22 any probation and parole or criminal proceeding.
23 (d) Grounds for personal search.--
24 (1) A personal search of an offender may be conducted by
25 an officer:
26 (i) if there is a reasonable suspicion to believe
27 that the offender possesses contraband or other evidence
28 of violations of the conditions of supervision;
29 (ii) when an offender is transported or taken into
30 custody; or
20050S0506B1487 - 227 -
1 (iii) upon an offender entering or leaving the
2 securing enclosure of a correctional institution, jail or
3 detention facility.
4 (2) A property search may be conducted by an officer if
5 there is reasonable suspicion to believe that the real or
6 other property in the possession of or under the control of
7 the offender contains contraband or other evidence of
8 violations of the conditions of supervision.
9 (3) Prior approval of a supervisor shall be obtained for
10 a property search absent exigent circumstances. No prior
11 approval shall be required for a personal search.
12 (4) A written report of every property search conducted
13 without prior approval shall be prepared by the officer who
14 conducted the search and filed in the offender's case record.
15 The exigent circumstances shall be stated in the report.
16 (5) The offender may be detained if he is present during
17 a property search. If the offender is not present during a
18 property search, the officer in charge of the search shall
19 make a reasonable effort to provide the offender with notice
20 of the search, including a list of the items seized, after
21 the search is completed.
22 (6) The existence of reasonable suspicion to search
23 shall be determined in accordance with constitutional search
24 and seizure provisions as applied by judicial decision. In
25 accordance with such case law, the following factors, where
26 applicable, may be taken into account:
27 (i) The observations of officers.
28 (ii) Information provided by others.
29 (iii) The activities of the offender.
30 (iv) Information provided by the offender.
20050S0506B1487 - 228 -
1 (v) The experience of the officers with the
2 offender.
3 (vi) The experience of officers in similar
4 circumstances.
5 (vii) The prior criminal and supervisory history of
6 the offender.
7 (viii) The need to verify compliance with the
8 conditions of supervision.
9 (e) Nonresident offenders.--No officer shall conduct a
10 personal or property search of an offender who is residing in a
11 foreign state except for the limited purposes permitted under
12 the Interstate Compact for the Supervision of Parolees and
13 Probationers. The offender is held accountable to the rules of
14 both the sending state and the receiving state. Any personal or
15 property search of an offender residing in another state shall
16 be conducted by an officer of the receiving state.
17 (f) When authority is effective.--The authority granted to
18 the officers under this section shall be effective upon
19 enactment of this section, without the necessity of any further
20 regulation by the board.
21 § 6363. Peace officer power for probation officers.
22 An officer is declared to be a peace officer and shall have
23 police powers and authority throughout this Commonwealth to
24 arrest with or without warrant, writ, rule or process any person
25 on probation, intermediate punishment or parole under the
26 supervision of the court for failing to report as required by
27 the terms of that person's probation, intermediate punishment or
28 parole or for any other violation of that person's probation,
29 intermediate punishment or parole.
30 SUBCHAPTER F
20050S0506B1487 - 229 -
1 MISCELLANEOUS PROVISIONS
2 Sec.
3 6371. Applicability.
4 6372. Scope.
5 6373. Board powers involving individuals granted clemency.
6 6374. Board of Pardons.
7 § 6371. Applicability.
8 Notwithstanding any other provision of this chapter:
9 (1) This chapter shall not apply to persons committed to
10 institutions for the discipline or correction of juveniles,
11 correctional institutions under sentence by a district
12 justice or magistrate, or persons committed in default of
13 payment of any fine or of bail.
14 (2) This chapter shall apply to inmates confined in the
15 State Correctional Institution at Camp Hill, the State
16 Correctional Institution at Muncy and the State Correctional
17 Institution at Huntingdon, when the maximum sentence which
18 could have been imposed for the crime of which the inmate was
19 convicted equals or exceeds two years, including juveniles
20 under 18 years of age serving sentence in these institutions,
21 but exclusive of juveniles committed to these institutions.
22 § 6372. Scope.
23 The provisions of this chapter shall apply to all persons
24 who, at the effective date of this section, may be on parole or
25 liable to be placed on parole under existing laws with the same
26 force and effect as if this chapter had been in operation at the
27 time such persons were placed on parole or became liable to be
28 placed on parole, as the case may be.
29 § 6373. Board powers involving individuals granted clemency.
30 (a) General rule.--The board shall have the following powers
20050S0506B1487 - 230 -
1 and duties with regard to the Board of Pardons and individuals
2 granted clemency by the Governor who are subject to parole
3 supervision by the board:
4 (1) Make investigations and recommendations to the Board
5 of Pardons in cases coming before it and upon its request.
6 The investigations shall include all information set forth
7 under section 6335 (relating to investigation of
8 circumstances of offense), including a risk assessment if the
9 applicant is incarcerated.
10 (2) Immediately notify the Board of Pardons when a
11 parolee has violated a condition of parole. This shall apply
12 to parolees under supervision by other jurisdictions through
13 the interstate compact.
14 (3) (i) In no case shall the board act upon an
15 application of an inmate:
16 (A) whose term of imprisonment was commuted from
17 life to life on parole;
18 (B) who was serving a term of imprisonment for a
19 crime of violence; or
20 (C) who is serving a sentence under 42 Pa.C.S. §
21 9712 (relating to sentences for offenses committed
22 with firearms), unless the inmate has served at least
23 one year in a prerelease center.
24 (ii) The transfer of the inmate to a prerelease
25 center shall not occur where the transfer is not
26 appropriate due to a certified terminal illness.
27 (iii) Upon parole, a parolee subject to subparagraph
28 (i) shall be subject to weekly supervision for the first
29 six months of parole.
30 (iv) The parolee shall not be paroled to another
20050S0506B1487 - 231 -
1 jurisdiction unless the jurisdiction will provide weekly
2 supervision for the first six months of parole.
3 (b) Definition.--As used in this section, the term "crime of
4 violence" means:
5 (1) Murder of the third degree, voluntary manslaughter,
6 rape, sexual assault, involuntary deviate sexual intercourse,
7 robbery as defined in 18 Pa.C.S. § 3701(a)(1)(i), (ii) or
8 (iii) (relating to robbery), robbery of a motor vehicle,
9 arson as defined in 18 Pa.C.S. § 3301(a) (relating to arson
10 and related offenses), aggravated assault as defined in 18
11 Pa.C.S. § 2702(a)(1) (relating to aggravated assault) or
12 kidnapping.
13 (2) An attempt to commit voluntary manslaughter, rape,
14 involuntary deviate sexual intercourse, robbery as defined in
15 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii), aggravated assault
16 as defined in 18 Pa.C.S. § 2702(a)(1) or kidnapping.
17 § 6374. Board of Pardons.
18 (a) Supervision over paroled inmates.--The Board of Pardons
19 shall have jurisdiction to supervise the conduct, during the
20 period of parole, of all inmates released on parole from the
21 State correctional institutions. For the purpose of carrying out
22 the provisions of this section, the Attorney General may
23 appoint, for the work of the Board of Pardons, a Supervisor of
24 Paroles and such field agents as may be necessary, whose
25 compensation shall be fixed as provided by law in the case of
26 other employees of the Office of Attorney General.
27 (b) Powers and duties.--The Board of Pardons shall have the
28 following powers and duties:
29 (1) To establish standards to govern the selection of
30 field agents for the supervision of parolees and to govern
20050S0506B1487 - 232 -
1 the supervision of parolees.
2 (2) To prepare and furnish to the warden of each State
3 correctional institution and to the Superintendent of
4 Pennsylvania Industrial Reformatory, forms upon which shall
5 be recorded a detailed statement, concerning every inmate
6 paroled from the institution.
7 (3) To consider ways and means of coordinating the
8 pardon and parole work of the Commonwealth.
9 (4) To keep itself informed concerning methods used in
10 preparing and selecting parolees in the penal institutions of
11 this Commonwealth and to recommend to the Governor for
12 presentation to the General Assembly whatever changes it
13 deems advisable for the improvement of the parole system as a
14 whole.
15 (5) To cause to be furnished to the warden of each state
16 correctional institution and to the Superintendent of the
17 Pennsylvania Industrial Reformatory, such information as may
18 be requested by them to determine the time that inmates shall
19 be continued on parole, to determine the kind and character
20 of employment offered to applicants for parole and the
21 reliability of the intended employer.
22 (6) To divide this Commonwealth into as many
23 geographical districts as may be necessary for the adequate
24 supervision of inmates who are paroled from the State
25 correctional institutions and the Pennsylvania Industrial
26 Reformatory, and may, from time to time, change the area,
27 location and number of such districts. It may assign one or
28 more field agents to each geographical district. Any field
29 parole agent shall have full authority to arrest and detain
30 any parolee who has violated the terms of the parolee's
20050S0506B1487 - 233 -
1 parole, under any warrant issued by the State Board of
2 Pardons or the Board of Trustees of the Pennsylvania
3 Industrial Reformatory, for the arrest of the parolee.
4 (c) Cooperation with police.--All employees of the Office of
5 Attorney General assigned to the Board of Pardons shall
6 cooperate with the police officers of this Commonwealth and of
7 its several political subdivisions, by supplying them with
8 complete information concerning the character and business
9 responsibility of any proposed employer of any parolee and
10 concerning any parolee who has failed to observe the conditions
11 of that parolee's parole. At the request of the Board of
12 Trustees of any of the State correctional institutions or of the
13 Pennsylvania Industrial Reformatory, it shall direct the field
14 parole agents under its supervision to secure detailed
15 information concerning the personal, family, social and
16 industrial history of any inmate and the inmate's probable
17 environment during parole and shall submit such information to
18 the Board of Pardons within a reasonable time.
19 (d) State correctional institution participation.--The Board
20 of Pardons shall invite a representative of each State
21 correctional institution and of the Pennsylvania Industrial
22 Reformatory to sit with it whenever it is considering any
23 matters which this section requires it to consider.
24 (e) Reports.--Every inmate of a State correctional
25 institution or of the Pennsylvania Industrial Reformatory
26 released on parole, shall be committed to the custody of such
27 person as shall be designated by the Board of Pardons and shall
28 make such reports in writing and fulfill such conditions as the
29 board may direct.
30 (f) Applicability.--Nothing in this section shall apply to
20050S0506B1487 - 234 -
1 dependent, neglected, incorrigible or delinquent children.
2 (g) Construction.--Nothing contained in this section shall
3 be construed to:
4 (1) Derogate from the power of the judges of the courts
5 of common pleas or other court of record having jurisdiction
6 of the several judicial districts of the Commonwealth. After
7 due inquiry, to release on parole any person confined in a
8 county correctional institution in their respective
9 districts, as provided in section 6344 (relating to judicial
10 power to release inmates).
11 (2) Derogate from the power of boards of trustees of a
12 State correctional institution to make recommendations for
13 paroles to the Board of Pardons, or from the paroling power
14 of the Board of Pardons or of the Governor.
15 (3) Derogate from the power and authority of the Board
16 of Trustees of the Pennsylvania Industrial Reformatory at
17 Huntingdon to parole inmates.
18 CHAPTER 65
19 COUNTY PROBATION AND PAROLE OFFICERS'
20 FIREARM EDUCATION AND TRAINING
21 Sec.
22 6501. Short title of chapter.
23 6502. Definitions.
24 6503. County Probation and Parole Officers' Firearm Education
25 and Training Commission.
26 6504. Commission membership.
27 6505. Powers and duties of commission.
28 6506. Training mandatory.
29 6507. Requirements for program participation or waiver.
30 6508. County Probation and Parole Officers' Firearm Education
20050S0506B1487 - 235 -
1 and Training Fund.
2 6509. Applicability.
3 CHAPTER 63 <--
4 COUNTY PROBATION OFFICERS'
5 FIREARM EDUCATION AND TRAINING
6 SEC.
7 6301. SHORT TITLE OF CHAPTER.
8 6302. DEFINITIONS.
9 6303. COUNTY PROBATION OFFICERS' FIREARM EDUCATION AND
10 TRAINING COMMISSION.
11 6304. COMMISSION MEMBERSHIP.
12 6305. POWERS AND DUTIES OF COMMISSION.
13 6306. TRAINING MANDATORY.
14 6307. REQUIREMENTS FOR PROGRAM PARTICIPATION OR WAIVER.
15 6308. COUNTY PROBATION OFFICERS' FIREARM EDUCATION
16 AND TRAINING FUND.
17 6309. APPLICABILITY.
18 § 6501 6301. Short title of chapter. <--
19 This chapter shall be known and may be cited as the County
20 Probation and Parole Officers' Firearm Education and Training <--
21 Law.
22 § 6502 6302. Definitions. <--
23 The following words and phrases when used in this chapter
24 shall have the meanings given to them in this section unless the
25 context clearly indicates otherwise:
26 "Board." The Pennsylvania Board of Probation and Parole.
27 "Certification." The assignment of a certification number to
28 a probation or parole officer after successful completion of a
29 mandatory basic training course or receipt of a waiver of basic
30 training from the County Probation and Parole Officers' Firearm <--
20050S0506B1487 - 236 -
1 Education and Training Commission and successful completion of
2 mandatory training.
3 "Commission." The County Probation and Parole Officers' <--
4 Firearm Education and Training Commission.
5 "Fund." The County Probation and Parole Officers' Firearm <--
6 Education and Training Fund established under section 6508 <--
7 (relating to County Probation and Parole 6308 (RELATING TO <--
8 COUNTY PROBATION Officers' Firearm Education and Training Fund).
9 "Officer." A county probation or parole officer of this
10 Commonwealth.
11 "Program." The County Probation and Parole Officers' Firearm <--
12 Education and Training Program established in this chapter.
13 "School." A school currently approved by the Municipal
14 Police Officers' Education and Training Commission under 53
15 Pa.C.S. Ch. 21 Subch. D (relating to municipal police education
16 and training).
17 "Weapon-carrying officer." A county probation or parole
18 officer who is authorized to carry a weapon in connection with
19 performance of the duties of the officer's employment.
20 § 6503 6303. County Probation and Parole Officers' Firearm <--
21 Education and Training Commission.
22 The County Probation and Parole Officers' Firearm Education <--
23 and Training Commission is established under the Pennsylvania
24 Board of Probation and Parole. The commission shall establish
25 within six months following the appointment of commission
26 members a County Probation and Parole Officers' Firearm <--
27 Education and Training Program to provide firearm education and
28 training in accordance with the provisions of this chapter.
29 § 6504 6304. Commission membership. <--
30 (a) Composition.--The commission shall be composed of the
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1 chairman of the board and eight other members to be appointed by
2 the Governor:
3 (1) Three county adult probation officers who are full
4 members of the County Chief Adult Probation and Parole
5 Officers' Association of Pennsylvania, one of whom is a chief
6 adult probation officer from a county authorized to carry
7 firearms and two of whom are firearms instructors certified
8 as such by the National Rifle Association, the Pennsylvania
9 State Police or the Federal Bureau of Investigation.
10 (2) One member of the Pennsylvania Council of Chief
11 Juvenile Probation Officers.
12 (3) One representative of the Juvenile Court Judges'
13 Commission.
14 (4) One judge of a court of common pleas of a county
15 that employs officers who carry firearms.
16 (5) One director qualified under 53 Pa.C.S. Ch. 21
17 Subch. D (relating to municipal police education and
18 training).
19 (6) One county commissioner from a county which employs
20 officers who carry firearms.
21 (b) Terms.--Terms of the members initially appointed shall
22 be three members for one year, three members for two years and
23 three members for three years, as designated by the Governor at
24 the time of appointment. Thereafter, terms shall be for three
25 years. Each member shall hold office until the expiration of the
26 term for which the member was selected or until the member's
27 earlier death, resignation or removal or until the member's
28 successor has been selected and qualified but in no event more
29 than six months beyond the expiration of the member's appointed
30 term.
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1 (c) Vacancies.--A person appointed to fill a vacancy created
2 by other than expiration of a term shall be appointed for the
3 unexpired term of the member who that person is to succeed in
4 the same manner as the original appointment.
5 (d) Compensation.--The members of the commission shall serve
6 without compensation but shall be reimbursed the necessary and
7 actual expenses incurred in attending the meetings of the
8 commission and in the performance of their duties under this
9 chapter.
10 (e) Organization.--The commission shall elect from among its
11 members a chairperson and other officers who shall hold office
12 at the pleasure of the commission. The commission shall act only
13 with the concurrence of the majority.
14 (f) Meetings and quorum.--The commission shall meet at least
15 four times each year until the program is implemented.
16 Thereafter, the commission shall meet as may be necessary, but
17 at least once annually. Special meetings may be called by the
18 chairperson of the commission or upon written request of three
19 members. A quorum shall consist of four members of the
20 commission.
21 § 6505 6305. Powers and duties of commission. <--
22 The powers and duties of the commission shall be as follows:
23 (1) To develop, establish and administer the minimum
24 courses of study and training and competency standards for
25 firearm training for county probation and parole officers, <--
26 including an initial curriculum of at least 40 hours and
27 including the firing of a qualification course.
28 (2) To revoke an officer's certification for failing to
29 comply with educational and training requirements established
30 by the commission.
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1 (3) To approve or revoke the approval for the purposes
2 of this chapter of any school that may be utilized to comply
3 with the educational and training requirements as established
4 by the commission.
5 (4) To establish the minimum qualifications for
6 instructors, to approve or revoke the approval of any
7 instructor and to develop the requirements for continued
8 certification.
9 (5) To promote the most efficient and economical program
10 for training by utilizing existing facilities, programs and
11 qualified Federal, State and local police personnel.
12 (6) To make an annual report to the Governor and to the
13 General Assembly concerning:
14 (i) The administration of the program.
15 (ii) The activities of the commission, together with
16 any recommendations for executive or legislative actions.
17 (7) To require in accordance with this chapter county
18 probation and parole officers to attend a minimum number of <--
19 hours in in-service training as provided for by regulation,
20 unless the officer's employer files a show-cause document
21 with the commission, requesting additional time for the
22 officer to comply with the in-service training requirements.
23 Approval of the request shall be made by the commission on a
24 case-by-case basis.
25 (8) To appoint an administrative officer who shall serve
26 and be directly responsible to the commission.
27 (9) To consult and cooperate with universities,
28 colleges, community colleges and institutes for the
29 development of specialized courses for county probation and
30 parole officers.
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1 (10) To consult and cooperate with departments and
2 agencies of this Commonwealth and other states and the
3 Federal Government concerned with county probation and parole <--
4 officer training.
5 (11) To certify officers who have satisfactorily
6 completed basic educational and training requirements as
7 established by the commission and to issue appropriate
8 certificates to these officers.
9 (12) To visit and inspect approved schools at least once
10 every two years. This inspection requirement does not apply
11 where training is conducted locally at a satellite center
12 consisting of a classroom and shooting range.
13 (13) To make rules and regulations and to perform other
14 duties as may be reasonably necessary or appropriate to
15 implement the training program for county probation and <--
16 parole officers.
17 (14) To consider granting waivers of mandatory basic
18 training to county probation and parole officers who have <--
19 successfully completed previous equivalent training.
20 (15) To maintain certifications and other records as
21 necessary.
22 (16) To issue reports to the president judges of the
23 courts of common pleas relating to compliance with this
24 chapter.
25 § 6506 6306. Training mandatory. <--
26 Within two years of the establishment of the County Probation
27 and Parole Officers' Firearm Education and Training Program and <--
28 in accordance with the provisions of this chapter, a county
29 shall provide for the training of any officer in its county
30 probation and parole department who carries a firearm. Following
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1 this two-year period, a county shall provide that training and
2 certification requirements of this chapter are met prior to a
3 county probation or parole officer being authorized to carry a <--
4 firearm.
5 § 6507 6307. Requirements for program participation or waiver. <--
6 In order to participate in the training program or be granted
7 a waiver of training requirements, at a minimum the officer
8 must:
9 (1) Be employed as a full-time county probation or <--
10 parole officer.
11 (2) Be a United States citizen.
12 (3) Not have been convicted of an offense graded a
13 misdemeanor of the first degree or greater or punishable by a
14 term of imprisonment of more than two years, unless in
15 possession of a waiver from the Bureau of Alcohol, Tobacco
16 and Firearms of the Department of the Treasury.
17 (4) Have had the officer's fingerprints submitted by the
18 officer's employer to the Pennsylvania State Police for the
19 purposes of a background investigation. The officer shall
20 have results of the investigation which indicate that the
21 requirements of paragraph (3) are met.
22 § 6508. County Probation and Parole 6308. COUNTY PROBATION <--
23 Officers' Firearm Education and Training Fund.
24 (a) Fund established.--The County Probation and Parole <--
25 Officers' Firearm Education and Training Fund is established as
26 a restricted receipts account within the General Fund. Moneys
27 from the fund shall be used exclusively for the purposes
28 described under this section.
29 (b) Costs imposed.--
30 (1) A person who accepts Accelerated Rehabilitative
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1 Disposition or pleads guilty or nolo contendere or is
2 convicted of a felony or misdemeanor shall, in addition to
3 any other court costs imposed under the laws of this
4 Commonwealth, be sentenced to pay costs of $5. Costs
5 collected by the clerk of courts under this subsection shall
6 be paid into the fund.
7 (2) Moneys in the fund shall be used to offset or pay
8 for:
9 (i) Training expenses.
10 (ii) Commission expenses.
11 (3) Disbursement and allocation of fund moneys shall be
12 at the discretion of the commission.
13 (c) Other moneys to be used.--In addition to payment of
14 training expenses as prescribed under subsection (b), training
15 expenses may also be paid out of the county offender supervision
16 fund under section 1102 of the act of November 24, 1998
17 (P.L.882, No.111), known as the Crime Victims Act, or any other
18 county fund.
19 (d) Juvenile probation officer participation.--In the event
20 that sufficient funds are not generated under the provisions of
21 subsection (b) to fully fund the costs of providing training to
22 juvenile probation officers, a training fee representing the
23 prorated share of the additional actual cost thereof shall be
24 payable by a participating juvenile probation officer's county
25 of employment.
26 § 6509 6309. Applicability. <--
27 This chapter shall apply to county juvenile probation, adult
28 probation or parole officers only, and only such officers shall <--
29 be eligible for training under this chapter.
30 PART V
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1 MISCELLANEOUS PROVISIONS
2 Chapter
3 71. Interstate Compacts
4 CHAPTER 71
5 INTERSTATE COMPACTS
6 Subchapter
7 A. Interstate Corrections Compact <--
8 B. Interstate Compact for the Supervision of Adult Offenders
9 C. Administrative Provisions
10 A. INTERSTATE CORRECTIONS COMPACT <--
11 B. INTERSTATE COMPACT FOR THE SUPERVISION OF ADULT OFFENDERS
12 C. ADMINISTRATIVE PROVISIONS
13 SUBCHAPTER A
14 INTERSTATE CORRECTIONS COMPACT
15 Sec.
16 7101. Short title of subchapter.
17 7102. Interstate Corrections Compact.
18 7103. Powers.
19 § 7101. Short title of subchapter.
20 This subchapter may be cited as the Interstate Corrections
21 Compact Act.
22 § 7102. Interstate Corrections Compact.
23 The Interstate Corrections Compact is hereby enacted into law
24 and entered into by this State with any other states legally
25 joining therein in the form substantially as follows:
26 INTERSTATE CORRECTIONS COMPACT
27 ARTICLE I
28 Purpose and Policy
29 The party states, desiring by common action to fully utilize
30 and improve their institutional facilities and provide adequate
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1 programs for the confinement, treatment and rehabilitation of
2 various types of offenders, declare that it is the policy of
3 each of the party states to provide such facilities and programs
4 on a basis of cooperation with one another, thereby serving the
5 best interests of such offenders and of society and effecting
6 economies in capital expenditures and operational costs. The
7 purpose of this compact is to provide for the mutual development
8 and execution of such programs of cooperation for the
9 confinement, treatment and rehabilitation of offenders with the
10 most economical use of human and material resources.
11 ARTICLE II
12 Definitions
13 As used in this compact, unless the context clearly requires
14 otherwise:
15 (a) "State" means a state of the United States; the United
16 States of America; a territory or possession of the United
17 States; the District of Columbia; the Commonwealth of Puerto
18 Rico.
19 (b) "Sending state" means a state party to this compact in
20 which conviction or court commitment was had.
21 (c) "Receiving state" means a state party to this compact to
22 which an inmate is sent for confinement other than a state in
23 which conviction or court commitment was had.
24 (d) "Inmate" means a male or female offender who is
25 committed, under sentence to or confined in a penal or
26 correctional institution.
27 (e) "Institution" means any penal or correctional facility,
28 including but not limited to a facility for the mentally ill or
29 mentally defective, in which inmates as defined in (d) above may
30 lawfully be confined.
20050S0506B1487 - 245 -
1 ARTICLE III
2 Contracts
3 (a) Each party state may make one or more contracts with any
4 one or more of the other party states for the confinement of
5 inmates on behalf of a sending state in institutions situated
6 within receiving states. Any such contract shall provide for:
7 1. Its duration.
8 2. Payments to be made to the receiving state by the sending
9 state for inmate maintenance, extraordinary medical and dental
10 expenses, and any participation in or receipt by inmates of
11 rehabilitative or correctional services, facilities, programs or
12 treatment not reasonably included as part of normal maintenance.
13 3. Participation in programs of inmate employment, if any,
14 the disposition or crediting of any payments received by inmates
15 on account thereof; and the crediting of proceeds from or
16 disposal of any products resulting therefrom.
17 4. Delivery and retaking of inmates.
18 5. Such other matters as may be necessary and appropriate to
19 fix the obligations, responsibilities and rights of the sending
20 and receiving states.
21 (b) The terms and provisions of this compact shall be a part
22 of any contract entered into by the authority of or pursuant
23 thereto, and nothing in any such contract shall be inconsistent
24 therewith.
25 ARTICLE IV
26 Procedures and Rights
27 (a) Whenever the duly constituted authorities in a state
28 party to this compact, and which has entered into a contract
29 pursuant to Article III, shall decide that confinement in, or
30 transfer of an inmate to, an institution within the territory of
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1 another party state is necessary or desirable in order to
2 provide adequate quarters and care or an appropriate program of
3 rehabilitation or treatment, said officials may direct that the
4 confinement be within an institution within the territory of
5 said other party state, the receiving state to act in that
6 regard solely as agent for the sending state.
7 (b) The appropriate officials of any state party to this
8 compact shall have access, at all reasonable times, to any
9 institution in which it has a contractual right to confine
10 inmates for the purpose of inspecting the facilities thereof and
11 visiting such of its inmates as may be confined in the
12 institution.
13 (c) Inmates confined in an institution pursuant to the terms
14 of this compact shall at all times be subject to the
15 jurisdiction of the sending state and may at any time be removed
16 therefrom for transfer to a prison or other institution within
17 the sending state, for transfer to another institution in which
18 the sending state may have a contractual or other right to
19 confine inmates, for release on probation or parole, for
20 discharge, or for any other purpose permitted by the laws of the
21 sending state; provided that the sending state shall continue to
22 be obligated to such payments as may be required pursuant to the
23 terms of any contract entered into under the terms of Article
24 III.
25 (d) Each receiving state shall provide regular reports to
26 each sending state on the inmates of that sending state in
27 institutions pursuant to this compact including a conduct record
28 of each inmate and certify said record to the official
29 designated by the sending state, in order that each inmate may
30 have official review of his or her record in determining and
20050S0506B1487 - 247 -
1 altering the disposition of said inmate in accordance with the
2 law which may obtain in the sending state and in order that the
3 same may be a source of information for the sending state.
4 (e) All inmates who may be confined in an institution
5 pursuant to the provisions of this compact shall be treated in a
6 reasonable and humane manner and shall be treated equally with
7 such similar inmates of the receiving state as may be confined
8 in the same institution. The fact of confinement in a receiving
9 state shall not deprive any inmate so confined of any legal
10 rights which said inmate would have had if confined in an
11 appropriate institution of the sending state.
12 (f) Any hearing or hearings to which an inmate confined
13 pursuant to this compact may be entitled by the laws of the
14 sending state may be had before the appropriate authorities of
15 the sending state, or of the receiving state if authorized by
16 the sending state. The receiving state shall provide adequate
17 facilities for such hearings as may be conducted by the
18 appropriate officials of a sending state. In the event such
19 hearing or hearings are had before officials of the receiving
20 state, the governing law shall be that of the sending state and
21 a record of the hearing or hearings as prescribed by the sending
22 state shall be made. Said record together with any
23 recommendations of the hearing officials shall be transmitted
24 forthwith to the official or officials before whom the hearing
25 would have been had if it had taken place in the sending state.
26 In any and all proceedings had pursuant to the provisions of
27 this subdivision, the officials of the receiving state shall act
28 solely as agents of the sending state and no final determination
29 shall be made in any matter except by the appropriate officials
30 of the sending state.
20050S0506B1487 - 248 -
1 (g) Any inmate confined pursuant to this compact shall be
2 released within the territory of the sending state unless the
3 inmate, and the sending and receiving states, shall agree upon
4 release in some other place. The sending state shall bear the
5 cost of such return to its territory.
6 (h) Any inmate confined pursuant to the terms of this
7 compact shall have any and all rights to participate in and
8 derive any benefits or incur or be relieved of any obligations
9 or have such obligations modified or his status changed on
10 account of any action or proceeding in which he could have
11 participated if confined in any appropriate institution of the
12 sending state located within such state.
13 (i) The parent, guardian, trustee, or other person or
14 persons entitled under the laws of the sending state to act for,
15 advise, or otherwise function with respect to any inmate shall
16 not be deprived of or restricted in his exercise of any power in
17 respect of any inmate confined pursuant to the terms of this
18 compact.
19 ARTICLE V
20 Acts Not Reviewable in Receiving State: Extradition
21 (a) Any decision of the sending state in respect of any
22 matter over which it retains jurisdiction pursuant to this
23 compact shall be conclusive upon and not reviewable within the
24 receiving state, but if at the time the sending state seeks to
25 remove an inmate from an institution in the receiving state
26 there is pending against the inmate within such state any
27 criminal charge or if the inmate is formally accused of having
28 committed within such state a criminal offense, the inmate shall
29 not be returned without the consent of the receiving state until
30 discharged from prosecution or other form of proceeding,
20050S0506B1487 - 249 -
1 imprisonment or detention for such offense. The duly accredited
2 officers of the sending state shall be permitted to transport
3 inmates pursuant to this compact through any and all states
4 party to this compact without interference.
5 (b) An inmate who escapes from an institution in which he is
6 confined pursuant to this compact shall be deemed a fugitive
7 from the sending state and from the state in which the
8 institution is situated. In the case of an escape to a
9 jurisdiction other than the sending or receiving state, the
10 responsibility for institution of extradition or rendition
11 proceedings shall be that of the sending state, but nothing
12 contained herein shall be construed to prevent or affect the
13 activities of officers and agencies of any jurisdiction directed
14 toward the apprehension and return of an escapee.
15 ARTICLE VI
16 Federal Aid
17 Any state party to this compact may accept Federal aid for
18 use in connection with any institution or program, the use of
19 which is or may be affected by this compact or any contract
20 pursuant hereto and any inmate in a receiving state pursuant to
21 this compact may participate in any such Federally aided program
22 or activity for which the sending and receiving states have made
23 contractual provisions, provided that if such program or
24 activity is not part of the customary correctional regimen, the
25 express consent of the appropriate official of the sending state
26 shall be required therefor.
27 ARTICLE VII
28 Entry into Force
29 This compact shall enter into force and become effective and
30 binding upon the states so acting when it has been enacted into
20050S0506B1487 - 250 -
1 law by any two states. Thereafter, this compact shall enter into
2 force and become effective and binding as to any other of said
3 states upon similar action by such state.
4 ARTICLE VIII
5 Withdrawal and Termination
6 This compact shall continue in force and remain binding upon
7 a party state until it shall have enacted a statute repealing
8 the same and providing for the sending of formal written notice
9 of withdrawal from the compact to the appropriate officials of
10 all other party states. An actual withdrawal shall not take
11 effect until one year after the notices provided in said statute
12 have been sent. Such withdrawal shall not relieve the
13 withdrawing state from its obligations assumed hereunder prior
14 to the effective date of withdrawal. Before the effective date
15 of withdrawal, a withdrawing state shall remove to its
16 territory, at its own expense, such inmates as it may have
17 confined pursuant to the provisions of this compact.
18 ARTICLE IX
19 Other Arrangements Unaffected
20 Nothing contained in this compact shall be construed to
21 abrogate or impair any agreement or other arrangement which a
22 party state may have with a non-party state for the confinement,
23 rehabilitation or treatment of inmates nor to repeal any other
24 laws of a party state authorizing the making of cooperative
25 institutional arrangements.
26 ARTICLE X
27 Construction and Severability
28 The provisions of this compact shall be liberally construed
29 and shall be severable. If any phrase, clause, sentence or
30 provision of this compact is declared to be contrary to the
20050S0506B1487 - 251 -
1 Constitution of any participating state or of the United States
2 or the applicability thereof to any government, agency, person
3 or circumstance is held invalid, the validity of the remainder
4 of this compact and the applicability thereof to any government,
5 agency, person or circumstance shall not be affected thereby. If
6 this compact shall be held contrary to the Constitution of any
7 state participating therein, the compact shall remain in full
8 force and effect as to the remaining states and in full force
9 and effect as to the state affected as to all severable matters.
10 § 7103. Powers.
11 The Attorney General or his designee is hereby authorized and
12 directed to do all things necessary or incidental to the
13 carrying out of the compact in every particular except that no
14 contract for the confinement of inmates in the institutions of
15 this State shall be entered into unless the Attorney General or
16 the Secretary of Corrections has first determined that the
17 inmates are acceptable, notwithstanding the provisions of
18 Article IX-B of the act of April 9, 1929 (P.L.177, No.175),
19 known as the Administrative Code of 1929. The Attorney General
20 or his designee shall not enter into a contract pursuant to
21 Article III of the compact relating to inmates who are mentally
22 ill or mentally retarded without consultation with the Secretary
23 of Public Welfare.
24 SUBCHAPTER B
25 INTERSTATE COMPACT FOR THE SUPERVISION OF ADULT OFFENDERS
26 Sec.
27 7111. Short title of subchapter.
28 7112. Authority to execute compact.
29 7113. When and how compact becomes operative.
30 7114. State council and compact administrator.
20050S0506B1487 - 252 -
1 § 7111. Short title of subchapter.
2 This subchapter shall be known and may be cited as the
3 Interstate Compact for the Supervision of Adult Offenders Act.
4 § 7112. Authority to execute compact.
5 The Governor of Pennsylvania, on behalf of this State, is
6 hereby authorized to execute a compact in substantially the
7 following form with any one or more of the states of the United
8 States, and the General Assembly hereby signifies in advance its
9 approval and ratification of such compact:
10 ARTICLE I
11 PURPOSE
12 The compacting states to this Interstate Compact recognize
13 that each state is responsible for the supervision of adult
14 offenders in the community who are authorized pursuant to the
15 Bylaws and Rules of this compact to travel across state lines
16 both to and from each compacting state in such a manner as to
17 track the location of offenders, transfer supervision authority
18 in an orderly and efficient manner, and when necessary return
19 offenders to the originating jurisdictions. The compacting
20 states also recognize that Congress, by enacting the Crime
21 Control Act, 4 U.S.C. § 112 (relating to compacts between States
22 for cooperation in prevention of crime; consent of Congress),
23 has authorized and encouraged compacts for cooperative efforts
24 and mutual assistance in the prevention of crime. It is the
25 purpose of this compact and the Interstate Commission created
26 hereunder, through means of joint and cooperative action among
27 the compacting states: to provide the framework for the
28 promotion of public safety and protect the rights of victims
29 through the control and regulation of the interstate movement of
30 offenders in the community; to provide for the effective
20050S0506B1487 - 253 -
1 tracking, supervision, and rehabilitation of these offenders by
2 the sending and receiving states; and to equitably distribute
3 the costs, benefits and obligations of the compact among the
4 compacting states. In addition, this compact will: create an
5 Interstate Commission which will establish uniform procedures to
6 manage the movement between states of adults placed under
7 community supervision and released to the community under the
8 jurisdiction of courts, paroling authorities, corrections or
9 other criminal justice agencies which will promulgate rules to
10 achieve the purpose of this compact; ensure an opportunity for
11 input and timely notice to victims and to jurisdictions where
12 defined offenders are authorized to travel or to relocate across
13 state lines; establish a system of uniform data collection,
14 access to information on active cases by authorized criminal
15 justice officials, and regular reporting of Compact activities
16 to heads of state councils, state executive, judicial, and
17 legislative branches and criminal justice administrators;
18 monitor compliance with rules governing interstate movement of
19 offenders and initiate interventions to address and correct non-
20 compliance; and coordinate training and education regarding
21 regulations of interstate movement of offenders for officials
22 involved in such activity. The compacting states recognize that
23 there is no "right" of any offender to live in another state and
24 that duly accredited officers of a sending state may at all
25 times enter a receiving state and there apprehend and retake any
26 offender under supervision subject to the provisions of this
27 compact and Bylaws and Rules promulgated hereunder. It is the
28 policy of the compacting states that the activities conducted by
29 the Interstate Commission created herein are the formation of
30 public policies and are therefore public business.
20050S0506B1487 - 254 -
1 ARTICLE II
2 DEFINITIONS
3 As used in this compact, unless the context clearly requires
4 a different construction:
5 "Adult" means both individuals legally classified as adults
6 and juveniles treated as adults by court order, statute, or
7 operation of law.
8 "Bylaws" means those Bylaws established by the Interstate
9 Commission for its governance, or for directing or controlling
10 the Interstate Commission's actions or conduct.
11 "Compact Administrator" means the individual in each
12 compacting state appointed pursuant to the terms of this compact
13 responsible for the administration and management of the state's
14 supervision and transfer of offenders subject to the terms of
15 this compact, the rules adopted by the Interstate Commission and
16 policies adopted by the State Council under this compact.
17 "Compacting state" means any state which has enacted the
18 enabling legislation for this compact.
19 "Commissioner" means the voting representative of each
20 compacting state appointed pursuant to Article III of this
21 compact.
22 "Interstate Commission" means the Interstate Commission for
23 Adult Offender Supervision established by this compact.
24 "Member" means the commissioner of a compacting state or
25 designee, who shall be a person officially connected with the
26 commissioner.
27 "Non-compacting state" means any state which has not enacted
28 the enabling legislation for this compact.
29 "Offender" means an adult placed under, or subject to,
30 supervision as the result of the commission of a criminal
20050S0506B1487 - 255 -
1 offense and released to the community under the jurisdiction of
2 courts, paroling authorities, corrections, or other criminal
3 justice agencies.
4 "Person" means any individual, corporation, business
5 enterprise, or other legal entity, either public or private.
6 "Rules" means acts of the Interstate Commission, duly
7 promulgated pursuant to Article VIII of this compact,
8 substantially affecting interested parties in addition to the
9 Interstate Commission, which shall have the force and effect of
10 law in the compacting states.
11 "State" means a state of the United States, the District of
12 Columbia and any other territorial possessions of the United
13 States.
14 "State Council" means the resident members of the State
15 Council for Interstate Adult Offender Supervision created by
16 each state under Article III of this compact.
17 ARTICLE III
18 THE COMPACT COMMISSION
19 The compacting states hereby create the "Interstate
20 Commission for Adult Offender Supervision." The Interstate
21 Commission shall be a body corporate and joint agency of the
22 compacting states. The Interstate Commission shall have all the
23 responsibilities, powers and duties set forth herein, including
24 the power to sue and be sued, and such additional powers as may
25 be conferred upon it by subsequent action of the respective
26 legislatures of the compacting states in accordance with the
27 terms of this compact. The Interstate Commission shall consist
28 of Commissioners selected and appointed by resident members of a
29 State Council for Interstate Adult Offender Supervision for each
30 state.
20050S0506B1487 - 256 -
1 In addition to the Commissioners who are the voting
2 representatives of each state, the Interstate Commission shall
3 include individuals who are not commissioners but who are
4 members of interested organizations; such non-commissioner
5 members must include a member of the national organizations of
6 governors, legislators, state chief justices, attorneys general
7 and crime victims. All non-commissioner members of the
8 Interstate Commission shall be ex-officio (non-voting) members.
9 The Interstate Commission may provide in its Bylaws for such
10 additional, ex-officio, non-voting members as it deems
11 necessary.
12 Each compacting state represented at any meeting of the
13 Interstate Commission is entitled to one vote. A majority of the
14 compacting states shall constitute a quorum for the transaction
15 of business, unless a larger quorum is required by the Bylaws of
16 the Interstate Commission.
17 The Interstate Commission shall meet at least once each
18 calendar year. The chairperson may call additional meetings and,
19 upon the request of 27 or more compacting states, shall call
20 additional meetings. Public notice shall be given of all
21 meetings and meetings shall be open to the public.
22 The Interstate Commission shall establish an Executive
23 Committee which shall include commission officers, members and
24 others as shall be determined by the Bylaws. The Executive
25 Committee shall have the power to act on behalf of the
26 Interstate Commission during periods when the Interstate
27 Commission is not in session, with the exception of rulemaking
28 and/or amendment to the Compact. The Executive Committee
29 oversees the day-to-day activities managed by the Executive
30 Director and Interstate Commission staff; administers
20050S0506B1487 - 257 -
1 enforcement and compliance with the provisions of the compact,
2 its Bylaws and as directed by the Interstate Commission and
3 performs other duties as directed by Commission or set forth in
4 the Bylaws.
5 ARTICLE IV
6 THE STATE COUNCIL
7 Each member state shall create a State Council for Interstate
8 Adult Offender Supervision which shall be responsible for the
9 appointment of the commissioner who shall serve on the
10 Interstate Commission from that state. Each state council shall
11 appoint as its commissioner the Compact Administrator from that
12 state to serve on the Interstate Commission in such capacity
13 under or pursuant to applicable law of the member state. While
14 each member state may determine the membership of its own state
15 council, its membership must include at least one representative
16 from the legislative, judicial, and executive branches of
17 government, victims groups and compact administrators. Each
18 compacting state retains the right to determine the
19 qualifications of the Compact Administrator who shall be
20 appointed by the Governor in consultation with the Legislature
21 and the Judiciary. In addition to appointment of its
22 commissioner to the National Interstate Commission, each state
23 council shall exercise oversight and advocacy concerning its
24 participation in Interstate Commission activities and other
25 duties as may be determined by each member state, including, but
26 not limited to, development of policy concerning operations and
27 procedures of the compact within that state.
28 ARTICLE V
29 POWERS AND DUTIES OF THE INTERSTATE COMMISSION
30 The Interstate Commission shall have the following powers:
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1 To adopt a seal and suitable Bylaws governing the
2 management and operation of the Interstate Commission.
3 To promulgate rules which shall have the force and effect
4 of statutory law and shall be binding in the compacting
5 states to the extent and in the manner provided in this
6 compact.
7 To oversee, supervise and coordinate the interstate
8 movement of offenders subject to the terms of this compact
9 and any Bylaws adopted and rules promulgated by the compact
10 commission.
11 To enforce compliance with compact provisions, Interstate
12 Commission rules, and Bylaws, using all necessary and proper
13 means, including, but not limited to, the use of judicial
14 process.
15 To establish and maintain offices.
16 To purchase and maintain insurance and bonds.
17 To borrow, accept, or contract for services of personnel,
18 including, but not limited to, members and their staffs.
19 To establish and appoint committees and hire staff which
20 it deems necessary for the carrying out of its functions
21 including, but not limited to, an executive committee as
22 required by Article III which shall have the power to act on
23 behalf of the Interstate Commission in carrying out its
24 powers and duties hereunder.
25 To elect or appoint such officers, attorneys, employees,
26 agents, or consultants, and to fix their compensation, define
27 their duties and determine their qualifications; and to
28 establish the Interstate Commission's personnel policies and
29 programs relating to, among other things, conflicts of
30 interest, rates of compensation, and qualifications of
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1 personnel.
2 To accept any and all donations and grants of money,
3 equipment, supplies, materials, and services, and to receive,
4 utilize, and dispose of same.
5 To lease, purchase, accept contributions or donations of,
6 or otherwise to own, hold, improve or use any property, real,
7 personal, or mixed.
8 To sell, convey, mortgage, pledge, lease, exchange,
9 abandon, or otherwise dispose of any property, real, personal
10 or mixed.
11 To establish a budget and make expenditures and levy dues
12 as provided in Article X of this compact.
13 To sue and be sued.
14 To provide for dispute resolution among Compacting
15 States.
16 To perform such functions as may be necessary or
17 appropriate to achieve the purposes of this compact.
18 To report annually to the legislatures, governors,
19 judiciary, and state councils of the compacting states
20 concerning the activities of the Interstate Commission during
21 the preceding year. Such reports shall also include any
22 recommendations that may have been adopted by the Interstate
23 Commission.
24 To coordinate education, training and public awareness
25 regarding the interstate movement of offenders for officials
26 involved in such activity.
27 To establish uniform standards for the reporting,
28 collecting, and exchanging of data.
29 ARTICLE VI
30 ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
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1 Section A. Bylaws
2 The Interstate Commission shall, by a majority of the
3 Members, within twelve months of the first Interstate Commission
4 meeting, adopt Bylaws to govern its conduct as may be necessary
5 or appropriate to carry out the purposes of the Compact,
6 including, but not limited to: establishing the fiscal year of
7 the Interstate Commission; establishing an executive committee
8 and such other committees as may be necessary; providing
9 reasonable standards and procedures:
10 (i) for the establishment of committees, and
11 (ii) governing any general or specific delegation of any
12 authority or function of the Interstate Commission;
13 providing reasonable procedures for calling and conducting
14 meetings of the Interstate Commission, and ensuring reasonable
15 notice of each such meeting; establishing the titles and
16 responsibilities of the officers of the Interstate Commission;
17 providing reasonable standards and procedures for the
18 establishment of the personnel policies and programs of the
19 Interstate Commission. Notwithstanding any civil service or
20 other similar laws of any Compacting State, the Bylaws shall
21 exclusively govern the personnel policies and programs of the
22 Interstate Commission; and providing a mechanism for winding up
23 the operations of the Interstate Commission and the equitable
24 return of any surplus funds that may exist upon the termination
25 of the Compact after the payment and/or reserving of all of its
26 debts and obligations; providing transition rules for "start up"
27 administration of the Compact; establishing standards and
28 procedures for compliance and technical assistance in carrying
29 out the Compact.
30 Section B. Officers and Staff
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1 The Interstate Commission shall, by a majority of the
2 Members, elect from among its Members a chairperson and a vice
3 chairperson, each of whom shall have such authorities and duties
4 as may be specified in the Bylaws. The chairperson or, in his or
5 her absence or disability, the vice chairperson, shall preside
6 at all meetings of the Interstate Commission. The Officers so
7 elected shall serve without compensation or remuneration from
8 the Interstate Commission; PROVIDED THAT, subject to the
9 availability of budgeted funds, the officers shall be reimbursed
10 for any actual and necessary costs and expenses incurred by them
11 in the performance of their duties and responsibilities as
12 officers of the Interstate Commission.
13 The Interstate Commission shall, through its executive
14 committee, appoint or retain an executive director for such
15 period, upon such terms and conditions and for such compensation
16 as the Interstate Commission may deem appropriate. The executive
17 director shall serve as secretary to the Interstate Commission,
18 and hire and supervise such other staff as may be authorized by
19 the Interstate Commission, but shall not be a Member.
20 Section C. Corporate Records of the Interstate Commission
21 The Interstate Commission shall maintain its corporate books
22 and records in accordance with the Bylaws.
23 Section D. Qualified Immunity, Defense and Indemnification
24 The Members, officers, executive director and employees of
25 the Interstate Commission shall be immune from suit and
26 liability, either personally or in their official capacity, for
27 any claim for damage to or loss of property or personal injury
28 or other civil liability caused or arising out of any actual or
29 alleged act, error or omission that occurred within the scope of
30 Interstate Commission employment, duties or responsibilities;
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1 PROVIDED, that nothing in this paragraph shall be construed to
2 protect any such person from suit and/or liability for any
3 damage, loss injury or liability caused by the intentional or
4 willful and wanton misconduct of any such person.
5 The Interstate Commission shall defend the Commissioner of a
6 Compacting State, or his or her representatives or employees, or
7 the Interstate Commission's representatives or employees, in any
8 civil action seeking to impose liability, arising out of any
9 actual or alleged act, error or omission that occurred within
10 the scope of Interstate Commission employment, duties or
11 responsibilities, or that the defendant had a reasonable basis
12 for believing occurred within the scope of Interstate Commission
13 employment, duties or responsibilities; PROVIDED, that the
14 actual or alleged act, error or omission did not result from
15 intentional wrongdoing on the part of such person.
16 The Interstate Commission shall indemnify and hold the
17 Commissioner of a Compacting State, the appointed designee or
18 employees, or the Interstate Commission's representatives or
19 employees, harmless in the amount of any settlement or judgment
20 obtained against such persons arising out of any actual or
21 alleged act, error or omission that occurred within the scope of
22 Interstate Commission employment, duties or responsibilities, or
23 that such persons had a reasonable basis for believing occurred
24 within the scope of Interstate Commission employment, duties or
25 responsibilities, PROVIDED, that the actual or alleged act,
26 error or omission did not result from gross negligence or
27 intentional wrongdoing on the part of such person.
28 ARTICLE VII
29 ACTIVITIES OF THE INTERSTATE COMMISSION
30 The Interstate Commission shall meet and take such actions as
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1 are consistent with the provisions of this Compact.
2 Except as otherwise provided in this Compact and unless a
3 greater percentage is required by the Bylaws, in order to
4 constitute an act of the Interstate Commission, such act shall
5 have been taken at a meeting of the Interstate Commission and
6 shall have received an affirmative vote of a majority of the
7 Members present.
8 Each Member of the Interstate Commission shall have the right
9 and power to cast a vote to which that Compacting State is
10 entitled and to participate in the business and affairs of the
11 Interstate Commission. A Member shall vote in person on behalf
12 of the state and shall not delegate a vote to another member
13 state. However, a State Council shall appoint another authorized
14 representative, in the absence of the commissioner from that
15 state, to cast a vote on behalf of the member state at a
16 specified meeting. The Bylaws may provide for Members'
17 participation in meetings by telephone or other means of
18 telecommunication or electronic communication. Any voting
19 conducted by telephone, or other means of telecommunication or
20 electronic communication shall be subject to the same quorum
21 requirements of meetings where members are present in person.
22 The Interstate Commission shall meet at least once during each
23 calendar year. The chairperson of the Interstate Commission may
24 call additional meetings at any time and, upon the request of a
25 majority of the Members, shall call additional meetings.
26 The Interstate Commission's Bylaws shall establish conditions
27 and procedures under which the Interstate Commission shall make
28 its information and official records available to the public for
29 inspection or copying. The Interstate Commission may exempt from
30 disclosure any information or official records to the extent
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1 they would adversely affect personal privacy rights or
2 proprietary interests. In promulgating such Rules, the
3 Interstate Commission may make available to law enforcement
4 agencies records and information otherwise exempt from
5 disclosure, and may enter into agreements with law enforcement
6 agencies to receive or exchange information or records subject
7 to nondisclosure and confidentiality provisions.
8 Public notice shall be given of all meetings and all meetings
9 shall be open to the public, except as set forth in the Rules or
10 as otherwise provided in the Compact. The Interstate Commission
11 shall promulgate Rules consistent with the principles contained
12 in the "Government in Sunshine Act," 5 U.S.C. Section 552(b), as
13 may be amended. The Interstate Commission and any of its
14 committees may close a meeting to the public where it determines
15 by two-thirds vote that an open meeting would be likely to:
16 relate solely to the Interstate Commission's internal
17 personnel practices and procedures;
18 disclose matters specifically exempted from disclosure by
19 statute;
20 disclose trade secrets or commercial or financial
21 information which is privileged or confidential;
22 involve accusing any person of a crime, or formally
23 censuring any person;
24 disclose information of a personal nature where
25 disclosure would constitute a clearly unwarranted invasion of
26 personal privacy;
27 disclose investigatory records compiled for law
28 enforcement purposes;
29 disclose information contained in or related to
30 examination, operating or condition reports prepared by, or
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1 on behalf of or for the use of, the Interstate Commission
2 with respect to a regulated entity for the purpose of
3 regulation or supervision of such entity;
4 disclose information, the premature disclosure of which
5 would significantly endanger the life of a person or the
6 stability of a regulated entity;
7 specifically relate to the Interstate Commission's
8 issuance of a subpoena, or its participation in a civil
9 action or proceeding.
10 For every meeting closed pursuant to this provision, the
11 Interstate Commission's chief legal officer shall publicly
12 certify that, in his or her opinion, the meeting may be closed
13 to the public, and shall reference each relevant exemptive
14 provision. The Interstate Commission shall keep minutes which
15 shall fully and clearly describe all matters discussed in any
16 meeting and shall provide a full and accurate summary of any
17 actions taken, and the reasons therefor, including a description
18 of each of the views expressed on any item and the record of any
19 roll call vote (reflected in the vote of each Member on the
20 question). All documents considered in connection with any
21 action shall be identified in such minutes.
22 The Interstate Commission shall collect standardized data
23 concerning the interstate movement of offenders as directed
24 through its Bylaws and Rules which shall specify the data to be
25 collected and the means of collection and data exchange and
26 reporting requirements.
27 ARTICLE VIII
28 RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
29 The Interstate Commission shall promulgate Rules in order to
30 effectively and efficiently achieve the purposes of the Compact
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1 including transition rules governing administration of the
2 Compact during the period in which it is being considered and
3 enacted by the states.
4 Rulemaking shall occur pursuant to the criteria set forth in
5 this Article and the Bylaws and Rules adopted pursuant thereto.
6 Such rulemaking shall substantially conform to the principles of
7 the Federal Administrative Procedure Act, 5 U.S.C. Ch. 5 Subchs.
8 II (relating to administrative procedure) and III (relating to
9 negotiated rulemaking procedure), and the Federal Advisory
10 Committee Act, 5 U.S.C.S. app. 2, section 1 et seq., as may be
11 amended (hereinafter "APA").
12 All Rules and amendments shall become binding as of the date
13 specified in each Rule or amendment.
14 If a majority of the legislatures of the Compacting States
15 rejects a Rule, by enactment of a statute or resolution in the
16 same manner used to adopt the compact, then such Rule shall have
17 no further force and effect in any Compacting State.
18 When promulgating a Rule, the Interstate Commission shall:
19 publish the proposed Rule stating with particularity the
20 text of the Rule which is proposed and the reason for the
21 proposed Rule;
22 allow persons to submit written data, facts, opinions and
23 arguments, which information shall be publicly available;
24 provide an opportunity for an informal hearing; and
25 promulgate a final Rule and its effective date, if
26 appropriate, based on the rulemaking record.
27 Not later than sixty days after a Rule is promulgated, any
28 interested person may file a petition in the United States
29 District Court for the District of Columbia or in the Federal
30 District Court where the Interstate Commission's principal
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1 office is located for judicial review of such Rule. If the court
2 finds that the Interstate Commission's action is not supported
3 by substantial evidence, (as defined in the APA), in the
4 rulemaking record, the court shall hold the Rule unlawful and
5 set it aside.
6 Subjects to be addressed within 12 months after the first
7 meeting must at a minimum include:
8 notice to victims and opportunity to be heard;
9 offender registration and compliance;
10 violations/ returns;
11 transfer procedures and forms;
12 eligibility for transfer;
13 collection of restitution and fees from offenders;
14 data collection and reporting;
15 the level of supervision to be provided by the receiving
16 state;
17 transition rules governing the operation of the compact
18 and the Interstate Commission during all or part of the
19 period between the effective date of the compact and the date
20 on which the last eligible state adopts the compact;
21 mediation, arbitration and dispute resolution.
22 The existing rules governing the operation of the previous
23 compact superseded by this Act shall be null and void twelve
24 (12) months after the first meeting of the Interstate Commission
25 created hereunder.
26 Upon determination by the Interstate Commission that an
27 emergency exists, it may promulgate an emergency rule which
28 shall become effective immediately upon adoption, provided that
29 the usual rulemaking procedures provided hereunder shall be
30 retroactively applied to said rule as soon as reasonably
20050S0506B1487 - 268 -
1 possible, in no event later than 90 days after the effective
2 date of the rule.
3 ARTICLE IX
4 OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION BY THE INTERSTATE
5 COMMISSION
6 Section A. Oversight
7 The Interstate Commission shall oversee the interstate
8 movement of adult offenders in the compacting states and shall
9 monitor such activities being administered in Non-compacting
10 States which may significantly affect Compacting States.
11 The courts and executive agencies in each Compacting State
12 shall enforce this Compact and shall take all actions necessary
13 and appropriate to effectuate the Compact's purposes and intent.
14 In any judicial or administrative proceeding in a Compacting
15 State pertaining to the subject matter of this Compact which may
16 affect the powers, responsibilities or actions of the Interstate
17 Commission, the Interstate Commission shall be entitled to
18 receive all service of process in any such proceeding, and shall
19 have standing to intervene in the proceeding for all purposes.
20 Section B. Dispute Resolution
21 The Compacting States shall report to the Interstate
22 Commission on issues or activities of concern to them, and
23 cooperate with and support the Interstate Commission in the
24 discharge of its duties and responsibilities.
25 The Interstate Commission shall attempt to resolve any
26 disputes or other issues which are subject to the compact and
27 which may arise among Compacting States and Non-compacting
28 States.
29 The Interstate Commission shall enact a Bylaw or promulgate a
30 Rule providing for both mediation and binding dispute resolution
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1 for disputes among the Compacting States.
2 Section C. Enforcement
3 The Interstate Commission, in the reasonable exercise of its
4 discretion, shall enforce the provisions of this compact using
5 any or all means set forth in Article XII, Section B, of this
6 compact.
7 Section D. Extradition
8 The duly accredited officers of a sending state may at all
9 times enter a receiving state, and there apprehend and retake
10 any person on probation or parole. For that purpose, no
11 formalities will be required other than establishing the
12 authority of the officer and the identity of the person to be
13 retaken. All legal requirements to obtain extradition of
14 fugitives from justice are hereby expressly waived on the part
15 of states party hereto as to such persons. The decision of the
16 sending state to retake a person on probation or parole shall be
17 conclusive upon and not reviewable within the receiving state.
18 If at the time when a state seeks to retake a probationer or
19 parolee, there should be pending against him within the
20 receiving state any criminal charge, or he is suspected of
21 having committed within such state a criminal offense, he shall
22 not be retaken without the consent of the receiving state until
23 discharged from prosecution or from imprisonment for such
24 offense. The duly accredited officers of the sending state will
25 be permitted to transport prisoners being retaken through any
26 and all states parties to this compact without interference.
27 ARTICLE X
28 FINANCE
29 The Interstate Commission shall pay or provide for the
30 payment of the reasonable expenses of its establishment,
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1 organization and ongoing activities.
2 The Interstate Commission shall levy on and collect an annual
3 assessment from each Compacting State to cover the cost of the
4 internal operations and activities of the Interstate Commission
5 and its staff which must be in a total amount sufficient to
6 cover the Interstate Commission's annual budget as approved each
7 year. The aggregate annual assessment amount shall be allocated
8 based upon a formula to be determined by the Interstate
9 Commission, taking into consideration the population of the
10 state and the volume of interstate movement of offenders in each
11 Compacting State and shall promulgate a Rule binding upon all
12 Compacting States which governs said assessment.
13 The Interstate Commission shall not incur any obligations of
14 any kind prior to securing the funds adequate to meet the same;
15 nor shall the Interstate Commission pledge the credit of any of
16 the Compacting States, except by and with the authority of the
17 Compacting State.
18 The Interstate Commission shall keep accurate accounts of all
19 receipts and disbursements. The receipts and disbursements of
20 the Interstate Commission shall be subject to the audit and
21 accounting procedures established under its Bylaws. However, all
22 receipts and disbursements of funds handled by the Interstate
23 Commission shall be audited yearly by a certified or licensed
24 public accountant and the report of the audit shall be included
25 in and become part of the annual report of the Interstate
26 Commission.
27 ARTICLE XI
28 COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT
29 Any state, as defined in Article II of this Compact, is
30 eligible to become a Compacting State. The Compact shall become
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1 effective and binding upon legislative enactment of the Compact
2 into law by no less than 35 of the States. The initial effective
3 date shall be the later of July 1, 2001, or upon enactment into
4 law by the 35th jurisdiction. Thereafter it shall become
5 effective and binding, as to any other Compacting State, upon
6 enactment of the Compact into law by that State. The governors
7 of Non-member states or their designees will be invited to
8 participate in Interstate Commission activities on a non-voting
9 basis prior to adoption of the Compact by all states and
10 territories of the United States.
11 Amendments to the Compact may be proposed by the Interstate
12 Commission for enactment by the Compacting States. No amendment
13 shall become effective and binding upon the Interstate
14 Commission and the Compacting States unless and until it is
15 enacted into law by unanimous consent of the Compacting States.
16 ARTICLE XII
17 WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT
18 Section A. Withdrawal
19 Once effective, the Compact shall continue in force and
20 remain binding upon each and every Compacting State; PROVIDED,
21 that a Compacting State may withdraw from the Compact
22 ("Withdrawing State") by enacting a statute specifically
23 repealing the statute which enacted the Compact into law. The
24 effective date of withdrawal is the effective date of the
25 repeal.
26 The Withdrawing State shall immediately notify the
27 chairperson of the Interstate Commission in writing upon the
28 introduction of legislation repealing this Compact in the
29 Withdrawing State.
30 The Interstate Commission shall notify the other Compacting
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1 States of the Withdrawing State's intent to withdraw within
2 sixty days of its receipt thereof.
3 The Withdrawing State is responsible for all assessments,
4 obligations and liabilities incurred through the effective date
5 of withdrawal, including any obligations, the performance of
6 which extend beyond the effective date of withdrawal.
7 Reinstatement following withdrawal of any Compacting State
8 shall occur upon the Withdrawing State reenacting the Compact or
9 upon such later date as determined by the Interstate Commission.
10 Section B. Default
11 If the Interstate Commission determines that any Compacting
12 State has at any time defaulted ("Defaulting State") in the
13 performance of any of its obligations or responsibilities under
14 this Compact, the Bylaws or any duly promulgated Rules the
15 Interstate Commission may impose any or all of the following
16 penalties:
17 Fines, fees and costs in such amounts as are deemed to be
18 reasonable as fixed by the Interstate Commission;
19 Remedial training and technical assistance as directed by
20 the Interstate Commission;
21 Suspension and termination of membership in the Compact.
22 Suspension shall be imposed only after all other reasonable
23 means of securing compliance under the Bylaws and Rules have
24 been exhausted. Immediate notice of suspension shall be given by
25 the Interstate Commission to the Governor, the Chief Justice or
26 Chief Judicial Officer of the state; the majority and minority
27 leaders of the defaulting state's legislature, and the State
28 Council.
29 The grounds for default include, but are not limited to,
30 failure of a Compacting State to perform such obligations or
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1 responsibilities imposed upon it by this compact, Interstate
2 Commission Bylaws, or duly promulgated Rules. The Interstate
3 Commission shall immediately notify the Defaulting State in
4 writing of the penalty imposed by the Interstate Commission on
5 the Defaulting State pending a cure of the default. The
6 Interstate Commission shall stipulate the conditions and the
7 time period within which the Defaulting State must cure its
8 default. If the Defaulting State fails to cure the default
9 within the time period specified by the Interstate Commission,
10 in addition to any other penalties imposed herein, the
11 Defaulting State may be terminated from the Compact upon an
12 affirmative vote of a majority of the Compacting States and all
13 rights, privileges and benefits conferred by this Compact shall
14 be terminated from the effective date of suspension. Within
15 sixty days of the effective date of termination of a Defaulting
16 State, the Interstate Commission shall notify the Governor, the
17 Chief Justice or Chief Judicial Officer and the Majority and
18 Minority Leaders of the Defaulting State's legislature and the
19 state council of such termination.
20 The Defaulting State is responsible for all assessments,
21 obligations and liabilities incurred through the effective date
22 of termination including any obligations, the performance of
23 which extends beyond the effective date of termination.
24 The Interstate Commission shall not bear any costs relating
25 to the Defaulting State unless otherwise mutually agreed upon
26 between the Interstate Commission and the Defaulting State.
27 Reinstatement following termination of any Compacting State
28 requires both a reenactment of the Compact by the Defaulting
29 State and the approval of the Interstate Commission pursuant to
30 the Rules.
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1 Section C. Judicial Enforcement
2 The Interstate Commission may, by majority vote of the
3 Members, initiate legal action in the United States District
4 Court for the District of Columbia or, at the discretion of the
5 Interstate Commission, in the Federal District where the
6 Interstate Commission has its offices to enforce compliance with
7 the provisions of the Compact, its duly promulgated Rules and
8 Bylaws, against any Compacting State in default. In the event
9 judicial enforcement is necessary the prevailing party shall be
10 awarded all costs of such litigation including reasonable
11 attorneys fees.
12 Section D. Dissolution of Compact
13 The Compact dissolves effective upon the date of the
14 withdrawal or default of the Compacting State which reduces
15 membership in the Compact to one Compacting State.
16 Upon the dissolution of this Compact, the Compact becomes
17 null and void and shall be of no further force or effect, and
18 the business and affairs of the Interstate Commission shall be
19 wound up and any surplus funds shall be distributed in
20 accordance with the Bylaws.
21 ARTICLE XIII
22 SEVERABILITY AND CONSTRUCTION
23 The provisions of this Compact shall be severable, and if any
24 phrase, clause, sentence or provision is deemed unenforceable,
25 the remaining provisions of the Compact shall be enforceable.
26 The provisions of this Compact shall be liberally constructed to
27 effectuate its purposes.
28 ARTICLE XIV
29 BINDING EFFECT OF COMPACT AND OTHER LAWS
30 Section A. Other Laws
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1 Nothing herein prevents the enforcement of any other law of a
2 Compacting State that is not inconsistent with this Compact. All
3 Compacting States' laws conflicting with this Compact are
4 superseded to the extent of the conflict.
5 Section B. Binding Effect of the Compact
6 All lawful actions of the Interstate Commission, including
7 all Rules and Bylaws promulgated by the Interstate Commission,
8 are binding upon the Compacting States.
9 All agreements between the Interstate Commission and the
10 Compacting States are binding in accordance with their terms.
11 Upon the request of a party to a conflict over meaning or
12 interpretation of Interstate Commission actions, and upon a
13 majority vote of the Compacting States, the Interstate
14 Commission may issue advisory opinions regarding such meaning or
15 interpretation.
16 In the event any provision of this Compact exceeds the
17 constitutional limits imposed on the legislature of any
18 Compacting State, the obligations, duties, powers or
19 jurisdiction sought to be conferred by such provision upon the
20 Interstate Commission shall be ineffective and such obligations,
21 duties, powers or jurisdiction shall remain in the Compacting
22 State and shall be exercised by the agency thereof to which such
23 obligations, duties, powers or jurisdiction are delegated by law
24 in effect at the time this Compact becomes effective.
25 § 7113. When and how compact becomes operative.
26 (a) General rule.--When the Governor executes the Interstate
27 Compact for the Supervision of Adult Offenders on behalf of this
28 State and files a verified copy thereof with the Secretary of
29 the Commonwealth and when the compact is ratified by one or more
30 other states, then the compact shall become operative and
20050S0506B1487 - 276 -
1 effective between this State and such other state or states. The
2 Governor is hereby authorized and directed to take such action
3 as may be necessary to complete the exchange of official
4 documents between this State and any other state ratifying the
5 compact.
6 (b) Notice in Pennsylvania Bulletin.--The Secretary of the
7 Commonwealth shall publish a notice in the Pennsylvania Bulletin
8 when the conditions set forth in subsection (a) are satisfied
9 and shall include in the notice the date on which the compact
10 became effective and operative between this State and any other
11 state or states in accordance with this subchapter.
12 § 7114. State council and compact administrator.
13 (a) State council.--Consistent with Article IV of the
14 Interstate Compact for the Supervision of Adult Offenders, there
15 is hereby established the State Council for Interstate Adult
16 Offender Supervision. The council shall consist of nine members,
17 seven of whom shall be appointed by the Governor. At least two
18 members shall be judges of courts of record of this Commonwealth
19 and at least one shall be a county chief probation officer, a
20 representative from the executive branch of government, a
21 representative of victims groups and the compact administrator.
22 The President pro tempore of the Senate and the Speaker of the
23 House of Representatives shall each appoint a member of the
24 General Assembly to serve as a member of the council. The term
25 of a member of the council hereafter appointed, except to fill a
26 vacancy, shall be for four years and until a successor has been
27 appointed, but in no event more than 90 days beyond the
28 expiration of the appointed term. The term of a member of the
29 council who is appointed by virtue of serving as a member of the
30 General Assembly, as a judge or as a county chief probation
20050S0506B1487 - 277 -
1 officer shall continue only as long as the individual remains in
2 that office. A vacancy occurring in an office of a member of the
3 council by expiration of term or for any other reason shall be
4 filled by the appointing authority for the remainder of the
5 term.
6 (b) Appointment of administrator.--The compact administrator
7 shall be appointed by the Governor and shall serve as a member
8 of the State Council for the Supervision of Adult Offenders and
9 shall serve on the Interstate Commission for Adult Offender
10 Supervision established pursuant to the Interstate Compact for
11 the Supervision of Adult Offenders.
12 (c) Compensation and expenses of administrator.--The compact
13 administrator who represents this State, as provided for in
14 Article IV of the Interstate Compact for the Supervision of
15 Adult Offenders, shall not be entitled to any additional
16 compensation for his duties and responsibilities as compact
17 administrator but shall be entitled to reimbursement for
18 reasonable expenses actually incurred in connection with his
19 duties and responsibilities as compact administrator in the same
20 manner as for expenses incurred in connection with other duties
21 and responsibilities of his office or employment.
22 SUBCHAPTER C
23 ADMINISTRATIVE PROVISIONS
24 Sec.
25 7121. Deputization.
26 7122. Supervision of persons paroled by other states.
27 7123. Penalty.
28 § 7121. Deputization.
29 (a) General rule.--The chairperson of the Pennsylvania Board
30 of Probation and Parole may deputize any person to act as an
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1 officer and agent of the Commonwealth in effecting the return of
2 any person who has violated the terms and conditions of parole
3 or probation as granted by the Commonwealth. In any matter
4 relating to the return of such person, an agent so deputized has
5 all the powers of a police officer of this Commonwealth.
6 (b) Evidence of deputization.--A deputization under this
7 section must be in writing and a person authorized to act as an
8 agent of the Commonwealth under that authority shall carry
9 formal evidence of the deputization and shall produce it on
10 demand.
11 (c) Interstate contracts.--The chairperson of the
12 Pennsylvania Board of Probation and Parole may, subject to the
13 approval of the Auditor General, enter into contracts with
14 similar officials of any other state for the purpose of sharing
15 an equitable portion of the cost of effecting the return of any
16 person who has violated the terms and conditions of parole or
17 probation as granted by the Commonwealth.
18 § 7122. Supervision of persons paroled by other states.
19 (a) General rule.--In compliance with the Federal interstate
20 compact laws and the provisions of this section, the board may
21 supervise persons who are paroled by other states and reside in
22 this Commonwealth, where such other states agree to perform
23 similar services for the board.
24 (b) Witness Protection Program.--The board may relinquish
25 jurisdiction over a parolee to the proper Federal authorities
26 where the parolee is placed into the Witness Protection Program
27 of the United States Department of Justice.
28 (c) Applicability.--The provisions of this section shall
29 apply only to those persons under the supervision of the board.
30 (d) Contracting state obligations.--The contracting state
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1 must adhere to this Commonwealth's laws regarding the interstate
2 compact, which are as follows:
3 (1) The contracting state solemnly agrees that it is
4 competent for the duly constituted judicial and
5 administrative authorities of a state party to the compact,
6 referred to as the "sending state," to permit any person
7 convicted of an offense within such state and placed on
8 probation or released on parole to reside in any other state,
9 referred to as the "receiving state," while on probation or
10 parole if:
11 (i) A confirmed offer of viable employment or other
12 verifiable means of support exists.
13 (ii) A residence approved by the sending state shall
14 be available.
15 (2) The following information must be made available to
16 the receiving state from the sending state at the time the
17 application for acceptance to the receiving state shall be
18 filed:
19 (i) Institutional adjustment information on parolees
20 or probationers.
21 (ii) Current supervision history on parolees or
22 probationers.
23 (iii) A psychological report or psychological
24 update, completed no more than one year prior to the
25 receiving state's consideration, for persons convicted of
26 a violent offense.
27 (iv) The following information must be made
28 available to the receiving state for those cases defined
29 as a sexual offense:
30 (A) A summary of any type of treatment received
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1 and dates of completion.
2 (B) A description of behavioral characteristics
3 that may have contributed to the parolee or
4 probationer's conduct.
5 (3) Any parolee or probationer convicted of a sexual
6 offense shall be required to:
7 (i) Submit to mandatory registration and public
8 notification of all current addresses with the
9 Pennsylvania State Police.
10 (ii) Provide a signed copy of the "Pennsylvania
11 State Police Sexual Offender Registration Notification"
12 form and the "Pennsylvania State Police Sexual Offender
13 Registration" form to the receiving state.
14 (iii) Provide a signed copy of "Addendum to
15 Application for Compact Services/Agreement to Return"
16 form to the receiving state.
17 (4) Except as provided in this subsection, the receiving
18 state shall not consider the acceptance of supervision if the
19 parolee is already physically present in this Commonwealth.
20 Investigation and consideration of a case shall occur only
21 after the parolee returns to the sending state and proper
22 application is filed. The receiving state may consider the
23 acceptance of supervision if the probationer is already
24 physically present in this Commonwealth, where the
25 probationer has established domicile in the receiving state
26 before adjudication on the criminal offense.
27 (5) Electronic monitoring or other special conditions,
28 or both, of supervision shall be imposed as deemed necessary
29 by the receiving state.
30 (6) At the request of the receiving state, the sending
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1 state shall agree to retake the parolee or probationer if
2 that individual violates any condition of probation or
3 parole.
4 (e) Definitions.--As used in this section the following
5 words and phrases shall have the meaning given to them in this
6 subsection unless the context clearly indicates otherwise:
7 "Board." The Pennsylvania Board of Probation and Parole.
8 "Sexual offense."
9 (1) Any of the following offenses or an equivalent
10 offense that is classified as a felony and involves a victim
11 who is a minor:
12 18 Pa.C.S. § 2901 (relating to kidnapping).
13 18 Pa.C.S. § 5902(a) (relating to prostitution and
14 related offenses).
15 18 Pa.C.S. § 5903(a)(3), (4), (5) or (6) (relating to
16 obscene and other sexual materials and performances).
17 (2) Any of the following offenses or an equivalent
18 offense that is classified as a felony and involves a victim
19 who is younger than 13 years of age:
20 18 Pa.C.S. § 3126 (relating to indecent assault).
21 (3) Any of the following offenses or an equivalent
22 offense, regardless of the victim's age:
23 18 Pa.C.S. § 3121 (relating to rape).
24 18 Pa.C.S. § 3123 (relating to involuntary deviate
25 sexual intercourse).
26 18 Pa.C.S. § 3125 (relating to aggravated indecent
27 assault).
28 "Violent offense."
29 (1) Any of the following offenses or an equivalent
30 offense:
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1 18 Pa.C.S. § 2502 (relating to murder).
2 18 Pa.C.S. § 2503 (relating to voluntary
3 manslaughter).
4 18 Pa.C.S. § 2702 (relating to aggravated assault).
5 18 Pa.C.S. § 2703 (relating to assault by prisoner).
6 18 Pa.C.S. § 2704 (relating to assault by life
7 prisoner).
8 18 Pa.C.S. § 2901 (relating to kidnapping) where the
9 victim is a minor.
10 18 Pa.C.S. § 3121 (relating to rape).
11 18 Pa.C.S. § 3123 (relating to involuntary deviate
12 sexual intercourse).
13 18 Pa.C.S. § 3301 (relating to arson and related
14 offenses).
15 18 Pa.C.S. § 3502 (relating to burglary).
16 18 Pa.C.S. § 3701 (relating to robbery).
17 18 Pa.C.S. § 3923 (relating to theft by extortion)
18 where a threat of violence is made.
19 (2) A criminal attempt, criminal solicitation or
20 criminal conspiracy to commit any offenses set forth in this
21 definition.
22 "Other verifiable means of support." The term includes, but
23 is not limited to, support by parent, grandparent, sibling,
24 spouse or adult child. The term does not include public
25 assistance.
26 § 7123. Penalty.
27 A person who is on parole or probation in another state and
28 who resides in this Commonwealth in violation of section 6373
29 (relating to supervision of persons paroled by other states)
30 commits a misdemeanor of the first degree and shall be sentenced
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1 to pay a fine of not more than $10,000 or to imprisonment for
2 not more than five years, or both.
3 Section 2 5. The addition of 61 Pa.C.S. Pts. I, II, III, IV <--
4 and V is a continuation of the acts and parts of acts listed in
5 section 4 7 of this act, except for the following: <--
6 Act of January 17, 1831 (P.L.12, No.12), entitled "A further
7 supplement to an act, entitled, An act to reform the penal laws
8 of this Commonwealth."
9 SECTIONS 3 AND 4 OF THE ACT OF APRIL 14, 1835 (P.L.232, <--
10 NO.140), ENTITLED "A SUPPLEMENT TO THE ACT ENTITLED AN ACT TO
11 PROVIDE FOR THE ERECTION OF A NEW PRISON AND A DEBTORS'
12 APARTMENT WITHIN THE CITY AND COUNTY OF PHILADELPHIA, AND FOR
13 THE SALE OF THE COUNTY PRISON IN WALNUT STREET IN SAID CITY."
14 SECTION 11 OF THE ACT OF FEBRUARY 8, 1842 (P.L.12, NO.10),
15 ENTITLED "A SUPPLEMENT TO AN ACT ENTITLED 'AN ACT RELATING TO
16 THE PRISON OF THE COUNTY OF CHESTER,' APPROVED FEBRUARY FIRST,
17 ONE THOUSAND EIGHT HUNDRED AND THIRTY-NINE, AND RELATIVE TO THE
18 DAUPHIN COUNTY PRISON."
19 THE ACT OF JANUARY 4, 1856 (P.L.711, NO.661), ENTITLED "A
20 FURTHER SUPPLEMENT TO AN ACT, ENTITLED 'AN ACT TO PROVIDE FOR
21 THE ERECTION OF A NEW PRISON AND DEBTORS' APARTMENT WITHIN THE
22 CITY AND COUNTY OF PHILADELPHIA, AND FOR THE SALE OF THE COUNTY
23 PRISON IN WALNUT STREET IN THE SAID CITY, APPROVED APRIL
24 FOURTEENTH, ONE THOUSAND EIGHT HUNDRED THIRTY-FIVE.'"
25 SECTIONS 8, 12 AND 14 OF THE ACT OF JUNE 2, 1871 (P.L.1301,
26 NO.1209), ENTITLED "AN ACT TO ESTABLISH AND MAINTAIN FOR THE
27 CITY OF PHILADELPHIA, A HOUSE OF CORRECTION, EMPLOYMENT AND
28 REFORMATION FOR ADULTS AND MINORS."
29 Act of June 8, 1874 (P.L.278, No.163), entitled "An act
30 relating to prison inspectors and regulating prisons."
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1 Sections 2 and 4 of the act of June 13, 1883 (P.L.112,
2 No.99), entitled "An act to abolish the contract system in the
3 prisons and reformatory institutions of the State of
4 Pennsylvania, and to regulate the wages of the inmates."
5 Act of June 22, 1897 (P.L.182, No.150), entitled "A
6 supplement to an act entitled 'An act for the punishment of
7 cruelty to animals in this Commonwealth,' approved the twenty-
8 ninth day of March, one thousand eight hundred and sixty-nine,
9 requiring the keepers or persons in charge of all jails, lock-
10 ups and station-houses within the Commonwealth to receive all
11 persons arrested for any violation of the provisions of said
12 act."
13 Act of May 25, 1907 (P.L.247, No.191), entitled "An act
14 authorizing the employment of male prisoners of the jails, and
15 workhouses of this Commonwealth upon the public highways of the
16 several counties, and regulating the same; and providing for the
17 establishment of Prison Boards, the purchase of material and
18 tools, and employment of deputies, at the expense of the proper
19 county, and a penalty for the escape of prisoners while employed
20 outside of said jails, workhouses."
21 ACT OF MAY 28, 1913 (P.L.363, NO.247), ENTITLED "AN ACT <--
22 REGULATING THE DISCHARGE OF PRISONERS ON PAROLE, FROM THE PENAL
23 INSTITUTIONS OF THE COMMONWEALTH."
24 Section 9 of the act of July 25, 1913 (P.L.1311, No.816),
25 entitled "An act providing for the establishment of a State
26 Industrial Home for Women; authorizing the purchase of a site,
27 and the erection thereon and equipment of necessary buildings;
28 providing for the commitment to said State Industrial Home for
29 Women of females between the ages of sixteen and thirty years,
30 convicted of, or pleading guilty to, the commission of any
20050S0506B1487 - 285 -
1 criminal offense; and providing for the government and
2 management of said institution; and making an appropriation to
3 carry out the purposes of this act."
4 ACT OF JULY 19, 1917 (P.L.1117, NO.378), ENTITLED "AN ACT <--
5 PROVIDING FOR THE ESTABLISHMENT, IN CITIES OF THE FIRST CLASS,
6 OF A HOUSE OR HOUSES OF DETENTION FOR WITNESSES AND UNTRIED
7 PRISONERS; FOR THE COMMITMENT OF SUCH PRISONERS AND WITNESSES
8 THERETO; AND FOR THE PAYMENT OF THE COST OF ESTABLISHING AND
9 MAINTAINING THE SAME BY THE COUNTY WHEREIN SAID CITIES ARE
10 SITUATED."
11 ACT OF MAY 1, 1929 (P.L.1184, NO.416), ENTITLED "AN ACT
12 CONFERRING AND IMPOSING CERTAIN POWERS AND DUTIES UPON THE STATE
13 BOARD OF PARDONS WITH RESPECT TO INMATES OF STATE PENAL AND
14 CORRECTIONAL INSTITUTIONS RELEASED ON PAROLE."
15 ACT OF JUNE 22, 1931 (P.L.864, NO.280), ENTITLED "AN ACT
16 MAKING A CONVICT WHOSE MINIMUM SENTENCE EXCEEDS ONE-HALF OF THE
17 MAXIMUM SENTENCE ELIGIBLE TO APPLY FOR RELEASE ON PAROLE WHEN
18 SAID CONVICT HAS SERVED OR WILL HAVE SERVED ONE-HALF HIS MAXIMUM
19 SENTENCE."
20 SECTIONS 25, 31, 32, 33, 33.1 AND 34.1 OF THE ACT OF AUGUST
21 6, 1941 (P.L.861, NO.323), ENTITLED, AS AMENDED, "AN ACT TO
22 CREATE A UNIFORM AND EXCLUSIVE SYSTEM FOR THE ADMINISTRATION OF
23 PAROLE IN THIS COMMONWEALTH; PROVIDING STATE PROBATION SERVICES;
24 ESTABLISHING THE 'PENNSYLVANIA BOARD OF PROBATION AND PAROLE';
25 CONFERRING AND DEFINING ITS JURISDICTION, DUTIES, POWERS AND
26 FUNCTIONS; INCLUDING THE SUPERVISION OF PERSONS PLACED UPON
27 PROBATION AND PAROLE IN CERTAIN DESIGNATED CASES; PROVIDING FOR
28 THE METHOD OF APPOINTMENT OF ITS MEMBERS; REGULATING THE
29 APPOINTMENT, REMOVAL AND DISCHARGE OF ITS OFFICERS, CLERKS AND
30 EMPLOYES; DIVIDING THE COMMONWEALTH INTO ADMINISTRATIVE
20050S0506B1487 - 286 -
1 DISTRICTS FOR PURPOSES OF PROBATION AND PAROLE; FIXING THE
2 SALARIES OF MEMBERS OF THE BOARD AND OF CERTAIN OTHER OFFICERS
3 AND EMPLOYES THEREOF; MAKING VIOLATIONS OF CERTAIN PROVISIONS OF
4 THIS ACT MISDEMEANORS; PROVIDING PENALTIES THEREFOR; AND FOR
5 OTHER COGNATE PURPOSES, AND MAKING AN APPROPRIATION."
6 SECTION 5 OF THE ACT OF AUGUST 13, 1963 (P.L.774, NO.390),
7 ENTITLED "AN ACT AUTHORIZING COURTS TO PERMIT CERTAIN PRISONERS
8 TO LEAVE JAIL DURING REASONABLE AND NECESSARY HOURS FOR
9 OCCUPATIONAL, SCHOLASTIC OR MEDICAL PURPOSES; CONFERRING POWERS
10 AND IMPOSING DUTIES UPON COURTS, COUNTY COMMISSIONERS AND
11 SHERIFFS AND OTHER PERSONS IN CHARGE OF A JAIL OR WORKHOUSE."
12 Act of December 27, 1965 (P.L.1237, No.502), entitled "An act
13 establishing regional correctional facilities administered by
14 the Bureau of Correction as part of the State correctional
15 system; establishing standards for county jails, and providing
16 for inspection and classification of county jails and for
17 commitment to State correctional facilities and county jails."
18 Act of March 21, 1986 (P.L.64, No.19), known as the Private
19 Prison Moratorium and Study Act.
20 Section 3 6. The following shall apply: <--
21 (1) Except as otherwise provided in 61 Pa.C.S. Pts. I,
22 II, III, IV and V, all activities initiated under any of the
23 acts identified in section 2 5 of this act shall continue and <--
24 remain in full force and effect and may be completed under 61
25 Pa.C.S. Pts. I, II, III, IV and V. Resolutions, orders,
26 regulations, rules and decisions which were made under any of
27 the acts identified in section 2 5 of this act and which are <--
28 in effect on the effective date of this section shall remain
29 in full force and effect until revoked, vacated or modified
30 under 61 Pa.C.S. Pts. I, II, III, IV and V. Contracts,
20050S0506B1487 - 287 -
1 obligations and agreements entered into under any of the acts
2 identified in section 2 5 of this act are not affected nor <--
3 impaired by the continuation of the acts and parts of acts
4 identified in section 2 5. <--
5 (2) Any difference in language between 61 Pa.C.S. Pts.
6 I, II, III, IV and V and the acts identified in section 2 5 <--
7 of this act is intended only to conform to the style of the
8 Pennsylvania Consolidated Statutes and is not intended to
9 change or affect the legislative intent, judicial
10 construction or administrative interpretation and
11 implementation of those acts, except as follows:
12 (i) 61 Pa.C.S. Part I.
13 (ii) 61 Pa.C.S. § 3101.
14 (iii) The definition of "motivational boot camp" in
15 61 Pa.C.S. § 3703.
16 (IV) 61 PA.C.S. § 5903. <--
17 Section 4. (a) The following acts and parts of acts are <--
18 SECTION 7. (A) THE REPEALS IN THIS SECTION ARE NECESSARY TO <--
19 EFFECTUATE THIS ACT.
20 (B) THE FOLLOWING ACTS AND PARTS OF ACTS ARE repealed:
21 Act of March 29, 1819 (P.L.232, No.146), entitled "An act to
22 prevent the coroner of Philadelphia county from holding inquests
23 in certain cases, and for other purposes."
24 Act of January 17, 1831 (P.L.12, No.12), entitled "A further
25 supplement to an act, entitled, An act to reform the penal laws
26 of this Commonwealth."
27 Act of April 14, 1835 (P.L.232, No.140), entitled "A
28 supplement to the act entitled 'An act to provide for the
29 erection of a new prison and a debtors' apartment within the
30 city and county of Philadelphia, and for the sale of the county
20050S0506B1487 - 288 -
1 prison in Walnut street in said city.'"
2 Act of February 8, 1842 (P.L.12, No.10), entitled "A
3 supplement to an act entitled 'An act relating to the prison of
4 the county of Chester,' approved February first, one thousand
5 eight hundred and thirty-nine, and relative to the Dauphin
6 county prison."
7 Section 5 of the act of April 16, 1845 (P.L.507, No.342),
8 entitled "An act to provide for the ordinary expenses of the
9 government, repair of the canals and railroads of the state, and
10 other claims upon the commonwealth."
11 Act of January 4, 1856 (P.L.711, No.661), entitled "A further
12 supplement to an act, entitled 'An act to provide for the
13 erection of a new prison and debtors' apartment within the city
14 and county of Philadelphia, and for the sale of the county
15 prison in Walnut street in the said city,' approved April
16 fourteenth, one thousand eight hundred thirty-five."
17 Act of April 18, 1857 (P.L.253, No.295), entitled "A further
18 supplement to an act to Reform the Penal Laws of this
19 Commonwealth, approved the seventeenth day of January, Anno
20 Domini one thousand eight hundred and thirty-one."
21 Act of May 1, 1861 (P.L.528, No.491), entitled "An act
22 granting further Powers to the Inspectors of the Philadelphia
23 County Prison."
24 Act of April 17, 1867 (P.L.87, No.68), entitled "An act to
25 authorize the Governor to appoint a person to visit prisons and
26 almshouses."
27 Act of June 2, 1871 (P.L.1301, No.1209), entitled "An act to
28 establish and maintain for the city of Philadelphia, a house of
29 correction, employment and reformation for adults and minors."
30 Act of June 8, 1874 (P.L.278, No.163), entitled "An act
20050S0506B1487 - 289 -
1 relating to prison inspectors and regulating prisons."
2 Act of June 13, 1883 (P.L.112, No.99), entitled "An act to
3 abolish the contract system in the prisons and reformatory
4 institutions of the State of Pennsylvania, and to regulate the
5 wages of the inmates."
6 Act of June 20, 1883 (P.L.125, No.110), entitled "An act to
7 require a brand upon all goods, wares, merchandise or other
8 article or thing made for sale by convict labor in any
9 penitentiary, reformatory prison, school or other establishment
10 in which convict labor is employed."
11 Act of May 9, 1889 (P.L.154, No.170), entitled "An act
12 authorizing and empowering boards of prison inspectors, in
13 counties where such boards exist, to fix the salaries of deputy
14 wardens, keepers and other persons employed in and about the
15 jails of such counties."
16 Act of June 26, 1895 (P.L.377, No.269), entitled "An act
17 authorizing the erection of work-houses in the several counties
18 of this Commonwealth."
19 Act of May 11, 1897 (P.L.49, No.41), entitled "An act
20 relating to appointment of Prison Commissioners in counties of
21 the Commonwealth having over one hundred and fifty thousand
22 population."
23 Act of June 22, 1897 (P.L.182, No.150), entitled "A
24 supplement to an act, entitled 'An act for the punishment of
25 cruelty to animals in this Commonwealth,' approved the twenty-
26 ninth day of March, one thousand eight hundred and sixty-nine,
27 requiring the keepers or persons in charge of all jails, lock-
28 ups and station-houses within the Commonwealth to receive all
29 persons arrested for any violation of the provisions of said
30 act."
20050S0506B1487 - 290 -
1 Act of April 28, 1899 (P.L.89, No.75), entitled "An act
2 authorizing the employment of male prisoners of the jails and
3 workhouses of this Commonwealth, and regulating the same, and
4 providing a penalty for an escape of prisoners while employed
5 outside of said jails or workhouses."
6 Act of March 20, 1903 (P.L.45, No.48), entitled "An act to
7 make active or visiting committees, of societies incorporated
8 for the purpose of visiting and instructing prisoners, official
9 visitors of penal and reformatory institutions."
10 Act of May 25, 1907 (P.L.247, No.191), entitled "An act
11 authorizing the employment of male prisoners of the jails, and
12 workhouses of this Commonwealth upon the public highways of the
13 several counties, and regulating the same; and providing for the
14 establishment of Prison Boards, the purchase of material and
15 tools, and employment of deputies, at the expense of the proper
16 county, and a penalty for the escape of prisoners while employed
17 outside of said jails, workhouses."
18 Act of April 23, 1909 (P.L.141, No.92), entitled "An act
19 providing for the use of borough and township lockups and city
20 or county prisons, for the detention of prisoners arrested by
21 sheriffs, constables, members of the State constabulary, or
22 other persons authorized by the laws of the Commonwealth to make
23 arrests, and entitling boroughs, townships, and cities to
24 receive remuneration for the same."
25 Act of May 14, 1909 (P.L.838, No.656), entitled "An act to
26 define the rights and functions of official visitors of jails,
27 penitentiaries, and other penal or reformatory institutions, and
28 providing for their removal."
29 Act of May 11, 1911 (P.L.274, No.176), entitled "An act to
30 prohibit the bringing into prisons of all weapons or other
20050S0506B1487 - 291 -
1 implements which may be used to injure any convict or person, or
2 in assisting any convict to escape punishment, or the selling or
3 furnishing of same to convicts; to prohibit the bringing into
4 prisons of all spirituous or fermented liquors, drugs,
5 medicines, poisons, opium, morphine, or any other kind or
6 character of narcotics; or the giving, selling or furnishing of
7 spirituous or fermented liquor, drugs, medicine, poison, opium,
8 morphine, or any other kind or character of narcotics; or
9 bringing into or taking out letters, notes, money, or contraband
10 goods of any kind, whatsoever; and providing a penalty for the
11 violation thereof."
12 Act of June 7, 1911 (P.L.677, No.268), entitled "An act
13 providing for the payment of the costs of proceedings and the
14 expenses of maintaining prisoners committed to county prisons,
15 either for non-payment of fines or penalties imposed for, or
16 while awaiting a hearing upon, any charge for the violation of
17 any city or borough ordinance, or any ordinance of townships of
18 the first class, by the city, borough, or township of the first
19 class whose ordinances are alleged to have been violated, or to
20 which any such fines or penalties are payable."
21 Act of June 19, 1911 (P.L.1059, No.813), referred to as the
22 County Jail and Workhouse Parole Law.
23 Act of May 28, 1913 (P.L.363, No.247), entitled "An act
24 regulating the discharge of prisoners on parole, from the penal
25 institutions of the Commonwealth."
26 Act of June 19, 1913 (P.L.532, No.340), entitled "A
27 supplement to an act approved the nineteenth day of June, one
28 thousand nine hundred eleven, entitled 'An act authorizing the
29 release on probation of certain convicts, instead of imposing
30 sentences; the appointment of probation and parole officers, and
20050S0506B1487 - 292 -
1 the payment of their salaries and expenses; regulating the
2 manner of sentencing convicts in certain cases, and providing
3 for their release on parole; their conviction of crime during
4 parole, and their re-arrest and reconviction for breach of
5 parole; and extending the powers and duties of boards of prison
6 inspectors of penitentiaries.'"
7 Act of July 22, 1913 (P.L.912, No.437), entitled "An act
8 providing for the payment of the costs incurred in the trial of
9 convicts and prisoners escaping, or attempting to escape, from
10 the several penitentiaries and reformatories of the Commonwealth
11 of Pennsylvania, by the respective counties from whose courts
12 the said escaping convicts or prisoners have been committed; and
13 providing for the maintenance of such convicts under sentence
14 for escape, et cetera."
15 Section 9 of the act of July 25, 1913 (P.L.1311, No.816),
16 entitled "An act providing for the establishment of a State
17 Industrial Home for Women; authorizing the purchase of a site,
18 and the erection thereon and equipment of necessary buildings;
19 providing for the commitment to said State Industrial Home for
20 Women of females between the ages of sixteen and thirty years,
21 convicted of, or pleading guilty to, the commission of any
22 criminal offense; and providing for the government and
23 management of said institution; and making an appropriation to
24 carry out the purposes of this act."
25 Act of May 24, 1917 (P.L.283, No.150), entitled "An act
26 fixing the residence of the warden of the county jail or prison,
27 in counties of this Commonwealth where the government of such
28 jail or prison is or may hereafter be vested in a prison board."
29 Act of July 17, 1917 (P.L.1036, No.337), entitled "A Joint
30 Resolution authorizing the authorities having control and
20050S0506B1487 - 293 -
1 supervision of county jails and prisons to permit the employment
2 of inmates thereof on county or almshouse farms; exempting
3 wardens and keepers from liability in certain cases for
4 escapes."
5 Act of July 19, 1917 (P.L.1117, No.378), entitled "An act
6 providing for the establishment, in cities of the first class,
7 of a house or houses of detention for witnesses and untried
8 prisoners; for the commitment of such prisoners and witnesses
9 thereto; and for the payment of the cost of establishing and
10 maintaining the same by the county wherein said cities are
11 situated."
12 Act of May 31, 1919 (P.L.356, No.170), entitled, as amended,
13 "An act authorizing courts of record to remove convicts and
14 persons confined in jails, workhouses, reformatories, reform or
15 industrial schools, penitentiaries, prisons, houses of
16 correction or any other penal institutions, who are seriously
17 ill, to other institutions; and providing penalties for breach
18 of prison."
19 Act of May 10, 1921 (P.L.433, No.209), entitled "An act
20 providing for the sentencing of certain criminals to
21 reformatories or houses of correction in counties of the first
22 class."
23 Act of May 16, 1921 (P.L.579, No.262), referred to as the
24 County Prison Board Law.
25 Act of May 19, 1923 (P.L.271, No.172), entitled "An act
26 providing a system of employment and compensation for the
27 inmates of county jails and prisons."
28 Act of June 14, 1923 (P.L.775, No.306), entitled "An act to
29 provide for the physical welfare of all persons confined
30 (whether such persons be tried or untried prisoners) in any
20050S0506B1487 - 294 -
1 penitentiary or county prison in this Commonwealth."
2 Act of July 11, 1923 (P.L.1044, No.425), referred to as the
3 Prisoner Transfer Law.
4 Act of April 27, 1927 (P.L.414, No.270), entitled, as
5 amended, "An act providing for a system of recording the
6 identification of persons convicted of crime, and of fugitives
7 from justice, and habitual criminals; conferring powers and
8 imposing duties upon the Pennsylvania State Police, district
9 attorneys, police officers, wardens or keepers of jails,
10 prisons, workhouses, or other penal institutions, and sheriffs;
11 providing for the payment of certain expenses by the counties;
12 and imposing penalties."
13 Sections 903-B and 904-B of the act of April 9, 1929
14 (P.L.177, No.175), known as The Administrative Code of 1929.
15 Act of May 1, 1929 (P.L.1182, No.414), entitled "An act
16 providing the procedure and the powers of the State Board of
17 Pardons and boards of trustees of penitentiaries where prisoners
18 released on parole violate the terms of such parole; and fixing
19 the penalty for such violation."
20 Act of May 1, 1929 (P.L.1184, No.416), entitled "An act
21 conferring and imposing certain powers and duties upon the State
22 Board of Pardons with respect to inmates of State penal and
23 correctional institutions released on parole."
24 Act of May 20, 1931 (P.L.138, No.99), entitled "An act
25 permitting the sale of prison made goods, in counties of the
26 first class, to such counties and to cities and school districts
27 and to political subdivisions of such counties and to certain
28 institutions therein; permitting contracts for such sales and
29 purchases, without advertising or competitive bidding;
30 permitting payment of compensation to inmates; and repealing
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1 inconsistent laws."
2 Act of June 12, 1931 (P.L.512, No.166), referred to as the
3 Industrial Farms and Workhouses Law.
4 Act of June 22, 1931 (P.L.864, No.280), entitled "An act
5 making a convict whose minimum sentence exceeds one-half of the
6 maximum sentence eligible to apply for release on parole when
7 said convict has served or will have served one-half his maximum
8 sentence."
9 Act of June 21, 1939 (P.L.660, No.307), entitled, as amended,
10 "An act providing for the return of escaped prisoners and
11 convicts after apprehension, to the penitentiary or state
12 institution from which they escape, by the agents of the
13 Department of Justice or the Pennsylvania State Police, and
14 requiring the penitentiary or state institution to defray the
15 expenses thereof."
16 Act of August 6, 1941 (P.L.861, No.323), referred to as the
17 Pennsylvania Board of Probation and Parole Law.
18 Act of May 17, 1945 (P.L.628, No.268), entitled "An act
19 requiring boards of prison inspectors in counties of the fourth
20 class to pay the premiums on all bonds required of employes
21 appointed by the board."
22 Act of May 11, 1949 (P.L.1191, No.359), entitled "An act for
23 the government, management and control of county jails and
24 prisons in counties of sixth, seventh and eighth classes."
25 Article XXX-A of the act of July 28, 1953 (P.L.723, No.230),
26 known as the Second Class County Code.
27 Act of December 13, 1955 (P.L.829, No.240), entitled "An act
28 authorizing the commitment to the Department of Public Welfare
29 in any city of the first class persons convicted of crimes and
30 sentences by courts situate within such city to a city or county
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1 penal institution, where such Department has established a
2 correctional, diagnostic and classification service, and
3 authorizing the transfer of prisoners between such institutions
4 by the Department."
5 Act of December 13, 1955 (P.L.841, No.246), entitled "An act
6 authorizing cooperative return of parole and probation violators
7 and the making of contracts or deputization of persons pursuant
8 thereto."
9 Act of August 6, 1963 (P.L.521, No.277), entitled "An act
10 providing that probation officers shall have the power of peace
11 officers in the performance of their duties."
12 Act of August 13, 1963 (P.L.774, No.390), entitled "An act
13 authorizing courts to permit certain prisoners to leave jail
14 during reasonable and necessary hours for occupational,
15 scholastic or medical purposes; conferring powers and imposing
16 duties upon courts, county commissioners and sheriffs and other
17 persons in charge of a jail or workhouse."
18 Act of December 22, 1965 (P.L.1189, No.472), entitled "An act
19 establishing a correctional facility for criminological
20 diagnosis, classification, social and psychological treatment
21 and research, medical treatment and staff training."
22 Act of December 27, 1965 (P.L.1237, No.502), entitled "An act
23 establishing regional correctional facilities administered by
24 the Bureau of Correction as part of the State correctional
25 system; establishing standards for county jails, and providing
26 for inspection and classification of county jails and for
27 commitment to State correctional facilities and county jails."
28 Act of July 16, 1968 (P.L.351, No.173), referred to as the
29 Prisoner Pre-release Plan Law.
30 Act of December 22, 1969 (P.L.394, No.175), entitled "An act
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1 providing for the establishment, operation and maintenance of
2 detention facilities for certain persons by adjoining counties
3 on approval by the Bureau of Correction."
4 Act of October 16, 1972 (P.L.913, No.218), entitled "An act
5 establishing regional community treatment centers for women
6 administered by the Bureau of Correction of the Department of
7 Justice as part of the State Correctional System, providing for
8 the commitment of females to such centers and their temporary
9 release therefrom for certain purposes, restricting confinement
10 of females in county jails and conferring powers and duties upon
11 the Department of Justice and the Bureau of Correction."
12 Act of December 30, 1974 (P.L.1075, No.348), known as the
13 Interstate Corrections Compact.
14 Act of March 21, 1986 (P.L.64, No.19), known as the Private
15 Prison Moratorium and Study Act.
16 Act of July 1, 1990 (P.L.315, No.71), known as the Prison
17 Facilities Improvement Act.
18 Act of December 7, 1990 (P.L.615, No.156), known as the
19 Official Visitation of Prisons Act.
20 Act of December 19, 1990 (P.L.1391, No.215), known as the
21 Motivational Boot Camp Act.
22 Act of December 27, 1994 (P.L.1354, No.158), known as the
23 County Probation and Parole Officers' Firearm Education and
24 Training Law.
25 Act of May 16, 1996 (P.L.220, No.40), known as the Prison
26 Medical Services Act.
27 Act of June 18, 1998 (P.L.622, No.80), entitled "An act
28 providing for a procedure and method of execution; and making
29 repeals."
30 Act of December 3, 1998 (P.L.932, No.120), entitled "An act
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1 requiring all prison inmates to wear identifiable prison
2 uniforms while incarcerated."
3 Act of June 19, 2002 (P.L.377, No.56), known as the
4 Interstate Compact for the Supervision of Adult Offenders Act.
5 (b) (C) The following acts are also repealed: <--
6 Act of June 25, 1937 (P.L.2086, No.415), entitled "An act
7 providing for the making of compacts by the Commonwealth with
8 other states for mutual helpfulness in relation to persons on
9 probation or parole; and imposing certain powers and duties on
10 the Governor and the Board of Pardons."
11 Act of July 20, 1968 (P.L.441, No.207), entitled "An act
12 providing for the incarceration of probationers or parolees in
13 certain other states under certain circumstances."
14 (c) (D) The act of December 8, 1959 (P.L.1718, No.632), <--
15 entitled, as amended, "An act providing for the payment of the
16 salary, medical and hospital expenses of employes of State penal
17 and correctional institutions, State mental hospitals, Youth
18 Development Centers, County Boards of Assistance, and under
19 certain conditions other employes of the Department of Public
20 Welfare, who are injured in the performance of their duties; and
21 providing benefit to their widows and dependents in certain
22 cases," is repealed insofar as it relates to employees of State
23 correctional institutions as that term is defined in 61 Pa.C.S.
24 § 102 (relating to definitions).
25 SECTION 8. A REFERENCE IN ANY ACT OR PART OF AN ACT TO: <--
26 (1) A PAROLE AGENT OF A COUNTY SHALL BE DEEMED A
27 REFERENCE TO A PROBATION OFFICER.
28 (2) A PAROLE OFFICER OF THE STATE SHALL BE DEEMED A
29 REFERENCE TO A PAROLE AGENT.
30 (3) THE COUNTY PROBATION AND PAROLE OFFICERS' FIREARM
20050S0506B1487 - 299 -
1 EDUCATION AND TRAINING PROGRAM SHALL BE DEEMED A REFERENCE TO
2 THE COUNTY PROBATION OFFICERS' FIREARM EDUCATION AND TRAINING
3 PROGRAM.
4 (4) THE COUNTY PROBATION AND PAROLE OFFICERS' FIREARM
5 EDUCATION AND TRAINING FUND SHALL BE DEEMED A REFERENCE TO
6 THE COUNTY PROBATION OFFICERS' FIREARM EDUCATION AND TRAINING
7 FUND.
8 SECTION 9. THE COUNTY PROBATION OFFICERS' FIREARM EDUCATION
9 AND TRAINING COMMISSION IS A CONTINUATION OF THE COUNTY
10 PROBATION AND PAROLE OFFICERS' FIREARM EDUCATION AND TRAINING
11 COMMISSION.
12 SECTION 10. THE COUNTY PROBATION OFFICERS' FIREARM EDUCATION
13 AND TRAINING FUND IS A CONTINUATION OF THE COUNTY PROBATION AND
14 PAROLE OFFICERS' FIREARM EDUCATION AND TRAINING FUND.
15 Section 5 11. This act shall take effect as follows: <--
16 (1) Section 4(b) 7(C) of this act shall take effect on <--
17 the date that the Interstate Compact for the Supervision of
18 Adult Offenders becomes effective and operative between this
19 State and any other state or states in accordance with 61
20 Pa.C.S. § 7113.
21 (2) The remainder of this act shall take effect
22 immediately.
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