PRIOR PRINTER'S NOS. 539, 1487 PRINTER'S NO. 1798
No. 506 Session of 2005
INTRODUCED BY GREENLEAF, COSTA, O'PAKE, STOUT, THOMPSON,
PILEGGI, TOMLINSON, KITCHEN AND M. WHITE, MARCH 29, 2005
SENATOR WENGER, APPROPRIATIONS, RE-REPORTED AS AMENDED,
JUNE 5, 2006
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) and
2 codifying Title 61 (Penal and Correctional Institutions) of
3 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 heading of Title 61;
7 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 Agents' Firearm Education and
17 Training, and correctional institution interstate compacts;
18 and making repeals relating to codification.
19 TABLE OF CONTENTS <--
20 TITLE 42
21 JUDICIARY AND JUDICIAL PROCEDURE
22 PART VIII. CRIMINAL PROCEEDINGS
23 CHAPTER 97. SENTENCING
24 SUBCHAPTER E. IMPOSITION OF SENTENCE
25 § 9755.1. TEMPORARY RELEASE FROM COUNTY CORRECTIONAL
1 INSTITUTION.
2 SUBCHAPTER F. FURTHER JUDICIAL ACTION
3 § 9775. PAROLE WITHOUT BOARD SUPERVISION.
4 § 9776. JUDICIAL POWER TO RELEASE INMATES.
5 § 9777. TRANSFER OF INMATES IN NEED OF MEDICAL TREATMENT.
6 CHAPTER 99. STATE INTERMEDIATE PUNISHMENT
7 (DELETED BY AMENDMENT)
8 CHAPTER 99. OTHER CRIMINAL PROVISIONS
9 SUBCHAPTER A. COUNTY PROBATION OFFICERS
10 § 9911. DEFINITIONS.
11 § 9912. SUPERVISORY RELATIONSHIP TO OFFENDERS.
12 § 9913. PEACE OFFICER POWER FOR PROBATION OFFICERS.
13 TITLE 61
14 PRISONS AND PAROLE
15 PART I. GENERAL PROVISIONS
16 CHAPTER 1. PRELIMINARY PROVISIONS
17 § 101. SHORT TITLE OF TITLE.
18 § 102. DEFINITIONS.
19 PART II. CORRECTIONAL INSTITUTIONS
20 CHAPTER 11. GENERAL ADMINISTRATION
21 SUBCHAPTER A. PENAL OPERATIONS AND PROCEDURES
22 § 1101. BENEFITS TO INJURED EMPLOYEES OF STATE CORRECTIONAL
23 INSTITUTIONS.
24 § 1102. CORRECTIONAL FACILITY FOR CRIMINOLOGICAL DIAGNOSIS.
25 § 1103. RECORDING SYSTEM FOR IDENTIFICATION OF CRIMINAL
26 OFFENDERS.
27 SUBCHAPTER B. INMATE TRANSFERS
28 § 1151. GENERAL TRANSFER AUTHORIZATION.
29 § 1152. TRANSFERS TO DEPARTMENT.
30 § 1153. EXPENSE OF REMOVING CERTAIN INMATES.
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1 § 1154. LAW ENFORCEMENT USE OF COUNTY CORRECTIONAL
2 INSTITUTIONS.
3 SUBCHAPTER C. ESCAPED INMATES
4 § 1161. RETURN OF ESCAPED INMATES.
5 § 1162. ESCAPED INMATE COSTS.
6 § 1163. MAINTENANCE OF ESCAPING INMATES UNDER NEW SENTENCE.
7 § 1164. CRIMINAL OFFENSE DURING CONFINEMENT.
8 CHAPTER 13. (RESERVED)
9 CHAPTER 15. (RESERVED)
10 CHAPTER 17. COUNTY CORRECTIONAL INSTITUTIONS
11 SUBCHAPTER A. COUNTIES AND CITIES OF THE FIRST CLASS
12 § 1701. APPROPRIATIONS FOR IMPROVEMENTS, RAILROAD CONNECTION
13 AND COMMITMENTS.
14 § 1702. ARREST OF DISORDERLY MINORS.
15 § 1703. COMMITMENT OF DISORDERLY MINORS AND APPEAL.
16 § 1704. EMPLOYMENT OF INMATES.
17 § 1705. PUNISHMENT FOR DESTROYING PROPERTY.
18 § 1706. SUPPLIES AND REPORTS.
19 § 1707. DEFICIENCY IN MAINTENANCE.
20 § 1708. HABEAS CORPUS.
21 § 1709. EXTENSION OF POWERS.
22 § 1710. ANNUAL STATEMENT.
23 § 1710.1. NAME OF JAIL AND APPOINTMENT OF INSPECTORS.
24 § 1710.2. DUTIES OF PHYSICIAN.
25 § 1710.3. VISITORS TO HAVE PERMISSION IN WRITING.
26 § 1710.4. TREATMENT OF INMATES ON DISCHARGE.
27 § 1710.5. COUNTY OF THE FIRST CLASS TO SUPPLY DEFICIENCY IN
28 FURNISHING AND MAINTAINING PRISON.
29 § 1710.6. INMATES SENTENCED FOR LESS THAN TWO YEARS TO COUNTY
30 PRISON.
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1 § 1710.7. CORONER OF FIRST CLASS COUNTY NOT TO HOLD INQUESTS ON
2 CONVICTS, EXCEPT IN CERTAIN CASES.
3 § 1710.8. INSPECTORS TO DISCHARGE INMATES.
4 § 1710.9. TREATMENT OF INMATES CONVICTED OF CAPITAL OFFENSES.
5 § 1710.10. CITIES OF THE FIRST CLASS.
6 SUBCHAPTER B. COUNTY JAIL OVERSIGHT BOARD IN COUNTIES OF THE
7 SECOND CLASS AND SECOND CLASS A
8 § 1721. SCOPE OF SUBCHAPTER.
9 § 1722. DEFINITIONS.
10 § 1723. COUNTY JAIL OVERSIGHT BOARD.
11 § 1724. POWERS AND DUTIES.
12 § 1725. RULES AND REGULATIONS.
13 § 1726. WARDEN.
14 § 1727. BOARD MEETINGS.
15 § 1728. CONTRACTS AND PURCHASES.
16 SUBCHAPTER C. OTHER COUNTIES
17 § 1731. ESTABLISHMENT.
18 § 1732. BOARD MEETINGS.
19 § 1733. APPOINTMENT OF WARDEN AND EMPLOYEES.
20 § 1734. POWERS OF PEACE OFFICERS.
21 § 1735. EXPENDITURES.
22 § 1736. BONDING REQUIREMENT.
23 SUBCHAPTER D. ALTERNATIVE PLAN FOR CERTAIN COUNTIES
24 § 1741. SIXTH, SEVENTH AND EIGHTH CLASS COUNTIES.
25 § 1742. APPOINTMENT OF PRISON COMMISSIONERS.
26 SUBCHAPTER E. PENAL OPERATIONS AND PROCEDURES
27 § 1751. COSTS OF CONFINEMENT.
28 § 1752. BOARD OF INSPECTORS TO REGULATE SALARIES OF WARDENS
29 AND OTHER STAFF.
30 § 1753. RESIDENCE OF WARDEN.
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1 § 1754. BONDS FOR COUNTY PRISON STAFF IN FOURTH CLASS
2 COUNTIES.
3 § 1755. PROPERTY EXEMPT FROM TAXATION.
4 § 1756. LOSS OF PRIVILEGES.
5 § 1757. COLLECTION FROM CERTAIN INMATES.
6 SUBCHAPTER F. JOINT DETENTION CENTERS
7 § 1761. ESTABLISHMENT BY ADJOINING COUNTIES.
8 § 1762. SELECTION OF SITE.
9 § 1763. BUILDINGS.
10 § 1764. CONSTRUCTION CONTRACTS.
11 § 1765. ADVISORY BOARD.
12 § 1766. MEETINGS.
13 § 1767. SUPERINTENDENT AND EMPLOYEES.
14 § 1768. RULES AND REGULATIONS.
15 § 1769. INITIAL TRANSFER OF INMATES.
16 § 1770. EMPLOYMENT OF INMATES.
17 § 1771. COST OF TRANSPORTING INMATES.
18 § 1772. FINANCIAL REPORTING.
19 § 1773. ALLOCATION OF EXPENSES TO COUNTIES.
20 § 1774. COUNTY APPROPRIATIONS.
21 § 1775. EXEMPTION FROM TAXATION.
22 SUBCHAPTER G. JOINT INDUSTRIAL FARMS AND WORKHOUSES
23 § 1781. ESTABLISHMENT BY COUNTIES.
24 § 1782. SELECTION OF SITE.
25 § 1783. BUILDINGS.
26 § 1784. CONSTRUCTION CONTRACTS.
27 § 1785. ADVISORY BOARD.
28 § 1786. MEETINGS.
29 § 1787. SUPERINTENDENT AND EMPLOYEES.
30 § 1788. RULES AND REGULATIONS.
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1 § 1789. INITIAL TRANSFER OF INMATES.
2 § 1790. EMPLOYMENT OF INMATES.
3 § 1791. COST OF TRANSPORTING INMATES.
4 § 1792. NATURE OF INMATE EMPLOYMENT.
5 § 1793. SALE OF GOODS AND MATERIALS.
6 § 1794. FINANCIAL REPORTING.
7 § 1795. ALLOCATION OF EXPENSES TO COUNTIES.
8 § 1796. BORROWING AUTHORIZED.
9 § 1797. EXEMPTION FROM TAXATION.
10 § 1798. NONAPPLICABILITY.
11 PART III. INMATE CONFINEMENT
12 CHAPTER 31. INMATE LABOR
13 § 3101. INMATES TO BE EMPLOYED.
14 § 3102. DISPOSITION OF PROCEEDS OF LABOR.
15 § 3103. AGRICULTURAL LABOR AT COUNTY CORRECTIONAL
16 INSTITUTIONS.
17 § 3104. INMATE LABOR IN COUNTY CORRECTIONAL INSTITUTIONS.
18 § 3105. INMATE LABOR IN COUNTIES OF THE FIRST CLASS.
19 § 3106. INMATE-MADE GOODS TO BE BRANDED.
20 § 3107. SALE OF INMATE-MADE GOODS.
21 CHAPTER 33. MEDICAL SERVICES
22 § 3301. SHORT TITLE OF CHAPTER.
23 § 3302. DEFINITIONS.
24 § 3303. MEDICAL SERVICES PROGRAM.
25 § 3304. POWERS AND DUTIES OF DEPARTMENT.
26 § 3305. COSTS OUTSTANDING UPON RELEASE.
27 § 3306. REPORT TO GENERAL ASSEMBLY.
28 § 3307. APPLICABILITY.
29 CHAPTER 35. VISITATION
30 SUBCHAPTER A. GENERAL PROVISIONS
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1 § 3501. GUBERNATORIAL VISITOR FOR PHILANTHROPIC PURPOSES.
2 § 3502. OFFICIAL VISITORS.
3 § 3503. RIGHTS OF OFFICIAL VISITORS.
4 SUBCHAPTER B. OFFICIAL VISITATION
5 § 3511. SHORT TITLE OF SUBCHAPTER.
6 § 3512. DEFINITIONS.
7 § 3513. VISITATION.
8 § 3514. EMPLOYEES OF OFFICIAL VISITOR.
9 CHAPTER 37. INMATE PRERELEASE PLANS
10 § 3701. ESTABLISHMENT OF PRERELEASE CENTERS.
11 § 3702. PRERELEASE PLAN FOR INMATES.
12 § 3703. RULES AND REGULATIONS.
13 § 3704. SALARIES AND WAGES OF INMATES.
14 CHAPTER 39. MOTIVATIONAL BOOT CAMP
15 § 3901. SCOPE OF CHAPTER.
16 § 3902. DECLARATION OF POLICY.
17 § 3903. DEFINITIONS.
18 § 3904. SELECTION OF INMATE PARTICIPANTS.
19 § 3905. MOTIVATIONAL BOOT CAMP PROGRAM.
20 § 3906. PROCEDURE FOR SELECTION OF PARTICIPANT IN MOTIVATIONAL
21 BOOT CAMP PROGRAM.
22 § 3907. COMPLETION OF MOTIVATIONAL BOOT CAMP PROGRAM.
23 § 3908. APPEALS.
24 CHAPTER 41. STATE INTERMEDIATE PUNISHMENT
25 § 4101. SCOPE OF CHAPTER.
26 § 4102. FINDINGS AND PURPOSE.
27 § 4103. DEFINITIONS.
28 § 4104. REFERRAL TO STATE INTERMEDIATE PUNISHMENT PROGRAM.
29 § 4105. DRUG OFFENDER TREATMENT PROGRAM.
30 § 4106. WRITTEN GUIDELINES AND REGULATIONS.
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1 § 4107. REPORTS.
2 § 4108. CONSTRUCTION.
3 § 4109. EVALUATION.
4 CHAPTER 43. EXECUTION PROCEDURE AND METHOD
5 § 4301. DEFINITIONS.
6 § 4302. ISSUANCE OF WARRANT.
7 § 4303. TERMS OF CONFINEMENT.
8 § 4304. METHOD OF EXECUTION.
9 § 4305. WITNESSES TO EXECUTION.
10 § 4306. CERTIFICATION OF SUPERINTENDENT.
11 § 4307. POSTMORTEM EXAMINATION.
12 § 4308. COSTS OF EXECUTION AND EXAMINATION.
13 CHAPTER 59. MISCELLANEOUS PROVISIONS
14 § 5901. PHYSICAL WELFARE OF INMATES.
15 § 5902. CONTRABAND PROHIBITED.
16 § 5903. INMATE UNIFORMS.
17 § 5904. ASSESSMENT AND COLLECTION OF COSTS.
18 PART IV. PROBATION AND PAROLE
19 CHAPTER 61. PENNSYLVANIA BOARD OF PROBATION AND PAROLE
20 SUBCHAPTER A. PRELIMINARY PROVISIONS
21 § 6101. DEFINITIONS.
22 § 6102. OPERATION OF PAROLE SYSTEM GENERALLY.
23 SUBCHAPTER B. ADMINISTRATION
24 § 6111. PENNSYLVANIA BOARD OF PROBATION AND PAROLE.
25 § 6112. BOARD CHAIRPERSON.
26 § 6113. BOARD ACTION.
27 § 6114. SALARIES OF BOARD MEMBERS.
28 § 6115. INCOMPATIBLE OFFICES AND REMOVAL.
29 § 6116. MEETINGS.
30 § 6117. OFFICIAL SEAL.
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1 § 6118. OFFICES.
2 § 6119. DISTRICT DIRECTORS.
3 § 6120. DISTRICT OFFICE EMPLOYEES.
4 § 6121. DISCIPLINARY ACTION.
5 § 6122. POLITICAL ACTIVITIES.
6 § 6123. ADVISORY COMMITTEE.
7 SUBCHAPTER C. POWERS AND DUTIES
8 § 6131. GENERAL POWERS OF BOARD.
9 § 6132. SPECIFIC POWERS OF BOARD INVOLVING PAROLEES.
10 § 6133. PROBATION SERVICES.
11 § 6134. SENTENCING COURT TO TRANSMIT RECORDS TO BOARD.
12 § 6135. INVESTIGATION OF CIRCUMSTANCES OF OFFENSE.
13 § 6136. RIGHT OF ACCESS TO INMATES.
14 § 6137. PAROLE POWER.
15 § 6138. VIOLATION OF TERMS OF PAROLE.
16 § 6139. PAROLE PROCEDURE.
17 § 6140. VICTIM STATEMENTS, TESTIMONY AND PARTICIPATION IN
18 HEARING.
19 § 6141. GENERAL RULES AND SPECIAL REGULATIONS.
20 SUBCHAPTER D. STATE PAROLE AGENTS
21 § 6151. DEFINITIONS.
22 § 6152. STATUS AS PEACE OFFICERS.
23 § 6153. SUPERVISORY RELATIONSHIP TO OFFENDERS.
24 CHAPTER 63. COUNTY PROBATION OFFICERS' FIREARM EDUCATION AND
25 TRAINING
26 § 6301. SHORT TITLE OF CHAPTER.
27 § 6302. DEFINITIONS.
28 § 6303. COUNTY PROBATION OFFICERS' FIREARM EDUCATION AND
29 TRAINING COMMISSION.
30 § 6304. COMMISSION MEMBERSHIP.
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1 § 6305. POWERS AND DUTIES OF COMMISSION.
2 § 6306. TRAINING MANDATORY.
3 § 6307. REQUIREMENTS FOR PROGRAM PARTICIPATION OR WAIVER.
4 § 6308. COUNTY PROBATION OFFICERS' FIREARM EDUCATION AND
5 TRAINING FUND.
6 § 6309. APPLICABILITY.
7 PART V. MISCELLANEOUS PROVISIONS
8 CHAPTER 71. INTERSTATE COMPACTS
9 SUBCHAPTER A. INTERSTATE CORRECTIONS COMPACT
10 § 7101. SHORT TITLE OF SUBCHAPTER.
11 § 7102. INTERSTATE CORRECTIONS COMPACT.
12 § 7103. POWERS.
13 SUBCHAPTER B. INTERSTATE COMPACT FOR THE SUPERVISION OF
14 ADULT OFFENDERS
15 § 7111. SHORT TITLE OF SUBCHAPTER.
16 § 7112. AUTHORITY TO EXECUTE COMPACT.
17 § 7113. WHEN AND HOW COMPACT BECOMES OPERATIVE.
18 § 7114. STATE COUNCIL AND COMPACT ADMINISTRATOR.
19 SUBCHAPTER C. ADMINISTRATIVE PROVISIONS
20 § 7121. DEPUTIZATION.
21 § 7122. SUPERVISION OF PERSONS PAROLED BY OTHER STATES.
22 § 7123. PENALTY.
23 The General Assembly of the Commonwealth of Pennsylvania
24 hereby enacts as follows:
25 Section 1. Title 42 of the Pennsylvania Consolidate Statutes
26 is amended by adding sections to read:
27 § 9755.1. Temporary release from county correctional
28 institution.
29 (a) Conditions permitting release.--
30 (1) Whenever WHEN a person has been sentenced to undergo <--
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1 imprisonment in a county correctional institution for a term
2 of less than five years, the court, at the time of sentence
3 or at any time thereafter upon application made therefor, may
4 by order direct the sheriff or chief administrator of a THE <--
5 county correctional institution to permit the inmate to leave
6 the jail during necessary and reasonable hours for the
7 purpose of:
8 (i) working at his employment;
9 (ii) conducting his own business or other self-
10 employed occupation, including housekeeping and attending
11 to the needs of family;
12 (iii) seeking employment;
13 (iv) attendance at an educational institution;
14 (v) securing medical treatment; or
15 (vi) such other lawful purposes as the court shall
16 consider necessary and appropriate.
17 (2) The order of court may be rescinded or modified at
18 any time with or without notice to the inmate.
19 (b) Surrender of wages.--When an inmate is employed for
20 wages or salary, the chief administrator OF THE COUNTY <--
21 CORRECTIONAL INSTITUTION shall collect the wages or salary or
22 require the inmate to turn over his wages or salary in full when
23 received, and the chief administrator shall deposit the same in
24 a trust checking account and keep a ledger showing the status of
25 the account of each inmate.
26 (c) Liability for board cost.--
27 (1) An inmate gainfully employed shall be liable for the
28 cost of his board in the county correctional institution as
29 fixed by the county commissioners. If necessarily absent from
30 jail at a meal time, the inmate shall, at his request, be
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1 furnished with an adequate nourishing lunch to carry to work.
2 (2) The chief administrator OF THE COUNTY CORRECTIONAL <--
3 INSTITUTION shall charge the inmate's account if the inmate
4 has one for such board.
5 (3) If the inmate is gainfully self-employed, the inmate
6 shall pay for such board in default of which his privilege
7 under this section shall be automatically forfeited.
8 (4) If the food in the county correctional institution
9 is furnished directly by the county, the chief administrator
10 OF THE COUNTY CORRECTIONAL INSTITUTION shall account for and <--
11 pay over such board payments to the county treasurer.
12 (d) Disbursements from inmate accounts.--By order of the
13 court, the wages or salaries of employed inmates shall be
14 disbursed for the following purposes in the order stated:
15 (1) The board of the inmate.
16 (2) Necessary travel expense to and from work and other
17 incidental expenses of the inmate.
18 (3) Support of the inmate's dependents, if any, the
19 amount to be determined by the court.
20 (4) Payment of docket costs connected with the
21 commitment of the inmate.
22 (5) Payment either in full or ratably of the inmate's
23 obligations acknowledged by him in writing or which have been
24 reduced to judgment.
25 (6) The balance, if any, to the inmate upon discharge.
26 (e) Intercounty custody.--The court may by order authorize
27 the chief administrator OF A COUNTY CORRECTIONAL INSTITUTION to <--
28 whom an inmate is committed to arrange with another THE chief <--
29 administrator OF ANOTHER COUNTY CORRECTIONAL INSTITUTION for the <--
30 employment of the prisoner in the other's county and while so
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1 employed to be in the other's custody but in other respects to
2 be and continue subject to the commitment.
3 § 9775. Parole without board supervision.
4 A sentencing court shall grant parole from a term of
5 imprisonment for less than a maximum period of two years, and,
6 together with all probations except probation as to which
7 supervision is specially ordered by the court as provided for in
8 section 9721 (relating to sentencing generally), parole shall be
9 without supervision by the board.
10 § 9776. Judicial power to release inmates.
11 (a) General rule.--Except as otherwise provided under this
12 chapter, a court of this Commonwealth or other court of record
13 having jurisdiction may, after due hearing, release on parole an
14 inmate in the county correctional institution of that judicial
15 district.
16 (b) Petition required.--No inmate may be paroled under this
17 section except on petition verified by the oath of the inmate or
18 by the inmate's representative and presented and filed in the
19 court in which the inmate was convicted.
20 (c) Hearing.--On presentation of the petition, the court
21 shall fix a day for the hearing. A copy of the petition shall be
22 served on the district attorney and prosecutor in the case at
23 least ten days before the day fixed for the hearing. Proof of
24 service on the district attorney and the prosecutor shall be
25 produced at the hearing.
26 (d) Order.--After the hearing, the court shall make such
27 order as it may deem just and proper. In case the court paroles
28 the inmate, it shall place the inmate in the charge of and under
29 the supervision of a designated probation officer.
30 (e) Recommit.--The court may, on cause shown by the
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1 probation officer that the inmate has violated his parole,
2 recommit and reparole the inmate in the same manner and by the
3 same procedure as in the case of the original parole if, in the
4 judgment of the court, there is a reasonable probability that
5 the inmate will benefit by being paroled. The court may also
6 recommit for violation of that parole.
7 (f) Limitation.--
8 (1) Subject to the provisions of paragraph (2), the
9 power of a court to parole an inmate under this section shall
10 extend for a period not to exceed the maximum sentence
11 provided by law for the offense of which the inmate was
12 convicted, regardless of the sentence first imposed upon the
13 prisoner.
14 (2) A court may release on parole, on petition to any
15 other court, an inmate committed to a correctional
16 institution by any magisterial district judge and shall have
17 the same power to recommit an inmate paroled under this
18 section.
19 § 9777. Transfer of inmates in need of medical treatment.
20 (a) General rule.--Whenever an inmate is shown to a court of
21 record by due proof that the inmate is seriously ill and that it
22 is necessary to remove the inmate from the correctional
23 institution, the court may:
24 (1) Modify its sentence, impose a suitable sentence or
25 modify the order of confinement for trial, as the case may
26 be.
27 (2) Provide for the confinement or care of the inmate in
28 some other suitable institution where proper medical
29 treatment may be administered.
30 (b) Recommitment.--When an inmate is removed under
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1 subsection (a) and recovers from the serious illness, the court
2 shall recommit the inmate to the correctional facility from
3 which the inmate was removed.
4 (c) Penalty.--An inmate who is removed under an order of
5 court pursuant to subsection (a) and escapes commits an offense
6 under 18 Pa.C.S. § 5121(a) (relating to escape).
7 Section 2. Chapter 99 of Title 42 is amended to read:
8 [CHAPTER 99
9 STATE INTERMEDIATE PUNISHMENT
10 Sec.
11 9901. Scope of chapter.
12 9902. Findings and purpose.
13 9903. Definitions.
14 9904. Referral to State intermediate punishment program.
15 9905. Drug offender treatment program.
16 9906. Written guidelines and regulations.
17 9907. Reports.
18 9908. Construction.
19 9909. Evaluation.
20 § 9901. Scope of chapter.
21 This chapter relates to State intermediate punishment.
22 § 9902. Findings and purpose.
23 The General Assembly finds as follows:
24 (1) Many crimes are committed by persons who, because of
25 their addiction to drugs or alcohol, are unable to maintain
26 gainful employment.
27 (2) These persons often commit crimes as a means of
28 obtaining the funds necessary to purchase drugs or alcohol.
29 (3) Many persons commit crimes while under the influence
30 of drugs or alcohol even though they are not addicted to such
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1 substances in a clinical sense.
2 (4) Punishing persons who commit crimes is an important
3 aspect of recognizing the harm that criminals visit upon
4 their victims.
5 (5) Many people who commit crimes will be able to become
6 law-abiding, contributing members of society if they are able
7 to obtain treatment for their drug or alcohol addiction or
8 abuse.
9 (6) The purpose of this chapter is to create a program
10 that punishes person who commit crimes, but also provides
11 treatment that offers the opportunity for those persons to
12 address their drug or alcohol addiction or abuse and thereby
13 reduce the incidents of recidivism and enhance public safety.
14 § 9903. Definitions.
15 The following words and phrases when used in this chapter
16 shall have the meanings given to them in this section unless the
17 context clearly indicates otherwise:
18 "Commission." The Pennsylvania Commission on Sentencing.
19 "Community-based therapeutic community." A long-term
20 residential addiction treatment program licensed by the
21 Department of Health to provide addiction treatment services
22 using a therapeutic community model and determined by the
23 Department of Corrections to be qualified to provide addiction
24 treatment to eligible offenders.
25 "Community corrections center." A residential program that
26 is supervised and operated by the Department of Corrections for
27 inmates with prerelease status or who are on parole.
28 "Court." The trial judge exercising sentencing jurisdiction
29 over an eligible offender under this chapter or the president
30 judge if the original trial judge is no longer serving as a
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1 judge of the sentencing court.
2 "Defendant." An individual charged with a drug-related
3 offense.
4 "Department." The Department of Corrections of the
5 Commonwealth.
6 "Drug offender treatment program." An individualized
7 treatment program established by the Department of Corrections
8 consisting primarily of drug and alcohol addiction treatment
9 that satisfies the terms and conditions listed in section 9905
10 (relating to drug offender treatment program).
11 "Drug-related offense." A criminal offense for which a
12 defendant is convicted and that the court determines was
13 motivated by the defendant's consumption of or addiction to
14 alcohol or a controlled substance, counterfeit, designer drug,
15 drug, immediate precursor or marihuana, as those terms are
16 defined in the act of April 14, 1972 (P.L.233, No.64), known as
17 The Controlled Substance, Drug, Device and Cosmetic Act.
18 "Eligible offender." Subject to section 9721(a.1) (relating
19 to sentencing generally), a defendant designated by the
20 sentencing court as a person convicted of a drug-related offense
21 who:
22 (1) Has undergone an assessment performed by the
23 Department of Corrections, which assessment has concluded
24 that the defendant is in need of drug and alcohol addiction
25 treatment and would benefit from commitment to a drug
26 offender treatment program and that placement in a drug
27 offender treatment program would be appropriate.
28 (2) Does not demonstrate a history of present or past
29 violent behavior.
30 (3) Would be placed in the custody of the department if
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1 not sentenced to State intermediate punishment.
2 (4) Provides written consent permitting release of
3 information pertaining to the defendant's participation in a
4 drug offender treatment program.
5 The term shall not include a defendant who is subject to a
6 sentence the calculation of which includes an enhancement for
7 the use of a deadly weapon, as defined pursuant to law or the
8 sentencing guidelines promulgated by the Pennsylvania Commission
9 on Sentencing, or a defendant who has been convicted of a
10 personal injury crime as defined in section 103 of the act of
11 November 24, 1998 (P.L.882, No.111), known as the Crime Victims
12 Act, or an attempt or conspiracy to commit such a crime or who
13 has been convicted of violating 18 Pa.C.S. § 4302 (relating to
14 incest), 5901 (relating to open lewdness), 6312 (relating to
15 sexual abuse of children), 6318 (relating to unlawful contact
16 with minor) or 6320 (relating to sexual exploitation of
17 children) or Ch. 76 Subch. C (relating to Internet child
18 pornography).
19 "Expulsion." The permanent removal of a participant from a
20 drug offender treatment program.
21 "Group home." A residential program that is contracted out
22 by the Department of Corrections to a private service provider
23 for inmates with prerelease status or who are on parole.
24 "Individualized drug offender treatment plan." An
25 individualized addiction treatment plan within the framework of
26 the drug offender treatment program.
27 "Institutional therapeutic community." A residential drug
28 treatment program in a State correctional institution,
29 accredited as a therapeutic community for treatment of drug and
30 alcohol abuse and addiction by the American Correctional
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1 Association or other nationally recognized accreditation
2 organization for therapeutic community drug and alcohol
3 addiction treatment.
4 "Outpatient addiction treatment facility." An addiction
5 treatment facility licensed by the Department of Health and
6 designated by the Department of Corrections as qualified to
7 provide addiction treatment to criminal justice offenders.
8 "Participant." An eligible offender actually sentenced to
9 State intermediate punishment pursuant to section 9721(a)(7)
10 (relating to sentencing generally).
11 "Transitional residence." A residence investigated and
12 approved by the Department of Corrections as appropriate for
13 housing a participant in a drug offender treatment program.
14 § 9904. Referral to State intermediate punishment program.
15 (a) Referral for evaluation.--
16 (1) Prior to imposing a sentence, the court may, upon
17 motion of the Commonwealth and agreement of the defendant,
18 commit a defendant to the custody of the department for the
19 purpose of evaluating whether the defendant would benefit
20 from a drug offender treatment program and whether placement
21 in the drug offender treatment program is appropriate.
22 (2) Upon committing a defendant to the department, the
23 court shall forward to the department:
24 (i) A summary of the offense for which the defendant
25 has been convicted.
26 (ii) Information relating to the defendant's history
27 of delinquency or criminality, including the information
28 maintained by the court pursuant to Chapter 63 (relating
29 to juvenile matters), when available.
30 (iii) Information relating to the defendant's
20050S0506B1798 - 19 -
1 history of drug or alcohol abuse or addiction, when
2 available.
3 (iv) A presentence investigation report, when
4 available.
5 (v) Any other information the court deems relevant
6 to assist the department with its assessment of the
7 defendant.
8 (b) Assessment of addiction.--
9 (1) The department shall conduct an assessment of the
10 addiction and other treatment needs of a defendant and
11 determine whether the defendant would benefit from a drug
12 offender treatment program. The assessment shall be conducted
13 using a nationally recognized assessment instrument or an
14 instrument that has been normed and validated on the
15 department's inmate population by a recognized expert in such
16 matters. The assessment instrument shall be administered by
17 persons skilled in the treatment of drug and alcohol
18 addiction and trained to conduct assessments. The assessments
19 shall be reviewed and approved by a supervisor with at least
20 three years of experience providing drug and alcohol
21 counseling services.
22 (2) The department shall conduct risk and other
23 assessments it deems appropriate and shall provide a report
24 of its assessment to the court, the defendant, the attorney
25 for the Commonwealth and the commission within 60 days of the
26 court's commitment of the defendant to the custody of the
27 department.
28 (c) Proposed drug offender treatment program.--If the
29 department in its discretion believes a defendant would benefit
30 from a drug offender treatment program and placement in the drug
20050S0506B1798 - 20 -
1 offender treatment program is appropriate, the department shall
2 provide the court, the defendant, the attorney for the
3 Commonwealth and the commission with a proposed drug offender
4 treatment program detailing the type of treatment proposed.
5 (d) Prerequisites for commitment.--Upon receipt of a
6 recommendation for placement in a drug offender treatment
7 program from the department and agreement of the attorney for
8 the Commonwealth and the defendant, the court may sentence an
9 eligible offender to a period of 24 months of State intermediate
10 punishment if the court finds that:
11 (1) The eligible offender is likely to benefit from
12 State intermediate punishment.
13 (2) Public safety would be enhanced by the eligible
14 offender's participation in State intermediate punishment.
15 (3) Sentencing the eligible offender to State
16 intermediate punishment would not depreciate the seriousness
17 of the offense.
18 (e) Consecutive probation.--Nothing in this chapter shall
19 prohibit the court from sentencing an eligible offender to a
20 consecutive period of probation. The total duration of the
21 sentence may not exceed the maximum term for which the eligible
22 offender could otherwise be sentenced.
23 (f) Applicability and program limitations.--The court may
24 not modify or alter the terms of the department's proposed
25 individualized drug offender treatment plan without the
26 agreement of the department and the attorney for the
27 Commonwealth.
28 (g) Videoconferencing.--The department shall make
29 videoconferencing facilities available to allow the court to
30 conduct proceedings necessary under this section when the
20050S0506B1798 - 21 -
1 eligible offender has been committed to the custody of the
2 department pursuant to subsection (b).
3 § 9905. Drug offender treatment program.
4 (a) Establishment.--The department shall establish and
5 administer a drug offender treatment program as a State
6 intermediate punishment. The program shall be designed to
7 address the individually assessed drug and alcohol abuse and
8 addiction needs of a participant and shall address other issues
9 essential to the participant's successful reintegration into the
10 community, including, but not limited to, educational and
11 employment issues.
12 (b) Duration and components.--Notwithstanding any credit to
13 which the defendant may be entitled under section 9760 (relating
14 to credit for time served), the duration of the drug offender
15 treatment program shall be 24 months and shall include the
16 following:
17 (1) A period in a State correctional institution of not
18 less than seven months. This period shall include:
19 (i) The time during which the defendants are being
20 evaluated by the department under section 9904(b)
21 (relating to referral to State intermediate punishment
22 program).
23 (ii) Following evaluation under subparagraph (i),
24 not less than four months shall be in an institutional
25 therapeutic community.
26 (2) A period of treatment in a community-based
27 therapeutic community of at least two months.
28 (3) A period of at least six months' treatment through
29 an outpatient addiction treatment facility. During the
30 outpatient addiction treatment period of the drug offender
20050S0506B1798 - 22 -
1 treatment program, the participant may be housed in a
2 community corrections center or group home or placed in an
3 approved transitional residence. The participant must comply
4 with any conditions established by the department regardless
5 of where the participant resides during the outpatient
6 addiction treatment portion of the drug offender treatment
7 program.
8 (4) A period of supervised reintegration into the
9 community for the balance of the drug offender treatment
10 program, during which the participant shall continue to be
11 supervised by the department and comply with any conditions
12 imposed by the department.
13 (c) Program management.--
14 (1) Consistent with the minimum time requirements set
15 forth in subsection (b), the department may transfer, at its
16 discretion, a participant between a State correctional
17 institution, an institutional therapeutic community, a
18 community-based therapeutic community, an outpatient
19 addiction treatment program and an approved transitional
20 residence. The department may also transfer a participant
21 back and forth between less restrictive and more restrictive
22 settings based upon the participant's progress or regression
23 in treatment or for medical, disciplinary or other
24 administrative reasons.
25 (2) This subsection shall be construed to provide the
26 department with the maximum flexibility to administer the
27 drug offender treatment program both as a whole and for
28 individual participants.
29 (d) Right of refusal to admit.--The administrator of a
30 community-based therapeutic community or outpatient addiction
20050S0506B1798 - 23 -
1 treatment facility may refuse to accept a participant whom the
2 administrator deems to be inappropriate for admission and may
3 immediately discharge to the custody of the department any
4 participant who fails to comply with facility rules and
5 treatment expectations or refuses to constructively engage in
6 the treatment process.
7 (e) Notice to court of completion of program.--When the
8 department determines that a participant has successfully
9 completed the drug offender treatment program, it shall notify
10 the sentencing court, the attorney for the Commonwealth and the
11 commission.
12 (f) Expulsion from program.--
13 (1) A participant may be expelled from the drug offender
14 treatment program at any time in accordance with guidelines
15 established by the department, including failure to comply
16 with administrative or disciplinary procedures or
17 requirements set forth by the department.
18 (2) The department shall promptly notify the court, the
19 defendant, the attorney for the Commonwealth and the
20 commission of the expulsion of a participant from the drug
21 offender treatment program and the reason for such expulsion.
22 The participant shall be housed in a State correctional
23 institution or county jail pending action by the court.
24 (3) The court shall schedule a prompt State intermediate
25 punishment revocation hearing pursuant to section 9774
26 (relating to revocation of State intermediate punishment
27 sentence).
28 § 9906. Written guidelines and regulations.
29 The department shall develop written guidelines for
30 participant selection criteria and the establishment of drug
20050S0506B1798 - 24 -
1 offender treatment program selection committees within each
2 diagnostic and classification center of the department and shall
3 address suspensions and expulsions from the drug offender
4 treatment program. The guidelines shall not be subject to the
5 act of June 25, 1982 (P.L.633, No.181), known as the Regulatory
6 Review Act, and shall be effective for a period of two years
7 upon publication in the Pennsylvania Bulletin. The guidelines
8 shall be replaced by regulations promulgated by the department
9 consistent with the Regulatory Review Act within the two-year
10 period during which the guidelines are effective. The
11 regulations shall include a requirement that community-based
12 therapeutic communities utilized in the drug offender treatment
13 program be accredited as a therapeutic community for treatment
14 of drug and alcohol abuse and addiction by the Commission on
15 Accreditation of Rehabilitation Facilities or other nationally
16 recognized accreditation organization for community-based
17 therapeutic communities for drug and alcohol addiction
18 treatment.
19 § 9907. Reports.
20 (a) Final report.--The department shall provide a final
21 report to the court, the defendant, the attorney for the
22 Commonwealth and the commission on a participant's progress in
23 the drug offender treatment program.
24 (b) Evaluation and report to General Assembly.--The
25 department and the commission shall monitor and evaluate the
26 drug offender treatment program to ensure that the programmatic
27 objectives are met. In odd-numbered years, the department shall
28 present a report of its evaluation to the Judiciary Committee of
29 the Senate and the Judiciary Committee of the House of
30 Representatives no later than February 1. In even-numbered
20050S0506B1798 - 25 -
1 years, the commission shall present a report of its evaluation
2 to the Judiciary Committee of the Senate and the Judiciary
3 Committee of the House of Representatives no later than February
4 1. The report shall include:
5 (1) The number of offenders evaluated for the drug
6 offender treatment program.
7 (2) The number of offenders sentenced to the drug
8 offender treatment program.
9 (3) The number of offenders sentenced to a State
10 correctional institution who may have been eligible for the
11 drug offender treatment program.
12 (4) The number of offenders successfully completing the
13 drug offender treatment program.
14 (5) The six-month, one-year, three-year and five-year
15 recidivism rates for offenders who have completed the drug
16 offender treatment program and for a comparison group of
17 offenders who were not placed in the drug offender treatment
18 program.
19 (6) Any changes the department or the commission
20 believes will make the drug offender treatment program more
21 effective.
22 § 9908. Construction.
23 Notwithstanding any other provision of law to the contrary,
24 this chapter shall not be construed to:
25 (1) Confer any legal right upon any individual,
26 including an individual participating in the drug offender
27 treatment program, to:
28 (i) participate in a drug offender treatment
29 program;
30 (ii) continue participation in a drug offender
20050S0506B1798 - 26 -
1 treatment program;
2 (iii) modify the contents of the drug offender
3 treatment program; or
4 (iv) file any cause of action in any court
5 challenging the department's determination that a
6 participant be suspended or expelled from or that a
7 participant has successfully completed or failed to
8 successfully complete treatment to be provided during any
9 portion of a drug offender treatment program.
10 (2) Enlarge or limit the right of a participant to
11 appeal the participant's sentence.
12 § 9909. Evaluation.
13 The department and the commission shall monitor and evaluate
14 the motivational boot camp program under the act of December 19,
15 1990 (P.L.1391, No.215), known as the Motivational Boot Camp
16 Act, to ensure that the programmatic objectives are met. In
17 even-numbered years, the department shall present a report of
18 its evaluation to the Judiciary Committee of the Senate and the
19 Judiciary Committee of the House of Representatives no later
20 than February 1. In odd-numbered years, the commission shall
21 present a report of its evaluation to the Judiciary Committee of
22 the Senate and the Judiciary Committee of the House of
23 Representatives no later than February 1.]
24 Section 3. Title 42 is amended by adding a chapter to read:
25 CHAPTER 99
26 OTHER CRIMINAL PROVISIONS
27 Subchapter
28 A. County Probation Officers
29 SUBCHAPTER A
30 COUNTY PROBATION OFFICERS
20050S0506B1798 - 27 -
1 Sec.
2 9901. Definitions. <--
3 9902. Supervisory relationship to offenders.
4 9903. Peace officer power for probation officers.
5 9911. DEFINITIONS. <--
6 9912. SUPERVISORY RELATIONSHIP TO OFFENDERS.
7 9913. PEACE OFFICER POWER FOR PROBATION OFFICERS.
8 § 9901 9911. Definitions. <--
9 The following words and phrases when used in this subchapter
10 shall have the meanings given in this section unless the context
11 clearly indicates otherwise:
12 "ARD." Accelerated Rehabilitative Disposition.
13 "Conditions of supervision." Any terms or conditions of an
14 offender's supervision whether imposed by the court or an
15 officer, including compliance with all requirements of Federal,
16 State and local law.
17 "Contraband." Any item that an offender is not permitted to
18 possess under the conditions of supervision, including any item
19 whose possession is forbidden by any Federal, State or local
20 law.
21 "Court." The court of common pleas or any judge thereof, the
22 Philadelphia Municipal Court or any judge thereof, the
23 Pittsburgh Magistrates Court or any judge thereof or any
24 magisterial district judge.
25 "Exigent circumstances." The term includes, but is not
26 limited to, suspicion that contraband or other evidence of
27 violations of the conditions of supervision might be destroyed
28 or suspicion that a weapon might be used. Exigent circumstances
29 always exist with respect to a vehicle.
30 "Offender." A person released on county probation,
20050S0506B1798 - 28 -
1 intermediate punishment or county parole. The term shall not
2 include any person serving a period of probation pursuant to
3 Accelerated Rehabilitative Disposition, except as authorized
4 under section 6362(b)(relating to supervisory relationship to
5 offenders).
6 "Officer." A probation or parole officer appointed or
7 employed by any court or by any county department of probation
8 and parole to supervise persons released on county probation or
9 parole.
10 "Personal search." A warrantless search of an offender's
11 person, including, but not limited to, the offender's clothing
12 and any personal property which is in the possession, within the
13 reach or under the control of the offender.
14 "Property search." A warrantless search of real property,
15 vehicle or personal property which is in the possession or under
16 the control of an offender.
17 "Real property." Any residence or business property of an
18 offender, including all portions of the property to which the
19 offender has access.
20 "Supervisor." An individual acting in a supervisory or
21 administrative capacity.
22 § 9902 9912. Supervisory relationship to offenders. <--
23 (a) General rule.--Officers are in a supervisory
24 relationship with their offenders. The purpose of this
25 supervision is to assist the offenders in their rehabilitation
26 and reassimilation into the community and to protect the public.
27 (b) Searches and seizures authorized.--
28 (1) Officers and, where they are responsible for the
29 supervision of county offenders, State parole agents may
30 search the person and property of offenders in accordance
20050S0506B1798 - 29 -
1 with the provisions of this section.
2 (2) (i) Officers may search, in accordance with the
3 provisions of this section, the person and property of
4 any offender who accepts ARD as a result of a charge of a
5 violation of 18 Pa.C.S. Ch. 31 (relating to sexual
6 offenses) if the court has determined that the offender
7 shall be subject to personal and property searches as a
8 condition of the offender's participation in the ARD
9 program.
10 (ii) The court shall notify each offender so offered
11 ARD, prior to admission to an ARD program, that the
12 offender shall be subject to searches in accordance with
13 this section.
14 (iii) Nothing in this section shall be construed to
15 permit searches or seizures in violation of the
16 Constitution of the United States or section 8 of Article
17 I of the Constitution of Pennsylvania.
18 (c) Effect of violation.--No violation of this section shall
19 constitute an independent ground for suppression of evidence in
20 any probation and parole or criminal proceeding.
21 (d) Grounds for personal search.--
22 (1) A personal search of an offender may be conducted by
23 an officer:
24 (i) if there is a reasonable suspicion to believe
25 that the offender possesses contraband or other evidence
26 of violations of the conditions of supervision;
27 (ii) when an offender is transported or taken into
28 custody; or
29 (iii) upon an offender entering or leaving the
30 securing enclosure of a correctional institution, jail or
20050S0506B1798 - 30 -
1 detention facility.
2 (2) A property search may be conducted by an officer if
3 there is reasonable suspicion to believe that the real or
4 other property in the possession of or under the control of
5 the offender contains contraband or other evidence of
6 violations of the conditions of supervision.
7 (3) Prior approval of a supervisor shall be obtained for
8 a property search absent exigent circumstances. No prior
9 approval shall be required for a personal search.
10 (4) A written report of every property search conducted
11 without prior approval shall be prepared by the officer who
12 conducted the search and filed in the offender's case record.
13 The exigent circumstances shall be stated in the report.
14 (5) The offender may be detained if he is present during
15 a property search. If the offender is not present during a
16 property search, the officer in charge of the search shall
17 make a reasonable effort to provide the offender with notice
18 of the search, including a list of the items seized, after
19 the search is completed.
20 (6) The existence of reasonable suspicion to search
21 shall be determined in accordance with constitutional search
22 and seizure provisions as applied by judicial decision. In
23 accordance with such case law, the following factors, where
24 applicable, may be taken into account:
25 (i) The observations of officers.
26 (ii) Information provided by others.
27 (iii) The activities of the offender.
28 (iv) Information provided by the offender.
29 (v) The experience of the officers with the
30 offender.
20050S0506B1798 - 31 -
1 (vi) The experience of officers in similar
2 circumstances.
3 (vii) The prior criminal and supervisory history of
4 the offender.
5 (viii) The need to verify compliance with the
6 conditions of supervision.
7 (e) Nonresident offenders.--No officer shall conduct a
8 personal or property search of an offender who is residing in a
9 foreign state except for the limited purposes permitted under
10 the Interstate Compact for the Supervision of Parolees and
11 Probationers. The offender is held accountable to the rules of
12 both the sending state and the receiving state. Any personal or
13 property search of an offender residing in another state shall
14 be conducted by an officer of the receiving state.
15 (f) When authority is effective.--The authority granted to
16 the officers under this section shall be effective upon
17 enactment of this section, without the necessity of any further
18 regulation by the board.
19 § 9903 9913. Peace officer power for probation officers. <--
20 An officer is declared to be a peace officer and shall have
21 police powers and authority throughout this Commonwealth to
22 arrest with or without warrant, writ, rule or process any person
23 on probation, intermediate punishment or parole under the
24 supervision of the court for failing to report as required by
25 the terms of that person's probation, intermediate punishment or
26 parole or for any other violation of that person's probation,
27 intermediate punishment or parole.
28 Section 4. The heading of Title 61 is amended and the title
29 is amended by adding parts to read:
30 TITLE 61
20050S0506B1798 - 32 -
1 [PENAL AND CORRECTIONAL INSTITUTIONS]
2 PRISONS AND PAROLE
3 PART I
4 GENERAL PROVISIONS
5 Chapter
6 1. Preliminary Provisions
7 CHAPTER 1
8 PRELIMINARY PROVISIONS
9 Sec.
10 101. Short title of title.
11 102. Definitions.
12 § 101. Short title of title.
13 This title shall be known and may be cited as the Prisons and
14 Parole Code.
15 § 102. Definitions.
16 The following words and phrases when used in this title shall
17 have the meanings given to them in this section unless the
18 context clearly indicates otherwise:
19 "Board." The Pennsylvania Board of Probation and Parole.
20 "Chief administrator." The warden, superintendent or other
21 officer in charge of a correctional institution.
22 "Correctional institution." A State correctional institution
23 or a county correctional institution.
24 "Corrections officer." A person employed at a correctional
25 institution to provide any security or custodial service for
26 inmates.
27 "County correctional institution." A correctional facility,
28 prison or jail owned or operated by a county.
29 "Department." The Department of Corrections of the
30 Commonwealth.
20050S0506B1798 - 33 -
1 "Inmate." A person committed to a term of imprisonment or
2 otherwise confined under the custody of the Commonwealth or a
3 county in a correctional institution in accordance with law.
4 "Secretary." The Secretary of Corrections of the
5 Commonwealth.
6 "State correctional institution." A correctional facility,
7 prison or jail owned or operated by the Commonwealth.
8 PART II
9 CORRECTIONAL INSTITUTIONS
10 Chapter
11 11. General Administration
12 13. (Reserved)
13 15. (Reserved)
14 17. County Correctional Institutions
15 19. (Reserved). <--
16 21. (Reserved).
17 23. Improvements to State Correctional Institutions
18 CHAPTER 11
19 GENERAL ADMINISTRATION
20 Subchapter
21 A. Penal Operations and Procedures
22 B. Inmate Transfers
23 C. Escaped Inmates
24 SUBCHAPTER A
25 PENAL OPERATIONS AND PROCEDURES
26 Sec.
27 1101. Benefits to injured employees of State correctional
28 institutions.
29 1102. Correctional facility for criminological diagnosis.
30 1103. Recording system for identification of criminal
20050S0506B1798 - 34 -
1 offenders.
2 § 1101. Benefits to injured employees of State correctional
3 institutions.
4 (a) General rule.--An employee of a State correctional
5 institution who is injured during the course of that employment
6 by an act of an inmate or by any person who has been committed
7 to the State correctional institution by any court of the
8 Commonwealth or by any provision of the act of July 9, 1976
9 (P.L.817, No.143), known as the Mental Health Procedures Act,
10 shall be paid by the Commonwealth the employee's full salary
11 until the disability arising from the injury no longer prevents
12 the employee's return as an employee of the department at a
13 salary equal to that earned by the employee at the time of the
14 injury.
15 (b) Medical and hospital expenses.--All medical and hospital
16 expenses incurred in connection with an injury described in
17 subsection (a) shall be paid by the Commonwealth until the
18 disability arising from the injury no longer prevents the
19 employee's return as an employee of the department at a salary
20 equal to that earned by the employee at the time of the injury.
21 (c) Workers' compensation.--During the time salary for an
22 injury described in subsection (a) shall be paid by the
23 Commonwealth, any workers' compensation received or collected
24 for the period shall be turned over to the Commonwealth and paid
25 into the General Fund. If such payment is not made, the amount
26 due the Commonwealth shall be deducted from any salary then or
27 thereafter becoming due and owing to the employee.
28 (d) Survivor benefits.--
29 (1) The surviving spouse and minor dependents of an
30 employee who dies within one year as a result of an injury
20050S0506B1798 - 35 -
1 described in subsection (a) shall be paid benefits equal to
2 50% of the full salary of the deceased employee.
3 (2) (i) When a surviving spouse and minor dependents
4 not in the custody of the surviving spouse are entitled
5 to payments, 50% of the payments shall be paid to the
6 surviving spouse and 50% to the dependents.
7 (ii) In every case the amount payable to minor
8 dependents shall be divided equally among them and be
9 paid to the persons or institutions having custody of
10 them.
11 (3) (i) In the case of a surviving spouse or a
12 surviving spouse with minor dependents in the custody of
13 the surviving spouse, the benefits shall terminate when
14 the surviving spouse remarries.
15 (ii) In the case of minor dependents, except when in
16 the custody of a remarried surviving spouse, the benefits
17 shall terminate when all of the minor dependents become
18 18 years of age.
19 (iii) Neither a surviving spouse nor minor
20 dependents shall receive any benefits under this section
21 while receiving benefits under the Social Security Act
22 (49 Stat. 620, 42 U.S.C. § 301 et seq.).
23 (4) The benefits provided under this subsection shall be
24 reduced by the amount of any workers' compensation benefits
25 received or collected by the surviving spouse or minor
26 dependents because of the same injury.
27 (5) Payments for the benefit of minor dependents shall
28 be made to the person having legal custody of them.
29 (e) Effect of injury on leave of absence.--No absence from
30 duty of any State employee to whom this section applies by
20050S0506B1798 - 36 -
1 reason of any injury described in subsection (a) shall in any
2 manner be deducted from any period of leave allowed the employee
3 by law or by regulation.
4 § 1102. Correctional facility for criminological diagnosis.
5 (a) Establishment.--There is hereby established a
6 correctional facility for criminological diagnosis,
7 classification, social and psychological treatment and research,
8 medical treatment and staff training.
9 (b) Operation and management.--The department shall operate
10 and manage the correctional facility established under this
11 section, including staff training and the treatment, care,
12 maintenance, employment and rehabilitation of the inmates in
13 that facility.
14 § 1103. Recording system for identification of criminal
15 offenders.
16 (a) General rule.--The Pennsylvania State Police shall
17 continue to procure and file for record photographs, pictures,
18 descriptions, fingerprints and such other information pertaining
19 to all persons who have been convicted of a criminal offense
20 within this Commonwealth and also of all well-known and habitual
21 criminal offenders, wherever they may be procured.
22 (b) Cooperation from chief administrators.--Chief
23 administrators of correctional facilities shall furnish to the
24 Pennsylvania State Police, upon request, the fingerprints,
25 photographs and description of any inmate.
26 (c) Fingerprinting and photographing authorized.--
27 (1) The Pennsylvania State Police, chief administrators
28 of correctional facilities and all police officers within the
29 several political subdivisions of this Commonwealth may take
30 or cause to be taken the fingerprints or photographs of any
20050S0506B1798 - 37 -
1 person in custody, charged with the commission of a criminal
2 offense or reasonably believed to be a fugitive from justice
3 or a habitual criminal. This paragraph shall not apply to
4 persons charged with a violation of 75 Pa.C.S. (relating to
5 vehicles) which is punishable upon conviction in a summary
6 proceeding unless the person is reasonably believed to be a
7 fugitive from justice or a habitual criminal.
8 (2) The chiefs of law enforcement bureaus of all cities
9 within this Commonwealth shall furnish daily to the
10 Pennsylvania State Police copies of the fingerprints and, if
11 possible, photographs of any person arrested within their
12 jurisdiction charged with the commission of a criminal
13 offense classified as a felony of any degree, or who is
14 reasonably believed to be a fugitive from justice or a
15 habitual criminal. Such fingerprints shall be taken on forms
16 furnished or approved by the Pennsylvania State Police.
17 (3) The Pennsylvania State Police immediately upon the
18 receipt of records under this subsection shall compare them
19 with those already in their files and, if they find that any
20 person arrested has a previous criminal record or is a
21 fugitive from justice, shall immediately inform the arresting
22 officer or the officer having the inmate in charge of that
23 fact.
24 (d) Cooperation outside this Commonwealth.--The Pennsylvania
25 State Police shall cooperate with agencies of other states and
26 of the United States having similar powers to develop and carry
27 on a complete interstate, national and international system of
28 criminal identification and investigation and also to furnish,
29 upon request, any information in its possession concerning any
30 person charged with a criminal offense to any court, district
20050S0506B1798 - 38 -
1 attorney or police officer of this Commonwealth, another state
2 or the United States.
3 (e) District attorneys may employ experts.--
4 (1) District attorneys may employ experts on
5 fingerprints to assist them in the investigation of pending
6 cases and to testify at the trial thereof. The compensation
7 of any such expert shall be fixed by the district attorney
8 employing the expert, with the approval of the court of
9 common pleas, and shall be paid from the county treasury upon
10 warrant of the county commissioners in the usual manner.
11 (2) The district attorney of any county, the chief
12 administrator of a county correctional institution, any
13 expert employed by the district attorney or any other person
14 designated by the district attorney may, upon the written
15 order of the district attorney, take the fingerprints of any
16 person confined in the county correctional institution for
17 use in the identification of the inmate or for the inmate's
18 trial.
19 (3) (i) The district attorneys of the several counties
20 shall keep and arrange files of the fingerprints, taken
21 under this section, of persons convicted of a criminal
22 offense and shall destroy the fingerprints of all persons
23 acquitted.
24 (ii) The files of fingerprints maintained by the
25 district attorneys shall be open to the inspection of any
26 other district attorney of this Commonwealth, or their
27 representatives, or of the Pennsylvania State Police or
28 any sheriff or law enforcement officer.
29 (F) PENALTY.-- <--
30 (1) NEGLECT OR REFUSAL OF ANY PERSON MENTIONED IN THIS
20050S0506B1798 - 39 -
1 SECTION TO MAKE THE REPORT REQUIRED IN THIS SECTION, OR TO DO
2 OR PERFORM ANY OTHER ACT REQUIRED TO BE DONE OR PERFORMED IN
3 CONNECTION WITH THE OPERATION OF THIS SECTION, SHALL
4 CONSTITUTE A SUMMARY OFFENSE.
5 (2) SUCH NEGLECT OR REFUSAL SHALL ALSO CONSTITUTE
6 MALFEASANCE IN OFFICE AND SUBJECT SUCH PERSON TO REMOVAL FROM
7 OFFICE.
8 (3) ANY PERSON WHO REMOVES, DESTROYS OR MUTILATES ANY OF
9 THE RECORDS OF THE PENNSYLVANIA STATE POLICE OR OF ANY
10 DISTRICT ATTORNEY SHALL BE GUILTY OF A MISDEMEANOR OF THE
11 THIRD DEGREE.
12 SUBCHAPTER B
13 INMATE TRANSFERS
14 Sec.
15 1151. General transfer authorization.
16 1152. Transfers to department.
17 1153. Expense of removing certain inmates.
18 1154. Law enforcement use of county correctional institutions.
19 § 1151. General transfer authorization.
20 (a) County to State.--At the request of the chief
21 administrator of a county correctional institution, the
22 secretary or his designee may transfer inmates located in a
23 county correctional institution to the State correctional
24 institution system for such reasons and upon such terms and
25 conditions as the secretary may determine. The secretary or his
26 designee may transfer inmates in the State correctional
27 institution system to the jurisdiction of a county correctional
28 institution system upon such terms and conditions that the
29 secretary or his designee and the chief administrator of the
30 county correctional institution determine to be in the best
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1 interests of the Commonwealth.
2 (b) County to county.--An inmate located in a county
3 correctional institution may be transferred to another county
4 correctional institution upon such terms and conditions as the
5 counties may determine.
6 (c) Federal to county or State.--The department and county
7 correctional institutions may contract with the Federal
8 Government for the housing of Federal inmates in correctional
9 facilities.
10 § 1152. Transfers to department.
11 (a) Cities of the first class.--Every person sentenced by
12 any court to a county correctional institution situate in a city
13 of the first class shall be committed to the custody of the
14 department, where the department has established a correctional,
15 diagnostic and classification service for persons convicted of
16 any crime.
17 (b) Duty of department.--
18 (1) Every person committed to the custody of the
19 department under subsection (a) shall be confined, diagnosed
20 and classified by the department.
21 (2) Upon the completion of the diagnosis and
22 classification, the person shall be placed in the county
23 correctional institution of the city determined to be most
24 appropriate for the service of sentence.
25 (3) In making the determination under paragraph (2), the
26 department shall consider the problem of rehabilitation,
27 security, adequacy of facilities and such other factors as,
28 in its opinion, will serve to promote the rehabilitation of
29 inmates, consistent with the security and protection of the
30 county.
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1 (c) Intradepartmental transfers.--The department may
2 transfer between any correctional institutions under its control
3 or supervision an inmate confined and serving in any of those
4 institutions, whether the sentence is imposed before or after
5 the effective date of this section, if the transfer is, in the
6 opinion of the department, consistent with the standards for
7 original placement set forth in subsection (b).
8 § 1153. Expense of removing certain inmates.
9 The expenses of conveying inmates from the several counties
10 of this Commonwealth to the State correctional institutions in
11 the Eastern Region and Western Region shall be paid by the
12 counties from which the inmates may be sent.
13 § 1154. Law enforcement use of county correctional
14 institutions.
15 (a) General rule.--Sheriffs, constables, members of the
16 Pennsylvania State Police and other persons authorized by the
17 laws of this Commonwealth to make arrests shall have the use,
18 for a period not to exceed 48 hours, of borough and township
19 lockups and county correctional institutions for the detention
20 of persons arrested until they can be disposed of according to
21 law, if found necessary by the officer in charge.
22 (b) Reimbursement.--
23 (1) Boroughs, cities and townships are entitled to
24 receive compensation of not more than $2 per day of 24 hours,
25 for each prisoner detained under subsection (a), from the
26 treasury of the county having jurisdiction over the person
27 detained.
28 (2) This subsection does not apply to counties of the
29 second class.
30 SUBCHAPTER C
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1 ESCAPED INMATES
2 Sec.
3 1161. Return of escaped inmates.
4 1162. Escaped inmate costs.
5 1163. Maintenance of escaping inmates under new sentence.
6 1164. Criminal offense during confinement.
7 § 1161. Return of escaped inmates.
8 (a) General rule.--In all cases where an inmate after an
9 escape from a State correctional institution is apprehended or
10 arrested by any officer having authority to make such arrest,
11 the officer shall notify the State correctional institution from
12 which the escape was made. The State correctional institution
13 shall notify the department or the Pennsylvania State Police,
14 who shall immediately send an officer or officers to return the
15 inmate to the State correctional institution.
16 (b) Expenses.--All necessary expenses incurred by the
17 officer or officers in returning an escaped inmate to the State
18 correctional institution shall be borne by the State
19 correctional institution from which the escape was made, which
20 expenses shall be refunded to the county correctional
21 institution or the Pennsylvania State Police whose officer or
22 agent makes the return.
23 § 1162. Escaped inmate costs.
24 (a) County jurisdiction.--
25 (1) The cost of transporting an escaped inmate under the
26 jurisdiction of the county from the place of capture to any
27 county correctional institution after being sentenced for the
28 escape or for the commission of any crime or offense
29 following such escape and before apprehension, the cost of
30 maintenance while confined in the county correctional
20050S0506B1798 - 43 -
1 institution awaiting trial, as well as the costs of the trial
2 for the violation by an inmate under the jurisdiction of the
3 county under 18 Pa.C.S. § 5121 (relating to escape), or of
4 the trial for crimes and offenses committed after the escape
5 and before apprehension, or of the trial for crimes and
6 offenses committed on the grounds or within the buildings of
7 any county correctional institution, as well as the costs
8 incurred in any proceedings on writs of habeas corpus, coram
9 nobis or other petitions arising out of any escape or crime
10 or the trials therefor or in any appeals of any such
11 proceedings or trials shall in each instance be borne and
12 paid by the respective counties of the Commonwealth from
13 whose courts the inmates were originally committed to any
14 county correctional institution.
15 (2) The county liable for costs under this subsection
16 shall, upon bills rendered by the county paying the costs in
17 the first instance, pay to that county the amount of the
18 costs.
19 (b) State jurisdiction.--The cost of transporting escaped
20 inmates under the jurisdiction of the Commonwealth from the
21 place of capture to any State correctional institution after
22 being sentenced for the escape, or for the commission of any
23 criminal offense following the escape and before apprehension,
24 as well as the costs of the trial for escape or breaking away of
25 inmates from any State correctional institution or the violation
26 by the inmates under the jurisdiction of the Commonwealth under
27 18 Pa.C.S. § 5121, or of the trial for crimes and offenses
28 committed after such escape and before apprehension, or of the
29 trial for crimes and offenses committed on the grounds or within
30 the buildings of any State correctional institution, as well as
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1 the costs incurred in any proceedings on writs of habeas corpus,
2 coram nobis or other petitions arising out of any escape or
3 criminal offense or the trials therefor, or in any appeals of
4 any such proceedings or trials, shall in each instance be borne
5 and paid by the Commonwealth.
6 (c) Definition.--As used in this section, the term "costs"
7 includes, but is not limited to, charges for court stenographer,
8 district attorney, witness fees, magisterial district judge,
9 clerk of court, public defender and court-appointed attorney.
10 § 1163. Maintenance of escaping inmates under new sentence.
11 (a) County jurisdiction.--In case of conviction and sentence
12 of an escaping inmate under the jurisdiction of the county, the
13 costs of maintenance of the inmates under such new sentence
14 shall be borne by the county from which the inmate was
15 originally committed.
16 (b) State jurisdiction.--In case of conviction and sentence
17 of an escaping inmate under the jurisdiction of the
18 Commonwealth, the costs of maintenance of the inmate under such
19 new sentence shall be borne by the Commonwealth.
20 (c) Additional police expenses.--Any additional police
21 expenses incurred by a political subdivision as a result of the
22 escape of an inmate under the jurisdiction of the Commonwealth
23 shall be borne by the Commonwealth.
24 § 1164. Criminal offense during confinement.
25 Where an inmate is in a State correctional institution either
26 because of the inmate's sentence pursuant to the inmate's
27 conviction or plea of guilty to a criminal charge or because of
28 a commitment issued by any court of the Commonwealth having
29 jurisdiction and, while so confined, the inmate commits a
30 criminal offense and is subsequently convicted or enters a plea
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1 of guilty, the expenses of keeping the inmate in any State
2 correctional institution pursuant to such subsequent conviction
3 or plea of guilty shall be borne by the Commonwealth.
4 CHAPTER 13
5 (RESERVED)
6 CHAPTER 15
7 (RESERVED)
8 CHAPTER 17
9 COUNTY CORRECTIONAL INSTITUTIONS
10 Subchapter
11 A. Counties and Cities of the First Class
12 B. County Jail Oversight Board in Counties of the Second
13 Class and Second Class A
14 C. Other Counties
15 D. Alternative Plan for Certain Counties
16 E. Penal Operations and Procedures
17 F. Joint Detention Centers
18 G. Joint Industrial Farms and Workhouses
19 SUBCHAPTER A
20 COUNTIES AND CITIES OF THE FIRST CLASS
21 Sec.
22 1701. Appropriations for improvements, railroad connection
23 and commitments.
24 1702. Arrest of disorderly minors.
25 1703. Commitment of disorderly minors and appeal.
26 1704. Employment of inmates.
27 1705. Punishment for destroying property.
28 1706. Supplies and reports.
29 1707. Deficiency in maintenance.
30 1708. Habeas corpus.
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1 1709. Extension of powers.
2 1710. Annual statement.
3 1710.1. Name of jail and appointment of inspectors.
4 1710.2. Duties of physician.
5 1710.3. Visitors to have permission in writing.
6 1710.4. Treatment of inmates on discharge.
7 1710.5. County of the first class to supply deficiency in
8 furnishing and maintaining prison.
9 1710.6. Inmates sentenced for less than two years to county
10 prison.
11 1710.7. Coroner of first class county not to hold inquests on
12 convicts, except in certain cases.
13 1710.8. Inspectors to discharge inmates.
14 1710.9. Treatment of inmates convicted of capital offenses.
15 1710.10. Cities of the first class.
16 § 1701. Appropriations for improvements, railroad connection
17 and commitments.
18 Whenever the Board of Trustees of the Philadelphia Prison
19 System shall desire to make any additional permanent improvement
20 or purchase additional ground and shall recommend that the same
21 be done, then the city council of the City of Philadelphia shall
22 make all necessary appropriations asked for by the board for the
23 purposes so recommended. The board of the Philadelphia Prison
24 System shall superintend and direct the erection, completion and
25 furnishing of the buildings during the progress of the work. The
26 board may extend from their property a single track railroad
27 along and over such lands as may intervene between their ground
28 and the Philadelphia and Trenton Railroad Company, and connect
29 therewith, provided the railroad company assents thereto (the
30 distance of the road not to exceed 2,000 yards), and to purchase
20050S0506B1798 - 47 -
1 right-of-way over the land to Philadelphia and Trenton Railroad,
2 and to erect wharves upon their property.
3 § 1702. Arrest of disorderly minors.
4 Upon complaint made on oath to any magisterial district judge
5 against any child A CHILD WHO IS AT LEAST 16 YEARS OF AGE AND <--
6 WHO RESIDES within a city of the first class not under the age <--
7 of 16 by the child's parent or guardian or other person standing
8 to the child in place of a parent as being disorderly, the
9 magisterial district judge shall issue a warrant for the
10 apprehension of the offender and cause the offender to be
11 brought before himself or any other magisterial district judge
12 for examination.
13 § 1703. Commitment of disorderly minors and appeal.
14 If a magisterial district judge is satisfied by competent
15 testimony that a person is a disorderly child within the meaning
16 of this subchapter, he shall make up and sign a record of
17 conviction and shall by warrant commit the person to the
18 Philadelphia Prison System. The powers and duties of the Board
19 of Trustees of the Philadelphia Prison System in relation to the
20 children shall be the same in all things as are prescribed as to
21 other minors received by them. The magisterial district judge,
22 in addition to the record of conviction, shall annex the names
23 and addresses of the different witnesses examined before him and
24 the substance of the testimony given by them, respectively, on
25 which the conviction was founded, provided that any person
26 committed shall have the same right of appeal as is secured by
27 law to persons convicted of criminal offenses, but on such
28 appeal, mere informality in the issuing of any warrant shall not
29 be held to be sufficient cause for granting a discharge.
30 § 1704. Employment of inmates.
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1 Every inmate in the custody of the Philadelphia Prison System
2 not disqualified by sickness or casualty shall be employed by
3 the superintendent CHIEF ADMINISTRATOR in quarrying stone, <--
4 cultivating the ground, manufacturing such articles as may be
5 needed for the prison, almshouse, other public institution of <--
6 the State or city of the first class or for other persons and at
7 such other labor as shall, upon trial, be found to be profitable
8 to the institution and suitable to its proper discipline and
9 health and capacities of the inmates. The superintendent CHIEF <--
10 ADMINISTRATOR may detail such numbers of the inmates as he may
11 regard proper to do the work outside the grounds of the
12 institution for any of the departments or institutions of the
13 city of the first class or for such other persons as may be
14 approved by the board of managers.
15 § 1705. Punishment for destroying property.
16 Any inmate of the Philadelphia Prison System who shall
17 willfully break, destroy or injure any material, machinery,
18 tool, property or thing belonging to the Philadelphia Prison
19 System or shall escape therefrom shall be charged with the
20 offense of escape set forth in 18 Pa.C.S. § 5121 (relating to
21 escape).
22 § 1706. Supplies and reports.
23 The prison commissioner shall make a monthly requisition on
24 the Board of Trustees of the Philadelphia Prison System for all
25 articles which the superintendent CHIEF ADMINISTRATOR shall deem <--
26 necessary for the institution, and such as shall be approved by
27 them shall be purchased. The prison commissioner shall, once in
28 every month, report to the board of trustees the number of
29 inmates committed, discharged, sick, dead or remaining in the
30 institution and the quality and kind of labor performed. The
20050S0506B1798 - 49 -
1 board of trustees shall transmit annually to the city council a
2 condensed statement of the finances of the institution.
3 § 1707. Deficiency in maintenance.
4 For any deficiency in furnishing, keeping and maintaining the
5 Philadelphia Prison System, in conformity with the provisions of
6 this subchapter, the trustees may apply to the city council for
7 such sum or sums as shall be necessary; and the city council
8 shall appropriate the sum or sums deemed necessary.
9 § 1708. Habeas corpus.
10 Any person committed to the Philadelphia Prison System by any
11 other authority than the court of common pleas of the county of
12 the first class may apply for a writ of habeas corpus to any
13 judge of the court. Upon return of the writ, if the judge deems
14 there is sufficient or reasonable ground for granting the writ,
15 the judge shall enter upon a rehearing of the evidence and
16 either discharge the individual or modify or confirm the
17 commitment.
18 § 1709. Extension of powers.
19 The same power and authority that are given by ordinance of
20 councils or acts of the General Assembly to the guardians of the
21 poor, prison inspectors and managers of the House of Refuge of
22 the City of Philadelphia are hereby extended to the Board of
23 Trustees of the Philadelphia Prison System.
24 § 1710. Annual statement.
25 The board of trustees shall, on or before the first day of
26 November of each year, submit to council a statement of the sums
27 necessary for the maintenance of the Philadelphia Prison System
28 for the ensuing term.
29 § 1710.1. Name of jail and appointment of inspectors.
30 (a) General rule.--The prison erected under the provisions
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1 of the act of March 30, 1831 (P.L.228, No.123), entitled "An act
2 to provide for the erection of a new prison and a debtor's
3 apartment within the city and county of Philadelphia, and for
4 the sale of the county prison in Walnut-street, in said city,"
5 shall be known as the Philadelphia County Prison and shall be
6 managed by a board of inspectors consisting of 12 citizens
7 residing in the City of Philadelphia or County of Philadelphia
8 who shall serve without any pecuniary compensation as follows:
9 (1) Four members shall be appointed by the Mayor,
10 Recorder and Aldermen of the City of Philadelphia.
11 (2) Four members shall be appointed by the judges of the
12 court of common pleas.
13 (3) Four members shall be appointed by the judges of the
14 District Court of the City of Philadelphia and County of
15 Philadelphia.
16 (b) Terms.--The members shall serve for four years or until
17 their successors shall be appointed. In case of vacancy by
18 death, resignation or otherwise, the member shall be supplied by
19 the court who appointed the individual who has caused the
20 vacancy upon notice of such vacancy from the president of the
21 board of inspectors. The first appointment of inspectors under
22 the former act of April 14, 1835 (P.L.232, No.140), entitled "A
23 supplement to the act entitled An act to provide for the
24 erection of a new prison and a debtors' apartment within the
25 city and county of Philadelphia, and for the sale of the county
26 prison in Walnut street in said city," shall be made on the
27 first Monday in May next following and annually thereafter.
28 § 1710.2. Duties of physician.
29 (a) General rule.--The physician shall:
30 (1) Visit the Philadelphia County Prison daily, visit
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1 and prescribe for all who are sick and at least once a month
2 visit every inmate confined in the county correctional
3 institution and report monthly in writing to the inspectors
4 as to the health of the inmates in the county correctional
5 institution.
6 (2) Attend immediately, on notice from the
7 superintendent CHIEF ADMINISTRATOR, any person that is sick. <--
8 (3) Examine every person brought into the county
9 correctional institution as an inmate as to the state of the
10 inmate's health.
11 (4) Keep a journal in which a record is maintained of
12 the names of all inmates as they come in and the state of
13 their health and also of all persons confined who may come
14 under the physician's care for medical treatment, together
15 with such remarks as the physician may deem important, which
16 journal shall be open to the inspectors and superintendent <--
17 CHIEF ADMINISTRATOR whenever they may require it. <--
18 (b) Dietary considerations and infirmary cells.--
19 (1) Inmates who are under the care of the physician
20 shall be allowed such diet as the physician shall direct.
21 (2) The inspectors shall appropriate as many cells,
22 together with the infirmary, as they may deem necessary for
23 the special occupation of the sick, and have the cells so
24 fitted up as will best promote the health, convenience and
25 comfort of the inmates.
26 (3) Whenever, in the opinion of the physician, an inmate
27 is so ill as to require removal from the ordinary cells to
28 those appropriated for the sick, the superintendent CHIEF <--
29 ADMINISTRATOR shall direct such removal, and the inmate shall
30 be kept there until the physician shall certify that the
20050S0506B1798 - 52 -
1 inmate may be returned to the inmate's former cell without
2 injury to the inmate's health.
3 (4) Should the physician have reason to believe that an
4 inmate is materially affected by the discipline, treatment or
5 diet, the physician shall, if he thinks proper, order an
6 alteration therein, which order shall be entered on the
7 physician's journal, and a copy thereof furnished to the
8 superintendent CHIEF ADMINISTRATOR who shall carry the order <--
9 into effect until the next visit of the visiting inspectors,
10 who shall inquire into the case and confirm or annul the
11 order or refer the same to the board of inspectors.
12 § 1710.3. Visitors to have permission in writing.
13 (a) General rule.--No person shall be permitted to visit the
14 Philadelphia County Prison except:
15 (1) An official visitor specified in subsection (b).
16 (2) A person who has permission in writing from one of
17 the inspectors.
18 (3) An attorney who may be permitted to visit the
19 attorney's client confined for trial, as provided for by law.
20 (b) Designation of official visitors.--The official visitors
21 are:
22 (1) The Governor.
23 (2) The members of the General Assembly.
24 (3) The Secretary of the Commonwealth.
25 (4) The Attorney General.
26 (5) The deputies for the city of the first class and
27 county of the first class.
28 (6) The president and associate judges of the district
29 court of the City of Philadelphia and the County of
30 Philadelphia and the court of common pleas.
20050S0506B1798 - 53 -
1 (7) The grand juries of the county of the first class.
2 (8) Commissioners of the county of the first class.
3 (9) The acting committee of the Philadelphia society for
4 alleviating the miseries of public prisons OR ITS SUCCESSOR. <--
5 (10) The mayor and recorder of the City of Philadelphia.
6 (c) Communication prohibited.--
7 (1) Except for the official visitors identified in
8 subsection (b), no person shall have any communication with
9 the inmates except by authority of the board of prison
10 inspectors, who may issue permits to visit an inmate after
11 sentence in their discretion.
12 (2) No visitor may be permitted to deliver or to receive
13 from any inmate any letter or message whatever or to supply
14 an inmate with any article, except such letters or messages
15 to and from inmates confined for trial as may be first
16 submitted or communicated to the superintendent CHIEF <--
17 ADMINISTRATOR or one of the inspectors and approved by them,
18 or either of them, under the penalty of a $100 fine, to be
19 recovered as provided for other fines imposed by the act of
20 March 30, 1831 (P.L.228, No.123), entitled "An act to provide
21 for the erection of a new prison and a debtor's apartment
22 within the city and county of Philadelphia, and for the sale
23 of the county prison in Walnut-street, in said city."
24 § 1710.4. Treatment of inmates on discharge.
25 (a) Clothing.--When an inmate shall be discharged by the
26 expiration of the term for which the inmate was sentenced or by
27 pardon, the clothes belonging to the Philadelphia County Prison
28 shall be taken off and the clothing belonging to the inmate
29 restored, together with such property, if any, that was taken
30 from the inmate at the time of reception into the county
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1 correctional institution, which has not been otherwise legally
2 disposed of.
3 (b) Furnishing of suitable clothing.--If an inmate shall not
4 possess suitable clothing, the inspectors shall provide the
5 inmate with what may in their judgment be necessary. The
6 inspectors and superintendent CHIEF ADMINISTRATOR may furnish <--
7 the discharged inmate with a sum of money or clothing not
8 exceeding $5.
9 § 1710.5. County of the first class to supply deficiency in
10 furnishing and maintaining prison.
11 For any deficiency in keeping, furnishing and maintaining the
12 Philadelphia County Prison, in conformity with the provisions of
13 this chapter, the inspectors are authorized to apply to the
14 commissioners of the county of the first class for such sum or
15 sums as may be necessary or required. If it shall appear
16 reasonable, and that the accounts of the inspectors are properly
17 kept and adjusted, the commissioners of the county of the first
18 class shall draw an order on the treasurer of the county of the
19 first class for such sum or sums as may be necessary to satisfy
20 such demands.
21 § 1710.6. Inmates sentenced for less than two years to county
22 prison.
23 A person who shall be convicted in any court of common pleas
24 in the city of the first class or county of the first class of
25 any crime or offense, the punishment of which would be
26 imprisonment for a period of time under two years, shall be
27 sentenced by the court to imprisonment in the Philadelphia
28 County Prison, by separate or solitary confinement at hard labor
29 for and during the term of the person's sentence and shall be
30 fed, clothed and treated as provided for in this chapter.
20050S0506B1798 - 55 -
1 § 1710.7. Coroner of first class county not to hold inquests on
2 convicts, except in certain cases.
3 (a) General rule.--The coroner of a county of the first
4 class may not hold an inquest on the body of any inmate who dies
5 during confinement in the county prison unless required by the
6 inspectors thereof, except in cases of murder, suicide,
7 manslaughter or death caused by casualties.
8 (b) Physician to give certificate of death of inmate.--The
9 attending physician of the county prison in a county of the
10 first class shall certify to the inspectors thereof the name and
11 age of any inmate who dies in the county prison, together with
12 the disease or cause of death of the inmate, so far as the
13 attending physician can ascertain the same. The inspectors shall
14 copy the certificate into a book to be kept by them for that
15 purpose. After copying the certificate, the inspector shall send
16 the certificate to the Board of Health of the county, who shall
17 file the certificate. The inspectors shall inter the body of the
18 inmate.
19 § 1710.8. Inspectors to discharge inmates.
20 The board of prison inspectors of a county of the first class
21 may discharge from the county prison any inmate who may have
22 served the inmate's term of imprisonment, in the same manner and
23 upon the same conditions as provided under this title for other
24 county correctional institutions.
25 § 1710.9. Treatment of inmates convicted of capital offenses.
26 The board of prison inspectors of a county of the first class
27 shall treat prisoners sentenced to execution and who are not
28 executed after an imprisonment of six months, as other inmates
29 who are sentenced to confinement and labor.
30 § 1710.10. Cities of the first class.
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1 A city of the first class may establish a prison system for
2 the reception and detention of all persons charged with a
3 criminal offense or held as witnesses in any judicial
4 proceeding.
5 SUBCHAPTER B
6 COUNTY JAIL OVERSIGHT BOARD IN
7 COUNTIES OF THE SECOND CLASS
8 AND SECOND CLASS A
9 Sec.
10 1721. Scope of subchapter.
11 1722. Definitions.
12 1723. County jail oversight board.
13 1724. Powers and duties.
14 1725. Rules and regulations.
15 1726. Warden.
16 1727. Board meetings.
17 1728. Contracts and purchases.
18 § 1721. Scope of subchapter.
19 This subchapter relates to county jail oversight boards in
20 counties of the second class and counties of the second class A.
21 § 1722. 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 "Board." The county jail oversight board of a county.
26 "County." A county of the second class or a county of the
27 second class A.
28 § 1723. County jail oversight board.
29 (a) Establishment.--There is hereby established in each
30 county a county jail oversight board which shall be named the
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1 (Name of County) County Jail Oversight Board. The board shall be
2 a continuation of the county prison board originally established
3 under the former act of December 10, 1980 (P.L.1152, No.208),
4 known as the Second Class County Prison Board Act, and the
5 former Article XXX-A of the act of July 28, 1953 (P.L.723,
6 No.230), known as the Second Class County Code.
7 (b) Composition.--The board shall be composed of:
8 (1) The county chief executive.
9 (2) Two judges of the court of common pleas, one of whom
10 shall be the president judge or his designee who shall be a
11 judge, and one judge appointed by the president judge.
12 (3) The county sheriff.
13 (4) The county controller.
14 (5) The president of county council or his designee.
15 (6) Three citizen members as provided in subsection (c).
16 (c) Qualifications of citizen members.--The citizen members
17 shall not be employees of the county or of the Commonwealth.
18 They shall serve for a term of three years and shall be
19 representative of the broad segments of the county's population
20 and shall include persons whose background and experience
21 indicate that they are qualified to act in the interest of the
22 public. The citizen members shall be appointed by the county
23 chief executive with the consent of county council.
24 § 1724. Powers and duties.
25 (a) General rule.--The board's administrative powers and
26 duties shall include the operation and maintenance of the prison
27 and all alternative housing facilities, the oversight of the
28 health and safekeeping of inmates and the confirmation of the
29 chief executive's selection of a warden.
30 (b) Living conditions.--The board shall insure that the
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1 living conditions within the prison and alternative housing
2 facilities are healthful and otherwise adequate.
3 (c) Unannounced inspections.--The board shall, at least
4 twice each year, conduct an unannounced inspection of the
5 prison's physical plant. During such inspections the board shall
6 interview a cross section of inmates, out of the presence of the
7 warden and his agents, to determine the conditions within the
8 prison and alternative housing facilities. After each
9 inspection, the board shall prepare a written report setting
10 forth its findings and determinations which shall be available
11 for public inspection.
12 (d) Operations to be consistent with law.--The board shall
13 insure that the prison is being operated in accordance with its
14 regulations AND the laws and regulations of this Commonwealth <--
15 and of the United States.
16 (e) Investigations.--The board shall investigate allegations
17 of inadequate prison conditions and improper practices occurring
18 within the prison and may make such other investigations or
19 reviews of prison operation and maintenance. The books, papers
20 and records of the prison, including, but not limited to, the
21 papers and records of the warden and those relating to
22 individual inmates, shall at all times be available for
23 inspection by the board.
24 § 1725. Rules and regulations.
25 The board shall, in the manner provided by law, promulgate
26 such rules, regulations and forms it deems necessary for the
27 proper administration of the board and for the operation of the
28 prison and alternative housing facilities.
29 § 1726. Warden.
30 (a) Appointment.--
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1 (1) The chief executive shall appoint a warden subject
2 to confirmation by the board. The warden shall serve at the
3 pleasure of the chief executive, who shall fix an appropriate
4 salary.
5 (2) The warden shall be a resident of the county six
6 months after the date of appointment.
7 (b) Duty to employ staff.--Subject to approval of the
8 manager, the warden shall employ deputies, assistants and other
9 personnel required to adequately operate the prison and
10 alternative housing facilities.
11 (c) Duty to report.--
12 (1) The warden shall submit an annual written report to
13 the board which shall contain information on the population,
14 conditions and practices in the prison and other matters as
15 specified by the board. The annual report shall be available
16 for public inspection.
17 (2) The warden shall report to the county chief
18 executive and to the board.
19 § 1727. Board meetings.
20 The board shall meet at least once each month and shall keep
21 regular minutes of its proceedings which shall be open to public
22 inspection.
23 § 1728. Contracts and purchases.
24 All contracts and purchases required for the maintenance and
25 support of the prisoners, repairs and improvements of the prison
26 and alternative housing facilities and materials and supplies
27 shall be conducted in accordance with the applicable provisions
28 of the county administrative code.
29 SUBCHAPTER C
30 OTHER COUNTIES
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1 Sec.
2 1731. Establishment.
3 1732. Board meetings.
4 1733. Appointment of warden and employees.
5 1734. Powers of peace officers.
6 1735. Expenditures.
7 1736. Bonding requirement.
8 § 1731. Establishment.
9 (a) General rule.--
10 (1) In counties of the third, fourth and fifth class,
11 the persons now holding the following offices and their
12 successors in each county of the third, fourth or fifth class
13 shall compose a board to be known as the board of inspectors
14 of the jail or county prison.
15 (2) The following persons shall be members of the board:
16 (i) The president judge of the court of common pleas
17 or a judge designated by him.
18 (ii) The district attorney.
19 (iii) The sheriff.
20 (iv) The controller.
21 (v) The county commissioners.
22 (3) The board and the officers appointed by it shall
23 provide for the safekeeping, discipline and employment of
24 inmates and the government and management of the correctional
25 institution.
26 (4) The duty of the sheriff relating to the safekeeping
27 of inmates shall cease and determine on their committal to
28 the correctional institution, and the sheriff may not be
29 furnished a residence in the correctional institution.
30 (5) Notwithstanding the provisions of paragraph (2), the
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1 president judge may choose at any time to delete the judge
2 position from the board by so notifying the chairperson and
3 secretary of the board in writing. The decision to delete
4 this position shall remain in effect for as long as the
5 president judge making the decision shall remain as president
6 judge and thereafter until rescinded in like fashion by a
7 successor.
8 (b) Counties that may elect to be subject to subchapter.--
9 Any county of the sixth, seventh or eighth class may elect by
10 resolution of the county commissioners to be governed by the
11 provisions of this subchapter.
12 § 1732. Board meetings.
13 (a) Quorum.--A majority of the members of the board shall
14 constitute a quorum for the transaction of business, and all
15 actions of the board shall be by the approval of a majority of
16 all the members of the board.
17 (b) Frequency and nature of meetings.--
18 (1) The board shall meet monthly, or more often if
19 required, and keep regular minutes of their proceedings in a
20 book to be filed with the financial records of the county.
21 The board shall make such rules and regulations for the
22 government and management of the county correctional
23 institution and the safekeeping, discipline and employment of
24 the inmates, as may be deemed necessary.
25 (2) The meetings shall be held at the county
26 correctional institution no less often than quarterly.
27 § 1733. Appointment of warden and employees.
28 The board shall appoint a warden of the county correctional
29 institution. The warden, subject to the approval of the board,
30 may appoint such deputy or deputies, assistant or assistants or
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1 corrections officers as may be required in the taking care of
2 the county correctional institution. The number and compensation
3 of such deputies, assistants or corrections officers shall be
4 fixed by the salary board.
5 § 1734. Powers of peace officers.
6 A chief administrator, deputy warden or corrections officer
7 of a county correctional institution may exercise the powers of
8 a peace officer in the performance of that person's duties
9 generally in:
10 (1) Guarding, protecting and delivering inmates.
11 (2) Protecting the property and interests of the county.
12 (3) Capturing and returning inmates that may have
13 escaped.
14 § 1735. Expenditures.
15 All the expenditures required for the support and maintenance
16 of inmates and the repairs and improvement of the county
17 correctional institution shall be paid from the county treasury
18 by warrants drawn, in the mode prescribed by law, on the regular
19 appropriation for the purpose. No warrant shall be certified by
20 the controller for any expense connected with the county
21 correctional institution unless on vouchers approved by a
22 majority of the board and endorsed by the president and
23 secretary of the board, and all contracts involving an
24 expenditure of funds from the county treasury shall be made in
25 accordance with the procedures set forth in Article XVIII of the
26 act of August 9, 1955 (P.L.323, No.130), known as The County
27 Code.
28 § 1736. Bonding requirement.
29 The chief administrator of a county correctional institution,
30 at the time of appointment, shall give bond, with good and
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1 sufficient security to be fixed and approved by the board of
2 inspectors, for the faithful performance of the chief
3 administrator's duty and may at any time be removed by the board
4 for misconduct or inefficiency. All deputies, assistants or
5 corrections officers shall also give bond if required by the
6 board and may at any time be suspended by the chief
7 administrator or removed by the board.
8 SUBCHAPTER D
9 ALTERNATIVE PLAN FOR CERTAIN COUNTIES
10 Sec.
11 1741. Sixth, seventh and eighth class counties.
12 1742. Appointment of prison commissioners.
13 § 1741. Sixth, seventh and eighth class counties.
14 (a) Management by sheriff.--In a county of the sixth,
15 seventh and eighth class, the government, management and control
16 of the county prison and the safekeeping, care, maintenance,
17 discipline and employment of the inmates therein are vested in
18 the sheriff of the county and the officers and employees
19 appointed by the sheriff.
20 (b) Residence may be furnished.--The sheriff and the
21 sheriff's family may be furnished a residence in the county
22 prison.
23 (c) Staffing.--The sheriff shall from time to time, with
24 approval of the county salary board, appoint as many corrections
25 officers and other employees of the county prison as the salary
26 board shall approve. The compensation of the corrections
27 officers and other employees shall be fixed by the county salary
28 board in the same manner as the compensation of other appointed
29 county officers and employees.
30 § 1742. Appointment of prison commissioners.
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1 Whenever the appointment of prison commissioners in any
2 county having a population of more than 150,000 is by law lodged
3 in the judges of the court of common pleas, the appointments
4 shall, in all cases as nearly as possible, be equally divided
5 between the two political parties polling the highest number of
6 votes at the preceding general election.
7 SUBCHAPTER E
8 PENAL OPERATIONS AND PROCEDURES
9 Sec.
10 1751. (Reserved). <--
11 1752. Costs of confinement.
12 1753. Board of inspectors to regulate salaries of wardens and
13 other staff.
14 1754. Residence of warden.
15 1755. Bonds for county prison staff in fourth class counties.
16 1756. Property exempt from taxation.
17 § 1751. (Reserved).
18 1751. COSTS OF CONFINEMENT. <--
19 1752. BOARD OF INSPECTORS TO REGULATE SALARIES OF WARDENS AND
20 OTHER STAFF.
21 1753. RESIDENCE OF WARDEN.
22 1754. BONDS FOR COUNTY PRISON STAFF IN FOURTH CLASS COUNTIES.
23 1755. PROPERTY EXEMPT FROM TAXATION.
24 1756. LOSS OF PRIVILEGES.
25 1757. COLLECTION FROM CERTAIN INMATES.
26 § 1752 1751. Costs of confinement. <--
27 (a) Liability of cities.--
28 (1) When an inmate is committed to any county
29 correctional institution in this Commonwealth, either for the
30 nonpayment of a fine or penalty imposed for the violation of
20050S0506B1798 - 65 -
1 any city ordinance or while awaiting a hearing upon any
2 charge for the violation of any city ordinance, the costs of
3 proceedings and the expenses of maintaining the inmate during
4 his confinement by virtue of the commitment shall be borne
5 and paid by the city whose ordinance was alleged to have been
6 violated or to which any such fines or penalties are payable.
7 (2) The county in which the city is located shall not be
8 liable to the sheriff for any such maintenance or to any
9 officer, magistrate or person for any costs of such
10 proceedings.
11 (b) Nonapplicability.--This section does not apply to a city
12 of the third class.
13 § 1753 1752. Board of inspectors to regulate salaries of <--
14 wardens and other staff.
15 (a) General rule.--The board of inspectors in any county
16 where such board exists shall, from time to time, fix and change
17 the salaries and compensation of the deputy wardens, corrections
18 officers and other persons employed in and about the county
19 prison.
20 (b) Nonapplicability.--This section shall not apply to
21 counties in which cities are coextensive with the counties.
22 § 1754 1753. Residence of warden. <--
23 In any county where the government of the county prison is
24 vested in a prison board, the prison board may fix the place of
25 residence of the warden of the county prison either in the jail
26 or elsewhere.
27 § 1755 1754. Bonds for county prison staff in fourth class <--
28 counties.
29 In any county of the fourth class in which there is a board
30 of inspectors, the board shall pay out of the public moneys
20050S0506B1798 - 66 -
1 under its jurisdiction the premiums on all bonds of employees
2 appointed by the board who are required to furnish bond.
3 § 1756 1755. Property exempt from taxation. <--
4 All the property, real and personal, authorized to be held
5 under the former act of June 26, 1895 (P.L.377, No.269),
6 entitled "An act authorizing the erection of work-houses in the
7 several counties of this Commonwealth," shall be exempt from
8 taxation and from levy and sale by virtue of execution or any
9 other process.
10 § 1756. LOSS OF PRIVILEGES. <--
11 A CHIEF ADMINISTRATOR OF A COUNTY CORRECTIONAL INSTITUTION
12 MAY REFUSE TO PERMIT A PRISONER TO EXERCISE THE PRISONER'S
13 PRIVILEGE TO LEAVE THE COUNTY CORRECTIONAL INSTITUTION FOR A
14 PERIOD OF NOT MORE THAN FIVE DAYS FOR ANY BREACH OF DISCIPLINE
15 OR OTHER VIOLATION OF REGULATIONS OF THE COUNTY CORRECTIONAL
16 INSTITUTION.
17 § 1757. COLLECTION FROM CERTAIN INMATES.
18 THE GOVERNING BODY OF A COUNTY CORRECTIONAL INSTITUTION, OR
19 WHERE APPLICABLE THE COUNTY COMMISSIONERS, MAY, BY RESOLUTION
20 WHICH SHALL ESTABLISH RATES AND QUALIFICATIONS, AUTHORIZE THE
21 CHIEF ADMINISTRATOR TO COLLECT A REASONABLE AMOUNT FROM INMATES
22 INCARCERATED ONLY ON WEEKENDS OR OTHER SHORT PERIODS EACH WEEK.
23 SUBCHAPTER F
24 JOINT DETENTION CENTERS
25 Sec.
26 1761. Establishment by adjoining counties.
27 1762. Selection of site.
28 1763. Buildings.
29 1764. Construction contracts.
30 1765. Advisory board.
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1 1766. Meetings.
2 1767. Superintendent CHIEF ADMINISTRATOR and employees. <--
3 1768. Rules and regulations.
4 1769. Initial transfer of inmates.
5 1770. Employment of inmates.
6 1771. Cost of transporting inmates.
7 1772. Financial reporting.
8 1773. Allocation of expenses to counties.
9 1774. County appropriations.
10 1775. Exemption from taxation.
11 § 1761. Establishment by adjoining counties.
12 (a) Authority.--The county commissioners of any two or more
13 adjoining counties may join in establishing, according to a
14 plan, detention facilities for the confinement of persons
15 awaiting trial or sentence on criminal charges, convicted on
16 criminal charges or not otherwise eligible for confinement in
17 other county correctional institutions.
18 (b) Preapproval of plan by department.--Before establishing
19 detention facilities, the counties shall submit their plan to
20 the department for approval. The department may require, as a
21 condition to approving any plan, that two or more adjoining
22 counties join with another adjoining county to establish
23 detention facilities.
24 § 1762. Selection of site.
25 Whenever the commissioners of any two or more adjoining
26 counties decide and agree to construct a joint detention
27 facility, they shall acquire a suitable site for the facility.
28 The site may be selected from suitable lands already held by any
29 county of the district for county purposes from lands donated
30 for such purposes or any quantity of land within the respective
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1 districts. In the selection of a site, there shall be taken into
2 consideration the objects and purposes of the joint detention
3 center. Title to the land shall be approved by the county
4 solicitor of the county in which the land is located, or such
5 other title guarantee corporation or attorney as may be
6 designated by the commissioners of the counties, and shall be
7 taken in the name of the county or counties comprising the
8 district. The site, before purchase, shall be approved by the
9 department.
10 § 1763. Buildings.
11 After the selection and acquisition of sites, the county
12 commissioners of the counties may erect and construct suitable
13 and necessary buildings thereon, repair any buildings already
14 erected and equip the sites for use and occupancy.
15 § 1764. Construction contracts.
16 Joint detention facilities shall be constructed by contract
17 or contracts let by the county commissioners of the counties to
18 the lowest responsible and best bidder after due advertisement
19 in at least one newspaper, published in each of the counties
20 joining in the erection of the joint detention facilities, once
21 a week for two consecutive weeks. When so constructed, the joint
22 detention facilities shall be equipped by the county
23 commissioners of the counties at the cost of the counties in the
24 same manner as other county buildings are equipped.
25 § 1765. Advisory board.
26 After joint detention facilities have been erected and
27 equipped and are ready for occupancy, the president judges of
28 the courts of common pleas of the counties joining in the
29 construction of the joint detention facilities shall appoint an
30 advisory board to consist of three persons from each of the
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1 counties. The president judge of each of the counties shall
2 appoint one member of the board to serve for one year, one to
3 serve for two years, and one to serve for three years, or until
4 their successors are appointed and qualified. All appointments
5 at the expiration of any term shall be for a term of three
6 years.
7 § 1766. Meetings.
8 (a) General rule.--The advisory board shall meet at such
9 times as it deems necessary. The board shall visit and inspect
10 and keep in close touch with the management and operation of the
11 joint detention facilities and shall, from time to time, make
12 such recommendations and suggestions to the county commissioners
13 for changes or improvements in the management and operations of
14 the joint detention facilities as may be deemed advisable. It
15 shall also make an annual report to the county commissioners
16 concerning the management and operation of the joint detention
17 facilities.
18 (b) Administrative support.--The county commissioners shall,
19 at the expense of the counties, provide a meeting place for the
20 board and furnish all supplies and materials necessary to carry
21 on its work.
22 (c) Reimbursement of expenses.--The members of the board
23 shall not receive any compensation for their services, but shall
24 be reimbursed for all actual and necessary expenses incurred in
25 the discharge of their duties, which expenses shall be paid by
26 the counties as part of the cost of maintenance of the joint
27 detention facilities.
28 § 1767. Superintendent CHIEF ADMINISTRATOR and employees. <--
29 The county commissioners of the counties may, after
30 consultation with the advisory board, employ a superintendent <--
20050S0506B1798 - 70 -
1 CHIEF ADMINISTRATOR and such other employees as may be necessary <--
2 to conduct and manage properly the joint detention facilities
3 and shall fix their compensation. The duties of those officers
4 shall be prescribed by the rules and regulations of the joint
5 detention facilities. They shall hold their offices,
6 respectively, at the pleasure of and their compensation shall be
7 fixed by the appointing power.
8 § 1768. Rules and regulations.
9 The county commissioners of the counties shall, before any
10 inmate may be admitted to the joint detention facilities, after
11 consulting with the advisory board, make general rules and
12 regulations for the management of the joint detention
13 facilities, which rules and regulations shall be effective after
14 they are approved by the department.
15 § 1769. Initial transfer of inmates.
16 When, in any district formed by counties under this
17 subchapter, the arrangements are complete for the reception of
18 inmates, transfer of all persons who are subject to confinement
19 as provided in this subchapter shall be made to the joint
20 detention facilities of the district.
21 § 1770. Employment of inmates.
22 An inmate of a joint detention facility under the provisions
23 of this subchapter, unless disqualified by sickness or
24 otherwise, shall be kept at some useful employment as may be
25 suited to the inmate's age and capacity and as may tend to
26 promote the best interest of the inmate. If an inmate refuses to
27 perform the work assigned to the inmate or is guilty of other
28 acts of insubordination, the superintendent CHIEF ADMINISTRATOR <--
29 shall punish the inmate in such manner as the rules and
30 regulations provided for may prescribe. The superintendent CHIEF <--
20050S0506B1798 - 71 -
1 ADMINISTRATOR shall keep a record of and report to the advisory
2 board all such offenses and punishments.
3 § 1771. Cost of transporting inmates.
4 The cost of transporting inmates committed to the joint
5 detention facilities shall be paid by the counties,
6 respectively, from which the inmates are committed. The sheriff
7 of the county for inmates committed by the court and constables
8 for inmates committed by magisterial district judges shall
9 receive for the inmates committed to the joint detention
10 facilities no mileage or travel expenses on writs, except the
11 actual cost of transporting the inmates to the joint detention
12 facilities, together with any other fees for their services
13 allowed by law.
14 § 1772. Financial reporting.
15 A detailed statement of the receipt and expenditures by any
16 county constituting a part of the district for joint detention
17 facilities erected under the provisions of this subchapter shall
18 be published by the county commissioners of each county or by
19 the controller in the county. Where the report is published by
20 the controller, it shall be included in the annual statement of
21 the fiscal affairs of such county.
22 § 1773. Allocation of expenses to counties.
23 (a) General rule.--The original cost of the site and
24 buildings of the joint detention facilities and the equipment
25 thereof, all additions thereto and all fixed overhead charges in
26 conducting the joint detention facilities shall be paid by the
27 counties constituting the districts in the ratio of their
28 population according to the last preceding United States census.
29 (b) Inmate expense.--
30 (1) The cost of the care and maintenance of the inmates
20050S0506B1798 - 72 -
1 in the districts shall be certified monthly to the counties
2 from which inmates have been committed. The cost shall be
3 paid by the counties in proportion to the number of inmates
4 committed from each county.
5 (2) All payments shall be on warrants of the county
6 commissioners, countersigned by the county controller in
7 counties where that office exists.
8 § 1774. County appropriations.
9 The county commissioners of each county joining in
10 establishing detention facilities as provided for in this
11 subchapter may make appropriations or incur or increase the
12 indebtedness of the county, in the manner provided by law, to an
13 amount sufficient to pay its proportionate part of the cost of
14 acquiring a site and of erecting, constructing and equipping the
15 joint detention facilities by issuing coupon bonds at a rate of
16 interest not exceeding 7%, and payable within 30 years from the
17 date of issue. The county commissioners of the county shall levy
18 an annual tax in an amount necessary to pay interest and sinking
19 fund charges upon such bonds.
20 § 1775. Exemption from taxation.
21 All the property, real and personal, authorized to be held by
22 counties under this subchapter shall be exempt from taxation.
23 SUBCHAPTER G
24 JOINT INDUSTRIAL FARMS AND WORKHOUSES
25 Sec.
26 1781. Establishment by counties.
27 1782. Selection of site.
28 1783. Buildings.
29 1784. Construction contracts.
30 1785. Advisory board.
20050S0506B1798 - 73 -
1 1786. Meetings.
2 1787. Superintendent CHIEF ADMINISTRATOR and employees. <--
3 1788. Rules and regulations.
4 1789. Initial transfer of inmates.
5 1790. Employment of inmates.
6 1791. Cost of transporting inmates.
7 1792. Nature of inmate employment.
8 1793. Sale of goods and materials.
9 1794. Financial reporting.
10 1795. Allocation of expenses to counties.
11 1796. Borrowing authorized.
12 1797. Exemption from taxation.
13 1798. Nonapplicability.
14 § 1781. Establishment by counties.
15 The county commissioners of any two or more counties may join
16 in establishing a joint industrial farm and workhouse for the
17 confinement of:
18 (1) Persons sentenced by the courts of those counties,
19 after conviction, of any misdemeanor or felony, except
20 murder, voluntary manslaughter, rape and arson.
21 (2) Persons who are in default of payment of any fine or
22 penalty, or for nonpayment of costs, or for default in
23 complying with any order of court entered in any prosecution
24 for desertion or nonsupport, or for the violation of any
25 municipal ordinance.
26 § 1782. Selection of site.
27 Whenever the commissioners of any two or more counties decide
28 and agree to construct a joint industrial farm and workhouse,
29 they shall acquire a suitable site for the same. The site may be
30 selected from suitable lands already held by any county of the
20050S0506B1798 - 74 -
1 district for county purposes, from lands donated for such
2 purposes or from any quantity of land within the respective
3 districts. In the selection of a site, there shall be taken into
4 consideration the objects and purposes of the joint industrial
5 farm and workhouse and all or as many as practicable of the
6 advantages and resources set forth in this section. The land
7 selected and purchased shall be a varied topography, with
8 natural resources and advantages for many forms of husbandry,
9 fruit growing and stock raising, for brickmaking and for the
10 preparation of all other road and paving material and shall have
11 good railroad, drainage, sewage and water facilities. Title to
12 the land shall be approved by the county solicitor of the county
13 in which the land is located or such other title guarantee
14 corporation or attorney as maybe designated by the commissioners
15 of the counties and shall be taken in the name of the county or
16 counties comprising the district.
17 § 1783. Buildings.
18 After the selection and acquisition of the sites, the county
19 commissioners of the counties may erect and construct suitable
20 and necessary buildings thereon, repair any buildings already
21 erected and equip the buildings for use and occupancy. All
22 buildings constructed in pursuance of this subchapter shall be
23 plain and inexpensive in character. The labor in constructing
24 such buildings and improvements and facilities shall be supplied
25 by the persons committed to county correctional institutions in
26 the counties or transferred thereto from any county correctional
27 institution, so far as found practicable.
28 § 1784. Construction contracts.
29 Joint industrial farm and workhouse buildings shall be
30 constructed by contract or contracts let by the county
20050S0506B1798 - 75 -
1 commissioners of the counties to the lowest responsible and best
2 bidder, after due advertisement in at least one newspaper,
3 published in each of the counties joining in the erection of the
4 joint industrial farm and workhouse, once a week for four
5 consecutive weeks. When so constructed, the joint industrial
6 farm and workhouse buildings shall be equipped by the county
7 commissioners of the counties at the cost of the counties in the
8 same manner as other county buildings are equipped.
9 § 1785. Advisory board.
10 After a joint industrial farm and workhouse has been erected
11 and equipped and is ready for occupancy, the president judges of
12 the courts of common pleas of the counties joining in the
13 construction of the joint industrial farm and workhouse shall
14 appoint an advisory board to consist of three persons from each
15 of the counties. The president judge of each of the counties
16 shall appoint one member of the board to serve for one year, one
17 to serve for two years, and one to serve for three years, or
18 until their successors are appointed and qualified. All
19 appointments at the expiration of any term shall be for a term
20 of three years.
21 § 1786. Meetings.
22 (a) General rule.--The advisory board shall meet monthly and
23 at such other times as may be deemed necessary. The board shall
24 visit and inspect and keep in close touch with the management
25 and operation of the joint industrial farm and workhouse and
26 shall, from time to time, make such recommendations and
27 suggestions to the county commissioners for changes or
28 improvements in the management and operations of the joint
29 industrial farm and workhouse as may be deemed advisable. It
30 shall also make an annual report to the county commissioners
20050S0506B1798 - 76 -
1 concerning the management and operation of the industrial farm
2 and workhouse.
3 (b) Administrative support.--The county commissioners shall,
4 at the expense of the counties, provide a meeting place for the
5 board and furnish all supplies and materials necessary to carry
6 on its work.
7 (c) Reimbursement of expenses.--The members of the board
8 shall not receive any compensation for their services, but shall
9 be allowed all actual and necessary expenses incurred in the
10 discharge of their duties, which shall be paid by the counties
11 as part of the cost of maintenance of the joint industrial farm
12 and workhouse.
13 § 1787. Superintendent CHIEF ADMINISTRATOR and employees. <--
14 The county commissioners of the counties may, after
15 consultation with the advisory board, employ a superintendent <--
16 CHIEF ADMINISTRATIVE and such other employees as may be <--
17 necessary to conduct and manage properly the joint industrial
18 farm and workhouse and shall fix their compensation. The duties
19 of those officers shall be prescribed by the rules and
20 regulations of the joint industrial farm and workhouse.
21 § 1788. Rules and regulations.
22 The county commissioners of the counties shall, before any
23 inmate may be admitted to the joint industrial farm and
24 workhouse, after consulting with the advisory board, make
25 general rules and regulations for the management of the joint
26 industrial farm and workhouse., which rules and regulations <--
27 shall be effective after they are approved by the Department of
28 Public Welfare.
29 § 1789. Initial transfer of inmates.
30 (a) General rule.--When, in any district formed by the
20050S0506B1798 - 77 -
1 counties, the arrangements are complete for the reception of
2 inmates, transfer shall be made from the county correctional
3 institutions to the joint industrial farm and workhouse of the
4 district of all persons:
5 (1) Who have been sentenced to any of the county
6 correctional institutions for any misdemeanor or felony
7 except murder, voluntary manslaughter, rape and arson.
8 (2) Who have been committed to any of the county
9 correctional institutions in default of payment of any fine
10 or penalty, or for nonpayment of costs or for default in
11 complying with any order of court entered in any prosecution
12 for desertion or nonsupport.
13 (3) Legally confined in any of the county correctional
14 institutions, except those that are confined awaiting trial
15 or held as material witnesses.
16 (b) Persons eligible to become inmates.--
17 (1) When any person is convicted in any court in any
18 county of any offense classified as a misdemeanor or felony
19 except murder, voluntary manslaughter, rape and arson, the
20 punishment of which is or may be imprisonment in any county
21 correctional institution for a period of ten days or more,
22 the court may sentence such person to a joint industrial farm
23 and workhouse of the Commonwealth.
24 (2) Courts of record and courts not of record of any
25 county in this Commonwealth may commit to the joint
26 industrial farm and workhouse all persons who might be
27 lawfully committed to the county correctional institution on
28 charges of vagrancy, drunkenness or disorderly conduct, for
29 default or nonpayment of any costs, fine or penalty, for
30 default in complying with any order of court entered in any
20050S0506B1798 - 78 -
1 prosecution for desertion or nonsupport or for violations of
2 municipal ordinances, where, in any such case, the commitment
3 will be for a period of ten days or more.
4 (c) Existing county correctional institutions.--The existing
5 county correctional institutions may be retained to confine
6 persons awaiting trial, held as material witnesses or sentenced
7 for a period of less than ten days, and such number of other
8 convicted persons as may be required to perform the necessary
9 institutional maintenance work.
10 (d) Clothing and treatment.--All inmates shall be clothed
11 and treated as provided for in this subchapter and in the rules
12 and regulations of the joint industrial farm and workhouse.
13 § 1790. Employment of inmates.
14 (a) General rule.--An inmate committed to a joint industrial
15 farm and workhouse under the provisions of this subchapter,
16 unless disqualified by sickness or otherwise, shall be kept at
17 some useful employment as may be suited to the inmate's age and
18 capacity and as may be most profitable to the joint industrial
19 farm and workhouse and tend to promote the best interest of the
20 inmate. If an inmate refuses to perform the work assigned to the
21 inmate or is guilty of other acts of insubordination, the
22 superintendent CHIEF ADMINISTRATIVE shall punish the inmate in <--
23 such manner as the rules and regulations provided for may
24 prescribe. The superintendent CHIEF ADMINISTRATIVE shall keep a <--
25 record of and report to the advisory board all such offenses and
26 punishments.
27 (b) Pay schedule and inmate accounts.--All inmates shall
28 receive compensation for their work.
29 (1) Those inmates employed on institutional maintenance
30 and nonproductive labor shall receive not more than 20¢ per
20050S0506B1798 - 79 -
1 day and not less than 10¢ per day.
2 (2) Those inmates employed on productive work shall
3 receive not more than 50¢ per day and not less than 20¢ per
4 day.
5 (3) The earnings of an inmate shall be credited to the
6 inmate's account, and disbursements made on approval of the
7 superintendent CHIEF ADMINISTRATOR of the institution and the <--
8 written order of the inmate, except when an inmate is
9 committed for nonsupport the court which sentenced the
10 prisoner shall order payment of the earnings. At time of
11 release or discharge, the inmate shall receive all moneys
12 remaining in the inmate's account and give receipt for the
13 same.
14 § 1791. Cost of transporting inmates.
15 (a) General rule.--The cost of transporting inmates
16 committed to the joint industrial farms and workhouses shall be
17 paid by the counties, respectively, from which the inmates are
18 committed. The sheriff of the county for inmates committed by
19 the court and constables for inmates committed by magisterial
20 district judges shall receive for the inmates committed to the
21 joint industrial farm and workhouse no mileage or travel
22 expenses on writs, except the actual cost of transporting the
23 inmates so committed to the joint industrial farm and workhouse,
24 together with any other fees for their services allowed by law.
25 (b) Railroad ticket upon discharge.--When an inmate is
26 discharged from a joint industrial farm and workhouse, the
27 superintendent CHIEF ADMINISTRATOR thereof shall procure for the <--
28 inmate a railroad ticket to any point to which the inmate may
29 desire to go, not farther from the joint industrial farm and
30 workhouse than the point from which the inmate was sentenced.
20050S0506B1798 - 80 -
1 § 1792. Nature of inmate employment.
2 A joint industrial farm and workhouse shall employ the
3 inmates committed or transferred thereto in work on or about the
4 buildings and farm and in growing produce, raising stock, etc.,
5 for supplies for its own use, the use of the several city and
6 county or county correctional institutions in the district, any
7 political division thereof or any public or charitable
8 institution owned or managed and directed by the counties
9 constituting the district, or any political division thereof.
10 Inmates may also be employed in the preparation of road
11 material, in making brick, tile and concrete or other road
12 building material and in the manufacture of other products and
13 materials as may be found practicable for the use of any of the
14 counties constituting the district and for the proper and
15 healthful employment of the inmates.
16 § 1793. Sale of goods and materials.
17 All road material, brick, tile, concrete and other goods and
18 materials prepared or made at a joint industrial farm and
19 workhouse that are not needed for the purposes of the joint
20 industrial farm and workhouse shall be offered for sale at a
21 price to be fixed by the commissioners of the district. In
22 offering such material for sale, preference shall be given to
23 the counties forming the district of the joint industrial farm
24 and workhouse and to the cities, boroughs and townships in the
25 joint district. All moneys so received shall be applied toward
26 paying the overhead expenses of the joint industrial farm and
27 workhouse.
28 § 1794. Financial reporting.
29 A detailed statement of the receipts and expenditures by any
30 county constituting a part of the district for a joint
20050S0506B1798 - 81 -
1 industrial farm and workhouse erected under the provisions of
2 this subchapter shall be published by the county commissioners
3 of each county or by the controller in the county. Where the
4 report is published by the controller, it shall be included in
5 the annual statement of the fiscal affairs of the county.
6 § 1795. Allocation of expenses to counties.
7 (a) General rule.--The original cost of the site and
8 buildings of the joint industrial farm and workhouse, the
9 equipment thereof, all additions thereto and all fixed overhead
10 charges in conducting the joint industrial farm and workhouse
11 shall be paid by the counties constituting the districts in the
12 ratio of their population according to the last preceding United
13 States census.
14 (b) Inmate expense.--The cost of the care and maintenance of
15 the inmates shall be certified monthly to the counties from
16 which inmates have been committed. The cost shall be paid by the
17 counties in proportion to the number of inmates committed from
18 each county. All payments shall be on warrants of the county
19 commissioners, countersigned by the county controller in
20 counties where such officer exists.
21 § 1796. Borrowing authorized.
22 The county commissioners of each county joining in
23 establishing a joint industrial farm and workhouse, as provided
24 for in this subchapter, may incur or increase the indebtedness
25 of the county, in the manner provided by law, to an amount
26 sufficient to pay its proportionate part of the cost of
27 acquiring a site and of erecting, constructing and equipping the
28 joint industrial farm and workhouse by issuing coupon bonds at a
29 rate of interest not exceeding 6% and payable within 30 years
30 from the date of issue. The county commissioners of the county
20050S0506B1798 - 82 -
1 shall levy an annual tax in an amount necessary to pay interest
2 and sinking fund charges upon the bonds.
3 § 1797. Exemption from taxation.
4 All the property, real and personal, authorized to be held
5 under this subchapter shall be exempt from taxation.
6 § 1798. Nonapplicability.
7 This subchapter does not apply to cities and counties of the
8 first class.
9 CHAPTER 19 <--
10 (RESERVED)
11 CHAPTER 21
12 (RESERVED)
13 CHAPTER 23
14 IMPROVEMENTS TO STATE CORRECTIONAL INSTITUTIONS
15 Subchapter
16 A. Preliminary Provisions
17 B. Lease Purchase Agreements
18 C. Itemization of Public Improvement Projects
19 D. Incurring Indebtedness for County Prisons
20 E. Construction of New Prison
21 F. Multicounty Regional Prison Facilities
22 G. Miscellaneous Provisions
23 SUBCHAPTER A
24 PRELIMINARY PROVISIONS
25 Sec.
26 2301. Short title of chapter.
27 2302. Declaration of policy.
28 2303. Definitions.
29 § 2301. Short title of chapter.
30 This chapter shall be known and may be cited as the Prison
20050S0506B1798 - 83 -
1 Facilities Improvement Act.
2 § 2302. Declaration of policy.
3 The General Assembly finds and declares as follows:
4 (1) The Commonwealth faces a serious problem in the
5 overcrowded prisons.
6 (2) Expeditious procedures are required to resolve the
7 problem.
8 § 2303. Definitions.
9 The following words and phrases when used in this chapter
10 shall have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Modular unit." A prefabricated structure designed to house
13 inmates in individual cells or a combination of cells and
14 dormitory housing. The structure is primarily factory-fabricated
15 and site-assembled using prefinished units into a completed
16 inmate housing structure.
17 SUBCHAPTER B
18 LEASE PURCHASE AGREEMENTS
19 Sec.
20 2311. Authorization.
21 2312. Terms of lease agreements.
22 2313. Selection of contractor.
23 2314. Award of contract.
24 2315. Construction oversight and inspection.
25 2316. Exemption and nonapplicable acts.
26 2317. Location of facility.
27 2318. Report to General Assembly.
28 § 2311. Authorization.
29 The Department of General Services is authorized to enter
30 into agreements for the lease or purchase of three 1,000-cell
20050S0506B1798 - 84 -
1 prisons in this Commonwealth. Two prisons are to be located
2 anywhere in this Commonwealth and one maximum security prison is
3 to be located in Greene County.
4 § 2312. Terms of lease agreements.
5 (a) Term.--The terms of the lease agreements shall be at
6 least 20 years, subject to the exercise of its option by the
7 Commonwealth to purchase under subsection (b).
8 (b) Option.--The Commonwealth shall have the option to
9 purchase each facility at the time the facility is turned over
10 to the Commonwealth for operation, at the end of the lease term
11 or at intermediate dates as specified in the lease agreements.
12 (c) Timing.--The lease agreement shall be executed prior to
13 the commencement of construction. The lease term shall commence
14 upon execution of a lease, at the time the facility is ready for
15 operation or on any date certain prior to the occupancy of the
16 facility.
17 (d) Assignability.--Each lease agreement shall provide that
18 it may be assigned by the developers with the concurrence of the
19 Commonwealth and shall be in such form that it may be used as
20 security for a loan or loans to finance the acquisition and
21 construction of the facility.
22 (e) Rent.--Payment of rent by the Commonwealth shall begin
23 when the facility is occupied by the Commonwealth.
24 (f) Option price.--The Department of General Services, in
25 consultation with the Office of the Budget, shall have the
26 authority, through negotiations with the contractor, to
27 determine the cost of the option to purchase each facility
28 should the Commonwealth choose to exercise its option to
29 purchase and to determine the amount of payment, if any, due at
30 the end of the term of the lease agreements or at other option
20050S0506B1798 - 85 -
1 dates.
2 (g) Prevailing wage requirement.--The lease agreements shall
3 provide that the project be constructed pursuant to prevailing
4 wages as shall be determined by the Department of Labor and
5 Industry.
6 (h) Critical path method scheduling.--The lease agreement
7 may provide that critical path method scheduling be utilized.
8 § 2313. Selection of contractor.
9 (a) Specification.--The Department of Corrections, with
10 review by the Department of General Services, shall supply the
11 general specifications for the facilities to be developed.
12 (b) Advertisement.--The Department of General Services shall
13 advertise for proposals to construct the prisons and lease the
14 buildings to the Commonwealth.
15 (c) Committee.--A committee shall be established to review
16 the proposals under subsection (b). This committee shall include
17 representatives from the Department of Corrections, the
18 Department of General Services and the Department of Labor and
19 Industry. This committee may include, at the discretion of the
20 chairman and minority chairman of the Appropriations Committee
21 of the Senate and the chairman and minority chairman of the
22 Appropriations Committee of the House of Representatives,
23 nonvoting oversight members. The chairman and minority chairman
24 of the Appropriations Committee of the Senate and the chairman
25 and minority chairman of the Appropriations Committee of the
26 House of Representatives may each appoint one nonvoting member
27 to the committee.
28 (d) Submission of proposals.--The proposals shall be
29 submitted to the Department of General Services for
30 consideration by the committee.
20050S0506B1798 - 86 -
1 (e) Committee recommendation.--The committee shall recommend
2 a proposal to the Secretary of General Services, the Secretary
3 of Corrections and the Secretary of the Budget for approval.
4 § 2314. Award of contract.
5 The award of a contract under this subchapter shall be made
6 on the basis of the best interest of the Commonwealth to a
7 responsive and responsible proposer. Although cost shall be
8 considered as a factor, it need not be the determining factor.
9 The Secretary of General Services, the Secretary of Corrections
10 and the Secretary of the Budget, prior to the award of a
11 contract under this section to a proposer other than the low
12 responsive and responsible proposer, shall notify the chairman
13 and minority chairman of the Appropriations Committee of the
14 Senate and the chairman and minority chairman of the
15 Appropriations Committee of the House of Representatives of
16 their rationale and justification for the award. No award shall
17 be made to a proposer other than the low responsive and
18 responsible proposer until notification and a time period of
19 five days from the date of notification for comment is given to
20 the chairman and minority chairman of the Appropriations
21 Committee of the Senate and the chairman and minority chairman
22 of the Appropriations Committee of the House of Representatives.
23 The confidentiality of any and all details of the information
24 contained in the bid proposals shall be strictly maintained.
25 § 2315. Construction oversight and inspection.
26 (a) Responsibility.--The Secretary of the Budget shall
27 exercise construction audit oversight responsibility during
28 selection of the contractors and during the design and
29 construction of the facilities. The Secretary of the Budget may
30 retain such consultants and staff as may be necessary to carry
20050S0506B1798 - 87 -
1 out this oversight function, including the use of the current
2 construction audit unit in the Office of the Budget.
3 (b) Inspection.--The Department of General Services or its
4 duly authorized agent, in consultation with the Department of
5 Corrections, shall inspect the facilities in accordance with law
6 to determine if construction meets the specifications for the
7 facilities.
8 § 2316. Exemption and nonapplicable acts.
9 The facilities authorized in this subchapter are exempt from
10 the provisions of the former act of March 21, 1986 (P.L.64,
11 No.19), known as the Private Prison Moratorium and Study Act.
12 § 2317. Location of facility.
13 For prison projects itemized in this subchapter for which a
14 location is not specified, the Department of General Services
15 shall, upon the termination of the period allowed for submission
16 of proposals to the Department of General Services, notify the
17 county board of commissioners, or the county council in counties
18 which have adopted a home rule charter, of each county where a
19 proposal has been received for a site or sites within the
20 county. Each county board or council so notified may disapprove
21 the location of a prison within the county by a majority vote
22 taken within 60 days following receipt of notice from the
23 department. Any such county board or council may waive its right
24 to disapprove sites within the county by majority vote taken at
25 any time.
26 § 2318. Report to General Assembly.
27 The department shall, each month, report to the General
28 Assembly any deviation from the critical path schedule for the
29 facility authorized by this subchapter and shall, upon
30 completion of the facility, submit a final report setting forth
20050S0506B1798 - 88 -
1 the advantages and disadvantages of lease/purchase acquisition
2 of capital facilities and making recommendations.
3 SUBCHAPTER C
4 ITEMIZATION OF PUBLIC IMPROVEMENT PROJECTS
5 Sec.
6 2321. Total authorizations.
7 2322. Itemization of public improvement projects.
8 2323. Special provisions.
9 2324. Debt authorization.
10 2325. Issue of bonds.
11 2326. Estimated useful life and term of debt.
12 2327. Use of funds previously appropriated.
13 2328. Federal funds.
14 2329. Insurance proceeds.
15 2330. Current revenues.
16 § 2321. Total authorizations.
17 The total authorization for additional capital projects in
18 the category of public improvement projects itemized in section
19 2322 (relating to itemization of public improvement projects)
20 and to be acquired or constructed by the Department of General
21 Services, its successors or assigns shall be $235,098,000. This
22 authorization shall be allocated as follows:
23 (1) The sum of $219,372,000 to be financed by the
24 incurring of debt.
25 (2) The sum of $15,000,000 to be financed from insurance
26 proceeds.
27 (3) The sum of $726,000 to be financed from current
28 revenues appropriated by the act of July 1, 1989 (P.L.801,
29 No.3A), known as the General Appropriation Act of 1989.
30 § 2322. Itemization of public improvement projects.
20050S0506B1798 - 89 -
1 Additional capital projects in the category of public
2 improvement projects to be acquired or constructed by the
3 Department of General Services, its successors or assigns and to
4 be financed by the incurring of debt, from current revenues or
5 from insurance proceeds, including the Insurance Fund, are
6 hereby itemized, together with their respective estimated
7 financial costs as follows:
8 Total
9 Project
10 Project Allocation
11 (1) Department of Corrections $235,098,000
12 (i) State Correctional Institution -
13 Clearfield County
14 (A) Program development and design of a
15 prototypical 1,000-cell facility to be
16 used in construction of a facility in
17 Clearfield County and other State
18 prison projects 12,000,000
19 (B) Construction of a 1,000-cell facility
20 to be located in Clearfield County,
21 including land acquisition 73,000,000
22 (ii) State Correctional Institution - Camp
23 Hill, Cumberland County
24 (A) Purchase and installation of modular
25 units with a capacity of approximately
26 650 cells, including site preparation 31,213,000
27 (Base Project Allocation - $28,092,000)
28 (Design and Contingencies - $3,121,000)
29 (B) Construction, reconstruction,
30 renovation and restoration of fire
20050S0506B1798 - 90 -
1 damage to buildings and structures and
2 renovation and upgrading of the
3 physical plant and security systems 47,400,000
4 (Base Project Allocation - $42,660,000)
5 (Design and Contingencies - $4,740,000)
6 (C) Expansion of diagnostic and
7 classification center 242,000
8 (Base Project Allocation - $242,000)
9 (iii) State Correctional Institution -
10 Cresson, Cambria County
11 (A) Purchase and installation of modular
12 units with a capacity of approximately
13 130 cells, including site preparation 3,044,000
14 (Base Project Allocation - $2,739,000)
15 (Design and Contingencies - $305,000)
16 (B) Construction of a 52-cell modular unit
17 dormitory for drug and alcohol
18 therapeutic community 162,000
19 (Base Project Allocation - $162,000)
20 (iv) State Correctional Institution -
21 Frackville, Schuylkill County
22 (A) Purchase and installation of modular
23 units with a capacity of approximately
24 130 cells, including site preparation 3,044,000
25 (Base Project Allocation - $2,739,000)
26 (Design and Contingencies - $305,000)
27 (B) Connect institution sewage plant with
28 municipal sewage system 255,000
29 (Base Project Allocation - $255,000)
30 (v) State Correctional Institution - Mercer,
20050S0506B1798 - 91 -
1 Mercer County
2 (A) Purchase and installation of modular
3 units with a capacity of approximately
4 130 cells, including site preparation 3,044,000
5 (Base Project Allocation - $2,739,000)
6 (Design and Contingencies - $305,000)
7 (B) Construction and installation of a
8 road and fence 220,000
9 (Base Project Allocation - $198,000)
10 (Design and Contingencies - $22,000)
11 (vi) State Correctional Institution - Muncy,
12 Lycoming County
13 (A) Purchase and installation of modular
14 units with a capacity of approximately
15 130 cells, including site preparation 3,842,000
16 (Base Project Allocation - $3,493,000)
17 (Design and Contingencies - $349,000)
18 (B) Construction of additional housing for
19 female offenders 322,000
20 (Base Project Allocation - $322,000)
21 (C) Sewage plant expansion 738,000
22 (Base Project Allocation - $738,000)
23 (D) Kitchen/laundry expansion 576,000
24 (Base Project Allocation - $576,000)
25 (vii) State Correctional Institution -
26 Smithfield, Huntingdon County
27 (A) Purchase and installation of a potable
28 water storage tank, including site
29 preparation 870,000
30 (Base Project Allocation - $725,000)
20050S0506B1798 - 92 -
1 (Design and Contingencies - $145,000)
2 (viii) State Correctional Institution -
3 Waynesburg, Greene County
4 (A) Purchase and installation of modular
5 units with a capacity of approximately
6 130 cells, including site preparation 3,732,000
7 (Base Project Allocation - $3,393,000)
8 (Design and Contingencies - $339,000)
9 (B) Sewage plant 505,000
10 (Base Project Allocation - $505,000)
11 (ix) State Correctional Institution -
12 Graterford, Montgomery County
13 (A) Purchase and installation of modular
14 units with a capacity of approximately
15 130 cells, including site preparation 5,917,000
16 (Base Project Allocation - $5,325,000)
17 (Design and Contingencies - $592,000)
18 (B) New kitchen/dining room 7,155,000
19 (Base Project Allocation - $7,155,000)
20 (x) State Correctional Institution -
21 Huntingdon, Huntingdon County
22 (A) Purchase and installation of modular
23 units with a capacity of approximately
24 130 cells, including site preparation 5,917,000
25 (Base Project Allocation - $5,325,000)
26 (Design and Contingencies - $592,000)
27 (xi) State Correctional Institution - City of
28 Chester
29 (A) Additional funds for DGS 576-7;
30 construction of a new prison facility
20050S0506B1798 - 93 -
1 to house and provide treatment for drug
2 offenders, including land acquisition 31,900,000
3 (Base Project Allocation - $28,710,000)
4 (Design and Contingencies - $3,190,000)
5 § 2323. Special provisions.
6 (a) Exemptions.--The projects itemized in section
7 2322(1)(ii)(A), (iii)(A), (iv)(A), (v)(A), (vi)(A), (viii)(A),
8 (ix)(A) and (x)(A) (relating to itemization of public
9 improvement projects) are exempt from the provisions of the
10 first paragraph of section 1 of the act of May 1, 1913 (P.L.155,
11 No.104), entitled "An act regulating the letting of certain
12 contracts for the erection, construction, and alteration of
13 public buildings."
14 (b) Construction.--Nothing in this subchapter shall be
15 construed as changing the intended purpose of the State Regional
16 Correctional Facility at Mercer.
17 (c) Construction management services.--The Department of
18 General Services may, to facilitate project management, conflict
19 resolution and timely project completion, contract for
20 construction management services, including critical path
21 scheduling for projects authorized in this chapter.
22 (d) Incentive payments.--The Department of General Services
23 may develop a procedure providing for incentive payments to
24 contractors for early completion of their obligations under the
25 contracts let pursuant to this subchapter.
26 (e) Interdepartment communication.--The Department of
27 General Services and the Department of Corrections shall develop
28 a process to facilitate communication between the departments,
29 contractors and design professionals to avoid unnecessary delays
30 and to expedite the processing of project documents for projects
20050S0506B1798 - 94 -
1 authorized in this chapter.
2 (f) Program development and design.--The Department of
3 General Services shall, through a request for proposals,
4 contract for professional services needed to prepare planning
5 and design documents which will be used to develop prototype
6 solicitations for proposals. Solicitations for proposals will be
7 developed for 1,000-cell maximum security prisons and 1,000-cell
8 medium security prisons.
9 § 2324. Debt authorization.
10 The Governor, Auditor General and State Treasurer are hereby
11 authorized and directed to borrow from time to time, in addition
12 to any authorization heretofore or hereafter enacted, on the
13 credit of the Commonwealth, subject to the limitations provided
14 in the current capital budget, money not exceeding in the
15 aggregate the sum of $219,372,000 as may be necessary to carry
16 out the acquisition and construction of the public improvement
17 projects specifically itemized in a capital budget.
18 § 2325. Issue of bonds.
19 The indebtedness authorized in this subchapter shall be
20 incurred from time to time and shall be evidenced by one or more
21 series of general obligation bonds of the Commonwealth in such
22 aggregate principal amount for each series as the Governor,
23 Auditor General and State Treasurer shall determine, but the
24 latest stated maturity date shall not exceed the estimated
25 useful life of the projects being financed as stated in section
26 2326 (relating to estimated useful life and term of debt).
27 § 2326. Estimated useful life and term of debt.
28 (a) Estimated useful life.--The General Assembly states that
29 the estimated useful life of the public improvement projects
30 itemized in this subchapter is 30 years with the exception of
20050S0506B1798 - 95 -
1 the public improvement projects itemized in section
2 2322(1)(ii)(A), (iii)(A), (iv)(A), (v)(A), (vi)(A), (viii)(A),
3 (ix)(A) and (x)(A) (relating to itemization of public
4 improvement grants) for which the estimated useful life is 15
5 years.
6 (b) Term of debt.--The maximum term of debt authorized to be
7 incurred under this chapter is 30 years.
8 § 2327. Use of funds previously appropriated.
9 The net proceeds of the sale of the obligations authorized in
10 this subchapter appropriated from the Capital Facilities Fund to
11 the Department of General Services in the maximum amount of
12 $219,372,000 under section 507 of the former act of July 1, 1990
13 (P.L.315, No.71), known as the Prison Facilities Improvement
14 Act, may be used by it exclusively to defray the financial cost
15 of the public improvement projects specifically itemized in a
16 capital budget. After reserving or paying the expenses of the
17 sale of the obligation, the State Treasurer shall pay to the
18 Department of General Services the moneys as required and
19 certified by it to be legally due and payable.
20 § 2328. Federal funds.
21 In addition to those funds identified in section 2327
22 (relating to use of funds previously appropriated), all moneys
23 received from the Federal Government for the projects
24 specifically itemized in this subchapter and appropriated under
25 section 508 of the former act of July 1, 1990 (P.L.315, No.71),
26 known as the Prison Facilities Improvement Act, may be used for
27 those projects.
28 § 2329. Insurance proceeds.
29 In addition to those funds identified in section 2327
30 (relating to use of funds previously appropriated), all moneys
20050S0506B1798 - 96 -
1 received from the Insurance Fund or from insurance carriers for
2 fire damage to be repaired, restored or reconstructed for
3 projects specifically itemized in this subchapter appropriated
4 under section 509 of the former act of July 1, 1990 (P.L.315,
5 No.71), known as the Prison Facilities Improvement Act, may be
6 used for those projects.
7 § 2330. Current revenues.
8 The funding for the public improvement projects authorized in
9 section 2322(1)(ii)(C), (iii) and (vi) (relating to itemization
10 of public improvement projects) was previously appropriated to
11 the Department of Corrections by the act of July 1, 1989
12 (P.L.801, No.3A), known as the General Appropriation Act of
13 1989.
14 SUBCHAPTER D
15 INCURRING INDEBTEDNESS FOR COUNTY PRISONS
16 Sec.
17 2341. Definitions.
18 2342. Referendum to authorize incurring indebtedness.
19 2343. Authority to borrow.
20 2344. Bonds, issue, maturity, interest, etc.
21 2345. Sale of bonds.
22 2346. Refunding bonds.
23 2347. Registration of bonds.
24 2348. Disposition and use of proceeds.
25 2349. Local Criminal Justice Sinking Fund.
26 2350. Expenses of preparation, issue and sale of bonds.
27 2351. Temporary financing authorization.
28 2352. Quorum.
29 2353. Information to General Assembly.
30 2354. Grants to counties.
20050S0506B1798 - 97 -
1 2355. Multicounty regional prison facilities.
2 2356. Appropriation.
3 § 2341. Definitions.
4 The following words and phrases when used in this subchapter
5 shall have the meanings given to them in this section unless the
6 context clearly indicates otherwise:
7 "Construction." The term includes the preparation of
8 drawings and specifications for facilities; erecting, building,
9 altering, remodeling, improving or extending such facilities;
10 and the inspection and supervision of the construction of such
11 facilities. The term does not include any interest in land.
12 "County." Any county of this Commonwealth.
13 "Department." The Department of Corrections of the
14 Commonwealth.
15 "Facility." The term includes any building and related
16 facility, initial equipment, machinery and utilities necessary
17 or appropriate for the criminal justice purpose for which the
18 particular facility was constructed.
19 "Local correctional facility." Any jail, prison or detention
20 facility operated by a county or jointly by more than one county
21 and used for the confinement of persons for safe custody. The
22 term does not include any facility used for the detention or
23 confinement of juveniles.
24 § 2342. Referendum to authorize incurring indebtedness.
25 (a) Submission of question to electors.--The question of
26 incurring indebtedness of $200,000,000 for the repair,
27 expansion, construction, reconstruction or rehabilitation of
28 county prisons or multicounty regional prison facilities or the
29 purchase of electronic monitoring equipment for alternative
30 sentencing programs shall be submitted to the electors at the
20050S0506B1798 - 98 -
1 next primary, municipal or general election following the
2 effective date of Chapter 7 of the former act of July 1, 1990
3 (P.L.315, No.71), known as the Prison Facilities Improvement
4 Act.
5 (b) Certification to county boards of elections.--The
6 Secretary of the Commonwealth shall immediately certify the
7 question under subsection (a) to the county boards of elections.
8 (c) Form of question.--The question shall be in
9 substantially the following form:
10 Do you favor the incurring of indebtedness by the
11 Commonwealth of $200,000,000 to repair, expand,
12 construct, reconstruct and rehabilitate county
13 prisons or multicounty regional prison facilities or
14 fund capital needs to create or expand county
15 alternative sentencing or treatment programs?
16 (d) Conduct of election.--The election shall be conducted in
17 accordance with the act of June 3, 1937 (P.L.1333, No.320),
18 known as the Pennsylvania Election Code, except that the time
19 limits for advertisement of notice of the election may be waived
20 as to the question.
21 § 2343. Authority to borrow.
22 In the event that the question of incurring indebtedness, as
23 described in section 2342 (relating to referendum to authorize
24 incurring indebtedness), is approved by a majority of those
25 voting on the question in accordance with section 7(a)(3) of
26 Article VIII of the Constitution of Pennsylvania, the Governor,
27 Auditor General and State Treasurer are hereby authorized and
28 directed to borrow, on the credit of the Commonwealth, such sum
29 or sums of money not exceeding in the aggregate the sum of
30 $200,000,000, as may be necessary to carry out the purposes of
20050S0506B1798 - 99 -
1 this subchapter.
2 § 2344. Bonds, issue, maturity, interest, etc.
3 (a) Issuance.--As evidence of the indebtedness authorized by
4 this subchapter, general obligation bonds of the Commonwealth
5 shall be issued from time to time for such total amounts, in
6 such forms, in such denominations and subject to such terms and
7 conditions of issue, redemption and maturity, rate or rates of
8 interest and time of payment of interest as the Governor,
9 Auditor General and State Treasurer shall direct, except that
10 the latest stated maturity date shall not exceed 30 years from
11 the date of the bond first issued for each such series.
12 (b) Signatures and seal.--All bonds issued under the
13 authority of this subchapter shall bear facsimile signatures of
14 the Governor, the Auditor General and the State Treasurer, and a
15 facsimile of the Great Seal of the Commonwealth, and shall be
16 countersigned by two duly authorized officers of the duly
17 authorized loan and transfer agents of the Commonwealth.
18 (c) Full faith and credit.--All bonds issued in accordance
19 with the provisions of this subchapter shall be direct
20 obligations of the Commonwealth, and the full faith and credit
21 of the Commonwealth are hereby pledged for the payment of the
22 interest thereon as the same shall become due and for the
23 payment of the principal thereof at maturity. All bonds issued
24 under the provisions of this subchapter shall be exempt from
25 taxation for State and local purposes. The principal of and
26 interest on such bonds shall be payable in lawful money of the
27 United States of America.
28 (d) Form.--Bonds issued under this subchapter may be issued
29 as coupon bonds or registered as to both principal and interest
30 as the issuing officials may determine. If interest coupons are
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1 attached, they shall contain the facsimile signature of the
2 State Treasurer.
3 (e) Amount.--The issuing officials shall provide for the
4 amortization of the bonds issued under this subchapter in
5 substantial and regular amounts over the term of the debt.
6 (f) Preparation.--The Governor, the Auditor General and the
7 State Treasurer shall proceed to have the necessary bonds
8 prepared and printed. The bonds, as soon as they are prepared
9 and printed, shall be deposited with the duly authorized loan
10 and transfer agent of the Commonwealth, there to remain until
11 sold in accordance with the provisions of this subchapter.
12 § 2345. Sale of bonds.
13 (a) Offering for sale.--When bonds are issued under this
14 subchapter, they shall be offered for sale and shall be sold by
15 the Governor, the Auditor General and State Treasurer to the
16 highest and best bidder or bidders after due public
17 advertisement, on such terms and conditions and upon such open
18 competitive bidding as the Governor, the Auditor General and the
19 State Treasurer shall direct. The manner and character of
20 advertisement and the times of advertising shall be prescribed
21 by the Governor, the Auditor General and the State Treasurer.
22 (b) Private sale.--Any portion of any bond issue offered
23 under subsection (a) and not sold or subscribed for may be
24 disposed of by private sale by the Governor, the Auditor General
25 and the State Treasurer in such manner and at such prices as the
26 Governor shall direct.
27 (c) Series.--When bonds are issued from time to time, the
28 bonds of each issue shall constitute a separate series to be
29 designated by the issuing officials or may be combined for sale
30 as one series with other general obligation bonds of the
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1 Commonwealth.
2 § 2346. Refunding bonds.
3 The Governor, the Auditor General and the State Treasurer are
4 authorized by this subchapter to provide, by resolution, for the
5 issuance of refunding bonds for the purpose of refunding any
6 bonds issued under the provisions of this subchapter and then
7 outstanding, either by voluntary exchange with the holders of
8 such outstanding bonds with accrued interest and any premium
9 payable thereon, at maturity or at any call date. The issuance
10 of refunding bonds, the maturities and other details thereof,
11 the rights of the holders thereof, and the duties of the
12 Governor, the Auditor General and the State Treasurer in respect
13 to refunding bonds shall be governed by the provisions of this
14 subchapter, insofar as they may be applicable. Refunding bonds
15 may be issued by the Governor, the Auditor General and the State
16 Treasurer to refund bonds originally issued or to refund bonds
17 previously issued for refunding purposes.
18 § 2347. Registration of bonds.
19 The Auditor General shall prepare the necessary registry book
20 to be kept in the office of the duly authorized loan and
21 transfer agent of the Commonwealth for the registration of any
22 bonds, at the request of owners thereof, according to the terms
23 and conditions of issue directed by the Governor, the Auditor
24 General and the State Treasurer. All bonds which are issued
25 under this subchapter without interest coupons attached shall be
26 registered in the registry books kept by the duly authorized
27 loan and transfer agent of the Commonwealth.
28 § 2348. Disposition and use of proceeds.
29 (a) Creation of Local Criminal Justice Fund.--The Local
30 Criminal Justice Fund shall continue to exist in the State
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1 Treasury. The proceeds realized from the sale of bonds under the
2 provisions of this subchapter shall be paid into this special
3 fund and are hereby specifically dedicated to the purpose of the
4 referendum authorized by section 2342 (relating to referendum to
5 authorize incurring indebtedness). The moneys shall be paid
6 periodically by the State Treasurer to the department at such
7 times and in such amounts as may be necessary to satisfy the
8 purpose of this subchapter.
9 (b) Investment and earnings.--Pending their application to
10 the purposes authorized, moneys held or deposited in the Local
11 Criminal Justice Fund by the State Treasurer may be invested or
12 reinvested as are other funds in the custody of the State
13 Treasurer in the manner provided by law. All earnings received
14 from the investment or deposit of such funds shall be paid into
15 the State Treasury to the credit of the Local Criminal Justice
16 Fund.
17 § 2349. Local Criminal Justice Sinking Fund.
18 All bonds issued under the authority of this subchapter or
19 Chapter 7 of the former act of July 1, 1990 (P.L.315, No.71),
20 known as the Prison Facilities Improvement Act, shall be
21 redeemed at maturity, and all interest due from time to time on
22 such bonds shall be paid from the Local Criminal Justice Sinking
23 Fund, which shall continue to exist in the State Treasury. For
24 the specific purpose of redeeming these bonds at maturity and
25 paying all interest thereon in accordance with the information
26 received from the Governor, the General Assembly shall
27 appropriate moneys for the payment of interest on these bonds
28 and the principal thereof at maturity. All moneys paid into the
29 Local Criminal Justice Sinking Fund and all of such moneys not
30 necessary to pay accruing interest shall be invested by the
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1 Board of Finance and Revenue in such securities as are provided
2 by law for the investment of the sinking funds of the
3 Commonwealth.
4 § 2350. Expenses of preparation, issue and sale of bonds.
5 There is hereby appropriated to the State Treasurer, from the
6 proceeds of the bonds issued, as much of the moneys as may be
7 necessary for all costs and expenses in connection with the
8 issue of and sale and registration of bonds in connection with
9 this subchapter.
10 § 2351. Temporary financing authorization.
11 (a) Temporary borrowing.--Pending the issuance of bonds of
12 the Commonwealth, the Governor, the Auditor General and the
13 State Treasurer are authorized, on the credit of the
14 Commonwealth, to make temporary borrowings of such moneys as may
15 from time to time be necessary to carry out the purposes of this
16 subchapter and are authorized in the name and on behalf of the
17 Commonwealth to enter into loan or credit agreements with any
18 banks or trust companies or other lending institutions or
19 persons in the United States having power to enter into the
20 same.
21 (b) Form.--All temporary borrowings made under the authority
22 of this section shall be evidenced by notes of the Commonwealth,
23 which shall be issued from time to time for such amounts, not
24 exceeding in the aggregate the sum of $200,000,000, in such form
25 and in such denominations, and subject to such terms and
26 conditions of issue, prepayment or redemption and maturity, rate
27 of interest and time of payment of interest as the issuing
28 officials shall direct. All notes issued under the authority of
29 this section shall bear the facsimile signatures of the issuing
30 officials and a facsimile of the Great Seal of the Commonwealth
20050S0506B1798 - 104 -
1 and shall be countersigned by two duly authorized officers of a
2 duly authorized loan and transfer agent of the Commonwealth.
3 (c) Funding and retirement.--All notes under this section
4 shall be funded and retired by the issuance and sale of bonds of
5 the Commonwealth to the extent that payment of these notes has
6 not otherwise been made or provided for.
7 (d) Proceeds.--The proceeds of all temporary borrowings
8 under this section shall be paid into the Local Criminal Justice
9 Fund.
10 § 2352. Quorum.
11 Whenever in this subchapter any action is to be taken or any
12 decision is to be made by the Governor, the Auditor General and
13 the State Treasurer, and the three officers are not able to
14 agree unanimously, the action or decision of the Governor and
15 either the Auditor General or the State Treasurer shall be
16 binding and final.
17 § 2353. Information to General Assembly.
18 It shall be the duty of the Governor to include in every
19 budget submitted to the General Assembly full information
20 relating to the issuance of bonds under the provisions of this
21 subchapter and the status of the sinking funds of the
22 Commonwealth for the payment of the interest on those bonds and
23 the principal thereof at maturity.
24 § 2354. Grants to counties.
25 The department shall, by regulation, establish procedures to
26 implement the purposes of this subchapter and to make grants to
27 counties for the repair, expansion, construction,
28 reconstruction, rehabilitation and improvement of local
29 correctional facilities or multicounty regional prison
30 facilities or the purchase of electronic monitoring equipment
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1 for alternative sentencing programs. These procedures shall
2 include, at a minimum, the following:
3 (1) Applications shall be made to the department by the
4 county or counties requesting the grant.
5 (2) Any grant approved by the department must be matched
6 by funding in a like amount by the county from county funds,
7 except that, if any Federal funding should become available
8 for the construction of local correctional facilities, then
9 both the department and county shares shall be reduced in
10 like proportion.
11 (3) Grants shall be available only for the repair,
12 expansion, construction, reconstruction, rehabilitation and
13 improvement of local correctional facilities or multicounty
14 regional prison facilities or the purchase of electronic
15 monitoring equipment for alternative sentencing programs.
16 (4) Priority in the grant process shall be given to
17 those counties which have expanded their prison facilities
18 within five years of the date of the application and which
19 are presently at or exceeding 115% of rated capacity. Under
20 no circumstances shall any such grant exceed $1,000,000.
21 § 2355. Multicounty regional prison facilities.
22 (a) Authorization to counties.--Any county or counties or
23 any county authority created pursuant to the former act of May
24 2, 1945 (P.L.382, No.164), known as the Municipality Authorities
25 Act of 1945, or 53 Pa.C.S. Ch. 56 (relating to municipal
26 authorities) are authorized to acquire, hold, construct,
27 finance, improve, maintain, operate, own or lease, either in the
28 capacity of lessor or lessee, any county or multicounty regional
29 prison facility for the purpose of incarcerating their own
30 inmates and inmates of other counties. A county or multicounty
20050S0506B1798 - 106 -
1 regional prison facility may also house Commonwealth inmates.
2 (b) Prison services contracts.--The Commonwealth and any
3 county may enter into contracts with any county or multicounty
4 regional prison facility authorized under subsection (a) for the
5 incarceration of State or county inmates and all services
6 necessary, appropriate or incident to the housing and care of
7 such inmates.
8 § 2356. Appropriation.
9 (a) Appropriations to fund.--The General Assembly may make
10 appropriations from time to time to the Local Criminal Justice
11 Fund or to the department to carry out the purposes of this
12 chapter, which appropriations shall be continuing appropriations
13 and shall not lapse.
14 (b) Other sources of funds.--In addition to the moneys
15 appropriated from time to time by the General Assembly for its
16 work, the department is authorized to make application for and
17 expend such Federal grants as may be available and may also
18 receive and expend contributions from other public, quasi-public
19 or private sources as may become available.
20 SUBCHAPTER E
21 CONSTRUCTION OF NEW PRISON
22 Sec.
23 2361. Total authorization.
24 2362. Itemization of public improvement project.
25 2363. Debt authorization.
26 2364. Issue of bonds.
27 2365. Estimated useful life and term of debt.
28 2366. Appropriation.
29 2367. Federal funds.
30 § 2361. Total authorization.
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1 The total authorization for the additional capital project in
2 the category of public improvement projects itemized in section
3 2362 (relating to itemization of public improvement project) and
4 to be acquired or constructed by the Department of General
5 Services, its successors or assigns, and to be financed by the
6 incurring of debt, shall be $5,500,000.
7 § 2362. Itemization of public improvement project.
8 An additional capital project in the category of public
9 improvement projects to be acquired or constructed by the
10 Department of General Services, its successors or assigns, and
11 to be financed by the incurring of debt, is hereby itemized,
12 together with its respective estimated financial cost, as
13 follows:
14 Total
15 Project
16 Project Allocation
17 (1) Drug and Alcohol Treatment Facility - Forest
18 County
19 (i) Design and construction of a facility
20 under the control of the Pennsylvania Board
21 of Probation and Parole for drug and
22 alcohol treatment 5,500,000
23 (Base Project Allocation - $4,500,000)
24 (Design and Contingencies - $1,000,000)
25 § 2363. Debt authorization.
26 The Governor, the Auditor General and the State Treasurer are
27 hereby authorized and directed to borrow from time to time, in
28 addition to any authorization heretofore or hereafter enacted,
29 on the credit of the Commonwealth, subject to the limitations
30 provided in the current capital budget, money not exceeding in
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1 the aggregate the sum of $5,500,000 as may be necessary to carry
2 out the acquisition and construction of the public improvement
3 projects specifically itemized in a capital budget.
4 § 2364. Issue of bonds.
5 The indebtedness authorized in this subchapter shall be
6 incurred from time to time and shall be evidenced by one or more
7 series of general obligation bonds of the Commonwealth in such
8 aggregate principal amount for each series as the Governor, the
9 Auditor General and the State Treasurer shall determine, but the
10 latest stated maturity date shall not exceed the estimated
11 useful life of the project being financed as stated in section
12 2365 (relating to estimated useful life and term of debt).
13 § 2365. Estimated useful life and term of debt.
14 (a) Estimated useful life.--The General Assembly states that
15 the estimated useful life of the public improvement projects
16 itemized in this chapter is 30 years.
17 (b) Term of debt.--The maximum term of the debt authorized
18 to be incurred under this subchapter is 30 years.
19 § 2366. Appropriation.
20 The net proceeds of the sale of the obligations authorized in
21 this subchapter are hereby appropriated from the Capital
22 Facilities Fund to the Department of General Services in the
23 maximum amount of $5,500,000 to be used by it exclusively to
24 defray the financial cost of the public improvement projects
25 specifically itemized in a capital budget. After reserving or
26 paying the expenses of the sale of the obligation, the State
27 Treasurer shall pay to the Department of General Services the
28 moneys as required and certified by it to be legally due and
29 payable.
30 § 2367. Federal funds.
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1 In addition to those funds appropriated in section 2366
2 (relating to appropriation), all moneys received from the
3 Federal Government for the project specifically itemized in this
4 subchapter are also hereby appropriated for those projects.
5 SUBCHAPTER F
6 MULTICOUNTY REGIONAL PRISON FACILITIES
7 Sec.
8 2371. Authorization.
9 2372. Prison services contracts.
10 § 2371. Authorization.
11 A county or county authority created pursuant to the former
12 act of May 2, 1945 (P.L.382, No.164), known as the Municipality
13 Authorities Act of 1945, or 53 Pa.C.S. Ch. 56 (relating to
14 municipal authorities) is authorized to acquire, hold,
15 construct, finance, improve, maintain, operate, own or lease,
16 either in the capacity of lessor or lessee, any county or
17 multicounty regional prison facility for the purpose of
18 incarcerating the county's own inmates and inmates of other
19 counties. A county or multicounty regional prison facility may
20 also house Commonwealth inmates.
21 § 2372. Prison services contracts.
22 Notwithstanding the provisions of 53 Pa.C.S. Ch. 23 Subch. A
23 (relating to intergovernmental cooperation), the Commonwealth
24 and any county may enter into contracts with any county or with
25 any county authority created pursuant to the former act of May
26 2, 1945 (P.L.382, No.164), known as the Municipality Authorities
27 Act of 1945, or 53 Pa.C.S. Ch. 56 (relating to municipal
28 authorization) for the incarceration of State or county inmates
29 and all services necessary, appropriate or incident to the
30 housing and care of such inmates.
20050S0506B1798 - 110 -
1 SUBCHAPTER G
2 MISCELLANEOUS PROVISIONS
3 Sec.
4 2381. Military installation limitation.
5 § 2381. Military installation limitation.
6 For the projects itemized in this chapter, civilian
7 prisoners, either pending trial or appeal or after sentencing,
8 shall not be incarcerated at any military reservation, base or
9 facility, whether owned by the Federal or State Government, on a
10 temporary or permanent basis.
11 PART III
12 INMATE CONFINEMENT
13 Chapter
14 31. Inmate Labor
15 33. Medical Services
16 35. Visitation
17 37. Inmate Prerelease Plans
18 39. Motivational Boot Camp
19 41. State Intermediate Punishment
20 43. Execution Procedure and Method
21 59. Miscellaneous Provisions
22 CHAPTER 31
23 INMATE LABOR
24 Sec.
25 3101. Inmates to be employed.
26 3102. (Reserved). <--
27 3103. Disposition of proceeds of labor.
28 3104. Agricultural labor at county correctional institutions.
29 3105. Inmate labor in county correctional institutions.
30 3106. Inmate labor in counties of the first class.
20050S0506B1798 - 111 -
1 3107. Inmate-made goods to be branded.
2 3108. Sale of inmate-made goods.
3 3102. DISPOSITION OF PROCEEDS OF LABOR. <--
4 3103. AGRICULTURAL LABOR AT COUNTY CORRECTIONAL INSTITUTIONS.
5 3104. INMATE LABOR IN COUNTY CORRECTIONAL INSTITUTIONS.
6 3105. INMATE LABOR IN COUNTIES OF THE FIRST CLASS.
7 3106. INMATE-MADE GOODS TO BE BRANDED.
8 3107. SALE OF INMATE-MADE GOODS.
9 § 3101. Inmates to be employed.
10 The chief administrators may employ the inmates under their
11 control for and on behalf of the Commonwealth and the inmates
12 for and in ON behalf of their respective counties. <--
13 § 3102. (Reserved). <--
14 § 3103. Disposition of proceeds of labor.
15 All moneys received under the provisions of this chapter for
16 labor done within county correctional institutions or the
17 products of such labor sold shall be credited on account of the
18 receipts and expenditures paid to and for the maintenance of the
19 respective correctional institutions.
20 § 3104. 3103. Agricultural labor at county correctional <--
21 institutions.
22 (a) General rule.--The chief administrator of a county
23 correctional institution shall permit the employment of such
24 inmates serving sentences therein, as they shall deem advisable,
25 at agricultural labor on any county farm of the county under the
26 direction of any person appointed by the chief administrator,
27 and all inmates so employed shall at all times be amenable to
28 restraint, discipline and punishment in the same manner as if
29 they were confined in the county correctional institution.
30 (b) Liability.--No person appointed by a chief administrator
20050S0506B1798 - 112 -
1 of a county correctional institution or his sureties shall be
2 held liable on any bond conditioned for the safekeeping of
3 persons given into that person's care, in case any inmate so
4 employed shall escape, if due care and diligence has been
5 exercised in the discharge of the duties imposed on that person.
6 § 3105. 3104. Inmate labor in county correctional institutions. <--
7 (a) General rule.--An inmate of a county correctional
8 institution who is physically capable may be employed at labor
9 for not more than eight hours each day, other than Sundays and
10 public holidays. The employment may be in such character of work
11 and the production of such goods as may now be manufactured and
12 produced in county correctional institutions and may also be
13 for:
14 (1) the purpose of the manufacture and production of
15 supplies for the county correctional institutions;
16 (2) the preparation and manufacture of building material
17 for the construction or repair of the county correctional
18 institution;
19 (3) the manufacture and production of crushed stone,
20 brick, tile and culvert pipe or other material suitable for
21 draining roads; or
22 (4) the preparation of road building and ballasting
23 material.
24 (b) Authority to county commissioners.--The county
25 commissioners or chief administrator of the county correctional
26 institution shall:
27 (1) determine the amount, kind and character of the
28 machinery to be erected and the industries to be carried on
29 in the county correctional institution;
30 (2) arrange for the purchase and installation of such
20050S0506B1798 - 113 -
1 machinery at the expense of the county; and
2 (3) provide for the sale of articles and material
3 produced.
4 (c) Funding.--The county commissioners shall make available
5 the necessary funds to carry out the provisions of this section.
6 (d) Inmate accounts.--
7 (1) The authorities in charge of a county correctional
8 institution shall fix the wages of each inmate to be employed
9 and shall keep an account of all such wages and the amount
10 due each inmate.
11 (2) Three-fourths of the amount credited to each inmate,
12 or the entire amount if the inmate so elects, shall
13 constitute a fund for the relief of any person or persons
14 dependent upon the inmate and shall be paid to such persons,
15 establishing dependency to the satisfaction of the
16 authorities, at such times as they may prescribe.
17 (3) In case an inmate has no person dependent upon him,
18 the inmate's wages shall be deposited for his benefit and
19 shall be paid to him as follows:
20 (i) one-third at the time of his discharge;
21 (ii) one-third, three months thereafter; and
22 (iii) one-third, six months thereafter.
23 (e) Special administrative fund.--
24 (1) The authorities in charge of a county correctional
25 institution may establish a fund for the purpose of carrying
26 out this section and may provide for the purchase of
27 machinery and materials and payment of wages from such fund.
28 (2) All revenues received from the sale of articles
29 produced shall be paid into the fund.
30 (f) Nonapplicability.--This section shall not apply to a
20050S0506B1798 - 114 -
1 county of the first class.
2 § 3106. 3105. Inmate labor in counties of the first class. <--
3 (a) General rule.--The board of inspectors of a county
4 correctional institution of a county of the first class may
5 establish, from time to time, a scale of wages that shall not be
6 less than ten cents per day, and may pay and the inmates may
7 receive compensation for their work according to such scale.
8 (b) Inmate account.--
9 (1) Except as otherwise provided in paragraph (2), the
10 earnings of each inmate shall be credited to his account and
11 disbursements made on approval of the chief administrator of
12 the institution and the written order of the inmate.
13 (2) When an inmate is committed for nonsupport, the
14 court which sentenced the inmate shall order payment of his
15 earnings and, in the case of other inmates, the court which
16 sentenced the inmate may order payments from his earnings to
17 be paid to his dependents.
18 (3) At time of release or discharge, the inmate shall
19 receive all moneys remaining in his account and give receipt
20 for the same.
21 § 3107. 3106. Inmate-made goods to be branded. <--
22 (a) General rule.--All goods, wares, merchandise or other
23 article or thing made by inmate labor in any correctional
24 institution or other establishment in which inmate labor is
25 employed, whether for the direct benefit and maintenance of the
26 correctional institution or other establishment or upon contract
27 by the authorities of the same with any third person,
28 immediately upon the completion of the same, shall be branded as
29 provided in this section and may not be taken into or exposed in
30 any place for sale at wholesale or retail without that brand.
20050S0506B1798 - 115 -
1 (b) Style and place of brand.--
2 (1) The brand required by this section shall be in plain
3 English lettering and shall contain at the head or top of the
4 brand the words "inmate made," followed by the year and name
5 of the correctional institution or other establishment in
6 which made.
7 (2) The brand shall in all cases, when the nature of the
8 article will permit, be placed on the article and only where
9 the branding is impossible may it be placed on the box or
10 other receptacle or covering in which it is contained.
11 (3) The brand shall be affixed to the article by
12 casting, burning, pressing or other such process or means so
13 that the article may not be defaced and in all cases shall be
14 upon the most conspicuous place upon the article or the box,
15 receptacle or covering containing the article.
16 (c) Applicability.--This section shall not apply to goods,
17 wares and merchandise shipped to points outside of this
18 Commonwealth.
19 § 3108. 3107. Sale of inmate-made goods. <--
20 The department may contract to sell or sell the articles
21 manufactured or produced in any correctional institution which
22 cannot be used therein, to the Commonwealth or to any political
23 subdivision thereof, or to any State, municipality, or county
24 authority, created by or under any law of this Commonwealth, or
25 to any State correctional institution, or to any educational or
26 charitable institution receiving aid from the Commonwealth, or
27 to the Federal Government or any department, bureau, commission,
28 authority or agency thereof, or to any other state or political
29 subdivision or authority thereof, or to any institution
30 receiving aid from the Federal Government or of any other state.
20050S0506B1798 - 116 -
1 CHAPTER 33
2 MEDICAL SERVICES
3 Sec.
4 3301. Short title of chapter.
5 3302. Definitions.
6 3303. Medical Services Program.
7 3304. Powers and duties of department.
8 3305. Costs outstanding upon release.
9 3306. Report to General Assembly.
10 3307. Applicability.
11 § 3301. Short title of chapter.
12 This chapter shall be known and may be cited as the
13 Correctional Institution Medical Services Act.
14 § 3302. Definitions.
15 The following words and phrases when used in this chapter
16 shall have the meanings given to them in this section unless the
17 context clearly indicates otherwise:
18 "Program." The Medical Services Program established for
19 inmates under section 3303 (relating to Medical Services
20 Program).
21 § 3303. Medical Services Program.
22 (a) Establishment.--The Medical Services Program is
23 established in the department which shall include, but not be
24 limited to, the provisions of this chapter. The program shall be
25 a copay program requiring inmates to pay a fee to cover a
26 portion of the actual costs of the medical services provided.
27 (b) Fees.--
28 (1) The department shall develop by regulation a program
29 for inmates which includes fees for certain medical services.
30 The regulations shall provide for consistent medical services
20050S0506B1798 - 117 -
1 guidelines by specifying the medical services which are
2 subject to fees, the fee amounts, payment procedures, medical
3 services which are not subject to fees and fees applicable to
4 medical emergencies, chronic care and preexisting conditions.
5 (2) In addition to other medical services provided to
6 the inmate, an inmate may be required to pay a fee for
7 medical services provided because of injuries the inmate
8 inflicted upon himself or another inmate.
9 (c) Explanation of program.--Each inmate shall be advised of
10 the medical services fees and payment procedures at the time of
11 intake. An explanation of the program regulations shall be
12 included in the inmate handbook.
13 (d) Written notice of changes.--Each inmate shall receive
14 written notice of any changes in medical services fees and
15 payment procedures and an initial written notice of the
16 program's implementation.
17 (e) Payment for medical services.--
18 (1) No inmate shall be denied access to medical services
19 because of an inability to pay the required fees.
20 (2) The department shall devise and implement a program
21 whereby inmates of State correctional institutions who have
22 medical insurance shall pay for their own medical needs
23 through that insurance. This program shall be contained in
24 regulations promulgated by the department.
25 (f) Fee debits.--An inmate shall acknowledge in writing any
26 debit made to his inmate account for a medical services fee.
27 (g) Deposits.--Medical services fees collected under this
28 chapter shall be deposited in the General Fund.
29 § 3304. Powers and duties of department.
30 The department shall implement the program by:
20050S0506B1798 - 118 -
1 (1) Issuing regulations as required under section 3303
2 (relating to Medical Services Program).
3 (2) Providing department staff and medical services
4 providers with training relating to the program.
5 (3) Developing administrative forms for the
6 implementation of the program.
7 (4) Providing for administrative and accounting
8 procedures for the program and an annual audit of the
9 program.
10 (5) Providing written notice to all current inmates
11 regarding implementation of the program.
12 § 3305. Costs outstanding upon release.
13 (a) Right to seek recovery of costs.--The department may
14 seek to recover any amount owed for medical services fees by an
15 inmate upon release from prison through a civil action brought
16 within one year of the inmate's release. The department shall
17 have the burden to prove the amount owed.
18 (b) Defense.--An inmate's inability to pay as determined by
19 the court shall be a defense to the payment of part or all of
20 the fees.
21 § 3306. Report to General Assembly.
22 The department shall submit to the chairmen and minority
23 chairmen of the Appropriations Committee and the Judiciary
24 Committee of the Senate and the chairmen and minority chairmen
25 of the Appropriations Committee and the Judiciary Committee of
26 the House of Representatives an annual report on the program.
27 The report shall provide information on the fees charged and the
28 fees collected under the program and shall include a summary of
29 the annual audit of the program as required under section 3304
30 (relating to powers and duties of department). The report may
20050S0506B1798 - 119 -
1 recommend legislative changes for the program and propose model
2 legislation for counties which may wish to develop similar
3 programs.
4 § 3307. Applicability.
5 The department shall collect fees for medical services
6 provided to an inmate after the effective date of the program
7 regulations as published in the Pennsylvania Bulletin.
8 CHAPTER 35
9 VISITATION
10 Subchapter
11 A. General Provisions
12 B. Official Visitation
13 SUBCHAPTER A
14 GENERAL PROVISIONS
15 Sec.
16 3501. Gubernatorial visitor for philanthropic purposes.
17 3502. Official visitors.
18 3503. Rights of official visitors.
19 § 3501. Gubernatorial visitor for philanthropic purposes.
20 The Governor may appoint a person to visit, for philanthropic
21 purposes, correctional institutions. No expense shall be
22 incurred to the Commonwealth for the implementation of this
23 section.
24 § 3502. Official visitors.
25 (a) General rule.--Subject to the provisions of subsection
26 (b), the active or visiting committee of any society
27 incorporated for the purpose of visiting and instructing inmates
28 are hereby made official visitors of any correctional
29 institution, with the same powers, privileges and functions as
30 are vested in the official visitors of correctional institutions
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1 as now prescribed by law.
2 (b) Notice required.--No active or visiting committee as
3 identified in subsection (a) may visit a correctional
4 institution under this section unless notice of the names of the
5 members of the committee and the terms of their appointment are
6 given by the society, in writing, under its corporate seal, to
7 the chief administrator of the correctional institution.
8 § 3503. Rights of official visitors.
9 (a) Visiting hours.--A person designated by law to be an
10 official visitor of a correctional institution may enter and
11 visit any correctional institution on any and every day,
12 including Sundays, between the hours of 9 a.m. and 5 p.m. and at
13 such other times with the special permission of the chief
14 administrator.
15 (b) Confirmation of role.--All powers, functions and
16 privileges granted to official visitors of correctional
17 institutions under prior law are hereby confirmed. No official
18 visitor shall have the right or power to give or deliver to an
19 inmate during such visit any chattel or object whatsoever,
20 except objects and articles of religious or moral instruction or
21 use.
22 (c) Effect of violation.--
23 (1) If an official visitor violates any provision of
24 this section, a chief administrator may apply to the court of
25 common pleas in the county wherein the correctional
26 institution is situated, for a rule upon the official visitor
27 to show cause why he should not be deprived of his office.
28 (2) Upon proof to the satisfaction of the court, the
29 court shall enter a decree against the official visitor
30 depriving him of all rights, privileges and functions of an
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1 official visitor.
2 SUBCHAPTER B
3 OFFICIAL VISITATION
4 Sec.
5 3511. Short title of subchapter.
6 3512. Definitions.
7 3513. Visitation.
8 3514. Employees of official visitor.
9 § 3511. Short title of subchapter.
10 This subchapter shall be known and may be cited as the
11 Official Visitation of Correctional Institutions Act.
12 § 3512. Definitions.
13 The following words and phrases when used in this subchapter
14 shall have the meanings given to them in this section unless the
15 context clearly indicates otherwise:
16 "Official visitor." The Governor, Lieutenant Governor,
17 President pro tempore and members of the Senate, Speaker and
18 members of the House of Representatives, justices and judges of
19 the courts of record, General Counsel, Attorney General and his
20 deputies and authorized members of the Pennsylvania Prison
21 Society who have been designated as official visitors, whose
22 names shall be given to a chief administrator, in writing,
23 together with the terms of their appointment under its corporate
24 seal.
25 § 3513. Visitation.
26 (a) Time.--An official visitor may enter and visit any
27 correctional institution on any and every day, including
28 Sundays, between the hours of 9 a.m. and 5 p.m. Visits at any
29 other time shall be made only with the special permission of the
30 chief administrator.
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1 (b) Denial of entry.--
2 (1) If a chief administrator of a State correctional
3 institution is of the opinion that the visit would be
4 dangerous to the discipline or welfare of the correctional
5 institution or the safety of the visitor, the chief
6 administrator may temporarily deny entry to any official
7 visitor if the secretary has previously declared that an
8 emergency situation exists within the correctional
9 institution.
10 (2) If a temporary exclusion under paragraph (1) exceeds
11 72 hours, the official visitor may apply to the Commonwealth
12 Court for a ruling upon the secretary to show cause why the
13 official visitor should not be permitted entry into the State
14 correctional institution.
15 (c) Temporary denial of visitation for county correctional
16 institutions.--
17 (1) If the chief administrator of a county correctional
18 institution has previously determined that an emergency
19 exists at the county correctional institution, the chief
20 administrator may, with the approval of the president judge
21 of the court of common pleas of the county where the county
22 correctional institution is located, temporarily deny entry
23 to an official visitor.
24 (2) If a temporary exclusion under paragraph (1) exceeds
25 72 hours, the official visitor may apply to the Commonwealth
26 Court for a ruling upon the president judge to show cause why
27 the official visitor should not be permitted entry into the
28 county correctional institution.
29 (d) Interviews.--
30 (1) An official visitor may interview privately any
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1 inmate confined in any correctional institution and for that
2 purpose may enter the cell, room or apartment wherein any
3 inmates are confined.
4 (2) If the chief administrator at the time of the visit
5 is of the opinion that entry into a cell would be dangerous
6 to the discipline of the correctional institution, then the
7 chief administrator may conduct any inmates with whom the
8 official visitor may desire a private interview into another
9 cell or room as the chief administrator may designate and
10 there permit the private interview between the official
11 visitor and the inmate to take place.
12 (e) Official visitors and employees not exempt from
13 prosecution.--Official visitors and their employees shall not be
14 exempt from prosecution for any criminal offense, including, but
15 not limited to, a violation of 18 Pa.C.S. §§ 5121 (relating to
16 escape), 5122 (relating to weapons or implements for escape) and
17 5123 (relating to contraband).
18 (f) Decree of court.--
19 (1) If an official visitor violates any provision of
20 this section, any chief administrator of a correctional
21 institution may apply to the appropriate court for a ruling
22 upon the official visitor to show cause why the official
23 visitor should not be deprived of his official visitation
24 status.
25 (2) Upon proof to the satisfaction of the court, the
26 court shall enter a decree against the official visitor
27 depriving him of all rights, privileges and functions of an
28 official visitor.
29 § 3514. Employees of official visitor.
30 One employee of an official visitor may accompany the
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1 official visitor when visiting any correctional institution and
2 may be present during an interview conducted by the official
3 visitor.
4 CHAPTER 37
5 INMATE PRERELEASE PLANS
6 Sec.
7 3701. Establishment of prerelease centers.
8 3702. Release PRERELEASE plan for inmates. <--
9 3703. Rules and regulations.
10 3704. Salaries and wages of inmates.
11 § 3701. Establishment of prerelease centers.
12 The department shall establish, with the approval of the
13 Governor, prisoner prerelease centers at such locations
14 throughout this Commonwealth as it deems necessary to carry out
15 effective prisoner prerelease programs.
16 § 3702. Release PRERELEASE plan for inmates. <--
17 (a) Transfer authorization.--
18 (1) The secretary may transfer an inmate incarcerated in
19 any prerelease center or in any prerelease center located in
20 any State correctional institution who has not been sentenced
21 to death or life imprisonment to any prerelease center.
22 (2) The transfer of the inmate to the prerelease center
23 shall not occur where the transfer is not appropriate due to
24 a certified terminal illness.
25 (b) Temporary release.--An inmate transferred to and
26 confined in a prerelease center may be released temporarily with
27 or without direct supervision at the discretion of the
28 department, in accordance with rules and regulations as provided
29 in section 3703 (relating to rules and regulations), for the
30 purposes of gainful employment, vocational or technical
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1 training, academic education and such other lawful purposes as
2 the department shall consider necessary and appropriate for the
3 furtherance of the inmate's individual prerelease program
4 subject to compliance with subsection (c).
5 (c) Conditions for release of certain inmates.--
6 (1) An inmate who has not served his minimum sentence
7 may not be transferred to a prerelease center unless:
8 (i) more than 20 days have elapsed after written
9 notice of the proposed transfer, describing the inmate's
10 individual prerelease program, has been received by the
11 sentencing judge or, in the event the sentencing judge is
12 unavailable, the sentencing court and the prosecuting
13 district attorney's office and no written objection by
14 the judge containing the reason therefor has been
15 received by the department;
16 (ii) the judge withdraws his objection after
17 consultation with representatives of the department; or
18 (iii) approval of the proposed transfer is given by
19 the Board of Pardons.
20 (2) In the event of a timely objection by the judge,
21 representatives of the department shall meet with the judge
22 and attempt to resolve the disagreement.
23 (3) If, within 20 days of the department's receipt of
24 the objection:
25 (i) the judge does not withdraw his objection;
26 (ii) the department does not withdraw its proposal
27 for transfer; or
28 (iii) the judge and the department do not agree on
29 an alternate proposal for transfer, the matter shall be
30 listed for hearing at the next session of the Board of
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1 Pardons to be held in the hearing district in which the
2 judge is located.
3 (4) During the hearing before the Board of Pardons,
4 representatives of the judge, the department, the district
5 attorney of the county where the inmate was prosecuted and
6 any victim involved shall have the opportunity to be heard.
7 (d) Notice of release.--
8 (1) An inmate who has served his minimum sentence may be
9 released by the department only after notice to the judge
10 that the privilege is being granted.
11 (2) Notice of the release of an inmate shall be given to
12 the Pennsylvania State Police, the probation officer and the
13 sheriff or chief of police of the county, and the chief of
14 police of the municipality or township of the locality to
15 which the inmate is assigned or of the inmate's authorized
16 destination.
17 § 3703. Rules and regulations.
18 The department shall establish rules and regulations for
19 granting and administering release plans and shall determine
20 those inmates who may participate in any plan. If an inmate
21 violates the rules or regulations prescribed by the department,
22 the inmate's release privileges may be withdrawn. Failure of an
23 inmate to report to or return from the assigned place of
24 employment, training, education or other authorized destination
25 shall be deemed an offense under 18 Pa.C.S. § 5121 (relating to
26 escape).
27 § 3704. Salaries and wages of inmates.
28 (a) General rule.--The salaries or wages of inmates
29 gainfully employed under a plan established under this section
30 shall be collected by the department or its designated agents or
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1 employees. The wages shall not be subject to garnishment or
2 attachment for any purpose either in the hands of the employer
3 or the department during the inmate's term of imprisonment and
4 shall be disbursed only as provided in this section, but for tax
5 purposes they shall be income of the inmate.
6 (b) Use of salaries or wages.--The salaries or wages of an
7 inmate participating in a plan established under this section
8 shall be disbursed by the department in the following order:
9 (1) The board of the inmate, including food and
10 clothing.
11 (2) Necessary travel expense to and from work and other
12 incidental expenses of the inmate.
13 (3) Support of the inmate's dependents, if any.
14 (4) Payment, either in full or ratably, of the inmate's
15 obligations acknowledged by him in writing or which have been
16 reduced to judgment.
17 (5) The balance, if any, to the inmate upon his
18 discharge.
19 CHAPTER 39
20 MOTIVATIONAL BOOT CAMP
21 Sec.
22 3901. Scope of chapter.
23 3902. Declaration of policy.
24 3903. Definitions.
25 3904. Selection of inmate participants.
26 3905. Motivational boot camp program.
27 3906. Procedure for selection of participant in motivational
28 boot camp program.
29 3907. Completion of motivational boot camp program.
30 3908. Appeals.
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1 § 3901. Scope of chapter.
2 This chapter authorizes motivational boot camps.
3 § 3902. Declaration of policy.
4 The General Assembly finds and declares as follows:
5 (1) The Commonwealth recognizes the severe problem of
6 overcrowding in correctional institutions and understands
7 that overcrowding is a causative factor contributing to
8 insurrection and prison rioting.
9 (2) The Commonwealth also recognizes that the frequency
10 of convictions responsible for the dramatic expansion of the
11 population in correctional institutions is attributable in
12 part to the increased use of drugs and alcohol.
13 (3) The Commonwealth, in wishing to salvage the
14 contributions and dedicated work which its displaced citizens
15 may someday offer, is seeking to explore alternative methods
16 of incarceration which might serve as the catalyst for
17 reducing criminal behavior.
18 § 3903. Definitions.
19 The following words and phrases when used in this chapter
20 shall have the meanings given to them in this section unless the
21 context clearly indicates otherwise:
22 "Commission." The Pennsylvania Commission on Sentencing.
23 "Eligible inmate." A person sentenced to a term of
24 confinement under the jurisdiction of the Department of
25 Corrections who is serving a term of confinement, the minimum of
26 which is not more than two years and the maximum of which is
27 five years or less or an inmate who is serving a term of
28 confinement the minimum of which is not more than three years
29 where that inmate is within two years of completing his minimum
30 term, and who has not reached 35 years of age at the time he is
20050S0506B1798 - 129 -
1 approved for participation in the motivational boot camp
2 program. The term shall not include any inmate who is subject to
3 a sentence the calculation of which included an enhancement for
4 the use of a deadly weapon as defined pursuant to the sentencing
5 guidelines promulgated by the Pennsylvania Commission on
6 Sentencing or any inmate serving a sentence for any violation of
7 one or more of the following provisions:
8 18 Pa.C.S. § 2502 (relating to murder).
9 18 Pa.C.S. § 2503 (relating to voluntary manslaughter).
10 18 Pa.C.S. § 2506 (relating to drug delivery resulting in
11 death).
12 18 Pa.C.S. § 2901 (relating to kidnapping).
13 18 Pa.C.S. § 3121 (relating to rape).
14 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual
15 intercourse).
16 18 Pa.C.S. § 3124.1 (relating to sexual assault).
17 18 Pa.C.S. § 3125 (relating to aggravated indecent
18 assault).
19 18 Pa.C.S. § 3301(a)(1)(i) (relating to arson and related
20 offenses).
21 18 Pa.C.S. § 3502 (relating to burglary) in the case of
22 burglary of a structure adapted for overnight accommodation
23 in which at the time of the offense any person is present.
24 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to
25 robbery).
26 18 Pa.C.S. § 3702 (relating to robbery of motor vehicle).
27 18 Pa.C.S. § 7508 (a)(1)(iii), (2)(iii), (3)(iii) or
28 (4)(iii) (relating to drug trafficking sentencing and
29 penalties).
30 "Motivational boot camp." A program in which eligible
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1 inmates participate for a period of six months in a humane
2 program for motivational boot camp programs which shall provide
3 for rigorous physical activity, intensive regimentation and
4 discipline, work on public projects, substance abuse treatment
5 services licensed by the Department of Health, continuing
6 education, vocational training, prerelease counseling and
7 community corrections aftercare.
8 § 3904. Selection of inmate participants.
9 (a) Duties of commission.--Through the use of sentencing
10 guidelines, the commission shall employ the definition of
11 "eligible inmate" as provided in this chapter to further
12 identify inmates who would be appropriate for participation in a
13 motivational boot camp.
14 (b) Duties of sentencing judge.--The sentencing judge shall
15 employ the sentencing guidelines to identify those defendants
16 who are eligible for participation in a motivational boot camp.
17 The judge shall have the discretion to exclude a defendant from
18 eligibility if the judge determines that the defendant would be
19 inappropriate for placement in a motivational boot camp. The
20 judge shall note on the sentencing order whether the defendant
21 has been identified as eligible for a motivational boot camp
22 program.
23 (c) Duties of department.--The secretary shall promulgate
24 rules and regulations providing for inmate selection criteria
25 and the establishment of motivational boot camp selection
26 committees within each diagnostic and classification center of
27 the department.
28 § 3905. Motivational boot camp program.
29 (a) Establishment.--There is hereby established in the
30 department a motivational boot camp program.
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1 (b) Program objectives.--The objectives of the program are:
2 (1) To protect the health and safety of the Commonwealth
3 by providing a program which will reduce recidivism and
4 promote characteristics of good citizenship among eligible
5 inmates.
6 (2) To divert inmates who ordinarily would be sentenced
7 to traditional forms of confinement under the custody of the
8 department to motivational boot camps.
9 (3) To provide discipline and structure to the lives of
10 eligible inmates and to promote these qualities in the
11 postrelease behavior of eligible inmates.
12 (c) Rules and regulations.--
13 (1) The secretary shall promulgate rules and regulations
14 which shall include, but not be limited to, inmate
15 discipline, selection criteria, programming and supervision
16 and administration.
17 (2) The department shall provide four weeks of intensive
18 training for all staff prior to the start of their
19 involvement with the program.
20 (d) Approval.--Motivational boot camp programs may be
21 established only at correctional institutions classified by the
22 secretary as motivational boot camp institutions.
23 (e) Evaluation.--The department and the commission shall
24 monitor and evaluate the motivational boot camp programs to
25 ensure that the programmatic objectives are met. Both shall
26 present biennial reports of the evaluations to the Judiciary
27 Committee of the Senate and the Judiciary Committee of the House
28 of Representatives no later than February 1 in alternate years.
29 § 3906. Procedure for selection of participant in motivational
30 boot camp program.
20050S0506B1798 - 132 -
1 (a) Application.--An eligible inmate may make an application
2 to the motivational boot camp selection committee for permission
3 to participate in the motivational boot camp program.
4 (b) Selection.--If the selection committee determines that
5 an inmate's participation in the program is consistent with the
6 safety of the community, the welfare of the applicant, the
7 programmatic objectives and the rules and regulations of the
8 department, the committee shall forward the application to the
9 secretary or his designee for approval or disapproval.
10 (c) Conditions.--Applicants may not participate in the
11 motivational boot camp program unless they agree to be bound by
12 all the terms and conditions thereof and indicate their
13 agreement by signing a memorandum of understanding.
14 (d) Qualifications to participate.--Satisfaction of the
15 qualifications set forth in this section to participate does not
16 mean that an inmate will automatically be permitted to
17 participate in the program.
18 (e) Expulsion from program.--
19 (1) An inmate's participation in the motivational boot
20 camp unit may be suspended or revoked for administrative or
21 disciplinary reasons.
22 (2) The department shall develop regulations consistent
23 with this subsection.
24 § 3907. Completion of motivational boot camp program.
25 Upon certification by the department of the inmate's
26 successful completion of the program, the Pennsylvania Board of
27 Probation and Parole shall immediately release the inmate on
28 parole, notwithstanding any minimum sentence imposed in the
29 case. The parolee will be subject to intensive supervision for a
30 period of time determined by the board, after which the parolee
20050S0506B1798 - 133 -
1 will be subject to the usual parole supervision. For all other
2 purposes, the parole of the inmate shall be as provided by
3 Chapter 61 (relating to Pennsylvania Board of Probation and
4 Parole).
5 § 3908. Appeals.
6 Nothing in this chapter shall be construed to enlarge or
7 limit the right of an inmate to appeal his or her sentence.
8 CHAPTER 41
9 STATE INTERMEDIATE PUNISHMENT
10 Sec.
11 4101. Scope of chapter.
12 4102. Findings and purpose.
13 4103. Definitions.
14 4104. Referral to State intermediate punishment program.
15 4105. Drug offender treatment program.
16 4106. Written guidelines and regulations.
17 4107. Reports.
18 4108. Construction.
19 4109. Evaluation.
20 § 4101. Scope of chapter.
21 This chapter relates to State intermediate punishment.
22 § 4102. Findings and purpose.
23 The General Assembly finds as follows:
24 (1) Many crimes are committed by persons who, because of
25 their addiction to drugs or alcohol, are unable to maintain
26 gainful employment.
27 (2) These persons often commit crimes as a means of
28 obtaining the funds necessary to purchase drugs or alcohol.
29 (3) Many persons commit crimes while under the influence
30 of drugs or alcohol even though they are not addicted to such
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1 substances in a clinical sense.
2 (4) Punishing persons who commit crimes is an important
3 aspect of recognizing the harm that criminals visit upon
4 their victims.
5 (5) Many people who commit crimes will be able to become
6 law-abiding, contributing members of society if they are able
7 to obtain treatment for their drug or alcohol addiction or
8 abuse.
9 (6) The purpose of this chapter is to create a program
10 that punishes person who commit crimes, but also provides
11 treatment that offers the opportunity for those persons to
12 address their drug or alcohol addiction or abuse and thereby
13 reduce the incidents of recidivism and enhance public safety.
14 § 4103. Definitions.
15 The following words and phrases when used in this chapter
16 shall have the meanings given to them in this section unless the
17 context clearly indicates otherwise:
18 "Commission." The Pennsylvania Commission on Sentencing.
19 "Community-based therapeutic community." A long-term
20 residential addiction treatment program licensed by the
21 Department of Health to provide addiction treatment services
22 using a therapeutic community model and determined by the
23 Department of Corrections to be qualified to provide addiction
24 treatment to eligible offenders.
25 "Community corrections center." A residential program that
26 is supervised and operated by the Department of Corrections for
27 inmates with prerelease status or who are on parole.
28 "Court." The trial judge exercising sentencing jurisdiction
29 over an eligible offender under this chapter or the president
30 judge if the original trial judge is no longer serving as a
20050S0506B1798 - 135 -
1 judge of the sentencing court.
2 "Defendant." An individual charged with a drug-related
3 offense.
4 "Department." The Department of Corrections of the
5 Commonwealth.
6 "Drug offender treatment program." An individualized
7 treatment program established by the Department of Corrections
8 consisting primarily of drug and alcohol addiction treatment
9 that satisfies the terms and conditions listed in section 4105
10 (relating to drug offender treatment program).
11 "Drug-related offense." A criminal offense for which a
12 defendant is convicted and that the court determines was
13 motivated by the defendant's consumption of or addiction to
14 alcohol or a controlled substance, counterfeit, designer drug,
15 drug, immediate precursor or marihuana, as those terms are
16 defined in the act of April 14, 1972 (P.L.233, No.64), known as
17 The Controlled Substance, Drug, Device and Cosmetic Act.
18 "Eligible offender." Subject to 42 Pa.C.S. § 9721(a.1)
19 (relating to sentencing generally), a defendant designated by
20 the sentencing court as a person convicted of a drug-related
21 offense who:
22 (1) Has undergone an assessment performed by the
23 Department of Corrections, which assessment has concluded
24 that the defendant is in need of drug and alcohol addiction
25 treatment and would benefit from commitment to a drug
26 offender treatment program and that placement in a drug
27 offender treatment program would be appropriate.
28 (2) Does not demonstrate a history of present or past
29 violent behavior.
30 (3) Would be placed in the custody of the department if
20050S0506B1798 - 136 -
1 not sentenced to State intermediate punishment.
2 (4) Provides written consent permitting release of
3 information pertaining to the defendant's participation in a
4 drug offender treatment program.
5 The term shall not include a defendant who is subject to a
6 sentence the calculation of which includes an enhancement for
7 the use of a deadly weapon, as defined pursuant to law or the
8 sentencing guidelines promulgated by the Pennsylvania Commission
9 on Sentencing, or a defendant who has been convicted of a
10 personal injury crime as defined in section 103 of the act of
11 November 24, 1998 (P.L.882, No.111), known as the Crime Victims
12 Act, or an attempt or conspiracy to commit such a crime or who
13 has been convicted of violating 18 Pa.C.S. § 4302 (relating to
14 incest), 5901 (relating to open lewdness), 6312 (relating to
15 abuse of children), 6318 (relating to unlawful contact with
16 minor) or 6320 (relating to sexual exploitation of children) or
17 Ch. 76 Subch. C (relating to Internet child pornography).
18 "Expulsion." The permanent removal of a participant from a
19 drug offender treatment program.
20 "Group home." A residential program that is contracted out
21 by the Department of Corrections to a private service provider
22 for inmates with prerelease status or who are on parole.
23 "Individualized drug offender treatment plan." An
24 individualized addiction treatment plan within the framework of
25 the drug offender treatment program.
26 "Institutional therapeutic community." A residential drug
27 treatment program in a State correctional institution,
28 accredited as a therapeutic community for treatment of drug and
29 alcohol abuse and addiction by the American Correctional
30 Association or other nationally recognized accreditation
20050S0506B1798 - 137 -
1 organization for therapeutic community drug and alcohol
2 addiction treatment.
3 "Outpatient addiction treatment facility." An addiction
4 treatment facility licensed by the Department of Health and
5 designated by the Department of Corrections as qualified to
6 provide addiction treatment to criminal justice offenders.
7 "Participant." An eligible offender actually sentenced to
8 State intermediate punishment pursuant to 42 Pa.C.S. §
9 9721(a)(7) (relating to sentencing generally).
10 "Transitional residence." A residence investigated and
11 approved by the Department of Corrections as appropriate for
12 housing a participant in a drug offender treatment program.
13 § 4104. Referral to State intermediate punishment program.
14 (a) Referral for evaluation.--
15 (1) Prior to imposing a sentence, the court may, upon
16 motion of the Commonwealth and agreement of the defendant,
17 commit a defendant to the custody of the department for the
18 purpose of evaluating whether the defendant would benefit
19 from a drug offender treatment program and whether placement
20 in the drug offender treatment program is appropriate.
21 (2) Upon committing a defendant to the department, the
22 court shall forward to the department:
23 (i) A summary of the offense for which the defendant
24 has been convicted.
25 (ii) Information relating to the defendant's history
26 of delinquency or criminality, including the information
27 maintained by the court pursuant to 42 Pa.C.S. Ch. 63
28 (relating to juvenile matters), when available.
29 (iii) Information relating to the defendant's
30 history of drug or alcohol abuse or addiction, when
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1 available.
2 (iv) A presentence investigation report, when
3 available.
4 (v) Any other information the court deems relevant
5 to assist the department with its assessment of the
6 defendant.
7 (b) Assessment of addiction.--
8 (1) The department shall conduct an assessment of the
9 addiction and other treatment needs of a defendant and
10 determine whether the defendant would benefit from a drug
11 offender treatment program. The assessment shall be conducted
12 using a nationally recognized assessment instrument or an
13 instrument that has been normed and validated on the
14 department's inmate population by a recognized expert in such
15 matters. The assessment instrument shall be administered by
16 persons skilled in the treatment of drug and alcohol
17 addiction and trained to conduct assessments. The assessments
18 shall be reviewed and approved by a supervisor with at least
19 three years of experience providing drug and alcohol
20 counseling services.
21 (2) The department shall conduct risk and other
22 assessments it deems appropriate and shall provide a report
23 of its assessment to the court, the defendant, the attorney
24 for the Commonwealth and the commission within 60 days of the
25 court's commitment of the defendant to the custody of the
26 department.
27 (c) Proposed drug offender treatment program.--If the
28 department in its discretion believes a defendant would benefit
29 from a drug offender treatment program and placement in the drug
30 offender treatment program is appropriate, the department shall
20050S0506B1798 - 139 -
1 provide the court, the defendant, the attorney for the
2 Commonwealth and the commission with a proposed drug offender
3 treatment program detailing the type of treatment proposed.
4 (d) Prerequisites for commitment.--Upon receipt of a
5 recommendation for placement in a drug offender treatment
6 program from the department and agreement of the attorney for
7 the Commonwealth and the defendant, the court may sentence an
8 eligible offender to a period of 24 months of State intermediate
9 punishment if the court finds that:
10 (1) The eligible offender is likely to benefit from
11 State intermediate punishment.
12 (2) Public safety would be enhanced by the eligible
13 offender's participation in State intermediate punishment.
14 (3) Sentencing the eligible offender to State
15 intermediate punishment would not depreciate the seriousness
16 of the offense.
17 (e) Consecutive probation.--Nothing in this chapter shall
18 prohibit the court from sentencing an eligible offender to a
19 consecutive period of probation. The total duration of the
20 sentence may not exceed the maximum term for which the eligible
21 offender could otherwise be sentenced.
22 (f) Applicability and program limitations.--The court may
23 not modify or alter the terms of the department's proposed
24 individualized drug offender treatment plan without the
25 agreement of the department and the attorney for the
26 Commonwealth.
27 (g) Videoconferencing.--The department shall make
28 videoconferencing facilities available to allow the court to
29 conduct proceedings necessary under this section when the
30 eligible offender has been committed to the custody of the
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1 department pursuant to subsection (b).
2 § 4105. Drug offender treatment program.
3 (a) Establishment.--The department shall establish and
4 administer a drug offender treatment program as a State
5 intermediate punishment. The program shall be designed to
6 address the individually assessed drug and alcohol abuse and
7 addiction needs of a participant and shall address other issues
8 essential to the participant's successful reintegration into the
9 community, including, but not limited to, educational and
10 employment issues.
11 (b) Duration and components.--Notwithstanding any credit to
12 which the defendant may be entitled under 42 Pa.C.S. § 9760
13 (relating to credit for time served), the duration of the drug
14 offender treatment program shall be 24 months and shall include
15 the following:
16 (1) A period in a State correctional institution of not
17 less than seven months. This period shall include:
18 (i) The time during which the defendants are being
19 evaluated by the department under section 4104(b)
20 (relating to referral to State intermediate punishment
21 program).
22 (ii) Following evaluation under subparagraph (i),
23 not less than four months shall be in an institutional
24 therapeutic community.
25 (2) A period of treatment in a community-based
26 therapeutic community of at least two months.
27 (3) A period of at least six months' treatment through
28 an outpatient addiction treatment facility. During the
29 outpatient addiction treatment period of the drug offender
30 treatment program, the participant may be housed in a
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1 community corrections center or group home or placed in an
2 approved transitional residence. The participant must comply
3 with any conditions established by the department regardless
4 of where the participant resides during the outpatient
5 addiction treatment portion of the drug offender treatment
6 program.
7 (4) A period of supervised reintegration into the
8 community for the balance of the drug offender treatment
9 program, during which the participant shall continue to be
10 supervised by the department and comply with any conditions
11 imposed by the department.
12 (c) Program management.--
13 (1) Consistent with the minimum time requirements set
14 forth in subsection (b), the department may transfer, at its
15 discretion, a participant between a State correctional
16 institution, an institutional therapeutic community, a
17 community-based therapeutic community, an outpatient
18 addiction treatment program and an approved transitional
19 residence. The department may also transfer a participant
20 back and forth between less restrictive and more restrictive
21 settings based upon the participant's progress or regression
22 in treatment or for medical, disciplinary or other
23 administrative reasons.
24 (2) This subsection shall be construed to provide the
25 department with the maximum flexibility to administer the
26 drug offender treatment program both as a whole and for
27 individual participants.
28 (d) Right of refusal to admit.--The administrator of a
29 community-based therapeutic community or outpatient addiction
30 treatment facility may refuse to accept a participant whom the
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1 administrator deems to be inappropriate for admission and may
2 immediately discharge to the custody of the department any
3 participant who fails to comply with facility rules and
4 treatment expectations or refuses to constructively engage in
5 the treatment process.
6 (e) Notice to court of completion of program.--When the
7 department determines that a participant has successfully
8 completed the drug offender treatment program, it shall notify
9 the sentencing court, the attorney for the Commonwealth and the
10 commission.
11 (f) Expulsion from program.--
12 (1) A participant may be expelled from the drug offender
13 treatment program at any time in accordance with guidelines
14 established by the department, including failure to comply
15 with administrative or disciplinary procedures or
16 requirements set forth by the department.
17 (2) The department shall promptly notify the court, the
18 defendant, the attorney for the Commonwealth and the
19 commission of the expulsion of a participant from the drug
20 offender treatment program and the reason for such expulsion.
21 The participant shall be housed in a State correctional
22 institution or county jail pending action by the court.
23 (3) The court shall schedule a prompt State intermediate
24 punishment revocation hearing pursuant to 42 Pa.C.S. § 9774
25 (relating to revocation of State intermediate punishment
26 sentence).
27 § 4106. Written guidelines and regulations.
28 The department shall develop written guidelines for
29 participant selection criteria and the establishment of drug
30 offender treatment program selection committees within each
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1 diagnostic and classification center of the department and shall
2 address suspensions and expulsions from the drug offender
3 treatment program. The guidelines shall not be subject to the
4 act of June 25, 1982 (P.L.633, No.181), known as the Regulatory
5 Review Act, and shall be effective for a period of two years
6 upon publication in the Pennsylvania Bulletin. The guidelines
7 shall be replaced by regulations promulgated by the department
8 consistent with the Regulatory Review Act within the two-year
9 period during which the guidelines are effective. The
10 regulations shall include a requirement that community-based
11 therapeutic communities utilized in the drug offender treatment
12 program be accredited as a therapeutic community for treatment
13 of drug and alcohol abuse and addiction by the Commission on
14 Accreditation of Rehabilitation Facilities or other nationally
15 recognized accreditation organization for community-based
16 therapeutic communities for drug and alcohol addiction
17 treatment.
18 § 4107. Reports.
19 (a) Final report.--The department shall provide a final
20 report to the court, the defendant, the attorney for the
21 Commonwealth and the commission on a participant's progress in
22 the drug offender treatment program.
23 (b) Evaluation and report to General Assembly.--The
24 department and the commission shall monitor and evaluate the
25 drug offender treatment program to ensure that the programmatic
26 objectives are met. In odd-numbered years, the department shall
27 present a report of its evaluation to the Judiciary Committee of
28 the Senate and the Judiciary Committee of the House of
29 Representatives no later than February 1. In even-numbered
30 years, the commission shall present a report of its evaluation
20050S0506B1798 - 144 -
1 to the Judiciary Committee of the Senate and the Judiciary
2 Committee of the House of Representatives no later than February
3 1. The report shall include:
4 (1) The number of offenders evaluated for the drug
5 offender treatment program.
6 (2) The number of offenders sentenced to the drug
7 offender treatment program.
8 (3) The number of offenders sentenced to a State
9 correctional institution who may have been eligible for the
10 drug offender treatment program.
11 (4) The number of offenders successfully completing the
12 drug offender treatment program.
13 (5) The six-month, one-year, three-year and five-year
14 recidivism rates for offenders who have completed the drug
15 offender treatment program and for a comparison group of
16 offenders who were not placed in the drug offender treatment
17 program.
18 (6) Any changes the department or the commission
19 believes will make the drug offender treatment program more
20 effective.
21 § 4108. Construction.
22 Notwithstanding any other provision of law to the contrary,
23 this chapter shall not be construed to:
24 (1) Confer any legal right upon any individual,
25 including an individual participating in the drug offender
26 treatment program, to:
27 (i) participate in a drug offender treatment
28 program;
29 (ii) continue participation in a drug offender
30 treatment program;
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1 (iii) modify the contents of the drug offender
2 treatment program; or
3 (iv) file any cause of action in any court
4 challenging the department's determination that a
5 participant be suspended or expelled from or that a
6 participant has successfully completed or failed to
7 successfully complete treatment to be provided during any
8 portion of a drug offender treatment program.
9 (2) Enlarge or limit the right of a participant to
10 appeal the participant's sentence.
11 § 4109. Evaluation.
12 The department and the commission shall monitor and evaluate
13 the motivational boot camp program under the act of December 19, <--
14 1990 (P.L.1391, No.215), known as the Motivational Boot Camp
15 Act, CHAPTER 39 (RELATING TO MOTIVATIONAL BOOT CAMP) to ensure <--
16 that the programmatic objectives are met. In even-numbered
17 years, the department shall present a report of its evaluation
18 to the Judiciary Committee of the Senate and the Judiciary
19 Committee of the House of Representatives no later than February
20 1. In odd-numbered years, the commission shall present a report
21 of its evaluation to the Judiciary Committee of the Senate and
22 the Judiciary Committee of the House of Representatives no later
23 than February 1.
24 CHAPTER 43
25 EXECUTION PROCEDURE AND METHOD
26 Sec.
27 4301. Definitions.
28 4302. Issuance of warrant.
29 4303. Terms of confinement.
30 4304. Method of execution.
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1 4305. Witnesses to execution.
2 4306. Certification of superintendent CHIEF ADMINISTRATOR. <--
3 4307. Postmortem examination.
4 4308. Costs of execution and examination.
5 § 4301. Definitions.
6 The following words and phrases when used in this chapter
7 shall have the meanings given to them in this section unless the
8 context clearly indicates otherwise:
9 "Victim." The term shall have the same meaning given to it
10 in section 103 of the act of November 24, 1998 (P.L.882,
11 No.111), known as the Crime Victims Act.
12 "Victim advocate." The victim advocate within the
13 Pennsylvania Board of Probation and Parole.
14 § 4302. Issuance of warrant.
15 (a) Time.--
16 (1) After the receipt of the record pursuant to 42
17 Pa.C.S. § 9711(i) (relating to sentencing procedure for
18 murder of the first degree), unless a pardon or commutation
19 has been issued, the Governor shall, within 90 days, issue a
20 warrant specifying a day for execution which shall be no
21 later than 60 days after the date the warrant is signed.
22 (2) If because of a reprieve or a judicial stay of the
23 execution the date of execution passes without imposition of
24 the death penalty, unless a pardon or commutation has been
25 issued, the Governor shall, within 30 days after receiving
26 notice of the termination of the reprieve or the judicial
27 stay, reissue a warrant specifying a day for execution which
28 shall be no later than 60 days after the date of reissuance
29 of the warrant.
30 (b) Secretary.--The warrant shall be directed to the
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1 secretary commanding that the subject of the warrant be executed
2 on the day named in the warrant and in the manner prescribed by
3 law.
4 (c) Failure to timely comply.--If the Governor fails to
5 timely comply with the provisions of this section and a pardon
6 or commutation has not been issued, the secretary shall, within
7 30 days following the Governor's failure to comply, schedule and
8 carry out the execution no later than 60 days from the date by
9 which the Governor was required to sign the warrant under
10 subsection (a).
11 § 4303. Terms of confinement.
12 Upon receipt of the warrant, the secretary shall, until
13 infliction of the death penalty or until lawful discharge from
14 custody, keep the inmate in solitary confinement. During the
15 confinement, no person shall be allowed access to the inmate
16 without an order of the sentencing court, except the following:
17 (1) The staff of the department.
18 (2) The inmate's counsel of record or other attorney
19 requested by the inmate.
20 (3) A spiritual adviser selected by the inmate or the
21 members of the immediate family of the inmate.
22 § 4304. Method of execution.
23 (a) Injection.--
24 (1) The death penalty shall be inflicted by injecting
25 the convict with a continuous intravenous administration of a
26 lethal quantity of an ultrashort-acting barbiturate in
27 combination with chemical paralytic agents approved by the
28 department until death is pronounced by the coroner. The
29 coroner shall issue the death certificate.
30 (2) The execution shall be supervised by the
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1 superintendent CHIEF ADMINISTRATOR or his designee of the <--
2 State correctional institution designated by the department
3 for the execution.
4 (b) Injection agents.--Notwithstanding section 13 of the act
5 of April 14, 1972 (P.L.233, No.64), known as The Controlled
6 Substance, Drug, Device and Cosmetic Act, the secretary or his
7 designee may obtain the injection agents directly from a
8 pharmacist or manufacturer.
9 § 4305. Witnesses to execution.
10 (a) List of witnesses.--No person except the following shall
11 witness any execution under the provisions of this chapter:
12 (1) The superintendent CHIEF ADMINISTRATOR or his <--
13 designee of the State correctional institution where the
14 execution takes place.
15 (2) Six reputable adult citizens selected by the
16 secretary.
17 (3) One spiritual adviser, when requested and selected
18 by the inmate.
19 (4) Not more than six duly accredited representatives of
20 the news media.
21 (5) Such staff of the department as may be selected by
22 the secretary.
23 (6) Not more than four victims registered with and
24 selected by the victim advocate.
25 (b) Witnesses.--The secretary may refuse participation by a
26 witness for safety or security reasons. The department shall
27 make reasonable efforts to provide victims a viewing area
28 separate and apart from the area to which other witnesses are
29 admitted.
30 (c) Confidentiality.--The identity of department employees,
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1 department contractors or victims who participate in the
2 administration of an execution pursuant to this section shall be
3 confidential.
4 § 4306. Certification of superintendent CHIEF ADMINISTRATOR. <--
5 After the execution, the superintendent CHIEF ADMINISTRATOR <--
6 or his designee shall certify in writing, under oath or
7 affirmation, to the court of the county where the inmate was
8 sentenced to death that the inmate was duly executed in
9 accordance with this chapter. The certificate shall be filed in
10 the office of the clerk of such court.
11 § 4307. Postmortem examination.
12 (a) General rule.--Immediately after execution, a postmortem
13 examination of the body of the inmate shall be made at the
14 discretion of the coroner of the county in which the execution
15 is performed. The coroner shall report the nature of any
16 examination made. This report shall be annexed to and filed with
17 the certificate required under section 4306 (relating to
18 certification of superintendent CHIEF ADMINISTRATOR). <--
19 (b) Disposition of body.--After the postmortem examination,
20 unless claimed by a relative or relatives, the department shall
21 be responsible for disposition of the body.
22 § 4308. Costs of execution and examination.
23 The actual and necessary costs of the execution and the
24 postmortem examination shall be paid by the department.
25 CHAPTER 59
26 MISCELLANEOUS PROVISIONS
27 Sec.
28 5901. Physical welfare of inmates.
29 5902. Contraband prohibited.
30 5903. Inmate uniforms.
20050S0506B1798 - 150 -
1 5904. Assessment and collection of costs.
2 § 5901. Physical welfare of inmates.
3 (a) Physical exercise.--
4 (1) A chief administrator who may or shall have in
5 charge any inmate, whether the inmate has been tried or not,
6 shall provide the inmate with at least two hours of daily
7 physical exercise in the open, weather permitting, and upon
8 such days on which the weather is inclement, with two hours
9 of daily physical exercise inside of the correctional
10 institution.
11 (2) The physical exercise must be safe and practical,
12 and the judges of several courts are to be the judges
13 thereof.
14 (3) Inmates in segregation or disciplinary status shall
15 receive a minimum of at least one hour of daily exercise five
16 days per week.
17 (b) Limitation.--The physical exercise required by
18 subsection (a) shall not be taken by an inmate within the
19 confines of his cell or room in which the inmate is confined.
20 (c) Applicability.--This section shall not apply to inmates
21 who are confined and not physically able to take the required
22 physical exercise.
23 § 5902. Contraband prohibited.
24 (a) Alcohol and drugs.--No spirituous or fermented liquors,
25 drug, medicine, poison, opium, morphine or any other kind or
26 character of narcotics shall, on any pretense whatever:
27 (1) be sold or given away in a correctional institution
28 or in any building appurtenant thereto, or on the land
29 granted to or owned or leased by the Commonwealth for the use
30 and benefit of inmates; or
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1 (2) be brought into a correctional institution or any
2 building appurtenant thereto, or on to the land granted to or
3 owned or leased by the Commonwealth for the use of and
4 benefit of inmates, without a written permit signed by the
5 physician of the correctional institution specifying the
6 quantity and quality of the liquor or narcotic which may be
7 furnished to the inmate or employee in the prison and the
8 name of the inmate or employee for whom and the time when the
9 liquor or narcotic may be furnished, except the ordinary
10 hospital supply of the prisons.
11 (b) Permit.--The permit shall be delivered to and kept by
12 the chief administrator.
13 (c) No secured storage.--No spirituous or fermented liquor,
14 drug, medicine, poison, opium, morphine or any other kind or
15 character of narcotic shall be sold, given away or furnished,
16 either directly or indirectly, to an inmate, either in or
17 anywhere outside of the correctional institution, or be disposed
18 of in such manner or in such a place that it may be secured by
19 an inmate or employee of the prison.
20 (d) Tobacco.--Tobacco may be supplied and used, subject to
21 such regulations as may be adopted by the chief administrator.
22 (e) Weapons.--No weapon or other implement which may be used
23 to injure an inmate or person or in assisting an inmate to
24 escape from imprisonment shall:
25 (1) be sold, given away or furnished to an inmate in any
26 correctional institution or any building appurtenant thereto,
27 or on the land granted to or owned or leased by the
28 Commonwealth for the use and benefit of inmates;
29 (2) be brought into any correctional institution or any
30 building appurtenant thereto, or on to the land granted to or
20050S0506B1798 - 152 -
1 owned or leased by the Commonwealth for the use and benefit
2 of inmates; or
3 (3) be sold, given away or furnished, either directly or
4 indirectly, to an inmate, either in or anywhere outside of
5 the correctional institution, or be disposed of in such a
6 manner or in such a place that it may be secured by an inmate
7 in the correctional institution.
8 (f) Searches.--A chief administrator may search or cause to
9 have searched any person coming to the correctional institution
10 as a visitor, or in any other capacity, who is suspected of
11 having upon his person:
12 (1) any weapon or other implement which may be used to
13 injure an inmate or any other person or in assisting an
14 inmate to escape from imprisonment; or
15 (2) any spirituous or fermented liquor, drug, medicine,
16 poison, opium, morphine or any other kind or character of
17 narcotics.
18 (g) Penalty.--A person who violates any of the provisions of
19 this section commits a felony and shall, upon conviction, be
20 sentenced to pay a fine of not more than $1,000 or to
21 imprisonment for not more than five years, or both.
22 § 5903. Inmate uniforms.
23 While incarcerated, an inmate of a State correctional
24 institution shall wear identifiable prison uniforms and shall
25 not wear civilian clothing.
26 § 5904. Assessment and collection of costs.
27 (a) Power of department.--When the department determines
28 that there has been a financial loss or cost as a result of a
29 violation of a written rule governing inmate behavior,
30 including, but not limited to, property loss or damage or use of
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1 a controlled substance, the department may require the inmate to
2 pay to the department, or to the person whose property has been
3 lost or damaged, the value of the property or the costs incurred
4 in the investigation and administrative review of the behavior.
5 (b) Procedures.--The department shall develop written
6 procedures relating to the determination, assessment and
7 collection of the costs of losses due to inmate misconduct. When
8 the procedures have been adopted by the department, the
9 provisions of 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and
10 procedure of Commonwealth agencies) shall not apply to
11 proceedings conducted by the department under this section.
12 (c) Deduction from inmate's institutional account.--
13 (1) The department may deduct from an inmate's
14 institutional account the amount of any judgment, court-
15 ordered costs or assessments against the inmate under
16 subsection (a).
17 (2) Notice of the deduction shall be provided to the
18 inmate by certified mail or personal notice.
19 PART IV
20 PROBATION AND PAROLE
21 Chapter
22 61. Pennsylvania Board of Probation and Parole
23 63. County Probation Officers' Firearm Education and
24 Training
25 CHAPTER 61
26 PENNSYLVANIA BOARD OF PROBATION AND PAROLE
27 Subchapter
28 A. Preliminary Provisions
29 B. Administration
30 C. Powers and Duties
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1 D. State Parole Agents
2 SUBCHAPTER A
3 PRELIMINARY PROVISIONS
4 Sec.
5 6101. Definitions.
6 6102. Operation of parole system generally.
7 § 6101. Definitions.
8 The following words and phrases when used in this chapter
9 shall have the meanings given to them in this section unless the
10 context clearly indicates otherwise:
11 "Board." The Pennsylvania Board of Probation and Parole.
12 § 6102. Operation of parole system generally.
13 The parole system shall operate consistent with the following
14 provisions:
15 (1) The parole system provides several benefits to the
16 criminal justice system, including the provision of adequate
17 supervision of the offender while protecting the public, the
18 opportunity for the offender to become a useful member of
19 society and the diversion of appropriate offenders from
20 prison.
21 (2) In providing these benefits to the criminal justice
22 system, the board shall first and foremost seek to protect
23 the safety of the public.
24 (3) In addition to this goal, the board shall address
25 input by crime victims and assist in the fair administration
26 of justice by ensuring the custody, control and treatment of
27 paroled offenders.
28 SUBCHAPTER B
29 ADMINISTRATION
30 Sec.
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1 6110. Pennsylvania Board of Probation and Parole. <--
2 6111. Board chairperson.
3 6112. Board action.
4 6113. Salaries of board members.
5 6114. Incompatible offices and removal.
6 6115. Meetings.
7 6116. Official seal.
8 6117. Offices.
9 6118. District directors.
10 6119. District office employees.
11 6120. Disciplinary action.
12 6121. Political activities.
13 6122. Advisory committee.
14 6111. PENNSYLVANIA BOARD OF PROBATION AND PAROLE. <--
15 6112. BOARD CHAIRPERSON.
16 6113. BOARD ACTION.
17 6114. SALARIES OF BOARD MEMBERS.
18 6115. INCOMPATIBLE OFFICES AND REMOVAL.
19 6116. MEETINGS.
20 6117. OFFICIAL SEAL.
21 6118. OFFICES.
22 6119. DISTRICT DIRECTORS.
23 6120. DISTRICT OFFICE EMPLOYEES.
24 6121. DISCIPLINARY ACTION.
25 6122. POLITICAL ACTIVITIES.
26 6123. ADVISORY COMMITTEE.
27 § 6110 6111. Pennsylvania Board of Probation and Parole. <--
28 (a) Establishment.--The Pennsylvania Board of Probation and
29 Parole is reestablished as an independent administrative board
30 for the administration of the probation and parole laws of this
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1 Commonwealth.
2 (b) Membership.--The board shall consist of nine members who
3 shall be appointed by the Governor, by and with the advice and
4 consent of a majority of the members of the Senate, and each of
5 whom shall hold office for a term of six years or until that
6 person's successor shall have been duly appointed and qualified,
7 but in no event more than 90 days beyond the expiration of that
8 person's appointed term.
9 (c) Vacancies.--
10 (1) Vacancies occurring in an office of member of the
11 board by expiration of term, death, resignation, removal or
12 for any other reason shall be filled in the manner provided
13 by section 8 of Article IV of the Constitution of
14 Pennsylvania for the remainder of the term.
15 (2) Whenever a board member's term expires, that
16 member's position shall be immediately deemed a vacancy, and
17 the Governor shall nominate a person to fill that membership
18 position on the board within 90 days of the date of
19 expiration, even if the member continues to remain on the
20 board.
21 (d) Eligibility.--To be eligible to be appointed by the
22 Governor for membership on the board, an individual shall have
23 at least six years of professional experience in parole,
24 probation, social work or related areas, including one year in a
25 supervisory or administrative capacity, and a bachelor's degree.
26 Any equivalent combination of experience and training shall be
27 acceptable.
28 (e) General powers.--Subject to the provisions of this
29 chapter, the board shall have all the powers and shall perform
30 the duties generally vested in and imposed upon independent
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1 administrative boards and commissions by the act of April 9,
2 1929 (P.L.177, No.175), known as The Administrative Code of
3 1929, and shall be subject to all the provisions of that act
4 applicable generally to independent administrative boards and
5 commissions.
6 § 6111 6112. Board chairperson. <--
7 (a) Designation by Governor.--The Governor shall from time
8 to time, as the occasion may arise, designate one of the members
9 of the board to be its chairperson who shall:
10 (1) Direct the operations of the board and fulfill the
11 functions established by this chapter.
12 (2) Secure the effective application of the probation
13 system in all of the courts of this Commonwealth and the
14 enforcement of the probation laws.
15 (3) Preside at all meetings of the board.
16 (4) Perform all the duties and functions of chairperson,
17 including organizing, staffing, controlling, directing and
18 administering the work of the staff.
19 (b) Alternate chairperson.--The board may designate one of
20 its members to act as alternate chairperson during the absence
21 or incapacity of the chairperson and, when so acting, the member
22 so designated shall have and perform all the powers and duties
23 of chairperson of the board, but shall not receive any
24 additional compensation for acting as chairperson.
25 (c) Subject to board policies and procedures.--The
26 chairperson and alternate chairperson, in performing the duties
27 of that office as they relate to parole, reparole and violation
28 and revocation proceedings, shall act in accordance with the
29 policies and procedures established by the board.
30 § 6112 6113. Board action. <--
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1 (a) Quorum.--
2 (1) A majority of the board shall constitute a quorum
3 for transacting business and, except as otherwise provided in
4 this chapter, a majority vote of those present at any meeting
5 shall be sufficient for any official action taken by the
6 board.
7 (2) Except as provided in subsections (b), (c) and (d),
8 no person shall be paroled or discharged from parole or have
9 his parole revoked, except by a majority of the entire
10 membership of the board.
11 (b) Panel decisions.--The board may make decisions on
12 parole, reparole, return or revocation in panels of two persons.
13 A panel shall consist of one board member and one hearing
14 examiner or of two board members. Panels shall be appointed by
15 the chairperson or the chairperson's designee.
16 (c) Disagreement within panel.--
17 (1) If there is disagreement on a decision to parole
18 between the members of a panel, the matter shall be decided
19 by a board member appointed by the chairperson or the
20 chairperson's designee, who shall concur with one of the
21 original panel members.
22 (2) If there is disagreement on a revocation decision
23 between the members of the panel, the matter shall be decided
24 by three board members appointed by the chairperson or the
25 chairperson's designee; at least two of these members must
26 not have been on the disagreeing panel, if practicable.
27 (d) Appeal.--
28 (1) An interested party may appeal a revocation decision
29 within 30 days of the board's order. The decision shall be
30 reviewed by three board members appointed by the chairperson
20050S0506B1798 - 159 -
1 or the chairperson's designee.
2 (2) If practicable, at least two of the board members
3 reviewing the decision must not have been on the panel whose
4 decision is being appealed. The three board members deciding
5 the appeal may affirm, reverse or remand the decision of the
6 panel or may order the matter be heard de novo.
7 § 6113 6114. Salaries of board members. <--
8 The Executive Board shall determine the salaries to be paid
9 to the members of the board.
10 § 6114 6115. Incompatible offices and removal. <--
11 (a) General rule.--The members of the board shall not hold
12 any other public office or employment nor engage in any
13 business, profession or employment during their terms of service
14 as members thereof and shall hold their offices during the terms
15 for which they shall have been appointed.
16 (b) Procedure for removal.--
17 (1) A member of the board may be removed by the
18 Governor, by and with the advice and consent of two-thirds of
19 the members of the Senate.
20 (2) During a recess of the Senate, the Governor may
21 suspend a member of the board for cause, and before
22 suspension the Governor shall furnish to the member a
23 statement in writing of the reasons for the proposed
24 suspension of the member. The suspension shall operate and be
25 effective only until the adjournment of the next session of
26 the Senate following the suspension.
27 § 6115 6116. Meetings. <--
28 (a) General rule.--As soon as may be convenient after their
29 appointment, the members of the board shall meet and organize.
30 (b) Appointment of secretary.--The members of the board
20050S0506B1798 - 160 -
1 shall appoint a secretary, who:
2 (1) Shall not be a member of the board.
3 (2) Shall hold office at the pleasure of the board.
4 (3) Shall have such powers and perform such duties not
5 inconsistent with any law of this Commonwealth as the board
6 shall prescribe.
7 (4) Shall receive such compensation as the board shall
8 determine in conformity with the rules of the Executive
9 Board.
10 (c) Temporary secretary.--In the absence or incapacity of
11 the secretary to act, the board may designate such other person
12 as it may choose to perform temporarily the duties of secretary.
13 § 6116 6117. Official seal. <--
14 The board shall adopt an official seal by which its acts and
15 proceedings shall be authenticated and of which the courts shall
16 take judicial notice. The certificate of the chairperson of the
17 board, under the seal of the board and attested by the
18 secretary, shall be accepted in evidence in any judicial
19 proceeding in any court of this Commonwealth as adequate and
20 sufficient proof of the acts and proceedings of the board
21 referenced in the certificate.
22 § 6117 6118. Offices. <--
23 (a) Principal office.--The principal office of the board
24 shall be in Harrisburg, and the board shall appoint and employ
25 such number and character of officers, agents, clerks,
26 stenographers and employees as may be necessary to carry out the
27 purposes of this chapter. The salaries of persons so appointed
28 and employed by the board shall be fixed by the board.
29 (b) District offices.--The board, with the approval of the
30 Governor, shall divide the Commonwealth for administrative
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1 purposes into a suitable number of districts, not to exceed ten,
2 in each of which shall be a district office which shall have
3 immediate charge of the supervision of cases of probation and
4 parole arising in the courts of the judicial districts embraced
5 within its territorial limits, but, as occasion may require, the
6 supervision of particular parolees may be transferred by the
7 board to other appropriate parole districts.
8 (c) Location of district offices.--
9 (1) The board shall fix and determine the location of
10 the various district offices within their respective
11 districts, having regard to local conditions in each district
12 and to the most convenient and efficient functioning of the
13 office established in each district.
14 (2) At each of the locations so fixed and determined,
15 the board shall provide such office accommodations,
16 furniture, equipment and supplies as may be reasonably
17 suitable and adequate for the proper handling and dispatch of
18 the parole business of the district.
19 (3) The board may enter into contracts on behalf of the
20 Commonwealth for such office accommodations, furniture,
21 equipment and supplies through the Department of General
22 Services.
23 (d) Consideration for fixing compensation.--In fixing
24 compensation for its officers, clerks and employees under the
25 provisions of this chapter, the board shall have regard to the
26 kind, grade or class of service to be rendered, and whenever any
27 standard compensation has been fixed by the Executive Board for
28 any kind, grade or class of service or employment, the
29 compensation of all persons appointed or employed by the board
30 in the same kind, grade or class shall be fixed by it in
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1 accordance with such standard.
2 § 6118 6119. District directors. <--
3 (a) Establishment.--Each district parole office shall be in
4 charge of a district director who:
5 (1) Shall be appointed by the board, with the approval
6 of the Governor.
7 (2) Shall receive such annual salary as the board shall
8 determine in conformity with the rules of the Executive
9 Board.
10 (b) Status and role.--The district director shall be the
11 executive head of the district office to which the district
12 supervisor is appointed and shall have the control, management
13 and direction of all employees of the board assigned to the
14 district, subject to the supervision of the board.
15 § 6119 6120. District office employees. <--
16 (a) Board to appoint.--The board shall appoint in the
17 various district offices a sufficient number of parole officers,
18 clerks, stenographers and other agents and employees to fully
19 and efficiently administer the parole laws of this Commonwealth,
20 but no employee of the board, other than its secretary and
21 district supervisors, shall be appointed by the board except in
22 the manner provided by this chapter.
23 (b) Salaries and qualifications.--The salaries of the
24 appointees in subsection (a) shall be fixed by the board. The
25 board shall from time to time by appropriate rule or regulation
26 prescribe the qualifications to be possessed by its personnel.
27 The qualifications shall be such as will best promote the
28 efficient operation of probation and parole.
29 § 6120 6121. Disciplinary action. <--
30 (a) General rule.--Except as otherwise provided in
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1 subsection (b), an employee of the board, excluding the
2 secretary and district supervisors, may be removed, discharged
3 or reduced in pay or position only for cause and after being
4 given the reasons therefor in writing and afforded an
5 opportunity to be heard in answer thereto.
6 (b) Exception.--An employee may be suspended without pay and
7 without hearing for a period not exceeding 30 days, but the
8 reason or reasons for the suspension must be given to the
9 employee by the board in writing.
10 (c) Successive suspensions.--There shall not be any
11 successive suspensions of the same employee under this section.
12 § 6121 6122. Political activities. <--
13 (a) General rule.--No member of the board, or officer, clerk
14 or employee thereof, or any person officially connected with the
15 board:
16 (1) Shall take any active part in politics or be a
17 member of or delegate or alternate to any political
18 convention or be present at such convention, except in the
19 performance of that person's official duties under this
20 chapter.
21 (2) Shall serve as a member of or attend the meetings of
22 any committee of any political party, or take any part in
23 political management or political campaigns, or use that
24 person's office to influence political movements, or to
25 influence the action of any other officer, clerk or employee
26 of the board.
27 (3) Shall in any way or manner interfere with or
28 participate in the conduct of any election or the preparation
29 therefor at the polling place, or with the election officers
30 while counting the votes or returning the ballot boxes,
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1 books, papers, election paraphernalia and machinery to the
2 place provided by law, or be within any polling place, except
3 for the purpose of voting as speedily as it reasonably can be
4 done or be otherwise within 50 feet or any polling place,
5 except for purposes of ordinary travel or residence during
6 the period of time beginning with one hour preceding the
7 opening of the polls for holding the election and ending with
8 the time when the election officers shall have finished
9 counting the votes and have left the polling place.
10 (4) Shall directly or indirectly make or give, demand or
11 solicit or be in any manner concerned in making, giving,
12 demanding, soliciting or receiving any assessments,
13 subscriptions or contributions, whether voluntary or
14 involuntary, to any political party or for any political
15 purpose whatsoever.
16 (b) Penalty.--Any person who violates any of the provisions
17 of this section:
18 (1) Commits a misdemeanor of the third degree, and, upon
19 conviction thereof, shall be punished by a fine not exceeding
20 $500 and imprisonment not exceeding one year, or both.
21 (2) Shall forfeit that person's office or employment, as
22 the case may be.
23 (3) Shall not thereafter be appointed or employed by the
24 board in any position or capacity whatsoever.
25 (c) Dismissal required.--The board shall dismiss any
26 officer, clerk or employee thereof who shall violate this
27 section from that person's office or employment.
28 § 6122 6123. Advisory committee. <--
29 (a) Establishment.--An advisory committee on probation is
30 reestablished to assist the board.
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1 (b) Composition.--The advisory committee shall consist of
2 nine members, seven of whom shall be appointed by the Governor,
3 with the consent of a majority of the members of the Senate. At
4 least two shall be judges of courts of record of this
5 Commonwealth, at least one shall be a county commissioner, at
6 least one shall be a chief county probation officer, and the
7 remaining members shall be qualified in the field of probation
8 and parole either by training or experience. The President pro
9 tempore of the Senate and the Speaker of the House of
10 Representatives shall each appoint a member of their respective
11 houses to serve as members of the committee.
12 (c) Terms.--
13 (1) The term of a member hereafter appointed, except to
14 fill a vacancy, shall be for four years and until their
15 successors have been appointed and qualified, but in no event
16 more than 90 days beyond the expiration of their appointed
17 term.
18 (2) The terms of members of the committee who are
19 appointed by virtue of holding an office as a member of the
20 General Assembly, judge or county commissioner shall continue
21 only so long as that person remains in that office.
22 (3) Vacancies occurring in an office of a member of the
23 advisory committee by expiration of term, death, resignation,
24 removal or for any other reason shall be filled in the manner
25 provided by section 8 of Article IV of the Constitution of
26 Pennsylvania for the remainder of the term.
27 (4) Whenever the term of an advisory committee member,
28 other than one who is a member of the General Assembly,
29 expires, that member's position shall be immediately deemed a
30 vacancy, and the Governor shall nominate a person to fill
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1 that membership position on the committee within 90 days of
2 the date of expiration, even if the member continues to
3 remain on the committee. The Governor shall designate one of
4 the members of the committee as its chairperson.
5 (d) Reimbursement of expenses.--Each member of the advisory
6 committee shall be paid all reasonable and necessary travel and
7 other expenses incurred by him in the performance of his duties.
8 (e) Assistance to be provided.--The advisory committee shall
9 aid the chairperson and the board in formulating and reviewing
10 standards for probation personnel and probation services in the
11 counties.
12 SUBCHAPTER C
13 POWERS AND DUTIES
14 Sec.
15 6131. General powers of board.
16 6132. Specific powers of board involving parolees.
17 6133. Probation services.
18 6134. Sentencing court to transmit records to board.
19 6135. Investigation of circumstances of offense.
20 6136. Right of access to inmates.
21 6137. Parole power.
22 6138. Violation of terms of parole.
23 6139. Parole procedure.
24 6140. Victim statements, testimony and participation in
25 hearing.
26 6141. General rules and special regulations.
27 § 6131. General powers of board.
28 (a) General rule.--The board shall have the power and its
29 duty shall be:
30 (1) To supervise and make presentence investigations and
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1 reports as provided by law.
2 (2) To collect and maintain copies of all presentence
3 investigations and reports.
4 (3) To collect and maintain a record of all persons who
5 are placed on probation and parole.
6 (4) To collect, compile and publish statistical and
7 other information relating to probation and parole work in
8 all courts and such other information the board may deem of
9 value in probation service.
10 (5) To establish, by regulation, uniform Statewide
11 standards for:
12 (i) Presentence investigations.
13 (ii) The supervision of probationers.
14 (iii) The qualifications for probation personnel.
15 (iv) Minimum salaries.
16 (v) Quality of probation service.
17 The standards for the qualifications of probation personnel
18 shall only apply to probation personnel appointed after the
19 date the standards are established. Should any probation
20 personnel appointed prior to the date the standards were
21 established fail to meet the standards, the court having
22 jurisdiction of such personnel may request the board to
23 establish in-service training for them in accordance with the
24 standards.
25 (6) To adopt regulations establishing specific
26 composition, functions and responsibilities for citizens
27 advisory committees and to receive reports, recommendations
28 or other input concerning parole policies and parole-related
29 concerns from the committees on a regular basis.
30 (7) To adopt regulations establishing criteria for board
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1 acceptance of cases for supervision and presentence
2 investigations from counties that on December 31, 1985,
3 maintained adult probation offices and parole systems.
4 (8) To enter into contracts for purchasing community
5 services to assist parolees and to supplement existing
6 programs.
7 (9) To pay the cost of preparole drug screening tests
8 for inmates within the parole release jurisdiction of the
9 board, who are confined in a State or local correctional
10 facility, as required under section 6137 (relating to parole
11 power).
12 (10) To enter into contracts which provide for the
13 continuous electronic monitoring of parolees.
14 (11) To establish and provide for intensive supervision
15 units and day reporting centers for the supervision of
16 parolees.
17 (b) Court-appointed probation officers to submit information
18 to board.--A court that appoints a probation officer shall
19 require the probation officer to submit to the board such
20 information as the board may require on forms prescribed and
21 furnished by the board.
22 (c) Access to county records.--The board shall have free and
23 ready access to all probation and parole records of any county.
24 § 6132. Specific powers of board involving parolees.
25 (a) General rule.--The board shall have exclusive power:
26 (1) (i) To parole and reparole, commit and recommit for
27 violations of parole and to discharge from parole all
28 persons sentenced by any court at any time to
29 imprisonment in a correctional facility.
30 (ii) This paragraph applies to inmates sentenced to
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1 definite or flat sentences.
2 (2) (i) To supervise any person placed on parole, when
3 sentenced to a maximum period of less than two years, by
4 any judge of a court having criminal jurisdiction, when
5 the court may by special order direct supervision by the
6 board, in which case the parole case shall be known as a
7 special case and the authority of the board with regard
8 thereto shall be the same as provided in this chapter
9 with regard to parole cases within one of the
10 classifications set forth in this chapter.
11 (ii) Except for such special cases, the powers and
12 duties conferred by this section shall not extend to
13 persons sentenced for a maximum period of less than two
14 years.
15 (b) Construction.--Nothing contained in this section shall
16 be construed to prevent a court from paroling any person
17 sentenced by it for a maximum period of less than two years.
18 (c) Definition.--As used in this section, "period of two
19 years" means the entire continuous term of sentence to which a
20 person is subject, whether for one or more sentences, either to
21 simple imprisonment or to an indeterminate imprisonment as
22 authorized by law to be imposed for criminal offenses.
23 § 6133. Probation services.
24 (a) General rule.--The board shall have exclusive power to
25 supervise any person placed on probation by any judge of a court
26 having criminal jurisdiction, when the court by special order
27 directs supervision by the board.
28 (b) Presentence investigations.--The board shall make
29 presentence investigations when requested to do so by the court.
30 (c) Grant-in-aid.--
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1 (1) A county that provides additional probation staff
2 for presentence investigations and improved probation
3 supervision and program shall receive a grant-in-aid from the
4 Commonwealth through the board for additional cost incurred
5 thereby but only to the extent that the additional staff and
6 program meet the qualifications and standards established by
7 the board.
8 (2) The grant-in-aid shall provide 80% of the personnel
9 salary costs incurred by a county to administer these
10 additional services and programs.
11 (3) If insufficient funds are appropriated, each county
12 shall receive a prorated reduction in the grant-in-aid.
13 (4) The board shall establish rules and regulations for
14 the allocation of funds available for such grants-in-aid.
15 (d) In-service training.--The board shall provide in-service
16 training for personnel of county probation offices when
17 requested to do so by the court having jurisdiction of the
18 probation office.
19 § 6134. Sentencing court to transmit records to board.
20 (a) Duty to transmit.--A court sentencing any person for a
21 term as to which power to parole is given to the board in this
22 chapter shall transmit to the board, within 30 days after the
23 imposition of the sentence:
24 (1) A copy of the notes of testimony of the sentencing
25 hearing that may have been filed of record in the case.
26 (2) Copies of any criminal identification records
27 secured from the Federal Bureau of Investigation.
28 (3) Copies of presentence investigation reports and
29 behavior clinic reports, if any were submitted to the court,
30 the last two of which records, being confidential records of
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1 the court, shall be treated confidentially by the members of
2 the board, who shall not permit examination of the records by
3 anyone other than its duly appointed agents or
4 representatives except upon court order.
5 (b) Recommendations from judge.--
6 (1) A judge may make at any time a recommendation to the
7 board respecting the person sentenced and the term of
8 imprisonment the judge believes that person should be
9 required to serve before a parole is granted to that person.
10 (2) A recommendation made by a judge under paragraph (1)
11 respecting the parole or terms of parole of a person shall be
12 advisory only. No order in respect to the recommendation made
13 or attempted to be made as a part of a sentence shall be
14 binding upon the board in performing the duties and functions
15 conferred on it by this chapter.
16 § 6135. Investigation of circumstances of offense.
17 (a) Duty to investigate.--The board, on the commitment to a
18 correctional facility of any person whom the board is given the
19 power to parole under this chapter, shall consider:
20 (1) The nature and circumstances of the offense
21 committed.
22 (2) Any recommendations made by the trial judge and
23 prosecuting attorney.
24 (3) The general character and background of the inmate.
25 (4) Participation by an inmate sentenced after February
26 19, 1999, and who is serving a sentence for a crime of
27 violence as defined in 42 Pa.C.S. § 9714(g) (relating to
28 sentences for second and subsequent offenses) in a victim
29 impact education program offered by the Department of
30 Corrections.
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1 (5) The written or personal statement of the testimony
2 of the victim or the victim's family submitted pursuant to
3 section 6140 (relating to victim statements, testimony and
4 participation in hearing).
5 (6) The notes of testimony of the sentencing hearing, if
6 any, together with such additional information regarding the
7 nature and circumstances of the offense committed for which
8 sentence was imposed as may be available.
9 (7) The conduct of the person while in prison and his
10 physical, mental and behavior condition and history, his
11 history of family violence and his complete criminal record.
12 (b) Cooperation of public officials.--A public official who
13 possesses such records or information shall furnish the records
14 or information to the board upon its request and without charge
15 so far as may be practicable while the case is recent.
16 § 6136. Right of access to inmates.
17 All prison officials shall:
18 (1) At all reasonable times grant access to any inmate
19 whom the board has power to parole to the members of the
20 board or its properly accredited representatives.
21 (2) At all reasonable times provide for the board or its
22 properly accredited representative facilities for
23 communicating with and observing an inmate while imprisoned.
24 (3) Furnish to the board from time to time such reports
25 concerning the conduct of inmates in their custody as the
26 board shall by general rule or special order require,
27 together with any other facts deemed pertinent in aiding the
28 board to determine whether such inmates shall be paroled.
29 § 6137. Parole power.
30 (a) General criteria for parole.--
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1 (1) The board may release on parole any inmate to whom
2 the power to parole is granted to the board by this chapter,
3 except an inmate condemned to death or serving life
4 imprisonment, whenever in its opinion:
5 (i) The best interests of the inmate justify or
6 require the inmate being paroled.
7 (ii) It does not appear that the interests of the
8 Commonwealth will be injured by the inmate being paroled.
9 (2) Parole shall be subject in every instance to the
10 Commonwealth's right to immediately retake and hold in
11 custody without further proceedings any parolee charged after
12 his parole with an additional offense until a determination
13 can be made whether to continue his parole status.
14 (3) The power to parole granted under this section to
15 the board may not be exercised in the board's discretion at
16 any time before, but only after, the expiration of the
17 minimum term of imprisonment fixed by the court in its
18 sentence or by the Board of Pardons in a sentence which has
19 been reduced by commutation.
20 (4) In no case shall the board act upon an application
21 of an inmate:
22 (i) whose term of imprisonment was commuted from
23 life to life on parole;
24 (ii) who was serving a term of imprisonment for a
25 crime of violence; or
26 (iii) who is serving a sentence under 42 Pa.C.S. §
27 9712 (relating to sentences for offenses committed with
28 firearms) unless the inmate has served at least one year
29 in a prerelease center.
30 (5) Upon parole, a parolee subject to paragraph (3)
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1 shall be subject to weekly supervision for the first six
2 months of parole.
3 (b) Preparole drug screening tests.--
4 (1) The board may not release a person on parole unless
5 the person achieves a negative result within 45 days prior to
6 the date of release in a screening test approved by the
7 Department of Health for the detection of the presence of
8 controlled substances or designer drugs under the act of
9 April 14, 1972 (P.L.233, No.64), known as The Controlled
10 Substance, Drug, Device and Cosmetic Act.
11 (2) The cost of these preparole drug screening tests for
12 inmates subject to the parole release jurisdiction of the
13 board, whether confined in a correctional institution or
14 county prison, shall be paid by the board. The board shall
15 establish rules and regulations for the payment of these
16 costs and may limit the types and cost of these screening
17 tests that would be subject to payment by the board.
18 (3) (i) The board shall establish, as a condition of
19 continued parole for a parolee who, as an inmate, tested
20 positive for the presence of a controlled substance or a
21 designer drug or who was paroled from a sentence arising
22 from a conviction under The Controlled Substance, Drug,
23 Device and Cosmetic Act or from a drug-related crime, the
24 parolee's achievement of negative results in such
25 screening tests randomly applied.
26 (ii) The random screening tests shall be performed
27 at the discretion of the board, and the parolee
28 undergoing the tests shall be responsible for the costs
29 of the tests.
30 (iii) The funds collected for the tests shall be
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1 applied against the contract for such testing between the
2 board and a testing laboratory approved by the Department
3 of Health.
4 (c) Crimes of violence.--The board may not release a person
5 who is sentenced after February 19, 1999, and is serving a
6 sentence for a crime of violence as defined in 42 Pa.C.S. §
7 9714(g) (relating to sentences for second and subsequent
8 offenses) on parole unless the person has received instruction
9 from the Department of Corrections on the impact of crime on
10 victims and the community.
11 (d) Power to recommit.--The board may, during the period for
12 which an inmate shall have been sentenced, recommit the inmate,
13 if paroled, for violation of the terms and conditions of his
14 parole and from time to time to reparole and recommit in the
15 same manner and with the same procedure as in the case of an
16 original parole or recommitment if, in the judgment of the
17 board:
18 (1) There is a reasonable probability that the inmate
19 will be benefited by paroling the inmate again.
20 (2) It does not appear that the interests of the
21 Commonwealth will be injured thereby.
22 (e) Notice to county probation department.--When the board
23 releases a parolee from a correctional facility, the board shall
24 provide written notice to the probation department located in
25 the county where the sentencing order was imposed of the release
26 and new address of the parolee.
27 § 6138. Violation of terms of parole.
28 (a) Convicted violators.--
29 (1) A parolee under the jurisdiction of the board
30 released from a correctional facility who, during the period
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1 of parole or while delinquent on parole, commits a crime
2 punishable by imprisonment, for which the parolee is
3 convicted or found guilty by a judge or jury or to which the
4 parolee pleads guilty or nolo contendere at any time
5 thereafter in a court of record, may at the discretion of the
6 board be recommitted as a parole violator.
7 (2) If the parolee's recommitment is so ordered, the
8 parolee shall be reentered to serve the remainder of the term
9 which the parolee would have been compelled to serve had the
10 parole not been granted and shall be given no credit for the
11 time at liberty on parole.
12 (3) The board may, in its discretion, reparole whenever,
13 in its opinion, the best interests of the inmate justify or
14 require the inmate's release on parole and it does not appear
15 that the interests of the Commonwealth will be injured
16 thereby.
17 (4) The period of time for which the parole violator is
18 required to serve shall be computed from and begin on the
19 date that the parole violator is taken into custody to be
20 returned to the institution as a parole violator.
21 (5) If a new sentence is imposed on the parolee, the
22 service of the balance of the term originally imposed shall
23 precede the commencement of the new term imposed in the
24 following cases:
25 (i) If a person is paroled from a State correctional
26 institution and the new sentence imposed on the person is
27 to be served in the State correctional institution.
28 (ii) If a person is paroled from a county prison and
29 the new sentence imposed upon him is to be served in the
30 same county prison.
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1 (iii) In all other cases, the service of the new
2 term for the latter crime shall precede commencement of
3 the balance of the term originally imposed.
4 (6) Where the new term is to be served last or the
5 balance of the term originally imposed is to be served last,
6 and the service is, in either case, in any correctional
7 facility:
8 (i) Any person upon recommitment shall be sent to
9 that institution as shall be designated by the Secretary
10 of Corrections or his designee.
11 (ii) Any female person shall be recommitted to the
12 State Correctional Institution at Muncy.
13 (b) Subsequent arrest.--
14 (1) The formal filing of a charge after parole against a
15 parolee within this Commonwealth for any violation of the
16 laws of this Commonwealth shall constitute an automatic
17 detainer and permit the parolee to be taken into and held in
18 custody.
19 (2) The automatic detainer shall dissolve 15 days after
20 the parolee is taken into custody unless sooner waived or
21 otherwise superseded by direction of the supervising parole
22 office.
23 (3) The automatic detainer shall be in addition to and
24 not in lieu of any other detainer that prior to the effective
25 date of this chapter may have been lodged in such
26 circumstances.
27 (c) Technical violators.--
28 (1) A parolee under the jurisdiction of the board who is
29 released from a correctional facility and who, during the
30 period of parole, violates the terms and conditions of his
20050S0506B1798 - 178 -
1 parole, other than by the commission of a new crime of which
2 the parolee is convicted or found guilty by a judge or jury
3 or to which the parolee pleads guilty or nolo contendere in a
4 court of record, may be recommitted after a hearing before
5 the board.
6 (2) If the parolee is so recommitted, the parolee shall
7 be given credit for the time served on parole in good
8 standing but with no credit for delinquent time and may be
9 reentered to serve the remainder of the original sentence or
10 sentences.
11 (3) The remainder shall be computed by the board from
12 the time the parolee's delinquent conduct occurred for the
13 unexpired period of the maximum sentence imposed by the court
14 without credit for the period the parolee was delinquent on
15 parole. The parolee shall serve the remainder so computed
16 from the date the parolee is taken into custody on the
17 warrant of the board.
18 (4) The parolee shall be subject to reparole by the
19 board whenever in its opinion the best interests of the
20 inmate justify or require the parolee being reparoled and it
21 does not appear that the interests of the Commonwealth will
22 be injured reparoling the parolee.
23 (d) Recommitment.--A technical violator under subsection (c)
24 shall be recommitted to a correctional facility for service of
25 the balance of the term originally imposed as follows:
26 (1) If paroled from a county prison, to the same
27 institution or to any other institution to which legally
28 transferred.
29 (2) If paroled from the State Correctional Institution
30 at Camp Hill and on recommitment the person has not attained
20050S0506B1798 - 179 -
1 21 years of age, to the same institution.
2 (3) If paroled from the State Correctional Institution
3 at Muncy, to the same institution.
4 (4) If paroled from any other State correctional
5 institution, to the nearest correctional diagnostic and
6 classification center wherein the person shall be classified
7 for service of the balance of the term in the institution as
8 shall be designated by the Secretary of Corrections or his
9 designee.
10 § 6139. Parole procedure.
11 (a) Specific requirements.--
12 (1) The board may, subject to the provisions and
13 limitations set forth in section 6138 (relating to violation
14 of terms of parole), grant paroles of its own motion whenever
15 in its judgment the interests of justice require the granting
16 of these paroles.
17 (2) The board shall consider applications for parole by
18 an inmate or the inmate's attorney.
19 (3) Notwithstanding the provisions of paragraph (2), the
20 board shall not be required to consider nor dispose of an
21 application by an inmate or an inmate's attorney where a
22 parole decision has been issued by the board on that case
23 within one year of the date of the current application for
24 parole.
25 (4) Hearings of applications shall be held by the board
26 whenever in its judgment hearings are necessary. Reasonable
27 rules and regulations shall be adopted by the board for the
28 presentation and hearing of applications for parole.
29 (5) Whenever an inmate is paroled by the board, whether
30 of its own motion or after hearing of an application for
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1 parole, or whenever an application for parole is refused by
2 the board, a brief statement of the reasons for the board's
3 action shall be filed of record in the offices of the board
4 and shall be at all reasonable times open to public
5 inspection.
6 (6) In no case shall a parole be granted, or an
7 application for parole be dismissed, unless a board member,
8 hearing examiner or other person so designated by the board
9 shall have seen and heard the parolee in person in regard
10 thereto within six months prior to the granting or dismissal
11 thereof.
12 (7) The board shall dispose of the application within
13 six months of its filing.
14 (b) Reliance on reports.--In granting and revoking paroles,
15 and in discharging from parole, the members of the board acting
16 thereon shall not be required to personally hear or see all the
17 witnesses and evidence submitted to them for their action, but
18 they may act on the report submitted to them by their agents and
19 employees, together with any pertinent and adequate information
20 furnished to them by fellow members of the board or by others.
21 (c) Notice to district attorney.--At least ten days before
22 paroling an inmate on its own motion, the board shall give
23 written notice of the contemplated parole to the district
24 attorney of the county in which the inmate was sentenced, and,
25 in cases of hearings on applications for parole as provided for
26 in this section, at least ten days' written notice of the time
27 and place fixed for such hearing shall be given either by the
28 board or by the applicant, as the board shall direct, to the
29 court and district attorney of the county in which the applicant
30 was sentenced.
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1 § 6140. Victim statements, testimony and participation in
2 hearing.
3 (a) Duty of district attorney to provide notice.--
4 (1) The victim of the offense for which an inmate is
5 sentenced shall be notified by the district attorney
6 immediately following sentencing, in cases where the
7 defendant has been sentenced to a term of imprisonment, that
8 the victim or family member shall have the opportunity to
9 present a statement for the parole report to be considered at
10 the parole hearing or to testify to the parole board
11 expressing his opinion concerning the release of the inmate.
12 (2) The district attorney shall provide notice to a
13 member of the immediate family of the victim if the victim:
14 (i) is a juvenile;
15 (ii) is incapable of testifying; or
16 (iii) died as a result of the defendant's conduct.
17 (b) Notice of intent to submit statement.--In order to
18 submit a statement under subsection (a), a victim or family
19 member must notify the board of his intention to do so and
20 provide and keep current an appropriate mailing address with the
21 board.
22 (c) Contents of parole report.--The parole report may
23 include a statement concerning:
24 (1) The continuing nature and extent of any physical
25 harm or psychological or emotional harm or trauma suffered by
26 the victim.
27 (2) The extent of any loss of earnings or ability to
28 work suffered by the victim.
29 (3) The continuing effect of the crime upon the victim's
30 family.
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1 (d) Notice to persons who previously contacted the board.--
2 (1) At the time public notice is given that an inmate is
3 being considered for parole pursuant to this section, the
4 board shall also notify any victim or nearest relative who
5 has previously contacted the board of the availability to
6 provide a statement for inclusion in the parole report or to
7 present testimony for inclusion at the parole hearing.
8 (2) The board shall notify the person identified under
9 paragraph (1) at the person's last known mailing address. The
10 notification required by this section shall be given by the
11 board in the case of a parole to be granted pursuant to
12 section 6139 (relating to parole procedure) or by the court
13 in the case of a parole to be granted pursuant to section
14 6133 (relating to probation services).
15 (e) Notice of intent to present testimony.--The victim or
16 family member shall notify the board within 30 days from the
17 date of the notice of his intent to present testimony at the
18 parole hearing. This time period may be waived by the board for
19 good cause.
20 (f) Referral to hearing officer.--If the victim or family
21 member submits a written statement to the board subsequent to
22 notice, the statement shall be made a part of the board's file
23 on the inmate, and the inmate's case shall be referred to a
24 hearing officer designated to conduct parole release hearings.
25 (g) Assignment to hearing examiner.--If the victim or family
26 member informs the board subsequent to notice being provided
27 that the person intends to testify, the chairperson shall assign
28 the inmate's case to a hearing examiner for the purpose of
29 receiving the person's testimony.
30 (h) Hearing procedure.--
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1 (1) The assigned hearing examiner shall conduct a
2 hearing within 30 days from the date the board received
3 notification of the intent to offer testimony.
4 (2) The hearing shall be conducted at a time and place
5 and on a date determined by the chairperson or designee.
6 Notice of the time, place and date of the hearing shall be
7 provided to the victim or family member, in writing, and
8 shall be mailed at least ten days prior to the hearing date.
9 (3) The hearing shall be recorded by an electronic
10 recording device.
11 (4) The hearing examiner shall prepare a written report
12 within a reasonable amount of time prior to the hearing date.
13 A copy of the report shall be forwarded to the person
14 offering testimony. A copy of the report shall be made a part
15 of the board's file on the inmate.
16 (5) Upon completion of the written report, the inmate's
17 case shall be referred to a hearing examiner designated to
18 conduct parole release hearings.
19 (6) (i) The hearing scheduled pursuant to this section
20 shall be conducted, when possible, prior to a parole
21 release hearing and prior to the board rendering a
22 decision.
23 (ii) Nothing in this section shall be construed to
24 preclude the board from conducting a timely parole
25 release hearing.
26 (7) After submission of the report, the board shall
27 within a reasonable amount of time:
28 (i) Evaluate the information provided.
29 (ii) Determine whether the decision shall be
30 affirmed or modified.
20050S0506B1798 - 184 -
1 (iii) Determine whether a rescission hearing shall
2 be conducted.
3 (iv) Notify the inmate in writing of its decision.
4 (8) Any and all statements or testimony of the victim or
5 family member submitted to the board pertaining to:
6 (i) the continuing nature and extent of any physical
7 harm or psychological or emotional harm or trauma
8 suffered by the victim;
9 (ii) the extent of any loss of earnings or ability
10 to work suffered by the victim; and
11 (iii) the continuing effect of the crime upon the
12 victim's family shall not be deemed confidential and
13 shall be released to the inmate unless the withholding of
14 the statements or testimony is requested by the victim
15 and the hearing officer determines that the release of
16 the statements or testimony would endanger the safety of
17 the person providing the statements or testifying. The
18 board on its own motion may for good cause identify all
19 or part of the statements or testimony as confidential.
20 (9) All records maintained by the board pertaining to
21 victims shall be kept separate and current address
22 information of the victim or family members shall be deemed
23 confidential.
24 (10) A victim or the family member who has submitted a
25 written statement for the parole report or testified at a
26 hearing pursuant to this section shall be notified by the
27 board of the final decision rendered in the inmate's case.
28 (11) If the final decision is to not release the inmate
29 and if, subsequent to that decision, additional parole
30 release hearings are conducted for that same inmate, then the
20050S0506B1798 - 185 -
1 victim or family member who has submitted a written statement
2 for the parole report or who has testified at a hearing
3 pursuant to this section shall be notified by the board at
4 the last known address if and when additional parole hearings
5 are scheduled by the board.
6 § 6141. General rules and special regulations.
7 The board may make general rules for the conduct and
8 supervision of persons placed on parole and may, in particular
9 cases, as it deems necessary to effectuate the purpose of
10 parole, prescribe special regulations for particular persons.
11 SUBCHAPTER D
12 STATE PAROLE AGENTS
13 Sec.
14 6151. Definitions.
15 6152. Status as peace officers.
16 6153. Supervisory relationship to offenders.
17 § 6151. Definitions.
18 The following words and phrases when used in this subchapter
19 shall have the meanings given to them in this section unless the
20 context clearly indicates otherwise:
21 "Agent." A State parole agent appointed by the board.
22 "Conditions of supervision." Any terms or conditions of the
23 offender's supervision, whether imposed by the court, the board
24 or an agent, including compliance with all requirements of
25 Federal, State and local law.
26 "Contraband." Any item that the offender is not permitted to
27 possess under the conditions of supervision, including any item
28 whose possession is forbidden by any Federal, State or local
29 law.
30 "Court." The court of common pleas or any judge thereof, the
20050S0506B1798 - 186 -
1 Philadelphia Municipal Court or any judge thereof, the
2 Pittsburgh Magistrates Court or any judge thereof or any
3 magisterial district judge.
4 "Exigent circumstances." The term includes, but is not
5 limited to, suspicion that contraband or other evidence of
6 violations of the conditions of supervision might be destroyed
7 or suspicion that a weapon might be used. Exigent circumstances
8 always exist with respect to a vehicle.
9 "Offender." Any person subject to the parole or probationary
10 supervision of the board.
11 "Personal search." A warrantless search of an offender's
12 person, including, but not limited to, the offender's clothing
13 and any personal property which is in the possession, within the
14 reach or under the control of the offender.
15 "Property search." A warrantless search of real property,
16 vehicle or personal property which is in the possession or under
17 the control of the offender.
18 "Real property." Any residence or business property of an
19 offender, including all portions of the property to which the
20 offender has access.
21 "Supervisor." Any individual acting in a supervisory or
22 administrative capacity.
23 § 6152. Status as peace officers.
24 An agent is declared to be a peace officer and is given
25 police power and authority throughout this Commonwealth to
26 arrest without warrant, writ, rule or process any parolee or
27 probationer under the supervision of the board for failing to
28 report as required by the terms of his probation or parole or
29 for any other violation of the probation or parole.
30 § 6153. Supervisory relationship to offenders.
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1 (a) General rule.--Agents in a supervisory relationship with
2 their offenders. The purpose of this supervision is to assist
3 the offenders in their rehabilitation and reassimilation into
4 the community and to protect the public.
5 (b) Searches and seizures authorized.--
6 (1) Agents may search the person and property of
7 offenders in accordance with the provisions of this section.
8 (2) Nothing in this section shall be construed to permit
9 searches or seizures in violation of the Constitution of the
10 United States or section 8 of Article I of the Constitution
11 of Pennsylvania.
12 (c) Effect of violation.--No violation of this section shall
13 constitute an independent ground for suppression of evidence in
14 any probation or parole proceeding or criminal proceeding.
15 (d) Grounds for personal search of offender.--
16 (1) A personal search of an offender may be conducted by
17 an agent:
18 (i) if there is a reasonable suspicion to believe
19 that the offender possesses contraband or other evidence
20 of violations of the conditions of supervision;
21 (ii) when an offender is transported or taken into
22 custody; or
23 (iii) upon an offender entering or leaving the
24 securing enclosure of a correctional institution, jail or
25 detention facility.
26 (2) A property search may be conducted by an agent if
27 there is reasonable suspicion to believe that the real or
28 other property in the possession of or under the control of
29 the offender contains contraband or other evidence of
30 violations of the conditions of supervision.
20050S0506B1798 - 188 -
1 (3) Prior approval of a supervisor shall be obtained for
2 a property search absent exigent circumstances. No prior
3 approval shall be required for a personal search.
4 (4) A written report of every property search conducted
5 without prior approval shall be prepared by the agent who
6 conducted the search and filed in the offender's case record.
7 The exigent circumstances shall be stated in the report.
8 (5) The offender may be detained if he is present during
9 a property search. If the offender is not present during a
10 property search, the agent in charge of the search shall make
11 a reasonable effort to provide the offender with notice of
12 the search, including a list of the items seized, after the
13 search is completed.
14 (6) The existence of reasonable suspicion to search
15 shall be determined in accordance with constitutional search
16 and seizure provisions as applied by judicial decision. In
17 accordance with such case law, the following factors, where
18 applicable, may be taken into account:
19 (i) The observations of agents.
20 (ii) Information provided by others.
21 (iii) The activities of the offender.
22 (iv) Information provided by the offender.
23 (v) The experience of agents with the offender.
24 (vi) The experience of agents in similar
25 circumstances.
26 (vii) The prior criminal and supervisory history of
27 the offender.
28 (viii) The need to verify compliance with the
29 conditions of supervision.
30 (e) Nonresident offenders.--No agent shall conduct a
20050S0506B1798 - 189 -
1 personal or property search of an offender who is residing in a
2 foreign state except for the limited purposes permitted under
3 the Interstate Compact for the Supervision of Offenders and
4 Probationers. The offender is held accountable to the rules of
5 both the sending state and the receiving state. Any personal or
6 property search of an offender residing in another state shall
7 be conducted by an agent of the receiving state.
8 (f) When authority is effective.--The authority granted to
9 agents under this section shall be effective upon enactment of
10 this section, without the necessity of any further regulation by
11 the board.
12 CHAPTER 63
13 COUNTY PROBATION OFFICERS'
14 FIREARM EDUCATION AND TRAINING
15 Sec.
16 6301. Short title of chapter.
17 6302. Definitions.
18 6303. County Probation Officers' Firearm Education and
19 Training Commission.
20 6304. Commission membership.
21 6305. Powers and duties of commission.
22 6306. Training mandatory.
23 6307. Requirements for program participation or waiver.
24 6308. County Probation Officers' Firearm Education
25 and Training Fund.
26 6309. Applicability.
27 § 6301. Short title of chapter.
28 This chapter shall be known and may be cited as the County
29 Probation Officers' Firearm Education and Training Law.
30 § 6302. Definitions.
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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 "Board." The Pennsylvania Board of Probation and Parole.
5 "Certification." The assignment of a certification number to
6 a probation or parole officer after successful completion of a
7 mandatory basic training course or receipt of a waiver of basic
8 training from the County Probation Officers' Firearm Education
9 and Training Commission and successful completion of mandatory
10 training.
11 "Commission." The County Probation Officers' Firearm
12 Education and Training Commission.
13 "Fund." The County Probation Officers' Firearm Education and
14 Training Fund established under section 6308 (relating to County
15 Probation Officers' Firearm Education and Training Fund).
16 "Officer." A county probation or parole officer of this
17 Commonwealth.
18 "Program." The County Probation Officers' Firearm Education
19 and Training Program established in this chapter.
20 "School." A school currently approved by the Municipal
21 Police Officers' Education and Training Commission under 53
22 Pa.C.S. Ch. 21 Subch. D (relating to municipal police education
23 and training).
24 "Weapon-carrying officer." A county probation or parole
25 officer who is authorized to carry a weapon in connection with
26 performance of the duties of the officer's employment.
27 § 6303. County Probation Officers' Firearm Education and
28 Training Commission.
29 The County Probation Officers' Firearm Education and Training
30 Commission is established under the Pennsylvania Board of
20050S0506B1798 - 191 -
1 Probation and Parole. The commission shall establish within six
2 months following the appointment of commission members a County
3 Probation Officers' Firearm Education and Training Program to
4 provide firearm education and training in accordance with the
5 provisions of this chapter.
6 § 6304. Commission membership.
7 (a) Composition.--The commission shall be composed of the
8 chairman of the board and eight other members to be appointed by
9 the Governor:
10 (1) Three county adult probation officers who are full
11 members of the County Chief Adult Probation and Parole
12 Officers' Association of Pennsylvania, one of whom is a chief
13 adult probation officer from a county authorized to carry
14 firearms and two of whom are firearms instructors certified
15 as such by the National Rifle Association, the Pennsylvania
16 State Police or the Federal Bureau of Investigation.
17 (2) One member of the Pennsylvania Council of Chief
18 Juvenile Probation Officers.
19 (3) One representative of the Juvenile Court Judges'
20 Commission.
21 (4) One judge of a court of common pleas of a county
22 that employs officers who carry firearms.
23 (5) One director qualified under 53 Pa.C.S. Ch. 21
24 Subch. D (relating to municipal police education and
25 training).
26 (6) One county commissioner from a county which employs
27 officers who carry firearms.
28 (b) Terms.--Terms of the members initially appointed shall
29 be three members for one year, three members for two years and
30 three members for three years, as designated by the Governor at
20050S0506B1798 - 192 -
1 the time of appointment. Thereafter, terms shall be for three
2 years. Each member shall hold office until the expiration of the
3 term for which the member was selected or until the member's
4 earlier death, resignation or removal or until the member's
5 successor has been selected and qualified but in no event more
6 than six months beyond the expiration of the member's appointed
7 term.
8 (c) Vacancies.--A person appointed to fill a vacancy created
9 by other than expiration of a term shall be appointed for the
10 unexpired term of the member who that person is to succeed in
11 the same manner as the original appointment.
12 (d) Compensation.--The members of the commission shall serve
13 without compensation but shall be reimbursed the necessary and
14 actual expenses incurred in attending the meetings of the
15 commission and in the performance of their duties under this
16 chapter.
17 (e) Organization.--The commission shall elect from among its
18 members a chairperson and other officers who shall hold office
19 at the pleasure of the commission. The commission shall act only
20 with the concurrence of the majority.
21 (f) Meetings and quorum.--The commission shall meet at least
22 four times each year until the program is implemented.
23 Thereafter, the commission shall meet as may be necessary, but
24 at least once annually. Special meetings may be called by the
25 chairperson of the commission or upon written request of three
26 members. A quorum shall consist of four members of the
27 commission.
28 § 6305. Powers and duties of commission.
29 The powers and duties of the commission shall be as follows:
30 (1) To develop, establish and administer the minimum
20050S0506B1798 - 193 -
1 courses of study and training and competency standards for
2 firearm training for county probation officers, including an
3 initial curriculum of at least 40 hours and including the
4 firing of a qualification course.
5 (2) To revoke an officer's certification for failing to
6 comply with educational and training requirements established
7 by the commission.
8 (3) To approve or revoke the approval for the purposes
9 of this chapter of any school that may be utilized to comply
10 with the educational and training requirements as established
11 by the commission.
12 (4) To establish the minimum qualifications for
13 instructors, to approve or revoke the approval of any
14 instructor and to develop the requirements for continued
15 certification.
16 (5) To promote the most efficient and economical program
17 for training by utilizing existing facilities, programs and
18 qualified Federal, State and local police personnel.
19 (6) To make an annual report to the Governor and to the
20 General Assembly concerning:
21 (i) The administration of the program.
22 (ii) The activities of the commission, together with
23 any recommendations for executive or legislative actions.
24 (7) To require in accordance with this chapter county
25 probation officers to attend a minimum number of hours in in-
26 service training as provided for by regulation, unless the
27 officer's employer files a show-cause document with the
28 commission, requesting additional time for the officer to
29 comply with the in-service training requirements. Approval of
30 the request shall be made by the commission on a case-by-case
20050S0506B1798 - 194 -
1 basis.
2 (8) To appoint an administrative officer who shall serve
3 and be directly responsible to the commission.
4 (9) To consult and cooperate with universities,
5 colleges, community colleges and institutes for the
6 development of specialized courses for county probation and
7 parole officers.
8 (10) To consult and cooperate with departments and
9 agencies of this Commonwealth and other states and the
10 Federal Government concerned with county probation officer
11 training.
12 (11) To certify officers who have satisfactorily
13 completed basic educational and training requirements as
14 established by the commission and to issue appropriate
15 certificates to these officers.
16 (12) To visit and inspect approved schools at least once
17 every two years. This inspection requirement does not apply
18 where training is conducted locally at a satellite center
19 consisting of a classroom and shooting range.
20 (13) To make rules and regulations and to perform other
21 duties as may be reasonably necessary or appropriate to
22 implement the training program for county probation officers.
23 (14) To consider granting waivers of mandatory basic
24 training to county probation officers who have successfully
25 completed previous equivalent training.
26 (15) To maintain certifications and other records as
27 necessary.
28 (16) To issue reports to the president judges of the
29 courts of common pleas relating to compliance with this
30 chapter.
20050S0506B1798 - 195 -
1 § 6306. Training mandatory.
2 Within two years of the establishment of the County Probation
3 Officers' Firearm Education and Training Program and in
4 accordance with the provisions of this chapter, a county shall
5 provide for the training of any officer in its county probation
6 and parole department who carries a firearm. Following this two-
7 year period, a county shall provide that training and
8 certification requirements of this chapter are met prior to a
9 county probation officer being authorized to carry a firearm.
10 § 6307. Requirements for program participation or waiver.
11 In order to participate in the training program or be granted
12 a waiver of training requirements, at a minimum the officer
13 must:
14 (1) Be employed as a full-time county probation officer.
15 (2) Be a United States citizen.
16 (3) Not have been convicted of an offense graded a
17 misdemeanor of the first degree or greater or punishable by a
18 term of imprisonment of more than two years, unless in
19 possession of a waiver from the Bureau of Alcohol, Tobacco
20 and Firearms of the Department of the Treasury.
21 (4) Have had the officer's fingerprints submitted by the
22 officer's employer to the Pennsylvania State Police for the
23 purposes of a background investigation. The officer shall
24 have results of the investigation which indicate that the
25 requirements of paragraph (3) are met.
26 § 6308. County Probation Officers' Firearm Education and
27 Training Fund.
28 (a) Fund established.--The County Probation Officers'
29 Firearm Education and Training Fund is established as a
30 restricted receipts account within the General Fund. Moneys from
20050S0506B1798 - 196 -
1 the fund shall be used exclusively for the purposes described
2 under this section.
3 (b) Costs imposed.--
4 (1) A person who accepts Accelerated Rehabilitative
5 Disposition or pleads guilty or nolo contendere or is
6 convicted of a felony or misdemeanor shall, in addition to
7 any other court costs imposed under the laws of this
8 Commonwealth, be sentenced to pay costs of $5. Costs
9 collected by the clerk of courts under this subsection shall
10 be paid into the fund.
11 (2) Moneys in the fund shall be used to offset or pay
12 for:
13 (i) Training expenses.
14 (ii) Commission expenses.
15 (3) Disbursement and allocation of fund moneys shall be
16 at the discretion of the commission.
17 (c) Other moneys to be used.--In addition to payment of
18 training expenses as prescribed under subsection (b), training
19 expenses may also be paid out of the county offender supervision
20 fund under section 1102 of the act of November 24, 1998
21 (P.L.882, No.111), known as the Crime Victims Act, or any other
22 county fund.
23 (d) Juvenile probation officer participation.--In the event
24 that sufficient funds are not generated under the provisions of
25 subsection (b) to fully fund the costs of providing training to
26 juvenile probation officers, a training fee representing the
27 prorated share of the additional actual cost thereof shall be
28 payable by a participating juvenile probation officer's county
29 of employment.
30 § 6309. Applicability.
20050S0506B1798 - 197 -
1 This chapter shall apply to county juvenile probation, adult
2 probation officers only, and only such officers shall be
3 eligible for training under this chapter.
4 PART V
5 MISCELLANEOUS PROVISIONS
6 Chapter
7 71. Interstate Compacts
8 CHAPTER 71
9 INTERSTATE COMPACTS
10 Subchapter
11 A. Interstate Corrections Compact
12 B. Interstate Compact for the Supervision of Adult Offenders
13 C. Administrative Provisions
14 SUBCHAPTER A
15 INTERSTATE CORRECTIONS COMPACT
16 Sec.
17 7101. Short title of subchapter.
18 7102. Interstate Corrections Compact.
19 7103. Powers.
20 § 7101. Short title of subchapter.
21 This subchapter may be cited as the Interstate Corrections
22 Compact Act.
23 § 7102. Interstate Corrections Compact.
24 The Interstate Corrections Compact is hereby enacted into law
25 and entered into by this State with any other states legally
26 joining therein in the form substantially as follows:
27 INTERSTATE CORRECTIONS COMPACT
28 ARTICLE I
29 Purpose and Policy
30 The party states, desiring by common action to fully utilize
20050S0506B1798 - 198 -
1 and improve their institutional facilities and provide adequate
2 programs for the confinement, treatment and rehabilitation of
3 various types of offenders, declare that it is the policy of
4 each of the party states to provide such facilities and programs
5 on a basis of cooperation with one another, thereby serving the
6 best interests of such offenders and of society and effecting
7 economies in capital expenditures and operational costs. The
8 purpose of this compact is to provide for the mutual development
9 and execution of such programs of cooperation for the
10 confinement, treatment and rehabilitation of offenders with the
11 most economical use of human and material resources.
12 ARTICLE II
13 Definitions
14 As used in this compact, unless the context clearly requires
15 otherwise:
16 (a) "State" means a state of the United States; the United
17 States of America; a territory or possession of the United
18 States; the District of Columbia; the Commonwealth of Puerto
19 Rico.
20 (b) "Sending state" means a state party to this compact in
21 which conviction or court commitment was had.
22 (c) "Receiving state" means a state party to this compact to
23 which an inmate is sent for confinement other than a state in
24 which conviction or court commitment was had.
25 (d) "Inmate" means a male or female offender who is
26 committed, under sentence to or confined in a penal or
27 correctional institution.
28 (e) "Institution" means any penal or correctional facility,
29 including but not limited to a facility for the mentally ill or
30 mentally defective, in which inmates as defined in (d) above may
20050S0506B1798 - 199 -
1 lawfully be confined.
2 ARTICLE III
3 Contracts
4 (a) Each party state may make one or more contracts with any
5 one or more of the other party states for the confinement of
6 inmates on behalf of a sending state in institutions situated
7 within receiving states. Any such contract shall provide for:
8 1. Its duration.
9 2. Payments to be made to the receiving state by the sending
10 state for inmate maintenance, extraordinary medical and dental
11 expenses, and any participation in or receipt by inmates of
12 rehabilitative or correctional services, facilities, programs or
13 treatment not reasonably included as part of normal maintenance.
14 3. Participation in programs of inmate employment, if any,
15 the disposition or crediting of any payments received by inmates
16 on account thereof; and the crediting of proceeds from or
17 disposal of any products resulting therefrom.
18 4. Delivery and retaking of inmates.
19 5. Such other matters as may be necessary and appropriate to
20 fix the obligations, responsibilities and rights of the sending
21 and receiving states.
22 (b) The terms and provisions of this compact shall be a part
23 of any contract entered into by the authority of or pursuant
24 thereto, and nothing in any such contract shall be inconsistent
25 therewith.
26 ARTICLE IV
27 Procedures and Rights
28 (a) Whenever the duly constituted authorities in a state
29 party to this compact, and which has entered into a contract
30 pursuant to Article III, shall decide that confinement in, or
20050S0506B1798 - 200 -
1 transfer of an inmate to, an institution within the territory of
2 another party state is necessary or desirable in order to
3 provide adequate quarters and care or an appropriate program of
4 rehabilitation or treatment, said officials may direct that the
5 confinement be within an institution within the territory of
6 said other party state, the receiving state to act in that
7 regard solely as agent for the sending state.
8 (b) The appropriate officials of any state party to this
9 compact shall have access, at all reasonable times, to any
10 institution in which it has a contractual right to confine
11 inmates for the purpose of inspecting the facilities thereof and
12 visiting such of its inmates as may be confined in the
13 institution.
14 (c) Inmates confined in an institution pursuant to the terms
15 of this compact shall at all times be subject to the
16 jurisdiction of the sending state and may at any time be removed
17 therefrom for transfer to a prison or other institution within
18 the sending state, for transfer to another institution in which
19 the sending state may have a contractual or other right to
20 confine inmates, for release on probation or parole, for
21 discharge, or for any other purpose permitted by the laws of the
22 sending state; provided that the sending state shall continue to
23 be obligated to such payments as may be required pursuant to the
24 terms of any contract entered into under the terms of Article
25 III.
26 (d) Each receiving state shall provide regular reports to
27 each sending state on the inmates of that sending state in
28 institutions pursuant to this compact including a conduct record
29 of each inmate and certify said record to the official
30 designated by the sending state, in order that each inmate may
20050S0506B1798 - 201 -
1 have official review of his or her record in determining and
2 altering the disposition of said inmate in accordance with the
3 law which may obtain in the sending state and in order that the
4 same may be a source of information for the sending state.
5 (e) All inmates who may be confined in an institution
6 pursuant to the provisions of this compact shall be treated in a
7 reasonable and humane manner and shall be treated equally with
8 such similar inmates of the receiving state as may be confined
9 in the same institution. The fact of confinement in a receiving
10 state shall not deprive any inmate so confined of any legal
11 rights which said inmate would have had if confined in an
12 appropriate institution of the sending state.
13 (f) Any hearing or hearings to which an inmate confined
14 pursuant to this compact may be entitled by the laws of the
15 sending state may be had before the appropriate authorities of
16 the sending state, or of the receiving state if authorized by
17 the sending state. The receiving state shall provide adequate
18 facilities for such hearings as may be conducted by the
19 appropriate officials of a sending state. In the event such
20 hearing or hearings are had before officials of the receiving
21 state, the governing law shall be that of the sending state and
22 a record of the hearing or hearings as prescribed by the sending
23 state shall be made. Said record together with any
24 recommendations of the hearing officials shall be transmitted
25 forthwith to the official or officials before whom the hearing
26 would have been had if it had taken place in the sending state.
27 In any and all proceedings had pursuant to the provisions of
28 this subdivision, the officials of the receiving state shall act
29 solely as agents of the sending state and no final determination
30 shall be made in any matter except by the appropriate officials
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1 of the sending state.
2 (g) Any inmate confined pursuant to this compact shall be
3 released within the territory of the sending state unless the
4 inmate, and the sending and receiving states, shall agree upon
5 release in some other place. The sending state shall bear the
6 cost of such return to its territory.
7 (h) Any inmate confined pursuant to the terms of this
8 compact shall have any and all rights to participate in and
9 derive any benefits or incur or be relieved of any obligations
10 or have such obligations modified or his status changed on
11 account of any action or proceeding in which he could have
12 participated if confined in any appropriate institution of the
13 sending state located within such state.
14 (i) The parent, guardian, trustee, or other person or
15 persons entitled under the laws of the sending state to act for,
16 advise, or otherwise function with respect to any inmate shall
17 not be deprived of or restricted in his exercise of any power in
18 respect of any inmate confined pursuant to the terms of this
19 compact.
20 ARTICLE V
21 Acts Not Reviewable in Receiving State: Extradition
22 (a) Any decision of the sending state in respect of any
23 matter over which it retains jurisdiction pursuant to this
24 compact shall be conclusive upon and not reviewable within the
25 receiving state, but if at the time the sending state seeks to
26 remove an inmate from an institution in the receiving state
27 there is pending against the inmate within such state any
28 criminal charge or if the inmate is formally accused of having
29 committed within such state a criminal offense, the inmate shall
30 not be returned without the consent of the receiving state until
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1 discharged from prosecution or other form of proceeding,
2 imprisonment or detention for such offense. The duly accredited
3 officers of the sending state shall be permitted to transport
4 inmates pursuant to this compact through any and all states
5 party to this compact without interference.
6 (b) An inmate who escapes from an institution in which he is
7 confined pursuant to this compact shall be deemed a fugitive
8 from the sending state and from the state in which the
9 institution is situated. In the case of an escape to a
10 jurisdiction other than the sending or receiving state, the
11 responsibility for institution of extradition or rendition
12 proceedings shall be that of the sending state, but nothing
13 contained herein shall be construed to prevent or affect the
14 activities of officers and agencies of any jurisdiction directed
15 toward the apprehension and return of an escapee.
16 ARTICLE VI
17 Federal Aid
18 Any state party to this compact may accept Federal aid for
19 use in connection with any institution or program, the use of
20 which is or may be affected by this compact or any contract
21 pursuant hereto and any inmate in a receiving state pursuant to
22 this compact may participate in any such Federally aided program
23 or activity for which the sending and receiving states have made
24 contractual provisions, provided that if such program or
25 activity is not part of the customary correctional regimen, the
26 express consent of the appropriate official of the sending state
27 shall be required therefor.
28 ARTICLE VII
29 Entry into Force
30 This compact shall enter into force and become effective and
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1 binding upon the states so acting when it has been enacted into
2 law by any two states. Thereafter, this compact shall enter into
3 force and become effective and binding as to any other of said
4 states upon similar action by such state.
5 ARTICLE VIII
6 Withdrawal and Termination
7 This compact shall continue in force and remain binding upon
8 a party state until it shall have enacted a statute repealing
9 the same and providing for the sending of formal written notice
10 of withdrawal from the compact to the appropriate officials of
11 all other party states. An actual withdrawal shall not take
12 effect until one year after the notices provided in said statute
13 have been sent. Such withdrawal shall not relieve the
14 withdrawing state from its obligations assumed hereunder prior
15 to the effective date of withdrawal. Before the effective date
16 of withdrawal, a withdrawing state shall remove to its
17 territory, at its own expense, such inmates as it may have
18 confined pursuant to the provisions of this compact.
19 ARTICLE IX
20 Other Arrangements Unaffected
21 Nothing contained in this compact shall be construed to
22 abrogate or impair any agreement or other arrangement which a
23 party state may have with a non-party state for the confinement,
24 rehabilitation or treatment of inmates nor to repeal any other
25 laws of a party state authorizing the making of cooperative
26 institutional arrangements.
27 ARTICLE X
28 Construction and Severability
29 The provisions of this compact shall be liberally construed
30 and shall be severable. If any phrase, clause, sentence or
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1 provision of this compact is declared to be contrary to the
2 Constitution of any participating state or of the United States
3 or the applicability thereof to any government, agency, person
4 or circumstance is held invalid, the validity of the remainder
5 of this compact and the applicability thereof to any government,
6 agency, person or circumstance shall not be affected thereby. If
7 this compact shall be held contrary to the Constitution of any
8 state participating therein, the compact shall remain in full
9 force and effect as to the remaining states and in full force
10 and effect as to the state affected as to all severable matters.
11 § 7103. Powers.
12 The Attorney General or his designee is hereby authorized and
13 directed to do all things necessary or incidental to the
14 carrying out of the compact in every particular except that no
15 contract for the confinement of inmates in the institutions of
16 this State shall be entered into unless the Attorney General or
17 the Secretary of Corrections has first determined that the
18 inmates are acceptable, notwithstanding the provisions of
19 Article IX-B of the act of April 9, 1929 (P.L.177, No.175),
20 known as the Administrative Code of 1929. The Attorney General
21 or his designee shall not enter into a contract pursuant to
22 Article III of the compact relating to inmates who are mentally
23 ill or mentally retarded without consultation with the Secretary
24 of Public Welfare.
25 SUBCHAPTER B
26 INTERSTATE COMPACT FOR THE SUPERVISION OF ADULT OFFENDERS
27 Sec.
28 7111. Short title of subchapter.
29 7112. Authority to execute compact.
30 7113. When and how compact becomes operative.
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1 7114. State council and compact administrator.
2 § 7111. Short title of subchapter.
3 This subchapter shall be known and may be cited as the
4 Interstate Compact for the Supervision of Adult Offenders Act.
5 § 7112. Authority to execute compact.
6 The Governor of Pennsylvania, on behalf of this State, is
7 hereby authorized to execute a compact in substantially the
8 following form with any one or more of the states of the United
9 States, and the General Assembly hereby signifies in advance its
10 approval and ratification of such compact:
11 ARTICLE I
12 PURPOSE
13 The compacting states to this Interstate Compact recognize
14 that each state is responsible for the supervision of adult
15 offenders in the community who are authorized pursuant to the
16 Bylaws and Rules of this compact to travel across state lines
17 both to and from each compacting state in such a manner as to
18 track the location of offenders, transfer supervision authority
19 in an orderly and efficient manner, and when necessary return
20 offenders to the originating jurisdictions. The compacting
21 states also recognize that Congress, by enacting the Crime
22 Control Act, 4 U.S.C. § 112 (relating to compacts between States
23 for cooperation in prevention of crime; consent of Congress),
24 has authorized and encouraged compacts for cooperative efforts
25 and mutual assistance in the prevention of crime. It is the
26 purpose of this compact and the Interstate Commission created
27 hereunder, through means of joint and cooperative action among
28 the compacting states: to provide the framework for the
29 promotion of public safety and protect the rights of victims
30 through the control and regulation of the interstate movement of
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1 offenders in the community; to provide for the effective
2 tracking, supervision, and rehabilitation of these offenders by
3 the sending and receiving states; and to equitably distribute
4 the costs, benefits and obligations of the compact among the
5 compacting states. In addition, this compact will: create an
6 Interstate Commission which will establish uniform procedures to
7 manage the movement between states of adults placed under
8 community supervision and released to the community under the
9 jurisdiction of courts, paroling authorities, corrections or
10 other criminal justice agencies which will promulgate rules to
11 achieve the purpose of this compact; ensure an opportunity for
12 input and timely notice to victims and to jurisdictions where
13 defined offenders are authorized to travel or to relocate across
14 state lines; establish a system of uniform data collection,
15 access to information on active cases by authorized criminal
16 justice officials, and regular reporting of Compact activities
17 to heads of state councils, state executive, judicial, and
18 legislative branches and criminal justice administrators;
19 monitor compliance with rules governing interstate movement of
20 offenders and initiate interventions to address and correct non-
21 compliance; and coordinate training and education regarding
22 regulations of interstate movement of offenders for officials
23 involved in such activity. The compacting states recognize that
24 there is no "right" of any offender to live in another state and
25 that duly accredited officers of a sending state may at all
26 times enter a receiving state and there apprehend and retake any
27 offender under supervision subject to the provisions of this
28 compact and Bylaws and Rules promulgated hereunder. It is the
29 policy of the compacting states that the activities conducted by
30 the Interstate Commission created herein are the formation of
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1 public policies and are therefore public business.
2 ARTICLE II
3 DEFINITIONS
4 As used in this compact, unless the context clearly requires
5 a different construction:
6 "Adult" means both individuals legally classified as adults
7 and juveniles treated as adults by court order, statute, or
8 operation of law.
9 "Bylaws" means those Bylaws established by the Interstate
10 Commission for its governance, or for directing or controlling
11 the Interstate Commission's actions or conduct.
12 "Compact Administrator" means the individual in each
13 compacting state appointed pursuant to the terms of this compact
14 responsible for the administration and management of the state's
15 supervision and transfer of offenders subject to the terms of
16 this compact, the rules adopted by the Interstate Commission and
17 policies adopted by the State Council under this compact.
18 "Compacting state" means any state which has enacted the
19 enabling legislation for this compact.
20 "Commissioner" means the voting representative of each
21 compacting state appointed pursuant to Article III of this
22 compact.
23 "Interstate Commission" means the Interstate Commission for
24 Adult Offender Supervision established by this compact.
25 "Member" means the commissioner of a compacting state or
26 designee, who shall be a person officially connected with the
27 commissioner.
28 "Non-compacting state" means any state which has not enacted
29 the enabling legislation for this compact.
30 "Offender" means an adult placed under, or subject to,
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1 supervision as the result of the commission of a criminal
2 offense and released to the community under the jurisdiction of
3 courts, paroling authorities, corrections, or other criminal
4 justice agencies.
5 "Person" means any individual, corporation, business
6 enterprise, or other legal entity, either public or private.
7 "Rules" means acts of the Interstate Commission, duly
8 promulgated pursuant to Article VIII of this compact,
9 substantially affecting interested parties in addition to the
10 Interstate Commission, which shall have the force and effect of
11 law in the compacting states.
12 "State" means a state of the United States, the District of
13 Columbia and any other territorial possessions of the United
14 States.
15 "State Council" means the resident members of the State
16 Council for Interstate Adult Offender Supervision created by
17 each state under Article III of this compact.
18 ARTICLE III
19 THE COMPACT COMMISSION
20 The compacting states hereby create the "Interstate
21 Commission for Adult Offender Supervision." The Interstate
22 Commission shall be a body corporate and joint agency of the
23 compacting states. The Interstate Commission shall have all the
24 responsibilities, powers and duties set forth herein, including
25 the power to sue and be sued, and such additional powers as may
26 be conferred upon it by subsequent action of the respective
27 legislatures of the compacting states in accordance with the
28 terms of this compact. The Interstate Commission shall consist
29 of Commissioners selected and appointed by resident members of a
30 State Council for Interstate Adult Offender Supervision for each
20050S0506B1798 - 210 -
1 state.
2 In addition to the Commissioners who are the voting
3 representatives of each state, the Interstate Commission shall
4 include individuals who are not commissioners but who are
5 members of interested organizations; such non-commissioner
6 members must include a member of the national organizations of
7 governors, legislators, state chief justices, attorneys general
8 and crime victims. All non-commissioner members of the
9 Interstate Commission shall be ex-officio (non-voting) members.
10 The Interstate Commission may provide in its Bylaws for such
11 additional, ex-officio, non-voting members as it deems
12 necessary.
13 Each compacting state represented at any meeting of the
14 Interstate Commission is entitled to one vote. A majority of the
15 compacting states shall constitute a quorum for the transaction
16 of business, unless a larger quorum is required by the Bylaws of
17 the Interstate Commission.
18 The Interstate Commission shall meet at least once each
19 calendar year. The chairperson may call additional meetings and,
20 upon the request of 27 or more compacting states, shall call
21 additional meetings. Public notice shall be given of all
22 meetings and meetings shall be open to the public.
23 The Interstate Commission shall establish an Executive
24 Committee which shall include commission officers, members and
25 others as shall be determined by the Bylaws. The Executive
26 Committee shall have the power to act on behalf of the
27 Interstate Commission during periods when the Interstate
28 Commission is not in session, with the exception of rulemaking
29 and/or amendment to the Compact. The Executive Committee
30 oversees the day-to-day activities managed by the Executive
20050S0506B1798 - 211 -
1 Director and Interstate Commission staff; administers
2 enforcement and compliance with the provisions of the compact,
3 its Bylaws and as directed by the Interstate Commission and
4 performs other duties as directed by Commission or set forth in
5 the Bylaws.
6 ARTICLE IV
7 THE STATE COUNCIL
8 Each member state shall create a State Council for Interstate
9 Adult Offender Supervision which shall be responsible for the
10 appointment of the commissioner who shall serve on the
11 Interstate Commission from that state. Each state council shall
12 appoint as its commissioner the Compact Administrator from that
13 state to serve on the Interstate Commission in such capacity
14 under or pursuant to applicable law of the member state. While
15 each member state may determine the membership of its own state
16 council, its membership must include at least one representative
17 from the legislative, judicial, and executive branches of
18 government, victims groups and compact administrators. Each
19 compacting state retains the right to determine the
20 qualifications of the Compact Administrator who shall be
21 appointed by the Governor in consultation with the Legislature
22 and the Judiciary. In addition to appointment of its
23 commissioner to the National Interstate Commission, each state
24 council shall exercise oversight and advocacy concerning its
25 participation in Interstate Commission activities and other
26 duties as may be determined by each member state, including, but
27 not limited to, development of policy concerning operations and
28 procedures of the compact within that state.
29 ARTICLE V
30 POWERS AND DUTIES OF THE INTERSTATE COMMISSION
20050S0506B1798 - 212 -
1 The Interstate Commission shall have the following powers:
2 To adopt a seal and suitable Bylaws governing the
3 management and operation of the Interstate Commission.
4 To promulgate rules which shall have the force and effect
5 of statutory law and shall be binding in the compacting
6 states to the extent and in the manner provided in this
7 compact.
8 To oversee, supervise and coordinate the interstate
9 movement of offenders subject to the terms of this compact
10 and any Bylaws adopted and rules promulgated by the compact
11 commission.
12 To enforce compliance with compact provisions, Interstate
13 Commission rules, and Bylaws, using all necessary and proper
14 means, including, but not limited to, the use of judicial
15 process.
16 To establish and maintain offices.
17 To purchase and maintain insurance and bonds.
18 To borrow, accept, or contract for services of personnel,
19 including, but not limited to, members and their staffs.
20 To establish and appoint committees and hire staff which
21 it deems necessary for the carrying out of its functions
22 including, but not limited to, an executive committee as
23 required by Article III which shall have the power to act on
24 behalf of the Interstate Commission in carrying out its
25 powers and duties hereunder.
26 To elect or appoint such officers, attorneys, employees,
27 agents, or consultants, and to fix their compensation, define
28 their duties and determine their qualifications; and to
29 establish the Interstate Commission's personnel policies and
30 programs relating to, among other things, conflicts of
20050S0506B1798 - 213 -
1 interest, rates of compensation, and qualifications of
2 personnel.
3 To accept any and all donations and grants of money,
4 equipment, supplies, materials, and services, and to receive,
5 utilize, and dispose of same.
6 To lease, purchase, accept contributions or donations of,
7 or otherwise to own, hold, improve or use any property, real,
8 personal, or mixed.
9 To sell, convey, mortgage, pledge, lease, exchange,
10 abandon, or otherwise dispose of any property, real, personal
11 or mixed.
12 To establish a budget and make expenditures and levy dues
13 as provided in Article X of this compact.
14 To sue and be sued.
15 To provide for dispute resolution among Compacting
16 States.
17 To perform such functions as may be necessary or
18 appropriate to achieve the purposes of this compact.
19 To report annually to the legislatures, governors,
20 judiciary, and state councils of the compacting states
21 concerning the activities of the Interstate Commission during
22 the preceding year. Such reports shall also include any
23 recommendations that may have been adopted by the Interstate
24 Commission.
25 To coordinate education, training and public awareness
26 regarding the interstate movement of offenders for officials
27 involved in such activity.
28 To establish uniform standards for the reporting,
29 collecting, and exchanging of data.
30 ARTICLE VI
20050S0506B1798 - 214 -
1 ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
2 Section A. Bylaws
3 The Interstate Commission shall, by a majority of the
4 Members, within twelve months of the first Interstate Commission
5 meeting, adopt Bylaws to govern its conduct as may be necessary
6 or appropriate to carry out the purposes of the Compact,
7 including, but not limited to: establishing the fiscal year of
8 the Interstate Commission; establishing an executive committee
9 and such other committees as may be necessary; providing
10 reasonable standards and procedures:
11 (i) for the establishment of committees, and
12 (ii) governing any general or specific delegation of any
13 authority or function of the Interstate Commission;
14 providing reasonable procedures for calling and conducting
15 meetings of the Interstate Commission, and ensuring reasonable
16 notice of each such meeting; establishing the titles and
17 responsibilities of the officers of the Interstate Commission;
18 providing reasonable standards and procedures for the
19 establishment of the personnel policies and programs of the
20 Interstate Commission. Notwithstanding any civil service or
21 other similar laws of any Compacting State, the Bylaws shall
22 exclusively govern the personnel policies and programs of the
23 Interstate Commission; and providing a mechanism for winding up
24 the operations of the Interstate Commission and the equitable
25 return of any surplus funds that may exist upon the termination
26 of the Compact after the payment and/or reserving of all of its
27 debts and obligations; providing transition rules for "start up"
28 administration of the Compact; establishing standards and
29 procedures for compliance and technical assistance in carrying
30 out the Compact.
20050S0506B1798 - 215 -
1 Section B. Officers and Staff
2 The Interstate Commission shall, by a majority of the
3 Members, elect from among its Members a chairperson and a vice
4 chairperson, each of whom shall have such authorities and duties
5 as may be specified in the Bylaws. The chairperson or, in his or
6 her absence or disability, the vice chairperson, shall preside
7 at all meetings of the Interstate Commission. The Officers so
8 elected shall serve without compensation or remuneration from
9 the Interstate Commission; PROVIDED THAT, subject to the
10 availability of budgeted funds, the officers shall be reimbursed
11 for any actual and necessary costs and expenses incurred by them
12 in the performance of their duties and responsibilities as
13 officers of the Interstate Commission.
14 The Interstate Commission shall, through its executive
15 committee, appoint or retain an executive director for such
16 period, upon such terms and conditions and for such compensation
17 as the Interstate Commission may deem appropriate. The executive
18 director shall serve as secretary to the Interstate Commission,
19 and hire and supervise such other staff as may be authorized by
20 the Interstate Commission, but shall not be a Member.
21 Section C. Corporate Records of the Interstate Commission
22 The Interstate Commission shall maintain its corporate books
23 and records in accordance with the Bylaws.
24 Section D. Qualified Immunity, Defense and Indemnification
25 The Members, officers, executive director and employees of
26 the Interstate Commission shall be immune from suit and
27 liability, either personally or in their official capacity, for
28 any claim for damage to or loss of property or personal injury
29 or other civil liability caused or arising out of any actual or
30 alleged act, error or omission that occurred within the scope of
20050S0506B1798 - 216 -
1 Interstate Commission employment, duties or responsibilities;
2 PROVIDED, that nothing in this paragraph shall be construed to
3 protect any such person from suit and/or liability for any
4 damage, loss injury or liability caused by the intentional or
5 willful and wanton misconduct of any such person.
6 The Interstate Commission shall defend the Commissioner of a
7 Compacting State, or his or her representatives or employees, or
8 the Interstate Commission's representatives or employees, in any
9 civil action seeking to impose liability, arising out of any
10 actual or alleged act, error or omission that occurred within
11 the scope of Interstate Commission employment, duties or
12 responsibilities, or that the defendant had a reasonable basis
13 for believing occurred within the scope of Interstate Commission
14 employment, duties or responsibilities; PROVIDED, that the
15 actual or alleged act, error or omission did not result from
16 intentional wrongdoing on the part of such person.
17 The Interstate Commission shall indemnify and hold the
18 Commissioner of a Compacting State, the appointed designee or
19 employees, or the Interstate Commission's representatives or
20 employees, harmless in the amount of any settlement or judgment
21 obtained against such persons arising out of any actual or
22 alleged act, error or omission that occurred within the scope of
23 Interstate Commission employment, duties or responsibilities, or
24 that such persons had a reasonable basis for believing occurred
25 within the scope of Interstate Commission employment, duties or
26 responsibilities, PROVIDED, that the actual or alleged act,
27 error or omission did not result from gross negligence or
28 intentional wrongdoing on the part of such person.
29 ARTICLE VII
30 ACTIVITIES OF THE INTERSTATE COMMISSION
20050S0506B1798 - 217 -
1 The Interstate Commission shall meet and take such actions as
2 are consistent with the provisions of this Compact.
3 Except as otherwise provided in this Compact and unless a
4 greater percentage is required by the Bylaws, in order to
5 constitute an act of the Interstate Commission, such act shall
6 have been taken at a meeting of the Interstate Commission and
7 shall have received an affirmative vote of a majority of the
8 Members present.
9 Each Member of the Interstate Commission shall have the right
10 and power to cast a vote to which that Compacting State is
11 entitled and to participate in the business and affairs of the
12 Interstate Commission. A Member shall vote in person on behalf
13 of the state and shall not delegate a vote to another member
14 state. However, a State Council shall appoint another authorized
15 representative, in the absence of the commissioner from that
16 state, to cast a vote on behalf of the member state at a
17 specified meeting. The Bylaws may provide for Members'
18 participation in meetings by telephone or other means of
19 telecommunication or electronic communication. Any voting
20 conducted by telephone, or other means of telecommunication or
21 electronic communication shall be subject to the same quorum
22 requirements of meetings where members are present in person.
23 The Interstate Commission shall meet at least once during each
24 calendar year. The chairperson of the Interstate Commission may
25 call additional meetings at any time and, upon the request of a
26 majority of the Members, shall call additional meetings.
27 The Interstate Commission's Bylaws shall establish conditions
28 and procedures under which the Interstate Commission shall make
29 its information and official records available to the public for
30 inspection or copying. The Interstate Commission may exempt from
20050S0506B1798 - 218 -
1 disclosure any information or official records to the extent
2 they would adversely affect personal privacy rights or
3 proprietary interests. In promulgating such Rules, the
4 Interstate Commission may make available to law enforcement
5 agencies records and information otherwise exempt from
6 disclosure, and may enter into agreements with law enforcement
7 agencies to receive or exchange information or records subject
8 to nondisclosure and confidentiality provisions.
9 Public notice shall be given of all meetings and all meetings
10 shall be open to the public, except as set forth in the Rules or
11 as otherwise provided in the Compact. The Interstate Commission
12 shall promulgate Rules consistent with the principles contained
13 in the "Government in Sunshine Act," 5 U.S.C. Section 552(b), as
14 may be amended. The Interstate Commission and any of its
15 committees may close a meeting to the public where it determines
16 by two-thirds vote that an open meeting would be likely to:
17 relate solely to the Interstate Commission's internal
18 personnel practices and procedures;
19 disclose matters specifically exempted from disclosure by
20 statute;
21 disclose trade secrets or commercial or financial
22 information which is privileged or confidential;
23 involve accusing any person of a crime, or formally
24 censuring any person;
25 disclose information of a personal nature where
26 disclosure would constitute a clearly unwarranted invasion of
27 personal privacy;
28 disclose investigatory records compiled for law
29 enforcement purposes;
30 disclose information contained in or related to
20050S0506B1798 - 219 -
1 examination, operating or condition reports prepared by, or
2 on behalf of or for the use of, the Interstate Commission
3 with respect to a regulated entity for the purpose of
4 regulation or supervision of such entity;
5 disclose information, the premature disclosure of which
6 would significantly endanger the life of a person or the
7 stability of a regulated entity;
8 specifically relate to the Interstate Commission's
9 issuance of a subpoena, or its participation in a civil
10 action or proceeding.
11 For every meeting closed pursuant to this provision, the
12 Interstate Commission's chief legal officer shall publicly
13 certify that, in his or her opinion, the meeting may be closed
14 to the public, and shall reference each relevant exemptive
15 provision. The Interstate Commission shall keep minutes which
16 shall fully and clearly describe all matters discussed in any
17 meeting and shall provide a full and accurate summary of any
18 actions taken, and the reasons therefor, including a description
19 of each of the views expressed on any item and the record of any
20 roll call vote (reflected in the vote of each Member on the
21 question). All documents considered in connection with any
22 action shall be identified in such minutes.
23 The Interstate Commission shall collect standardized data
24 concerning the interstate movement of offenders as directed
25 through its Bylaws and Rules which shall specify the data to be
26 collected and the means of collection and data exchange and
27 reporting requirements.
28 ARTICLE VIII
29 RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
30 The Interstate Commission shall promulgate Rules in order to
20050S0506B1798 - 220 -
1 effectively and efficiently achieve the purposes of the Compact
2 including transition rules governing administration of the
3 Compact during the period in which it is being considered and
4 enacted by the states.
5 Rulemaking shall occur pursuant to the criteria set forth in
6 this Article and the Bylaws and Rules adopted pursuant thereto.
7 Such rulemaking shall substantially conform to the principles of
8 the Federal Administrative Procedure Act, 5 U.S.C. Ch. 5 Subchs.
9 II (relating to administrative procedure) and III (relating to
10 negotiated rulemaking procedure), and the Federal Advisory
11 Committee Act, 5 U.S.C.S. app. 2, section 1 et seq., as may be
12 amended (hereinafter "APA").
13 All Rules and amendments shall become binding as of the date
14 specified in each Rule or amendment.
15 If a majority of the legislatures of the Compacting States
16 rejects a Rule, by enactment of a statute or resolution in the
17 same manner used to adopt the compact, then such Rule shall have
18 no further force and effect in any Compacting State.
19 When promulgating a Rule, the Interstate Commission shall:
20 publish the proposed Rule stating with particularity the
21 text of the Rule which is proposed and the reason for the
22 proposed Rule;
23 allow persons to submit written data, facts, opinions and
24 arguments, which information shall be publicly available;
25 provide an opportunity for an informal hearing; and
26 promulgate a final Rule and its effective date, if
27 appropriate, based on the rulemaking record.
28 Not later than sixty days after a Rule is promulgated, any
29 interested person may file a petition in the United States
30 District Court for the District of Columbia or in the Federal
20050S0506B1798 - 221 -
1 District Court where the Interstate Commission's principal
2 office is located for judicial review of such Rule. If the court
3 finds that the Interstate Commission's action is not supported
4 by substantial evidence, (as defined in the APA), in the
5 rulemaking record, the court shall hold the Rule unlawful and
6 set it aside.
7 Subjects to be addressed within 12 months after the first
8 meeting must at a minimum include:
9 notice to victims and opportunity to be heard;
10 offender registration and compliance;
11 violations/ returns;
12 transfer procedures and forms;
13 eligibility for transfer;
14 collection of restitution and fees from offenders;
15 data collection and reporting;
16 the level of supervision to be provided by the receiving
17 state;
18 transition rules governing the operation of the compact
19 and the Interstate Commission during all or part of the
20 period between the effective date of the compact and the date
21 on which the last eligible state adopts the compact;
22 mediation, arbitration and dispute resolution.
23 The existing rules governing the operation of the previous
24 compact superseded by this Act shall be null and void twelve
25 (12) months after the first meeting of the Interstate Commission
26 created hereunder.
27 Upon determination by the Interstate Commission that an
28 emergency exists, it may promulgate an emergency rule which
29 shall become effective immediately upon adoption, provided that
30 the usual rulemaking procedures provided hereunder shall be
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1 retroactively applied to said rule as soon as reasonably
2 possible, in no event later than 90 days after the effective
3 date of the rule.
4 ARTICLE IX
5 OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION BY THE INTERSTATE
6 COMMISSION
7 Section A. Oversight
8 The Interstate Commission shall oversee the interstate
9 movement of adult offenders in the compacting states and shall
10 monitor such activities being administered in Non-compacting
11 States which may significantly affect Compacting States.
12 The courts and executive agencies in each Compacting State
13 shall enforce this Compact and shall take all actions necessary
14 and appropriate to effectuate the Compact's purposes and intent.
15 In any judicial or administrative proceeding in a Compacting
16 State pertaining to the subject matter of this Compact which may
17 affect the powers, responsibilities or actions of the Interstate
18 Commission, the Interstate Commission shall be entitled to
19 receive all service of process in any such proceeding, and shall
20 have standing to intervene in the proceeding for all purposes.
21 Section B. Dispute Resolution
22 The Compacting States shall report to the Interstate
23 Commission on issues or activities of concern to them, and
24 cooperate with and support the Interstate Commission in the
25 discharge of its duties and responsibilities.
26 The Interstate Commission shall attempt to resolve any
27 disputes or other issues which are subject to the compact and
28 which may arise among Compacting States and Non-compacting
29 States.
30 The Interstate Commission shall enact a Bylaw or promulgate a
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1 Rule providing for both mediation and binding dispute resolution
2 for disputes among the Compacting States.
3 Section C. Enforcement
4 The Interstate Commission, in the reasonable exercise of its
5 discretion, shall enforce the provisions of this compact using
6 any or all means set forth in Article XII, Section B, of this
7 compact.
8 Section D. Extradition
9 The duly accredited officers of a sending state may at all
10 times enter a receiving state, and there apprehend and retake
11 any person on probation or parole. For that purpose, no
12 formalities will be required other than establishing the
13 authority of the officer and the identity of the person to be
14 retaken. All legal requirements to obtain extradition of
15 fugitives from justice are hereby expressly waived on the part
16 of states party hereto as to such persons. The decision of the
17 sending state to retake a person on probation or parole shall be
18 conclusive upon and not reviewable within the receiving state.
19 If at the time when a state seeks to retake a probationer or
20 parolee, there should be pending against him within the
21 receiving state any criminal charge, or he is suspected of
22 having committed within such state a criminal offense, he shall
23 not be retaken without the consent of the receiving state until
24 discharged from prosecution or from imprisonment for such
25 offense. The duly accredited officers of the sending state will
26 be permitted to transport prisoners being retaken through any
27 and all states parties to this compact without interference.
28 ARTICLE X
29 FINANCE
30 The Interstate Commission shall pay or provide for the
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1 payment of the reasonable expenses of its establishment,
2 organization and ongoing activities.
3 The Interstate Commission shall levy on and collect an annual
4 assessment from each Compacting State to cover the cost of the
5 internal operations and activities of the Interstate Commission
6 and its staff which must be in a total amount sufficient to
7 cover the Interstate Commission's annual budget as approved each
8 year. The aggregate annual assessment amount shall be allocated
9 based upon a formula to be determined by the Interstate
10 Commission, taking into consideration the population of the
11 state and the volume of interstate movement of offenders in each
12 Compacting State and shall promulgate a Rule binding upon all
13 Compacting States which governs said assessment.
14 The Interstate Commission shall not incur any obligations of
15 any kind prior to securing the funds adequate to meet the same;
16 nor shall the Interstate Commission pledge the credit of any of
17 the Compacting States, except by and with the authority of the
18 Compacting State.
19 The Interstate Commission shall keep accurate accounts of all
20 receipts and disbursements. The receipts and disbursements of
21 the Interstate Commission shall be subject to the audit and
22 accounting procedures established under its Bylaws. However, all
23 receipts and disbursements of funds handled by the Interstate
24 Commission shall be audited yearly by a certified or licensed
25 public accountant and the report of the audit shall be included
26 in and become part of the annual report of the Interstate
27 Commission.
28 ARTICLE XI
29 COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT
30 Any state, as defined in Article II of this Compact, is
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1 eligible to become a Compacting State. The Compact shall become
2 effective and binding upon legislative enactment of the Compact
3 into law by no less than 35 of the States. The initial effective
4 date shall be the later of July 1, 2001, or upon enactment into
5 law by the 35th jurisdiction. Thereafter it shall become
6 effective and binding, as to any other Compacting State, upon
7 enactment of the Compact into law by that State. The governors
8 of Non-member states or their designees will be invited to
9 participate in Interstate Commission activities on a non-voting
10 basis prior to adoption of the Compact by all states and
11 territories of the United States.
12 Amendments to the Compact may be proposed by the Interstate
13 Commission for enactment by the Compacting States. No amendment
14 shall become effective and binding upon the Interstate
15 Commission and the Compacting States unless and until it is
16 enacted into law by unanimous consent of the Compacting States.
17 ARTICLE XII
18 WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT
19 Section A. Withdrawal
20 Once effective, the Compact shall continue in force and
21 remain binding upon each and every Compacting State; PROVIDED,
22 that a Compacting State may withdraw from the Compact
23 ("Withdrawing State") by enacting a statute specifically
24 repealing the statute which enacted the Compact into law. The
25 effective date of withdrawal is the effective date of the
26 repeal.
27 The Withdrawing State shall immediately notify the
28 chairperson of the Interstate Commission in writing upon the
29 introduction of legislation repealing this Compact in the
30 Withdrawing State.
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1 The Interstate Commission shall notify the other Compacting
2 States of the Withdrawing State's intent to withdraw within
3 sixty days of its receipt thereof.
4 The Withdrawing State is responsible for all assessments,
5 obligations and liabilities incurred through the effective date
6 of withdrawal, including any obligations, the performance of
7 which extend beyond the effective date of withdrawal.
8 Reinstatement following withdrawal of any Compacting State
9 shall occur upon the Withdrawing State reenacting the Compact or
10 upon such later date as determined by the Interstate Commission.
11 Section B. Default
12 If the Interstate Commission determines that any Compacting
13 State has at any time defaulted ("Defaulting State") in the
14 performance of any of its obligations or responsibilities under
15 this Compact, the Bylaws or any duly promulgated Rules the
16 Interstate Commission may impose any or all of the following
17 penalties:
18 Fines, fees and costs in such amounts as are deemed to be
19 reasonable as fixed by the Interstate Commission;
20 Remedial training and technical assistance as directed by
21 the Interstate Commission;
22 Suspension and termination of membership in the Compact.
23 Suspension shall be imposed only after all other reasonable
24 means of securing compliance under the Bylaws and Rules have
25 been exhausted. Immediate notice of suspension shall be given by
26 the Interstate Commission to the Governor, the Chief Justice or
27 Chief Judicial Officer of the state; the majority and minority
28 leaders of the defaulting state's legislature, and the State
29 Council.
30 The grounds for default include, but are not limited to,
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1 failure of a Compacting State to perform such obligations or
2 responsibilities imposed upon it by this compact, Interstate
3 Commission Bylaws, or duly promulgated Rules. The Interstate
4 Commission shall immediately notify the Defaulting State in
5 writing of the penalty imposed by the Interstate Commission on
6 the Defaulting State pending a cure of the default. The
7 Interstate Commission shall stipulate the conditions and the
8 time period within which the Defaulting State must cure its
9 default. If the Defaulting State fails to cure the default
10 within the time period specified by the Interstate Commission,
11 in addition to any other penalties imposed herein, the
12 Defaulting State may be terminated from the Compact upon an
13 affirmative vote of a majority of the Compacting States and all
14 rights, privileges and benefits conferred by this Compact shall
15 be terminated from the effective date of suspension. Within
16 sixty days of the effective date of termination of a Defaulting
17 State, the Interstate Commission shall notify the Governor, the
18 Chief Justice or Chief Judicial Officer and the Majority and
19 Minority Leaders of the Defaulting State's legislature and the
20 state council of such termination.
21 The Defaulting State is responsible for all assessments,
22 obligations and liabilities incurred through the effective date
23 of termination including any obligations, the performance of
24 which extends beyond the effective date of termination.
25 The Interstate Commission shall not bear any costs relating
26 to the Defaulting State unless otherwise mutually agreed upon
27 between the Interstate Commission and the Defaulting State.
28 Reinstatement following termination of any Compacting State
29 requires both a reenactment of the Compact by the Defaulting
30 State and the approval of the Interstate Commission pursuant to
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1 the Rules.
2 Section C. Judicial Enforcement
3 The Interstate Commission may, by majority vote of the
4 Members, initiate legal action in the United States District
5 Court for the District of Columbia or, at the discretion of the
6 Interstate Commission, in the Federal District where the
7 Interstate Commission has its offices to enforce compliance with
8 the provisions of the Compact, its duly promulgated Rules and
9 Bylaws, against any Compacting State in default. In the event
10 judicial enforcement is necessary the prevailing party shall be
11 awarded all costs of such litigation including reasonable
12 attorneys fees.
13 Section D. Dissolution of Compact
14 The Compact dissolves effective upon the date of the
15 withdrawal or default of the Compacting State which reduces
16 membership in the Compact to one Compacting State.
17 Upon the dissolution of this Compact, the Compact becomes
18 null and void and shall be of no further force or effect, and
19 the business and affairs of the Interstate Commission shall be
20 wound up and any surplus funds shall be distributed in
21 accordance with the Bylaws.
22 ARTICLE XIII
23 SEVERABILITY AND CONSTRUCTION
24 The provisions of this Compact shall be severable, and if any
25 phrase, clause, sentence or provision is deemed unenforceable,
26 the remaining provisions of the Compact shall be enforceable.
27 The provisions of this Compact shall be liberally constructed to
28 effectuate its purposes.
29 ARTICLE XIV
30 BINDING EFFECT OF COMPACT AND OTHER LAWS
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1 Section A. Other Laws
2 Nothing herein prevents the enforcement of any other law of a
3 Compacting State that is not inconsistent with this Compact. All
4 Compacting States' laws conflicting with this Compact are
5 superseded to the extent of the conflict.
6 Section B. Binding Effect of the Compact
7 All lawful actions of the Interstate Commission, including
8 all Rules and Bylaws promulgated by the Interstate Commission,
9 are binding upon the Compacting States.
10 All agreements between the Interstate Commission and the
11 Compacting States are binding in accordance with their terms.
12 Upon the request of a party to a conflict over meaning or
13 interpretation of Interstate Commission actions, and upon a
14 majority vote of the Compacting States, the Interstate
15 Commission may issue advisory opinions regarding such meaning or
16 interpretation.
17 In the event any provision of this Compact exceeds the
18 constitutional limits imposed on the legislature of any
19 Compacting State, the obligations, duties, powers or
20 jurisdiction sought to be conferred by such provision upon the
21 Interstate Commission shall be ineffective and such obligations,
22 duties, powers or jurisdiction shall remain in the Compacting
23 State and shall be exercised by the agency thereof to which such
24 obligations, duties, powers or jurisdiction are delegated by law
25 in effect at the time this Compact becomes effective.
26 § 7113. When and how compact becomes operative.
27 (a) General rule.--When the Governor executes the Interstate
28 Compact for the Supervision of Adult Offenders on behalf of this
29 State and files a verified copy thereof with the Secretary of
30 the Commonwealth and when the compact is ratified by one or more
20050S0506B1798 - 230 -
1 other states, then the compact shall become operative and
2 effective between this State and such other state or states. The
3 Governor is hereby authorized and directed to take such action
4 as may be necessary to complete the exchange of official
5 documents between this State and any other state ratifying the
6 compact.
7 (b) Notice in Pennsylvania Bulletin.--The Secretary of the
8 Commonwealth shall publish a notice in the Pennsylvania Bulletin
9 when the conditions set forth in subsection (a) are satisfied
10 and shall include in the notice the date on which the compact
11 became effective and operative between this State and any other
12 state or states in accordance with this subchapter.
13 § 7114. State council and compact administrator.
14 (a) State council.--Consistent with Article IV of the
15 Interstate Compact for the Supervision of Adult Offenders, there
16 is hereby established the State Council for Interstate Adult
17 Offender Supervision. The council shall consist of nine members,
18 seven of whom shall be appointed by the Governor. At least two
19 members shall be judges of courts of record of this Commonwealth
20 and at least one shall be a county chief probation officer, a
21 representative from the executive branch of government, a
22 representative of victims groups and the compact administrator.
23 The President pro tempore of the Senate and the Speaker of the
24 House of Representatives shall each appoint a member of the
25 General Assembly to serve as a member of the council. The term
26 of a member of the council hereafter appointed, except to fill a
27 vacancy, shall be for four years and until a successor has been
28 appointed, but in no event more than 90 days beyond the
29 expiration of the appointed term. The term of a member of the
30 council who is appointed by virtue of serving as a member of the
20050S0506B1798 - 231 -
1 General Assembly, as a judge or as a county chief probation
2 officer shall continue only as long as the individual remains in
3 that office. A vacancy occurring in an office of a member of the
4 council by expiration of term or for any other reason shall be
5 filled by the appointing authority for the remainder of the
6 term.
7 (b) Appointment of administrator.--The compact administrator
8 shall be appointed by the Governor and shall serve as a member
9 of the State Council for the Supervision of Adult Offenders and
10 shall serve on the Interstate Commission for Adult Offender
11 Supervision established pursuant to the Interstate Compact for
12 the Supervision of Adult Offenders.
13 (c) Compensation and expenses of administrator.--The compact
14 administrator who represents this State, as provided for in
15 Article IV of the Interstate Compact for the Supervision of
16 Adult Offenders, shall not be entitled to any additional
17 compensation for his duties and responsibilities as compact
18 administrator but shall be entitled to reimbursement for
19 reasonable expenses actually incurred in connection with his
20 duties and responsibilities as compact administrator in the same
21 manner as for expenses incurred in connection with other duties
22 and responsibilities of his office or employment.
23 SUBCHAPTER C
24 ADMINISTRATIVE PROVISIONS
25 Sec.
26 7121. Deputization.
27 7122. Supervision of persons paroled by other states.
28 7123. Penalty.
29 § 7121. Deputization.
30 (a) General rule.--The chairperson of the Pennsylvania Board
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1 of Probation and Parole may deputize any person to act as an
2 officer and agent of the Commonwealth in effecting the return of
3 any person who has violated the terms and conditions of parole
4 or probation as granted by the Commonwealth. In any matter
5 relating to the return of such person, an agent so deputized has
6 all the powers of a police officer of this Commonwealth.
7 (b) Evidence of deputization.--A deputization under this
8 section must be in writing and a person authorized to act as an
9 agent of the Commonwealth under that authority shall carry
10 formal evidence of the deputization and shall produce it on
11 demand.
12 (c) Interstate contracts.--The chairperson of the
13 Pennsylvania Board of Probation and Parole may, subject to the
14 approval of the Auditor General, enter into contracts with
15 similar officials of any other state for the purpose of sharing
16 an equitable portion of the cost of effecting the return of any
17 person who has violated the terms and conditions of parole or
18 probation as granted by the Commonwealth.
19 § 7122. Supervision of persons paroled by other states.
20 (a) General rule.--In compliance with the Federal interstate
21 compact laws and the provisions of this section, the board may
22 supervise persons who are paroled by other states and reside in
23 this Commonwealth, where such other states agree to perform
24 similar services for the board.
25 (b) Witness Protection Program.--The board may relinquish
26 jurisdiction over a parolee to the proper Federal authorities
27 where the parolee is placed into the Witness Protection Program
28 of the United States Department of Justice.
29 (c) Applicability.--The provisions of this section shall
30 apply only to those persons under the supervision of the board.
20050S0506B1798 - 233 -
1 (d) Contracting state obligations.--The contracting state
2 must adhere to this Commonwealth's laws regarding the interstate
3 compact, which are as follows:
4 (1) The contracting state solemnly agrees that it is
5 competent for the duly constituted judicial and
6 administrative authorities of a state party to the compact,
7 referred to as the "sending state," to permit any person
8 convicted of an offense within such state and placed on
9 probation or released on parole to reside in any other state,
10 referred to as the "receiving state," while on probation or
11 parole if:
12 (i) A confirmed offer of viable employment or other
13 verifiable means of support exists.
14 (ii) A residence approved by the sending state shall
15 be available.
16 (2) The following information must be made available to
17 the receiving state from the sending state at the time the
18 application for acceptance to the receiving state shall be
19 filed:
20 (i) Institutional adjustment information on parolees
21 or probationers.
22 (ii) Current supervision history on parolees or
23 probationers.
24 (iii) A psychological report or psychological
25 update, completed no more than one year prior to the
26 receiving state's consideration, for persons convicted of
27 a violent offense.
28 (iv) The following information must be made
29 available to the receiving state for those cases defined
30 as a sexual offense:
20050S0506B1798 - 234 -
1 (A) A summary of any type of treatment received
2 and dates of completion.
3 (B) A description of behavioral characteristics
4 that may have contributed to the parolee or
5 probationer's conduct.
6 (3) Any parolee or probationer convicted of a sexual
7 offense shall be required to:
8 (i) Submit to mandatory registration and public
9 notification of all current addresses with the
10 Pennsylvania State Police.
11 (ii) Provide a signed copy of the "Pennsylvania
12 State Police Sexual Offender Registration Notification"
13 form and the "Pennsylvania State Police Sexual Offender
14 Registration" form to the receiving state.
15 (iii) Provide a signed copy of "Addendum to
16 Application for Compact Services/Agreement to Return"
17 form to the receiving state.
18 (4) Except as provided in this subsection, the receiving
19 state shall not consider the acceptance of supervision if the
20 parolee is already physically present in this Commonwealth.
21 Investigation and consideration of a case shall occur only
22 after the parolee returns to the sending state and proper
23 application is filed. The receiving state may consider the
24 acceptance of supervision if the probationer is already
25 physically present in this Commonwealth, where the
26 probationer has established domicile in the receiving state
27 before adjudication on the criminal offense.
28 (5) Electronic monitoring or other special conditions,
29 or both, of supervision shall be imposed as deemed necessary
30 by the receiving state.
20050S0506B1798 - 235 -
1 (6) At the request of the receiving state, the sending
2 state shall agree to retake the parolee or probationer if
3 that individual violates any condition of probation or
4 parole.
5 (e) Definitions.--As used in this section the following
6 words and phrases shall have the meaning given to them in this
7 subsection unless the context clearly indicates otherwise:
8 "Board." The Pennsylvania Board of Probation and Parole.
9 "Sexual offense."
10 (1) Any of the following offenses or an equivalent
11 offense that is classified as a felony and involves a victim
12 who is a minor:
13 18 Pa.C.S. § 2901 (relating to kidnapping).
14 18 Pa.C.S. § 5902(a) (relating to prostitution and
15 related offenses).
16 18 Pa.C.S. § 5903(a)(3), (4), (5) or (6) (relating to
17 obscene and other sexual materials and performances).
18 (2) Any of the following offenses or an equivalent
19 offense that is classified as a felony and involves a victim
20 who is younger than 13 years of age:
21 18 Pa.C.S. § 3126 (relating to indecent assault).
22 (3) Any of the following offenses or an equivalent
23 offense, regardless of the victim's age:
24 18 Pa.C.S. § 3121 (relating to rape).
25 18 Pa.C.S. § 3123 (relating to involuntary deviate
26 sexual intercourse).
27 18 Pa.C.S. § 3125 (relating to aggravated indecent
28 assault).
29 "Violent offense."
30 (1) Any of the following offenses or an equivalent
20050S0506B1798 - 236 -
1 offense:
2 18 Pa.C.S. § 2502 (relating to murder).
3 18 Pa.C.S. § 2503 (relating to voluntary
4 manslaughter).
5 18 Pa.C.S. § 2702 (relating to aggravated assault).
6 18 Pa.C.S. § 2703 (relating to assault by prisoner).
7 18 Pa.C.S. § 2704 (relating to assault by life
8 prisoner).
9 18 Pa.C.S. § 2901 (relating to kidnapping) where the
10 victim is a minor.
11 18 Pa.C.S. § 3121 (relating to rape).
12 18 Pa.C.S. § 3123 (relating to involuntary deviate
13 sexual intercourse).
14 18 Pa.C.S. § 3301 (relating to arson and related
15 offenses).
16 18 Pa.C.S. § 3502 (relating to burglary).
17 18 Pa.C.S. § 3701 (relating to robbery).
18 18 Pa.C.S. § 3923 (relating to theft by extortion)
19 where a threat of violence is made.
20 (2) A criminal attempt, criminal solicitation or
21 criminal conspiracy to commit any offenses set forth in this
22 definition.
23 "Other verifiable means of support." The term includes, but
24 is not limited to, support by parent, grandparent, sibling,
25 spouse or adult child. The term does not include public
26 assistance.
27 § 7123. Penalty.
28 A person who is on parole or probation in another state and
29 who resides in this Commonwealth in violation of section 6373
30 (relating to supervision of persons paroled by other states)
20050S0506B1798 - 237 -
1 commits a misdemeanor of the first degree and shall be sentenced
2 to pay a fine of not more than $10,000 or to imprisonment for
3 not more than five years, or both.
4 Section 5. The addition of 61 Pa.C.S. Pts. I, II, III, IV
5 and V is a continuation of the acts and parts of acts listed in
6 section 7 of this act, except for the following:
7 Act of January 17, 1831 (P.L.12, No.12), entitled "A further
8 supplement to an act, entitled, An act to reform the penal laws
9 of this Commonwealth."
10 Sections 3 and 4 of the act of April 14, 1835 (P.L.232,
11 No.140), entitled "A supplement to the act entitled An act to
12 provide for the erection of a new prison and a debtors'
13 apartment within the city and county of Philadelphia, and for
14 the sale of the county prison in Walnut street in said city."
15 Section 11 of the act of February 8, 1842 (P.L.12, No.10),
16 entitled "A supplement to an act entitled 'An act relating to
17 the prison of the county of Chester,' approved February first,
18 one thousand eight hundred and thirty-nine, and relative to the
19 Dauphin county prison."
20 The act of January 4, 1856 (P.L.711, No.661), entitled "A
21 further supplement to an act, entitled 'An Act to provide for
22 the erection of a new prison and debtors' apartment within the
23 city and county of Philadelphia, and for the sale of the county
24 prison in Walnut street in the said city, approved April
25 fourteenth, one thousand eight hundred thirty-five.'"
26 Sections 8, 12 and 14 of the act of June 2, 1871 (P.L.1301,
27 No.1209), entitled "An act to establish and maintain for the
28 city of Philadelphia, a house of correction, employment and
29 reformation for adults and minors."
30 Act of June 8, 1874 (P.L.278, No.163), entitled "An act
20050S0506B1798 - 238 -
1 relating to prison inspectors and regulating prisons."
2 Sections 2 and 4 of the act of June 13, 1883 (P.L.112,
3 No.99), entitled "An act to abolish the contract system in the
4 prisons and reformatory institutions of the State of
5 Pennsylvania, and to regulate the wages of the inmates."
6 Act of June 22, 1897 (P.L.182, No.150), entitled "A
7 supplement to an act entitled 'An act for the punishment of
8 cruelty to animals in this Commonwealth,' approved the twenty-
9 ninth day of March, one thousand eight hundred and sixty-nine,
10 requiring the keepers or persons in charge of all jails, lock-
11 ups and station-houses within the Commonwealth to receive all
12 persons arrested for any violation of the provisions of said
13 act."
14 Act of May 25, 1907 (P.L.247, No.191), entitled "An act
15 authorizing the employment of male prisoners of the jails, and
16 workhouses of this Commonwealth upon the public highways of the
17 several counties, and regulating the same; and providing for the
18 establishment of Prison Boards, the purchase of material and
19 tools, and employment of deputies, at the expense of the proper
20 county, and a penalty for the escape of prisoners while employed
21 outside of said jails, workhouses."
22 Act of May 28, 1913 (P.L.363, No.247), entitled "An act
23 regulating the discharge of prisoners on parole, from the penal
24 institutions of the Commonwealth."
25 Section 9 of the act of July 25, 1913 (P.L.1311, No.816),
26 entitled "An act providing for the establishment of a State
27 Industrial Home for Women; authorizing the purchase of a site,
28 and the erection thereon and equipment of necessary buildings;
29 providing for the commitment to said State Industrial Home for
30 Women of females between the ages of sixteen and thirty years,
20050S0506B1798 - 239 -
1 convicted of, or pleading guilty to, the commission of any
2 criminal offense; and providing for the government and
3 management of said institution; and making an appropriation to
4 carry out the purposes of this act."
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 1, 1929 (P.L.1184, No.416), entitled "An act
13 conferring and imposing certain powers and duties upon the State
14 Board of Pardons with respect to inmates of State penal and
15 correctional institutions released on parole."
16 Act of June 22, 1931 (P.L.864, No.280), entitled "An act
17 making a convict whose minimum sentence exceeds one-half of the
18 maximum sentence eligible to apply for release on parole when
19 said convict has served or will have served one-half his maximum
20 sentence."
21 Sections 25, 31, 32, 33, 33.1 and 34.1 of the act of August
22 6, 1941 (P.L.861, No.323), entitled, as amended, "An act to
23 create a uniform and exclusive system for the administration of
24 parole in this Commonwealth; providing state probation services;
25 establishing the 'Pennsylvania Board of Probation and Parole';
26 conferring and defining its jurisdiction, duties, powers and
27 functions; including the supervision of persons placed upon
28 probation and parole in certain designated cases; providing for
29 the method of appointment of its members; regulating the
30 appointment, removal and discharge of its officers, clerks and
20050S0506B1798 - 240 -
1 employes; dividing the Commonwealth into administrative
2 districts for purposes of probation and parole; fixing the
3 salaries of members of the board and of certain other officers
4 and employes thereof; making violations of certain provisions of
5 this act misdemeanors; providing penalties therefor; and for
6 other cognate purposes, and making an appropriation."
7 Section 5 of the act of August 13, 1963 (P.L.774, No.390),
8 entitled "An act authorizing courts to permit certain prisoners
9 to leave jail during reasonable and necessary hours for
10 occupational, scholastic or medical purposes; conferring powers
11 and imposing duties upon courts, county commissioners and
12 sheriffs and other persons in charge of a jail or workhouse."
13 Act of December 27, 1965 (P.L.1237, No.502), entitled "An act
14 establishing regional correctional facilities administered by
15 the Bureau of Correction as part of the State correctional
16 system; establishing standards for county jails, and providing
17 for inspection and classification of county jails and for
18 commitment to State correctional facilities and county jails."
19 Act of March 21, 1986 (P.L.64, No.19), known as the Private
20 Prison Moratorium and Study Act.
21 CHAPTERS 3, 5, 9 AND 11 OF THE ACT OF JULY 1, 1990 (P.L.315, <--
22 NO.71), KNOWN AS THE PRISON FACILITIES IMPROVEMENT ACT.
23 Section 6. The following shall apply:
24 (1) Except as otherwise provided in 61 Pa.C.S. Pts. I,
25 II, III, IV and V, all activities initiated under any of the
26 acts identified in section 5 of this act shall continue and
27 remain in full force and effect and may be completed under 61
28 Pa.C.S. Pts. I, II, III, IV and V. Resolutions, orders,
29 regulations, rules and decisions which were made under any of
30 the acts identified in section 5 of this act and which are in
20050S0506B1798 - 241 -
1 effect on the effective date of this section shall remain in
2 full force and effect until revoked, vacated or modified
3 under 61 Pa.C.S. Pts. I, II, III, IV and V. Contracts,
4 obligations and agreements entered into under any of the acts
5 identified in section 5 of this act are not affected nor
6 impaired by the continuation of the acts and parts of acts
7 identified in section 5.
8 (2) Any difference in language between 61 Pa.C.S. Pts.
9 I, II, III, IV and V and the acts identified in section 5 of
10 this act is intended only to conform to the style of the
11 Pennsylvania Consolidated Statutes and is not intended to
12 change or affect the legislative intent, judicial
13 construction or administrative interpretation and
14 implementation of those acts, except as follows:
15 (i) 61 Pa.C.S. Part I.
16 (ii) 61 Pa.C.S. § 3101. <--
17 (II) 61 PA.C.S. § 3104(F). <--
18 (iii) The definition of "motivational boot camp" in
19 61 Pa.C.S. § 3703 § 3903, BY DELETING AN OBSOLETE <--
20 REFERENCE TO VENTILATION THERAPY.
21 (iv) 61 Pa.C.S. § 5903, BY ADDING A REFERENCE TO <--
22 CIVILIAN CLOTHING TO CONFORM TO DEPARTMENT OF CORRECTIONS
23 POLICY.
24 Section 7. (a) The repeals in this section are necessary to
25 effectuate this act.
26 (b) The following acts and parts of acts are repealed:
27 Act of March 29, 1819 (P.L.232, No.146), entitled "An act to
28 prevent the coroner of Philadelphia county from holding inquests
29 in certain cases, and for other purposes."
30 Act of January 17, 1831 (P.L.12, No.12), entitled "A further
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1 supplement to an act, entitled, An act to reform the penal laws
2 of this Commonwealth."
3 Act of April 14, 1835 (P.L.232, No.140), entitled "A
4 supplement to the act entitled 'An act to provide for the
5 erection of a new prison and a debtors' apartment within the
6 city and county of Philadelphia, and for the sale of the county
7 prison in Walnut street in said city.'"
8 Act of February 8, 1842 (P.L.12, No.10), entitled "A
9 supplement to an act entitled 'An act relating to the prison of
10 the county of Chester,' approved February first, one thousand
11 eight hundred and thirty-nine, and relative to the Dauphin
12 county prison."
13 Section 5 of the act of April 16, 1845 (P.L.507, No.342),
14 entitled "An act to provide for the ordinary expenses of the
15 government, repair of the canals and railroads of the state, and
16 other claims upon the commonwealth."
17 Act of January 4, 1856 (P.L.711, No.661), entitled "A further
18 supplement to an act, entitled 'An act to provide for the
19 erection of a new prison and debtors' apartment within the city
20 and county of Philadelphia, and for the sale of the county
21 prison in Walnut street in the said city,' approved April
22 fourteenth, one thousand eight hundred thirty-five."
23 Act of April 18, 1857 (P.L.253, No.295), entitled "A further
24 supplement to an act to Reform the Penal Laws of this
25 Commonwealth, approved the seventeenth day of January, Anno
26 Domini one thousand eight hundred and thirty-one."
27 Act of May 1, 1861 (P.L.528, No.491), entitled "An act
28 granting further Powers to the Inspectors of the Philadelphia
29 County Prison."
30 Act of April 17, 1867 (P.L.87, No.68), entitled "An act to
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1 authorize the Governor to appoint a person to visit prisons and
2 almshouses."
3 Act of June 2, 1871 (P.L.1301, No.1209), entitled "An act to
4 establish and maintain for the city of Philadelphia, a house of
5 correction, employment and reformation for adults and minors."
6 Act of June 8, 1874 (P.L.278, No.163), entitled "An act
7 relating to prison inspectors and regulating prisons."
8 Act of June 13, 1883 (P.L.112, No.99), entitled "An act to
9 abolish the contract system in the prisons and reformatory
10 institutions of the State of Pennsylvania, and to regulate the
11 wages of the inmates."
12 Act of June 20, 1883 (P.L.125, No.110), entitled "An act to
13 require a brand upon all goods, wares, merchandise or other
14 article or thing made for sale by convict labor in any
15 penitentiary, reformatory prison, school or other establishment
16 in which convict labor is employed."
17 Act of May 9, 1889 (P.L.154, No.170), entitled "An act
18 authorizing and empowering boards of prison inspectors, in
19 counties where such boards exist, to fix the salaries of deputy
20 wardens, keepers and other persons employed in and about the
21 jails of such counties."
22 Act of June 26, 1895 (P.L.377, No.269), entitled "An act
23 authorizing the erection of work-houses in the several counties
24 of this Commonwealth."
25 Act of May 11, 1897 (P.L.49, No.41), entitled "An act
26 relating to appointment of Prison Commissioners in counties of
27 the Commonwealth having over one hundred and fifty thousand
28 population."
29 Act of June 22, 1897 (P.L.182, No.150), entitled "A
30 supplement to an act, entitled 'An act for the punishment of
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1 cruelty to animals in this Commonwealth,' approved the twenty-
2 ninth day of March, one thousand eight hundred and sixty-nine,
3 requiring the keepers or persons in charge of all jails, lock-
4 ups and station-houses within the Commonwealth to receive all
5 persons arrested for any violation of the provisions of said
6 act."
7 Act of April 28, 1899 (P.L.89, No.75), entitled "An act
8 authorizing the employment of male prisoners of the jails and
9 workhouses of this Commonwealth, and regulating the same, and
10 providing a penalty for an escape of prisoners while employed
11 outside of said jails or workhouses."
12 Act of March 20, 1903 (P.L.45, No.48), entitled "An act to
13 make active or visiting committees, of societies incorporated
14 for the purpose of visiting and instructing prisoners, official
15 visitors of penal and reformatory institutions."
16 Act of May 25, 1907 (P.L.247, No.191), entitled "An act
17 authorizing the employment of male prisoners of the jails, and
18 workhouses of this Commonwealth upon the public highways of the
19 several counties, and regulating the same; and providing for the
20 establishment of Prison Boards, the purchase of material and
21 tools, and employment of deputies, at the expense of the proper
22 county, and a penalty for the escape of prisoners while employed
23 outside of said jails, workhouses."
24 Act of April 23, 1909 (P.L.141, No.92), entitled "An act
25 providing for the use of borough and township lockups and city
26 or county prisons, for the detention of prisoners arrested by
27 sheriffs, constables, members of the State constabulary, or
28 other persons authorized by the laws of the Commonwealth to make
29 arrests, and entitling boroughs, townships, and cities to
30 receive remuneration for the same."
20050S0506B1798 - 245 -
1 Act of May 14, 1909 (P.L.838, No.656), entitled "An act to
2 define the rights and functions of official visitors of jails,
3 penitentiaries, and other penal or reformatory institutions, and
4 providing for their removal."
5 Act of May 11, 1911 (P.L.274, No.176), entitled "An act to
6 prohibit the bringing into prisons of all weapons or other
7 implements which may be used to injure any convict or person, or
8 in assisting any convict to escape punishment, or the selling or
9 furnishing of same to convicts; to prohibit the bringing into
10 prisons of all spirituous or fermented liquors, drugs,
11 medicines, poisons, opium, morphine, or any other kind or
12 character of narcotics; or the giving, selling or furnishing of
13 spirituous or fermented liquor, drugs, medicine, poison, opium,
14 morphine, or any other kind or character of narcotics; or
15 bringing into or taking out letters, notes, money, or contraband
16 goods of any kind, whatsoever; and providing a penalty for the
17 violation thereof."
18 Act of June 7, 1911 (P.L.677, No.268), entitled "An act
19 providing for the payment of the costs of proceedings and the
20 expenses of maintaining prisoners committed to county prisons,
21 either for non-payment of fines or penalties imposed for, or
22 while awaiting a hearing upon, any charge for the violation of
23 any city or borough ordinance, or any ordinance of townships of
24 the first class, by the city, borough, or township of the first
25 class whose ordinances are alleged to have been violated, or to
26 which any such fines or penalties are payable."
27 Act of June 19, 1911 (P.L.1059, No.813), referred to as the
28 County Jail and Workhouse Parole Law.
29 Act of May 28, 1913 (P.L.363, No.247), entitled "An act
30 regulating the discharge of prisoners on parole, from the penal
20050S0506B1798 - 246 -
1 institutions of the Commonwealth."
2 Act of June 19, 1913 (P.L.532, No.340), entitled "A
3 supplement to an act approved the nineteenth day of June, one
4 thousand nine hundred eleven, entitled 'An act authorizing the
5 release on probation of certain convicts, instead of imposing
6 sentences; the appointment of probation and parole officers, and
7 the payment of their salaries and expenses; regulating the
8 manner of sentencing convicts in certain cases, and providing
9 for their release on parole; their conviction of crime during
10 parole, and their re-arrest and reconviction for breach of
11 parole; and extending the powers and duties of boards of prison
12 inspectors of penitentiaries.'"
13 Act of July 22, 1913 (P.L.912, No.437), entitled "An act
14 providing for the payment of the costs incurred in the trial of
15 convicts and prisoners escaping, or attempting to escape, from
16 the several penitentiaries and reformatories of the Commonwealth
17 of Pennsylvania, by the respective counties from whose courts
18 the said escaping convicts or prisoners have been committed; and
19 providing for the maintenance of such convicts under sentence
20 for escape, et cetera."
21 Section 9 of the act of July 25, 1913 (P.L.1311, No.816),
22 entitled "An act providing for the establishment of a State
23 Industrial Home for Women; authorizing the purchase of a site,
24 and the erection thereon and equipment of necessary buildings;
25 providing for the commitment to said State Industrial Home for
26 Women of females between the ages of sixteen and thirty years,
27 convicted of, or pleading guilty to, the commission of any
28 criminal offense; and providing for the government and
29 management of said institution; and making an appropriation to
30 carry out the purposes of this act."
20050S0506B1798 - 247 -
1 Act of May 24, 1917 (P.L.283, No.150), entitled "An act
2 fixing the residence of the warden of the county jail or prison,
3 in counties of this Commonwealth where the government of such
4 jail or prison is or may hereafter be vested in a prison board."
5 Act of July 17, 1917 (P.L.1036, No.337), entitled "A Joint
6 Resolution authorizing the authorities having control and
7 supervision of county jails and prisons to permit the employment
8 of inmates thereof on county or almshouse farms; exempting
9 wardens and keepers from liability in certain cases for
10 escapes."
11 Act of July 19, 1917 (P.L.1117, No.378), entitled "An act
12 providing for the establishment, in cities of the first class,
13 of a house or houses of detention for witnesses and untried
14 prisoners; for the commitment of such prisoners and witnesses
15 thereto; and for the payment of the cost of establishing and
16 maintaining the same by the county wherein said cities are
17 situated."
18 Act of May 31, 1919 (P.L.356, No.170), entitled, as amended,
19 "An act authorizing courts of record to remove convicts and
20 persons confined in jails, workhouses, reformatories, reform or
21 industrial schools, penitentiaries, prisons, houses of
22 correction or any other penal institutions, who are seriously
23 ill, to other institutions; and providing penalties for breach
24 of prison."
25 Act of May 10, 1921 (P.L.433, No.209), entitled "An act
26 providing for the sentencing of certain criminals to
27 reformatories or houses of correction in counties of the first
28 class."
29 Act of May 16, 1921 (P.L.579, No.262), referred to as the
30 County Prison Board Law.
20050S0506B1798 - 248 -
1 Act of May 19, 1923 (P.L.271, No.172), entitled "An act
2 providing a system of employment and compensation for the
3 inmates of county jails and prisons."
4 Act of June 14, 1923 (P.L.775, No.306), entitled "An act to
5 provide for the physical welfare of all persons confined
6 (whether such persons be tried or untried prisoners) in any
7 penitentiary or county prison in this Commonwealth."
8 Act of July 11, 1923 (P.L.1044, No.425), referred to as the
9 Prisoner Transfer Law.
10 Act of April 27, 1927 (P.L.414, No.270), entitled, as
11 amended, "An act providing for a system of recording the
12 identification of persons convicted of crime, and of fugitives
13 from justice, and habitual criminals; conferring powers and
14 imposing duties upon the Pennsylvania State Police, district
15 attorneys, police officers, wardens or keepers of jails,
16 prisons, workhouses, or other penal institutions, and sheriffs;
17 providing for the payment of certain expenses by the counties;
18 and imposing penalties."
19 Sections 903-B and 904-B of the act of April 9, 1929
20 (P.L.177, No.175), known as The Administrative Code of 1929.
21 Act of May 1, 1929 (P.L.1182, No.414), entitled "An act
22 providing the procedure and the powers of the State Board of
23 Pardons and boards of trustees of penitentiaries where prisoners
24 released on parole violate the terms of such parole; and fixing
25 the penalty for such violation."
26 Act of May 1, 1929 (P.L.1184, No.416), entitled "An act
27 conferring and imposing certain powers and duties upon the State
28 Board of Pardons with respect to inmates of State penal and
29 correctional institutions released on parole."
30 Act of May 20, 1931 (P.L.138, No.99), entitled "An act
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1 permitting the sale of prison made goods, in counties of the
2 first class, to such counties and to cities and school districts
3 and to political subdivisions of such counties and to certain
4 institutions therein; permitting contracts for such sales and
5 purchases, without advertising or competitive bidding;
6 permitting payment of compensation to inmates; and repealing
7 inconsistent laws."
8 Act of June 12, 1931 (P.L.512, No.166), referred to as the
9 Industrial Farms and Workhouses Law.
10 Act of June 22, 1931 (P.L.864, No.280), entitled "An act
11 making a convict whose minimum sentence exceeds one-half of the
12 maximum sentence eligible to apply for release on parole when
13 said convict has served or will have served one-half his maximum
14 sentence."
15 Act of June 21, 1939 (P.L.660, No.307), entitled, as amended,
16 "An act providing for the return of escaped prisoners and
17 convicts after apprehension, to the penitentiary or state
18 institution from which they escape, by the agents of the
19 Department of Justice or the Pennsylvania State Police, and
20 requiring the penitentiary or state institution to defray the
21 expenses thereof."
22 Act of August 6, 1941 (P.L.861, No.323), referred to as the
23 Pennsylvania Board of Probation and Parole Law.
24 Act of May 17, 1945 (P.L.628, No.268), entitled "An act
25 requiring boards of prison inspectors in counties of the fourth
26 class to pay the premiums on all bonds required of employes
27 appointed by the board."
28 Act of May 11, 1949 (P.L.1191, No.359), entitled "An act for
29 the government, management and control of county jails and
30 prisons in counties of sixth, seventh and eighth classes."
20050S0506B1798 - 250 -
1 Article XXX-A of the act of July 28, 1953 (P.L.723, No.230),
2 known as the Second Class County Code.
3 Act of December 13, 1955 (P.L.829, No.240), entitled "An act
4 authorizing the commitment to the Department of Public Welfare
5 in any city of the first class persons convicted of crimes and
6 sentences by courts situate within such city to a city or county
7 penal institution, where such Department has established a
8 correctional, diagnostic and classification service, and
9 authorizing the transfer of prisoners between such institutions
10 by the Department."
11 Act of December 13, 1955 (P.L.841, No.246), entitled "An act
12 authorizing cooperative return of parole and probation violators
13 and the making of contracts or deputization of persons pursuant
14 thereto."
15 Act of August 6, 1963 (P.L.521, No.277), entitled "An act
16 providing that probation officers shall have the power of peace
17 officers in the performance of their duties."
18 Act of August 13, 1963 (P.L.774, No.390), entitled "An act
19 authorizing courts to permit certain prisoners to leave jail
20 during reasonable and necessary hours for occupational,
21 scholastic or medical purposes; conferring powers and imposing
22 duties upon courts, county commissioners and sheriffs and other
23 persons in charge of a jail or workhouse."
24 Act of December 22, 1965 (P.L.1189, No.472), entitled "An act
25 establishing a correctional facility for criminological
26 diagnosis, classification, social and psychological treatment
27 and research, medical treatment and staff training."
28 Act of December 27, 1965 (P.L.1237, No.502), entitled "An act
29 establishing regional correctional facilities administered by
30 the Bureau of Correction as part of the State correctional
20050S0506B1798 - 251 -
1 system; establishing standards for county jails, and providing
2 for inspection and classification of county jails and for
3 commitment to State correctional facilities and county jails."
4 Act of July 16, 1968 (P.L.351, No.173), referred to as the
5 Prisoner Pre-release Plan Law.
6 Act of December 22, 1969 (P.L.394, No.175), entitled "An act
7 providing for the establishment, operation and maintenance of
8 detention facilities for certain persons by adjoining counties
9 on approval by the Bureau of Correction."
10 Act of October 16, 1972 (P.L.913, No.218), entitled "An act
11 establishing regional community treatment centers for women
12 administered by the Bureau of Correction of the Department of
13 Justice as part of the State Correctional System, providing for
14 the commitment of females to such centers and their temporary
15 release therefrom for certain purposes, restricting confinement
16 of females in county jails and conferring powers and duties upon
17 the Department of Justice and the Bureau of Correction."
18 Act of December 30, 1974 (P.L.1075, No.348), known as the
19 Interstate Corrections Compact.
20 Act of March 21, 1986 (P.L.64, No.19), known as the Private
21 Prison Moratorium and Study Act.
22 Act CHAPTERS 3, 5, 9 AND 11 OF THE ACT of July 1, 1990 <--
23 (P.L.315, No.71), known as the Prison Facilities Improvement
24 Act.
25 Act of December 7, 1990 (P.L.615, No.156), known as the
26 Official Visitation of Prisons Act.
27 Act of December 19, 1990 (P.L.1391, No.215), known as the
28 Motivational Boot Camp Act.
29 Act of December 27, 1994 (P.L.1354, No.158), known as the
30 County Probation and Parole Officers' Firearm Education and
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1 Training Law.
2 Act of May 16, 1996 (P.L.220, No.40), known as the Prison
3 Medical Services Act.
4 Act of June 18, 1998 (P.L.622, No.80), entitled "An act
5 providing for a procedure and method of execution; and making
6 repeals."
7 Act of December 3, 1998 (P.L.932, No.120), entitled "An act
8 requiring all prison inmates to wear identifiable prison
9 uniforms while incarcerated."
10 Act of June 19, 2002 (P.L.377, No.56), known as the
11 Interstate Compact for the Supervision of Adult Offenders Act.
12 (c) The following acts are also repealed:
13 Act of June 25, 1937 (P.L.2086, No.415), entitled "An act
14 providing for the making of compacts by the Commonwealth with
15 other states for mutual helpfulness in relation to persons on
16 probation or parole; and imposing certain powers and duties on
17 the Governor and the Board of Pardons."
18 Act of July 20, 1968 (P.L.441, No.207), entitled "An act
19 providing for the incarceration of probationers or parolees in
20 certain other states under certain circumstances."
21 (d) The act of December 8, 1959 (P.L.1718, No.632),
22 entitled, as amended, "An act providing for the payment of the
23 salary, medical and hospital expenses of employes of State penal
24 and correctional institutions, State mental hospitals, Youth
25 Development Centers, County Boards of Assistance, and under
26 certain conditions other employes of the Department of Public
27 Welfare, who are injured in the performance of their duties; and
28 providing benefit to their widows and dependents in certain
29 cases," is repealed insofar as it relates to employees of State
30 correctional institutions as that term is defined in 61 Pa.C.S.
20050S0506B1798 - 253 -
1 § 102 (relating to definitions).
2 Section 8. A reference in any act or part of an act to:
3 (1) A parole agent of a county shall be deemed a
4 reference to a probation officer.
5 (2) A parole officer of the State shall be deemed a
6 reference to a parole agent.
7 (3) The County Probation and Parole Officers' Firearm
8 Education and Training Program shall be deemed a reference to
9 the County Probation Officers' Firearm Education and Training
10 Program.
11 (4) The County Probation and Parole Officers' Firearm
12 Education and Training Fund shall be deemed a reference to
13 the County Probation Officers' Firearm Education and Training
14 Fund.
15 Section 9. The County Probation Officers' Firearm Education
16 and Training Commission is a continuation of the County
17 Probation and Parole Officers' Firearm Education and Training
18 Commission.
19 Section 10. The County Probation Officers' Firearm Education
20 and Training Fund is a continuation of the County Probation and
21 Parole Officers' Firearm Education and Training Fund.
22 Section 11. This act shall take effect as follows:
23 (1) Section 7(c) of this act shall take effect on the
24 date that the Interstate Compact for the Supervision of Adult
25 Offenders becomes effective and operative between this State
26 and any other state or states in accordance with 61 Pa.C.S. §
27 7113.
28 (2) The remainder of this act shall take effect
29 immediately.
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