PRIOR PRINTER'S NOS. 539, 1487, 1798 PRINTER'S NO. 1883
No. 506 Session of 2005
INTRODUCED BY GREENLEAF, COSTA, O'PAKE, STOUT, THOMPSON, PILEGGI, TOMLINSON, KITCHEN AND M. WHITE, MARCH 29, 2005
AS AMENDED ON SECOND CONSIDERATION, JUNE 19, 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, inmate labor, medical 12 services, visitation, motivational boot camp, execution 13 procedure and method, miscellaneous matters relating thereto, 14 probation and parole generally, the Pennsylvania Board of 15 Probation and Parole, County Probation and Parole Agents' 16 Firearm Education and Training, and correctional institution 17 interstate compacts; and making repeals relating to 18 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. 20050S0506B1883 - 2 -
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 OFFENSES. <--
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. 20050S0506B1883 - 4 -
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. 20050S0506B1883 - 5 -
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 20050S0506B1883 - 6 -
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. 20050S0506B1883 - 7 -
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. 20050S0506B1883 - 8 -
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. 20050S0506B1883 - 9 -
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) When a person has been sentenced to undergo 20050S0506B1883 - 10 -
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 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 20050S0506B1883 - 11 -
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 the chief 29 administrator of another county correctional institution for the 30 employment of the prisoner in the other's county and while so 20050S0506B1883 - 12 -
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 20050S0506B1883 - 13 -
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 20050S0506B1883 - 14 -
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 20050S0506B1883 - 15 -
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 20050S0506B1883 - 16 -
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 20050S0506B1883 - 17 -
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 20050S0506B1883 - 18 -
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 20050S0506B1883 - 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 20050S0506B1883 - 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 20050S0506B1883 - 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 20050S0506B1883 - 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 20050S0506B1883 - 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 20050S0506B1883 - 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 20050S0506B1883 - 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 20050S0506B1883 - 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 20050S0506B1883 - 27 -
1 Sec. 2 9911. Definitions. 3 9912. Supervisory relationship to offenders. 4 9913. Peace officer power for probation officers. 5 § 9911. Definitions. 6 The following words and phrases when used in this subchapter 7 shall have the meanings given in this section unless the context 8 clearly indicates otherwise: 9 "ARD." Accelerated Rehabilitative Disposition. 10 "Conditions of supervision." Any terms or conditions of an 11 offender's supervision whether imposed by the court or an 12 officer, including compliance with all requirements of Federal, 13 State and local law. 14 "Contraband." Any item that an offender is not permitted to 15 possess under the conditions of supervision, including any item 16 whose possession is forbidden by any Federal, State or local 17 law. 18 "Court." The court of common pleas or any judge thereof, the 19 Philadelphia Municipal Court or any judge thereof, the 20 Pittsburgh Magistrates Court or any judge thereof or any 21 magisterial district judge. 22 "Exigent circumstances." The term includes, but is not 23 limited to, suspicion that contraband or other evidence of 24 violations of the conditions of supervision might be destroyed 25 or suspicion that a weapon might be used. Exigent circumstances 26 always exist with respect to a vehicle. 27 "Offender." A person released on county probation, 28 intermediate punishment or county parole. The term shall not 29 include any person serving a period of probation pursuant to 30 Accelerated Rehabilitative Disposition, except as authorized 20050S0506B1883 - 28 -
1 under section 6362(b)(relating to supervisory relationship to 2 offenders). 3 "Officer." A probation or parole officer appointed or 4 employed by any court or by any county department of probation 5 and parole to supervise persons released on county probation or 6 parole. 7 "Personal search." A warrantless search of an offender's 8 person, including, but not limited to, the offender's clothing 9 and any personal property which is in the possession, within the 10 reach or under the control of the offender. 11 "Property search." A warrantless search of real property, 12 vehicle or personal property which is in the possession or under 13 the control of an offender. 14 "Real property." Any residence or business property of an 15 offender, including all portions of the property to which the 16 offender has access. 17 "Supervisor." An individual acting in a supervisory or 18 administrative capacity. 19 § 9912. Supervisory relationship to offenders. 20 (a) General rule.--Officers are in a supervisory 21 relationship with their offenders. The purpose of this 22 supervision is to assist the offenders in their rehabilitation 23 and reassimilation into the community and to protect the public. 24 (b) Searches and seizures authorized.-- 25 (1) Officers and, where they are responsible for the 26 supervision of county offenders, State parole agents may 27 search the person and property of offenders in accordance 28 with the provisions of this section. 29 (2) (i) Officers may search, in accordance with the 30 provisions of this section, the person and property of 20050S0506B1883 - 29 -
1 any offender who accepts ARD as a result of a charge of a 2 violation of 18 Pa.C.S. Ch. 31 (relating to sexual 3 offenses) if the court has determined that the offender 4 shall be subject to personal and property searches as a 5 condition of the offender's participation in the ARD 6 program. 7 (ii) The court shall notify each offender so offered 8 ARD, prior to admission to an ARD program, that the 9 offender shall be subject to searches in accordance with 10 this section. 11 (iii) Nothing in this section shall be construed to 12 permit searches or seizures in violation of the 13 Constitution of the United States or section 8 of Article 14 I of the Constitution of Pennsylvania. 15 (c) Effect of violation.--No violation of this section shall 16 constitute an independent ground for suppression of evidence in 17 any probation and parole or criminal proceeding. 18 (d) Grounds for personal search.-- 19 (1) A personal search of an offender may be conducted by 20 an officer: 21 (i) if there is a reasonable suspicion to believe 22 that the offender possesses contraband or other evidence 23 of violations of the conditions of supervision; 24 (ii) when an offender is transported or taken into 25 custody; or 26 (iii) upon an offender entering or leaving the 27 securing enclosure of a correctional institution, jail or 28 detention facility. 29 (2) A property search may be conducted by an officer if 30 there is reasonable suspicion to believe that the real or 20050S0506B1883 - 30 -
1 other property in the possession of or under the control of 2 the offender contains contraband or other evidence of 3 violations of the conditions of supervision. 4 (3) Prior approval of a supervisor shall be obtained for 5 a property search absent exigent circumstances. No prior 6 approval shall be required for a personal search. 7 (4) A written report of every property search conducted 8 without prior approval shall be prepared by the officer who 9 conducted the search and filed in the offender's case record. 10 The exigent circumstances shall be stated in the report. 11 (5) The offender may be detained if he is present during 12 a property search. If the offender is not present during a 13 property search, the officer in charge of the search shall 14 make a reasonable effort to provide the offender with notice 15 of the search, including a list of the items seized, after 16 the search is completed. 17 (6) The existence of reasonable suspicion to search 18 shall be determined in accordance with constitutional search 19 and seizure provisions as applied by judicial decision. In 20 accordance with such case law, the following factors, where 21 applicable, may be taken into account: 22 (i) The observations of officers. 23 (ii) Information provided by others. 24 (iii) The activities of the offender. 25 (iv) Information provided by the offender. 26 (v) The experience of the officers with the 27 offender. 28 (vi) The experience of officers in similar 29 circumstances. 30 (vii) The prior criminal and supervisory history of 20050S0506B1883 - 31 -
1 the offender.
2 (viii) The need to verify compliance with the
3 conditions of supervision.
4 (e) Nonresident offenders.--No officer shall conduct a
5 personal or property search of an offender who is residing in a
6 foreign state except for the limited purposes permitted under
7 the Interstate Compact for the Supervision of Parolees and
8 Probationers. The offender is held accountable to the rules of
9 both the sending state and the receiving state. Any personal or
10 property search of an offender residing in another state shall
11 be conducted by an officer of the receiving state.
12 (f) When authority is effective.--The authority granted to
13 the officers under this section shall be effective upon
14 enactment of this section, without the necessity of any further
15 regulation by the board.
16 § 9913. Peace officer power for probation officers.
17 An officer is declared to be a peace officer and shall have
18 police powers and authority throughout this Commonwealth to
19 arrest with or without warrant, writ, rule or process any person
20 on probation, intermediate punishment or parole under the
21 supervision of the court for failing to report as required by
22 the terms of that person's probation, intermediate punishment or
23 parole or for any other violation of that person's probation,
24 intermediate punishment or parole.
25 Section 4. The heading of Title 61 is amended and the title
26 is amended by adding parts to read:
27 TITLE 61
28 [PENAL AND CORRECTIONAL INSTITUTIONS]
29 PRISONS AND PAROLE
30 PART I
20050S0506B1883 - 32 -
1 GENERAL PROVISIONS 2 Chapter 3 1. Preliminary Provisions 4 CHAPTER 1 5 PRELIMINARY PROVISIONS 6 Sec. 7 101. Short title of title. 8 102. Definitions. 9 § 101. Short title of title. 10 This title shall be known and may be cited as the Prisons and 11 Parole Code. 12 § 102. Definitions. 13 The following words and phrases when used in this title shall 14 have the meanings given to them in this section unless the 15 context clearly indicates otherwise: 16 "Board." The Pennsylvania Board of Probation and Parole. 17 "Chief administrator." The warden, superintendent or other 18 officer in charge of a correctional institution. 19 "Correctional institution." A State correctional institution 20 or a county correctional institution. 21 "Corrections officer." A person employed at a correctional 22 institution to provide any security or custodial service for 23 inmates. 24 "County correctional institution." A correctional facility, 25 prison or jail owned or operated by a county. 26 "Department." The Department of Corrections of the 27 Commonwealth. 28 "Inmate." A person committed to a term of imprisonment or 29 otherwise confined under the custody of the Commonwealth or a 30 county in a correctional institution in accordance with law. 20050S0506B1883 - 33 -
1 "Secretary." The Secretary of Corrections of the 2 Commonwealth. 3 "State correctional institution." A correctional facility, 4 prison or jail owned or operated by the Commonwealth. 5 PART II 6 CORRECTIONAL INSTITUTIONS 7 Chapter 8 11. General Administration 9 13. (Reserved) 10 15. (Reserved) 11 17. County Correctional Institutions 12 CHAPTER 11 13 GENERAL ADMINISTRATION 14 Subchapter 15 A. Penal Operations and Procedures 16 B. Inmate Transfers 17 C. Escaped Inmates 18 SUBCHAPTER A 19 PENAL OPERATIONS AND PROCEDURES 20 Sec. 21 1101. Benefits to injured employees of State correctional 22 institutions. 23 1102. Correctional facility for criminological diagnosis. 24 1103. Recording system for identification of criminal 25 offenders. 26 § 1101. Benefits to injured employees of State correctional 27 institutions. 28 (a) General rule.--An employee of a State correctional 29 institution who is injured during the course of that employment 30 by an act of an inmate or by any person who has been committed 20050S0506B1883 - 34 -
1 to the State correctional institution by any court of the 2 Commonwealth or by any provision of the act of July 9, 1976 3 (P.L.817, No.143), known as the Mental Health Procedures Act, 4 shall be paid by the Commonwealth the employee's full salary 5 until the disability arising from the injury no longer prevents 6 the employee's return as an employee of the department at a 7 salary equal to that earned by the employee at the time of the 8 injury. 9 (b) Medical and hospital expenses.--All medical and hospital 10 expenses incurred in connection with an injury described in 11 subsection (a) shall be paid by the Commonwealth until the 12 disability arising from the injury no longer prevents the 13 employee's return as an employee of the department at a salary 14 equal to that earned by the employee at the time of the injury. 15 (c) Workers' compensation.--During the time salary for an 16 injury described in subsection (a) shall be paid by the 17 Commonwealth, any workers' compensation received or collected 18 for the period shall be turned over to the Commonwealth and paid 19 into the General Fund. If such payment is not made, the amount 20 due the Commonwealth shall be deducted from any salary then or 21 thereafter becoming due and owing to the employee. 22 (d) Survivor benefits.-- 23 (1) The surviving spouse and minor dependents of an 24 employee who dies within one year as a result of an injury 25 described in subsection (a) shall be paid benefits equal to 26 50% of the full salary of the deceased employee. 27 (2) (i) When a surviving spouse and minor dependents 28 not in the custody of the surviving spouse are entitled 29 to payments, 50% of the payments shall be paid to the 30 surviving spouse and 50% to the dependents. 20050S0506B1883 - 35 -
1 (ii) In every case the amount payable to minor 2 dependents shall be divided equally among them and be 3 paid to the persons or institutions having custody of 4 them. 5 (3) (i) In the case of a surviving spouse or a 6 surviving spouse with minor dependents in the custody of 7 the surviving spouse, the benefits shall terminate when 8 the surviving spouse remarries. 9 (ii) In the case of minor dependents, except when in 10 the custody of a remarried surviving spouse, the benefits 11 shall terminate when all of the minor dependents become 12 18 years of age. 13 (iii) Neither a surviving spouse nor minor 14 dependents shall receive any benefits under this section 15 while receiving benefits under the Social Security Act 16 (49 Stat. 620, 42 U.S.C. § 301 et seq.). 17 (4) The benefits provided under this subsection shall be 18 reduced by the amount of any workers' compensation benefits 19 received or collected by the surviving spouse or minor 20 dependents because of the same injury. 21 (5) Payments for the benefit of minor dependents shall 22 be made to the person having legal custody of them. 23 (e) Effect of injury on leave of absence.--No absence from 24 duty of any State employee to whom this section applies by 25 reason of any injury described in subsection (a) shall in any 26 manner be deducted from any period of leave allowed the employee 27 by law or by regulation. 28 § 1102. Correctional facility for criminological diagnosis. 29 (a) Establishment.--There is hereby established a 30 correctional facility for criminological diagnosis, 20050S0506B1883 - 36 -
1 classification, social and psychological treatment and research, 2 medical treatment and staff training. 3 (b) Operation and management.--The department shall operate 4 and manage the correctional facility established under this 5 section, including staff training and the treatment, care, 6 maintenance, employment and rehabilitation of the inmates in 7 that facility. 8 § 1103. Recording system for identification of criminal 9 offenders. 10 (a) General rule.--The Pennsylvania State Police shall 11 continue to procure and file for record photographs, pictures, 12 descriptions, fingerprints and such other information pertaining 13 to all persons who have been convicted of a criminal offense 14 within this Commonwealth and also of all well-known and habitual 15 criminal offenders, wherever they may be procured. 16 (b) Cooperation from chief administrators.--Chief 17 administrators of correctional facilities shall furnish to the 18 Pennsylvania State Police, upon request, the fingerprints, 19 photographs and description of any inmate. 20 (c) Fingerprinting and photographing authorized.-- 21 (1) The Pennsylvania State Police, chief administrators 22 of correctional facilities and all police officers within the 23 several political subdivisions of this Commonwealth may take 24 or cause to be taken the fingerprints or photographs of any 25 person in custody, charged with the commission of a criminal 26 offense or reasonably believed to be a fugitive from justice 27 or a habitual criminal. This paragraph shall not apply to 28 persons charged with a violation of 75 Pa.C.S. (relating to 29 vehicles) which is punishable upon conviction in a summary 30 proceeding unless the person is reasonably believed to be a 20050S0506B1883 - 37 -
1 fugitive from justice or a habitual criminal. 2 (2) The chiefs of law enforcement bureaus of all cities 3 within this Commonwealth shall furnish daily to the 4 Pennsylvania State Police copies of the fingerprints and, if 5 possible, photographs of any person arrested within their 6 jurisdiction charged with the commission of a criminal 7 offense classified as a felony of any degree, or who is 8 reasonably believed to be a fugitive from justice or a 9 habitual criminal. Such fingerprints shall be taken on forms 10 furnished or approved by the Pennsylvania State Police. 11 (3) The Pennsylvania State Police immediately upon the 12 receipt of records under this subsection shall compare them 13 with those already in their files and, if they find that any 14 person arrested has a previous criminal record or is a 15 fugitive from justice, shall immediately inform the arresting 16 officer or the officer having the inmate in charge of that 17 fact. 18 (d) Cooperation outside this Commonwealth.--The Pennsylvania 19 State Police shall cooperate with agencies of other states and 20 of the United States having similar powers to develop and carry 21 on a complete interstate, national and international system of 22 criminal identification and investigation and also to furnish, 23 upon request, any information in its possession concerning any 24 person charged with a criminal offense to any court, district 25 attorney or police officer of this Commonwealth, another state 26 or the United States. 27 (e) District attorneys may employ experts.-- 28 (1) District attorneys may employ experts on 29 fingerprints to assist them in the investigation of pending 30 cases and to testify at the trial thereof. The compensation 20050S0506B1883 - 38 -
1 of any such expert shall be fixed by the district attorney 2 employing the expert, with the approval of the court of 3 common pleas, and shall be paid from the county treasury upon 4 warrant of the county commissioners in the usual manner. 5 (2) The district attorney of any county, the chief 6 administrator of a county correctional institution, any 7 expert employed by the district attorney or any other person 8 designated by the district attorney may, upon the written 9 order of the district attorney, take the fingerprints of any 10 person confined in the county correctional institution for 11 use in the identification of the inmate or for the inmate's 12 trial. 13 (3) (i) The district attorneys of the several counties 14 shall keep and arrange files of the fingerprints, taken 15 under this section, of persons convicted of a criminal 16 offense and shall destroy the fingerprints of all persons 17 acquitted. 18 (ii) The files of fingerprints maintained by the 19 district attorneys shall be open to the inspection of any 20 other district attorney of this Commonwealth, or their 21 representatives, or of the Pennsylvania State Police or 22 any sheriff or law enforcement officer. 23 (f) Penalty.-- 24 (1) Neglect or refusal of any person mentioned in this 25 section to make the report required in this section, or to do 26 or perform any other act required to be done or performed in 27 connection with the operation of this section, shall 28 constitute a summary offense. 29 (2) Such neglect or refusal shall also constitute 30 malfeasance in office and subject such person to removal from 20050S0506B1883 - 39 -
1 office. 2 (3) Any person who removes, destroys or mutilates any of 3 the records of the Pennsylvania State Police or of any 4 district attorney shall be guilty of a misdemeanor of the 5 third degree. 6 SUBCHAPTER B 7 INMATE TRANSFERS 8 Sec. 9 1151. General transfer authorization. 10 1152. Transfers to department. 11 1153. Expense of removing certain inmates. 12 1154. Law enforcement use of county correctional institutions. 13 § 1151. General transfer authorization. 14 (a) County to State.--At the request of the chief 15 administrator of a county correctional institution, the 16 secretary or his designee may transfer inmates located in a 17 county correctional institution to the State correctional 18 institution system for such reasons and upon such terms and 19 conditions as the secretary may determine. The secretary or his 20 designee may transfer inmates in the State correctional 21 institution system to the jurisdiction of a county correctional 22 institution system upon such terms and conditions that the 23 secretary or his designee and the chief administrator of the 24 county correctional institution determine to be in the best 25 interests of the Commonwealth. 26 (b) County to county.--An inmate located in a county 27 correctional institution may be transferred to another county 28 correctional institution upon such terms and conditions as the 29 counties may determine. 30 (c) Federal to county or State.--The department and county 20050S0506B1883 - 40 -
1 correctional institutions may contract with the Federal 2 Government for the housing of Federal inmates in correctional 3 facilities. 4 § 1152. Transfers to department. 5 (a) Cities of the first class.--Every person sentenced by 6 any court to a county correctional institution situate in a city 7 of the first class shall be committed to the custody of the 8 department, where the department has established a correctional, 9 diagnostic and classification service for persons convicted of 10 any crime. 11 (b) Duty of department.-- 12 (1) Every person committed to the custody of the 13 department under subsection (a) shall be confined, diagnosed 14 and classified by the department. 15 (2) Upon the completion of the diagnosis and 16 classification, the person shall be placed in the county 17 correctional institution of the city determined to be most 18 appropriate for the service of sentence. 19 (3) In making the determination under paragraph (2), the 20 department shall consider the problem of rehabilitation, 21 security, adequacy of facilities and such other factors as, 22 in its opinion, will serve to promote the rehabilitation of 23 inmates, consistent with the security and protection of the 24 county. 25 (c) Intradepartmental transfers.--The department may 26 transfer between any correctional institutions under its control 27 or supervision an inmate confined and serving in any of those 28 institutions, whether the sentence is imposed before or after 29 the effective date of this section, if the transfer is, in the 30 opinion of the department, consistent with the standards for 20050S0506B1883 - 41 -
1 original placement set forth in subsection (b). 2 § 1153. Expense of removing certain inmates. 3 The expenses of conveying inmates from the several counties 4 of this Commonwealth to the State correctional institutions in 5 the Eastern Region and Western Region shall be paid by the 6 counties from which the inmates may be sent. 7 § 1154. Law enforcement use of county correctional 8 institutions. 9 (a) General rule.--Sheriffs, constables, members of the 10 Pennsylvania State Police and other persons authorized by the 11 laws of this Commonwealth to make arrests shall have the use, 12 for a period not to exceed 48 hours, of borough and township 13 lockups and county correctional institutions for the detention 14 of persons arrested until they can be disposed of according to 15 law, if found necessary by the officer in charge. 16 (b) Reimbursement.-- 17 (1) Boroughs, cities and townships are entitled to 18 receive compensation of not more than $2 per day of 24 hours, 19 for each prisoner detained under subsection (a), from the 20 treasury of the county having jurisdiction over the person 21 detained. 22 (2) This subsection does not apply to counties of the 23 second class. 24 SUBCHAPTER C 25 ESCAPED INMATES 26 Sec. 27 1161. Return of escaped inmates. 28 1162. Escaped inmate costs. 29 1163. Maintenance of escaping inmates under new sentence. 30 1164. Criminal offense during confinement. 20050S0506B1883 - 42 -
1 § 1161. Return of escaped inmates. 2 (a) General rule.--In all cases where an inmate after an 3 escape from a State correctional institution is apprehended or 4 arrested by any officer having authority to make such arrest, 5 the officer shall notify the State correctional institution from 6 which the escape was made. The State correctional institution 7 shall notify the department or the Pennsylvania State Police, 8 who shall immediately send an officer or officers to return the 9 inmate to the State correctional institution. 10 (b) Expenses.--All necessary expenses incurred by the 11 officer or officers in returning an escaped inmate to the State 12 correctional institution shall be borne by the State 13 correctional institution from which the escape was made, which 14 expenses shall be refunded to the county correctional 15 institution or the Pennsylvania State Police whose officer or 16 agent makes the return. 17 § 1162. Escaped inmate costs. 18 (a) County jurisdiction.-- 19 (1) The cost of transporting an escaped inmate under the 20 jurisdiction of the county from the place of capture to any 21 county correctional institution after being sentenced for the 22 escape or for the commission of any crime or offense 23 following such escape and before apprehension, the cost of 24 maintenance while confined in the county correctional 25 institution awaiting trial, as well as the costs of the trial 26 for the violation by an inmate under the jurisdiction of the 27 county under 18 Pa.C.S. § 5121 (relating to escape), or of 28 the trial for crimes and offenses committed after the escape 29 and before apprehension, or of the trial for crimes and 30 offenses committed on the grounds or within the buildings of 20050S0506B1883 - 43 -
1 any county correctional institution, as well as the costs 2 incurred in any proceedings on writs of habeas corpus, coram 3 nobis or other petitions arising out of any escape or crime 4 or the trials therefor or in any appeals of any such 5 proceedings or trials shall in each instance be borne and 6 paid by the respective counties of the Commonwealth from 7 whose courts the inmates were originally committed to any 8 county correctional institution. 9 (2) The county liable for costs under this subsection 10 shall, upon bills rendered by the county paying the costs in 11 the first instance, pay to that county the amount of the 12 costs. 13 (b) State jurisdiction.--The cost of transporting escaped 14 inmates under the jurisdiction of the Commonwealth from the 15 place of capture to any State correctional institution after 16 being sentenced for the escape, or for the commission of any 17 criminal offense following the escape and before apprehension, 18 as well as the costs of the trial for escape or breaking away of 19 inmates from any State correctional institution or the violation 20 by the inmates under the jurisdiction of the Commonwealth under 21 18 Pa.C.S. § 5121, or of the trial for crimes and offenses 22 committed after such escape and before apprehension, or of the 23 trial for crimes and offenses committed on the grounds or within 24 the buildings of any State correctional institution, as well as 25 the costs incurred in any proceedings on writs of habeas corpus, 26 coram nobis or other petitions arising out of any escape or 27 criminal offense or the trials therefor, or in any appeals of 28 any such proceedings or trials, shall in each instance be borne 29 and paid by the Commonwealth. 30 (c) Definition.--As used in this section, the term "costs" 20050S0506B1883 - 44 -
1 includes, but is not limited to, charges for court stenographer, 2 district attorney, witness fees, magisterial district judge, 3 clerk of court, public defender and court-appointed attorney. 4 § 1163. Maintenance of escaping inmates under new sentence. 5 (a) County jurisdiction.--In case of conviction and sentence 6 of an escaping inmate under the jurisdiction of the county, the 7 costs of maintenance of the inmates under such new sentence 8 shall be borne by the county from which the inmate was 9 originally committed. 10 (b) State jurisdiction.--In case of conviction and sentence 11 of an escaping inmate under the jurisdiction of the 12 Commonwealth, the costs of maintenance of the inmate under such 13 new sentence shall be borne by the Commonwealth. 14 (c) Additional police expenses.--Any additional police 15 expenses incurred by a political subdivision as a result of the 16 escape of an inmate under the jurisdiction of the Commonwealth 17 shall be borne by the Commonwealth. 18 § 1164. Criminal offense during confinement. 19 Where an inmate is in a State correctional institution either 20 because of the inmate's sentence pursuant to the inmate's 21 conviction or plea of guilty to a criminal charge or because of 22 a commitment issued by any court of the Commonwealth having 23 jurisdiction and, while so confined, the inmate commits a 24 criminal offense and is subsequently convicted or enters a plea 25 of guilty, the expenses of keeping the inmate in any State 26 correctional institution pursuant to such subsequent conviction 27 or plea of guilty shall be borne by the Commonwealth. 28 CHAPTER 13 29 (RESERVED) 30 CHAPTER 15 20050S0506B1883 - 45 -
1 (RESERVED) 2 CHAPTER 17 3 COUNTY CORRECTIONAL INSTITUTIONS 4 Subchapter 5 A. Counties and Cities of the First Class 6 B. County Jail Oversight Board in Counties of the Second 7 Class and Second Class A 8 C. Other Counties 9 D. Alternative Plan for Certain Counties 10 E. Penal Operations and Procedures 11 F. Joint Detention Centers 12 G. Joint Industrial Farms and Workhouses 13 SUBCHAPTER A 14 COUNTIES AND CITIES OF THE FIRST CLASS 15 Sec. 16 1701. Appropriations for improvements, railroad connection 17 and commitments. 18 1702. Arrest of disorderly minors. 19 1703. Commitment of disorderly minors and appeal. 20 1704. Employment of inmates. 21 1705. Punishment for destroying property. 22 1706. Supplies and reports. 23 1707. Deficiency in maintenance. 24 1708. Habeas corpus. 25 1709. Extension of powers. 26 1710. Annual statement. 27 1710.1. Name of jail and appointment of inspectors. 28 1710.2. Duties of physician. 29 1710.3. Visitors to have permission in writing. 30 1710.4. Treatment of inmates on discharge. 20050S0506B1883 - 46 -
1 1710.5. County of the first class to supply deficiency in 2 furnishing and maintaining prison. 3 1710.6. Inmates sentenced for less than two years to county 4 prison. 5 1710.7. Coroner of first class county not to hold inquests on 6 convicts, except in certain cases. 7 1710.8. Inspectors to discharge inmates. 8 1710.9. Treatment of inmates convicted of capital offenses. 9 1710.10. Cities of the first class. 10 § 1701. Appropriations for improvements, railroad connection 11 and commitments. 12 Whenever the Board of Trustees of the Philadelphia Prison 13 System shall desire to make any additional permanent improvement 14 or purchase additional ground and shall recommend that the same 15 be done, then the city council of the City of Philadelphia shall 16 make all necessary appropriations asked for by the board for the 17 purposes so recommended. The board of the Philadelphia Prison 18 System shall superintend and direct the erection, completion and 19 furnishing of the buildings during the progress of the work. The 20 board may extend from their property a single track railroad 21 along and over such lands as may intervene between their ground 22 and the Philadelphia and Trenton Railroad Company, and connect 23 therewith, provided the railroad company assents thereto (the 24 distance of the road not to exceed 2,000 yards), and to purchase 25 right-of-way over the land to Philadelphia and Trenton Railroad, 26 and to erect wharves upon their property. 27 § 1702. Arrest of disorderly minors. 28 Upon complaint made on oath to any magisterial district judge 29 against a child who is at least 16 years of age and who resides 30 within a city of the first class by the child's parent or 20050S0506B1883 - 47 -
1 guardian or other person standing to the child in place of a 2 parent as being disorderly, the magisterial district judge shall 3 issue a warrant for the apprehension of the offender and cause 4 the offender to be brought before himself or any other 5 magisterial district judge for examination. 6 § 1703. Commitment of disorderly minors and appeal. 7 If a magisterial district judge is satisfied by competent 8 testimony that a person is a disorderly child within the meaning 9 of this subchapter, he shall make up and sign a record of 10 conviction and shall by warrant commit the person to the 11 Philadelphia Prison System. The powers and duties of the Board 12 of Trustees of the Philadelphia Prison System in relation to the 13 children shall be the same in all things as are prescribed as to 14 other minors received by them. The magisterial district judge, 15 in addition to the record of conviction, shall annex the names 16 and addresses of the different witnesses examined before him and 17 the substance of the testimony given by them, respectively, on 18 which the conviction was founded, provided that any person 19 committed shall have the same right of appeal as is secured by 20 law to persons convicted of criminal offenses, but on such 21 appeal, mere informality in the issuing of any warrant shall not 22 be held to be sufficient cause for granting a discharge. 23 § 1704. Employment of inmates. 24 Every inmate in the custody of the Philadelphia Prison System 25 not disqualified by sickness or casualty shall be employed by 26 the chief administrator in quarrying stone, cultivating the 27 ground, manufacturing such articles as may be needed for the 28 prison, other public institution of the State or city of the 29 first class or for other persons and at such other labor as 30 shall, upon trial, be found to be profitable to the institution 20050S0506B1883 - 48 -
1 and suitable to its proper discipline and THE health and <-- 2 capacities of the inmates. The chief administrator may detail 3 such numbers of the inmates as he may regard proper to do the 4 work outside the grounds of the institution for any of the 5 departments or institutions of the city of the first class or 6 for such other persons as may be approved by the board of 7 managers. 8 § 1705. Punishment for destroying property. <-- 9 Any inmate of the Philadelphia Prison System who shall 10 § 1705. OFFENSES. <-- 11 (A) DESTRUCTION OF PROPERTY.--ANY INMATE OF THE PHILADELPHIA 12 PRISON SYSTEM WHO SHALL willfully break, destroy or injure any 13 material, machinery, tool, property or thing belonging to the 14 Philadelphia Prison System or shall escape therefrom shall be <-- 15 charged with the offense of escape set forth in 18 Pa.C.S. § 16 5121 (relating to escape). SYSTEM COMMITS A MISDEMEANOR OF THE <-- 17 THIRD DEGREE. 18 (B) ESCAPE.--ANY INMATE OF THE PHILADELPHIA PRISON SYSTEM 19 WHO SHALL ESCAPE THEREFROM SHALL BE CHARGED WITH THE OFFENSE OF 20 ESCAPE SET FORTH IN 18 PA.C.S. § 5121 (RELATING TO ESCAPE). 21 § 1706. Supplies and reports. 22 The prison commissioner shall make a monthly requisition on 23 the Board of Trustees of the Philadelphia Prison System for all 24 articles which the chief administrator shall deem necessary for 25 the institution, and such as shall be approved by them shall be 26 purchased. The prison commissioner shall, once in every month, 27 report to the board of trustees the number of inmates committed, 28 discharged, sick, dead or remaining in the institution and the 29 quality and kind of labor performed. The board of trustees shall 30 transmit annually to the city council a condensed statement of 20050S0506B1883 - 49 -
1 the finances of the institution. 2 § 1707. Deficiency in maintenance. 3 For any deficiency in furnishing, keeping and maintaining the 4 Philadelphia Prison System, in conformity with the provisions of 5 this subchapter, the trustees may apply to the city council for 6 such sum or sums as shall be necessary; and the city council 7 shall appropriate the sum or sums deemed necessary. 8 § 1708. Habeas corpus. 9 Any person committed to the Philadelphia Prison System by any 10 other authority than the court of common pleas of the county of 11 the first class may apply for a writ of habeas corpus to any 12 judge of the court. Upon return of the writ, if the judge deems 13 there is sufficient or reasonable ground for granting the writ, 14 the judge shall enter upon a rehearing of the evidence and 15 either discharge the individual or modify or confirm the 16 commitment. 17 § 1709. Extension of powers. 18 The same power and authority that are given by ordinance of 19 councils or acts of the General Assembly to the guardians of the 20 poor, prison inspectors and managers of the House of Refuge of 21 the City of Philadelphia are hereby extended to the Board of 22 Trustees of the Philadelphia Prison System. 23 § 1710. Annual statement. 24 The board of trustees shall, on or before the first day of 25 November of each year, submit to council a statement of the sums 26 necessary for the maintenance of the Philadelphia Prison System 27 for the ensuing term. 28 § 1710.1. Name of jail and appointment of inspectors. 29 (a) General rule.--The prison erected under the provisions <-- 30 of the act of March 30, 1831 (P.L.228, No.123), entitled "An act 20050S0506B1883 - 50 -
1 to provide for the erection of a new prison and a debtor's 2 apartment within the city and county of Philadelphia, and for 3 the sale of the county prison in Walnut-street, in said city," 4 shall be known as the Philadelphia County Prison and 5 PHILADELPHIA COUNTY PRISON shall be managed by a board of <-- 6 inspectors consisting of 12 citizens residing in the City of 7 Philadelphia or County of Philadelphia who shall serve without 8 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 20050S0506B1883 - 51 -
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 chief 7 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 chief 17 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 chief administrator 29 shall direct such removal, and the inmate shall be kept there 30 until the physician shall certify that the inmate may be 20050S0506B1883 - 52 -
1 returned to the inmate's former cell without injury to the 2 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 chief administrator who shall carry the order into effect 9 until the next visit of the visiting inspectors, who shall 10 inquire into the case and confirm or annul the order or refer 11 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. 20050S0506B1883 - 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 chief administrator or one 17 of the inspectors and approved by them, or either of them, 18 under the penalty of a $100 fine, to be recovered as provided 19 for other fines imposed by the act of March 30, 1831 <-- 20 (P.L.228, No.123), entitled "An act to provide for the 21 erection of a new prison and a debtor's apartment within the 22 city and county of Philadelphia, and for the sale of the 23 county prison in Walnut-street, in said city." UNDER <-- 24 APPLICABLE LAW. 25 § 1710.4. Treatment of inmates on discharge. 26 (a) Clothing.--When an inmate shall be discharged by the 27 expiration of the term for which the inmate was sentenced or by 28 pardon, the clothes belonging to the Philadelphia County Prison 29 shall be taken off and the clothing belonging to the inmate 30 restored, together with such property, if any, that was taken 20050S0506B1883 - 54 -
1 from the inmate at the time of reception into the county 2 correctional institution, which has not been otherwise legally 3 disposed of. 4 (b) Furnishing of suitable clothing.--If an inmate shall not 5 possess suitable clothing, the inspectors shall provide the 6 inmate with what may in their judgment be necessary. The 7 inspectors and chief administrator may furnish the discharged 8 inmate with a sum of money or clothing not 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. 20050S0506B1883 - 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. 20050S0506B1883 - 56 -
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 20050S0506B1883 - 57 -
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 20050S0506B1883 - 58 -
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 ENSURE that the prison is being operated in accordance <--
14 with its regulations and the laws and regulations of this
15 Commonwealth 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 20050S0506B1883 - 60 -
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 20050S0506B1883 - 61 -
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 20050S0506B1883 - 62 -
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 20050S0506B1883 - 63 -
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. 20050S0506B1883 - 64 -
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. Costs of confinement. 11 1752. Board of inspectors to regulate salaries of wardens and 12 other staff. 13 1753. Residence of warden. 14 1754. Bonds for county prison staff in fourth class counties. 15 1755. Property exempt from taxation. 16 1756. Loss of privileges. 17 1757. Collection from certain inmates. 18 § 1751. Costs of confinement. 19 (a) Liability of cities.-- 20 (1) When an inmate is committed to any county 21 correctional institution in this Commonwealth, either for the 22 nonpayment of a fine or penalty imposed for the violation of 23 any city ordinance or while awaiting a hearing upon any 24 charge for the violation of any city ordinance, the costs of 25 proceedings and the expenses of maintaining the inmate during 26 his confinement by virtue of the commitment shall be borne 27 and paid by the city whose ordinance was alleged to have been 28 violated or to which any such fines or penalties are payable. 29 (2) The county in which the city is located shall not be 30 liable to the sheriff for any such maintenance or to any 20050S0506B1883 - 65 -
1 officer, magistrate or person for any costs of such 2 proceedings. 3 (b) Nonapplicability.--This section does not apply to a city 4 of the third class. 5 § 1752. Board of inspectors to regulate salaries of wardens and 6 other staff. 7 (a) General rule.--The board of inspectors in any county 8 where such board exists shall, from time to time, fix and change 9 the salaries and compensation of the deputy wardens, corrections 10 officers and other persons employed in and about the county 11 prison. 12 (b) Nonapplicability.--This section shall not apply to 13 counties in which cities are coextensive with the counties. 14 § 1753. Residence of warden. 15 In any county where the government of the county prison is 16 vested in a prison board, the prison board may fix the place of 17 residence of the warden of the county prison either in the jail 18 or elsewhere. 19 § 1754. Bonds for county prison staff in fourth class counties. 20 In any county of the fourth class in which there is a board 21 of inspectors, the board shall pay out of the public moneys 22 under its jurisdiction the premiums on all bonds of employees 23 appointed by the board who are required to furnish bond. 24 § 1755. Property exempt from taxation. 25 All the property, real and personal, authorized to be held 26 under the former act of June 26, 1895 (P.L.377, No.269), 27 entitled "An act authorizing the erection of work-houses in the 28 several counties of this Commonwealth," shall be exempt from 29 taxation and from levy and sale by virtue of execution or any 30 other process. 20050S0506B1883 - 66 -
1 § 1756. Loss of privileges. 2 A chief administrator of a county correctional institution 3 may refuse to permit a prisoner to exercise the prisoner's 4 privilege to leave the county correctional institution for a 5 period of not more than five days for any breach of discipline 6 or other violation of regulations of the county correctional 7 institution. 8 § 1757. Collection from certain inmates. 9 The governing body of a county correctional institution, or 10 where applicable the county commissioners, may, by resolution 11 which shall establish rates and qualifications, authorize the 12 chief administrator to collect a reasonable amount from inmates 13 incarcerated only on weekends or other short periods each week. 14 SUBCHAPTER F 15 JOINT DETENTION CENTERS 16 Sec. 17 1761. Establishment by adjoining counties. 18 1762. Selection of site. 19 1763. Buildings. 20 1764. Construction contracts. 21 1765. Advisory board. 22 1766. Meetings. 23 1767. Chief administrator and employees. 24 1768. Rules and regulations. 25 1769. Initial transfer of inmates. 26 1770. Employment of inmates. 27 1771. Cost of transporting inmates. 28 1772. Financial reporting. 29 1773. Allocation of expenses to counties. 30 1774. County appropriations. 20050S0506B1883 - 67 -
1 1775. Exemption from taxation. 2 § 1761. Establishment by adjoining counties. 3 (a) Authority.--The county commissioners of any two or more 4 adjoining counties may join in establishing, according to a 5 plan, detention facilities for the confinement of persons 6 awaiting trial or sentence on criminal charges, convicted on 7 criminal charges or not otherwise eligible for confinement in 8 other county correctional institutions. 9 (b) Preapproval of plan by department.--Before establishing 10 detention facilities, the counties shall submit their plan to 11 the department for approval. The department may require, as a 12 condition to approving any plan, that two or more adjoining 13 counties join with another adjoining county to establish 14 detention facilities. 15 § 1762. Selection of site. 16 Whenever the commissioners of any two or more adjoining 17 counties decide and agree to construct a joint detention 18 facility, they shall acquire a suitable site for the facility. 19 The site may be selected from suitable lands already held by any 20 county of the district for county purposes from lands donated 21 for such purposes or any quantity of land within the respective 22 districts. In the selection of a site, there shall be taken into 23 consideration the objects and purposes of the joint detention 24 center. Title to the land shall be approved by the county 25 solicitor of the county in which the land is located, or such 26 other title guarantee corporation or attorney as may be 27 designated by the commissioners of the counties, and shall be 28 taken in the name of the county or counties comprising the 29 district. The site, before purchase, shall be approved by the 30 department. 20050S0506B1883 - 68 -
1 § 1763. Buildings. 2 After the selection and acquisition of sites, the county 3 commissioners of the counties may erect and construct suitable 4 and necessary buildings thereon, repair any buildings already 5 erected and equip the sites for use and occupancy. 6 § 1764. Construction contracts. 7 Joint detention facilities shall be constructed by contract 8 or contracts let by the county commissioners of the counties to 9 the lowest responsible and best bidder after due advertisement 10 in at least one newspaper, published in each of the counties 11 joining in the erection of the joint detention facilities, once 12 a week for two consecutive weeks. When so constructed, the joint 13 detention facilities shall be equipped by the county 14 commissioners of the counties at the cost of the counties in the 15 same manner as other county buildings are equipped. 16 § 1765. Advisory board. 17 After joint detention facilities have been erected and 18 equipped and are ready for occupancy, the president judges of 19 the courts of common pleas of the counties joining in the 20 construction of the joint detention facilities shall appoint an 21 advisory board to consist of three persons from each of the 22 counties. The president judge of each of the counties shall 23 appoint one member of the board to serve for one year, one to 24 serve for two years, and one to serve for three years, or until 25 their successors are appointed and qualified. All appointments 26 at the expiration of any term shall be for a term of three 27 years. 28 § 1766. Meetings. 29 (a) General rule.--The advisory board shall meet at such 30 times as it deems necessary. The board shall visit and inspect 20050S0506B1883 - 69 -
1 and keep in close touch with the management and operation of the 2 joint detention facilities and shall, from time to time, make 3 such recommendations and suggestions to the county commissioners 4 for changes or improvements in the management and operations of 5 the joint detention facilities as may be deemed advisable. It 6 shall also make an annual report to the county commissioners 7 concerning the management and operation of the joint detention 8 facilities. 9 (b) Administrative support.--The county commissioners shall, 10 at the expense of the counties, provide a meeting place for the 11 board and furnish all supplies and materials necessary to carry 12 on its work. 13 (c) Reimbursement of expenses.--The members of the board 14 shall not receive any compensation for their services, but shall 15 be reimbursed for all actual and necessary expenses incurred in 16 the discharge of their duties, which expenses shall be paid by 17 the counties as part of the cost of maintenance of the joint 18 detention facilities. 19 § 1767. Chief administrator and employees. 20 The county commissioners of the counties may, after 21 consultation with the advisory board, employ a chief 22 administrator and such other employees as may be necessary to 23 conduct and manage properly the joint detention facilities and 24 shall fix their compensation. The duties of those officers shall 25 be prescribed by the rules and regulations of the joint 26 detention facilities. They shall hold their offices, 27 respectively, at the pleasure of and their compensation shall be 28 fixed by the appointing power. 29 § 1768. Rules and regulations. 30 The county commissioners of the counties shall, before any 20050S0506B1883 - 70 -
1 inmate may be admitted to the joint detention facilities, after 2 consulting with the advisory board, make general rules and 3 regulations for the management of the joint detention 4 facilities, which rules and regulations shall be effective after 5 they are approved by the department. 6 § 1769. Initial transfer of inmates. 7 When, in any district formed by counties under this 8 subchapter, the arrangements are complete for the reception of 9 inmates, transfer of all persons who are subject to confinement 10 as provided in this subchapter shall be made to the joint 11 detention facilities of the district. 12 § 1770. Employment of inmates. 13 An inmate of a joint detention facility under the provisions 14 of this subchapter, unless disqualified by sickness or 15 otherwise, shall be kept at some useful employment as may be 16 suited to the inmate's age and capacity and as may tend to 17 promote the best interest of the inmate. If an inmate refuses to 18 perform the work assigned to the inmate or is guilty of other 19 acts of insubordination, the chief administrator shall punish 20 the inmate in such manner as the rules and regulations provided 21 for may prescribe. The chief administrator shall keep a record 22 of and report to the advisory board all such offenses and 23 punishments. 24 § 1771. Cost of transporting inmates. 25 The cost of transporting inmates committed to the joint 26 detention facilities shall be paid by the counties, 27 respectively, from which the inmates are committed. The sheriff 28 of the county for inmates committed by the court and constables 29 for inmates committed by magisterial district judges shall 30 receive for the inmates committed to the joint detention 20050S0506B1883 - 71 -
1 facilities no mileage or travel expenses on writs, except the 2 actual cost of transporting the inmates to the joint detention 3 facilities, together with any other fees for their services 4 allowed by law. 5 § 1772. Financial reporting. 6 A detailed statement of the receipt and expenditures by any 7 county constituting a part of the district for joint detention 8 facilities erected under the provisions of this subchapter shall 9 be published by the county commissioners of each county or by 10 the controller in the county. Where the report is published by 11 the controller, it shall be included in the annual statement of 12 the fiscal affairs of such county. 13 § 1773. Allocation of expenses to counties. 14 (a) General rule.--The original cost of the site and 15 buildings of the joint detention facilities and the equipment 16 thereof, all additions thereto and all fixed overhead charges in 17 conducting the joint detention facilities shall be paid by the 18 counties constituting the districts in the ratio of their 19 population according to the last preceding United States census. 20 (b) Inmate expense.-- 21 (1) The cost of the care and maintenance of the inmates 22 in the districts shall be certified monthly to the counties 23 from which inmates have been committed. The cost shall be 24 paid by the counties in proportion to the number of inmates 25 committed from each county. 26 (2) All payments shall be on warrants of the county 27 commissioners, countersigned by the county controller in 28 counties where that office exists. 29 § 1774. County appropriations. 30 The county commissioners of each county joining in 20050S0506B1883 - 72 -
1 establishing detention facilities as provided for in this 2 subchapter may make appropriations or incur or increase the 3 indebtedness of the county, in the manner provided by law, to an 4 amount sufficient to pay its proportionate part of the cost of 5 acquiring a site and of erecting, constructing and equipping the 6 joint detention facilities by issuing coupon bonds at a rate of 7 interest not exceeding 7%, and payable within 30 years from the 8 date of issue. The county commissioners of the county shall levy 9 an annual tax in an amount necessary to pay interest and sinking 10 fund charges upon such bonds. 11 § 1775. Exemption from taxation. 12 All the property, real and personal, authorized to be held by 13 counties under this subchapter shall be exempt from taxation. 14 SUBCHAPTER G 15 JOINT INDUSTRIAL FARMS AND WORKHOUSES 16 Sec. 17 1781. Establishment by counties. 18 1782. Selection of site. 19 1783. Buildings. 20 1784. Construction contracts. 21 1785. Advisory board. 22 1786. Meetings. 23 1787. Chief administrator and employees. 24 1788. Rules and regulations. 25 1789. Initial transfer of inmates. 26 1790. Employment of inmates. 27 1791. Cost of transporting inmates. 28 1792. Nature of inmate employment. 29 1793. Sale of goods and materials. 30 1794. Financial reporting. 20050S0506B1883 - 73 -
1 1795. Allocation of expenses to counties. 2 1796. Borrowing authorized. 3 1797. Exemption from taxation. 4 1798. Nonapplicability. 5 § 1781. Establishment by counties. 6 The county commissioners of any two or more counties may join 7 in establishing a joint industrial farm and workhouse for the 8 confinement of: 9 (1) Persons sentenced by the courts of those counties, 10 after conviction, of any misdemeanor or felony, except 11 murder, voluntary manslaughter, rape and arson. 12 (2) Persons who are in default of payment of any fine or 13 penalty, or for nonpayment of costs, or for default in 14 complying with any order of court entered in any prosecution 15 for desertion or nonsupport, or for the violation of any 16 municipal ordinance. 17 § 1782. Selection of site. 18 Whenever the commissioners of any two or more counties decide 19 and agree to construct a joint industrial farm and workhouse, 20 they shall acquire a suitable site for the same. The site may be 21 selected from suitable lands already held by any county of the 22 district for county purposes, from lands donated for such 23 purposes or from any quantity of land within the respective 24 districts. In the selection of a site, there shall be taken into 25 consideration the objects and purposes of the joint industrial 26 farm and workhouse and all or as many as practicable of the 27 advantages and resources set forth in this section. The land 28 selected and purchased shall be a varied topography, with 29 natural resources and advantages for many forms of husbandry, 30 fruit growing and stock raising, for brickmaking and for the 20050S0506B1883 - 74 -
1 preparation of all other road and paving material and shall have 2 good railroad, drainage, sewage and water facilities. Title to 3 the land shall be approved by the county solicitor of the county 4 in which the land is located or such other title guarantee 5 corporation or attorney as maybe designated by the commissioners 6 of the counties and shall be taken in the name of the county or 7 counties comprising the district. 8 § 1783. Buildings. 9 After the selection and acquisition of the sites, the county 10 commissioners of the counties may erect and construct suitable 11 and necessary buildings thereon, repair any buildings already 12 erected and equip the buildings for use and occupancy. All 13 buildings constructed in pursuance of this subchapter shall be 14 plain and inexpensive in character. The labor in constructing 15 such buildings and improvements and facilities shall be supplied 16 by the persons committed to county correctional institutions in 17 the counties or transferred thereto from any county correctional 18 institution, so far as found practicable. 19 § 1784. Construction contracts. 20 Joint industrial farm and workhouse buildings shall be 21 constructed by contract or contracts let by the county 22 commissioners of the counties to the lowest responsible and best 23 bidder, after due advertisement in at least one newspaper, 24 published in each of the counties joining in the erection of the 25 joint industrial farm and workhouse, once a week for four 26 consecutive weeks. When so constructed, the joint industrial 27 farm and workhouse buildings shall be equipped by the county 28 commissioners of the counties at the cost of the counties in the 29 same manner as other county buildings are equipped. 30 § 1785. Advisory board. 20050S0506B1883 - 75 -
1 After a joint industrial farm and workhouse has been erected 2 and equipped and is ready for occupancy, the president judges of 3 the courts of common pleas of the counties joining in the 4 construction of the joint industrial farm and workhouse shall 5 appoint an advisory board to consist of three persons from each 6 of the counties. The president judge of each of the counties 7 shall appoint one member of the board to serve for one year, one 8 to serve for two years, and one to serve for three years, or 9 until their successors are appointed and qualified. All 10 appointments at the expiration of any term shall be for a term 11 of three years. 12 § 1786. Meetings. 13 (a) General rule.--The advisory board shall meet monthly and 14 at such other times as may be deemed necessary. The board shall 15 visit and inspect and keep in close touch with the management 16 and operation of the joint industrial farm and workhouse and 17 shall, from time to time, make such recommendations and 18 suggestions to the county commissioners for changes or 19 improvements in the management and operations of the joint 20 industrial farm and workhouse as may be deemed advisable. It 21 shall also make an annual report to the county commissioners 22 concerning the management and operation of the industrial farm 23 and workhouse. 24 (b) Administrative support.--The county commissioners shall, 25 at the expense of the counties, provide a meeting place for the 26 board and furnish all supplies and materials necessary to carry 27 on its work. 28 (c) Reimbursement of expenses.--The members of the board 29 shall not receive any compensation for their services, but shall 30 be allowed all actual and necessary expenses incurred in the 20050S0506B1883 - 76 -
1 discharge of their duties, which shall be paid by the counties 2 as part of the cost of maintenance of the joint industrial farm 3 and workhouse. 4 § 1787. Chief administrator and employees. 5 The county commissioners of the counties may, after 6 consultation with the advisory board, employ a chief 7 administrator and such other employees as may be necessary to 8 conduct and manage properly the joint industrial farm and 9 workhouse and shall fix their compensation. The duties of those 10 officers shall be prescribed by the rules and regulations of the 11 joint industrial farm and workhouse. 12 § 1788. Rules and regulations. 13 The county commissioners of the counties shall, before any 14 inmate may be admitted to the joint industrial farm and 15 workhouse, after consulting with the advisory board, make 16 general rules and regulations for the management of the joint 17 industrial farm and workhouse. 18 § 1789. Initial transfer of inmates. 19 (a) General rule.--When, in any district formed by the 20 counties, the arrangements are complete for the reception of 21 inmates, transfer shall be made from the county correctional 22 institutions to the joint industrial farm and workhouse of the 23 district of all persons: 24 (1) Who have been sentenced to any of the county 25 correctional institutions for any misdemeanor or felony 26 except murder, voluntary manslaughter, rape and arson. 27 (2) Who have been committed to any of the county 28 correctional institutions in default of payment of any fine 29 or penalty, or for nonpayment of costs or for default in 30 complying with any order of court entered in any prosecution 20050S0506B1883 - 77 -
1 for desertion or nonsupport. 2 (3) Legally confined in any of the county correctional 3 institutions, except those that are confined awaiting trial 4 or held as material witnesses. 5 (b) Persons eligible to become inmates.-- 6 (1) When any person is convicted in any court in any 7 county of any offense classified as a misdemeanor or felony 8 except murder, voluntary manslaughter, rape and arson, the 9 punishment of which is or may be imprisonment in any county 10 correctional institution for a period of ten days or more, 11 the court may sentence such person to a joint industrial farm 12 and workhouse of the Commonwealth. 13 (2) Courts of record and courts not of record of any 14 county in this Commonwealth may commit to the joint 15 industrial farm and workhouse all persons who might be 16 lawfully committed to the county correctional institution on 17 charges of vagrancy, drunkenness or disorderly conduct, for 18 default or nonpayment of any costs, fine or penalty, for 19 default in complying with any order of court entered in any 20 prosecution for desertion or nonsupport or for violations of 21 municipal ordinances, where, in any such case, the commitment 22 will be for a period of ten days or more. 23 (c) Existing county correctional institutions.--The existing 24 county correctional institutions may be retained to confine 25 persons awaiting trial, held as material witnesses or sentenced 26 for a period of less than ten days, and such number of other 27 convicted persons as may be required to perform the necessary 28 institutional maintenance work. 29 (d) Clothing and treatment.--All inmates shall be clothed 30 and treated as provided for in this subchapter and in the rules 20050S0506B1883 - 78 -
1 and regulations of the joint industrial farm and workhouse. 2 § 1790. Employment of inmates. 3 (a) General rule.--An inmate committed to a joint industrial 4 farm and workhouse under the provisions of this subchapter, 5 unless disqualified by sickness or otherwise, shall be kept at 6 some useful employment as may be suited to the inmate's age and 7 capacity and as may be most profitable to the joint industrial 8 farm and workhouse and tend to promote the best interest of the 9 inmate. If an inmate refuses to perform the work assigned to the 10 inmate or is guilty of other acts of insubordination, the chief 11 administrator shall punish the inmate in such manner as the 12 rules and regulations provided for may prescribe. The chief 13 administrator shall keep a record of and report to the advisory 14 board all such offenses and punishments. 15 (b) Pay schedule and inmate accounts.--All inmates shall 16 receive compensation for their work. 17 (1) Those inmates employed on institutional maintenance 18 and nonproductive labor shall receive not more than 20¢ per 19 day and not less than 10¢ per day. 20 (2) Those inmates employed on productive work shall 21 receive not more than 50¢ per day and not less than 20¢ per 22 day. 23 (3) The earnings of an inmate shall be credited to the 24 inmate's account, and disbursements made on approval of the 25 chief administrator of the institution and the written order 26 of the inmate, except when an inmate is committed for 27 nonsupport the court which sentenced the prisoner shall order 28 payment of the earnings. At time of release or discharge, the 29 inmate shall receive all moneys remaining in the inmate's 30 account and give receipt for the same. 20050S0506B1883 - 79 -
1 § 1791. Cost of transporting inmates. 2 (a) General rule.--The cost of transporting inmates 3 committed to the joint industrial farms and workhouses shall be 4 paid by the counties, respectively, from which the inmates are 5 committed. The sheriff of the county for inmates committed by 6 the court and constables for inmates committed by magisterial 7 district judges shall receive for the inmates committed to the 8 joint industrial farm and workhouse no mileage or travel 9 expenses on writs, except the actual cost of transporting the 10 inmates so committed to the joint industrial farm and workhouse, 11 together with any other fees for their services allowed by law. 12 (b) Railroad ticket upon discharge.--When an inmate is 13 discharged from a joint industrial farm and workhouse, the chief 14 administrator thereof shall procure for the inmate a railroad 15 ticket to any point to which the inmate may desire to go, not 16 farther from the joint industrial farm and workhouse than the 17 point from which the inmate was sentenced. 18 § 1792. Nature of inmate employment. 19 A joint industrial farm and workhouse shall employ the 20 inmates committed or transferred thereto in work on or about the 21 buildings and farm and in growing produce, raising stock, etc., 22 for supplies for its own use, the use of the several city and 23 county or county correctional institutions in the district, any 24 political division thereof or any public or charitable 25 institution owned or managed and directed by the counties 26 constituting the district, or any political division thereof. 27 Inmates may also be employed in the preparation of road 28 material, in making brick, tile and concrete or other road 29 building material and in the manufacture of other products and 30 materials as may be found practicable for the use of any of the 20050S0506B1883 - 80 -
1 counties constituting the district and for the proper and 2 healthful employment of the inmates. 3 § 1793. Sale of goods and materials. 4 All road material, brick, tile, concrete and other goods and 5 materials prepared or made at a joint industrial farm and 6 workhouse that are not needed for the purposes of the joint 7 industrial farm and workhouse shall be offered for sale at a 8 price to be fixed by the commissioners of the district. In 9 offering such material for sale, preference shall be given to 10 the counties forming the district of the joint industrial farm 11 and workhouse and to the cities, boroughs and townships in the 12 joint district. All moneys so received shall be applied toward 13 paying the overhead expenses of the joint industrial farm and 14 workhouse. 15 § 1794. Financial reporting. 16 A detailed statement of the receipts and expenditures by any 17 county constituting a part of the district for a joint 18 industrial farm and workhouse erected under the provisions of 19 this subchapter shall be published by the county commissioners 20 of each county or by the controller in the county. Where the 21 report is published by the controller, it shall be included in 22 the annual statement of the fiscal affairs of the county. 23 § 1795. Allocation of expenses to counties. 24 (a) General rule.--The original cost of the site and 25 buildings of the joint industrial farm and workhouse, the 26 equipment thereof, all additions thereto and all fixed overhead 27 charges in conducting the joint industrial farm and workhouse 28 shall be paid by the counties constituting the districts in the 29 ratio of their population according to the last preceding United 30 States census. 20050S0506B1883 - 81 -
1 (b) Inmate expense.--The cost of the care and maintenance of
2 the inmates shall be certified monthly to the counties from
3 which inmates have been committed. The cost shall be paid by the
4 counties in proportion to the number of inmates committed from
5 each county. All payments shall be on warrants of the county
6 commissioners, countersigned by the county controller in
7 counties where such officer A COUNTY CONTROLLER exists. <--
8 § 1796. Borrowing authorized.
9 The county commissioners of each county joining in
10 establishing a joint industrial farm and workhouse, as provided
11 for in this subchapter, may incur or increase the indebtedness
12 of the county, in the manner provided by law, to an amount
13 sufficient to pay its proportionate part of the cost of
14 acquiring a site and of erecting, constructing and equipping the
15 joint industrial farm and workhouse by issuing coupon bonds at a
16 rate of interest not exceeding 6% and payable within 30 years
17 from the date of issue. The county commissioners of the county
18 shall levy an annual tax in an amount necessary to pay interest
19 and sinking fund charges upon the bonds.
20 § 1797. Exemption from taxation.
21 All the property, real and personal, authorized to be held
22 under this subchapter shall be exempt from taxation.
23 § 1798. Nonapplicability.
24 This subchapter does not apply to cities and counties of the
25 first class.
26 PART III
27 INMATE CONFINEMENT
28 Chapter
29 31. Inmate Labor
30 33. Medical Services
20050S0506B1883 - 82 -
1 35. Visitation 2 37. Inmate Prerelease Plans 3 39. Motivational Boot Camp 4 41. State Intermediate Punishment 5 43. Execution Procedure and Method 6 59. Miscellaneous Provisions 7 CHAPTER 31 8 INMATE LABOR 9 Sec. 10 3101. Inmates to be employed. 11 3102. Disposition of proceeds of labor. 12 3103. Agricultural labor at county correctional institutions. 13 3104. Inmate labor in county correctional institutions. 14 3105. Inmate labor in counties of the first class. 15 3106. Inmate-made goods to be branded. 16 3107. Sale of inmate-made goods. 17 § 3101. Inmates to be employed. 18 The chief administrators may employ the inmates under their 19 control for and on behalf of the Commonwealth and the inmates 20 for and on behalf of their respective counties. 21 § 3102. Disposition of proceeds of labor. 22 All moneys received under the provisions of this chapter for 23 labor done within county correctional institutions or the 24 products of such labor sold shall be credited on account of the 25 receipts and expenditures paid to and for the maintenance of the 26 respective correctional institutions. 27 § 3103. Agricultural labor at county correctional institutions. 28 (a) General rule.--The chief administrator of a county 29 correctional institution shall permit the employment of such 30 inmates serving sentences therein, as they shall deem advisable, 20050S0506B1883 - 83 -
1 at agricultural labor on any county farm of the county under the
2 direction of any person appointed by the chief administrator,
3 and all inmates so employed shall at all times be amenable to
4 restraint, discipline and punishment in the same manner as if
5 they were confined in the county correctional institution.
6 (b) Liability.--No person appointed by a chief administrator
7 of a county correctional institution or his sureties shall be
8 held liable on any bond conditioned for the safekeeping of
9 persons given into that person's care, in case any inmate so
10 employed shall escape, if due care and diligence has been
11 exercised in the discharge of the duties imposed on that person.
12 § 3104. Inmate labor in county correctional institutions.
13 (a) General rule.--An inmate of a county correctional
14 institution who is physically capable may be employed at labor
15 for not more than eight hours each day, other than Sundays and
16 public holidays. The employment may be in such character of work
17 and the production of such goods as may now be manufactured and
18 produced in county correctional institutions and may also be
19 for:
20 (1) the purpose of the manufacture and production of <--
21 supplies for the county correctional institutions;
22 (2) the preparation and manufacture of building material
23 for the construction or repair of the county correctional
24 institution;
25 (3) the manufacture and production of crushed stone,
26 brick, tile and culvert pipe or other material suitable for
27 draining roads; or
28 (4) the preparation of road building and ballasting
29 material.
30 (b) Authority to county commissioners.--The county
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1 commissioners or chief administrator of the county correctional 2 institution shall: 3 (1) determine the amount, kind and character of the 4 machinery to be erected and the industries to be carried on 5 in the county correctional institution; 6 (2) arrange for the purchase and installation of such 7 machinery at the expense of the county; and 8 (3) provide for the sale of articles and material 9 produced. 10 (c) Funding.--The county commissioners shall make available 11 the necessary funds to carry out the provisions of this section. 12 (d) Inmate accounts.-- 13 (1) The authorities in charge of a county correctional 14 institution shall fix the wages of each inmate to be employed 15 and shall keep an account of all such wages and the amount 16 due each inmate. 17 (2) Three-fourths of the amount credited to each inmate, 18 or the entire amount if the inmate so elects, shall 19 constitute a fund for the relief of any person or persons 20 dependent upon the inmate and shall be paid to such persons, 21 establishing dependency to the satisfaction of the 22 authorities, at such times as they may prescribe. 23 (3) In case an inmate has no person dependent upon him, 24 the inmate's wages shall be deposited for his benefit and 25 shall be paid to him as follows: 26 (i) one-third at the time of his discharge; 27 (ii) one-third, three months thereafter; and 28 (iii) one-third, six months thereafter. 29 (e) Special administrative fund.-- 30 (1) The authorities in charge of a county correctional 20050S0506B1883 - 85 -
1 institution may establish a fund for the purpose of carrying 2 out this section and may provide for the purchase of 3 machinery and materials and payment of wages from such fund. 4 (2) All revenues received from the sale of articles 5 produced shall be paid into the fund. 6 (f) Nonapplicability.--This section shall not apply to a 7 county of the first class. 8 § 3105. Inmate labor in counties of the first class. 9 (a) General rule.--The board of inspectors of a county 10 correctional institution of a county of the first class may 11 establish, from time to time, a scale of wages that shall not be 12 less than ten cents per day, and may pay and the inmates may 13 receive compensation for their work according to such scale. 14 (b) Inmate account.-- 15 (1) Except as otherwise provided in paragraph (2), the 16 earnings of each inmate shall be credited to his account and 17 disbursements made on approval of the chief administrator of 18 the institution and the written order of the inmate. 19 (2) When an inmate is committed for nonsupport, the 20 court which sentenced the inmate shall order payment of his 21 earnings and, in the case of other inmates, the court which 22 sentenced the inmate may order payments from his earnings to 23 be paid to his dependents. 24 (3) At time of release or discharge, the inmate shall 25 receive all moneys remaining in his account and give receipt 26 for the same. 27 § 3106. Inmate-made goods to be branded. 28 (a) General rule.--All goods, wares, merchandise or other 29 article or thing made by inmate labor in any correctional 30 institution or other establishment in which inmate labor is 20050S0506B1883 - 86 -
1 employed, whether for the direct benefit and maintenance of the 2 correctional institution or other establishment or upon contract 3 by the authorities of the same with any third person, 4 immediately upon the completion of the same, shall be branded as 5 provided in this section and may not be taken into or exposed in 6 any place for sale at wholesale or retail without that brand. 7 (b) Style and place of brand.-- 8 (1) The brand required by this section shall be in plain 9 English lettering and shall contain at the head or top of the 10 brand the words "inmate made," followed by the year and name 11 of the correctional institution or other establishment in 12 which made. 13 (2) The brand shall in all cases, when the nature of the 14 article will permit, be placed on the article and only where 15 the branding is impossible may it be placed on the box or 16 other receptacle or covering in which it is contained. 17 (3) The brand shall be affixed to the article by 18 casting, burning, pressing or other such process or means so 19 that the article may not be defaced and in all cases shall be 20 upon the most conspicuous place upon the article or the box, 21 receptacle or covering containing the article. 22 (c) Applicability.--This section shall not apply to goods, 23 wares and merchandise shipped to points outside of this 24 Commonwealth. 25 § 3107. Sale of inmate-made goods. 26 The department may contract to sell or sell the articles 27 manufactured or produced in any correctional institution which 28 cannot be used therein, to the Commonwealth or to any political 29 subdivision thereof, or to any State, municipality, or county 30 authority, created by or under any law of this Commonwealth, or 20050S0506B1883 - 87 -
1 to any State correctional institution, or to any educational or 2 charitable institution receiving aid from the Commonwealth, or 3 to the Federal Government or any department, bureau, commission, 4 authority or agency thereof, or to any other state or political 5 subdivision or authority thereof, or to any institution 6 receiving aid from the Federal Government or of any other state. 7 CHAPTER 33 8 MEDICAL SERVICES 9 Sec. 10 3301. Short title of chapter. 11 3302. Definitions. 12 3303. Medical Services Program. 13 3304. Powers and duties of department. 14 3305. Costs outstanding upon release. 15 3306. Report to General Assembly. 16 3307. Applicability. 17 § 3301. Short title of chapter. 18 This chapter shall be known and may be cited as the 19 Correctional Institution Medical Services Act. 20 § 3302. Definitions. 21 The following words and phrases when used in this chapter 22 shall have the meanings given to them in this section unless the 23 context clearly indicates otherwise: 24 "Program." The Medical Services Program established for 25 inmates under section 3303 (relating to Medical Services 26 Program). 27 § 3303. Medical Services Program. 28 (a) Establishment.--The Medical Services Program is 29 established in the department which shall include, but not be 30 limited to, the provisions of this chapter. The program shall be 20050S0506B1883 - 88 -
1 a copay program requiring inmates to pay a fee to cover a 2 portion of the actual costs of the medical services provided. 3 (b) Fees.-- 4 (1) The department shall develop by regulation a program 5 for inmates which includes fees for certain medical services. 6 The regulations shall provide for consistent medical services 7 guidelines by specifying the medical services which are 8 subject to fees, the fee amounts, payment procedures, medical 9 services which are not subject to fees and fees applicable to 10 medical emergencies, chronic care and preexisting conditions. 11 (2) In addition to other medical services provided to 12 the inmate, an inmate may be required to pay a fee for 13 medical services provided because of injuries the inmate 14 inflicted upon himself or another inmate. 15 (c) Explanation of program.--Each inmate shall be advised of 16 the medical services fees and payment procedures at the time of 17 intake. An explanation of the program regulations shall be 18 included in the inmate handbook. 19 (d) Written notice of changes.--Each inmate shall receive 20 written notice of any changes in medical services fees and 21 payment procedures and an initial written notice of the 22 program's implementation. 23 (e) Payment for medical services.-- 24 (1) No inmate shall be denied access to medical services 25 because of an inability to pay the required fees. 26 (2) The department shall devise and implement a program 27 whereby inmates of State correctional institutions who have 28 medical insurance shall pay for their own medical needs 29 through that insurance. This program shall be contained in 30 regulations promulgated by the department. 20050S0506B1883 - 89 -
1 (f) Fee debits.--An inmate shall acknowledge in writing any 2 debit made to his inmate account for a medical services fee. 3 (g) Deposits.--Medical services fees collected under this 4 chapter shall be deposited in the General Fund. 5 § 3304. Powers and duties of department. 6 The department shall implement the program by: 7 (1) Issuing regulations as required under section 3303 8 (relating to Medical Services Program). 9 (2) Providing department staff and medical services 10 providers with training relating to the program. 11 (3) Developing administrative forms for the 12 implementation of the program. 13 (4) Providing for administrative and accounting 14 procedures for the program and an annual audit of the 15 program. 16 (5) Providing written notice to all current inmates 17 regarding implementation of the program. 18 § 3305. Costs outstanding upon release. 19 (a) Right to seek recovery of costs.--The department may 20 seek to recover any amount owed for medical services fees by an 21 inmate upon release from prison through a civil action brought 22 within one year of the inmate's release. The department shall 23 have the burden to prove the amount owed. 24 (b) Defense.--An inmate's inability to pay as determined by 25 the court shall be a defense to the payment of part or all of 26 the fees. 27 § 3306. Report to General Assembly. 28 The department shall submit to the chairmen and minority 29 chairmen of the Appropriations Committee and the Judiciary 30 Committee of the Senate and the chairmen and minority chairmen 20050S0506B1883 - 90 -
1 of the Appropriations Committee and the Judiciary Committee of 2 the House of Representatives an annual report on the program. 3 The report shall provide information on the fees charged and the 4 fees collected under the program and shall include a summary of 5 the annual audit of the program as required under section 3304 6 (relating to powers and duties of department). The report may 7 recommend legislative changes for the program and propose model 8 legislation for counties which may wish to develop similar 9 programs. 10 § 3307. Applicability. 11 The department shall collect fees for medical services 12 provided to an inmate after the effective date of the program 13 regulations as published in the Pennsylvania Bulletin. 14 CHAPTER 35 15 VISITATION 16 Subchapter 17 A. General Provisions 18 B. Official Visitation 19 SUBCHAPTER A 20 GENERAL PROVISIONS 21 Sec. 22 3501. Gubernatorial visitor for philanthropic purposes. 23 3502. Official visitors. 24 3503. Rights of official visitors. 25 § 3501. Gubernatorial visitor for philanthropic purposes. 26 The Governor may appoint a person to visit, for philanthropic 27 purposes, correctional institutions. No expense shall be 28 incurred to the Commonwealth for the implementation of this 29 section. 30 § 3502. Official visitors. 20050S0506B1883 - 91 -
1 (a) General rule.--Subject to the provisions of subsection 2 (b), the active or visiting committee of any society 3 incorporated for the purpose of visiting and instructing inmates 4 are hereby made official visitors of any correctional 5 institution, with the same powers, privileges and functions as 6 are vested in the official visitors of correctional institutions 7 as now prescribed by law. 8 (b) Notice required.--No active or visiting committee as 9 identified in subsection (a) may visit a correctional 10 institution under this section unless notice of the names of the 11 members of the committee and the terms of their appointment are 12 given by the society, in writing, under its corporate seal, to 13 the chief administrator of the correctional institution. 14 § 3503. Rights of official visitors. 15 (a) Visiting hours.--A person designated by law to be an 16 official visitor of a correctional institution may enter and 17 visit any correctional institution on any and every day, 18 including Sundays, between the hours of 9 a.m. and 5 p.m. and at 19 such other times with the special permission of the chief 20 administrator. 21 (b) Confirmation of role.--All powers, functions and 22 privileges granted to official visitors of correctional 23 institutions under prior law are hereby confirmed. No official 24 visitor shall have the right or power to give or deliver to an 25 inmate during such visit any chattel or object whatsoever, 26 except objects and articles of religious or moral instruction or 27 use. 28 (c) Effect of violation.-- 29 (1) If an official visitor violates any provision of 30 this section, a chief administrator may apply to the court of 20050S0506B1883 - 92 -
1 common pleas in the county wherein the correctional 2 institution is situated, for a rule upon the official visitor 3 to show cause why he should not be deprived of his office. 4 (2) Upon proof to the satisfaction of the court, the 5 court shall enter a decree against the official visitor 6 depriving him of all rights, privileges and functions of an 7 official visitor. 8 SUBCHAPTER B 9 OFFICIAL VISITATION 10 Sec. 11 3511. Short title of subchapter. 12 3512. Definitions. 13 3513. Visitation. 14 3514. Employees of official visitor. 15 § 3511. Short title of subchapter. 16 This subchapter shall be known and may be cited as the 17 Official Visitation of Correctional Institutions Act. 18 § 3512. Definitions. 19 The following words and phrases when used in this subchapter 20 shall have the meanings given to them in this section unless the 21 context clearly indicates otherwise: 22 "Official visitor." The Governor, Lieutenant Governor, 23 President pro tempore and members of the Senate, Speaker and 24 members of the House of Representatives, justices and judges of 25 the courts of record, General Counsel, Attorney General and his 26 deputies and authorized members of the Pennsylvania Prison 27 Society who have been designated as official visitors, whose 28 names shall be given to a chief administrator, in writing, 29 together with the terms of their appointment under its corporate 30 seal. 20050S0506B1883 - 93 -
1 § 3513. Visitation. 2 (a) Time.--An official visitor may enter and visit any 3 correctional institution on any and every day, including 4 Sundays, between the hours of 9 a.m. and 5 p.m. Visits at any 5 other time shall be made only with the special permission of the 6 chief administrator. 7 (b) Denial of entry.-- 8 (1) If a chief administrator of a State correctional 9 institution is of the opinion that the visit would be 10 dangerous to the discipline or welfare of the correctional 11 institution or the safety of the visitor, the chief 12 administrator may temporarily deny entry to any official 13 visitor if the secretary has previously declared that an 14 emergency situation exists within the correctional 15 institution. 16 (2) If a temporary exclusion under paragraph (1) exceeds 17 72 hours, the official visitor may apply to the Commonwealth 18 Court for a ruling upon the secretary to show cause why the 19 official visitor should not be permitted entry into the State 20 correctional institution. 21 (c) Temporary denial of visitation for county correctional 22 institutions.-- 23 (1) If the chief administrator of a county correctional 24 institution has previously determined that an emergency 25 exists at the county correctional institution, the chief 26 administrator may, with the approval of the president judge 27 of the court of common pleas of the county where the county 28 correctional institution is located, temporarily deny entry 29 to an official visitor. 30 (2) If a temporary exclusion under paragraph (1) exceeds 20050S0506B1883 - 94 -
1 72 hours, the official visitor may apply to the Commonwealth 2 Court for a ruling upon the president judge to show cause why 3 the official visitor should not be permitted entry into the 4 county correctional institution. 5 (d) Interviews.-- 6 (1) An official visitor may interview privately any 7 inmate confined in any correctional institution and for that 8 purpose may enter the cell, room or apartment wherein any 9 inmates are confined. 10 (2) If the chief administrator at the time of the visit 11 is of the opinion that entry into a cell would be dangerous 12 to the discipline of the correctional institution, then the 13 chief administrator may conduct any inmates with whom the 14 official visitor may desire a private interview into another 15 cell or room as the chief administrator may designate and 16 there permit the private interview between the official 17 visitor and the inmate to take place. 18 (e) Official visitors and employees not exempt from 19 prosecution.--Official visitors and their employees shall not be 20 exempt from prosecution for any criminal offense, including, but 21 not limited to, a violation of 18 Pa.C.S. §§ 5121 (relating to 22 escape), 5122 (relating to weapons or implements for escape) and 23 5123 (relating to contraband). 24 (f) Decree of court.-- 25 (1) If an official visitor violates any provision of 26 this section, any chief administrator of a correctional 27 institution may apply to the appropriate court for a ruling 28 upon the official visitor to show cause why the official 29 visitor should not be deprived of his official visitation 30 status. 20050S0506B1883 - 95 -
1 (2) Upon proof to the satisfaction of the court, the 2 court shall enter a decree against the official visitor 3 depriving him of all rights, privileges and functions of an 4 official visitor. 5 § 3514. Employees of official visitor. 6 One employee of an official visitor may accompany the 7 official visitor when visiting any correctional institution and 8 may be present during an interview conducted by the official 9 visitor. 10 CHAPTER 37 11 INMATE PRERELEASE PLANS 12 Sec. 13 3701. Establishment of prerelease centers. 14 3702. Prerelease plan for inmates. 15 3703. Rules and regulations. 16 3704. Salaries and wages of inmates. 17 § 3701. Establishment of prerelease centers. 18 The department shall establish, with the approval of the 19 Governor, prisoner prerelease centers at such locations 20 throughout this Commonwealth as it deems necessary to carry out 21 effective prisoner prerelease programs. 22 § 3702. Prerelease plan for inmates. 23 (a) Transfer authorization.-- 24 (1) The secretary may transfer an inmate incarcerated in 25 any prerelease center or in any prerelease center located in 26 any State correctional institution who has not been sentenced 27 to death or life imprisonment to any prerelease center. 28 (2) The transfer of the inmate to the prerelease center 29 shall not occur where the transfer is not appropriate due to 30 a certified terminal illness. 20050S0506B1883 - 96 -
1 (b) Temporary release.--An inmate transferred to and 2 confined in a prerelease center may be released temporarily with 3 or without direct supervision at the discretion of the 4 department, in accordance with rules and regulations as provided 5 in section 3703 (relating to rules and regulations), for the 6 purposes of gainful employment, vocational or technical 7 training, academic education and such other lawful purposes as 8 the department shall consider necessary and appropriate for the 9 furtherance of the inmate's individual prerelease program 10 subject to compliance with subsection (c). 11 (c) Conditions for release of certain inmates.-- 12 (1) An inmate who has not served his minimum sentence 13 may not be transferred to a prerelease center unless: 14 (i) more than 20 days have elapsed after written 15 notice of the proposed transfer, describing the inmate's 16 individual prerelease program, has been received by the 17 sentencing judge or, in the event the sentencing judge is 18 unavailable, the sentencing court and the prosecuting 19 district attorney's office and no written objection by 20 the judge containing the reason therefor has been 21 received by the department; 22 (ii) the judge withdraws his objection after 23 consultation with representatives of the department; or 24 (iii) approval of the proposed transfer is given by 25 the Board of Pardons. 26 (2) In the event of a timely objection by the judge, 27 representatives of the department shall meet with the judge 28 and attempt to resolve the disagreement. 29 (3) If, within 20 days of the department's receipt of 30 the objection: 20050S0506B1883 - 97 -
1 (i) the judge does not withdraw his objection; 2 (ii) the department does not withdraw its proposal 3 for transfer; or 4 (iii) the judge and the department do not agree on 5 an alternate proposal for transfer, the matter shall be 6 listed for hearing at the next session of the Board of 7 Pardons to be held in the hearing district in which the 8 judge is located. 9 (4) During the hearing before the Board of Pardons, 10 representatives of the judge, the department, the district 11 attorney of the county where the inmate was prosecuted and 12 any victim involved shall have the opportunity to be heard. 13 (d) Notice of release.-- 14 (1) An inmate who has served his minimum sentence may be 15 released by the department only after notice to the judge 16 that the privilege is being granted. 17 (2) Notice of the release of an inmate shall be given to 18 the Pennsylvania State Police, the probation officer and the 19 sheriff or chief of police of the county, and the chief of 20 police of the municipality or township of the locality to 21 which the inmate is assigned or of the inmate's authorized 22 destination. 23 § 3703. Rules and regulations. 24 The department shall establish rules and regulations for 25 granting and administering release plans and shall determine 26 those inmates who may participate in any plan. If an inmate 27 violates the rules or regulations prescribed by the department, 28 the inmate's release privileges may be withdrawn. Failure of an 29 inmate to report to or return from the assigned place of 30 employment, training, education or other authorized destination 20050S0506B1883 - 98 -
1 shall be deemed an offense under 18 Pa.C.S. § 5121 (relating to 2 escape). 3 § 3704. Salaries and wages of inmates. 4 (a) General rule.--The salaries or wages of inmates 5 gainfully employed under a plan established under this section 6 shall be collected by the department or its designated agents or 7 employees. The wages shall not be subject to garnishment or 8 attachment for any purpose either in the hands of the employer 9 or the department during the inmate's term of imprisonment and 10 shall be disbursed only as provided in this section, but for tax 11 purposes they shall be income of the inmate. 12 (b) Use of salaries or wages.--The salaries or wages of an 13 inmate participating in a plan established under this section 14 shall be disbursed by the department in the following order: 15 (1) The board of the inmate, including food and 16 clothing. 17 (2) Necessary travel expense to and from work and other 18 incidental expenses of the inmate. 19 (3) Support of the inmate's dependents, if any. 20 (4) Payment, either in full or ratably, of the inmate's 21 obligations acknowledged by him in writing or which have been 22 reduced to judgment. 23 (5) The balance, if any, to the inmate upon his 24 discharge. 25 CHAPTER 39 26 MOTIVATIONAL BOOT CAMP 27 Sec. 28 3901. Scope of chapter. 29 3902. Declaration of policy. 30 3903. Definitions. 20050S0506B1883 - 99 -
1 3904. Selection of inmate participants. 2 3905. Motivational boot camp program. 3 3906. Procedure for selection of participant in motivational 4 boot camp program. 5 3907. Completion of motivational boot camp program. 6 3908. Appeals. 7 § 3901. Scope of chapter. 8 This chapter authorizes motivational boot camps. 9 § 3902. Declaration of policy. 10 The General Assembly finds and declares as follows: 11 (1) The Commonwealth recognizes the severe problem of 12 overcrowding in correctional institutions and understands 13 that overcrowding is a causative factor contributing to 14 insurrection and prison rioting. 15 (2) The Commonwealth also recognizes that the frequency 16 of convictions responsible for the dramatic expansion of the 17 population in correctional institutions is attributable in 18 part to the increased use of drugs and alcohol. 19 (3) The Commonwealth, in wishing to salvage the 20 contributions and dedicated work which its displaced citizens 21 may someday offer, is seeking to explore alternative methods 22 of incarceration which might serve as the catalyst for 23 reducing criminal behavior. 24 § 3903. Definitions. 25 The following words and phrases when used in this chapter 26 shall have the meanings given to them in this section unless the 27 context clearly indicates otherwise: 28 "Commission." The Pennsylvania Commission on Sentencing. 29 "Eligible inmate." A person sentenced to a term of 30 confinement under the jurisdiction of the Department of 20050S0506B1883 - 100 -
1 Corrections who is serving a term of confinement, the minimum of 2 which is not more than two years and the maximum of which is 3 five years or less or an inmate who is serving a term of 4 confinement the minimum of which is not more than three years 5 where that inmate is within two years of completing his minimum 6 term, and who has not reached 35 years of age at the time he is 7 approved for participation in the motivational boot camp 8 program. The term shall not include any inmate who is subject to 9 a sentence the calculation of which included an enhancement for 10 the use of a deadly weapon as defined pursuant to the sentencing 11 guidelines promulgated by the Pennsylvania Commission on 12 Sentencing or any inmate serving a sentence for any violation of 13 one or more of the following provisions: 14 18 Pa.C.S. § 2502 (relating to murder). 15 18 Pa.C.S. § 2503 (relating to voluntary manslaughter). 16 18 Pa.C.S. § 2506 (relating to drug delivery resulting in 17 death). 18 18 Pa.C.S. § 2901 (relating to kidnapping). 19 18 Pa.C.S. § 3121 (relating to rape). 20 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual 21 intercourse). 22 18 Pa.C.S. § 3124.1 (relating to sexual assault). 23 18 Pa.C.S. § 3125 (relating to aggravated indecent 24 assault). 25 18 Pa.C.S. § 3301(a)(1)(i) (relating to arson and related 26 offenses). 27 18 Pa.C.S. § 3502 (relating to burglary) in the case of 28 burglary of a structure adapted for overnight accommodation 29 in which at the time of the offense any person is present. 30 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to 20050S0506B1883 - 101 -
1 robbery). 2 18 Pa.C.S. § 3702 (relating to robbery of motor vehicle). 3 18 Pa.C.S. § 7508 (a)(1)(iii), (2)(iii), (3)(iii) or 4 (4)(iii) (relating to drug trafficking sentencing and 5 penalties). 6 "Motivational boot camp." A program in which eligible 7 inmates participate for a period of six months in a humane 8 program for motivational boot camp programs which shall provide 9 for rigorous physical activity, intensive regimentation and 10 discipline, work on public projects, substance abuse treatment 11 services licensed by the Department of Health, continuing 12 education, vocational training, prerelease counseling and 13 community corrections aftercare. 14 § 3904. Selection of inmate participants. 15 (a) Duties of commission.--Through the use of sentencing 16 guidelines, the commission shall employ the definition of 17 "eligible inmate" as provided in this chapter to further 18 identify inmates who would be appropriate for participation in a 19 motivational boot camp. 20 (b) Duties of sentencing judge.--The sentencing judge shall 21 employ the sentencing guidelines to identify those defendants 22 who are eligible for participation in a motivational boot camp. 23 The judge shall have the discretion to exclude a defendant from 24 eligibility if the judge determines that the defendant would be 25 inappropriate for placement in a motivational boot camp. The 26 judge shall note on the sentencing order whether the defendant 27 has been identified as eligible for a motivational boot camp 28 program. 29 (c) Duties of department.--The secretary shall promulgate 30 rules and regulations providing for inmate selection criteria 20050S0506B1883 - 102 -
1 and the establishment of motivational boot camp selection 2 committees within each diagnostic and classification center of 3 the department. 4 § 3905. Motivational boot camp program. 5 (a) Establishment.--There is hereby established in the 6 department a motivational boot camp program. 7 (b) Program objectives.--The objectives of the program are: 8 (1) To protect the health and safety of the Commonwealth 9 by providing a program which will reduce recidivism and 10 promote characteristics of good citizenship among eligible 11 inmates. 12 (2) To divert inmates who ordinarily would be sentenced 13 to traditional forms of confinement under the custody of the 14 department to motivational boot camps. 15 (3) To provide discipline and structure to the lives of 16 eligible inmates and to promote these qualities in the 17 postrelease behavior of eligible inmates. 18 (c) Rules and regulations.-- 19 (1) The secretary shall promulgate rules and regulations 20 which shall include, but not be limited to, inmate 21 discipline, selection criteria, programming and supervision 22 and administration. 23 (2) The department shall provide four weeks of intensive 24 training for all staff prior to the start of their 25 involvement with the program. 26 (d) Approval.--Motivational boot camp programs may be 27 established only at correctional institutions classified by the 28 secretary as motivational boot camp institutions. 29 (e) Evaluation.--The department and the commission shall 30 monitor and evaluate the motivational boot camp programs to 20050S0506B1883 - 103 -
1 ensure that the programmatic objectives are met. Both shall 2 present biennial reports of the evaluations to the Judiciary 3 Committee of the Senate and the Judiciary Committee of the House 4 of Representatives no later than February 1 in alternate years. 5 § 3906. Procedure for selection of participant in motivational 6 boot camp program. 7 (a) Application.--An eligible inmate may make an application 8 to the motivational boot camp selection committee for permission 9 to participate in the motivational boot camp program. 10 (b) Selection.--If the selection committee determines that 11 an inmate's participation in the program is consistent with the 12 safety of the community, the welfare of the applicant, the 13 programmatic objectives and the rules and regulations of the 14 department, the committee shall forward the application to the 15 secretary or his designee for approval or disapproval. 16 (c) Conditions.--Applicants may not participate in the 17 motivational boot camp program unless they agree to be bound by 18 all the terms and conditions thereof and indicate their 19 agreement by signing a memorandum of understanding. 20 (d) Qualifications to participate.--Satisfaction of the 21 qualifications set forth in this section to participate does not 22 mean that an inmate will automatically be permitted to 23 participate in the program. 24 (e) Expulsion from program.-- 25 (1) An inmate's participation in the motivational boot 26 camp unit may be suspended or revoked for administrative or 27 disciplinary reasons. 28 (2) The department shall develop regulations consistent 29 with this subsection. 30 § 3907. Completion of motivational boot camp program. 20050S0506B1883 - 104 -
1 Upon certification by the department of the inmate's 2 successful completion of the program, the Pennsylvania Board of 3 Probation and Parole shall immediately release the inmate on 4 parole, notwithstanding any minimum sentence imposed in the 5 case. The parolee will be subject to intensive supervision for a 6 period of time determined by the board, after which the parolee 7 will be subject to the usual parole supervision. For all other 8 purposes, the parole of the inmate shall be as provided by 9 Chapter 61 (relating to Pennsylvania Board of Probation and 10 Parole). 11 § 3908. Appeals. 12 Nothing in this chapter shall be construed to enlarge or 13 limit the right of an inmate to appeal his or her sentence. 14 CHAPTER 41 15 STATE INTERMEDIATE PUNISHMENT 16 Sec. 17 4101. Scope of chapter. 18 4102. Findings and purpose. 19 4103. Definitions. 20 4104. Referral to State intermediate punishment program. 21 4105. Drug offender treatment program. 22 4106. Written guidelines and regulations. 23 4107. Reports. 24 4108. Construction. 25 4109. Evaluation. 26 § 4101. Scope of chapter. 27 This chapter relates to State intermediate punishment. 28 § 4102. Findings and purpose. 29 The General Assembly finds as follows: 30 (1) Many crimes are committed by persons who, because of 20050S0506B1883 - 105 -
1 their addiction to drugs or alcohol, are unable to maintain 2 gainful employment. 3 (2) These persons often commit crimes as a means of 4 obtaining the funds necessary to purchase drugs or alcohol. 5 (3) Many persons commit crimes while under the influence 6 of drugs or alcohol even though they are not addicted to such 7 substances in a clinical sense. 8 (4) Punishing persons who commit crimes is an important 9 aspect of recognizing the harm that criminals visit upon 10 their victims. 11 (5) Many people who commit crimes will be able to become 12 law-abiding, contributing members of society if they are able 13 to obtain treatment for their drug or alcohol addiction or 14 abuse. 15 (6) The purpose of this chapter is to create a program 16 that punishes person who commit crimes, but also provides 17 treatment that offers the opportunity for those persons to 18 address their drug or alcohol addiction or abuse and thereby 19 reduce the incidents of recidivism and enhance public safety. 20 § 4103. Definitions. 21 The following words and phrases when used in this chapter 22 shall have the meanings given to them in this section unless the 23 context clearly indicates otherwise: 24 "Commission." The Pennsylvania Commission on Sentencing. 25 "Community-based therapeutic community." A long-term 26 residential addiction treatment program licensed by the 27 Department of Health to provide addiction treatment services 28 using a therapeutic community model and determined by the 29 Department of Corrections to be qualified to provide addiction 30 treatment to eligible offenders. 20050S0506B1883 - 106 -
1 "Community corrections center." A residential program that 2 is supervised and operated by the Department of Corrections for 3 inmates with prerelease status or who are on parole. 4 "Court." The trial judge exercising sentencing jurisdiction 5 over an eligible offender under this chapter or the president 6 judge if the original trial judge is no longer serving as a 7 judge of the sentencing court. 8 "Defendant." An individual charged with a drug-related 9 offense. 10 "Department." The Department of Corrections of the 11 Commonwealth. 12 "Drug offender treatment program." An individualized 13 treatment program established by the Department of Corrections 14 consisting primarily of drug and alcohol addiction treatment 15 that satisfies the terms and conditions listed in section 4105 16 (relating to drug offender treatment program). 17 "Drug-related offense." A criminal offense for which a 18 defendant is convicted and that the court determines was 19 motivated by the defendant's consumption of or addiction to 20 alcohol or a controlled substance, counterfeit, designer drug, 21 drug, immediate precursor or marihuana, as those terms are 22 defined in the act of April 14, 1972 (P.L.233, No.64), known as 23 The Controlled Substance, Drug, Device and Cosmetic Act. 24 "Eligible offender." Subject to 42 Pa.C.S. § 9721(a.1) 25 (relating to sentencing generally), a defendant designated by 26 the sentencing court as a person convicted of a drug-related 27 offense who: 28 (1) Has undergone an assessment performed by the 29 Department of Corrections, which assessment has concluded 30 that the defendant is in need of drug and alcohol addiction 20050S0506B1883 - 107 -
1 treatment and would benefit from commitment to a drug 2 offender treatment program and that placement in a drug 3 offender treatment program would be appropriate. 4 (2) Does not demonstrate a history of present or past 5 violent behavior. 6 (3) Would be placed in the custody of the department if 7 not sentenced to State intermediate punishment. 8 (4) Provides written consent permitting release of 9 information pertaining to the defendant's participation in a 10 drug offender treatment program. 11 The term shall not include a defendant who is subject to a 12 sentence the calculation of which includes an enhancement for 13 the use of a deadly weapon, as defined pursuant to law or the 14 sentencing guidelines promulgated by the Pennsylvania Commission 15 on Sentencing, or a defendant who has been convicted of a 16 personal injury crime as defined in section 103 of the act of 17 November 24, 1998 (P.L.882, No.111), known as the Crime Victims 18 Act, or an attempt or conspiracy to commit such a crime or who 19 has been convicted of violating 18 Pa.C.S. § 4302 (relating to 20 incest), 5901 (relating to open lewdness), 6312 (relating to 21 abuse of children), 6318 (relating to unlawful contact with 22 minor) or 6320 (relating to sexual exploitation of children) or 23 Ch. 76 Subch. C (relating to Internet child pornography). 24 "Expulsion." The permanent removal of a participant from a 25 drug offender treatment program. 26 "Group home." A residential program that is contracted out 27 by the Department of Corrections to a private service provider 28 for inmates with prerelease status or who are on parole. 29 "Individualized drug offender treatment plan." An 30 individualized addiction treatment plan within the framework of 20050S0506B1883 - 108 -
1 the drug offender treatment program. 2 "Institutional therapeutic community." A residential drug 3 treatment program in a State correctional institution, 4 accredited as a therapeutic community for treatment of drug and 5 alcohol abuse and addiction by the American Correctional 6 Association or other nationally recognized accreditation 7 organization for therapeutic community drug and alcohol 8 addiction treatment. 9 "Outpatient addiction treatment facility." An addiction 10 treatment facility licensed by the Department of Health and 11 designated by the Department of Corrections as qualified to 12 provide addiction treatment to criminal justice offenders. 13 "Participant." An eligible offender actually sentenced to 14 State intermediate punishment pursuant to 42 Pa.C.S. § 15 9721(a)(7) (relating to sentencing generally). 16 "Transitional residence." A residence investigated and 17 approved by the Department of Corrections as appropriate for 18 housing a participant in a drug offender treatment program. 19 § 4104. Referral to State intermediate punishment program. 20 (a) Referral for evaluation.-- 21 (1) Prior to imposing a sentence, the court may, upon 22 motion of the Commonwealth and agreement of the defendant, 23 commit a defendant to the custody of the department for the 24 purpose of evaluating whether the defendant would benefit 25 from a drug offender treatment program and whether placement 26 in the drug offender treatment program is appropriate. 27 (2) Upon committing a defendant to the department, the 28 court shall forward to the department: 29 (i) A summary of the offense for which the defendant 30 has been convicted. 20050S0506B1883 - 109 -
1 (ii) Information relating to the defendant's history 2 of delinquency or criminality, including the information 3 maintained by the court pursuant to 42 Pa.C.S. Ch. 63 4 (relating to juvenile matters), when available. 5 (iii) Information relating to the defendant's 6 history of drug or alcohol abuse or addiction, when 7 available. 8 (iv) A presentence investigation report, when 9 available. 10 (v) Any other information the court deems relevant 11 to assist the department with its assessment of the 12 defendant. 13 (b) Assessment of addiction.-- 14 (1) The department shall conduct an assessment of the 15 addiction and other treatment needs of a defendant and 16 determine whether the defendant would benefit from a drug 17 offender treatment program. The assessment shall be conducted 18 using a nationally recognized assessment instrument or an 19 instrument that has been normed and validated on the 20 department's inmate population by a recognized expert in such 21 matters. The assessment instrument shall be administered by 22 persons skilled in the treatment of drug and alcohol 23 addiction and trained to conduct assessments. The assessments 24 shall be reviewed and approved by a supervisor with at least 25 three years of experience providing drug and alcohol 26 counseling services. 27 (2) The department shall conduct risk and other 28 assessments it deems appropriate and shall provide a report 29 of its assessment to the court, the defendant, the attorney 30 for the Commonwealth and the commission within 60 days of the 20050S0506B1883 - 110 -
1 court's commitment of the defendant to the custody of the 2 department. 3 (c) Proposed drug offender treatment program.--If the 4 department in its discretion believes a defendant would benefit 5 from a drug offender treatment program and placement in the drug 6 offender treatment program is appropriate, the department shall 7 provide the court, the defendant, the attorney for the 8 Commonwealth and the commission with a proposed drug offender 9 treatment program detailing the type of treatment proposed. 10 (d) Prerequisites for commitment.--Upon receipt of a 11 recommendation for placement in a drug offender treatment 12 program from the department and agreement of the attorney for 13 the Commonwealth and the defendant, the court may sentence an 14 eligible offender to a period of 24 months of State intermediate 15 punishment if the court finds that: 16 (1) The eligible offender is likely to benefit from 17 State intermediate punishment. 18 (2) Public safety would be enhanced by the eligible 19 offender's participation in State intermediate punishment. 20 (3) Sentencing the eligible offender to State 21 intermediate punishment would not depreciate the seriousness 22 of the offense. 23 (e) Consecutive probation.--Nothing in this chapter shall 24 prohibit the court from sentencing an eligible offender to a 25 consecutive period of probation. The total duration of the 26 sentence may not exceed the maximum term for which the eligible 27 offender could otherwise be sentenced. 28 (f) Applicability and program limitations.--The court may 29 not modify or alter the terms of the department's proposed 30 individualized drug offender treatment plan without the 20050S0506B1883 - 111 -
1 agreement of the department and the attorney for the 2 Commonwealth. 3 (g) Videoconferencing.--The department shall make 4 videoconferencing facilities available to allow the court to 5 conduct proceedings necessary under this section when the 6 eligible offender has been committed to the custody of the 7 department pursuant to subsection (b). 8 § 4105. Drug offender treatment program. 9 (a) Establishment.--The department shall establish and 10 administer a drug offender treatment program as a State 11 intermediate punishment. The program shall be designed to 12 address the individually assessed drug and alcohol abuse and 13 addiction needs of a participant and shall address other issues 14 essential to the participant's successful reintegration into the 15 community, including, but not limited to, educational and 16 employment issues. 17 (b) Duration and components.--Notwithstanding any credit to 18 which the defendant may be entitled under 42 Pa.C.S. § 9760 19 (relating to credit for time served), the duration of the drug 20 offender treatment program shall be 24 months and shall include 21 the following: 22 (1) A period in a State correctional institution of not 23 less than seven months. This period shall include: 24 (i) The time during which the defendants are being 25 evaluated by the department under section 4104(b) 26 (relating to referral to State intermediate punishment 27 program). 28 (ii) Following evaluation under subparagraph (i), 29 not less than four months shall be in an institutional 30 therapeutic community. 20050S0506B1883 - 112 -
1 (2) A period of treatment in a community-based 2 therapeutic community of at least two months. 3 (3) A period of at least six months' treatment through 4 an outpatient addiction treatment facility. During the 5 outpatient addiction treatment period of the drug offender 6 treatment program, the participant may be housed in a 7 community corrections center or group home or placed in an 8 approved transitional residence. The participant must comply 9 with any conditions established by the department regardless 10 of where the participant resides during the outpatient 11 addiction treatment portion of the drug offender treatment 12 program. 13 (4) A period of supervised reintegration into the 14 community for the balance of the drug offender treatment 15 program, during which the participant shall continue to be 16 supervised by the department and comply with any conditions 17 imposed by the department. 18 (c) Program management.-- 19 (1) Consistent with the minimum time requirements set 20 forth in subsection (b), the department may transfer, at its 21 discretion, a participant between a State correctional 22 institution, an institutional therapeutic community, a 23 community-based therapeutic community, an outpatient 24 addiction treatment program and an approved transitional 25 residence. The department may also transfer a participant 26 back and forth between less restrictive and more restrictive 27 settings based upon the participant's progress or regression 28 in treatment or for medical, disciplinary or other 29 administrative reasons. 30 (2) This subsection shall be construed to provide the 20050S0506B1883 - 113 -
1 department with the maximum flexibility to administer the 2 drug offender treatment program both as a whole and for 3 individual participants. 4 (d) Right of refusal to admit.--The administrator of a 5 community-based therapeutic community or outpatient addiction 6 treatment facility may refuse to accept a participant whom the 7 administrator deems to be inappropriate for admission and may 8 immediately discharge to the custody of the department any 9 participant who fails to comply with facility rules and 10 treatment expectations or refuses to constructively engage in 11 the treatment process. 12 (e) Notice to court of completion of program.--When the 13 department determines that a participant has successfully 14 completed the drug offender treatment program, it shall notify 15 the sentencing court, the attorney for the Commonwealth and the 16 commission. 17 (f) Expulsion from program.-- 18 (1) A participant may be expelled from the drug offender 19 treatment program at any time in accordance with guidelines 20 established by the department, including failure to comply 21 with administrative or disciplinary procedures or 22 requirements set forth by the department. 23 (2) The department shall promptly notify the court, the 24 defendant, the attorney for the Commonwealth and the 25 commission of the expulsion of a participant from the drug 26 offender treatment program and the reason for such expulsion. 27 The participant shall be housed in a State correctional 28 institution or county jail pending action by the court. 29 (3) The court shall schedule a prompt State intermediate 30 punishment revocation hearing pursuant to 42 Pa.C.S. § 9774 20050S0506B1883 - 114 -
1 (relating to revocation of State intermediate punishment 2 sentence). 3 § 4106. Written guidelines and regulations. 4 The department shall develop written guidelines for 5 participant selection criteria and the establishment of drug 6 offender treatment program selection committees within each 7 diagnostic and classification center of the department and shall 8 address suspensions and expulsions from the drug offender 9 treatment program. The guidelines shall not be subject to the 10 act of June 25, 1982 (P.L.633, No.181), known as the Regulatory 11 Review Act, and shall be effective for a period of two years 12 upon publication in the Pennsylvania Bulletin. The guidelines 13 shall be replaced by regulations promulgated by the department 14 consistent with the Regulatory Review Act within the two-year 15 period during which the guidelines are effective. The 16 regulations shall include a requirement that community-based 17 therapeutic communities utilized in the drug offender treatment 18 program be accredited as a therapeutic community for treatment 19 of drug and alcohol abuse and addiction by the Commission on 20 Accreditation of Rehabilitation Facilities or other nationally 21 recognized accreditation organization for community-based 22 therapeutic communities for drug and alcohol addiction 23 treatment. 24 § 4107. Reports. 25 (a) Final report.--The department shall provide a final 26 report to the court, the defendant, the attorney for the 27 Commonwealth and the commission on a participant's progress in 28 the drug offender treatment program. 29 (b) Evaluation and report to General Assembly.--The 30 department and the commission shall monitor and evaluate the 20050S0506B1883 - 115 -
1 drug offender treatment program to ensure that the programmatic 2 objectives are met. In odd-numbered years, the department shall 3 present a report of its evaluation to the Judiciary Committee of 4 the Senate and the Judiciary Committee of the House of 5 Representatives no later than February 1. In even-numbered 6 years, the commission shall present a report of its evaluation 7 to the Judiciary Committee of the Senate and the Judiciary 8 Committee of the House of Representatives no later than February 9 1. The report shall include: 10 (1) The number of offenders evaluated for the drug 11 offender treatment program. 12 (2) The number of offenders sentenced to the drug 13 offender treatment program. 14 (3) The number of offenders sentenced to a State 15 correctional institution who may have been eligible for the 16 drug offender treatment program. 17 (4) The number of offenders successfully completing the 18 drug offender treatment program. 19 (5) The six-month, one-year, three-year and five-year 20 recidivism rates for offenders who have completed the drug 21 offender treatment program and for a comparison group of 22 offenders who were not placed in the drug offender treatment 23 program. 24 (6) Any changes the department or the commission 25 believes will make the drug offender treatment program more 26 effective. 27 § 4108. Construction. 28 Notwithstanding any other provision of law to the contrary, 29 this chapter shall not be construed to: 30 (1) Confer any legal right upon any individual, 20050S0506B1883 - 116 -
1 including an individual participating in the drug offender 2 treatment program, to: 3 (i) participate in a drug offender treatment 4 program; 5 (ii) continue participation in a drug offender 6 treatment program; 7 (iii) modify the contents of the drug offender 8 treatment program; or 9 (iv) file any cause of action in any court 10 challenging the department's determination that a 11 participant be suspended or expelled from or that a 12 participant has successfully completed or failed to 13 successfully complete treatment to be provided during any 14 portion of a drug offender treatment program. 15 (2) Enlarge or limit the right of a participant to 16 appeal the participant's sentence. 17 § 4109. Evaluation. 18 The department and the commission shall monitor and evaluate 19 the motivational boot camp program under Chapter 39 (relating to 20 motivational boot camp) to ensure that the programmatic 21 objectives are met. In even-numbered years, the department shall 22 present a report of its evaluation to the Judiciary Committee of 23 the Senate and the Judiciary Committee of the House of 24 Representatives no later than February 1. In odd-numbered years, 25 the commission shall present a report of its evaluation to the 26 Judiciary Committee of the Senate and the Judiciary Committee of 27 the House of Representatives no later than February 1. 28 CHAPTER 43 29 EXECUTION PROCEDURE AND METHOD 30 Sec. 20050S0506B1883 - 117 -
1 4301. Definitions. 2 4302. Issuance of warrant. 3 4303. Terms of confinement. 4 4304. Method of execution. 5 4305. Witnesses to execution. 6 4306. Certification of chief administrator. 7 4307. Postmortem examination. 8 4308. Costs of execution and examination. 9 § 4301. Definitions. 10 The following words and phrases when used in this chapter 11 shall have the meanings given to them in this section unless the 12 context clearly indicates otherwise: 13 "Victim." The term shall have the same meaning given to it 14 in section 103 of the act of November 24, 1998 (P.L.882, 15 No.111), known as the Crime Victims Act. 16 "Victim advocate." The victim advocate within the 17 Pennsylvania Board of Probation and Parole. 18 § 4302. Issuance of warrant. 19 (a) Time.-- 20 (1) After the receipt of the record pursuant to 42 21 Pa.C.S. § 9711(i) (relating to sentencing procedure for 22 murder of the first degree), unless a pardon or commutation 23 has been issued, the Governor shall, within 90 days, issue a 24 warrant specifying a day for execution which shall be no 25 later than 60 days after the date the warrant is signed. 26 (2) If because of a reprieve or a judicial stay of the 27 execution the date of execution passes without imposition of 28 the death penalty, unless a pardon or commutation has been 29 issued, the Governor shall, within 30 days after receiving 30 notice of the termination of the reprieve or the judicial 20050S0506B1883 - 118 -
1 stay, reissue a warrant specifying a day for execution which 2 shall be no later than 60 days after the date of reissuance 3 of the warrant. 4 (b) Secretary.--The warrant shall be directed to the 5 secretary commanding that the subject of the warrant be executed 6 on the day named in the warrant and in the manner prescribed by 7 law. 8 (c) Failure to timely comply.--If the Governor fails to 9 timely comply with the provisions of this section and a pardon 10 or commutation has not been issued, the secretary shall, within 11 30 days following the Governor's failure to comply, schedule and 12 carry out the execution no later than 60 days from the date by 13 which the Governor was required to sign the warrant under 14 subsection (a). 15 § 4303. Terms of confinement. 16 Upon receipt of the warrant, the secretary shall, until 17 infliction of the death penalty or until lawful discharge from 18 custody, keep the inmate in solitary confinement. During the 19 confinement, no person shall be allowed access to the inmate 20 without an order of the sentencing court, except the following: 21 (1) The staff of the department. 22 (2) The inmate's counsel of record or other attorney 23 requested by the inmate. 24 (3) A spiritual adviser selected by the inmate or the 25 members of the immediate family of the inmate. 26 § 4304. Method of execution. 27 (a) Injection.-- 28 (1) The death penalty shall be inflicted by injecting 29 the convict with a continuous intravenous administration of a 30 lethal quantity of an ultrashort-acting barbiturate in 20050S0506B1883 - 119 -
1 combination with chemical paralytic agents approved by the 2 department until death is pronounced by the coroner. The 3 coroner shall issue the death certificate. 4 (2) The execution shall be supervised by the chief 5 administrator or his designee of the State correctional 6 institution designated by the department for the execution. 7 (b) Injection agents.--Notwithstanding section 13 of the act 8 of April 14, 1972 (P.L.233, No.64), known as The Controlled 9 Substance, Drug, Device and Cosmetic Act, the secretary or his 10 designee may obtain the injection agents directly from a 11 pharmacist or manufacturer. 12 § 4305. Witnesses to execution. 13 (a) List of witnesses.--No person except the following shall 14 witness any execution under the provisions of this chapter: 15 (1) The chief administrator or his designee of the State 16 correctional institution where the execution takes place. 17 (2) Six reputable adult citizens selected by the 18 secretary. 19 (3) One spiritual adviser, when requested and selected 20 by the inmate. 21 (4) Not more than six duly accredited representatives of 22 the news media. 23 (5) Such staff of the department as may be selected by 24 the secretary. 25 (6) Not more than four victims registered with and 26 selected by the victim advocate. 27 (b) Witnesses.--The secretary may refuse participation by a 28 witness for safety or security reasons. The department shall 29 make reasonable efforts to provide victims a viewing area 30 separate and apart from the area to which other witnesses are 20050S0506B1883 - 120 -
1 admitted. 2 (c) Confidentiality.--The identity of department employees, 3 department contractors or victims who participate in the 4 administration of an execution pursuant to this section shall be 5 confidential. 6 § 4306. Certification of chief administrator. 7 After the execution, the chief administrator or his designee 8 shall certify in writing, under oath or affirmation, to the 9 court of the county where the inmate was sentenced to death that 10 the inmate was duly executed in accordance with this chapter. 11 The certificate shall be filed in the office of the clerk of 12 such court. 13 § 4307. Postmortem examination. 14 (a) General rule.--Immediately after execution, a postmortem 15 examination of the body of the inmate shall be made at the 16 discretion of the coroner of the county in which the execution 17 is performed. The coroner shall report the nature of any 18 examination made. This report shall be annexed to and filed with 19 the certificate required under section 4306 (relating to 20 certification of chief administrator). 21 (b) Disposition of body.--After the postmortem examination, 22 unless claimed by a relative or relatives, the department shall 23 be responsible for disposition of the body. 24 § 4308. Costs of execution and examination. 25 The actual and necessary costs of the execution and the 26 postmortem examination shall be paid by the department. 27 CHAPTER 59 28 MISCELLANEOUS PROVISIONS 29 Sec. 30 5901. Physical welfare of inmates. 20050S0506B1883 - 121 -
1 5902. Contraband prohibited. 2 5903. Inmate uniforms. 3 5904. Assessment and collection of costs. 4 § 5901. Physical welfare of inmates. 5 (a) Physical exercise.-- 6 (1) A chief administrator who may or shall have in 7 charge any inmate, whether the inmate has been tried or not, 8 shall provide the inmate with at least two hours of daily 9 physical exercise in the open, weather permitting, and upon 10 such days on which the weather is inclement, with two hours 11 of daily physical exercise inside of the correctional 12 institution. 13 (2) The physical exercise must be safe and practical, 14 and the judges of several courts are to be the judges 15 thereof. 16 (3) Inmates in segregation or disciplinary status shall 17 receive a minimum of at least one hour of daily exercise five 18 days per week. 19 (b) Limitation.--The physical exercise required by 20 subsection (a) shall not be taken by an inmate within the 21 confines of his cell or room in which the inmate is confined. 22 (c) Applicability.--This section shall not apply to inmates 23 who are confined and not physically able to take the required 24 physical exercise. 25 § 5902. Contraband prohibited. 26 (a) Alcohol and drugs.--No spirituous or fermented liquors, 27 drug, medicine, poison, opium, morphine or any other kind or 28 character of narcotics shall, on any pretense whatever: 29 (1) be sold or given away in a correctional institution 30 or in any building appurtenant thereto, or on the land 20050S0506B1883 - 122 -
1 granted to or owned or leased by the Commonwealth for the use 2 and benefit of inmates; or 3 (2) be brought into a correctional institution or any 4 building appurtenant thereto, or on to the land granted to or 5 owned or leased by the Commonwealth for the use of and 6 benefit of inmates, without a written permit signed by the 7 physician of the correctional institution specifying the 8 quantity and quality of the liquor or narcotic which may be 9 furnished to the inmate or employee in the prison and the 10 name of the inmate or employee for whom and the time when the 11 liquor or narcotic may be furnished, except the ordinary 12 hospital supply of the prisons. 13 (b) Permit.--The permit shall be delivered to and kept by 14 the chief administrator. 15 (c) No secured storage.--No spirituous or fermented liquor, 16 drug, medicine, poison, opium, morphine or any other kind or 17 character of narcotic shall be sold, given away or furnished, 18 either directly or indirectly, to an inmate, either in or 19 anywhere outside of the correctional institution, or be disposed 20 of in such manner or in such a place that it may be secured by 21 an inmate or employee of the prison. 22 (d) Tobacco.--Tobacco may be supplied and used, subject to 23 such regulations as may be adopted by the chief administrator. 24 (e) Weapons.--No weapon or other implement which may be used 25 to injure an inmate or person or in assisting an inmate to 26 escape from imprisonment shall: 27 (1) be sold, given away or furnished to an inmate in any 28 correctional institution or any building appurtenant thereto, 29 or on the land granted to or owned or leased by the 30 Commonwealth for the use and benefit of inmates; 20050S0506B1883 - 123 -
1 (2) be brought into any 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 and benefit 4 of inmates; or 5 (3) be sold, given away or furnished, either directly or 6 indirectly, to an inmate, either in or anywhere outside of 7 the correctional institution, or be disposed of in such a 8 manner or in such a place that it may be secured by an inmate 9 in the correctional institution. 10 (f) Searches.--A chief administrator may search or cause to 11 have searched any person coming to the correctional institution 12 as a visitor, or in any other capacity, who is suspected of 13 having upon his person: 14 (1) any weapon or other implement which may be used to 15 injure an inmate or any other person or in assisting an 16 inmate to escape from imprisonment; or 17 (2) any spirituous or fermented liquor, drug, medicine, 18 poison, opium, morphine or any other kind or character of 19 narcotics. 20 (g) Penalty.--A person who violates any of the provisions of 21 this section commits a felony and shall, upon conviction, be 22 sentenced to pay a fine of not more than $1,000 or to 23 imprisonment for not more than five years, or both. 24 § 5903. Inmate uniforms. 25 While incarcerated, an inmate of a State correctional 26 institution shall wear identifiable prison uniforms and shall 27 not wear civilian clothing. 28 § 5904. Assessment and collection of costs. 29 (a) Power of department.--When the department determines 30 that there has been a financial loss or cost as a result of a 20050S0506B1883 - 124 -
1 violation of a written rule governing inmate behavior, 2 including, but not limited to, property loss or damage or use of 3 a controlled substance, the department may require the inmate to 4 pay to the department, or to the person whose property has been 5 lost or damaged, the value of the property or the costs incurred 6 in the investigation and administrative review of the behavior. 7 (b) Procedures.--The department shall develop written 8 procedures relating to the determination, assessment and 9 collection of the costs of losses due to inmate misconduct. When 10 the procedures have been adopted by the department, the 11 provisions of 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and 12 procedure of Commonwealth agencies) shall not apply to 13 proceedings conducted by the department under this section. 14 (c) Deduction from inmate's institutional account.-- 15 (1) The department may deduct from an inmate's 16 institutional account the amount of any judgment, court- 17 ordered costs or assessments against the inmate under 18 subsection (a). 19 (2) Notice of the deduction shall be provided to the 20 inmate by certified mail or personal notice. 21 PART IV 22 PROBATION AND PAROLE 23 Chapter 24 61. Pennsylvania Board of Probation and Parole 25 63. County Probation Officers' Firearm Education and 26 Training 27 CHAPTER 61 28 PENNSYLVANIA BOARD OF PROBATION AND PAROLE 29 Subchapter 30 A. Preliminary Provisions 20050S0506B1883 - 125 -
1 B. Administration 2 C. Powers and Duties 3 D. State Parole Agents 4 SUBCHAPTER A 5 PRELIMINARY PROVISIONS 6 Sec. 7 6101. Definitions. 8 6102. Operation of parole system generally. 9 § 6101. Definitions. 10 The following words and phrases when used in this chapter 11 shall have the meanings given to them in this section unless the 12 context clearly indicates otherwise: 13 "Board." The Pennsylvania Board of Probation and Parole. 14 § 6102. Operation of parole system generally. 15 The parole system shall operate consistent with the following 16 provisions: 17 (1) The parole system provides several benefits to the 18 criminal justice system, including the provision of adequate 19 supervision of the offender while protecting the public, the 20 opportunity for the offender to become a useful member of 21 society and the diversion of appropriate offenders from 22 prison. 23 (2) In providing these benefits to the criminal justice 24 system, the board shall first and foremost seek to protect 25 the safety of the public. 26 (3) In addition to this goal, the board shall address 27 input by crime victims and assist in the fair administration 28 of justice by ensuring the custody, control and treatment of 29 paroled offenders. 30 SUBCHAPTER B 20050S0506B1883 - 126 -
1 ADMINISTRATION 2 Sec. 3 6111. Pennsylvania Board of Probation and Parole. 4 6112. Board chairperson. 5 6113. Board action. 6 6114. Salaries of board members. 7 6115. Incompatible offices and removal. 8 6116. Meetings. 9 6117. Official seal. 10 6118. Offices. 11 6119. District directors. 12 6120. District office employees. 13 6121. Disciplinary action. 14 6122. Political activities. 15 6123. Advisory committee. 16 § 6111. Pennsylvania Board of Probation and Parole. 17 (a) Establishment.--The Pennsylvania Board of Probation and 18 Parole is reestablished as an independent administrative board 19 for the administration of the probation and parole laws of this 20 Commonwealth. 21 (b) Membership.--The board shall consist of nine members who 22 shall be appointed by the Governor, by and with the advice and 23 consent of a majority of the members of the Senate, and each of 24 whom shall hold office for a term of six years or until that 25 person's successor shall have been duly appointed and qualified, 26 but in no event more than 90 days beyond the expiration of that 27 person's appointed term. 28 (c) Vacancies.-- 29 (1) Vacancies occurring in an office of member of the 30 board by expiration of term, death, resignation, removal or 20050S0506B1883 - 127 -
1 for any other reason shall be filled in the manner provided 2 by section 8 of Article IV of the Constitution of 3 Pennsylvania for the remainder of the term. 4 (2) Whenever a board member's term expires, that 5 member's position shall be immediately deemed a vacancy, and 6 the Governor shall nominate a person to fill that membership 7 position on the board within 90 days of the date of 8 expiration, even if the member continues to remain on the 9 board. 10 (d) Eligibility.--To be eligible to be appointed by the 11 Governor for membership on the board, an individual shall have 12 at least six years of professional experience in parole, 13 probation, social work or related areas, including one year in a 14 supervisory or administrative capacity, and a bachelor's degree. 15 Any equivalent combination of experience and training shall be 16 acceptable. 17 (e) General powers.--Subject to the provisions of this 18 chapter, the board shall have all the powers and shall perform 19 the duties generally vested in and imposed upon independent 20 administrative boards and commissions by the act of April 9, 21 1929 (P.L.177, No.175), known as The Administrative Code of 22 1929, and shall be subject to all the provisions of that act 23 applicable generally to independent administrative boards and 24 commissions. 25 § 6112. Board chairperson. 26 (a) Designation by Governor.--The Governor shall from time 27 to time, as the occasion may arise, designate one of the members 28 of the board to be its chairperson who shall: 29 (1) Direct the operations of the board and fulfill the 30 functions established by this chapter. 20050S0506B1883 - 128 -
1 (2) Secure the effective application of the probation 2 system in all of the courts of this Commonwealth and the 3 enforcement of the probation laws. 4 (3) Preside at all meetings of the board. 5 (4) Perform all the duties and functions of chairperson, 6 including organizing, staffing, controlling, directing and 7 administering the work of the staff. 8 (b) Alternate chairperson.--The board may designate one of 9 its members to act as alternate chairperson during the absence 10 or incapacity of the chairperson and, when so acting, the member 11 so designated shall have and perform all the powers and duties 12 of chairperson of the board, but shall not receive any 13 additional compensation for acting as chairperson. 14 (c) Subject to board policies and procedures.--The 15 chairperson and alternate chairperson, in performing the duties 16 of that office as they relate to parole, reparole and violation 17 and revocation proceedings, shall act in accordance with the 18 policies and procedures established by the board. 19 § 6113. Board action. 20 (a) Quorum.-- 21 (1) A majority of the board shall constitute a quorum 22 for transacting business and, except as otherwise provided in 23 this chapter, a majority vote of those present at any meeting 24 shall be sufficient for any official action taken by the 25 board. 26 (2) Except as provided in subsections (b), (c) and (d), 27 no person shall be paroled or discharged from parole or have 28 his parole revoked, except by a majority of the entire 29 membership of the board. 30 (b) Panel decisions.--The board may make decisions on 20050S0506B1883 - 129 -
1 parole, reparole, return or revocation in panels of two persons. 2 A panel shall consist of one board member and one hearing 3 examiner or of two board members. Panels shall be appointed by 4 the chairperson or the chairperson's designee. 5 (c) Disagreement within panel.-- 6 (1) If there is disagreement on a decision to parole 7 between the members of a panel, the matter shall be decided 8 by a board member appointed by the chairperson or the 9 chairperson's designee, who shall concur with one of the 10 original panel members. 11 (2) If there is disagreement on a revocation decision 12 between the members of the panel, the matter shall be decided 13 by three board members appointed by the chairperson or the 14 chairperson's designee; at least two of these members must 15 not have been on the disagreeing panel, if practicable. 16 (d) Appeal.-- 17 (1) An interested party may appeal a revocation decision 18 within 30 days of the board's order. The decision shall be 19 reviewed by three board members appointed by the chairperson 20 or the chairperson's designee. 21 (2) If practicable, at least two of the board members 22 reviewing the decision must not have been on the panel whose 23 decision is being appealed. The three board members deciding 24 the appeal may affirm, reverse or remand the decision of the 25 panel or may order the matter be heard de novo. 26 § 6114. Salaries of board members. 27 The Executive Board shall determine the salaries to be paid 28 to the members of the board. 29 § 6115. Incompatible offices and removal. 30 (a) General rule.--The members of the board shall not hold 20050S0506B1883 - 130 -
1 any other public office or employment nor engage in any 2 business, profession or employment during their terms of service 3 as members thereof and shall hold their offices during the terms 4 for which they shall have been appointed. 5 (b) Procedure for removal.-- 6 (1) A member of the board may be removed by the 7 Governor, by and with the advice and consent of two-thirds of 8 the members of the Senate. 9 (2) During a recess of the Senate, the Governor may 10 suspend a member of the board for cause, and before 11 suspension the Governor shall furnish to the member a 12 statement in writing of the reasons for the proposed 13 suspension of the member. The suspension shall operate and be 14 effective only until the adjournment of the next session of 15 the Senate following the suspension. 16 § 6116. Meetings. 17 (a) General rule.--As soon as may be convenient after their 18 appointment, the members of the board shall meet and organize. 19 (b) Appointment of secretary.--The members of the board 20 shall appoint a secretary, who: 21 (1) Shall not be a member of the board. 22 (2) Shall hold office at the pleasure of the board. 23 (3) Shall have such powers and perform such duties not 24 inconsistent with any law of this Commonwealth as the board 25 shall prescribe. 26 (4) Shall receive such compensation as the board shall 27 determine in conformity with the rules of the Executive 28 Board. 29 (c) Temporary secretary.--In the absence or incapacity of 30 the secretary to act, the board may designate such other person 20050S0506B1883 - 131 -
1 as it may choose to perform temporarily the duties of secretary. 2 § 6117. Official seal. 3 The board shall adopt an official seal by which its acts and 4 proceedings shall be authenticated and of which the courts shall 5 take judicial notice. The certificate of the chairperson of the 6 board, under the seal of the board and attested by the 7 secretary, shall be accepted in evidence in any judicial 8 proceeding in any court of this Commonwealth as adequate and 9 sufficient proof of the acts and proceedings of the board 10 referenced in the certificate. 11 § 6118. Offices. 12 (a) Principal office.--The principal office of the board 13 shall be in Harrisburg, and the board shall appoint and employ 14 such number and character of officers, agents, clerks, 15 stenographers and employees as may be necessary to carry out the 16 purposes of this chapter. The salaries of persons so appointed 17 and employed by the board shall be fixed by the board. 18 (b) District offices.--The board, with the approval of the 19 Governor, shall divide the Commonwealth for administrative 20 purposes into a suitable number of districts, not to exceed ten, 21 in each of which shall be a district office which shall have 22 immediate charge of the supervision of cases of probation and 23 parole arising in the courts of the judicial districts embraced 24 within its territorial limits, but, as occasion may require, the 25 supervision of particular parolees may be transferred by the 26 board to other appropriate parole districts. 27 (c) Location of district offices.-- 28 (1) The board shall fix and determine the location of 29 the various district offices within their respective 30 districts, having regard to local conditions in each district 20050S0506B1883 - 132 -
1 and to the most convenient and efficient functioning of the 2 office established in each district. 3 (2) At each of the locations so fixed and determined, 4 the board shall provide such office accommodations, 5 furniture, equipment and supplies as may be reasonably 6 suitable and adequate for the proper handling and dispatch of 7 the parole business of the district. 8 (3) The board may enter into contracts on behalf of the 9 Commonwealth for such office accommodations, furniture, 10 equipment and supplies through the Department of General 11 Services. 12 (d) Consideration for fixing compensation.--In fixing 13 compensation for its officers, clerks and employees under the 14 provisions of this chapter, the board shall have regard to the 15 kind, grade or class of service to be rendered, and whenever any 16 standard compensation has been fixed by the Executive Board for 17 any kind, grade or class of service or employment, the 18 compensation of all persons appointed or employed by the board 19 in the same kind, grade or class shall be fixed by it in 20 accordance with such standard. 21 § 6119. District directors. 22 (a) Establishment.--Each district parole office shall be in 23 charge of a district director who: 24 (1) Shall be appointed by the board, with the approval 25 of the Governor. 26 (2) Shall receive such annual salary as the board shall 27 determine in conformity with the rules of the Executive 28 Board. 29 (b) Status and role.--The district director shall be the 30 executive head of the district office to which the district 20050S0506B1883 - 133 -
1 supervisor is appointed and shall have the control, management 2 and direction of all employees of the board assigned to the 3 district, subject to the supervision of the board. 4 § 6120. District office employees. 5 (a) Board to appoint.--The board shall appoint in the 6 various district offices a sufficient number of parole officers, 7 clerks, stenographers and other agents and employees to fully 8 and efficiently administer the parole laws of this Commonwealth, 9 but no employee of the board, other than its secretary and 10 district supervisors, shall be appointed by the board except in 11 the manner provided by this chapter. 12 (b) Salaries and qualifications.--The salaries of the 13 appointees in subsection (a) shall be fixed by the board. The 14 board shall from time to time by appropriate rule or regulation 15 prescribe the qualifications to be possessed by its personnel. 16 The qualifications shall be such as will best promote the 17 efficient operation of probation and parole. 18 § 6121. Disciplinary action. 19 (a) General rule.--Except as otherwise provided in 20 subsection (b), an employee of the board, excluding the 21 secretary and district supervisors, may be removed, discharged 22 or reduced in pay or position only for cause and after being 23 given the reasons therefor in writing and afforded an 24 opportunity to be heard in answer thereto. 25 (b) Exception.--An employee may be suspended without pay and 26 without hearing for a period not exceeding 30 days, but the 27 reason or reasons for the suspension must be given to the 28 employee by the board in writing. 29 (c) Successive suspensions.--There shall not be any 30 successive suspensions of the same employee under this section. 20050S0506B1883 - 134 -
1 § 6122. Political activities. 2 (a) General rule.--No member of the board, or officer, clerk 3 or employee thereof, or any person officially connected with the 4 board: 5 (1) Shall take any active part in politics or be a 6 member of or delegate or alternate to any political 7 convention or be present at such convention, except in the 8 performance of that person's official duties under this 9 chapter. 10 (2) Shall serve as a member of or attend the meetings of 11 any committee of any political party, or take any part in 12 political management or political campaigns, or use that 13 person's office to influence political movements, or to 14 influence the action of any other officer, clerk or employee 15 of the board. 16 (3) Shall in any way or manner interfere with or 17 participate in the conduct of any election or the preparation 18 therefor at the polling place, or with the election officers 19 while counting the votes or returning the ballot boxes, 20 books, papers, election paraphernalia and machinery to the 21 place provided by law, or be within any polling place, except 22 for the purpose of voting as speedily as it reasonably can be 23 done or be otherwise within 50 feet or any polling place, 24 except for purposes of ordinary travel or residence during 25 the period of time beginning with one hour preceding the 26 opening of the polls for holding the election and ending with 27 the time when the election officers shall have finished 28 counting the votes and have left the polling place. 29 (4) Shall directly or indirectly make or give, demand or 30 solicit or be in any manner concerned in making, giving, 20050S0506B1883 - 135 -
1 demanding, soliciting or receiving any assessments, 2 subscriptions or contributions, whether voluntary or 3 involuntary, to any political party or for any political 4 purpose whatsoever. 5 (b) Penalty.--Any person who violates any of the provisions 6 of this section: 7 (1) Commits a misdemeanor of the third degree, and, upon 8 conviction thereof, shall be punished by a fine not exceeding 9 $500 and imprisonment not exceeding one year, or both. 10 (2) Shall forfeit that person's office or employment, as 11 the case may be. 12 (3) Shall not thereafter be appointed or employed by the 13 board in any position or capacity whatsoever. 14 (c) Dismissal required.--The board shall dismiss any 15 officer, clerk or employee thereof who shall violate this 16 section from that person's office or employment. 17 § 6123. Advisory committee. 18 (a) Establishment.--An advisory committee on probation is 19 reestablished to assist the board. 20 (b) Composition.--The advisory committee shall consist of 21 nine members, seven of whom shall be appointed by the Governor, 22 with the consent of a majority of the members of the Senate. At 23 least two shall be judges of courts of record of this 24 Commonwealth, at least one shall be a county commissioner, at 25 least one shall be a chief county probation officer, and the 26 remaining members shall be qualified in the field of probation 27 and parole either by training or experience. The President pro 28 tempore of the Senate and the Speaker of the House of 29 Representatives shall each appoint a member of their respective 30 houses to serve as members of the committee. 20050S0506B1883 - 136 -
1 (c) Terms.-- 2 (1) The term of a member hereafter appointed, except to 3 fill a vacancy, shall be for four years and until their 4 successors have been appointed and qualified, but in no event 5 more than 90 days beyond the expiration of their appointed 6 term. 7 (2) The terms of members of the committee who are 8 appointed by virtue of holding an office as a member of the 9 General Assembly, judge or county commissioner shall continue 10 only so long as that person remains in that office. 11 (3) Vacancies occurring in an office of a member of the 12 advisory committee by expiration of term, death, resignation, 13 removal or for any other reason shall be filled in the manner 14 provided by section 8 of Article IV of the Constitution of 15 Pennsylvania for the remainder of the term. 16 (4) Whenever the term of an advisory committee member, 17 other than one who is a member of the General Assembly, 18 expires, that member's position shall be immediately deemed a 19 vacancy, and the Governor shall nominate a person to fill 20 that membership position on the committee within 90 days of 21 the date of expiration, even if the member continues to 22 remain on the committee. The Governor shall designate one of 23 the members of the committee as its chairperson. 24 (d) Reimbursement of expenses.--Each member of the advisory 25 committee shall be paid all reasonable and necessary travel and 26 other expenses incurred by him in the performance of his duties. 27 (e) Assistance to be provided.--The advisory committee shall 28 aid the chairperson and the board in formulating and reviewing 29 standards for probation personnel and probation services in the 30 counties. 20050S0506B1883 - 137 -
1 SUBCHAPTER C 2 POWERS AND DUTIES 3 Sec. 4 6131. General powers of board. 5 6132. Specific powers of board involving parolees. 6 6133. Probation services. 7 6134. Sentencing court to transmit records to board. 8 6135. Investigation of circumstances of offense. 9 6136. Right of access to inmates. 10 6137. Parole power. 11 6138. Violation of terms of parole. 12 6139. Parole procedure. 13 6140. Victim statements, testimony and participation in 14 hearing. 15 6141. General rules and special regulations. 16 § 6131. General powers of board. 17 (a) General rule.--The board shall have the power and its 18 duty shall be: 19 (1) To supervise and make presentence investigations and 20 reports as provided by law. 21 (2) To collect and maintain copies of all presentence 22 investigations and reports. 23 (3) To collect and maintain a record of all persons who 24 are placed on probation and parole. 25 (4) To collect, compile and publish statistical and 26 other information relating to probation and parole work in 27 all courts and such other information the board may deem of 28 value in probation service. 29 (5) To establish, by regulation, uniform Statewide 30 standards for: 20050S0506B1883 - 138 -
1 (i) Presentence investigations. 2 (ii) The supervision of probationers. 3 (iii) The qualifications for probation personnel. 4 (iv) Minimum salaries. 5 (v) Quality of probation service. 6 The standards for the qualifications of probation personnel 7 shall only apply to probation personnel appointed after the 8 date the standards are established. Should any probation 9 personnel appointed prior to the date the standards were 10 established fail to meet the standards, the court having 11 jurisdiction of such personnel may request the board to 12 establish in-service training for them in accordance with the 13 standards. 14 (6) To adopt regulations establishing specific 15 composition, functions and responsibilities for citizens 16 advisory committees and to receive reports, recommendations 17 or other input concerning parole policies and parole-related 18 concerns from the committees on a regular basis. 19 (7) To adopt regulations establishing criteria for board 20 acceptance of cases for supervision and presentence 21 investigations from counties that on December 31, 1985, 22 maintained adult probation offices and parole systems. 23 (8) To enter into contracts for purchasing community 24 services to assist parolees and to supplement existing 25 programs. 26 (9) To pay the cost of preparole drug screening tests 27 for inmates within the parole release jurisdiction of the 28 board, who are confined in a State or local correctional 29 facility, as required under section 6137 (relating to parole 30 power). 20050S0506B1883 - 139 -
1 (10) To enter into contracts which provide for the 2 continuous electronic monitoring of parolees. 3 (11) To establish and provide for intensive supervision 4 units and day reporting centers for the supervision of 5 parolees. 6 (b) Court-appointed probation officers to submit information 7 to board.--A court that appoints a probation officer shall 8 require the probation officer to submit to the board such 9 information as the board may require on forms prescribed and 10 furnished by the board. 11 (c) Access to county records.--The board shall have free and 12 ready access to all probation and parole records of any county. 13 § 6132. Specific powers of board involving parolees. 14 (a) General rule.--The board shall have exclusive power: 15 (1) (i) To parole and reparole, commit and recommit for 16 violations of parole and to discharge from parole all 17 persons sentenced by any court at any time to 18 imprisonment in a correctional facility. 19 (ii) This paragraph applies to inmates sentenced to 20 definite or flat sentences. 21 (2) (i) To supervise any person placed on parole, when 22 sentenced to a maximum period of less than two years, by 23 any judge of a court having criminal jurisdiction, when 24 the court may by special order direct supervision by the 25 board, in which case the parole case shall be known as a 26 special case and the authority of the board with regard 27 thereto shall be the same as provided in this chapter 28 with regard to parole cases within one of the 29 classifications set forth in this chapter. 30 (ii) Except for such special cases, the powers and 20050S0506B1883 - 140 -
1 duties conferred by this section shall not extend to 2 persons sentenced for a maximum period of less than two 3 years. 4 (b) Construction.--Nothing contained in this section shall 5 be construed to prevent a court from paroling any person 6 sentenced by it for a maximum period of less than two years. 7 (c) Definition.--As used in this section, "period of two 8 years" means the entire continuous term of sentence to which a 9 person is subject, whether for one or more sentences, either to 10 simple imprisonment or to an indeterminate imprisonment as 11 authorized by law to be imposed for criminal offenses. 12 § 6133. Probation services. 13 (a) General rule.--The board shall have exclusive power to 14 supervise any person placed on probation by any judge of a court 15 having criminal jurisdiction, when the court by special order 16 directs supervision by the board. 17 (b) Presentence investigations.--The board shall make 18 presentence investigations when requested to do so by the court. 19 (c) Grant-in-aid.-- 20 (1) A county that provides additional probation staff 21 for presentence investigations and improved probation 22 supervision and program shall receive a grant-in-aid from the 23 Commonwealth through the board for additional cost incurred 24 thereby but only to the extent that the additional staff and 25 program meet the qualifications and standards established by 26 the board. 27 (2) The grant-in-aid shall provide 80% of the personnel 28 salary costs incurred by a county to administer these 29 additional services and programs. 30 (3) If insufficient funds are appropriated, each county 20050S0506B1883 - 141 -
1 shall receive a prorated reduction in the grant-in-aid. 2 (4) The board shall establish rules and regulations for 3 the allocation of funds available for such grants-in-aid. 4 (d) In-service training.--The board shall provide in-service 5 training for personnel of county probation offices when 6 requested to do so by the court having jurisdiction of the 7 probation office. 8 § 6134. Sentencing court to transmit records to board. 9 (a) Duty to transmit.--A court sentencing any person for a 10 term as to which power to parole is given to the board in this 11 chapter shall transmit to the board, within 30 days after the 12 imposition of the sentence: 13 (1) A copy of the notes of testimony of the sentencing 14 hearing that may have been filed of record in the case. 15 (2) Copies of any criminal identification records 16 secured from the Federal Bureau of Investigation. 17 (3) Copies of presentence investigation reports and 18 behavior clinic reports, if any were submitted to the court, 19 the last two of which records, being confidential records of 20 the court, shall be treated confidentially by the members of 21 the board, who shall not permit examination of the records by 22 anyone other than its duly appointed agents or 23 representatives except upon court order. 24 (b) Recommendations from judge.-- 25 (1) A judge may make at any time a recommendation to the 26 board respecting the person sentenced and the term of 27 imprisonment the judge believes that person should be 28 required to serve before a parole is granted to that person. 29 (2) A recommendation made by a judge under paragraph (1) 30 respecting the parole or terms of parole of a person shall be 20050S0506B1883 - 142 -
1 advisory only. No order in respect to the recommendation made 2 or attempted to be made as a part of a sentence shall be 3 binding upon the board in performing the duties and functions 4 conferred on it by this chapter. 5 § 6135. Investigation of circumstances of offense. 6 (a) Duty to investigate.--The board, on the commitment to a 7 correctional facility of any person whom the board is given the 8 power to parole under this chapter, shall consider: 9 (1) The nature and circumstances of the offense 10 committed. 11 (2) Any recommendations made by the trial judge and 12 prosecuting attorney. 13 (3) The general character and background of the inmate. 14 (4) Participation by an inmate sentenced after February 15 19, 1999, and who is serving a sentence for a crime of 16 violence as defined in 42 Pa.C.S. § 9714(g) (relating to 17 sentences for second and subsequent offenses) in a victim 18 impact education program offered by the Department of 19 Corrections. 20 (5) The written or personal statement of the testimony 21 of the victim or the victim's family submitted pursuant to 22 section 6140 (relating to victim statements, testimony and 23 participation in hearing). 24 (6) The notes of testimony of the sentencing hearing, if 25 any, together with such additional information regarding the 26 nature and circumstances of the offense committed for which 27 sentence was imposed as may be available. 28 (7) The conduct of the person while in prison and his 29 physical, mental and behavior condition and history, his 30 history of family violence and his complete criminal record. 20050S0506B1883 - 143 -
1 (b) Cooperation of public officials.--A public official who 2 possesses such records or information shall furnish the records 3 or information to the board upon its request and without charge 4 so far as may be practicable while the case is recent. 5 § 6136. Right of access to inmates. 6 All prison officials shall: 7 (1) At all reasonable times grant access to any inmate 8 whom the board has power to parole to the members of the 9 board or its properly accredited representatives. 10 (2) At all reasonable times provide for the board or its 11 properly accredited representative facilities for 12 communicating with and observing an inmate while imprisoned. 13 (3) Furnish to the board from time to time such reports 14 concerning the conduct of inmates in their custody as the 15 board shall by general rule or special order require, 16 together with any other facts deemed pertinent in aiding the 17 board to determine whether such inmates shall be paroled. 18 § 6137. Parole power. 19 (a) General criteria for parole.-- 20 (1) The board may release on parole any inmate to whom 21 the power to parole is granted to the board by this chapter, 22 except an inmate condemned to death or serving life 23 imprisonment, whenever in its opinion: 24 (i) The best interests of the inmate justify or 25 require the inmate being paroled. 26 (ii) It does not appear that the interests of the 27 Commonwealth will be injured by the inmate being paroled. 28 (2) Parole shall be subject in every instance to the 29 Commonwealth's right to immediately retake and hold in 30 custody without further proceedings any parolee charged after 20050S0506B1883 - 144 -
1 his parole with an additional offense until a determination 2 can be made whether to continue his parole status. 3 (3) The power to parole granted under this section to 4 the board may not be exercised in the board's discretion at 5 any time before, but only after, the expiration of the 6 minimum term of imprisonment fixed by the court in its 7 sentence or by the Board of Pardons in a sentence which has 8 been reduced by commutation. 9 (4) In no case shall the board act upon an application 10 of an inmate: 11 (i) whose term of imprisonment was commuted from 12 life to life on parole; 13 (ii) who was serving a term of imprisonment for a 14 crime of violence; or 15 (iii) who is serving a sentence under 42 Pa.C.S. § 16 9712 (relating to sentences for offenses committed with 17 firearms) unless the inmate has served at least one year 18 in a prerelease center. 19 (5) Upon parole, a parolee subject to paragraph (3) 20 shall be subject to weekly supervision for the first six 21 months of parole. 22 (b) Preparole drug screening tests.-- 23 (1) The board may not release a person on parole unless 24 the person achieves a negative result within 45 days prior to 25 the date of release in a screening test approved by the 26 Department of Health for the detection of the presence of 27 controlled substances or designer drugs under the act of 28 April 14, 1972 (P.L.233, No.64), known as The Controlled 29 Substance, Drug, Device and Cosmetic Act. 30 (2) The cost of these preparole drug screening tests for 20050S0506B1883 - 145 -
1 inmates subject to the parole release jurisdiction of the 2 board, whether confined in a correctional institution or 3 county prison, shall be paid by the board. The board shall 4 establish rules and regulations for the payment of these 5 costs and may limit the types and cost of these screening 6 tests that would be subject to payment by the board. 7 (3) (i) The board shall establish, as a condition of 8 continued parole for a parolee who, as an inmate, tested 9 positive for the presence of a controlled substance or a 10 designer drug or who was paroled from a sentence arising 11 from a conviction under The Controlled Substance, Drug, 12 Device and Cosmetic Act or from a drug-related crime, the 13 parolee's achievement of negative results in such 14 screening tests randomly applied. 15 (ii) The random screening tests shall be performed 16 at the discretion of the board, and the parolee 17 undergoing the tests shall be responsible for the costs 18 of the tests. 19 (iii) The funds collected for the tests shall be 20 applied against the contract for such testing between the 21 board and a testing laboratory approved by the Department 22 of Health. 23 (c) Crimes of violence.--The board may not release a person 24 who is sentenced after February 19, 1999, and is serving a 25 sentence for a crime of violence as defined in 42 Pa.C.S. § 26 9714(g) (relating to sentences for second and subsequent 27 offenses) on parole unless the person has received instruction 28 from the Department of Corrections on the impact of crime on 29 victims and the community. 30 (d) Power to recommit.--The board may, during the period for 20050S0506B1883 - 146 -
1 which an inmate shall have been sentenced, recommit the inmate, 2 if paroled, for violation of the terms and conditions of his 3 parole and from time to time to reparole and recommit in the 4 same manner and with the same procedure as in the case of an 5 original parole or recommitment if, in the judgment of the 6 board: 7 (1) There is a reasonable probability that the inmate 8 will be benefited by paroling the inmate again. 9 (2) It does not appear that the interests of the 10 Commonwealth will be injured thereby. 11 (e) Notice to county probation department.--When the board 12 releases a parolee from a correctional facility, the board shall 13 provide written notice to the probation department located in 14 the county where the sentencing order was imposed of the release 15 and new address of the parolee. 16 § 6138. Violation of terms of parole. 17 (a) Convicted violators.-- 18 (1) A parolee under the jurisdiction of the board 19 released from a correctional facility who, during the period 20 of parole or while delinquent on parole, commits a crime 21 punishable by imprisonment, for which the parolee is 22 convicted or found guilty by a judge or jury or to which the 23 parolee pleads guilty or nolo contendere at any time 24 thereafter in a court of record, may at the discretion of the 25 board be recommitted as a parole violator. 26 (2) If the parolee's recommitment is so ordered, the 27 parolee shall be reentered to serve the remainder of the term 28 which the parolee would have been compelled to serve had the 29 parole not been granted and shall be given no credit for the 30 time at liberty on parole. 20050S0506B1883 - 147 -
1 (3) The board may, in its discretion, reparole whenever,
2 in its opinion, the best interests of the inmate justify or
3 require the inmate's release on parole and it does not appear
4 that the interests of the Commonwealth will be injured
5 thereby.
6 (4) The period of time for which the parole violator is
7 required to serve shall be computed from and begin on the
8 date that the parole violator is taken into custody to be
9 returned to the institution as a parole violator.
10 (5) If a new sentence is imposed on the parolee, the
11 service of the balance of the term originally imposed shall
12 precede the commencement of the new term imposed in the
13 following cases:
14 (i) If a person is paroled from a State correctional
15 institution and the new sentence imposed on the person is
16 to be served in the State correctional institution.
17 (ii) If a person is paroled from a county prison and
18 the new sentence imposed upon him is to be served in the
19 same county prison.
20 (iii) In all other cases, the service of the new
21 term for the latter crime shall precede commencement of
22 the balance of the term originally imposed.
23 (6) Where the new term is to be served last or the
24 balance of the term originally imposed is to be served last,
25 and the service is, in either case, in any correctional
26 facility:
27 (i) Any person upon recommitment shall be sent to
28 that THE institution as shall be designated by the <--
29 Secretary of Corrections or his designee.
30 (ii) Any female person shall be recommitted to the
20050S0506B1883 - 148 -
1 State Correctional Institution at Muncy. 2 (b) Subsequent arrest.-- 3 (1) The formal filing of a charge after parole against a 4 parolee within this Commonwealth for any violation of the 5 laws of this Commonwealth shall constitute an automatic 6 detainer and permit the parolee to be taken into and held in 7 custody. 8 (2) The automatic detainer shall dissolve 15 days after 9 the parolee is taken into custody unless sooner waived or 10 otherwise superseded by direction of the supervising parole 11 office. 12 (3) The automatic detainer shall be in addition to and 13 not in lieu of any other detainer that prior to the effective 14 date of this chapter may have been lodged in such 15 circumstances. 16 (c) Technical violators.-- 17 (1) A parolee under the jurisdiction of the board who is 18 released from a correctional facility and who, during the 19 period of parole, violates the terms and conditions of his 20 parole, other than by the commission of a new crime of which 21 the parolee is convicted or found guilty by a judge or jury 22 or to which the parolee pleads guilty or nolo contendere in a 23 court of record, may be recommitted after a hearing before 24 the board. 25 (2) If the parolee is so recommitted, the parolee shall 26 be given credit for the time served on parole in good 27 standing but with no credit for delinquent time and may be 28 reentered to serve the remainder of the original sentence or 29 sentences. 30 (3) The remainder shall be computed by the board from 20050S0506B1883 - 149 -
1 the time the parolee's delinquent conduct occurred for the 2 unexpired period of the maximum sentence imposed by the court 3 without credit for the period the parolee was delinquent on 4 parole. The parolee shall serve the remainder so computed 5 from the date the parolee is taken into custody on the 6 warrant of the board. 7 (4) The parolee shall be subject to reparole by the 8 board whenever in its opinion the best interests of the 9 inmate justify or require the parolee being reparoled and it 10 does not appear that the interests of the Commonwealth will 11 be injured reparoling the parolee. 12 (d) Recommitment.--A technical violator under subsection (c) 13 shall be recommitted to a correctional facility for service of 14 the balance of the term originally imposed as follows: 15 (1) If paroled from a county prison, to the same 16 institution or to any other institution to which legally 17 transferred. 18 (2) If paroled from the State Correctional Institution 19 at Camp Hill and on recommitment the person has not attained 20 21 years of age, to the same institution. 21 (3) If paroled from the State Correctional Institution 22 at Muncy, to the same institution. 23 (4) If paroled from any other State correctional 24 institution, to the nearest correctional diagnostic and 25 classification center wherein the person shall be classified 26 for service of the balance of the term in the institution as 27 shall be designated by the Secretary of Corrections or his 28 designee. 29 § 6139. Parole procedure. 30 (a) Specific requirements.-- 20050S0506B1883 - 150 -
1 (1) The board may, subject to the provisions and 2 limitations set forth in section 6138 (relating to violation 3 of terms of parole), grant paroles of its own motion whenever 4 in its judgment the interests of justice require the granting 5 of these paroles. 6 (2) The board shall consider applications for parole by 7 an inmate or the inmate's attorney. 8 (3) Notwithstanding the provisions of paragraph (2), the 9 board shall not be required to consider nor dispose of an 10 application by an inmate or an inmate's attorney where a 11 parole decision has been issued by the board on that case 12 within one year of the date of the current application for 13 parole. 14 (4) Hearings of applications shall be held by the board 15 whenever in its judgment hearings are necessary. Reasonable 16 rules and regulations shall be adopted by the board for the 17 presentation and hearing of applications for parole. 18 (5) Whenever an inmate is paroled by the board, whether 19 of its own motion or after hearing of an application for 20 parole, or whenever an application for parole is refused by 21 the board, a brief statement of the reasons for the board's 22 action shall be filed of record in the offices of the board 23 and shall be at all reasonable times open to public 24 inspection. 25 (6) In no case shall a parole be granted, or an 26 application for parole be dismissed, unless a board member, 27 hearing examiner or other person so designated by the board 28 shall have seen and heard the parolee in person in regard 29 thereto within six months prior to the granting or dismissal 30 thereof. 20050S0506B1883 - 151 -
1 (7) The board shall dispose of the application within 2 six months of its filing. 3 (b) Reliance on reports.--In granting and revoking paroles, 4 and in discharging from parole, the members of the board acting 5 thereon shall not be required to personally hear or see all the 6 witnesses and evidence submitted to them for their action, but 7 they may act on the report submitted to them by their agents and 8 employees, together with any pertinent and adequate information 9 furnished to them by fellow members of the board or by others. 10 (c) Notice to district attorney.--At least ten days before 11 paroling an inmate on its own motion, the board shall give 12 written notice of the contemplated parole to the district 13 attorney of the county in which the inmate was sentenced, and, 14 in cases of hearings on applications for parole as provided for 15 in this section, at least ten days' written notice of the time 16 and place fixed for such hearing shall be given either by the 17 board or by the applicant, as the board shall direct, to the 18 court and district attorney of the county in which the applicant 19 was sentenced. 20 § 6140. Victim statements, testimony and participation in 21 hearing. 22 (a) Duty of district attorney to provide notice.-- 23 (1) The victim of the offense for which an inmate is 24 sentenced shall be notified by the district attorney 25 immediately following sentencing, in cases where the 26 defendant has been sentenced to a term of imprisonment, that 27 the victim or family member shall have the opportunity to 28 present a statement for the parole report to be considered at 29 the parole hearing or to testify to the parole board 30 expressing his opinion concerning the release of the inmate. 20050S0506B1883 - 152 -
1 (2) The district attorney shall provide notice to a 2 member of the immediate family of the victim if the victim: 3 (i) is a juvenile; 4 (ii) is incapable of testifying; or 5 (iii) died as a result of the defendant's conduct. 6 (b) Notice of intent to submit statement.--In order to 7 submit a statement under subsection (a), a victim or family 8 member must notify the board of his intention to do so and 9 provide and keep current an appropriate mailing address with the 10 board. 11 (c) Contents of parole report.--The parole report may 12 include a statement concerning: 13 (1) The continuing nature and extent of any physical 14 harm or psychological or emotional harm or trauma suffered by 15 the victim. 16 (2) The extent of any loss of earnings or ability to 17 work suffered by the victim. 18 (3) The continuing effect of the crime upon the victim's 19 family. 20 (d) Notice to persons who previously contacted the board.-- 21 (1) At the time public notice is given that an inmate is 22 being considered for parole pursuant to this section, the 23 board shall also notify any victim or nearest relative who 24 has previously contacted the board of the availability to 25 provide a statement for inclusion in the parole report or to 26 present testimony for inclusion at the parole hearing. 27 (2) The board shall notify the person identified under 28 paragraph (1) at the person's last known mailing address. The 29 notification required by this section shall be given by the 30 board in the case of a parole to be granted pursuant to 20050S0506B1883 - 153 -
1 section 6139 (relating to parole procedure) or by the court 2 in the case of a parole to be granted pursuant to section 3 6133 (relating to probation services). 4 (e) Notice of intent to present testimony.--The victim or 5 family member shall notify the board within 30 days from the 6 date of the notice of his intent to present testimony at the 7 parole hearing. This time period may be waived by the board for 8 good cause. 9 (f) Referral to hearing officer.--If the victim or family 10 member submits a written statement to the board subsequent to 11 notice, the statement shall be made a part of the board's file 12 on the inmate, and the inmate's case shall be referred to a 13 hearing officer designated to conduct parole release hearings. 14 (g) Assignment to hearing examiner.--If the victim or family 15 member informs the board subsequent to notice being provided 16 that the person intends to testify, the chairperson shall assign 17 the inmate's case to a hearing examiner for the purpose of 18 receiving the person's testimony. 19 (h) Hearing procedure.-- 20 (1) The assigned hearing examiner shall conduct a 21 hearing within 30 days from the date the board received 22 notification of the intent to offer testimony. 23 (2) The hearing shall be conducted at a time and place 24 and on a date determined by the chairperson or designee. 25 Notice of the time, place and date of the hearing shall be 26 provided to the victim or family member, in writing, and 27 shall be mailed at least ten days prior to the hearing date. 28 (3) The hearing shall be recorded by an electronic 29 recording device. 30 (4) The hearing examiner shall prepare a written report 20050S0506B1883 - 154 -
1 within a reasonable amount of time prior to the hearing date. 2 A copy of the report shall be forwarded to the person 3 offering testimony. A copy of the report shall be made a part 4 of the board's file on the inmate. 5 (5) Upon completion of the written report, the inmate's 6 case shall be referred to a hearing examiner designated to 7 conduct parole release hearings. 8 (6) (i) The hearing scheduled pursuant to this section 9 shall be conducted, when possible, prior to a parole 10 release hearing and prior to the board rendering a 11 decision. 12 (ii) Nothing in this section shall be construed to 13 preclude the board from conducting a timely parole 14 release hearing. 15 (7) After submission of the report, the board shall 16 within a reasonable amount of time: 17 (i) Evaluate the information provided. 18 (ii) Determine whether the decision shall be 19 affirmed or modified. 20 (iii) Determine whether a rescission hearing shall 21 be conducted. 22 (iv) Notify the inmate in writing of its decision. 23 (8) Any and all statements or testimony of the victim or 24 family member submitted to the board pertaining to: 25 (i) the continuing nature and extent of any physical 26 harm or psychological or emotional harm or trauma 27 suffered by the victim; 28 (ii) the extent of any loss of earnings or ability 29 to work suffered by the victim; and 30 (iii) the continuing effect of the crime upon the 20050S0506B1883 - 155 -
1 victim's family shall not be deemed confidential and 2 shall be released to the inmate unless the withholding of 3 the statements or testimony is requested by the victim 4 and the hearing officer determines that the release of 5 the statements or testimony would endanger the safety of 6 the person providing the statements or testifying. The 7 board on its own motion may for good cause identify all 8 or part of the statements or testimony as confidential. 9 (9) All records maintained by the board pertaining to 10 victims shall be kept separate and current address 11 information of the victim or family members shall be deemed 12 confidential. 13 (10) A victim or the family member who has submitted a 14 written statement for the parole report or testified at a 15 hearing pursuant to this section shall be notified by the 16 board of the final decision rendered in the inmate's case. 17 (11) If the final decision is to not release the inmate 18 and if, subsequent to that decision, additional parole 19 release hearings are conducted for that same inmate, then the 20 victim or family member who has submitted a written statement 21 for the parole report or who has testified at a hearing 22 pursuant to this section shall be notified by the board at 23 the last known address if and when additional parole hearings 24 are scheduled by the board. 25 § 6141. General rules and special regulations. 26 The board may make general rules for the conduct and 27 supervision of persons placed on parole and may, in particular 28 cases, as it deems necessary to effectuate the purpose of 29 parole, prescribe special regulations for particular persons. 30 SUBCHAPTER D 20050S0506B1883 - 156 -
1 STATE PAROLE AGENTS 2 Sec. 3 6151. Definitions. 4 6152. Status as peace officers. 5 6153. Supervisory relationship to offenders. 6 § 6151. Definitions. 7 The following words and phrases when used in this subchapter 8 shall have the meanings given to them in this section unless the 9 context clearly indicates otherwise: 10 "Agent." A State parole agent appointed by the board. 11 "Conditions of supervision." Any terms or conditions of the 12 offender's supervision, whether imposed by the court, the board 13 or an agent, including compliance with all requirements of 14 Federal, State and local law. 15 "Contraband." Any item that the offender is not permitted to 16 possess under the conditions of supervision, including any item 17 whose possession is forbidden by any Federal, State or local 18 law. 19 "Court." The court of common pleas or any judge thereof, the 20 Philadelphia Municipal Court or any judge thereof, the 21 Pittsburgh Magistrates Court or any judge thereof or any 22 magisterial district judge. 23 "Exigent circumstances." The term includes, but is not 24 limited to, suspicion that contraband or other evidence of 25 violations of the conditions of supervision might be destroyed 26 or suspicion that a weapon might be used. Exigent circumstances 27 always exist with respect to a vehicle. 28 "Offender." Any person subject to the parole or probationary 29 supervision of the board. 30 "Personal search." A warrantless search of an offender's 20050S0506B1883 - 157 -
1 person, including, but not limited to, the offender's clothing 2 and any personal property which is in the possession, within the 3 reach or under the control of the offender. 4 "Property search." A warrantless search of real property, 5 vehicle or personal property which is in the possession or under 6 the control of the offender. 7 "Real property." Any residence or business property of an 8 offender, including all portions of the property to which the 9 offender has access. 10 "Supervisor." Any individual acting in a supervisory or 11 administrative capacity. 12 § 6152. Status as peace officers. 13 An agent is declared to be a peace officer and is given 14 police power and authority throughout this Commonwealth to 15 arrest without warrant, writ, rule or process any parolee or 16 probationer under the supervision of the board for failing to 17 report as required by the terms of his probation or parole or 18 for any other violation of the probation or parole. 19 § 6153. Supervisory relationship to offenders. 20 (a) General rule.--Agents in a supervisory relationship with 21 their offenders. The purpose of this supervision is to assist 22 the offenders in their rehabilitation and reassimilation into 23 the community and to protect the public. 24 (b) Searches and seizures authorized.-- 25 (1) Agents may search the person and property of 26 offenders in accordance with the provisions of this section. 27 (2) Nothing in this section shall be construed to permit 28 searches or seizures in violation of the Constitution of the 29 United States or section 8 of Article I of the Constitution 30 of Pennsylvania. 20050S0506B1883 - 158 -
1 (c) Effect of violation.--No violation of this section shall 2 constitute an independent ground for suppression of evidence in 3 any probation or parole proceeding or criminal proceeding. 4 (d) Grounds for personal search of offender.-- 5 (1) A personal search of an offender may be conducted by 6 an agent: 7 (i) if there is a reasonable suspicion to believe 8 that the offender possesses contraband or other evidence 9 of violations of the conditions of supervision; 10 (ii) when an offender is transported or taken into 11 custody; or 12 (iii) upon an offender entering or leaving the 13 securing enclosure of a correctional institution, jail or 14 detention facility. 15 (2) A property search may be conducted by an agent if 16 there is reasonable suspicion to believe that the real or 17 other property in the possession of or under the control of 18 the offender contains contraband or other evidence of 19 violations of the conditions of supervision. 20 (3) Prior approval of a supervisor shall be obtained for 21 a property search absent exigent circumstances. No prior 22 approval shall be required for a personal search. 23 (4) A written report of every property search conducted 24 without prior approval shall be prepared by the agent who 25 conducted the search and filed in the offender's case record. 26 The exigent circumstances shall be stated in the report. 27 (5) The offender may be detained if he is present during 28 a property search. If the offender is not present during a 29 property search, the agent in charge of the search shall make 30 a reasonable effort to provide the offender with notice of 20050S0506B1883 - 159 -
1 the search, including a list of the items seized, after the 2 search is completed. 3 (6) The existence of reasonable suspicion to search 4 shall be determined in accordance with constitutional search 5 and seizure provisions as applied by judicial decision. In 6 accordance with such case law, the following factors, where 7 applicable, may be taken into account: 8 (i) The observations of agents. 9 (ii) Information provided by others. 10 (iii) The activities of the offender. 11 (iv) Information provided by the offender. 12 (v) The experience of agents with the offender. 13 (vi) The experience of agents in similar 14 circumstances. 15 (vii) The prior criminal and supervisory history of 16 the offender. 17 (viii) The need to verify compliance with the 18 conditions of supervision. 19 (e) Nonresident offenders.--No agent shall conduct a 20 personal or property search of an offender who is residing in a 21 foreign state except for the limited purposes permitted under 22 the Interstate Compact for the Supervision of Offenders and 23 Probationers. The offender is held accountable to the rules of 24 both the sending state and the receiving state. Any personal or 25 property search of an offender residing in another state shall 26 be conducted by an agent of the receiving state. 27 (f) When authority is effective.--The authority granted to 28 agents under this section shall be effective upon enactment of 29 this section, without the necessity of any further regulation by 30 the board. 20050S0506B1883 - 160 -
1 CHAPTER 63 2 COUNTY PROBATION OFFICERS' 3 FIREARM EDUCATION AND TRAINING 4 Sec. 5 6301. Short title of chapter. 6 6302. Definitions. 7 6303. County Probation Officers' Firearm Education and 8 Training Commission. 9 6304. Commission membership. 10 6305. Powers and duties of commission. 11 6306. Training mandatory. 12 6307. Requirements for program participation or waiver. 13 6308. County Probation Officers' Firearm Education 14 and Training Fund. 15 6309. Applicability. 16 § 6301. Short title of chapter. 17 This chapter shall be known and may be cited as the County 18 Probation Officers' Firearm Education and Training Law. 19 § 6302. Definitions. 20 The following words and phrases when used in this chapter 21 shall have the meanings given to them in this section unless the 22 context clearly indicates otherwise: 23 "Board." The Pennsylvania Board of Probation and Parole. 24 "Certification." The assignment of a certification number to 25 a probation or parole officer after successful completion of a 26 mandatory basic training course or receipt of a waiver of basic 27 training from the County Probation Officers' Firearm Education 28 and Training Commission and successful completion of mandatory 29 training. 30 "Commission." The County Probation Officers' Firearm 20050S0506B1883 - 161 -
1 Education and Training Commission. 2 "Fund." The County Probation Officers' Firearm Education and 3 Training Fund established under section 6308 (relating to County 4 Probation Officers' Firearm Education and Training Fund). 5 "Officer." A county probation or parole officer of this 6 Commonwealth. 7 "Program." The County Probation Officers' Firearm Education 8 and Training Program established in this chapter. 9 "School." A school currently approved by the Municipal 10 Police Officers' Education and Training Commission under 53 11 Pa.C.S. Ch. 21 Subch. D (relating to municipal police education 12 and training). 13 "Weapon-carrying officer." A county probation or parole 14 officer who is authorized to carry a weapon in connection with 15 performance of the duties of the officer's employment. 16 § 6303. County Probation Officers' Firearm Education and 17 Training Commission. 18 The County Probation Officers' Firearm Education and Training 19 Commission is established under the Pennsylvania Board of 20 Probation and Parole. The commission shall establish within six 21 months following the appointment of commission members a County 22 Probation Officers' Firearm Education and Training Program to 23 provide firearm education and training in accordance with the 24 provisions of this chapter. 25 § 6304. Commission membership. 26 (a) Composition.--The commission shall be composed of the 27 chairman of the board and eight other members to be appointed by 28 the Governor: 29 (1) Three county adult probation officers who are full 30 members of the County Chief Adult Probation and Parole 20050S0506B1883 - 162 -
1 Officers' Association of Pennsylvania, one of whom is a chief 2 adult probation officer from a county authorized to carry 3 firearms and two of whom are firearms instructors certified 4 as such by the National Rifle Association, the Pennsylvania 5 State Police or the Federal Bureau of Investigation. 6 (2) One member of the Pennsylvania Council of Chief 7 Juvenile Probation Officers. 8 (3) One representative of the Juvenile Court Judges' 9 Commission. 10 (4) One judge of a court of common pleas of a county 11 that employs officers who carry firearms. 12 (5) One director qualified under 53 Pa.C.S. Ch. 21 13 Subch. D (relating to municipal police education and 14 training). 15 (6) One county commissioner from a county which employs 16 officers who carry firearms. 17 (b) Terms.--Terms of the members initially appointed shall 18 be three members for one year, three members for two years and 19 three members for three years, as designated by the Governor at 20 the time of appointment. Thereafter, terms shall be for three 21 years. Each member shall hold office until the expiration of the 22 term for which the member was selected or until the member's 23 earlier death, resignation or removal or until the member's 24 successor has been selected and qualified but in no event more 25 than six months beyond the expiration of the member's appointed 26 term. 27 (c) Vacancies.--A person appointed to fill a vacancy created 28 by other than expiration of a term shall be appointed for the 29 unexpired term of the member who that person is to succeed in 30 the same manner as the original appointment. 20050S0506B1883 - 163 -
1 (d) Compensation.--The members of the commission shall serve 2 without compensation but shall be reimbursed the necessary and 3 actual expenses incurred in attending the meetings of the 4 commission and in the performance of their duties under this 5 chapter. 6 (e) Organization.--The commission shall elect from among its 7 members a chairperson and other officers who shall hold office 8 at the pleasure of the commission. The commission shall act only 9 with the concurrence of the majority. 10 (f) Meetings and quorum.--The commission shall meet at least 11 four times each year until the program is implemented. 12 Thereafter, the commission shall meet as may be necessary, but 13 at least once annually. Special meetings may be called by the 14 chairperson of the commission or upon written request of three 15 members. A quorum shall consist of four members of the 16 commission. 17 § 6305. Powers and duties of commission. 18 The powers and duties of the commission shall be as follows: 19 (1) To develop, establish and administer the minimum 20 courses of study and training and competency standards for 21 firearm training for county probation officers, including an 22 initial curriculum of at least 40 hours and including the 23 firing of a qualification course. 24 (2) To revoke an officer's certification for failing to 25 comply with educational and training requirements established 26 by the commission. 27 (3) To approve or revoke the approval for the purposes 28 of this chapter of any school that may be utilized to comply 29 with the educational and training requirements as established 30 by the commission. 20050S0506B1883 - 164 -
1 (4) To establish the minimum qualifications for 2 instructors, to approve or revoke the approval of any 3 instructor and to develop the requirements for continued 4 certification. 5 (5) To promote the most efficient and economical program 6 for training by utilizing existing facilities, programs and 7 qualified Federal, State and local police personnel. 8 (6) To make an annual report to the Governor and to the 9 General Assembly concerning: 10 (i) The administration of the program. 11 (ii) The activities of the commission, together with 12 any recommendations for executive or legislative actions. 13 (7) To require in accordance with this chapter county 14 probation officers to attend a minimum number of hours in in- 15 service training as provided for by regulation, unless the 16 officer's employer files a show-cause document with the 17 commission, requesting additional time for the officer to 18 comply with the in-service training requirements. Approval of 19 the request shall be made by the commission on a case-by-case 20 basis. 21 (8) To appoint an administrative officer who shall serve 22 and be directly responsible to the commission. 23 (9) To consult and cooperate with universities, 24 colleges, community colleges and institutes for the 25 development of specialized courses for county probation and 26 parole officers. 27 (10) To consult and cooperate with departments and 28 agencies of this Commonwealth and other states and the 29 Federal Government concerned with county probation officer 30 training. 20050S0506B1883 - 165 -
1 (11) To certify officers who have satisfactorily 2 completed basic educational and training requirements as 3 established by the commission and to issue appropriate 4 certificates to these officers. 5 (12) To visit and inspect approved schools at least once 6 every two years. This inspection requirement does not apply 7 where training is conducted locally at a satellite center 8 consisting of a classroom and shooting range. 9 (13) To make rules and regulations and to perform other 10 duties as may be reasonably necessary or appropriate to 11 implement the training program for county probation officers. 12 (14) To consider granting waivers of mandatory basic 13 training to county probation officers who have successfully 14 completed previous equivalent training. 15 (15) To maintain certifications and other records as 16 necessary. 17 (16) To issue reports to the president judges of the 18 courts of common pleas relating to compliance with this 19 chapter. 20 § 6306. Training mandatory. 21 Within two years of the establishment of the County Probation 22 Officers' Firearm Education and Training Program and in 23 accordance with the provisions of this chapter, a county shall 24 provide for the training of any officer in its county probation 25 and parole department who carries a firearm. Following this two- 26 year period, a county shall provide that training and 27 certification requirements of this chapter are met prior to a 28 county probation officer being authorized to carry a firearm. 29 § 6307. Requirements for program participation or waiver. 30 In order to participate in the training program or be granted 20050S0506B1883 - 166 -
1 a waiver of training requirements, at a minimum the officer 2 must: 3 (1) Be employed as a full-time county probation officer. 4 (2) Be a United States citizen. 5 (3) Not have been convicted of an offense graded a 6 misdemeanor of the first degree or greater or punishable by a 7 term of imprisonment of more than two years, unless in 8 possession of a waiver from the Bureau of Alcohol, Tobacco 9 and Firearms of the Department of the Treasury. 10 (4) Have had the officer's fingerprints submitted by the 11 officer's employer to the Pennsylvania State Police for the 12 purposes of a background investigation. The officer shall 13 have results of the investigation which indicate that the 14 requirements of paragraph (3) are met. 15 § 6308. County Probation Officers' Firearm Education and 16 Training Fund. 17 (a) Fund established.--The County Probation Officers' 18 Firearm Education and Training Fund is established as a 19 restricted receipts account within the General Fund. Moneys from 20 the fund shall be used exclusively for the purposes described 21 under this section. 22 (b) Costs imposed.-- 23 (1) A person who accepts Accelerated Rehabilitative 24 Disposition or pleads guilty or nolo contendere or is 25 convicted of a felony or misdemeanor shall, in addition to 26 any other court costs imposed under the laws of this 27 Commonwealth, be sentenced to pay costs of $5. Costs 28 collected by the clerk of courts under this subsection shall 29 be paid into the fund. 30 (2) Moneys in the fund shall be used to offset or pay 20050S0506B1883 - 167 -
1 for: 2 (i) Training expenses. 3 (ii) Commission expenses. 4 (3) Disbursement and allocation of fund moneys shall be 5 at the discretion of the commission. 6 (c) Other moneys to be used.--In addition to payment of 7 training expenses as prescribed under subsection (b), training 8 expenses may also be paid out of the county offender supervision 9 fund under section 1102 of the act of November 24, 1998 10 (P.L.882, No.111), known as the Crime Victims Act, or any other 11 county fund. 12 (d) Juvenile probation officer participation.--In the event 13 that sufficient funds are not generated under the provisions of 14 subsection (b) to fully fund the costs of providing training to 15 juvenile probation officers, a training fee representing the 16 prorated share of the additional actual cost thereof shall be 17 payable by a participating juvenile probation officer's county 18 of employment. 19 § 6309. Applicability. 20 This chapter shall apply to county juvenile probation, adult 21 probation officers only, and only such officers shall be 22 eligible for training under this chapter. 23 PART V 24 MISCELLANEOUS PROVISIONS 25 Chapter 26 71. Interstate Compacts 27 CHAPTER 71 28 INTERSTATE COMPACTS 29 Subchapter 30 A. Interstate Corrections Compact 20050S0506B1883 - 168 -
1 B. Interstate Compact for the Supervision of Adult Offenders 2 C. Administrative Provisions 3 SUBCHAPTER A 4 INTERSTATE CORRECTIONS COMPACT 5 Sec. 6 7101. Short title of subchapter. 7 7102. Interstate Corrections Compact. 8 7103. Powers. 9 § 7101. Short title of subchapter. 10 This subchapter may be cited as the Interstate Corrections 11 Compact Act. 12 § 7102. Interstate Corrections Compact. 13 The Interstate Corrections Compact is hereby enacted into law 14 and entered into by this State with any other states legally 15 joining therein in the form substantially as follows: 16 INTERSTATE CORRECTIONS COMPACT 17 ARTICLE I 18 Purpose and Policy 19 The party states, desiring by common action to fully utilize 20 and improve their institutional facilities and provide adequate 21 programs for the confinement, treatment and rehabilitation of 22 various types of offenders, declare that it is the policy of 23 each of the party states to provide such facilities and programs 24 on a basis of cooperation with one another, thereby serving the 25 best interests of such offenders and of society and effecting 26 economies in capital expenditures and operational costs. The 27 purpose of this compact is to provide for the mutual development 28 and execution of such programs of cooperation for the 29 confinement, treatment and rehabilitation of offenders with the 30 most economical use of human and material resources. 20050S0506B1883 - 169 -
1 ARTICLE II 2 Definitions 3 As used in this compact, unless the context clearly requires 4 otherwise: 5 (a) "State" means a state of the United States; the United 6 States of America; a territory or possession of the United 7 States; the District of Columbia; the Commonwealth of Puerto 8 Rico. 9 (b) "Sending state" means a state party to this compact in 10 which conviction or court commitment was had. 11 (c) "Receiving state" means a state party to this compact to 12 which an inmate is sent for confinement other than a state in 13 which conviction or court commitment was had. 14 (d) "Inmate" means a male or female offender who is 15 committed, under sentence to or confined in a penal or 16 correctional institution. 17 (e) "Institution" means any penal or correctional facility, 18 including but not limited to a facility for the mentally ill or 19 mentally defective, in which inmates as defined in (d) above may 20 lawfully be confined. 21 ARTICLE III 22 Contracts 23 (a) Each party state may make one or more contracts with any 24 one or more of the other party states for the confinement of 25 inmates on behalf of a sending state in institutions situated 26 within receiving states. Any such contract shall provide for: 27 1. Its duration. 28 2. Payments to be made to the receiving state by the sending 29 state for inmate maintenance, extraordinary medical and dental 30 expenses, and any participation in or receipt by inmates of 20050S0506B1883 - 170 -
1 rehabilitative or correctional services, facilities, programs or 2 treatment not reasonably included as part of normal maintenance. 3 3. Participation in programs of inmate employment, if any, 4 the disposition or crediting of any payments received by inmates 5 on account thereof; and the crediting of proceeds from or 6 disposal of any products resulting therefrom. 7 4. Delivery and retaking of inmates. 8 5. Such other matters as may be necessary and appropriate to 9 fix the obligations, responsibilities and rights of the sending 10 and receiving states. 11 (b) The terms and provisions of this compact shall be a part 12 of any contract entered into by the authority of or pursuant 13 thereto, and nothing in any such contract shall be inconsistent 14 therewith. 15 ARTICLE IV 16 Procedures and Rights 17 (a) Whenever the duly constituted authorities in a state 18 party to this compact, and which has entered into a contract 19 pursuant to Article III, shall decide that confinement in, or 20 transfer of an inmate to, an institution within the territory of 21 another party state is necessary or desirable in order to 22 provide adequate quarters and care or an appropriate program of 23 rehabilitation or treatment, said officials may direct that the 24 confinement be within an institution within the territory of 25 said other party state, the receiving state to act in that 26 regard solely as agent for the sending state. 27 (b) The appropriate officials of any state party to this 28 compact shall have access, at all reasonable times, to any 29 institution in which it has a contractual right to confine 30 inmates for the purpose of inspecting the facilities thereof and 20050S0506B1883 - 171 -
1 visiting such of its inmates as may be confined in the 2 institution. 3 (c) Inmates confined in an institution pursuant to the terms 4 of this compact shall at all times be subject to the 5 jurisdiction of the sending state and may at any time be removed 6 therefrom for transfer to a prison or other institution within 7 the sending state, for transfer to another institution in which 8 the sending state may have a contractual or other right to 9 confine inmates, for release on probation or parole, for 10 discharge, or for any other purpose permitted by the laws of the 11 sending state; provided that the sending state shall continue to 12 be obligated to such payments as may be required pursuant to the 13 terms of any contract entered into under the terms of Article 14 III. 15 (d) Each receiving state shall provide regular reports to 16 each sending state on the inmates of that sending state in 17 institutions pursuant to this compact including a conduct record 18 of each inmate and certify said record to the official 19 designated by the sending state, in order that each inmate may 20 have official review of his or her record in determining and 21 altering the disposition of said inmate in accordance with the 22 law which may obtain in the sending state and in order that the 23 same may be a source of information for the sending state. 24 (e) All inmates who may be confined in an institution 25 pursuant to the provisions of this compact shall be treated in a 26 reasonable and humane manner and shall be treated equally with 27 such similar inmates of the receiving state as may be confined 28 in the same institution. The fact of confinement in a receiving 29 state shall not deprive any inmate so confined of any legal 30 rights which said inmate would have had if confined in an 20050S0506B1883 - 172 -
1 appropriate institution of the sending state. 2 (f) Any hearing or hearings to which an inmate confined 3 pursuant to this compact may be entitled by the laws of the 4 sending state may be had before the appropriate authorities of 5 the sending state, or of the receiving state if authorized by 6 the sending state. The receiving state shall provide adequate 7 facilities for such hearings as may be conducted by the 8 appropriate officials of a sending state. In the event such 9 hearing or hearings are had before officials of the receiving 10 state, the governing law shall be that of the sending state and 11 a record of the hearing or hearings as prescribed by the sending 12 state shall be made. Said record together with any 13 recommendations of the hearing officials shall be transmitted 14 forthwith to the official or officials before whom the hearing 15 would have been had if it had taken place in the sending state. 16 In any and all proceedings had pursuant to the provisions of 17 this subdivision, the officials of the receiving state shall act 18 solely as agents of the sending state and no final determination 19 shall be made in any matter except by the appropriate officials 20 of the sending state. 21 (g) Any inmate confined pursuant to this compact shall be 22 released within the territory of the sending state unless the 23 inmate, and the sending and receiving states, shall agree upon 24 release in some other place. The sending state shall bear the 25 cost of such return to its territory. 26 (h) Any inmate confined pursuant to the terms of this 27 compact shall have any and all rights to participate in and 28 derive any benefits or incur or be relieved of any obligations 29 or have such obligations modified or his status changed on 30 account of any action or proceeding in which he could have 20050S0506B1883 - 173 -
1 participated if confined in any appropriate institution of the 2 sending state located within such state. 3 (i) The parent, guardian, trustee, or other person or 4 persons entitled under the laws of the sending state to act for, 5 advise, or otherwise function with respect to any inmate shall 6 not be deprived of or restricted in his exercise of any power in 7 respect of any inmate confined pursuant to the terms of this 8 compact. 9 ARTICLE V 10 Acts Not Reviewable in Receiving State: Extradition 11 (a) Any decision of the sending state in respect of any 12 matter over which it retains jurisdiction pursuant to this 13 compact shall be conclusive upon and not reviewable within the 14 receiving state, but if at the time the sending state seeks to 15 remove an inmate from an institution in the receiving state 16 there is pending against the inmate within such state any 17 criminal charge or if the inmate is formally accused of having 18 committed within such state a criminal offense, the inmate shall 19 not be returned without the consent of the receiving state until 20 discharged from prosecution or other form of proceeding, 21 imprisonment or detention for such offense. The duly accredited 22 officers of the sending state shall be permitted to transport 23 inmates pursuant to this compact through any and all states 24 party to this compact without interference. 25 (b) An inmate who escapes from an institution in which he is 26 confined pursuant to this compact shall be deemed a fugitive 27 from the sending state and from the state in which the 28 institution is situated. In the case of an escape to a 29 jurisdiction other than the sending or receiving state, the 30 responsibility for institution of extradition or rendition 20050S0506B1883 - 174 -
1 proceedings shall be that of the sending state, but nothing 2 contained herein shall be construed to prevent or affect the 3 activities of officers and agencies of any jurisdiction directed 4 toward the apprehension and return of an escapee. 5 ARTICLE VI 6 Federal Aid 7 Any state party to this compact may accept Federal aid for 8 use in connection with any institution or program, the use of 9 which is or may be affected by this compact or any contract 10 pursuant hereto and any inmate in a receiving state pursuant to 11 this compact may participate in any such Federally aided program 12 or activity for which the sending and receiving states have made 13 contractual provisions, provided that if such program or 14 activity is not part of the customary correctional regimen, the 15 express consent of the appropriate official of the sending state 16 shall be required therefor. 17 ARTICLE VII 18 Entry into Force 19 This compact shall enter into force and become effective and 20 binding upon the states so acting when it has been enacted into 21 law by any two states. Thereafter, this compact shall enter into 22 force and become effective and binding as to any other of said 23 states upon similar action by such state. 24 ARTICLE VIII 25 Withdrawal and Termination 26 This compact shall continue in force and remain binding upon 27 a party state until it shall have enacted a statute repealing 28 the same and providing for the sending of formal written notice 29 of withdrawal from the compact to the appropriate officials of 30 all other party states. An actual withdrawal shall not take 20050S0506B1883 - 175 -
1 effect until one year after the notices provided in said statute 2 have been sent. Such withdrawal shall not relieve the 3 withdrawing state from its obligations assumed hereunder prior 4 to the effective date of withdrawal. Before the effective date 5 of withdrawal, a withdrawing state shall remove to its 6 territory, at its own expense, such inmates as it may have 7 confined pursuant to the provisions of this compact. 8 ARTICLE IX 9 Other Arrangements Unaffected 10 Nothing contained in this compact shall be construed to 11 abrogate or impair any agreement or other arrangement which a 12 party state may have with a non-party state for the confinement, 13 rehabilitation or treatment of inmates nor to repeal any other 14 laws of a party state authorizing the making of cooperative 15 institutional arrangements. 16 ARTICLE X 17 Construction and Severability 18 The provisions of this compact shall be liberally construed 19 and shall be severable. If any phrase, clause, sentence or 20 provision of this compact is declared to be contrary to the 21 Constitution of any participating state or of the United States 22 or the applicability thereof to any government, agency, person 23 or circumstance is held invalid, the validity of the remainder 24 of this compact and the applicability thereof to any government, 25 agency, person or circumstance shall not be affected thereby. If 26 this compact shall be held contrary to the Constitution of any 27 state participating therein, the compact shall remain in full 28 force and effect as to the remaining states and in full force 29 and effect as to the state affected as to all severable matters. 30 § 7103. Powers. 20050S0506B1883 - 176 -
1 The Attorney General or his designee is hereby authorized and 2 directed to do all things necessary or incidental to the 3 carrying out of the compact in every particular except that no 4 contract for the confinement of inmates in the institutions of 5 this State shall be entered into unless the Attorney General or 6 the Secretary of Corrections has first determined that the 7 inmates are acceptable, notwithstanding the provisions of 8 Article IX-B of the act of April 9, 1929 (P.L.177, No.175), 9 known as the Administrative Code of 1929. The Attorney General 10 or his designee shall not enter into a contract pursuant to 11 Article III of the compact relating to inmates who are mentally 12 ill or mentally retarded without consultation with the Secretary 13 of Public Welfare. 14 SUBCHAPTER B 15 INTERSTATE COMPACT FOR THE SUPERVISION OF ADULT OFFENDERS 16 Sec. 17 7111. Short title of subchapter. 18 7112. Authority to execute compact. 19 7113. When and how compact becomes operative. 20 7114. State council and compact administrator. 21 § 7111. Short title of subchapter. 22 This subchapter shall be known and may be cited as the 23 Interstate Compact for the Supervision of Adult Offenders Act. 24 § 7112. Authority to execute compact. 25 The Governor of Pennsylvania, on behalf of this State, is 26 hereby authorized to execute a compact in substantially the 27 following form with any one or more of the states of the United 28 States, and the General Assembly hereby signifies in advance its 29 approval and ratification of such compact: 30 ARTICLE I 20050S0506B1883 - 177 -
1 PURPOSE 2 The compacting states to this Interstate Compact recognize 3 that each state is responsible for the supervision of adult 4 offenders in the community who are authorized pursuant to the 5 Bylaws and Rules of this compact to travel across state lines 6 both to and from each compacting state in such a manner as to 7 track the location of offenders, transfer supervision authority 8 in an orderly and efficient manner, and when necessary return 9 offenders to the originating jurisdictions. The compacting 10 states also recognize that Congress, by enacting the Crime 11 Control Act, 4 U.S.C. § 112 (relating to compacts between States 12 for cooperation in prevention of crime; consent of Congress), 13 has authorized and encouraged compacts for cooperative efforts 14 and mutual assistance in the prevention of crime. It is the 15 purpose of this compact and the Interstate Commission created 16 hereunder, through means of joint and cooperative action among 17 the compacting states: to provide the framework for the 18 promotion of public safety and protect the rights of victims 19 through the control and regulation of the interstate movement of 20 offenders in the community; to provide for the effective 21 tracking, supervision, and rehabilitation of these offenders by 22 the sending and receiving states; and to equitably distribute 23 the costs, benefits and obligations of the compact among the 24 compacting states. In addition, this compact will: create an 25 Interstate Commission which will establish uniform procedures to 26 manage the movement between states of adults placed under 27 community supervision and released to the community under the 28 jurisdiction of courts, paroling authorities, corrections or 29 other criminal justice agencies which will promulgate rules to 30 achieve the purpose of this compact; ensure an opportunity for 20050S0506B1883 - 178 -
1 input and timely notice to victims and to jurisdictions where 2 defined offenders are authorized to travel or to relocate across 3 state lines; establish a system of uniform data collection, 4 access to information on active cases by authorized criminal 5 justice officials, and regular reporting of Compact activities 6 to heads of state councils, state executive, judicial, and 7 legislative branches and criminal justice administrators; 8 monitor compliance with rules governing interstate movement of 9 offenders and initiate interventions to address and correct non- 10 compliance; and coordinate training and education regarding 11 regulations of interstate movement of offenders for officials 12 involved in such activity. The compacting states recognize that 13 there is no "right" of any offender to live in another state and 14 that duly accredited officers of a sending state may at all 15 times enter a receiving state and there apprehend and retake any 16 offender under supervision subject to the provisions of this 17 compact and Bylaws and Rules promulgated hereunder. It is the 18 policy of the compacting states that the activities conducted by 19 the Interstate Commission created herein are the formation of 20 public policies and are therefore public business. 21 ARTICLE II 22 DEFINITIONS 23 As used in this compact, unless the context clearly requires 24 a different construction: 25 "Adult" means both individuals legally classified as adults 26 and juveniles treated as adults by court order, statute, or 27 operation of law. 28 "Bylaws" means those Bylaws established by the Interstate 29 Commission for its governance, or for directing or controlling 30 the Interstate Commission's actions or conduct. 20050S0506B1883 - 179 -
1 "Compact Administrator" means the individual in each 2 compacting state appointed pursuant to the terms of this compact 3 responsible for the administration and management of the state's 4 supervision and transfer of offenders subject to the terms of 5 this compact, the rules adopted by the Interstate Commission and 6 policies adopted by the State Council under this compact. 7 "Compacting state" means any state which has enacted the 8 enabling legislation for this compact. 9 "Commissioner" means the voting representative of each 10 compacting state appointed pursuant to Article III of this 11 compact. 12 "Interstate Commission" means the Interstate Commission for 13 Adult Offender Supervision established by this compact. 14 "Member" means the commissioner of a compacting state or 15 designee, who shall be a person officially connected with the 16 commissioner. 17 "Non-compacting state" means any state which has not enacted 18 the enabling legislation for this compact. 19 "Offender" means an adult placed under, or subject to, 20 supervision as the result of the commission of a criminal 21 offense and released to the community under the jurisdiction of 22 courts, paroling authorities, corrections, or other criminal 23 justice agencies. 24 "Person" means any individual, corporation, business 25 enterprise, or other legal entity, either public or private. 26 "Rules" means acts of the Interstate Commission, duly 27 promulgated pursuant to Article VIII of this compact, 28 substantially affecting interested parties in addition to the 29 Interstate Commission, which shall have the force and effect of 30 law in the compacting states. 20050S0506B1883 - 180 -
1 "State" means a state of the United States, the District of 2 Columbia and any other territorial possessions of the United 3 States. 4 "State Council" means the resident members of the State 5 Council for Interstate Adult Offender Supervision created by 6 each state under Article III of this compact. 7 ARTICLE III 8 THE COMPACT COMMISSION 9 The compacting states hereby create the "Interstate 10 Commission for Adult Offender Supervision." The Interstate 11 Commission shall be a body corporate and joint agency of the 12 compacting states. The Interstate Commission shall have all the 13 responsibilities, powers and duties set forth herein, including 14 the power to sue and be sued, and such additional powers as may 15 be conferred upon it by subsequent action of the respective 16 legislatures of the compacting states in accordance with the 17 terms of this compact. The Interstate Commission shall consist 18 of Commissioners selected and appointed by resident members of a 19 State Council for Interstate Adult Offender Supervision for each 20 state. 21 In addition to the Commissioners who are the voting 22 representatives of each state, the Interstate Commission shall 23 include individuals who are not commissioners but who are 24 members of interested organizations; such non-commissioner 25 members must include a member of the national organizations of 26 governors, legislators, state chief justices, attorneys general 27 and crime victims. All non-commissioner members of the 28 Interstate Commission shall be ex-officio (non-voting) members. 29 The Interstate Commission may provide in its Bylaws for such 30 additional, ex-officio, non-voting members as it deems 20050S0506B1883 - 181 -
1 necessary. 2 Each compacting state represented at any meeting of the 3 Interstate Commission is entitled to one vote. A majority of the 4 compacting states shall constitute a quorum for the transaction 5 of business, unless a larger quorum is required by the Bylaws of 6 the Interstate Commission. 7 The Interstate Commission shall meet at least once each 8 calendar year. The chairperson may call additional meetings and, 9 upon the request of 27 or more compacting states, shall call 10 additional meetings. Public notice shall be given of all 11 meetings and meetings shall be open to the public. 12 The Interstate Commission shall establish an Executive 13 Committee which shall include commission officers, members and 14 others as shall be determined by the Bylaws. The Executive 15 Committee shall have the power to act on behalf of the 16 Interstate Commission during periods when the Interstate 17 Commission is not in session, with the exception of rulemaking 18 and/or amendment to the Compact. The Executive Committee 19 oversees the day-to-day activities managed by the Executive 20 Director and Interstate Commission staff; administers 21 enforcement and compliance with the provisions of the compact, 22 its Bylaws and as directed by the Interstate Commission and 23 performs other duties as directed by Commission or set forth in 24 the Bylaws. 25 ARTICLE IV 26 THE STATE COUNCIL 27 Each member state shall create a State Council for Interstate 28 Adult Offender Supervision which shall be responsible for the 29 appointment of the commissioner who shall serve on the 30 Interstate Commission from that state. Each state council shall 20050S0506B1883 - 182 -
1 appoint as its commissioner the Compact Administrator from that 2 state to serve on the Interstate Commission in such capacity 3 under or pursuant to applicable law of the member state. While 4 each member state may determine the membership of its own state 5 council, its membership must include at least one representative 6 from the legislative, judicial, and executive branches of 7 government, victims groups and compact administrators. Each 8 compacting state retains the right to determine the 9 qualifications of the Compact Administrator who shall be 10 appointed by the Governor in consultation with the Legislature 11 and the Judiciary. In addition to appointment of its 12 commissioner to the National Interstate Commission, each state 13 council shall exercise oversight and advocacy concerning its 14 participation in Interstate Commission activities and other 15 duties as may be determined by each member state, including, but 16 not limited to, development of policy concerning operations and 17 procedures of the compact within that state. 18 ARTICLE V 19 POWERS AND DUTIES OF THE INTERSTATE COMMISSION 20 The Interstate Commission shall have the following powers: 21 To adopt a seal and suitable Bylaws governing the 22 management and operation of the Interstate Commission. 23 To promulgate rules which shall have the force and effect 24 of statutory law and shall be binding in the compacting 25 states to the extent and in the manner provided in this 26 compact. 27 To oversee, supervise and coordinate the interstate 28 movement of offenders subject to the terms of this compact 29 and any Bylaws adopted and rules promulgated by the compact 30 commission. 20050S0506B1883 - 183 -
1 To enforce compliance with compact provisions, Interstate 2 Commission rules, and Bylaws, using all necessary and proper 3 means, including, but not limited to, the use of judicial 4 process. 5 To establish and maintain offices. 6 To purchase and maintain insurance and bonds. 7 To borrow, accept, or contract for services of personnel, 8 including, but not limited to, members and their staffs. 9 To establish and appoint committees and hire staff which 10 it deems necessary for the carrying out of its functions 11 including, but not limited to, an executive committee as 12 required by Article III which shall have the power to act on 13 behalf of the Interstate Commission in carrying out its 14 powers and duties hereunder. 15 To elect or appoint such officers, attorneys, employees, 16 agents, or consultants, and to fix their compensation, define 17 their duties and determine their qualifications; and to 18 establish the Interstate Commission's personnel policies and 19 programs relating to, among other things, conflicts of 20 interest, rates of compensation, and qualifications of 21 personnel. 22 To accept any and all donations and grants of money, 23 equipment, supplies, materials, and services, and to receive, 24 utilize, and dispose of same. 25 To lease, purchase, accept contributions or donations of, 26 or otherwise to own, hold, improve or use any property, real, 27 personal, or mixed. 28 To sell, convey, mortgage, pledge, lease, exchange, 29 abandon, or otherwise dispose of any property, real, personal 30 or mixed. 20050S0506B1883 - 184 -
1 To establish a budget and make expenditures and levy dues 2 as provided in Article X of this compact. 3 To sue and be sued. 4 To provide for dispute resolution among Compacting 5 States. 6 To perform such functions as may be necessary or 7 appropriate to achieve the purposes of this compact. 8 To report annually to the legislatures, governors, 9 judiciary, and state councils of the compacting states 10 concerning the activities of the Interstate Commission during 11 the preceding year. Such reports shall also include any 12 recommendations that may have been adopted by the Interstate 13 Commission. 14 To coordinate education, training and public awareness 15 regarding the interstate movement of offenders for officials 16 involved in such activity. 17 To establish uniform standards for the reporting, 18 collecting, and exchanging of data. 19 ARTICLE VI 20 ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION 21 Section A. Bylaws 22 The Interstate Commission shall, by a majority of the 23 Members, within twelve months of the first Interstate Commission 24 meeting, adopt Bylaws to govern its conduct as may be necessary 25 or appropriate to carry out the purposes of the Compact, 26 including, but not limited to: establishing the fiscal year of 27 the Interstate Commission; establishing an executive committee 28 and such other committees as may be necessary; providing 29 reasonable standards and procedures: 30 (i) for the establishment of committees, and 20050S0506B1883 - 185 -
1 (ii) governing any general or specific delegation of any 2 authority or function of the Interstate Commission; 3 providing reasonable procedures for calling and conducting 4 meetings of the Interstate Commission, and ensuring reasonable 5 notice of each such meeting; establishing the titles and 6 responsibilities of the officers of the Interstate Commission; 7 providing reasonable standards and procedures for the 8 establishment of the personnel policies and programs of the 9 Interstate Commission. Notwithstanding any civil service or 10 other similar laws of any Compacting State, the Bylaws shall 11 exclusively govern the personnel policies and programs of the 12 Interstate Commission; and providing a mechanism for winding up 13 the operations of the Interstate Commission and the equitable 14 return of any surplus funds that may exist upon the termination 15 of the Compact after the payment and/or reserving of all of its 16 debts and obligations; providing transition rules for "start up" 17 administration of the Compact; establishing standards and 18 procedures for compliance and technical assistance in carrying 19 out the Compact. 20 Section B. Officers and Staff 21 The Interstate Commission shall, by a majority of the 22 Members, elect from among its Members a chairperson and a vice 23 chairperson, each of whom shall have such authorities and duties 24 as may be specified in the Bylaws. The chairperson or, in his or 25 her absence or disability, the vice chairperson, shall preside 26 at all meetings of the Interstate Commission. The Officers so 27 elected shall serve without compensation or remuneration from 28 the Interstate Commission; PROVIDED THAT, subject to the 29 availability of budgeted funds, the officers shall be reimbursed 30 for any actual and necessary costs and expenses incurred by them 20050S0506B1883 - 186 -
1 in the performance of their duties and responsibilities as 2 officers of the Interstate Commission. 3 The Interstate Commission shall, through its executive 4 committee, appoint or retain an executive director for such 5 period, upon such terms and conditions and for such compensation 6 as the Interstate Commission may deem appropriate. The executive 7 director shall serve as secretary to the Interstate Commission, 8 and hire and supervise such other staff as may be authorized by 9 the Interstate Commission, but shall not be a Member. 10 Section C. Corporate Records of the Interstate Commission 11 The Interstate Commission shall maintain its corporate books 12 and records in accordance with the Bylaws. 13 Section D. Qualified Immunity, Defense and Indemnification 14 The Members, officers, executive director and employees of 15 the Interstate Commission shall be immune from suit and 16 liability, either personally or in their official capacity, for 17 any claim for damage to or loss of property or personal injury 18 or other civil liability caused or arising out of any actual or 19 alleged act, error or omission that occurred within the scope of 20 Interstate Commission employment, duties or responsibilities; 21 PROVIDED, that nothing in this paragraph shall be construed to 22 protect any such person from suit and/or liability for any 23 damage, loss injury or liability caused by the intentional or 24 willful and wanton misconduct of any such person. 25 The Interstate Commission shall defend the Commissioner of a 26 Compacting State, or his or her representatives or employees, or 27 the Interstate Commission's representatives or employees, in any 28 civil action seeking to impose liability, arising out of any 29 actual or alleged act, error or omission that occurred within 30 the scope of Interstate Commission employment, duties or 20050S0506B1883 - 187 -
1 responsibilities, or that the defendant had a reasonable basis 2 for believing occurred within the scope of Interstate Commission 3 employment, duties or responsibilities; PROVIDED, that the 4 actual or alleged act, error or omission did not result from 5 intentional wrongdoing on the part of such person. 6 The Interstate Commission shall indemnify and hold the 7 Commissioner of a Compacting State, the appointed designee or 8 employees, or the Interstate Commission's representatives or 9 employees, harmless in the amount of any settlement or judgment 10 obtained against such persons arising out of any actual or 11 alleged act, error or omission that occurred within the scope of 12 Interstate Commission employment, duties or responsibilities, or 13 that such persons had a reasonable basis for believing occurred 14 within the scope of Interstate Commission employment, duties or 15 responsibilities, PROVIDED, that the actual or alleged act, 16 error or omission did not result from gross negligence or 17 intentional wrongdoing on the part of such person. 18 ARTICLE VII 19 ACTIVITIES OF THE INTERSTATE COMMISSION 20 The Interstate Commission shall meet and take such actions as 21 are consistent with the provisions of this Compact. 22 Except as otherwise provided in this Compact and unless a 23 greater percentage is required by the Bylaws, in order to 24 constitute an act of the Interstate Commission, such act shall 25 have been taken at a meeting of the Interstate Commission and 26 shall have received an affirmative vote of a majority of the 27 Members present. 28 Each Member of the Interstate Commission shall have the right 29 and power to cast a vote to which that Compacting State is 30 entitled and to participate in the business and affairs of the 20050S0506B1883 - 188 -
1 Interstate Commission. A Member shall vote in person on behalf 2 of the state and shall not delegate a vote to another member 3 state. However, a State Council shall appoint another authorized 4 representative, in the absence of the commissioner from that 5 state, to cast a vote on behalf of the member state at a 6 specified meeting. The Bylaws may provide for Members' 7 participation in meetings by telephone or other means of 8 telecommunication or electronic communication. Any voting 9 conducted by telephone, or other means of telecommunication or 10 electronic communication shall be subject to the same quorum 11 requirements of meetings where members are present in person. 12 The Interstate Commission shall meet at least once during each 13 calendar year. The chairperson of the Interstate Commission may 14 call additional meetings at any time and, upon the request of a 15 majority of the Members, shall call additional meetings. 16 The Interstate Commission's Bylaws shall establish conditions 17 and procedures under which the Interstate Commission shall make 18 its information and official records available to the public for 19 inspection or copying. The Interstate Commission may exempt from 20 disclosure any information or official records to the extent 21 they would adversely affect personal privacy rights or 22 proprietary interests. In promulgating such Rules, the 23 Interstate Commission may make available to law enforcement 24 agencies records and information otherwise exempt from 25 disclosure, and may enter into agreements with law enforcement 26 agencies to receive or exchange information or records subject 27 to nondisclosure and confidentiality provisions. 28 Public notice shall be given of all meetings and all meetings 29 shall be open to the public, except as set forth in the Rules or 30 as otherwise provided in the Compact. The Interstate Commission 20050S0506B1883 - 189 -
1 shall promulgate Rules consistent with the principles contained 2 in the "Government in Sunshine Act," 5 U.S.C. Section 552(b), as 3 may be amended. The Interstate Commission and any of its 4 committees may close a meeting to the public where it determines 5 by two-thirds vote that an open meeting would be likely to: 6 relate solely to the Interstate Commission's internal 7 personnel practices and procedures; 8 disclose matters specifically exempted from disclosure by 9 statute; 10 disclose trade secrets or commercial or financial 11 information which is privileged or confidential; 12 involve accusing any person of a crime, or formally 13 censuring any person; 14 disclose information of a personal nature where 15 disclosure would constitute a clearly unwarranted invasion of 16 personal privacy; 17 disclose investigatory records compiled for law 18 enforcement purposes; 19 disclose information contained in or related to 20 examination, operating or condition reports prepared by, or 21 on behalf of or for the use of, the Interstate Commission 22 with respect to a regulated entity for the purpose of 23 regulation or supervision of such entity; 24 disclose information, the premature disclosure of which 25 would significantly endanger the life of a person or the 26 stability of a regulated entity; 27 specifically relate to the Interstate Commission's 28 issuance of a subpoena, or its participation in a civil 29 action or proceeding. 30 For every meeting closed pursuant to this provision, the 20050S0506B1883 - 190 -
1 Interstate Commission's chief legal officer shall publicly 2 certify that, in his or her opinion, the meeting may be closed 3 to the public, and shall reference each relevant exemptive 4 provision. The Interstate Commission shall keep minutes which 5 shall fully and clearly describe all matters discussed in any 6 meeting and shall provide a full and accurate summary of any 7 actions taken, and the reasons therefor, including a description 8 of each of the views expressed on any item and the record of any 9 roll call vote (reflected in the vote of each Member on the 10 question). All documents considered in connection with any 11 action shall be identified in such minutes. 12 The Interstate Commission shall collect standardized data 13 concerning the interstate movement of offenders as directed 14 through its Bylaws and Rules which shall specify the data to be 15 collected and the means of collection and data exchange and 16 reporting requirements. 17 ARTICLE VIII 18 RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION 19 The Interstate Commission shall promulgate Rules in order to 20 effectively and efficiently achieve the purposes of the Compact 21 including transition rules governing administration of the 22 Compact during the period in which it is being considered and 23 enacted by the states. 24 Rulemaking shall occur pursuant to the criteria set forth in 25 this Article and the Bylaws and Rules adopted pursuant thereto. 26 Such rulemaking shall substantially conform to the principles of 27 the Federal Administrative Procedure Act, 5 U.S.C. Ch. 5 Subchs. 28 II (relating to administrative procedure) and III (relating to 29 negotiated rulemaking procedure), and the Federal Advisory 30 Committee Act, 5 U.S.C.S. app. 2, section 1 et seq., as may be 20050S0506B1883 - 191 -
1 amended (hereinafter "APA"). 2 All Rules and amendments shall become binding as of the date 3 specified in each Rule or amendment. 4 If a majority of the legislatures of the Compacting States 5 rejects a Rule, by enactment of a statute or resolution in the 6 same manner used to adopt the compact, then such Rule shall have 7 no further force and effect in any Compacting State. 8 When promulgating a Rule, the Interstate Commission shall: 9 publish the proposed Rule stating with particularity the 10 text of the Rule which is proposed and the reason for the 11 proposed Rule; 12 allow persons to submit written data, facts, opinions and 13 arguments, which information shall be publicly available; 14 provide an opportunity for an informal hearing; and 15 promulgate a final Rule and its effective date, if 16 appropriate, based on the rulemaking record. 17 Not later than sixty days after a Rule is promulgated, any 18 interested person may file a petition in the United States 19 District Court for the District of Columbia or in the Federal 20 District Court where the Interstate Commission's principal 21 office is located for judicial review of such Rule. If the court 22 finds that the Interstate Commission's action is not supported 23 by substantial evidence, (as defined in the APA), in the 24 rulemaking record, the court shall hold the Rule unlawful and 25 set it aside. 26 Subjects to be addressed within 12 months after the first 27 meeting must at a minimum include: 28 notice to victims and opportunity to be heard; 29 offender registration and compliance; 30 violations/ returns; 20050S0506B1883 - 192 -
1 transfer procedures and forms; 2 eligibility for transfer; 3 collection of restitution and fees from offenders; 4 data collection and reporting; 5 the level of supervision to be provided by the receiving 6 state; 7 transition rules governing the operation of the compact 8 and the Interstate Commission during all or part of the 9 period between the effective date of the compact and the date 10 on which the last eligible state adopts the compact; 11 mediation, arbitration and dispute resolution. 12 The existing rules governing the operation of the previous 13 compact superseded by this Act shall be null and void twelve 14 (12) months after the first meeting of the Interstate Commission 15 created hereunder. 16 Upon determination by the Interstate Commission that an 17 emergency exists, it may promulgate an emergency rule which 18 shall become effective immediately upon adoption, provided that 19 the usual rulemaking procedures provided hereunder shall be 20 retroactively applied to said rule as soon as reasonably 21 possible, in no event later than 90 days after the effective 22 date of the rule. 23 ARTICLE IX 24 OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION 25 BY THE INTERSTATE COMMISSION 26 Section A. Oversight 27 The Interstate Commission shall oversee the interstate 28 movement of adult offenders in the compacting states and shall 29 monitor such activities being administered in Non-compacting 30 States which may significantly affect Compacting States. 20050S0506B1883 - 193 -
1 The courts and executive agencies in each Compacting State 2 shall enforce this Compact and shall take all actions necessary 3 and appropriate to effectuate the Compact's purposes and intent. 4 In any judicial or administrative proceeding in a Compacting 5 State pertaining to the subject matter of this Compact which may 6 affect the powers, responsibilities or actions of the Interstate 7 Commission, the Interstate Commission shall be entitled to 8 receive all service of process in any such proceeding, and shall 9 have standing to intervene in the proceeding for all purposes. 10 Section B. Dispute Resolution 11 The Compacting States shall report to the Interstate 12 Commission on issues or activities of concern to them, and 13 cooperate with and support the Interstate Commission in the 14 discharge of its duties and responsibilities. 15 The Interstate Commission shall attempt to resolve any 16 disputes or other issues which are subject to the compact and 17 which may arise among Compacting States and Non-compacting 18 States. 19 The Interstate Commission shall enact a Bylaw or promulgate a 20 Rule providing for both mediation and binding dispute resolution 21 for disputes among the Compacting States. 22 Section C. Enforcement 23 The Interstate Commission, in the reasonable exercise of its 24 discretion, shall enforce the provisions of this compact using 25 any or all means set forth in Article XII, Section B, of this 26 compact. 27 Section D. Extradition 28 The duly accredited officers of a sending state may at all 29 times enter a receiving state, and there apprehend and retake 30 any person on probation or parole. For that purpose, no 20050S0506B1883 - 194 -
1 formalities will be required other than establishing the 2 authority of the officer and the identity of the person to be 3 retaken. All legal requirements to obtain extradition of 4 fugitives from justice are hereby expressly waived on the part 5 of states party hereto as to such persons. The decision of the 6 sending state to retake a person on probation or parole shall be 7 conclusive upon and not reviewable within the receiving state. 8 If at the time when a state seeks to retake a probationer or 9 parolee, there should be pending against him within the 10 receiving state any criminal charge, or he is suspected of 11 having committed within such state a criminal offense, he shall 12 not be retaken without the consent of the receiving state until 13 discharged from prosecution or from imprisonment for such 14 offense. The duly accredited officers of the sending state will 15 be permitted to transport prisoners being retaken through any 16 and all states parties to this compact without interference. 17 ARTICLE X 18 FINANCE 19 The Interstate Commission shall pay or provide for the 20 payment of the reasonable expenses of its establishment, 21 organization and ongoing activities. 22 The Interstate Commission shall levy on and collect an annual 23 assessment from each Compacting State to cover the cost of the 24 internal operations and activities of the Interstate Commission 25 and its staff which must be in a total amount sufficient to 26 cover the Interstate Commission's annual budget as approved each 27 year. The aggregate annual assessment amount shall be allocated 28 based upon a formula to be determined by the Interstate 29 Commission, taking into consideration the population of the 30 state and the volume of interstate movement of offenders in each 20050S0506B1883 - 195 -
1 Compacting State and shall promulgate a Rule binding upon all 2 Compacting States which governs said assessment. 3 The Interstate Commission shall not incur any obligations of 4 any kind prior to securing the funds adequate to meet the same; 5 nor shall the Interstate Commission pledge the credit of any of 6 the Compacting States, except by and with the authority of the 7 Compacting State. 8 The Interstate Commission shall keep accurate accounts of all 9 receipts and disbursements. The receipts and disbursements of 10 the Interstate Commission shall be subject to the audit and 11 accounting procedures established under its Bylaws. However, all 12 receipts and disbursements of funds handled by the Interstate 13 Commission shall be audited yearly by a certified or licensed 14 public accountant and the report of the audit shall be included 15 in and become part of the annual report of the Interstate 16 Commission. 17 ARTICLE XI 18 COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT 19 Any state, as defined in Article II of this Compact, is 20 eligible to become a Compacting State. The Compact shall become 21 effective and binding upon legislative enactment of the Compact 22 into law by no less than 35 of the States. The initial effective 23 date shall be the later of July 1, 2001, or upon enactment into 24 law by the 35th jurisdiction. Thereafter it shall become 25 effective and binding, as to any other Compacting State, upon 26 enactment of the Compact into law by that State. The governors 27 of Non-member states or their designees will be invited to 28 participate in Interstate Commission activities on a non-voting 29 basis prior to adoption of the Compact by all states and 30 territories of the United States. 20050S0506B1883 - 196 -
1 Amendments to the Compact may be proposed by the Interstate 2 Commission for enactment by the Compacting States. No amendment 3 shall become effective and binding upon the Interstate 4 Commission and the Compacting States unless and until it is 5 enacted into law by unanimous consent of the Compacting States. 6 ARTICLE XII 7 WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT 8 Section A. Withdrawal 9 Once effective, the Compact shall continue in force and 10 remain binding upon each and every Compacting State; PROVIDED, 11 that a Compacting State may withdraw from the Compact 12 ("Withdrawing State") by enacting a statute specifically 13 repealing the statute which enacted the Compact into law. The 14 effective date of withdrawal is the effective date of the 15 repeal. 16 The Withdrawing State shall immediately notify the 17 chairperson of the Interstate Commission in writing upon the 18 introduction of legislation repealing this Compact in the 19 Withdrawing State. 20 The Interstate Commission shall notify the other Compacting 21 States of the Withdrawing State's intent to withdraw within 22 sixty days of its receipt thereof. 23 The Withdrawing State is responsible for all assessments, 24 obligations and liabilities incurred through the effective date 25 of withdrawal, including any obligations, the performance of 26 which extend beyond the effective date of withdrawal. 27 Reinstatement following withdrawal of any Compacting State 28 shall occur upon the Withdrawing State reenacting the Compact or 29 upon such later date as determined by the Interstate Commission. 30 Section B. Default 20050S0506B1883 - 197 -
1 If the Interstate Commission determines that any Compacting 2 State has at any time defaulted ("Defaulting State") in the 3 performance of any of its obligations or responsibilities under 4 this Compact, the Bylaws or any duly promulgated Rules the 5 Interstate Commission may impose any or all of the following 6 penalties: 7 Fines, fees and costs in such amounts as are deemed to be 8 reasonable as fixed by the Interstate Commission; 9 Remedial training and technical assistance as directed by 10 the Interstate Commission; 11 Suspension and termination of membership in the Compact. 12 Suspension shall be imposed only after all other reasonable 13 means of securing compliance under the Bylaws and Rules have 14 been exhausted. Immediate notice of suspension shall be given by 15 the Interstate Commission to the Governor, the Chief Justice or 16 Chief Judicial Officer of the state; the majority and minority 17 leaders of the defaulting state's legislature, and the State 18 Council. 19 The grounds for default include, but are not limited to, 20 failure of a Compacting State to perform such obligations or 21 responsibilities imposed upon it by this compact, Interstate 22 Commission Bylaws, or duly promulgated Rules. The Interstate 23 Commission shall immediately notify the Defaulting State in 24 writing of the penalty imposed by the Interstate Commission on 25 the Defaulting State pending a cure of the default. The 26 Interstate Commission shall stipulate the conditions and the 27 time period within which the Defaulting State must cure its 28 default. If the Defaulting State fails to cure the default 29 within the time period specified by the Interstate Commission, 30 in addition to any other penalties imposed herein, the 20050S0506B1883 - 198 -
1 Defaulting State may be terminated from the Compact upon an 2 affirmative vote of a majority of the Compacting States and all 3 rights, privileges and benefits conferred by this Compact shall 4 be terminated from the effective date of suspension. Within 5 sixty days of the effective date of termination of a Defaulting 6 State, the Interstate Commission shall notify the Governor, the 7 Chief Justice or Chief Judicial Officer and the Majority and 8 Minority Leaders of the Defaulting State's legislature and the 9 state council of such termination. 10 The Defaulting State is responsible for all assessments, 11 obligations and liabilities incurred through the effective date 12 of termination including any obligations, the performance of 13 which extends beyond the effective date of termination. 14 The Interstate Commission shall not bear any costs relating 15 to the Defaulting State unless otherwise mutually agreed upon 16 between the Interstate Commission and the Defaulting State. 17 Reinstatement following termination of any Compacting State 18 requires both a reenactment of the Compact by the Defaulting 19 State and the approval of the Interstate Commission pursuant to 20 the Rules. 21 Section C. Judicial Enforcement 22 The Interstate Commission may, by majority vote of the 23 Members, initiate legal action in the United States District 24 Court for the District of Columbia or, at the discretion of the 25 Interstate Commission, in the Federal District where the 26 Interstate Commission has its offices to enforce compliance with 27 the provisions of the Compact, its duly promulgated Rules and 28 Bylaws, against any Compacting State in default. In the event 29 judicial enforcement is necessary the prevailing party shall be 30 awarded all costs of such litigation including reasonable 20050S0506B1883 - 199 -
1 attorneys fees. 2 Section D. Dissolution of Compact 3 The Compact dissolves effective upon the date of the 4 withdrawal or default of the Compacting State which reduces 5 membership in the Compact to one Compacting State. 6 Upon the dissolution of this Compact, the Compact becomes 7 null and void and shall be of no further force or effect, and 8 the business and affairs of the Interstate Commission shall be 9 wound up and any surplus funds shall be distributed in 10 accordance with the Bylaws. 11 ARTICLE XIII 12 SEVERABILITY AND CONSTRUCTION 13 The provisions of this Compact shall be severable, and if any 14 phrase, clause, sentence or provision is deemed unenforceable, 15 the remaining provisions of the Compact shall be enforceable. 16 The provisions of this Compact shall be liberally constructed to 17 effectuate its purposes. 18 ARTICLE XIV 19 BINDING EFFECT OF COMPACT AND OTHER LAWS 20 Section A. Other Laws 21 Nothing herein prevents the enforcement of any other law of a 22 Compacting State that is not inconsistent with this Compact. All 23 Compacting States' laws conflicting with this Compact are 24 superseded to the extent of the conflict. 25 Section B. Binding Effect of the Compact 26 All lawful actions of the Interstate Commission, including 27 all Rules and Bylaws promulgated by the Interstate Commission, 28 are binding upon the Compacting States. 29 All agreements between the Interstate Commission and the 30 Compacting States are binding in accordance with their terms. 20050S0506B1883 - 200 -
1 Upon the request of a party to a conflict over meaning or 2 interpretation of Interstate Commission actions, and upon a 3 majority vote of the Compacting States, the Interstate 4 Commission may issue advisory opinions regarding such meaning or 5 interpretation. 6 In the event any provision of this Compact exceeds the 7 constitutional limits imposed on the legislature of any 8 Compacting State, the obligations, duties, powers or 9 jurisdiction sought to be conferred by such provision upon the 10 Interstate Commission shall be ineffective and such obligations, 11 duties, powers or jurisdiction shall remain in the Compacting 12 State and shall be exercised by the agency thereof to which such 13 obligations, duties, powers or jurisdiction are delegated by law 14 in effect at the time this Compact becomes effective. 15 § 7113. When and how compact becomes operative. 16 (a) General rule.--When the Governor executes the Interstate 17 Compact for the Supervision of Adult Offenders on behalf of this 18 State and files a verified copy thereof with the Secretary of 19 the Commonwealth and when the compact is ratified by one or more 20 other states, then the compact shall become operative and 21 effective between this State and such other state or states. The 22 Governor is hereby authorized and directed to take such action 23 as may be necessary to complete the exchange of official 24 documents between this State and any other state ratifying the 25 compact. 26 (b) Notice in Pennsylvania Bulletin.--The Secretary of the 27 Commonwealth shall publish a notice in the Pennsylvania Bulletin 28 when the conditions set forth in subsection (a) are satisfied 29 and shall include in the notice the date on which the compact 30 became effective and operative between this State and any other 20050S0506B1883 - 201 -
1 state or states in accordance with this subchapter. 2 § 7114. State council and compact administrator. 3 (a) State council.--Consistent with Article IV of the 4 Interstate Compact for the Supervision of Adult Offenders, there 5 is hereby established the State Council for Interstate Adult 6 Offender Supervision. The council shall consist of nine members, 7 seven of whom shall be appointed by the Governor. At least two 8 members shall be judges of courts of record of this Commonwealth 9 and at least one shall be a county chief probation officer, a 10 representative from the executive branch of government, a 11 representative of victims groups and the compact administrator. 12 The President pro tempore of the Senate and the Speaker of the 13 House of Representatives shall each appoint a member of the 14 General Assembly to serve as a member of the council. The term 15 of a member of the council hereafter appointed, except to fill a 16 vacancy, shall be for four years and until a successor has been 17 appointed, but in no event more than 90 days beyond the 18 expiration of the appointed term. The term of a member of the 19 council who is appointed by virtue of serving as a member of the 20 General Assembly, as a judge or as a county chief probation 21 officer shall continue only as long as the individual remains in 22 that office. A vacancy occurring in an office of a member of the 23 council by expiration of term or for any other reason shall be 24 filled by the appointing authority for the remainder of the 25 term. 26 (b) Appointment of administrator.--The compact administrator 27 shall be appointed by the Governor and shall serve as a member 28 of the State Council for the Supervision of Adult Offenders and 29 shall serve on the Interstate Commission for Adult Offender 30 Supervision established pursuant to the Interstate Compact for 20050S0506B1883 - 202 -
1 the Supervision of Adult Offenders. 2 (c) Compensation and expenses of administrator.--The compact 3 administrator who represents this State, as provided for in 4 Article IV of the Interstate Compact for the Supervision of 5 Adult Offenders, shall not be entitled to any additional 6 compensation for his duties and responsibilities as compact 7 administrator but shall be entitled to reimbursement for 8 reasonable expenses actually incurred in connection with his 9 duties and responsibilities as compact administrator in the same 10 manner as for expenses incurred in connection with other duties 11 and responsibilities of his office or employment. 12 SUBCHAPTER C 13 ADMINISTRATIVE PROVISIONS 14 Sec. 15 7121. Deputization. 16 7122. Supervision of persons paroled by other states. 17 7123. Penalty. 18 § 7121. Deputization. 19 (a) General rule.--The chairperson of the Pennsylvania Board 20 of Probation and Parole may deputize any person to act as an 21 officer and agent of the Commonwealth in effecting the return of 22 any person who has violated the terms and conditions of parole 23 or probation as granted by the Commonwealth. In any matter 24 relating to the return of such person, an agent so deputized has 25 all the powers of a police officer of this Commonwealth. 26 (b) Evidence of deputization.--A deputization under this 27 section must be in writing and a person authorized to act as an 28 agent of the Commonwealth under that authority shall carry 29 formal evidence of the deputization and shall produce it on 30 demand. 20050S0506B1883 - 203 -
1 (c) Interstate contracts.--The chairperson of the 2 Pennsylvania Board of Probation and Parole may, subject to the 3 approval of the Auditor General, enter into contracts with 4 similar officials of any other state for the purpose of sharing 5 an equitable portion of the cost of effecting the return of any 6 person who has violated the terms and conditions of parole or 7 probation as granted by the Commonwealth. 8 § 7122. Supervision of persons paroled by other states. 9 (a) General rule.--In compliance with the Federal interstate 10 compact laws and the provisions of this section, the board may 11 supervise persons who are paroled by other states and reside in 12 this Commonwealth, where such other states agree to perform 13 similar services for the board. 14 (b) Witness Protection Program.--The board may relinquish 15 jurisdiction over a parolee to the proper Federal authorities 16 where the parolee is placed into the Witness Protection Program 17 of the United States Department of Justice. 18 (c) Applicability.--The provisions of this section shall 19 apply only to those persons under the supervision of the board. 20 (d) Contracting state obligations.--The contracting state 21 must adhere to this Commonwealth's laws regarding the interstate 22 compact, which are as follows: 23 (1) The contracting state solemnly agrees that it is 24 competent for the duly constituted judicial and 25 administrative authorities of a state party to the compact, 26 referred to as the "sending state," to permit any person 27 convicted of an offense within such state and placed on 28 probation or released on parole to reside in any other state, 29 referred to as the "receiving state," while on probation or 30 parole if: 20050S0506B1883 - 204 -
1 (i) A confirmed offer of viable employment or other 2 verifiable means of support exists. 3 (ii) A residence approved by the sending state shall 4 be available. 5 (2) The following information must be made available to 6 the receiving state from the sending state at the time the 7 application for acceptance to the receiving state shall be 8 filed: 9 (i) Institutional adjustment information on parolees 10 or probationers. 11 (ii) Current supervision history on parolees or 12 probationers. 13 (iii) A psychological report or psychological 14 update, completed no more than one year prior to the 15 receiving state's consideration, for persons convicted of 16 a violent offense. 17 (iv) The following information must be made 18 available to the receiving state for those cases defined 19 as a sexual offense: 20 (A) A summary of any type of treatment received 21 and dates of completion. 22 (B) A description of behavioral characteristics 23 that may have contributed to the parolee or 24 probationer's conduct. 25 (3) Any parolee or probationer convicted of a sexual 26 offense shall be required to: 27 (i) Submit to mandatory registration and public 28 notification of all current addresses with the 29 Pennsylvania State Police. 30 (ii) Provide a signed copy of the "Pennsylvania 20050S0506B1883 - 205 -
1 State Police Sexual Offender Registration Notification" 2 form and the "Pennsylvania State Police Sexual Offender 3 Registration" form to the receiving state. 4 (iii) Provide a signed copy of "Addendum to 5 Application for Compact Services/Agreement to Return" 6 form to the receiving state. 7 (4) Except as provided in this subsection, the receiving 8 state shall not consider the acceptance of supervision if the 9 parolee is already physically present in this Commonwealth. 10 Investigation and consideration of a case shall occur only 11 after the parolee returns to the sending state and proper 12 application is filed. The receiving state may consider the 13 acceptance of supervision if the probationer is already 14 physically present in this Commonwealth, where the 15 probationer has established domicile in the receiving state 16 before adjudication on the criminal offense. 17 (5) Electronic monitoring or other special conditions, 18 or both, of supervision shall be imposed as deemed necessary 19 by the receiving state. 20 (6) At the request of the receiving state, the sending 21 state shall agree to retake the parolee or probationer if 22 that individual violates any condition of probation or 23 parole. 24 (e) Definitions.--As used in this section the following 25 words and phrases shall have the meaning given to them in this 26 subsection unless the context clearly indicates otherwise: 27 "Board." The Pennsylvania Board of Probation and Parole. 28 "Sexual offense." 29 (1) Any of the following offenses or an equivalent 30 offense that is classified as a felony and involves a victim 20050S0506B1883 - 206 -
1 who is a minor: 2 18 Pa.C.S. § 2901 (relating to kidnapping). 3 18 Pa.C.S. § 5902(a) (relating to prostitution and 4 related offenses). 5 18 Pa.C.S. § 5903(a)(3), (4), (5) or (6) (relating to 6 obscene and other sexual materials and performances). 7 (2) Any of the following offenses or an equivalent 8 offense that is classified as a felony and involves a victim 9 who is younger than 13 years of age: 10 18 Pa.C.S. § 3126 (relating to indecent assault). 11 (3) Any of the following offenses or an equivalent 12 offense, regardless of the victim's age: 13 18 Pa.C.S. § 3121 (relating to rape). 14 18 Pa.C.S. § 3123 (relating to involuntary deviate 15 sexual intercourse). 16 18 Pa.C.S. § 3125 (relating to aggravated indecent 17 assault). 18 "Violent offense." 19 (1) Any of the following offenses or an equivalent 20 offense: 21 18 Pa.C.S. § 2502 (relating to murder). 22 18 Pa.C.S. § 2503 (relating to voluntary 23 manslaughter). 24 18 Pa.C.S. § 2702 (relating to aggravated assault). 25 18 Pa.C.S. § 2703 (relating to assault by prisoner). 26 18 Pa.C.S. § 2704 (relating to assault by life 27 prisoner). 28 18 Pa.C.S. § 2901 (relating to kidnapping) where the 29 victim is a minor. 30 18 Pa.C.S. § 3121 (relating to rape). 20050S0506B1883 - 207 -
1 18 Pa.C.S. § 3123 (relating to involuntary deviate
2 sexual intercourse).
3 18 Pa.C.S. § 3301 (relating to arson and related
4 offenses).
5 18 Pa.C.S. § 3502 (relating to burglary).
6 18 Pa.C.S. § 3701 (relating to robbery).
7 18 Pa.C.S. § 3923 (relating to theft by extortion)
8 where a threat of violence is made.
9 (2) A criminal attempt, criminal solicitation or
10 criminal conspiracy to commit any offenses set forth in this
11 definition.
12 "Other verifiable means of support." The term includes, but
13 is not limited to, support by parent, grandparent, sibling,
14 spouse or adult child. The term does not include public
15 assistance.
16 § 7123. Penalty.
17 A person who is on parole or probation in another state and
18 who resides in this Commonwealth in violation of section 6373
19 (relating to supervision of persons paroled by other states)
20 commits a misdemeanor of the first degree and shall be sentenced
21 to pay a fine of not more than $10,000 or to imprisonment for
22 not more than five years, or both.
23 Section 5. The addition of 61 Pa.C.S. Pts. I, II, III, IV
24 and V is a continuation of the acts and parts of acts listed in
25 section 7 of this act, except for the following:
26 Act of January 17, 1831 (P.L.12, No.12), entitled "A further
27 supplement to an act, entitled, An act to reform the penal laws
28 of this Commonwealth."
29 Sections 3 and 4 14 of the act of April 14, 1835 (P.L.232, <--
30 No.140), entitled "A supplement to the act entitled An act to
20050S0506B1883 - 208 -
1 provide for the erection of a new prison and a debtors' 2 apartment within the city and county of Philadelphia, and for 3 the sale of the county prison in Walnut street in said city." 4 Section 11 of the act of February 8, 1842 (P.L.12, No.10), 5 entitled "A supplement to an act entitled 'An act relating to 6 the prison of the county of Chester,' approved February first, 7 one thousand eight hundred and thirty-nine, and relative to the 8 Dauphin county prison." 9 The act of January 4, 1856 (P.L.711, No.661), entitled "A 10 further supplement to an act, entitled 'An Act to provide for 11 the erection of a new prison and debtors' apartment within the 12 city and county of Philadelphia, and for the sale of the county 13 prison in Walnut street in the said city, approved April 14 fourteenth, one thousand eight hundred thirty-five.'" 15 Sections 8, 12 and 14 of the act of June 2, 1871 (P.L.1301, 16 No.1209), entitled "An act to establish and maintain for the 17 city of Philadelphia, a house of correction, employment and 18 reformation for adults and minors." 19 Act of June 8, 1874 (P.L.278, No.163), entitled "An act 20 relating to prison inspectors and regulating prisons." 21 Sections 2 and 4 of the act of June 13, 1883 (P.L.112, 22 No.99), entitled "An act to abolish the contract system in the 23 prisons and reformatory institutions of the State of 24 Pennsylvania, and to regulate the wages of the inmates." 25 Act of June 22, 1897 (P.L.182, No.150), entitled "A 26 supplement to an act entitled 'An act for the punishment of 27 cruelty to animals in this Commonwealth,' approved the twenty- 28 ninth day of March, one thousand eight hundred and sixty-nine, 29 requiring the keepers or persons in charge of all jails, lock- 30 ups and station-houses within the Commonwealth to receive all 20050S0506B1883 - 209 -
1 persons arrested for any violation of the provisions of said 2 act." 3 Act of May 25, 1907 (P.L.247, No.191), entitled "An act 4 authorizing the employment of male prisoners of the jails, and 5 workhouses of this Commonwealth upon the public highways of the 6 several counties, and regulating the same; and providing for the 7 establishment of Prison Boards, the purchase of material and 8 tools, and employment of deputies, at the expense of the proper 9 county, and a penalty for the escape of prisoners while employed 10 outside of said jails, workhouses." 11 Act of May 28, 1913 (P.L.363, No.247), entitled "An act 12 regulating the discharge of prisoners on parole, from the penal 13 institutions of the Commonwealth." 14 Section 9 of the act of July 25, 1913 (P.L.1311, No.816), 15 entitled "An act providing for the establishment of a State 16 Industrial Home for Women; authorizing the purchase of a site, 17 and the erection thereon and equipment of necessary buildings; 18 providing for the commitment to said State Industrial Home for 19 Women of females between the ages of sixteen and thirty years, 20 convicted of, or pleading guilty to, the commission of any 21 criminal offense; and providing for the government and 22 management of said institution; and making an appropriation to 23 carry out the purposes of this act." 24 Act of July 19, 1917 (P.L.1117, No.378), entitled "An act 25 providing for the establishment, in cities of the first class, 26 of a house or houses of detention for witnesses and untried 27 prisoners; for the commitment of such prisoners and witnesses 28 thereto; and for the payment of the cost of establishing and 29 maintaining the same by the county wherein said cities are 30 situated." 20050S0506B1883 - 210 -
1 Act of May 1, 1929 (P.L.1184, No.416), entitled "An act 2 conferring and imposing certain powers and duties upon the State 3 Board of Pardons with respect to inmates of State penal and 4 correctional institutions released on parole." 5 Act of June 22, 1931 (P.L.864, No.280), entitled "An act 6 making a convict whose minimum sentence exceeds one-half of the 7 maximum sentence eligible to apply for release on parole when 8 said convict has served or will have served one-half his maximum 9 sentence." 10 Sections 25, 31, 32, 33, 33.1 and 34.1 of the act of August 11 6, 1941 (P.L.861, No.323), entitled, as amended, "An act to 12 create a uniform and exclusive system for the administration of 13 parole in this Commonwealth; providing state probation services; 14 establishing the 'Pennsylvania Board of Probation and Parole'; 15 conferring and defining its jurisdiction, duties, powers and 16 functions; including the supervision of persons placed upon 17 probation and parole in certain designated cases; providing for 18 the method of appointment of its members; regulating the 19 appointment, removal and discharge of its officers, clerks and 20 employes; dividing the Commonwealth into administrative 21 districts for purposes of probation and parole; fixing the 22 salaries of members of the board and of certain other officers 23 and employes thereof; making violations of certain provisions of 24 this act misdemeanors; providing penalties therefor; and for 25 other cognate purposes, and making an appropriation." 26 Section 5 of the act of August 13, 1963 (P.L.774, No.390), 27 entitled "An act authorizing courts to permit certain prisoners 28 to leave jail during reasonable and necessary hours for 29 occupational, scholastic or medical purposes; conferring powers 30 and imposing duties upon courts, county commissioners and 20050S0506B1883 - 211 -
1 sheriffs and other persons in charge of a jail or workhouse." 2 Act of December 27, 1965 (P.L.1237, No.502), entitled "An act 3 establishing regional correctional facilities administered by 4 the Bureau of Correction as part of the State correctional 5 system; establishing standards for county jails, and providing 6 for inspection and classification of county jails and for 7 commitment to State correctional facilities and county jails." 8 Act of March 21, 1986 (P.L.64, No.19), known as the Private 9 Prison Moratorium and Study Act. 10 Chapters 3, 5, 9 and 11 of the act of July 1, 1990 (P.L.315, 11 No.71), known as the Prison Facilities Improvement Act. 12 Section 6. The following shall apply: 13 (1) Except as otherwise provided in 61 Pa.C.S. Pts. I, 14 II, III, IV and V, all activities initiated under any of the 15 acts identified in section 5 of this act shall continue and 16 remain in full force and effect and may be completed under 61 17 Pa.C.S. Pts. I, II, III, IV and V. Resolutions, orders, 18 regulations, rules and decisions which were made under any of 19 the acts identified in section 5 of this act and which are in 20 effect on the effective date of this section shall remain in 21 full force and effect until revoked, vacated or modified 22 under 61 Pa.C.S. Pts. I, II, III, IV and V. Contracts, 23 obligations and agreements entered into under any of the acts 24 identified in section 5 of this act are not affected nor 25 impaired by the continuation of the acts and parts of acts 26 identified in section 5. 27 (2) Any difference in language between 61 Pa.C.S. Pts. 28 I, II, III, IV and V and the acts identified in section 5 of 29 this act is intended only to conform to the style of the 30 Pennsylvania Consolidated Statutes and is not intended to 20050S0506B1883 - 212 -
1 change or affect the legislative intent, judicial 2 construction or administrative interpretation and 3 implementation of those acts, except as follows: 4 (i) 61 Pa.C.S. Part I. 5 (ii) 61 Pa.C.S. § 3104(f). 6 (iii) The definition of "motivational boot camp" in 7 61 Pa.C.S. § 3903, by deleting an obsolete reference to 8 ventilation therapy. 9 (iv) 61 Pa.C.S. § 5903, by adding a reference to 10 civilian clothing to conform to Department of Corrections 11 policy. 12 Section 7. (a) The repeals in this section are necessary to 13 effectuate this act. 14 (b) The following acts and parts of acts are repealed: 15 Act of March 29, 1819 (P.L.232, No.146), entitled "An act to 16 prevent the coroner of Philadelphia county from holding inquests 17 in certain cases, and for other purposes." 18 Act of January 17, 1831 (P.L.12, No.12), entitled "A further 19 supplement to an act, entitled, An act to reform the penal laws 20 of this Commonwealth." 21 Act of April 14, 1835 (P.L.232, No.140), entitled "A 22 supplement to the act entitled 'An act to provide for the 23 erection of a new prison and a debtors' apartment within the 24 city and county of Philadelphia, and for the sale of the county 25 prison in Walnut street in said city.'" 26 Act of February 8, 1842 (P.L.12, No.10), entitled "A 27 supplement to an act entitled 'An act relating to the prison of 28 the county of Chester,' approved February first, one thousand 29 eight hundred and thirty-nine, and relative to the Dauphin 30 county prison." 20050S0506B1883 - 213 -
1 Section 5 of the act of April 16, 1845 (P.L.507, No.342), 2 entitled "An act to provide for the ordinary expenses of the 3 government, repair of the canals and railroads of the state, and 4 other claims upon the commonwealth." 5 Act of January 4, 1856 (P.L.711, No.661), entitled "A further 6 supplement to an act, entitled 'An act to provide for the 7 erection of a new prison and debtors' apartment within the city 8 and county of Philadelphia, and for the sale of the county 9 prison in Walnut street in the said city,' approved April 10 fourteenth, one thousand eight hundred thirty-five." 11 Act of April 18, 1857 (P.L.253, No.295), entitled "A further 12 supplement to an act to Reform the Penal Laws of this 13 Commonwealth, approved the seventeenth day of January, Anno 14 Domini one thousand eight hundred and thirty-one." 15 Act of May 1, 1861 (P.L.528, No.491), entitled "An act 16 granting further Powers to the Inspectors of the Philadelphia 17 County Prison." 18 Act of April 17, 1867 (P.L.87, No.68), entitled "An act to 19 authorize the Governor to appoint a person to visit prisons and 20 almshouses." 21 Act of June 2, 1871 (P.L.1301, No.1209), entitled "An act to 22 establish and maintain for the city of Philadelphia, a house of 23 correction, employment and reformation for adults and minors." 24 Act of June 8, 1874 (P.L.278, No.163), entitled "An act 25 relating to prison inspectors and regulating prisons." 26 Act of June 13, 1883 (P.L.112, No.99), entitled "An act to 27 abolish the contract system in the prisons and reformatory 28 institutions of the State of Pennsylvania, and to regulate the 29 wages of the inmates." 30 Act of June 20, 1883 (P.L.125, No.110), entitled "An act to 20050S0506B1883 - 214 -
1 require a brand upon all goods, wares, merchandise or other 2 article or thing made for sale by convict labor in any 3 penitentiary, reformatory prison, school or other establishment 4 in which convict labor is employed." 5 Act of May 9, 1889 (P.L.154, No.170), entitled "An act 6 authorizing and empowering boards of prison inspectors, in 7 counties where such boards exist, to fix the salaries of deputy 8 wardens, keepers and other persons employed in and about the 9 jails of such counties." 10 Act of June 26, 1895 (P.L.377, No.269), entitled "An act 11 authorizing the erection of work-houses in the several counties 12 of this Commonwealth." 13 Act of May 11, 1897 (P.L.49, No.41), entitled "An act 14 relating to appointment of Prison Commissioners in counties of 15 the Commonwealth having over one hundred and fifty thousand 16 population." 17 Act of June 22, 1897 (P.L.182, No.150), entitled "A 18 supplement to an act, entitled 'An act for the punishment of 19 cruelty to animals in this Commonwealth,' approved the twenty- 20 ninth day of March, one thousand eight hundred and sixty-nine, 21 requiring the keepers or persons in charge of all jails, lock- 22 ups and station-houses within the Commonwealth to receive all 23 persons arrested for any violation of the provisions of said 24 act." 25 Act of April 28, 1899 (P.L.89, No.75), entitled "An act 26 authorizing the employment of male prisoners of the jails and 27 workhouses of this Commonwealth, and regulating the same, and 28 providing a penalty for an escape of prisoners while employed 29 outside of said jails or workhouses." 30 Act of March 20, 1903 (P.L.45, No.48), entitled "An act to 20050S0506B1883 - 215 -
1 make active or visiting committees, of societies incorporated 2 for the purpose of visiting and instructing prisoners, official 3 visitors of penal and reformatory institutions." 4 Act of May 25, 1907 (P.L.247, No.191), entitled "An act 5 authorizing the employment of male prisoners of the jails, and 6 workhouses of this Commonwealth upon the public highways of the 7 several counties, and regulating the same; and providing for the 8 establishment of Prison Boards, the purchase of material and 9 tools, and employment of deputies, at the expense of the proper 10 county, and a penalty for the escape of prisoners while employed 11 outside of said jails, workhouses." 12 Act of April 23, 1909 (P.L.141, No.92), entitled "An act 13 providing for the use of borough and township lockups and city 14 or county prisons, for the detention of prisoners arrested by 15 sheriffs, constables, members of the State constabulary, or 16 other persons authorized by the laws of the Commonwealth to make 17 arrests, and entitling boroughs, townships, and cities to 18 receive remuneration for the same." 19 Act of May 14, 1909 (P.L.838, No.656), entitled "An act to 20 define the rights and functions of official visitors of jails, 21 penitentiaries, and other penal or reformatory institutions, and 22 providing for their removal." 23 Act of May 11, 1911 (P.L.274, No.176), entitled "An act to 24 prohibit the bringing into prisons of all weapons or other 25 implements which may be used to injure any convict or person, or 26 in assisting any convict to escape punishment, or the selling or 27 furnishing of same to convicts; to prohibit the bringing into 28 prisons of all spirituous or fermented liquors, drugs, 29 medicines, poisons, opium, morphine, or any other kind or 30 character of narcotics; or the giving, selling or furnishing of 20050S0506B1883 - 216 -
1 spirituous or fermented liquor, drugs, medicine, poison, opium, 2 morphine, or any other kind or character of narcotics; or 3 bringing into or taking out letters, notes, money, or contraband 4 goods of any kind, whatsoever; and providing a penalty for the 5 violation thereof." 6 Act of June 7, 1911 (P.L.677, No.268), entitled "An act 7 providing for the payment of the costs of proceedings and the 8 expenses of maintaining prisoners committed to county prisons, 9 either for non-payment of fines or penalties imposed for, or 10 while awaiting a hearing upon, any charge for the violation of 11 any city or borough ordinance, or any ordinance of townships of 12 the first class, by the city, borough, or township of the first 13 class whose ordinances are alleged to have been violated, or to 14 which any such fines or penalties are payable." 15 Act of June 19, 1911 (P.L.1059, No.813), referred to as the 16 County Jail and Workhouse Parole Law. 17 Act of May 28, 1913 (P.L.363, No.247), entitled "An act 18 regulating the discharge of prisoners on parole, from the penal 19 institutions of the Commonwealth." 20 Act of June 19, 1913 (P.L.532, No.340), entitled "A 21 supplement to an act approved the nineteenth day of June, one 22 thousand nine hundred eleven, entitled 'An act authorizing the 23 release on probation of certain convicts, instead of imposing 24 sentences; the appointment of probation and parole officers, and 25 the payment of their salaries and expenses; regulating the 26 manner of sentencing convicts in certain cases, and providing 27 for their release on parole; their conviction of crime during 28 parole, and their re-arrest and reconviction for breach of 29 parole; and extending the powers and duties of boards of prison 30 inspectors of penitentiaries.'" 20050S0506B1883 - 217 -
1 Act of July 22, 1913 (P.L.912, No.437), entitled "An act 2 providing for the payment of the costs incurred in the trial of 3 convicts and prisoners escaping, or attempting to escape, from 4 the several penitentiaries and reformatories of the Commonwealth 5 of Pennsylvania, by the respective counties from whose courts 6 the said escaping convicts or prisoners have been committed; and 7 providing for the maintenance of such convicts under sentence 8 for escape, et cetera." 9 Section 9 of the act of July 25, 1913 (P.L.1311, No.816), 10 entitled "An act providing for the establishment of a State 11 Industrial Home for Women; authorizing the purchase of a site, 12 and the erection thereon and equipment of necessary buildings; 13 providing for the commitment to said State Industrial Home for 14 Women of females between the ages of sixteen and thirty years, 15 convicted of, or pleading guilty to, the commission of any 16 criminal offense; and providing for the government and 17 management of said institution; and making an appropriation to 18 carry out the purposes of this act." 19 Act of May 24, 1917 (P.L.283, No.150), entitled "An act 20 fixing the residence of the warden of the county jail or prison, 21 in counties of this Commonwealth where the government of such 22 jail or prison is or may hereafter be vested in a prison board." 23 Act of July 17, 1917 (P.L.1036, No.337), entitled "A Joint 24 Resolution authorizing the authorities having control and 25 supervision of county jails and prisons to permit the employment 26 of inmates thereof on county or almshouse farms; exempting 27 wardens and keepers from liability in certain cases for 28 escapes." 29 Act of July 19, 1917 (P.L.1117, No.378), entitled "An act 30 providing for the establishment, in cities of the first class, 20050S0506B1883 - 218 -
1 of a house or houses of detention for witnesses and untried 2 prisoners; for the commitment of such prisoners and witnesses 3 thereto; and for the payment of the cost of establishing and 4 maintaining the same by the county wherein said cities are 5 situated." 6 Act of May 31, 1919 (P.L.356, No.170), entitled, as amended, 7 "An act authorizing courts of record to remove convicts and 8 persons confined in jails, workhouses, reformatories, reform or 9 industrial schools, penitentiaries, prisons, houses of 10 correction or any other penal institutions, who are seriously 11 ill, to other institutions; and providing penalties for breach 12 of prison." 13 Act of May 10, 1921 (P.L.433, No.209), entitled "An act 14 providing for the sentencing of certain criminals to 15 reformatories or houses of correction in counties of the first 16 class." 17 Act of May 16, 1921 (P.L.579, No.262), referred to as the 18 County Prison Board Law. 19 Act of May 19, 1923 (P.L.271, No.172), entitled "An act 20 providing a system of employment and compensation for the 21 inmates of county jails and prisons." 22 Act of June 14, 1923 (P.L.775, No.306), entitled "An act to 23 provide for the physical welfare of all persons confined 24 (whether such persons be tried or untried prisoners) in any 25 penitentiary or county prison in this Commonwealth." 26 Act of July 11, 1923 (P.L.1044, No.425), referred to as the 27 Prisoner Transfer Law. 28 Act of April 27, 1927 (P.L.414, No.270), entitled, as 29 amended, "An act providing for a system of recording the 30 identification of persons convicted of crime, and of fugitives 20050S0506B1883 - 219 -
1 from justice, and habitual criminals; conferring powers and 2 imposing duties upon the Pennsylvania State Police, district 3 attorneys, police officers, wardens or keepers of jails, 4 prisons, workhouses, or other penal institutions, and sheriffs; 5 providing for the payment of certain expenses by the counties; 6 and imposing penalties." 7 Sections 903-B and 904-B of the act of April 9, 1929 8 (P.L.177, No.175), known as The Administrative Code of 1929. 9 Act of May 1, 1929 (P.L.1182, No.414), entitled "An act 10 providing the procedure and the powers of the State Board of 11 Pardons and boards of trustees of penitentiaries where prisoners 12 released on parole violate the terms of such parole; and fixing 13 the penalty for such violation." 14 Act of May 1, 1929 (P.L.1184, No.416), entitled "An act 15 conferring and imposing certain powers and duties upon the State 16 Board of Pardons with respect to inmates of State penal and 17 correctional institutions released on parole." 18 Act of May 20, 1931 (P.L.138, No.99), entitled "An act 19 permitting the sale of prison made goods, in counties of the 20 first class, to such counties and to cities and school districts 21 and to political subdivisions of such counties and to certain 22 institutions therein; permitting contracts for such sales and 23 purchases, without advertising or competitive bidding; 24 permitting payment of compensation to inmates; and repealing 25 inconsistent laws." 26 Act of June 12, 1931 (P.L.512, No.166), referred to as the 27 Industrial Farms and Workhouses Law. 28 Act of June 22, 1931 (P.L.864, No.280), entitled "An act 29 making a convict whose minimum sentence exceeds one-half of the 30 maximum sentence eligible to apply for release on parole when 20050S0506B1883 - 220 -
1 said convict has served or will have served one-half his maximum 2 sentence." 3 Act of June 21, 1939 (P.L.660, No.307), entitled, as amended, 4 "An act providing for the return of escaped prisoners and 5 convicts after apprehension, to the penitentiary or state 6 institution from which they escape, by the agents of the 7 Department of Justice or the Pennsylvania State Police, and 8 requiring the penitentiary or state institution to defray the 9 expenses thereof." 10 Act of August 6, 1941 (P.L.861, No.323), referred to as the 11 Pennsylvania Board of Probation and Parole Law. 12 Act of May 17, 1945 (P.L.628, No.268), entitled "An act 13 requiring boards of prison inspectors in counties of the fourth 14 class to pay the premiums on all bonds required of employes 15 appointed by the board." 16 Act of May 11, 1949 (P.L.1191, No.359), entitled "An act for 17 the government, management and control of county jails and 18 prisons in counties of sixth, seventh and eighth classes." 19 Article XXX-A of the act of July 28, 1953 (P.L.723, No.230), 20 known as the Second Class County Code. 21 Act of December 13, 1955 (P.L.829, No.240), entitled "An act 22 authorizing the commitment to the Department of Public Welfare 23 in any city of the first class persons convicted of crimes and 24 sentences by courts situate within such city to a city or county 25 penal institution, where such Department has established a 26 correctional, diagnostic and classification service, and 27 authorizing the transfer of prisoners between such institutions 28 by the Department." 29 Act of December 13, 1955 (P.L.841, No.246), entitled "An act 30 authorizing cooperative return of parole and probation violators 20050S0506B1883 - 221 -
1 and the making of contracts or deputization of persons pursuant 2 thereto." 3 Act of August 6, 1963 (P.L.521, No.277), entitled "An act 4 providing that probation officers shall have the power of peace 5 officers in the performance of their duties." 6 Act of August 13, 1963 (P.L.774, No.390), entitled "An act 7 authorizing courts to permit certain prisoners to leave jail 8 during reasonable and necessary hours for occupational, 9 scholastic or medical purposes; conferring powers and imposing 10 duties upon courts, county commissioners and sheriffs and other 11 persons in charge of a jail or workhouse." 12 Act of December 22, 1965 (P.L.1189, No.472), entitled "An act 13 establishing a correctional facility for criminological 14 diagnosis, classification, social and psychological treatment 15 and research, medical treatment and staff training." 16 Act of December 27, 1965 (P.L.1237, No.502), entitled "An act 17 establishing regional correctional facilities administered by 18 the Bureau of Correction as part of the State correctional 19 system; establishing standards for county jails, and providing 20 for inspection and classification of county jails and for 21 commitment to State correctional facilities and county jails." 22 Act of July 16, 1968 (P.L.351, No.173), referred to as the 23 Prisoner Pre-release Plan Law. 24 Act of December 22, 1969 (P.L.394, No.175), entitled "An act 25 providing for the establishment, operation and maintenance of 26 detention facilities for certain persons by adjoining counties 27 on approval by the Bureau of Correction." 28 Act of October 16, 1972 (P.L.913, No.218), entitled "An act 29 establishing regional community treatment centers for women 30 administered by the Bureau of Correction of the Department of 20050S0506B1883 - 222 -
1 Justice as part of the State Correctional System, providing for 2 the commitment of females to such centers and their temporary 3 release therefrom for certain purposes, restricting confinement 4 of females in county jails and conferring powers and duties upon 5 the Department of Justice and the Bureau of Correction." 6 Act of December 30, 1974 (P.L.1075, No.348), known as the 7 Interstate Corrections Compact. 8 Act of March 21, 1986 (P.L.64, No.19), known as the Private 9 Prison Moratorium and Study Act. 10 Chapters 3, 5, 9 and 11 of the act of July 1, 1990 (P.L.315, 11 No.71), known as the Prison Facilities Improvement Act. 12 Act of December 7, 1990 (P.L.615, No.156), known as the 13 Official Visitation of Prisons Act. 14 Act of December 19, 1990 (P.L.1391, No.215), known as the 15 Motivational Boot Camp Act. 16 Act of December 27, 1994 (P.L.1354, No.158), known as the 17 County Probation and Parole Officers' Firearm Education and 18 Training Law. 19 Act of May 16, 1996 (P.L.220, No.40), known as the Prison 20 Medical Services Act. 21 Act of June 18, 1998 (P.L.622, No.80), entitled "An act 22 providing for a procedure and method of execution; and making 23 repeals." 24 Act of December 3, 1998 (P.L.932, No.120), entitled "An act 25 requiring all prison inmates to wear identifiable prison 26 uniforms while incarcerated." 27 Act of June 19, 2002 (P.L.377, No.56), known as the 28 Interstate Compact for the Supervision of Adult Offenders Act. 29 (c) The following acts are also repealed: 30 Act of June 25, 1937 (P.L.2086, No.415), entitled "An act 20050S0506B1883 - 223 -
1 providing for the making of compacts by the Commonwealth with 2 other states for mutual helpfulness in relation to persons on 3 probation or parole; and imposing certain powers and duties on 4 the Governor and the Board of Pardons." 5 Act of July 20, 1968 (P.L.441, No.207), entitled "An act 6 providing for the incarceration of probationers or parolees in 7 certain other states under certain circumstances." 8 (d) The act of December 8, 1959 (P.L.1718, No.632), 9 entitled, as amended, "An act providing for the payment of the 10 salary, medical and hospital expenses of employes of State penal 11 and correctional institutions, State mental hospitals, Youth 12 Development Centers, County Boards of Assistance, and under 13 certain conditions other employes of the Department of Public 14 Welfare, who are injured in the performance of their duties; and 15 providing benefit to their widows and dependents in certain 16 cases," is repealed insofar as it relates to employees of State 17 correctional institutions as that term is defined in 61 Pa.C.S. 18 § 102 (relating to definitions). 19 Section 8. A reference in any act or part of an act to: 20 (1) A parole agent of a county shall be deemed a 21 reference to a probation officer. 22 (2) A parole officer of the State shall be deemed a 23 reference to a parole agent. 24 (3) The County Probation and Parole Officers' Firearm 25 Education and Training Program shall be deemed a reference to 26 the County Probation Officers' Firearm Education and Training 27 Program. 28 (4) The County Probation and Parole Officers' Firearm 29 Education and Training Fund shall be deemed a reference to 30 the County Probation Officers' Firearm Education and Training 20050S0506B1883 - 224 -
1 Fund. 2 Section 9. The County Probation Officers' Firearm Education 3 and Training Commission is a continuation of the County 4 Probation and Parole Officers' Firearm Education and Training 5 Commission. 6 Section 10. The County Probation Officers' Firearm Education 7 and Training Fund is a continuation of the County Probation and 8 Parole Officers' Firearm Education and Training Fund. 9 Section 11. This act shall take effect as follows: 10 (1) Section 7(c) of this act shall take effect on the 11 date that the Interstate Compact for the Supervision of Adult 12 Offenders becomes effective and operative between this State 13 and any other state or states in accordance with 61 Pa.C.S. § 14 7113. 15 (2) The remainder of this act shall take effect 16 immediately. B1L61DMS/20050S0506B1883 - 225 -