HOUSE AMENDED
PRIOR PRINTER'S NOS. 539, 1487, 1798, PRINTER'S NO. 2110
1883
No. 506 Session of 2005
INTRODUCED BY GREENLEAF, COSTA, O'PAKE, STOUT, THOMPSON,
PILEGGI, TOMLINSON, KITCHEN AND M. WHITE, MARCH 29, 2005
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 3, 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; <--
5 FURTHER PROVIDING FOR SENTENCING PROCEEDING AND PLACE OF
6 CONFINEMENT; PROVIDING FOR PAROLE WITHOUT BOARD SUPERVISION,
7 FOR JUDICIAL POWER TO RELEASE INMATES AND for transfers of
8 inmates needing medical care and; FURTHER PROVIDING for State <--
9 intermediate punishment; PROVIDING FOR OTHER CRIMINAL <--
10 PROVISIONS; amending the heading of Title 61; adding
11 definitions, provisions relating to general administration of
12 correctional institutions, State correctional institutions,
13 county correctional institutions, the Philadelphia County
14 Prison, house of detention for untried inmates and witnesses,
15 inmate labor, medical services, visitation, motivational boot
16 camp, execution procedure and method, miscellaneous matters
17 relating thereto, probation and parole generally, the
18 Pennsylvania Board of Probation and Parole, County Probation
19 and Parole Agents' OFFICERS' Firearm Education and Training, <--
20 and correctional institution interstate compacts; and making
21 repeals relating to codification.
22 TABLE OF CONTENTS
23 TITLE 42
24 JUDICIARY AND JUDICIAL PROCEDURE
25 PART VIII. CRIMINAL PROCEEDINGS
1 Chapter 97. Sentencing
2 Subchapter E. Imposition of Sentence
3 § 9755.1. Temporary release from county correctional
4 institution.
5 Subchapter F. Further Judicial Action
6 § 9775. Parole without board supervision.
7 § 9776. Judicial power to release inmates.
8 § 9777. Transfer of inmates in need of medical treatment.
9 Chapter 99. State Intermediate Punishment
10 (Deleted by amendment)
11 Chapter 99. Other Criminal Provisions
12 Subchapter A. County Probation Officers
13 § 9911. Definitions.
14 § 9912. Supervisory relationship to offenders.
15 § 9913. Peace officer power for probation officers.
16 TITLE 61
17 PRISONS AND PAROLE
18 PART I. GENERAL PROVISIONS
19 Chapter 1. Preliminary Provisions
20 § 101. Short title of title.
21 § 102. Definitions.
22 PART II. CORRECTIONAL INSTITUTIONS
23 Chapter 11. General Administration
24 Subchapter A. Penal Operations and Procedures
25 § 1101. Benefits to injured employees of State correctional
26 institutions.
27 § 1102. Correctional facility for criminological diagnosis.
28 § 1103. Recording system for identification of criminal
29 offenders.
30 Subchapter B. Inmate Transfers
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1 § 1151. General transfer authorization.
2 § 1152. Transfers to department.
3 § 1153. Expense of removing certain inmates.
4 § 1154. Law enforcement use of county correctional
5 institutions.
6 Subchapter C. Escaped Inmates
7 § 1161. Return of escaped inmates.
8 § 1162. Escaped inmate costs.
9 § 1163. Maintenance of escaping inmates under new sentence.
10 § 1164. Criminal offense during confinement.
11 Chapter 13. (Reserved)
12 Chapter 15. (Reserved)
13 Chapter 17. County Correctional Institutions
14 Subchapter A. Counties and Cities of the First Class
15 § 1701. Appropriations for improvements, railroad connection
16 and commitments.
17 § 1702. Arrest of disorderly minors.
18 § 1703. Commitment of disorderly minors and appeal.
19 § 1704. Employment of inmates.
20 § 1705. Offenses.
21 § 1706. Supplies and reports.
22 § 1707. Deficiency in maintenance.
23 § 1708. Habeas corpus.
24 § 1709. Extension of powers.
25 § 1710. Annual statement.
26 § 1710.1. Name of jail and appointment of inspectors.
27 § 1710.2. Duties of physician.
28 § 1710.3. Visitors to have permission in writing.
29 § 1710.4. Treatment of inmates on discharge.
30 § 1710.5. County of the first class to supply deficiency in
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1 furnishing and maintaining prison.
2 § 1710.6. Inmates sentenced for less than two years to county
3 prison.
4 § 1710.7. Coroner of first class county not to hold inquests on
5 convicts, except in certain cases.
6 § 1710.8. Inspectors to discharge inmates.
7 § 1710.9. Treatment of inmates convicted of capital offenses.
8 § 1710.10. Cities of the first class.
9 Subchapter B. County Jail Oversight Board in Counties of the
10 Second Class and Second Class A
11 § 1721. Scope of subchapter.
12 § 1722. Definitions.
13 § 1723. County jail oversight board.
14 § 1724. Powers and duties.
15 § 1725. Rules and regulations.
16 § 1726. Warden.
17 § 1727. Board meetings.
18 § 1728. Contracts and purchases.
19 Subchapter C. Other Counties
20 § 1731. Establishment.
21 § 1732. Board meetings.
22 § 1733. Appointment of warden and employees.
23 § 1734. Powers of peace officers.
24 § 1735. Expenditures.
25 § 1736. Bonding requirement.
26 Subchapter D. Alternative Plan for Certain Counties
27 § 1741. Sixth, seventh and eighth class counties.
28 § 1742. Appointment of prison commissioners.
29 Subchapter E. Penal Operations and Procedures
30 § 1751. Costs of confinement.
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1 § 1752. Board of inspectors to regulate salaries of wardens
2 and other staff.
3 § 1753. Residence of warden.
4 § 1754. Bonds for county prison staff in fourth class
5 counties.
6 § 1755. Property exempt from taxation.
7 § 1756. Loss of privileges.
8 § 1757. Collection from certain inmates.
9 Subchapter F. Joint Detention Centers
10 § 1761. Establishment by adjoining counties.
11 § 1762. Selection of site.
12 § 1763. Buildings.
13 § 1764. Construction contracts.
14 § 1765. Advisory board.
15 § 1766. Meetings.
16 § 1767. Superintendent CHIEF ADMINISTRATOR and employees. <--
17 § 1768. Rules and regulations.
18 § 1769. Initial transfer of inmates.
19 § 1770. Employment of inmates.
20 § 1771. Cost of transporting inmates.
21 § 1772. Financial reporting.
22 § 1773. Allocation of expenses to counties.
23 § 1774. County appropriations.
24 § 1775. Exemption from taxation.
25 Subchapter G. Joint Industrial Farms and Workhouses
26 § 1781. Establishment by counties.
27 § 1782. Selection of site.
28 § 1783. Buildings.
29 § 1784. Construction contracts.
30 § 1785. Advisory board.
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1 § 1786. Meetings.
2 § 1787. Superintendent CHIEF ADMINISTRATOR and employees. <--
3 § 1788. Rules and regulations.
4 § 1789. Initial transfer of inmates.
5 § 1790. Employment of inmates.
6 § 1791. Cost of transporting inmates.
7 § 1792. Nature of inmate employment.
8 § 1793. Sale of goods and materials.
9 § 1794. Financial reporting.
10 § 1795. Allocation of expenses to counties.
11 § 1796. Borrowing authorized.
12 § 1797. Exemption from taxation.
13 § 1798. Nonapplicability.
14 PART III. INMATE CONFINEMENT
15 Chapter 31. Inmate Labor
16 § 3101. Inmates to be employed.
17 § 3102. Disposition of proceeds of labor.
18 § 3103. Agricultural labor at county correctional
19 institutions.
20 § 3104. Inmate labor in county correctional institutions.
21 § 3105. Inmate labor in counties of the first class.
22 § 3106. Inmate-made goods to be branded.
23 § 3107. Sale of inmate-made goods.
24 Chapter 33. Medical Services
25 § 3301. Short title of chapter.
26 § 3302. Definitions.
27 § 3303. Medical Services Program.
28 § 3304. Powers and duties of department.
29 § 3305. Costs outstanding upon release.
30 § 3306. Report to General Assembly.
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1 § 3307. Applicability.
2 Chapter 35. Visitation
3 Subchapter A. General Provisions
4 § 3501. Gubernatorial visitor for philanthropic purposes.
5 § 3502. Official visitors.
6 § 3503. Rights of official visitors.
7 Subchapter B. Official Visitation
8 § 3511. Short title of subchapter.
9 § 3512. Definitions.
10 § 3513. Visitation.
11 § 3514. Employees of official visitor.
12 Chapter 37. Inmate Prerelease Plans
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 Chapter 39. Motivational Boot Camp
18 § 3901. Scope of chapter.
19 § 3902. Declaration of policy.
20 § 3903. Definitions.
21 § 3904. Selection of inmate participants.
22 § 3905. Motivational boot camp program.
23 § 3906. Procedure for selection of participant in motivational
24 boot camp program.
25 § 3907. Completion of motivational boot camp program.
26 § 3908. Appeals.
27 Chapter 41. State Intermediate Punishment
28 § 4101. Scope of chapter.
29 § 4102. Findings and purpose.
30 § 4103. Definitions.
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1 § 4104. Referral to State intermediate punishment program.
2 § 4105. Drug offender treatment program.
3 § 4106. Written guidelines and regulations.
4 § 4107. Reports.
5 § 4108. Construction.
6 § 4109. Evaluation.
7 Chapter 43. Execution Procedure and Method
8 § 4301. Definitions.
9 § 4302. Issuance of warrant.
10 § 4303. Terms of confinement.
11 § 4304. Method of execution.
12 § 4305. Witnesses to execution.
13 § 4306. Certification of superintendent CHIEF ADMINISTRATOR. <--
14 § 4307. Postmortem examination.
15 § 4308. Costs of execution and examination.
16 Chapter 59. Miscellaneous Provisions
17 § 5901. Physical welfare of inmates.
18 § 5902. Contraband prohibited.
19 § 5903. Inmate uniforms.
20 § 5904. Assessment and collection of costs.
21 PART IV. PROBATION AND PAROLE
22 Chapter 61. Pennsylvania Board of Probation and Parole
23 Subchapter A. Preliminary Provisions
24 § 6101. Definitions.
25 § 6102. Operation of parole system generally.
26 Subchapter B. Administration
27 § 6111. Pennsylvania Board of Probation and Parole.
28 § 6112. Board chairperson.
29 § 6113. Board action.
30 § 6114. Salaries of board members.
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1 § 6115. Incompatible offices and removal.
2 § 6116. Meetings.
3 § 6117. Official seal.
4 § 6118. Offices.
5 § 6119. District directors.
6 § 6120. District office employees.
7 § 6121. Disciplinary action.
8 § 6122. Political activities.
9 § 6123. Advisory committee.
10 Subchapter C. Powers and Duties
11 § 6131. General powers of board.
12 § 6132. Specific powers of board involving parolees.
13 § 6133. Probation services.
14 § 6134. Sentencing court to transmit records to board.
15 § 6135. Investigation of circumstances of offense.
16 § 6136. Right of access to inmates.
17 § 6137. Parole power.
18 § 6138. Violation of terms of parole.
19 § 6139. Parole procedure.
20 § 6140. Victim statements, testimony and participation in
21 hearing.
22 § 6141. General rules and special regulations.
23 Subchapter D. State Parole Agents
24 § 6151. Definitions.
25 § 6152. Status as peace officers.
26 § 6153. Supervisory relationship to offenders.
27 Chapter 63. County Probation Officers' Firearm Education and
28 Training
29 § 6301. Short title of chapter.
30 § 6302. Definitions.
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1 § 6303. County Probation Officers' Firearm Education and
2 Training Commission.
3 § 6304. Commission membership.
4 § 6305. Powers and duties of commission.
5 § 6306. Training mandatory.
6 § 6307. Requirements for program participation or waiver.
7 § 6308. County Probation Officers' Firearm Education and
8 Training Fund.
9 § 6309. Applicability.
10 PART V. MISCELLANEOUS PROVISIONS
11 Chapter 71. Interstate Compacts
12 Subchapter A. Interstate Corrections Compact
13 § 7101. Short title of subchapter.
14 § 7102. Interstate Corrections Compact.
15 § 7103. Powers.
16 Subchapter B. Interstate Compact for the Supervision of
17 Adult Offenders
18 § 7111. Short title of subchapter.
19 § 7112. Authority to execute compact.
20 § 7113. When and how compact becomes operative.
21 § 7114. State council and compact administrator.
22 Subchapter C. Administrative Provisions
23 § 7121. Deputization.
24 § 7122. Supervision of persons paroled by other states.
25 § 7123. Penalty.
26 The General Assembly of the Commonwealth of Pennsylvania
27 hereby enacts as follows:
28 Section 1. Title 42 of the Pennsylvania Consolidate Statutes
29 is amended by adding sections A SECTION to read: <--
30 § 9755.1. Temporary release from county correctional
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1 institution.
2 (a) Conditions permitting release.--
3 (1) When a person has been sentenced to undergo
4 imprisonment in a county correctional institution for a term
5 of less than five years, the court, at the time of sentence
6 or at any time thereafter upon application made therefor, may
7 by order direct the sheriff or chief administrator of the
8 county correctional institution to permit the inmate to leave
9 the jail during necessary and reasonable hours for the
10 purpose of:
11 (i) working at his employment;
12 (ii) conducting his own business or other self-
13 employed occupation, including housekeeping and attending
14 to the needs of family;
15 (iii) seeking employment;
16 (iv) attendance at an educational institution;
17 (v) securing medical treatment; or
18 (vi) such other lawful purposes as the court shall
19 consider necessary and appropriate.
20 (2) The order of court may be rescinded or modified at
21 any time with or without notice to the inmate.
22 (b) Surrender of wages.--When an inmate is employed for
23 wages or salary, the chief administrator of the county
24 correctional institution shall collect the wages or salary or
25 require the inmate to turn over his wages or salary in full when
26 received, and the chief administrator shall deposit the same in
27 a trust checking account and keep a ledger showing the status of
28 the account of each inmate.
29 (c) Liability for board cost.--
30 (1) An inmate gainfully employed shall be liable for the
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1 cost of his board in the county correctional institution as
2 fixed by the county commissioners. If necessarily absent from
3 jail at a meal time, the inmate shall, at his request, be
4 furnished with an adequate nourishing lunch to carry to work.
5 (2) The chief administrator of the county correctional
6 institution shall charge the inmate's account if the inmate
7 has one for such board.
8 (3) If the inmate is gainfully self-employed, the inmate
9 shall pay for such board in default of which his privilege
10 under this section shall be automatically forfeited.
11 (4) If the food in the county correctional institution
12 is furnished directly by the county, the chief administrator
13 of the county correctional institution shall account for and
14 pay over such board payments to the county treasurer.
15 (d) Disbursements from inmate accounts.--By order of the
16 court, the wages or salaries of employed inmates shall be
17 disbursed for the following purposes in the order stated:
18 (1) The board of the inmate.
19 (2) Necessary travel expense to and from work and other
20 incidental expenses of the inmate.
21 (3) Support of the inmate's dependents, if any, the
22 amount to be determined by the court.
23 (4) Payment of docket costs connected with the
24 commitment of the inmate.
25 (5) Payment either in full or ratably of the inmate's
26 obligations acknowledged by him in writing or which have been
27 reduced to judgment.
28 (6) The balance, if any, to the inmate upon discharge.
29 (e) Intercounty custody.--The court may by order authorize
30 the chief administrator of a county correctional institution to
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1 whom an inmate is committed to arrange with the chief
2 administrator of another county correctional institution for the
3 employment of the prisoner in the other's county and while so
4 employed to be in the other's custody but in other respects to
5 be and continue subject to the commitment.
6 SECTION 1.1. SECTION 9762 OF TITLE 42 IS AMENDED TO READ: <--
7 § 9762. SENTENCING PROCEEDING; PLACE OF CONFINEMENT.
8 (A) COMMITMENT.--ALL PERSONS SENTENCED TO TOTAL OR PARTIAL
9 CONFINEMENT FOR:
10 (1) MAXIMUM TERMS OF FIVE OR MORE YEARS SHALL BE
11 COMMITTED TO THE BUREAU OF CORRECTION FOR CONFINEMENT;
12 (2) MAXIMUM TERMS OF [TWO YEARS] ONE YEAR OR MORE BUT
13 LESS THAN FIVE YEARS MAY BE COMMITTED TO THE BUREAU OF
14 CORRECTION FOR CONFINEMENT OR MAY BE COMMITTED TO A COUNTY
15 PRISON WITHIN THE JURISDICTION OF THE COURT[;] IF THE COUNTY
16 COMMISSIONERS OR THE PRISON COMMISSIONER HAS DESIGNATED THE
17 COUNTY PRISON AVAILABLE FOR THE CONFINEMENT OF THE INMATES;
18 AND
19 (3) MAXIMUM TERMS OF LESS THAN [TWO YEARS] ONE YEAR
20 SHALL BE COMMITTED TO A COUNTY PRISON WITHIN THE JURISDICTION
21 OF THE COURT EXCEPT THAT AS FACILITIES BECOME AVAILABLE ON
22 DATES AND IN AREAS DESIGNATED BY THE GOVERNOR IN
23 PROCLAMATIONS DECLARING THE AVAILABILITY OF STATE
24 CORRECTIONAL FACILITIES, SUCH PERSONS MAY BE COMMITTED TO THE
25 BUREAU OF CORRECTION FOR CONFINEMENT.
26 (B) PERIODS OF TIME.--THE PERIODS OF TIME REFERRED TO IN
27 SUBSECTION (A) SHALL MEAN THE ENTIRE CONTINUOUS TERM OF SENTENCE
28 TO WHICH A PERSON IS SUBJECT, NOTWITHSTANDING WHETHER THE LENGTH
29 OF THE SENTENCE IS A RESULT OF ANY OF THE FOLLOWING:
30 (1) ONE OR MORE SENTENCES.
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1 (2) SENTENCES SERVED PURSUANT TO A RESENTENCING FOR A
2 PAROLE VIOLATION.
3 (3) RECOMMITMENT FOR A VIOLATION OF PAROLE.
4 (4) ANY OTHER MANNER OF SENTENCE.
5 SECTION 1.2. TITLE 42 IS AMENDED BY ADDING SECTIONS TO READ:
6 § 9775. Parole without board supervision.
7 A sentencing court shall grant parole from a term of
8 imprisonment for less than a maximum period of two years, and,
9 together with all probations except probation as to which
10 supervision is specially ordered by the court as provided for in
11 section 9721 (relating to sentencing generally), parole shall be
12 without supervision by the board.
13 § 9776. Judicial power to release inmates.
14 (a) General rule.--Except as otherwise provided under this
15 chapter, a court of this Commonwealth or other court of record
16 having jurisdiction may, after due hearing, release on parole an
17 inmate in the county correctional institution of that judicial
18 district.
19 (b) Petition required.--No inmate may be paroled under this
20 section except on petition verified by the oath of the inmate or
21 by the inmate's representative and presented and filed in the
22 court in which the inmate was convicted.
23 (c) Hearing.--On presentation of the petition, the court
24 shall fix a day for the hearing. A copy of the petition shall be
25 served on the district attorney and prosecutor in the case at
26 least ten days before the day fixed for the hearing. Proof of
27 service on the district attorney and the prosecutor shall be
28 produced at the hearing.
29 (d) Order.--After the hearing, the court shall make such
30 order as it may deem just and proper. In case the court paroles
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1 the inmate, it shall place the inmate in the charge of and under
2 the supervision of a designated probation officer.
3 (e) Recommit.--The court may, on cause shown by the
4 probation officer that the inmate has violated his parole,
5 recommit and reparole the inmate in the same manner and by the
6 same procedure as in the case of the original parole if, in the
7 judgment of the court, there is a reasonable probability that
8 the inmate will benefit by being paroled. The court may also
9 recommit for violation of that parole.
10 (f) Limitation.--
11 (1) Subject to the provisions of paragraph (2), the
12 power of a court to parole an inmate under this section shall
13 extend for a period not to exceed the maximum sentence
14 provided by law for the offense of which the inmate was
15 convicted, regardless of the sentence first imposed upon the
16 prisoner.
17 (2) A court may release on parole, on petition to any
18 other court, an inmate committed to a correctional
19 institution by any magisterial district judge and shall have
20 the same power to recommit an inmate paroled under this
21 section.
22 § 9777. Transfer of inmates in need of medical treatment.
23 (a) General rule.--Whenever an inmate is shown to a court of
24 record by due proof that the inmate is seriously ill and that it
25 is necessary to remove the inmate from the correctional
26 institution, the court may:
27 (1) Modify its sentence, impose a suitable sentence or
28 modify the order of confinement for trial, as the case may
29 be.
30 (2) Provide for the confinement or care of the inmate in
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1 some other suitable institution where proper medical
2 treatment may be administered.
3 (b) Recommitment.--When an inmate is removed under
4 subsection (a) and recovers from the serious illness, the court
5 shall recommit the inmate to the correctional facility from
6 which the inmate was removed.
7 (c) Penalty.--An inmate who is removed under an order of
8 court pursuant to subsection (a) and escapes commits an offense
9 under 18 Pa.C.S. § 5121(a) (relating to escape).
10 Section 2. Chapter 99 of Title 42 is amended to read:
11 [CHAPTER 99
12 STATE INTERMEDIATE PUNISHMENT
13 Sec.
14 9901. Scope of chapter.
15 9902. Findings and purpose.
16 9903. Definitions.
17 9904. Referral to State intermediate punishment program.
18 9905. Drug offender treatment program.
19 9906. Written guidelines and regulations.
20 9907. Reports.
21 9908. Construction.
22 9909. Evaluation.
23 § 9901. Scope of chapter.
24 This chapter relates to State intermediate punishment.
25 § 9902. Findings and purpose.
26 The General Assembly finds as follows:
27 (1) Many crimes are committed by persons who, because of
28 their addiction to drugs or alcohol, are unable to maintain
29 gainful employment.
30 (2) These persons often commit crimes as a means of
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1 obtaining the funds necessary to purchase drugs or alcohol.
2 (3) Many persons commit crimes while under the influence
3 of drugs or alcohol even though they are not addicted to such
4 substances in a clinical sense.
5 (4) Punishing persons who commit crimes is an important
6 aspect of recognizing the harm that criminals visit upon
7 their victims.
8 (5) Many people who commit crimes will be able to become
9 law-abiding, contributing members of society if they are able
10 to obtain treatment for their drug or alcohol addiction or
11 abuse.
12 (6) The purpose of this chapter is to create a program
13 that punishes person who commit crimes, but also provides
14 treatment that offers the opportunity for those persons to
15 address their drug or alcohol addiction or abuse and thereby
16 reduce the incidents of recidivism and enhance public safety.
17 § 9903. Definitions.
18 The following words and phrases when used in this chapter
19 shall have the meanings given to them in this section unless the
20 context clearly indicates otherwise:
21 "Commission." The Pennsylvania Commission on Sentencing.
22 "Community-based therapeutic community." A long-term
23 residential addiction treatment program licensed by the
24 Department of Health to provide addiction treatment services
25 using a therapeutic community model and determined by the
26 Department of Corrections to be qualified to provide addiction
27 treatment to eligible offenders.
28 "Community corrections center." A residential program that
29 is supervised and operated by the Department of Corrections for
30 inmates with prerelease status or who are on parole.
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1 "Court." The trial judge exercising sentencing jurisdiction
2 over an eligible offender under this chapter or the president
3 judge if the original trial judge is no longer serving as a
4 judge of the sentencing court.
5 "Defendant." An individual charged with a drug-related
6 offense.
7 "Department." The Department of Corrections of the
8 Commonwealth.
9 "Drug offender treatment program." An individualized
10 treatment program established by the Department of Corrections
11 consisting primarily of drug and alcohol addiction treatment
12 that satisfies the terms and conditions listed in section 9905
13 (relating to drug offender treatment program).
14 "Drug-related offense." A criminal offense for which a
15 defendant is convicted and that the court determines was
16 motivated by the defendant's consumption of or addiction to
17 alcohol or a controlled substance, counterfeit, designer drug,
18 drug, immediate precursor or marihuana, as those terms are
19 defined in the act of April 14, 1972 (P.L.233, No.64), known as
20 The Controlled Substance, Drug, Device and Cosmetic Act.
21 "Eligible offender." Subject to section 9721(a.1) (relating
22 to sentencing generally), a defendant designated by the
23 sentencing court as a person convicted of a drug-related offense
24 who:
25 (1) Has undergone an assessment performed by the
26 Department of Corrections, which assessment has concluded
27 that the defendant is in need of drug and alcohol addiction
28 treatment and would benefit from commitment to a drug
29 offender treatment program and that placement in a drug
30 offender treatment program would be appropriate.
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1 (2) Does not demonstrate a history of present or past
2 violent behavior.
3 (3) Would be placed in the custody of the department if
4 not sentenced to State intermediate punishment.
5 (4) Provides written consent permitting release of
6 information pertaining to the defendant's participation in a
7 drug offender treatment program.
8 The term shall not include a defendant who is subject to a
9 sentence the calculation of which includes an enhancement for
10 the use of a deadly weapon, as defined pursuant to law or the
11 sentencing guidelines promulgated by the Pennsylvania Commission
12 on Sentencing, or a defendant who has been convicted of a
13 personal injury crime as defined in section 103 of the act of
14 November 24, 1998 (P.L.882, No.111), known as the Crime Victims
15 Act, or an attempt or conspiracy to commit such a crime or who
16 has been convicted of violating 18 Pa.C.S. § 4302 (relating to
17 incest), 5901 (relating to open lewdness), 6312 (relating to
18 sexual abuse of children), 6318 (relating to unlawful contact
19 with minor) or 6320 (relating to sexual exploitation of
20 children) or Ch. 76 Subch. C (relating to Internet child
21 pornography).
22 "Expulsion." The permanent removal of a participant from a
23 drug offender treatment program.
24 "Group home." A residential program that is contracted out
25 by the Department of Corrections to a private service provider
26 for inmates with prerelease status or who are on parole.
27 "Individualized drug offender treatment plan." An
28 individualized addiction treatment plan within the framework of
29 the drug offender treatment program.
30 "Institutional therapeutic community." A residential drug
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1 treatment program in a State correctional institution,
2 accredited as a therapeutic community for treatment of drug and
3 alcohol abuse and addiction by the American Correctional
4 Association or other nationally recognized accreditation
5 organization for therapeutic community drug and alcohol
6 addiction treatment.
7 "Outpatient addiction treatment facility." An addiction
8 treatment facility licensed by the Department of Health and
9 designated by the Department of Corrections as qualified to
10 provide addiction treatment to criminal justice offenders.
11 "Participant." An eligible offender actually sentenced to
12 State intermediate punishment pursuant to section 9721(a)(7)
13 (relating to sentencing generally).
14 "Transitional residence." A residence investigated and
15 approved by the Department of Corrections as appropriate for
16 housing a participant in a drug offender treatment program.
17 § 9904. Referral to State intermediate punishment program.
18 (a) Referral for evaluation.--
19 (1) Prior to imposing a sentence, the court may, upon
20 motion of the Commonwealth and agreement of the defendant,
21 commit a defendant to the custody of the department for the
22 purpose of evaluating whether the defendant would benefit
23 from a drug offender treatment program and whether placement
24 in the drug offender treatment program is appropriate.
25 (2) Upon committing a defendant to the department, the
26 court shall forward to the department:
27 (i) A summary of the offense for which the defendant
28 has been convicted.
29 (ii) Information relating to the defendant's history
30 of delinquency or criminality, including the information
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1 maintained by the court pursuant to Chapter 63 (relating
2 to juvenile matters), when available.
3 (iii) Information relating to the defendant's
4 history of drug or alcohol abuse or addiction, when
5 available.
6 (iv) A presentence investigation report, when
7 available.
8 (v) Any other information the court deems relevant
9 to assist the department with its assessment of the
10 defendant.
11 (b) Assessment of addiction.--
12 (1) The department shall conduct an assessment of the
13 addiction and other treatment needs of a defendant and
14 determine whether the defendant would benefit from a drug
15 offender treatment program. The assessment shall be conducted
16 using a nationally recognized assessment instrument or an
17 instrument that has been normed and validated on the
18 department's inmate population by a recognized expert in such
19 matters. The assessment instrument shall be administered by
20 persons skilled in the treatment of drug and alcohol
21 addiction and trained to conduct assessments. The assessments
22 shall be reviewed and approved by a supervisor with at least
23 three years of experience providing drug and alcohol
24 counseling services.
25 (2) The department shall conduct risk and other
26 assessments it deems appropriate and shall provide a report
27 of its assessment to the court, the defendant, the attorney
28 for the Commonwealth and the commission within 60 days of the
29 court's commitment of the defendant to the custody of the
30 department.
20050S0506B2110 - 21 -
1 (c) Proposed drug offender treatment program.--If the
2 department in its discretion believes a defendant would benefit
3 from a drug offender treatment program and placement in the drug
4 offender treatment program is appropriate, the department shall
5 provide the court, the defendant, the attorney for the
6 Commonwealth and the commission with a proposed drug offender
7 treatment program detailing the type of treatment proposed.
8 (d) Prerequisites for commitment.--Upon receipt of a
9 recommendation for placement in a drug offender treatment
10 program from the department and agreement of the attorney for
11 the Commonwealth and the defendant, the court may sentence an
12 eligible offender to a period of 24 months of State intermediate
13 punishment if the court finds that:
14 (1) The eligible offender is likely to benefit from
15 State intermediate punishment.
16 (2) Public safety would be enhanced by the eligible
17 offender's participation in State intermediate punishment.
18 (3) Sentencing the eligible offender to State
19 intermediate punishment would not depreciate the seriousness
20 of the offense.
21 (e) Consecutive probation.--Nothing in this chapter shall
22 prohibit the court from sentencing an eligible offender to a
23 consecutive period of probation. The total duration of the
24 sentence may not exceed the maximum term for which the eligible
25 offender could otherwise be sentenced.
26 (f) Applicability and program limitations.--The court may
27 not modify or alter the terms of the department's proposed
28 individualized drug offender treatment plan without the
29 agreement of the department and the attorney for the
30 Commonwealth.
20050S0506B2110 - 22 -
1 (g) Videoconferencing.--The department shall make
2 videoconferencing facilities available to allow the court to
3 conduct proceedings necessary under this section when the
4 eligible offender has been committed to the custody of the
5 department pursuant to subsection (b).
6 § 9905. Drug offender treatment program.
7 (a) Establishment.--The department shall establish and
8 administer a drug offender treatment program as a State
9 intermediate punishment. The program shall be designed to
10 address the individually assessed drug and alcohol abuse and
11 addiction needs of a participant and shall address other issues
12 essential to the participant's successful reintegration into the
13 community, including, but not limited to, educational and
14 employment issues.
15 (b) Duration and components.--Notwithstanding any credit to
16 which the defendant may be entitled under section 9760 (relating
17 to credit for time served), the duration of the drug offender
18 treatment program shall be 24 months and shall include the
19 following:
20 (1) A period in a State correctional institution of not
21 less than seven months. This period shall include:
22 (i) The time during which the defendants are being
23 evaluated by the department under section 9904(b)
24 (relating to referral to State intermediate punishment
25 program).
26 (ii) Following evaluation under subparagraph (i),
27 not less than four months shall be in an institutional
28 therapeutic community.
29 (2) A period of treatment in a community-based
30 therapeutic community of at least two months.
20050S0506B2110 - 23 -
1 (3) A period of at least six months' treatment through
2 an outpatient addiction treatment facility. During the
3 outpatient addiction treatment period of the drug offender
4 treatment program, the participant may be housed in a
5 community corrections center or group home or placed in an
6 approved transitional residence. The participant must comply
7 with any conditions established by the department regardless
8 of where the participant resides during the outpatient
9 addiction treatment portion of the drug offender treatment
10 program.
11 (4) A period of supervised reintegration into the
12 community for the balance of the drug offender treatment
13 program, during which the participant shall continue to be
14 supervised by the department and comply with any conditions
15 imposed by the department.
16 (c) Program management.--
17 (1) Consistent with the minimum time requirements set
18 forth in subsection (b), the department may transfer, at its
19 discretion, a participant between a State correctional
20 institution, an institutional therapeutic community, a
21 community-based therapeutic community, an outpatient
22 addiction treatment program and an approved transitional
23 residence. The department may also transfer a participant
24 back and forth between less restrictive and more restrictive
25 settings based upon the participant's progress or regression
26 in treatment or for medical, disciplinary or other
27 administrative reasons.
28 (2) This subsection shall be construed to provide the
29 department with the maximum flexibility to administer the
30 drug offender treatment program both as a whole and for
20050S0506B2110 - 24 -
1 individual participants.
2 (d) Right of refusal to admit.--The administrator of a
3 community-based therapeutic community or outpatient addiction
4 treatment facility may refuse to accept a participant whom the
5 administrator deems to be inappropriate for admission and may
6 immediately discharge to the custody of the department any
7 participant who fails to comply with facility rules and
8 treatment expectations or refuses to constructively engage in
9 the treatment process.
10 (e) Notice to court of completion of program.--When the
11 department determines that a participant has successfully
12 completed the drug offender treatment program, it shall notify
13 the sentencing court, the attorney for the Commonwealth and the
14 commission.
15 (f) Expulsion from program.--
16 (1) A participant may be expelled from the drug offender
17 treatment program at any time in accordance with guidelines
18 established by the department, including failure to comply
19 with administrative or disciplinary procedures or
20 requirements set forth by the department.
21 (2) The department shall promptly notify the court, the
22 defendant, the attorney for the Commonwealth and the
23 commission of the expulsion of a participant from the drug
24 offender treatment program and the reason for such expulsion.
25 The participant shall be housed in a State correctional
26 institution or county jail pending action by the court.
27 (3) The court shall schedule a prompt State intermediate
28 punishment revocation hearing pursuant to section 9774
29 (relating to revocation of State intermediate punishment
30 sentence).
20050S0506B2110 - 25 -
1 § 9906. Written guidelines and regulations.
2 The department shall develop written guidelines for
3 participant selection criteria and the establishment of drug
4 offender treatment program selection committees within each
5 diagnostic and classification center of the department and shall
6 address suspensions and expulsions from the drug offender
7 treatment program. The guidelines shall not be subject to the
8 act of June 25, 1982 (P.L.633, No.181), known as the Regulatory
9 Review Act, and shall be effective for a period of two years
10 upon publication in the Pennsylvania Bulletin. The guidelines
11 shall be replaced by regulations promulgated by the department
12 consistent with the Regulatory Review Act within the two-year
13 period during which the guidelines are effective. The
14 regulations shall include a requirement that community-based
15 therapeutic communities utilized in the drug offender treatment
16 program be accredited as a therapeutic community for treatment
17 of drug and alcohol abuse and addiction by the Commission on
18 Accreditation of Rehabilitation Facilities or other nationally
19 recognized accreditation organization for community-based
20 therapeutic communities for drug and alcohol addiction
21 treatment.
22 § 9907. Reports.
23 (a) Final report.--The department shall provide a final
24 report to the court, the defendant, the attorney for the
25 Commonwealth and the commission on a participant's progress in
26 the drug offender treatment program.
27 (b) Evaluation and report to General Assembly.--The
28 department and the commission shall monitor and evaluate the
29 drug offender treatment program to ensure that the programmatic
30 objectives are met. In odd-numbered years, the department shall
20050S0506B2110 - 26 -
1 present a report of its evaluation to the Judiciary Committee of
2 the Senate and the Judiciary Committee of the House of
3 Representatives no later than February 1. In even-numbered
4 years, the commission shall present a report of its evaluation
5 to the Judiciary Committee of the Senate and the Judiciary
6 Committee of the House of Representatives no later than February
7 1. The report shall include:
8 (1) The number of offenders evaluated for the drug
9 offender treatment program.
10 (2) The number of offenders sentenced to the drug
11 offender treatment program.
12 (3) The number of offenders sentenced to a State
13 correctional institution who may have been eligible for the
14 drug offender treatment program.
15 (4) The number of offenders successfully completing the
16 drug offender treatment program.
17 (5) The six-month, one-year, three-year and five-year
18 recidivism rates for offenders who have completed the drug
19 offender treatment program and for a comparison group of
20 offenders who were not placed in the drug offender treatment
21 program.
22 (6) Any changes the department or the commission
23 believes will make the drug offender treatment program more
24 effective.
25 § 9908. Construction.
26 Notwithstanding any other provision of law to the contrary,
27 this chapter shall not be construed to:
28 (1) Confer any legal right upon any individual,
29 including an individual participating in the drug offender
30 treatment program, to:
20050S0506B2110 - 27 -
1 (i) participate in a drug offender treatment
2 program;
3 (ii) continue participation in a drug offender
4 treatment program;
5 (iii) modify the contents of the drug offender
6 treatment program; or
7 (iv) file any cause of action in any court
8 challenging the department's determination that a
9 participant be suspended or expelled from or that a
10 participant has successfully completed or failed to
11 successfully complete treatment to be provided during any
12 portion of a drug offender treatment program.
13 (2) Enlarge or limit the right of a participant to
14 appeal the participant's sentence.
15 § 9909. Evaluation.
16 The department and the commission shall monitor and evaluate
17 the motivational boot camp program under the act of December 19,
18 1990 (P.L.1391, No.215), known as the Motivational Boot Camp
19 Act, to ensure that the programmatic objectives are met. In
20 even-numbered years, the department shall present a report of
21 its evaluation to the Judiciary Committee of the Senate and the
22 Judiciary Committee of the House of Representatives no later
23 than February 1. In odd-numbered years, the commission shall
24 present a report of its evaluation to the Judiciary Committee of
25 the Senate and the Judiciary Committee of the House of
26 Representatives no later than February 1.]
27 Section 3. Title 42 is amended by adding a chapter to read:
28 CHAPTER 99
29 OTHER CRIMINAL PROVISIONS
30 Subchapter
20050S0506B2110 - 28 -
1 A. County Probation Officers
2 SUBCHAPTER A
3 COUNTY PROBATION OFFICERS
4 Sec.
5 9911. Definitions.
6 9912. Supervisory relationship to offenders.
7 9913. Peace officer power for probation officers.
8 § 9911. Definitions.
9 The following words and phrases when used in this subchapter
10 shall have the meanings given in this section unless the context
11 clearly indicates otherwise:
12 "ARD." Accelerated Rehabilitative Disposition.
13 "Conditions of supervision." Any terms or conditions of an
14 offender's supervision whether imposed by the court or an
15 officer, including compliance with all requirements of Federal,
16 State and local law.
17 "Contraband." Any item that an offender is not permitted to
18 possess under the conditions of supervision, including any item
19 whose possession is forbidden by any Federal, State or local
20 law.
21 "Court." The court of common pleas or any judge thereof, the
22 Philadelphia Municipal Court or any judge thereof, the
23 Pittsburgh Magistrates Court or any judge thereof or any
24 magisterial district judge.
25 "Exigent circumstances." The term includes, but is not
26 limited to, suspicion that contraband or other evidence of
27 violations of the conditions of supervision might be destroyed
28 or suspicion that a weapon might be used. Exigent circumstances
29 always exist with respect to a vehicle.
30 "Offender." A person released on county probation,
20050S0506B2110 - 29 -
1 intermediate punishment or county parole. The term shall not
2 include any person serving a period of probation pursuant to
3 Accelerated Rehabilitative Disposition, except as authorized
4 under section 6362(b) (relating to supervisory relationship to <--
5 offenders) (RELATING TO DISPOSITION OF RESIDENT CHILD RECEIVED <--
6 FROM ANOTHER STATE).
7 "Officer." A probation or parole officer appointed or
8 employed by any court or by any county department of probation
9 and parole to supervise persons released on county probation or
10 parole.
11 "Personal search." A warrantless search of an offender's
12 person, including, but not limited to, the offender's clothing
13 and any personal property which is in the possession, within the
14 reach or under the control of the offender.
15 "Property search." A warrantless search of real property,
16 vehicle or personal property which is in the possession or under
17 the control of an offender.
18 "Real property." Any residence or business property of an
19 offender, including all portions of the property to which the
20 offender has access.
21 "Supervisor." An individual acting in a supervisory or
22 administrative capacity.
23 § 9912. Supervisory relationship to offenders.
24 (a) General rule.--Officers are in a supervisory
25 relationship with their offenders. The purpose of this
26 supervision is to assist the offenders in their rehabilitation
27 and reassimilation into the community and to protect the public.
28 (b) Searches and seizures authorized.--
29 (1) Officers and, where they are responsible for the
30 supervision of county offenders, State parole agents may
20050S0506B2110 - 30 -
1 search the person and property of offenders in accordance
2 with the provisions of this section.
3 (2) (i) Officers may search, in accordance with the
4 provisions of this section, the person and property of
5 any offender who accepts ARD as a result of a charge of a
6 violation of 18 Pa.C.S. Ch. 31 (relating to sexual
7 offenses) if the court has determined that the offender
8 shall be subject to personal and property searches as a
9 condition of the offender's participation in the ARD
10 program.
11 (ii) The court shall notify each offender so offered
12 ARD, prior to admission to an ARD program, that the
13 offender shall be subject to searches in accordance with
14 this section.
15 (iii) Nothing in this section shall be construed to
16 permit searches or seizures in violation of the
17 Constitution of the United States or section 8 of Article
18 I of the Constitution of Pennsylvania.
19 (c) Effect of violation.--No violation of this section shall
20 constitute an independent ground for suppression of evidence in
21 any probation and parole or criminal proceeding.
22 (d) Grounds for personal search.--
23 (1) A personal search of an offender may be conducted by
24 an officer:
25 (i) if there is a reasonable suspicion to believe
26 that the offender possesses contraband or other evidence
27 of violations of the conditions of supervision;
28 (ii) when an offender is transported or taken into
29 custody; or
30 (iii) upon an offender entering or leaving the
20050S0506B2110 - 31 -
1 securing enclosure of a correctional institution, jail or
2 detention facility.
3 (2) A property search may be conducted by an officer if
4 there is reasonable suspicion to believe that the real or
5 other property in the possession of or under the control of
6 the offender contains contraband or other evidence of
7 violations of the conditions of supervision.
8 (3) Prior approval of a supervisor shall be obtained for
9 a property search absent exigent circumstances. No prior
10 approval shall be required for a personal search.
11 (4) A written report of every property search conducted
12 without prior approval shall be prepared by the officer who
13 conducted the search and filed in the offender's case record.
14 The exigent circumstances shall be stated in the report.
15 (5) The offender may be detained if he is present during
16 a property search. If the offender is not present during a
17 property search, the officer in charge of the search shall
18 make a reasonable effort to provide the offender with notice
19 of the search, including a list of the items seized, after
20 the search is completed.
21 (6) The existence of reasonable suspicion to search
22 shall be determined in accordance with constitutional search
23 and seizure provisions as applied by judicial decision. In
24 accordance with such case law, the following factors, where
25 applicable, may be taken into account:
26 (i) The observations of officers.
27 (ii) Information provided by others.
28 (iii) The activities of the offender.
29 (iv) Information provided by the offender.
30 (v) The experience of the officers with the
20050S0506B2110 - 32 -
1 offender.
2 (vi) The experience of officers in similar
3 circumstances.
4 (vii) The prior criminal and supervisory history of
5 the offender.
6 (viii) The need to verify compliance with the
7 conditions of supervision.
8 (e) Nonresident offenders.--No officer shall conduct a
9 personal or property search of an offender who is residing in a
10 foreign state except for the limited purposes permitted under
11 the Interstate Compact for the Supervision of Parolees and
12 Probationers. The offender is held accountable to the rules of
13 both the sending state and the receiving state. Any personal or
14 property search of an offender residing in another state shall
15 be conducted by an officer of the receiving state.
16 (f) When authority is effective.--The authority granted to
17 the officers under this section shall be effective upon
18 enactment of this section, without the necessity of any further
19 regulation by the board.
20 § 9913. Peace officer power for probation officers.
21 An officer is declared to be a peace officer and shall have
22 police powers and authority throughout this Commonwealth to
23 arrest with or without warrant, writ, rule or process any person
24 on probation, intermediate punishment or parole under the
25 supervision of the court for failing to report as required by
26 the terms of that person's probation, intermediate punishment or
27 parole or for any other violation of that person's probation,
28 intermediate punishment or parole.
29 Section 4. The heading of Title 61 is amended and the title
30 is amended by adding parts to read:
20050S0506B2110 - 33 -
1 TITLE 61
2 [PENAL AND CORRECTIONAL INSTITUTIONS]
3 PRISONS AND PAROLE
4 PART I
5 GENERAL PROVISIONS
6 Chapter
7 1. Preliminary Provisions
8 CHAPTER 1
9 PRELIMINARY PROVISIONS
10 Sec.
11 101. Short title of title.
12 102. Definitions.
13 § 101. Short title of title.
14 This title shall be known and may be cited as the Prisons and
15 Parole Code.
16 § 102. Definitions.
17 The following words and phrases when used in this title shall
18 have the meanings given to them in this section unless the
19 context clearly indicates otherwise:
20 "Board." The Pennsylvania Board of Probation and Parole.
21 "Chief administrator." The warden, superintendent or other
22 officer in charge of a correctional institution.
23 "Correctional institution." A State correctional institution
24 or a county correctional institution.
25 "Corrections officer." A person employed at a correctional
26 institution to provide any security or custodial service for
27 inmates.
28 "County correctional institution." A correctional facility,
29 prison or jail owned or operated by a county.
30 "Department." The Department of Corrections of the
20050S0506B2110 - 34 -
1 Commonwealth.
2 "Inmate." A person committed to a term of imprisonment or
3 otherwise confined under the custody of the Commonwealth or a
4 county in a correctional institution in accordance with law.
5 "Secretary." The Secretary of Corrections of the
6 Commonwealth.
7 "State correctional institution." A correctional facility,
8 prison or jail owned or operated by the Commonwealth.
9 PART II
10 CORRECTIONAL INSTITUTIONS
11 Chapter
12 11. General Administration
13 13. (Reserved)
14 15. (Reserved)
15 17. County Correctional Institutions
16 CHAPTER 11
17 GENERAL ADMINISTRATION
18 Subchapter
19 A. Penal Operations and Procedures
20 B. Inmate Transfers
21 C. Escaped Inmates
22 SUBCHAPTER A
23 PENAL OPERATIONS AND PROCEDURES
24 Sec.
25 1101. Benefits to injured employees of State correctional
26 institutions.
27 1102. Correctional facility for criminological diagnosis.
28 1103. Recording system for identification of criminal
29 offenders.
30 § 1101. Benefits to injured employees of State correctional
20050S0506B2110 - 35 -
1 institutions.
2 (a) General rule.--An employee of a State correctional
3 institution who is injured during the course of that employment
4 by an act of an inmate or by any person who has been committed
5 to the State correctional institution by any court of the
6 Commonwealth or by any provision of the act of July 9, 1976
7 (P.L.817, No.143), known as the Mental Health Procedures Act,
8 shall be paid by the Commonwealth the employee's full salary
9 until the disability arising from the injury no longer prevents
10 the employee's return as an employee of the department at a
11 salary equal to that earned by the employee at the time of the
12 injury.
13 (b) Medical and hospital expenses.--All medical and hospital
14 expenses incurred in connection with an injury described in
15 subsection (a) shall be paid by the Commonwealth until the
16 disability arising from the injury no longer prevents the
17 employee's return as an employee of the department at a salary
18 equal to that earned by the employee at the time of the injury.
19 (c) Workers' compensation.--During the time salary for an
20 injury described in subsection (a) shall be paid by the
21 Commonwealth, any workers' compensation received or collected
22 for the period shall be turned over to the Commonwealth and paid
23 into the General Fund. If such payment is not made, the amount
24 due the Commonwealth shall be deducted from any salary then or
25 thereafter becoming due and owing to the employee.
26 (d) Survivor benefits.--
27 (1) The surviving spouse and minor dependents of an
28 employee who dies within one year as a result of an injury
29 described in subsection (a) shall be paid benefits equal to
30 50% of the full salary of the deceased employee.
20050S0506B2110 - 36 -
1 (2) (i) When a surviving spouse and minor dependents
2 not in the custody of the surviving spouse are entitled
3 to payments, 50% of the payments shall be paid to the
4 surviving spouse and 50% to the dependents.
5 (ii) In every case the amount payable to minor
6 dependents shall be divided equally among them and be
7 paid to the persons or institutions having custody of
8 them.
9 (3) (i) In the case of a surviving spouse or a
10 surviving spouse with minor dependents in the custody of
11 the surviving spouse, the benefits shall terminate when
12 the surviving spouse remarries.
13 (ii) In the case of minor dependents, except when in
14 the custody of a remarried surviving spouse, the benefits
15 shall terminate when all of the minor dependents become
16 18 years of age.
17 (iii) Neither a surviving spouse nor minor
18 dependents shall receive any benefits under this section
19 while receiving benefits under the Social Security Act
20 (49 Stat. 620, 42 U.S.C. § 301 et seq.).
21 (4) The benefits provided under this subsection shall be
22 reduced by the amount of any workers' compensation benefits
23 received or collected by the surviving spouse or minor
24 dependents because of the same injury.
25 (5) Payments for the benefit of minor dependents shall
26 be made to the person having legal custody of them.
27 (e) Effect of injury on leave of absence.--No absence from
28 duty of any State employee to whom this section applies by
29 reason of any injury described in subsection (a) shall in any
30 manner be deducted from any period of leave allowed the employee
20050S0506B2110 - 37 -
1 by law or by regulation.
2 § 1102. Correctional facility for criminological diagnosis.
3 (a) Establishment.--There is hereby established a
4 correctional facility for criminological diagnosis,
5 classification, social and psychological treatment and research,
6 medical treatment and staff training.
7 (b) Operation and management.--The department shall operate
8 and manage the correctional facility established under this
9 section, including staff training and the treatment, care,
10 maintenance, employment and rehabilitation of the inmates in
11 that facility.
12 § 1103. Recording system for identification of criminal
13 offenders.
14 (a) General rule.--The Pennsylvania State Police shall
15 continue to procure and file for record photographs, pictures,
16 descriptions, fingerprints and such other information pertaining
17 to all persons who have been convicted of a criminal offense
18 within this Commonwealth and also of all well-known and habitual
19 criminal offenders, wherever they may be procured.
20 (b) Cooperation from chief administrators.--Chief
21 administrators of correctional facilities shall furnish to the
22 Pennsylvania State Police, upon request, the fingerprints,
23 photographs and description of any inmate.
24 (c) Fingerprinting and photographing authorized.--
25 (1) The Pennsylvania State Police, chief administrators
26 of correctional facilities and all police officers within the
27 several political subdivisions of this Commonwealth may take
28 or cause to be taken the fingerprints or photographs of any
29 person in custody, charged with the commission of a criminal
30 offense or reasonably believed to be a fugitive from justice
20050S0506B2110 - 38 -
1 or a habitual criminal. This paragraph shall not apply to
2 persons charged with a violation of 75 Pa.C.S. (relating to
3 vehicles) which is punishable upon conviction in a summary
4 proceeding unless the person is reasonably believed to be a
5 fugitive from justice or a habitual criminal.
6 (2) The chiefs of law enforcement bureaus of all cities
7 within this Commonwealth shall furnish daily to the
8 Pennsylvania State Police copies of the fingerprints and, if
9 possible, photographs of any person arrested within their
10 jurisdiction charged with the commission of a criminal
11 offense classified as a felony of any degree, or who is
12 reasonably believed to be a fugitive from justice or a
13 habitual criminal. Such fingerprints shall be taken on forms
14 furnished or approved by the Pennsylvania State Police.
15 (3) The Pennsylvania State Police immediately upon the
16 receipt of records under this subsection shall compare them
17 with those already in their files and, if they find that any
18 person arrested has a previous criminal record or is a
19 fugitive from justice, shall immediately inform the arresting
20 officer or the officer having the inmate in charge of that
21 fact.
22 (d) Cooperation outside this Commonwealth.--The Pennsylvania
23 State Police shall cooperate with agencies of other states and
24 of the United States having similar powers to develop and carry
25 on a complete interstate, national and international system of
26 criminal identification and investigation and also to furnish,
27 upon request, any information in its possession concerning any
28 person charged with a criminal offense to any court, district
29 attorney or police officer of this Commonwealth, another state
30 or the United States.
20050S0506B2110 - 39 -
1 (e) District attorneys may employ experts.--
2 (1) District attorneys may employ experts on
3 fingerprints to assist them in the investigation of pending
4 cases and to testify at the trial thereof. The compensation
5 of any such expert shall be fixed by the district attorney
6 employing the expert, with the approval of the court of
7 common pleas, and shall be paid from the county treasury upon
8 warrant of the county commissioners in the usual manner.
9 (2) The district attorney of any county, the chief
10 administrator of a county correctional institution, any
11 expert employed by the district attorney or any other person
12 designated by the district attorney may, upon the written
13 order of the district attorney, take the fingerprints of any
14 person confined in the county correctional institution for
15 use in the identification of the inmate or for the inmate's
16 trial.
17 (3) (i) The district attorneys of the several counties
18 shall keep and arrange files of the fingerprints, taken
19 under this section, of persons convicted of a criminal
20 offense and shall destroy the fingerprints of all persons
21 acquitted.
22 (ii) The files of fingerprints maintained by the
23 district attorneys shall be open to the inspection of any
24 other district attorney of this Commonwealth, or their
25 representatives, or of the Pennsylvania State Police or
26 any sheriff or law enforcement officer.
27 (f) Penalty.--
28 (1) Neglect or refusal of any person mentioned in this
29 section to make the report required in this section, or to do
30 or perform any other act required to be done or performed in
20050S0506B2110 - 40 -
1 connection with the operation of this section, shall
2 constitute a summary offense.
3 (2) Such neglect or refusal shall also constitute
4 malfeasance in office and subject such person to removal from
5 office.
6 (3) Any person who removes, destroys or mutilates any of
7 the records of the Pennsylvania State Police or of any
8 district attorney shall be guilty of a misdemeanor of the
9 third degree.
10 SUBCHAPTER B
11 INMATE TRANSFERS
12 Sec.
13 1151. General transfer authorization.
14 1152. Transfers to department.
15 1153. Expense of removing certain inmates.
16 1154. Law enforcement use of county correctional institutions.
17 § 1151. General transfer authorization.
18 (a) County to State.--At the request of the chief
19 administrator of a county correctional institution, the
20 secretary or his designee may transfer inmates located in a
21 county correctional institution to the State correctional
22 institution system for such reasons and upon such terms and
23 conditions as the secretary may determine. The secretary or his
24 designee may transfer inmates in the State correctional
25 institution system to the jurisdiction of a county correctional
26 institution system upon such terms and conditions that the
27 secretary or his designee and the chief administrator of the
28 county correctional institution determine to be in the best
29 interests of the Commonwealth.
30 (b) County to county.--An inmate located in a county
20050S0506B2110 - 41 -
1 correctional institution may be transferred to another county
2 correctional institution upon such terms and conditions as the
3 counties may determine.
4 (c) Federal to county or State.--The department and county
5 correctional institutions may contract with the Federal
6 Government for the housing of Federal inmates in correctional
7 facilities.
8 (D) TEMPORARY TRANSFERS.--THE FOLLOWING SHALL APPLY TO <--
9 TEMPORARY TRANSFERS:
10 (1) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II), THE
11 STATE CORRECTIONAL SYSTEM SHALL TRANSFER AN INMATE
12 CONFINED IN THE STATE CORRECTIONAL SYSTEM TEMPORARILY TO
13 A STATE CORRECTIONAL INSTITUTION LOCATED NEAREST TO THE
14 LOCATION OF THE JUDICIAL PROCEEDING.
15 (II) IN COUNTIES OF THE FIRST AND SECOND CLASS THE
16 DEPARTMENT OF CORRECTIONS MAY DESIGNATE REASONABLY
17 ACCESSIBLE ALTERNATIVE FACILITIES THAT ARE LOCATED NO
18 MORE THAN 100 MILES FROM THE LOCATION OF THE JUDICIAL
19 PROCEEDING.
20 (2) THE DEPARTMENT OF CORRECTIONS SHALL NOT BE REQUIRED
21 TO TEMPORARILY TRANSFER ANY INMATE UNDER THIS SUBSECTION
22 UNLESS ALL OF THE FOLLOWING APPLY:
23 (I) A COURT OF THE COMMONWEALTH, INCLUDING A COURT
24 OF COMMON PLEAS, HAS ENTERED AN ORDER DIRECTING THE
25 PRESENCE OF THE INMATE FOR A JUDICIAL PROCEEDING.
26 (II) THE COURT HAS FOUND THAT THE INMATE'S PRESENCE
27 IS REQUIRED FOR THE JUDICIAL PROCEEDING AND THAT THE
28 PENNSYLVANIA CONSTITUTION DOES NOT PERMIT THE INMATE'S
29 TESTIMONY OR PARTICIPATION IN THE PROCEEDINGS TO BE
30 CONDUCTED BY VIDEOCONFERENCING TECHNOLOGY.
20050S0506B2110 - 42 -
1 (3) THE DEPARTMENT OF CORRECTIONS MAY ESTABLISH
2 REASONABLE REGULATIONS FOR THE IMPLEMENTATION OF THIS
3 SUBSECTION IN ACCORDANCE WITH ALL OF THE FOLLOWING:
4 (I) THE DEPARTMENT OF CORRECTIONS MAY REQUIRE NOTICE
5 OF UP TO SEVEN DAYS FOR A TEMPORARY TRANSFER ORDER.
6 (II) THE DEPARTMENT OF CORRECTIONS MAY RETURN AN
7 INMATE TO THE INMATE'S HOME CORRECTIONAL INSTITUTION UPON
8 COMPLETION OF THE JUDICIAL PROCEEDINGS.
9 (III) THE DEPARTMENT OF CORRECTIONS MAY CHOOSE WHICH
10 CORRECTIONAL FACILITY WITHIN 100 MILES OF THE JUDICIAL
11 PROCEEDING LOCATION SHALL SERVE AS THE TEMPORARY TRANSFER
12 FACILITY.
13 (IV) THE DEPARTMENT OF CORRECTIONS MAY REQUIRE THAT
14 THE INMATE BE REMOVED FROM THE STATE CORRECTIONAL
15 FACILITY AND DETAINED IN THE COUNTY PRISON IF THE INMATE
16 HAS BEEN TEMPORARILY TRANSFERRED MORE THAN TWICE IN THE
17 PRECEDING 12 MONTHS OR THE JUDICIAL PROCEEDINGS ARE
18 SCHEDULED FOR MORE THAN ONE WEEK.
19 § 1152. Transfers to department.
20 (a) Cities of the first class.--Every person sentenced by
21 any court to a county correctional institution situate in a city
22 of the first class shall be committed to the custody of the
23 department, where the department has established a correctional,
24 diagnostic and classification service for persons convicted of
25 any crime.
26 (b) Duty of department.--
27 (1) Every person committed to the custody of the
28 department under subsection (a) shall be confined, diagnosed
29 and classified by the department.
30 (2) Upon the completion of the diagnosis and
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1 classification, the person shall be placed in the county
2 correctional institution of the city determined to be most
3 appropriate for the service of sentence.
4 (3) In making the determination under paragraph (2), the
5 department shall consider the problem of rehabilitation,
6 security, adequacy of facilities and such other factors as,
7 in its opinion, will serve to promote the rehabilitation of
8 inmates, consistent with the security and protection of the
9 county.
10 (c) Intradepartmental transfers.--The department may
11 transfer between any correctional institutions under its control
12 or supervision an inmate confined and serving in any of those
13 institutions, whether the sentence is imposed before or after
14 the effective date of this section, if the transfer is, in the
15 opinion of the department, consistent with the standards for
16 original placement set forth in subsection (b).
17 § 1153. Expense of removing certain inmates.
18 The expenses of conveying inmates from the several counties
19 of this Commonwealth to the State correctional institutions in
20 the Eastern Region and Western Region shall be paid by the
21 counties from which the inmates may be sent.
22 § 1154. Law enforcement use of county correctional
23 institutions.
24 (a) General rule.--Sheriffs, constables, members of the
25 Pennsylvania State Police and other persons authorized by the
26 laws of this Commonwealth to make arrests shall have the use,
27 for a period not to exceed 48 hours, of borough and township
28 lockups and county correctional institutions for the detention
29 of persons arrested until they can be disposed of according to
30 law, if found necessary by the officer in charge.
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1 (b) Reimbursement.--
2 (1) Boroughs, cities and townships are entitled to
3 receive compensation of not more than $2 per day of 24 hours,
4 for each prisoner detained under subsection (a), from the
5 treasury of the county having jurisdiction over the person
6 detained.
7 (2) This subsection does not apply to counties of the
8 second class.
9 SUBCHAPTER C
10 ESCAPED INMATES
11 Sec.
12 1161. Return of escaped inmates.
13 1162. Escaped inmate costs.
14 1163. Maintenance of escaping inmates under new sentence.
15 1164. Criminal offense during confinement.
16 § 1161. Return of escaped inmates.
17 (a) General rule.--In all cases where an inmate after an
18 escape from a State correctional institution is apprehended or
19 arrested by any officer having authority to make such arrest,
20 the officer shall notify the State correctional institution from
21 which the escape was made. The State correctional institution
22 shall notify the department or the Pennsylvania State Police,
23 who shall immediately send an officer or officers to return the
24 inmate to the State correctional institution.
25 (b) Expenses.--All necessary expenses incurred by the
26 officer or officers in returning an escaped inmate to the State
27 correctional institution shall be borne by the State
28 correctional institution from which the escape was made, which
29 expenses shall be refunded to the county correctional
30 institution or the Pennsylvania State Police whose officer or
20050S0506B2110 - 45 -
1 agent makes the return.
2 § 1162. Escaped inmate costs.
3 (a) County jurisdiction.--
4 (1) The cost of transporting an escaped inmate under the
5 jurisdiction of the county from the place of capture to any
6 county correctional institution after being sentenced for the
7 escape or for the commission of any crime or offense
8 following such escape and before apprehension, the cost of
9 maintenance while confined in the county correctional
10 institution awaiting trial, as well as the costs of the trial
11 for the violation by an inmate under the jurisdiction of the
12 county under 18 Pa.C.S. § 5121 (relating to escape), or of
13 the trial for crimes and offenses committed after the escape
14 and before apprehension, or of the trial for crimes and
15 offenses committed on the grounds or within the buildings of
16 any county correctional institution, as well as the costs
17 incurred in any proceedings on writs of habeas corpus, coram
18 nobis or other petitions arising out of any escape or crime
19 or the trials therefor or in any appeals of any such
20 proceedings or trials shall in each instance be borne and
21 paid by the respective counties of the Commonwealth from
22 whose courts the inmates were originally committed to any
23 county correctional institution.
24 (2) The county liable for costs under this subsection
25 shall, upon bills rendered by the county paying the costs in
26 the first instance, pay to that county the amount of the
27 costs.
28 (b) State jurisdiction.--The cost of transporting escaped
29 inmates under the jurisdiction of the Commonwealth from the
30 place of capture to any State correctional institution after
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1 being sentenced for the escape, or for the commission of any
2 criminal offense following the escape and before apprehension,
3 as well as the costs of the trial for escape or breaking away of
4 inmates from any State correctional institution or the violation
5 by the inmates under the jurisdiction of the Commonwealth under
6 18 Pa.C.S. § 5121, or of the trial for crimes and offenses
7 committed after such escape and before apprehension, or of the
8 trial for crimes and offenses committed on the grounds or within
9 the buildings of any State correctional institution, as well as
10 the costs incurred in any proceedings on writs of habeas corpus,
11 coram nobis or other petitions arising out of any escape or
12 criminal offense or the trials therefor, or in any appeals of
13 any such proceedings or trials, shall in each instance be borne
14 and paid by the Commonwealth.
15 (c) Definition.--As used in this section, the term "costs"
16 includes, but is not limited to, charges for court stenographer,
17 district attorney, witness fees, magisterial district judge,
18 clerk of court, public defender and court-appointed attorney.
19 § 1163. Maintenance of escaping inmates under new sentence.
20 (a) County jurisdiction.--In case of conviction and sentence
21 of an escaping inmate under the jurisdiction of the county, the
22 costs of maintenance of the inmates under such new sentence
23 shall be borne by the county from which the inmate was
24 originally committed.
25 (b) State jurisdiction.--In case of conviction and sentence
26 of an escaping inmate under the jurisdiction of the
27 Commonwealth, the costs of maintenance of the inmate under such
28 new sentence shall be borne by the Commonwealth.
29 (c) Additional police expenses.--Any additional police
30 expenses incurred by a political subdivision as a result of the
20050S0506B2110 - 47 -
1 escape of an inmate under the jurisdiction of the Commonwealth
2 shall be borne by the Commonwealth.
3 § 1164. Criminal offense during confinement.
4 Where an inmate is in a State correctional institution either
5 because of the inmate's sentence pursuant to the inmate's
6 conviction or plea of guilty to a criminal charge or because of
7 a commitment issued by any court of the Commonwealth having
8 jurisdiction and, while so confined, the inmate commits a
9 criminal offense and is subsequently convicted or enters a plea
10 of guilty, the expenses of keeping the inmate in any State
11 correctional institution pursuant to such subsequent conviction
12 or plea of guilty shall be borne by the Commonwealth.
13 CHAPTER 13
14 (RESERVED)
15 CHAPTER 15
16 (RESERVED)
17 CHAPTER 17
18 COUNTY CORRECTIONAL INSTITUTIONS
19 Subchapter
20 A. Counties and Cities of the First Class
21 B. County Jail Oversight Board in Counties of the Second
22 Class and Second Class A
23 C. Other Counties
24 D. Alternative Plan for Certain Counties
25 E. Penal Operations and Procedures
26 F. Joint Detention Centers
27 G. Joint Industrial Farms and Workhouses
28 SUBCHAPTER A
29 COUNTIES AND CITIES OF THE FIRST CLASS
30 Sec.
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1 1701. Appropriations for improvements, railroad connection
2 and commitments.
3 1702. Arrest of disorderly minors.
4 1703. Commitment of disorderly minors and appeal.
5 1704. Employment of inmates.
6 1705. Punishment for destroying property OFFENSES. <--
7 1706. Supplies and reports.
8 1707. Deficiency in maintenance.
9 1708. Habeas corpus.
10 1709. Extension of powers.
11 1710. Annual statement.
12 1710.1. Name of jail and appointment of inspectors.
13 1710.2. Duties of physician.
14 1710.3. Visitors to have permission in writing.
15 1710.4. Treatment of inmates on discharge.
16 1710.5. County of the first class to supply deficiency in
17 furnishing and maintaining prison.
18 1710.6. Inmates sentenced for less than two years to county
19 prison.
20 1710.7. Coroner of first class county not to hold inquests on
21 convicts, except in certain cases.
22 1710.8. Inspectors to discharge inmates.
23 1710.9. Treatment of inmates convicted of capital offenses.
24 1710.10. Cities of the first class.
25 § 1701. Appropriations for improvements, railroad connection
26 and commitments.
27 Whenever the Board of Trustees of the Philadelphia Prison
28 System shall desire to make any additional permanent improvement
29 or purchase additional ground and shall recommend that the same
30 be done, then the city council of the City of Philadelphia shall
20050S0506B2110 - 49 -
1 make all necessary appropriations asked for by the board for the
2 purposes so recommended. The board of the Philadelphia Prison
3 System shall superintend and direct the erection, completion and
4 furnishing of the buildings during the progress of the work. The
5 board may extend from their property a single track railroad
6 along and over such lands as may intervene between their ground
7 and the Philadelphia and Trenton Railroad Company, and connect
8 therewith, provided the railroad company assents thereto (the
9 distance of the road not to exceed 2,000 yards), and to purchase
10 right-of-way over the land to Philadelphia and Trenton Railroad,
11 and to erect wharves upon their property.
12 § 1702. Arrest of disorderly minors.
13 Upon complaint made on oath to any magisterial district judge
14 against a child who is at least 16 years of age and who resides
15 within a city of the first class by the child's parent or
16 guardian or other person standing to the child in place of a
17 parent as being disorderly, the magisterial district judge shall
18 issue a warrant for the apprehension of the offender and cause
19 the offender to be brought before himself or any other
20 magisterial district judge for examination.
21 § 1703. Commitment of disorderly minors and appeal.
22 If a magisterial district judge is satisfied by competent
23 testimony that a person is a disorderly child within the meaning
24 of this subchapter, he shall make up and sign a record of
25 conviction and shall by warrant commit the person to the
26 Philadelphia Prison System. The powers and duties of the Board
27 of Trustees of the Philadelphia Prison System in relation to the
28 children shall be the same in all things as are prescribed as to
29 other minors received by them. The magisterial district judge,
30 in addition to the record of conviction, shall annex the names
20050S0506B2110 - 50 -
1 and addresses of the different witnesses examined before him and
2 the substance of the testimony given by them, respectively, on
3 which the conviction was founded, provided that any person
4 committed shall have the same right of appeal as is secured by
5 law to persons convicted of criminal offenses, but on such
6 appeal, mere informality in the issuing of any warrant shall not
7 be held to be sufficient cause for granting a discharge.
8 § 1704. Employment of inmates.
9 Every inmate in the custody of the Philadelphia Prison System
10 not disqualified by sickness or casualty shall be employed by
11 the chief administrator in quarrying stone, cultivating the
12 ground, manufacturing such articles as may be needed for the
13 prison, other public institution of the State or city of the
14 first class or for other persons and at such other labor as
15 shall, upon trial, be found to be profitable to the institution
16 and suitable to its proper discipline and the health and
17 capacities of the inmates. The chief administrator may detail
18 such numbers of the inmates as he may regard proper to do the
19 work outside the grounds of the institution for any of the
20 departments or institutions of the city of the first class or
21 for such other persons as may be approved by the board of
22 managers.
23 § 1705. Offenses.
24 (a) Destruction of property.--Any inmate of the Philadelphia
25 Prison System who shall willfully break, destroy or injure any
26 material, machinery, tool, property or thing belonging to the
27 Philadelphia Prison System commits a misdemeanor of the third
28 degree.
29 (b) Escape.--Any inmate of the Philadelphia Prison System
30 who shall escape therefrom shall be charged with the offense of
20050S0506B2110 - 51 -
1 escape set forth in 18 Pa.C.S. § 5121 (relating to escape).
2 § 1706. Supplies and reports.
3 The prison commissioner shall make a monthly requisition on
4 the Board of Trustees of the Philadelphia Prison System for all
5 articles which the chief administrator shall deem necessary for
6 the institution, and such as shall be approved by them shall be
7 purchased. The prison commissioner shall, once in every month,
8 report to the board of trustees the number of inmates committed,
9 discharged, sick, dead or remaining in the institution and the
10 quality and kind of labor performed. The board of trustees shall
11 transmit annually to the city council a condensed statement of
12 the finances of the institution.
13 § 1707. Deficiency in maintenance.
14 For any deficiency in furnishing, keeping and maintaining the
15 Philadelphia Prison System, in conformity with the provisions of
16 this subchapter, the trustees may apply to the city council for
17 such sum or sums as shall be necessary; and the city council
18 shall appropriate the sum or sums deemed necessary.
19 § 1708. Habeas corpus.
20 Any person committed to the Philadelphia Prison System by any
21 other authority than the court of common pleas of the county of
22 the first class may apply for a writ of habeas corpus to any
23 judge of the court. Upon return of the writ, if the judge deems
24 there is sufficient or reasonable ground for granting the writ,
25 the judge shall enter upon a rehearing of the evidence and
26 either discharge the individual or modify or confirm the
27 commitment.
28 § 1709. Extension of powers.
29 The same power and authority that are given by ordinance of
30 councils or acts of the General Assembly to the guardians of the
20050S0506B2110 - 52 -
1 poor, prison inspectors and managers of the House of Refuge of
2 the City of Philadelphia are hereby extended to the Board of
3 Trustees of the Philadelphia Prison System.
4 § 1710. Annual statement.
5 The board of trustees shall, on or before the first day of
6 November of each year, submit to council a statement of the sums
7 necessary for the maintenance of the Philadelphia Prison System
8 for the ensuing term.
9 § 1710.1. Name of jail and appointment of inspectors.
10 (a) General rule.--The Philadelphia County Prison shall be
11 managed by a board of inspectors consisting of 12 citizens
12 residing in the City of Philadelphia or County of Philadelphia
13 who shall serve without any pecuniary compensation as follows:
14 (1) Four members shall be appointed by the Mayor,
15 Recorder and Aldermen of the City of Philadelphia.
16 (2) Four members shall be appointed by the judges of the
17 court of common pleas.
18 (3) Four members shall be appointed by the judges of the
19 District Court of the City of Philadelphia and County of
20 Philadelphia.
21 (b) Terms.--The members shall serve for four years or until
22 their successors shall be appointed. In case of vacancy by
23 death, resignation or otherwise, the member shall be supplied by
24 the court who appointed the individual who has caused the
25 vacancy upon notice of such vacancy from the president of the
26 board of inspectors.
27 § 1710.2. Duties of physician.
28 (a) General rule.--The physician shall:
29 (1) Visit the Philadelphia County Prison daily, visit
30 and prescribe for all who are sick and at least once a month
20050S0506B2110 - 53 -
1 visit every inmate confined in the county correctional
2 institution and report monthly in writing to the inspectors
3 as to the health of the inmates in the county correctional
4 institution.
5 (2) Attend immediately, on notice from the chief
6 administrator, any person that is sick.
7 (3) Examine every person brought into the county
8 correctional institution as an inmate as to the state of the
9 inmate's health.
10 (4) Keep a journal in which a record is maintained of
11 the names of all inmates as they come in and the state of
12 their health and also of all persons confined who may come
13 under the physician's care for medical treatment, together
14 with such remarks as the physician may deem important, which
15 journal shall be open to the inspectors and chief
16 administrator whenever they may require it.
17 (b) Dietary considerations and infirmary cells.--
18 (1) Inmates who are under the care of the physician
19 shall be allowed such diet as the physician shall direct.
20 (2) The inspectors shall appropriate as many cells,
21 together with the infirmary, as they may deem necessary for
22 the special occupation of the sick, and have the cells so
23 fitted up as will best promote the health, convenience and
24 comfort of the inmates.
25 (3) Whenever, in the opinion of the physician, an inmate
26 is so ill as to require removal from the ordinary cells to
27 those appropriated for the sick, the chief administrator
28 shall direct such removal, and the inmate shall be kept there
29 until the physician shall certify that the inmate may be
30 returned to the inmate's former cell without injury to the
20050S0506B2110 - 54 -
1 inmate's health.
2 (4) Should the physician have reason to believe that an
3 inmate is materially affected by the discipline, treatment or
4 diet, the physician shall, if he thinks proper, order an
5 alteration therein, which order shall be entered on the
6 physician's journal, and a copy thereof furnished to the
7 chief administrator who shall carry the order into effect
8 until the next visit of the visiting inspectors, who shall
9 inquire into the case and confirm or annul the order or refer
10 the same to the board of inspectors.
11 § 1710.3. Visitors to have permission in writing.
12 (a) General rule.--No person shall be permitted to visit the
13 Philadelphia County Prison except:
14 (1) An official visitor specified in subsection (b).
15 (2) A person who has permission in writing from one of
16 the inspectors.
17 (3) An attorney who may be permitted to visit the
18 attorney's client confined for trial, as provided for by law.
19 (b) Designation of official visitors.--The official visitors
20 are:
21 (1) The Governor.
22 (2) The members of the General Assembly.
23 (3) The Secretary of the Commonwealth.
24 (4) The Attorney General.
25 (5) The deputies for the city of the first class and
26 county of the first class.
27 (6) The president and associate judges of the district
28 court of the City of Philadelphia and the County of
29 Philadelphia and the court of common pleas.
30 (7) The grand juries of the county of the first class.
20050S0506B2110 - 55 -
1 (8) Commissioners of the county of the first class.
2 (9) The acting committee of the Philadelphia society for
3 alleviating the miseries of public prisons or its successor.
4 (10) The mayor and recorder of the City of Philadelphia.
5 (c) Communication prohibited.--
6 (1) Except for the official visitors identified in
7 subsection (b), no person shall have any communication with
8 the inmates except by authority of the board of prison
9 inspectors, who may issue permits to visit an inmate after
10 sentence in their discretion.
11 (2) No visitor may be permitted to deliver or to receive
12 from any inmate any letter or message whatever or to supply
13 an inmate with any article, except such letters or messages
14 to and from inmates confined for trial as may be first
15 submitted or communicated to the chief administrator or one
16 of the inspectors and approved by them, or either of them,
17 under the penalty of a $100 fine, to be recovered as provided
18 for other fines under applicable law.
19 § 1710.4. Treatment of inmates on discharge.
20 (a) Clothing.--When an inmate shall be discharged by the
21 expiration of the term for which the inmate was sentenced or by
22 pardon, the clothes belonging to the Philadelphia County Prison
23 shall be taken off and the clothing belonging to the inmate
24 restored, together with such property, if any, that was taken
25 from the inmate at the time of reception into the county
26 correctional institution, which has not been otherwise legally
27 disposed of.
28 (b) Furnishing of suitable clothing.--If an inmate shall not
29 possess suitable clothing, the inspectors shall provide the
30 inmate with what may in their judgment be necessary. The
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1 inspectors and chief administrator may furnish the discharged
2 inmate with a sum of money or clothing not exceeding $5.
3 § 1710.5. County of the first class to supply deficiency in
4 furnishing and maintaining prison.
5 For any deficiency in keeping, furnishing and maintaining the
6 Philadelphia County Prison, in conformity with the provisions of
7 this chapter, the inspectors are authorized to apply to the
8 commissioners of the county of the first class for such sum or
9 sums as may be necessary or required. If it shall appear
10 reasonable, and that the accounts of the inspectors are properly
11 kept and adjusted, the commissioners of the county of the first
12 class shall draw an order on the treasurer of the county of the
13 first class for such sum or sums as may be necessary to satisfy
14 such demands.
15 § 1710.6. Inmates sentenced for less than two years to county
16 prison.
17 A person who shall be convicted in any court of common pleas
18 in the city of the first class or county of the first class of
19 any crime or offense, the punishment of which would be
20 imprisonment for a period of time under two years, shall be
21 sentenced by the court to imprisonment in the Philadelphia
22 County Prison, by separate or solitary confinement at hard labor
23 for and during the term of the person's sentence and shall be
24 fed, clothed and treated as provided for in this chapter.
25 § 1710.7. Coroner of first class county not to hold inquests on
26 convicts, except in certain cases.
27 (a) General rule.--The coroner of a county of the first
28 class may not hold an inquest on the body of any inmate who dies
29 during confinement in the county prison unless required by the
30 inspectors thereof, except in cases of murder, suicide,
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1 manslaughter or death caused by casualties.
2 (b) Physician to give certificate of death of inmate.--The
3 attending physician of the county prison in a county of the
4 first class shall certify to the inspectors thereof the name and
5 age of any inmate who dies in the county prison, together with
6 the disease or cause of death of the inmate, so far as the
7 attending physician can ascertain the same. The inspectors shall
8 copy the certificate into a book to be kept by them for that
9 purpose. After copying the certificate, the inspector shall send
10 the certificate to the Board of Health of the county, who shall
11 file the certificate. The inspectors shall inter the body of the
12 inmate.
13 § 1710.8. Inspectors to discharge inmates.
14 The board of prison inspectors of a county of the first class
15 may discharge from the county prison any inmate who may have
16 served the inmate's term of imprisonment, in the same manner and
17 upon the same conditions as provided under this title for other
18 county correctional institutions.
19 § 1710.9. Treatment of inmates convicted of capital offenses.
20 The board of prison inspectors of a county of the first class
21 shall treat prisoners sentenced to execution and who are not
22 executed after an imprisonment of six months, as other inmates
23 who are sentenced to confinement and labor.
24 § 1710.10. Cities of the first class.
25 A city of the first class may establish a prison system for
26 the reception and detention of all persons charged with a
27 criminal offense or held as witnesses in any judicial
28 proceeding.
29 SUBCHAPTER B
30 COUNTY JAIL OVERSIGHT BOARD IN
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1 COUNTIES OF THE SECOND CLASS
2 AND SECOND CLASS A
3 Sec.
4 1721. Scope of subchapter.
5 1722. Definitions.
6 1723. County jail oversight board.
7 1724. Powers and duties.
8 1725. Rules and regulations.
9 1726. Warden.
10 1727. Board meetings.
11 1728. Contracts and purchases.
12 § 1721. Scope of subchapter.
13 This subchapter relates to county jail oversight boards in
14 counties of the second class and counties of the second class A.
15 § 1722. Definitions.
16 The following words and phrases when used in this subchapter
17 shall have the meanings given to them in this section unless the
18 context clearly indicates otherwise:
19 "Board." The county jail oversight board of a county.
20 "County." A county of the second class or a county of the
21 second class A.
22 § 1723. County jail oversight board.
23 (a) Establishment.--There is hereby established in each
24 county a county jail oversight board which shall be named the
25 (Name of County) County Jail Oversight Board. The board shall be
26 a continuation of the county prison board originally established
27 under the former act of December 10, 1980 (P.L.1152, No.208),
28 known as the Second Class County Prison Board Act, and the
29 former Article XXX-A of the act of July 28, 1953 (P.L.723,
30 No.230), known as the Second Class County Code.
20050S0506B2110 - 59 -
1 (b) Composition.--The board shall be composed of:
2 (1) The county chief executive.
3 (2) Two judges of the court of common pleas, one of whom
4 shall be the president judge or his designee who shall be a
5 judge, and one judge appointed by the president judge.
6 (3) The county sheriff.
7 (4) The county controller.
8 (5) The president of county council or his designee.
9 (6) Three citizen members as provided in subsection (c).
10 (c) Qualifications of citizen members.--The citizen members
11 shall not be employees of the county or of the Commonwealth.
12 They shall serve for a term of three years and shall be
13 representative of the broad segments of the county's population
14 and shall include persons whose background and experience
15 indicate that they are qualified to act in the interest of the
16 public. The citizen members shall be appointed by the county
17 chief executive with the consent of county council.
18 § 1724. Powers and duties.
19 (a) General rule.--The board's administrative powers and
20 duties shall include the operation and maintenance of the prison
21 and all alternative housing facilities, the oversight of the
22 health and safekeeping of inmates and the confirmation of the
23 chief executive's selection of a warden.
24 (b) Living conditions.--The board shall insure that the
25 living conditions within the prison and alternative housing
26 facilities are healthful and otherwise adequate.
27 (c) Unannounced inspections.--The board shall, at least
28 twice each year, conduct an unannounced inspection of the
29 prison's physical plant. During such inspections the board shall
30 interview a cross section of inmates, out of the presence of the
20050S0506B2110 - 60 -
1 warden and his agents, to determine the conditions within the
2 prison and alternative housing facilities. After each
3 inspection, the board shall prepare a written report setting
4 forth its findings and determinations which shall be available
5 for public inspection.
6 (d) Operations to be consistent with law.--The board shall
7 ensure that the prison is being operated in accordance with its
8 regulations and the laws and regulations of this Commonwealth
9 and of the United States.
10 (e) Investigations.--The board shall investigate allegations
11 of inadequate prison conditions and improper practices occurring
12 within the prison and may make such other investigations or
13 reviews of prison operation and maintenance. The books, papers
14 and records of the prison, including, but not limited to, the
15 papers and records of the warden and those relating to
16 individual inmates, shall at all times be available for
17 inspection by the board.
18 § 1725. Rules and regulations.
19 The board shall, in the manner provided by law, promulgate
20 such rules, regulations and forms it deems necessary for the
21 proper administration of the board and for the operation of the
22 prison and alternative housing facilities.
23 § 1726. Warden.
24 (a) Appointment.--
25 (1) The chief executive shall appoint a warden subject
26 to confirmation by the board. The warden shall serve at the
27 pleasure of the chief executive, who shall fix an appropriate
28 salary.
29 (2) The warden shall be a resident of the county six
30 months after the date of appointment.
20050S0506B2110 - 61 -
1 (b) Duty to employ staff.--Subject to approval of the
2 manager, the warden shall employ deputies, assistants and other
3 personnel required to adequately operate the prison and
4 alternative housing facilities.
5 (c) Duty to report.--
6 (1) The warden shall submit an annual written report to
7 the board which shall contain information on the population,
8 conditions and practices in the prison and other matters as
9 specified by the board. The annual report shall be available
10 for public inspection.
11 (2) The warden shall report to the county chief
12 executive and to the board.
13 § 1727. Board meetings.
14 The board shall meet at least once each month and shall keep
15 regular minutes of its proceedings which shall be open to public
16 inspection.
17 § 1728. Contracts and purchases.
18 All contracts and purchases required for the maintenance and
19 support of the prisoners, repairs and improvements of the prison
20 and alternative housing facilities and materials and supplies
21 shall be conducted in accordance with the applicable provisions
22 of the county administrative code.
23 SUBCHAPTER C
24 OTHER COUNTIES
25 Sec.
26 1731. Establishment.
27 1732. Board meetings.
28 1733. Appointment of warden and employees.
29 1734. Powers of peace officers.
30 1735. Expenditures.
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1 1736. Bonding requirement.
2 § 1731. Establishment.
3 (a) General rule.--
4 (1) In counties of the third, fourth and fifth class,
5 the persons now holding the following offices and their
6 successors in each county of the third, fourth or fifth class
7 shall compose a board to be known as the board of inspectors
8 of the jail or county prison.
9 (2) The following persons shall be members of the board:
10 (i) The president judge of the court of common pleas
11 or a judge designated by him.
12 (ii) The district attorney.
13 (iii) The sheriff.
14 (iv) The controller.
15 (v) The county commissioners.
16 (3) The board and the officers appointed by it shall
17 provide for the safekeeping, discipline and employment of
18 inmates and the government and management of the correctional
19 institution.
20 (4) The duty of the sheriff relating to the safekeeping
21 of inmates shall cease and determine on their committal to
22 the correctional institution, and the sheriff may not be
23 furnished a residence in the correctional institution.
24 (5) Notwithstanding the provisions of paragraph (2), the
25 president judge may choose at any time to delete the judge
26 position from the board by so notifying the chairperson and
27 secretary of the board in writing. The decision to delete
28 this position shall remain in effect for as long as the
29 president judge making the decision shall remain as president
30 judge and thereafter until rescinded in like fashion by a
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1 successor.
2 (b) Counties that may elect to be subject to subchapter.--
3 Any county of the sixth, seventh or eighth class may elect by
4 resolution of the county commissioners to be governed by the
5 provisions of this subchapter.
6 § 1732. Board meetings.
7 (a) Quorum.--A majority of the members of the board shall
8 constitute a quorum for the transaction of business, and all
9 actions of the board shall be by the approval of a majority of
10 all the members of the board.
11 (b) Frequency and nature of meetings.--
12 (1) The board shall meet monthly, or more often if
13 required, and keep regular minutes of their proceedings in a
14 book to be filed with the financial records of the county.
15 The board shall make such rules and regulations for the
16 government and management of the county correctional
17 institution and the safekeeping, discipline and employment of
18 the inmates, as may be deemed necessary.
19 (2) The meetings shall be held at the county
20 correctional institution no less often than quarterly.
21 § 1733. Appointment of warden and employees.
22 The board shall appoint a warden of the county correctional
23 institution. The warden, subject to the approval of the board,
24 may appoint such deputy or deputies, assistant or assistants or
25 corrections officers as may be required in the taking care of
26 the county correctional institution. The number and compensation
27 of such deputies, assistants or corrections officers shall be
28 fixed by the salary board.
29 § 1734. Powers of peace officers.
30 A chief administrator, deputy warden or corrections officer
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1 of a county correctional institution may exercise the powers of
2 a peace officer in the performance of that person's duties
3 generally in:
4 (1) Guarding, protecting and delivering inmates.
5 (2) Protecting the property and interests of the county.
6 (3) Capturing and returning inmates that may have
7 escaped.
8 § 1735. Expenditures.
9 All the expenditures required for the support and maintenance
10 of inmates and the repairs and improvement of the county
11 correctional institution shall be paid from the county treasury
12 by warrants drawn, in the mode prescribed by law, on the regular
13 appropriation for the purpose. No warrant shall be certified by
14 the controller for any expense connected with the county
15 correctional institution unless on vouchers approved by a
16 majority of the board and endorsed by the president and
17 secretary of the board, and all contracts involving an
18 expenditure of funds from the county treasury shall be made in
19 accordance with the procedures set forth in Article XVIII of the
20 act of August 9, 1955 (P.L.323, No.130), known as The County
21 Code.
22 § 1736. Bonding requirement.
23 The chief administrator of a county correctional institution,
24 at the time of appointment, shall give bond, with good and
25 sufficient security to be fixed and approved by the board of
26 inspectors, for the faithful performance of the chief
27 administrator's duty and may at any time be removed by the board
28 for misconduct or inefficiency. All deputies, assistants or
29 corrections officers shall also give bond if required by the
30 board and may at any time be suspended by the chief
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1 administrator or removed by the board.
2 SUBCHAPTER D
3 ALTERNATIVE PLAN FOR CERTAIN COUNTIES
4 Sec.
5 1741. Sixth, seventh and eighth class counties.
6 1742. Appointment of prison commissioners.
7 § 1741. Sixth, seventh and eighth class counties.
8 (a) Management by sheriff.--In a county of the sixth,
9 seventh and eighth class, the government, management and control
10 of the county prison and the safekeeping, care, maintenance,
11 discipline and employment of the inmates therein are vested in
12 the sheriff of the county and the officers and employees
13 appointed by the sheriff.
14 (b) Residence may be furnished.--The sheriff and the
15 sheriff's family may be furnished a residence in the county
16 prison.
17 (c) Staffing.--The sheriff shall from time to time, with
18 approval of the county salary board, appoint as many corrections
19 officers and other employees of the county prison as the salary
20 board shall approve. The compensation of the corrections
21 officers and other employees shall be fixed by the county salary
22 board in the same manner as the compensation of other appointed
23 county officers and employees.
24 § 1742. Appointment of prison commissioners.
25 Whenever the appointment of prison commissioners in any
26 county having a population of more than 150,000 is by law lodged
27 in the judges of the court of common pleas, the appointments
28 shall, in all cases as nearly as possible, be equally divided
29 between the two political parties polling the highest number of
30 votes at the preceding general election.
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1 SUBCHAPTER E
2 PENAL OPERATIONS AND PROCEDURES
3 Sec.
4 1751. Costs of confinement.
5 1752. Board of inspectors to regulate salaries of wardens and
6 other staff.
7 1753. Residence of warden.
8 1754. Bonds for county prison staff in fourth class counties.
9 1755. Property exempt from taxation.
10 1756. Loss of privileges.
11 1757. Collection from certain inmates.
12 § 1751. Costs of confinement.
13 (a) Liability of cities.--
14 (1) When an inmate is committed to any county
15 correctional institution in this Commonwealth, either for the
16 nonpayment of a fine or penalty imposed for the violation of
17 any city ordinance or while awaiting a hearing upon any
18 charge for the violation of any city ordinance, the costs of
19 proceedings and the expenses of maintaining the inmate during
20 his confinement by virtue of the commitment shall be borne
21 and paid by the city whose ordinance was alleged to have been
22 violated or to which any such fines or penalties are payable.
23 (2) The county in which the city is located shall not be
24 liable to the sheriff for any such maintenance or to any
25 officer, magistrate or person for any costs of such
26 proceedings.
27 (b) Nonapplicability.--This section does not apply to a city
28 of the third class.
29 § 1752. Board of inspectors to regulate salaries of wardens and
30 other staff.
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1 (a) General rule.--The board of inspectors in any county
2 where such board exists shall, from time to time, fix and change
3 the salaries and compensation of the deputy wardens, corrections
4 officers and other persons employed in and about the county
5 prison.
6 (b) Nonapplicability.--This section shall not apply to
7 counties in which cities are coextensive with the counties.
8 § 1753. Residence of warden.
9 In any county where the government of the county prison is
10 vested in a prison board, the prison board may fix the place of
11 residence of the warden of the county prison either in the jail
12 or elsewhere.
13 § 1754. Bonds for county prison staff in fourth class counties.
14 In any county of the fourth class in which there is a board
15 of inspectors, the board shall pay out of the public moneys
16 under its jurisdiction the premiums on all bonds of employees
17 appointed by the board who are required to furnish bond.
18 § 1755. Property exempt from taxation.
19 All the property, real and personal, authorized to be held
20 under the former act of June 26, 1895 (P.L.377, No.269),
21 entitled "An act authorizing the erection of work-houses in the
22 several counties of this Commonwealth," shall be exempt from
23 taxation and from levy and sale by virtue of execution or any
24 other process.
25 § 1756. Loss of privileges.
26 A chief administrator of a county correctional institution
27 may refuse to permit a prisoner to exercise the prisoner's
28 privilege to leave the county correctional institution for a
29 period of not more than five days for any breach of discipline
30 or other violation of regulations of the county correctional
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1 institution.
2 § 1757. Collection from certain inmates.
3 The governing body of a county correctional institution, or
4 where applicable the county commissioners, may, by resolution
5 which shall establish rates and qualifications, authorize the
6 chief administrator to collect a reasonable amount from inmates
7 incarcerated only on weekends or other short periods each week.
8 SUBCHAPTER F
9 JOINT DETENTION CENTERS
10 Sec.
11 1761. Establishment by adjoining counties.
12 1762. Selection of site.
13 1763. Buildings.
14 1764. Construction contracts.
15 1765. Advisory board.
16 1766. Meetings.
17 1767. Chief administrator and employees.
18 1768. Rules and regulations.
19 1769. Initial transfer of inmates.
20 1770. Employment of inmates.
21 1771. Cost of transporting inmates.
22 1772. Financial reporting.
23 1773. Allocation of expenses to counties.
24 1774. County appropriations.
25 1775. Exemption from taxation.
26 § 1761. Establishment by adjoining counties.
27 (a) Authority.--The county commissioners of any two or more
28 adjoining counties may join in establishing, according to a
29 plan, detention facilities for the confinement of persons
30 awaiting trial or sentence on criminal charges, convicted on
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1 criminal charges or not otherwise eligible for confinement in
2 other county correctional institutions.
3 (b) Preapproval of plan by department.--Before establishing
4 detention facilities, the counties shall submit their plan to
5 the department for approval. The department may require, as a
6 condition to approving any plan, that two or more adjoining
7 counties join with another adjoining county to establish
8 detention facilities.
9 § 1762. Selection of site.
10 Whenever the commissioners of any two or more adjoining
11 counties decide and agree to construct a joint detention
12 facility, they shall acquire a suitable site for the facility.
13 The site may be selected from suitable lands already held by any
14 county of the district for county purposes from lands donated
15 for such purposes or any quantity of land within the respective
16 districts. In the selection of a site, there shall be taken into
17 consideration the objects and purposes of the joint detention
18 center. Title to the land shall be approved by the county
19 solicitor of the county in which the land is located, or such
20 other title guarantee corporation or attorney as may be
21 designated by the commissioners of the counties, and shall be
22 taken in the name of the county or counties comprising the
23 district. The site, before purchase, shall be approved by the
24 department.
25 § 1763. Buildings.
26 After the selection and acquisition of sites, the county
27 commissioners of the counties may erect and construct suitable
28 and necessary buildings thereon, repair any buildings already
29 erected and equip the sites for use and occupancy.
30 § 1764. Construction contracts.
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1 Joint detention facilities shall be constructed by contract
2 or contracts let by the county commissioners of the counties to
3 the lowest responsible and best bidder after due advertisement
4 in at least one newspaper, published in each of the counties
5 joining in the erection of the joint detention facilities, once
6 a week for two consecutive weeks. When so constructed, the joint
7 detention facilities shall be equipped by the county
8 commissioners of the counties at the cost of the counties in the
9 same manner as other county buildings are equipped.
10 § 1765. Advisory board.
11 After joint detention facilities have been erected and
12 equipped and are ready for occupancy, the president judges of
13 the courts of common pleas of the counties joining in the
14 construction of the joint detention facilities shall appoint an
15 advisory board to consist of three persons from each of the
16 counties. The president judge of each of the counties shall
17 appoint one member of the board to serve for one year, one to
18 serve for two years, and one to serve for three years, or until
19 their successors are appointed and qualified. All appointments
20 at the expiration of any term shall be for a term of three
21 years.
22 § 1766. Meetings.
23 (a) General rule.--The advisory board shall meet at such
24 times as it deems necessary. The board shall visit and inspect
25 and keep in close touch with the management and operation of the
26 joint detention facilities and shall, from time to time, make
27 such recommendations and suggestions to the county commissioners
28 for changes or improvements in the management and operations of
29 the joint detention facilities as may be deemed advisable. It
30 shall also make an annual report to the county commissioners
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1 concerning the management and operation of the joint detention
2 facilities.
3 (b) Administrative support.--The county commissioners shall,
4 at the expense of the counties, provide a meeting place for the
5 board and furnish all supplies and materials necessary to carry
6 on its work.
7 (c) Reimbursement of expenses.--The members of the board
8 shall not receive any compensation for their services, but shall
9 be reimbursed for all actual and necessary expenses incurred in
10 the discharge of their duties, which expenses shall be paid by
11 the counties as part of the cost of maintenance of the joint
12 detention facilities.
13 § 1767. Chief administrator and employees.
14 The county commissioners of the counties may, after
15 consultation with the advisory board, employ a chief
16 administrator and such other employees as may be necessary to
17 conduct and manage properly the joint detention facilities and
18 shall fix their compensation. The duties of those officers shall
19 be prescribed by the rules and regulations of the joint
20 detention facilities. They shall hold their offices,
21 respectively, at the pleasure of and their compensation shall be
22 fixed by the appointing power.
23 § 1768. Rules and regulations.
24 The county commissioners of the counties shall, before any
25 inmate may be admitted to the joint detention facilities, after
26 consulting with the advisory board, make general rules and
27 regulations for the management of the joint detention
28 facilities, which rules and regulations shall be effective after
29 they are approved by the department.
30 § 1769. Initial transfer of inmates.
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1 When, in any district formed by counties under this
2 subchapter, the arrangements are complete for the reception of
3 inmates, transfer of all persons who are subject to confinement
4 as provided in this subchapter shall be made to the joint
5 detention facilities of the district.
6 § 1770. Employment of inmates.
7 An inmate of a joint detention facility under the provisions
8 of this subchapter, unless disqualified by sickness or
9 otherwise, shall be kept at some useful employment as may be
10 suited to the inmate's age and capacity and as may tend to
11 promote the best interest of the inmate. If an inmate refuses to
12 perform the work assigned to the inmate or is guilty of other
13 acts of insubordination, the chief administrator shall punish
14 the inmate in such manner as the rules and regulations provided
15 for may prescribe. The chief administrator shall keep a record
16 of and report to the advisory board all such offenses and
17 punishments.
18 § 1771. Cost of transporting inmates.
19 The cost of transporting inmates committed to the joint
20 detention facilities shall be paid by the counties,
21 respectively, from which the inmates are committed. The sheriff
22 of the county for inmates committed by the court and constables
23 for inmates committed by magisterial district judges shall
24 receive for the inmates committed to the joint detention
25 facilities no mileage or travel expenses on writs, except the
26 actual cost of transporting the inmates to the joint detention
27 facilities, together with any other fees for their services
28 allowed by law.
29 § 1772. Financial reporting.
30 A detailed statement of the receipt and expenditures by any
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1 county constituting a part of the district for joint detention
2 facilities erected under the provisions of this subchapter shall
3 be published by the county commissioners of each county or by
4 the controller in the county. Where the report is published by
5 the controller, it shall be included in the annual statement of
6 the fiscal affairs of such county.
7 § 1773. Allocation of expenses to counties.
8 (a) General rule.--The original cost of the site and
9 buildings of the joint detention facilities and the equipment
10 thereof, all additions thereto and all fixed overhead charges in
11 conducting the joint detention facilities shall be paid by the
12 counties constituting the districts in the ratio of their
13 population according to the last preceding United States census.
14 (b) Inmate expense.--
15 (1) The cost of the care and maintenance of the inmates
16 in the districts shall be certified monthly to the counties
17 from which inmates have been committed. The cost shall be
18 paid by the counties in proportion to the number of inmates
19 committed from each county.
20 (2) All payments shall be on warrants of the county
21 commissioners, countersigned by the county controller in
22 counties where that office exists.
23 § 1774. County appropriations.
24 The county commissioners of each county joining in
25 establishing detention facilities as provided for in this
26 subchapter may make appropriations or incur or increase the
27 indebtedness of the county, in the manner provided by law, to an
28 amount sufficient to pay its proportionate part of the cost of
29 acquiring a site and of erecting, constructing and equipping the
30 joint detention facilities by issuing coupon bonds at a rate of
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1 interest not exceeding 7%, and payable within 30 years from the
2 date of issue. The county commissioners of the county shall levy
3 an annual tax in an amount necessary to pay interest and sinking
4 fund charges upon such bonds.
5 § 1775. Exemption from taxation.
6 All the property, real and personal, authorized to be held by
7 counties under this subchapter shall be exempt from taxation.
8 SUBCHAPTER G
9 JOINT INDUSTRIAL FARMS AND WORKHOUSES
10 Sec.
11 1781. Establishment by counties.
12 1782. Selection of site.
13 1783. Buildings.
14 1784. Construction contracts.
15 1785. Advisory board.
16 1786. Meetings.
17 1787. Chief administrator and employees.
18 1788. Rules and regulations.
19 1789. Initial transfer of inmates.
20 1790. Employment of inmates.
21 1791. Cost of transporting inmates.
22 1792. Nature of inmate employment.
23 1793. Sale of goods and materials.
24 1794. Financial reporting.
25 1795. Allocation of expenses to counties.
26 1796. Borrowing authorized.
27 1797. Exemption from taxation.
28 1798. Nonapplicability.
29 § 1781. Establishment by counties.
30 The county commissioners of any two or more counties may join
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1 in establishing a joint industrial farm and workhouse for the
2 confinement of:
3 (1) Persons sentenced by the courts of those counties,
4 after conviction, of any misdemeanor or felony, except
5 murder, voluntary manslaughter, rape and arson.
6 (2) Persons who are in default of payment of any fine or
7 penalty, or for nonpayment of costs, or for default in
8 complying with any order of court entered in any prosecution
9 for desertion or nonsupport, or for the violation of any
10 municipal ordinance.
11 § 1782. Selection of site.
12 Whenever the commissioners of any two or more counties decide
13 and agree to construct a joint industrial farm and workhouse,
14 they shall acquire a suitable site for the same. The site may be
15 selected from suitable lands already held by any county of the
16 district for county purposes, from lands donated for such
17 purposes or from any quantity of land within the respective
18 districts. In the selection of a site, there shall be taken into
19 consideration the objects and purposes of the joint industrial
20 farm and workhouse and all or as many as practicable of the
21 advantages and resources set forth in this section. The land
22 selected and purchased shall be a varied topography, with
23 natural resources and advantages for many forms of husbandry,
24 fruit growing and stock raising, for brickmaking and for the
25 preparation of all other road and paving material and shall have
26 good railroad, drainage, sewage and water facilities. Title to
27 the land shall be approved by the county solicitor of the county
28 in which the land is located or such other title guarantee
29 corporation or attorney as maybe designated by the commissioners
30 of the counties and shall be taken in the name of the county or
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1 counties comprising the district.
2 § 1783. Buildings.
3 After the selection and acquisition of the sites, the county
4 commissioners of the counties may erect and construct suitable
5 and necessary buildings thereon, repair any buildings already
6 erected and equip the buildings for use and occupancy. All
7 buildings constructed in pursuance of this subchapter shall be
8 plain and inexpensive in character. The labor in constructing
9 such buildings and improvements and facilities shall be supplied
10 by the persons committed to county correctional institutions in
11 the counties or transferred thereto from any county correctional
12 institution, so far as found practicable.
13 § 1784. Construction contracts.
14 Joint industrial farm and workhouse buildings shall be
15 constructed by contract or contracts let by the county
16 commissioners of the counties to the lowest responsible and best
17 bidder, after due advertisement in at least one newspaper,
18 published in each of the counties joining in the erection of the
19 joint industrial farm and workhouse, once a week for four
20 consecutive weeks. When so constructed, the joint industrial
21 farm and workhouse buildings shall be equipped by the county
22 commissioners of the counties at the cost of the counties in the
23 same manner as other county buildings are equipped.
24 § 1785. Advisory board.
25 After a joint industrial farm and workhouse has been erected
26 and equipped and is ready for occupancy, the president judges of
27 the courts of common pleas of the counties joining in the
28 construction of the joint industrial farm and workhouse shall
29 appoint an advisory board to consist of three persons from each
30 of the counties. The president judge of each of the counties
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1 shall appoint one member of the board to serve for one year, one
2 to serve for two years, and one to serve for three years, or
3 until their successors are appointed and qualified. All
4 appointments at the expiration of any term shall be for a term
5 of three years.
6 § 1786. Meetings.
7 (a) General rule.--The advisory board shall meet monthly and
8 at such other times as may be deemed necessary. The board shall
9 visit and inspect and keep in close touch with the management
10 and operation of the joint industrial farm and workhouse and
11 shall, from time to time, make such recommendations and
12 suggestions to the county commissioners for changes or
13 improvements in the management and operations of the joint
14 industrial farm and workhouse as may be deemed advisable. It
15 shall also make an annual report to the county commissioners
16 concerning the management and operation of the industrial farm
17 and workhouse.
18 (b) Administrative support.--The county commissioners shall,
19 at the expense of the counties, provide a meeting place for the
20 board and furnish all supplies and materials necessary to carry
21 on its work.
22 (c) Reimbursement of expenses.--The members of the board
23 shall not receive any compensation for their services, but shall
24 be allowed all actual and necessary expenses incurred in the
25 discharge of their duties, which shall be paid by the counties
26 as part of the cost of maintenance of the joint industrial farm
27 and workhouse.
28 § 1787. Chief administrator and employees.
29 The county commissioners of the counties may, after
30 consultation with the advisory board, employ a chief
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1 administrator and such other employees as may be necessary to
2 conduct and manage properly the joint industrial farm and
3 workhouse and shall fix their compensation. The duties of those
4 officers shall be prescribed by the rules and regulations of the
5 joint industrial farm and workhouse.
6 § 1788. Rules and regulations.
7 The county commissioners of the counties shall, before any
8 inmate may be admitted to the joint industrial farm and
9 workhouse, after consulting with the advisory board, make
10 general rules and regulations for the management of the joint
11 industrial farm and workhouse.
12 § 1789. Initial transfer of inmates.
13 (a) General rule.--When, in any district formed by the
14 counties, the arrangements are complete for the reception of
15 inmates, transfer shall be made from the county correctional
16 institutions to the joint industrial farm and workhouse of the
17 district of all persons:
18 (1) Who have been sentenced to any of the county
19 correctional institutions for any misdemeanor or felony
20 except murder, voluntary manslaughter, rape and arson.
21 (2) Who have been committed to any of the county
22 correctional institutions in default of payment of any fine
23 or penalty, or for nonpayment of costs or for default in
24 complying with any order of court entered in any prosecution
25 for desertion or nonsupport.
26 (3) Legally confined in any of the county correctional
27 institutions, except those that are confined awaiting trial
28 or held as material witnesses.
29 (b) Persons eligible to become inmates.--
30 (1) When any person is convicted in any court in any
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1 county of any offense classified as a misdemeanor or felony
2 except murder, voluntary manslaughter, rape and arson, the
3 punishment of which is or may be imprisonment in any county
4 correctional institution for a period of ten days or more,
5 the court may sentence such person to a joint industrial farm
6 and workhouse of the Commonwealth.
7 (2) Courts of record and courts not of record of any
8 county in this Commonwealth may commit to the joint
9 industrial farm and workhouse all persons who might be
10 lawfully committed to the county correctional institution on
11 charges of vagrancy, drunkenness or disorderly conduct, for
12 default or nonpayment of any costs, fine or penalty, for
13 default in complying with any order of court entered in any
14 prosecution for desertion or nonsupport or for violations of
15 municipal ordinances, where, in any such case, the commitment
16 will be for a period of ten days or more.
17 (c) Existing county correctional institutions.--The existing
18 county correctional institutions may be retained to confine
19 persons awaiting trial, held as material witnesses or sentenced
20 for a period of less than ten days, and such number of other
21 convicted persons as may be required to perform the necessary
22 institutional maintenance work.
23 (d) Clothing and treatment.--All inmates shall be clothed
24 and treated as provided for in this subchapter and in the rules
25 and regulations of the joint industrial farm and workhouse.
26 § 1790. Employment of inmates.
27 (a) General rule.--An inmate committed to a joint industrial
28 farm and workhouse under the provisions of this subchapter,
29 unless disqualified by sickness or otherwise, shall be kept at
30 some useful employment as may be suited to the inmate's age and
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1 capacity and as may be most profitable to the joint industrial
2 farm and workhouse and tend to promote the best interest of the
3 inmate. If an inmate refuses to perform the work assigned to the
4 inmate or is guilty of other acts of insubordination, the chief
5 administrator shall punish the inmate in such manner as the
6 rules and regulations provided for may prescribe. The chief
7 administrator shall keep a record of and report to the advisory
8 board all such offenses and punishments.
9 (b) Pay schedule and inmate accounts.--All inmates shall
10 receive compensation for their work.
11 (1) Those inmates employed on institutional maintenance
12 and nonproductive labor shall receive not more than 20¢ per
13 day and not less than 10¢ per day.
14 (2) Those inmates employed on productive work shall
15 receive not more than 50¢ per day and not less than 20¢ per
16 day.
17 (3) The earnings of an inmate shall be credited to the
18 inmate's account, and disbursements made on approval of the
19 chief administrator of the institution and the written order
20 of the inmate, except when an inmate is committed for
21 nonsupport the court which sentenced the prisoner shall order
22 payment of the earnings. At time of release or discharge, the
23 inmate shall receive all moneys remaining in the inmate's
24 account and give receipt for the same.
25 § 1791. Cost of transporting inmates.
26 (a) General rule.--The cost of transporting inmates
27 committed to the joint industrial farms and workhouses shall be
28 paid by the counties, respectively, from which the inmates are
29 committed. The sheriff of the county for inmates committed by
30 the court and constables for inmates committed by magisterial
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1 district judges shall receive for the inmates committed to the
2 joint industrial farm and workhouse no mileage or travel
3 expenses on writs, except the actual cost of transporting the
4 inmates so committed to the joint industrial farm and workhouse,
5 together with any other fees for their services allowed by law.
6 (b) Railroad ticket upon discharge.--When an inmate is
7 discharged from a joint industrial farm and workhouse, the chief
8 administrator thereof shall procure for the inmate a railroad
9 ticket to any point to which the inmate may desire to go, not
10 farther from the joint industrial farm and workhouse than the
11 point from which the inmate was sentenced.
12 § 1792. Nature of inmate employment.
13 A joint industrial farm and workhouse shall employ the
14 inmates committed or transferred thereto in work on or about the
15 buildings and farm and in growing produce, raising stock, etc.,
16 for supplies for its own use, the use of the several city and
17 county or county correctional institutions in the district, any
18 political division thereof or any public or charitable
19 institution owned or managed and directed by the counties
20 constituting the district, or any political division thereof.
21 Inmates may also be employed in the preparation of road
22 material, in making brick, tile and concrete or other road
23 building material and in the manufacture of other products and
24 materials as may be found practicable for the use of any of the
25 counties constituting the district and for the proper and
26 healthful employment of the inmates.
27 § 1793. Sale of goods and materials.
28 All road material, brick, tile, concrete and other goods and
29 materials prepared or made at a joint industrial farm and
30 workhouse that are not needed for the purposes of the joint
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1 industrial farm and workhouse shall be offered for sale at a
2 price to be fixed by the commissioners of the district. In
3 offering such material for sale, preference shall be given to
4 the counties forming the district of the joint industrial farm
5 and workhouse and to the cities, boroughs and townships in the
6 joint district. All moneys so received shall be applied toward
7 paying the overhead expenses of the joint industrial farm and
8 workhouse.
9 § 1794. Financial reporting.
10 A detailed statement of the receipts and expenditures by any
11 county constituting a part of the district for a joint
12 industrial farm and workhouse erected under the provisions of
13 this subchapter shall be published by the county commissioners
14 of each county or by the controller in the county. Where the
15 report is published by the controller, it shall be included in
16 the annual statement of the fiscal affairs of the county.
17 § 1795. Allocation of expenses to counties.
18 (a) General rule.--The original cost of the site and
19 buildings of the joint industrial farm and workhouse, the
20 equipment thereof, all additions thereto and all fixed overhead
21 charges in conducting the joint industrial farm and workhouse
22 shall be paid by the counties constituting the districts in the
23 ratio of their population according to the last preceding United
24 States census.
25 (b) Inmate expense.--The cost of the care and maintenance of
26 the inmates shall be certified monthly to the counties from
27 which inmates have been committed. The cost shall be paid by the
28 counties in proportion to the number of inmates committed from
29 each county. All payments shall be on warrants of the county
30 commissioners, countersigned by the county controller in
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1 counties where a county controller exists.
2 § 1796. Borrowing authorized.
3 The county commissioners of each county joining in
4 establishing a joint industrial farm and workhouse, as provided
5 for in this subchapter, may incur or increase the indebtedness
6 of the county, in the manner provided by law, to an amount
7 sufficient to pay its proportionate part of the cost of
8 acquiring a site and of erecting, constructing and equipping the
9 joint industrial farm and workhouse by issuing coupon bonds at a
10 rate of interest not exceeding 6% and payable within 30 years
11 from the date of issue. The county commissioners of the county
12 shall levy an annual tax in an amount necessary to pay interest
13 and sinking fund charges upon the bonds.
14 § 1797. Exemption from taxation.
15 All the property, real and personal, authorized to be held
16 under this subchapter shall be exempt from taxation.
17 § 1798. Nonapplicability.
18 This subchapter does not apply to cities and counties of the
19 first class.
20 PART III
21 INMATE CONFINEMENT
22 Chapter
23 31. Inmate Labor
24 33. Medical Services
25 35. Visitation
26 37. Inmate Prerelease Plans
27 39. Motivational Boot Camp
28 41. State Intermediate Punishment
29 43. Execution Procedure and Method
30 59. Miscellaneous Provisions
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1 CHAPTER 31
2 INMATE LABOR
3 Sec.
4 3101. Inmates to be employed.
5 3102. Disposition of proceeds of labor.
6 3103. Agricultural labor at county correctional institutions.
7 3104. Inmate labor in county correctional institutions.
8 3105. Inmate labor in counties of the first class.
9 3106. Inmate-made goods to be branded.
10 3107. Sale of inmate-made goods.
11 § 3101. Inmates to be employed.
12 The chief administrators may employ the inmates under their
13 control for and on behalf of the Commonwealth and the inmates
14 for and on behalf of their respective counties.
15 § 3102. Disposition of proceeds of labor.
16 All moneys received under the provisions of this chapter for
17 labor done within county correctional institutions or the
18 products of such labor sold shall be credited on account of the
19 receipts and expenditures paid to and for the maintenance of the
20 respective correctional institutions.
21 § 3103. Agricultural labor at county correctional institutions.
22 (a) General rule.--The chief administrator of a county
23 correctional institution shall permit the employment of such
24 inmates serving sentences therein, as they shall deem advisable,
25 at agricultural labor on any county farm of the county under the
26 direction of any person appointed by the chief administrator,
27 and all inmates so employed shall at all times be amenable to
28 restraint, discipline and punishment in the same manner as if
29 they were confined in the county correctional institution.
30 (b) Liability.--No person appointed by a chief administrator
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1 of a county correctional institution or his sureties shall be
2 held liable on any bond conditioned for the safekeeping of
3 persons given into that person's care, in case any inmate so
4 employed shall escape, if due care and diligence has been
5 exercised in the discharge of the duties imposed on that person.
6 § 3104. Inmate labor in county correctional institutions.
7 (a) General rule.--An inmate of a county correctional
8 institution who is physically capable may be employed at labor
9 for not more than eight hours each day, other than Sundays and
10 public holidays. The employment may be in such character of work
11 and the production of such goods as may now be manufactured and
12 produced in county correctional institutions and may also be
13 for:
14 (1) the manufacture and production of supplies for the
15 county correctional institutions;
16 (2) the preparation and manufacture of building material
17 for the construction or repair of the county correctional
18 institution;
19 (3) the manufacture and production of crushed stone,
20 brick, tile and culvert pipe or other material suitable for
21 draining roads; or
22 (4) the preparation of road building and ballasting
23 material.
24 (b) Authority to county commissioners.--The county
25 commissioners or chief administrator of the county correctional
26 institution shall:
27 (1) determine the amount, kind and character of the
28 machinery to be erected and the industries to be carried on
29 in the county correctional institution;
30 (2) arrange for the purchase and installation of such
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1 machinery at the expense of the county; and
2 (3) provide for the sale of articles and material
3 produced.
4 (c) Funding.--The county commissioners shall make available
5 the necessary funds to carry out the provisions of this section.
6 (d) Inmate accounts.--
7 (1) The authorities in charge of a county correctional
8 institution shall fix the wages of each inmate to be employed
9 and shall keep an account of all such wages and the amount
10 due each inmate.
11 (2) Three-fourths of the amount credited to each inmate,
12 or the entire amount if the inmate so elects, shall
13 constitute a fund for the relief of any person or persons
14 dependent upon the inmate and shall be paid to such persons,
15 establishing dependency to the satisfaction of the
16 authorities, at such times as they may prescribe.
17 (3) In case an inmate has no person dependent upon him,
18 the inmate's wages shall be deposited for his benefit and
19 shall be paid to him as follows:
20 (i) one-third at the time of his discharge;
21 (ii) one-third, three months thereafter; and
22 (iii) one-third, six months thereafter.
23 (e) Special administrative fund.--
24 (1) The authorities in charge of a county correctional
25 institution may establish a fund for the purpose of carrying
26 out this section and may provide for the purchase of
27 machinery and materials and payment of wages from such fund.
28 (2) All revenues received from the sale of articles
29 produced shall be paid into the fund.
30 (f) Nonapplicability.--This section shall not apply to a
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1 county of the first class.
2 § 3105. Inmate labor in counties of the first class.
3 (a) General rule.--The board of inspectors of a county
4 correctional institution of a county of the first class may
5 establish, from time to time, a scale of wages that shall not be
6 less than ten cents per day, and may pay and the inmates may
7 receive compensation for their work according to such scale.
8 (b) Inmate account.--
9 (1) Except as otherwise provided in paragraph (2), the
10 earnings of each inmate shall be credited to his account and
11 disbursements made on approval of the chief administrator of
12 the institution and the written order of the inmate.
13 (2) When an inmate is committed for nonsupport, the
14 court which sentenced the inmate shall order payment of his
15 earnings and, in the case of other inmates, the court which
16 sentenced the inmate may order payments from his earnings to
17 be paid to his dependents.
18 (3) At time of release or discharge, the inmate shall
19 receive all moneys remaining in his account and give receipt
20 for the same.
21 § 3106. Inmate-made goods to be branded.
22 (a) General rule.--All goods, wares, merchandise or other
23 article or thing made by inmate labor in any correctional
24 institution or other establishment in which inmate labor is
25 employed, whether for the direct benefit and maintenance of the
26 correctional institution or other establishment or upon contract
27 by the authorities of the same with any third person,
28 immediately upon the completion of the same, shall be branded as
29 provided in this section and may not be taken into or exposed in
30 any place for sale at wholesale or retail without that brand.
20050S0506B2110 - 88 -
1 (b) Style and place of brand.--
2 (1) The brand required by this section shall be in plain
3 English lettering and shall contain at the head or top of the
4 brand the words "inmate made," followed by the year and name
5 of the correctional institution or other establishment in
6 which made.
7 (2) The brand shall in all cases, when the nature of the
8 article will permit, be placed on the article and only where
9 the branding is impossible may it be placed on the box or
10 other receptacle or covering in which it is contained.
11 (3) The brand shall be affixed to the article by
12 casting, burning, pressing or other such process or means so
13 that the article may not be defaced and in all cases shall be
14 upon the most conspicuous place upon the article or the box,
15 receptacle or covering containing the article.
16 (c) Applicability.--This section shall not apply to goods,
17 wares and merchandise shipped to points outside of this
18 Commonwealth.
19 § 3107. Sale of inmate-made goods.
20 The department may contract to sell or sell the articles
21 manufactured or produced in any correctional institution which
22 cannot be used therein, to the Commonwealth or to any political
23 subdivision thereof, or to any State, municipality, or county
24 authority, created by or under any law of this Commonwealth, or
25 to any State correctional institution, or to any educational or
26 charitable institution receiving aid from the Commonwealth, or
27 to the Federal Government or any department, bureau, commission,
28 authority or agency thereof, or to any other state or political
29 subdivision or authority thereof, or to any institution
30 receiving aid from the Federal Government or of any other state.
20050S0506B2110 - 89 -
1 CHAPTER 33
2 MEDICAL SERVICES
3 Sec.
4 3301. Short title of chapter.
5 3302. Definitions.
6 3303. Medical Services Program.
7 3304. Powers and duties of department.
8 3305. Costs outstanding upon release.
9 3306. Report to General Assembly.
10 3307. Applicability.
11 § 3301. Short title of chapter.
12 This chapter shall be known and may be cited as the
13 Correctional Institution Medical Services Act.
14 § 3302. Definitions.
15 The following words and phrases when used in this chapter
16 shall have the meanings given to them in this section unless the
17 context clearly indicates otherwise:
18 "Program." The Medical Services Program established for
19 inmates under section 3303 (relating to Medical Services
20 Program).
21 § 3303. Medical Services Program.
22 (a) Establishment.--The Medical Services Program is
23 established in the department which shall include, but not be
24 limited to, the provisions of this chapter. The program shall be
25 a copay program requiring inmates to pay a fee to cover a
26 portion of the actual costs of the medical services provided.
27 (b) Fees.--
28 (1) The department shall develop by regulation a program
29 for inmates which includes fees for certain medical services.
30 The regulations shall provide for consistent medical services
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1 guidelines by specifying the medical services which are
2 subject to fees, the fee amounts, payment procedures, medical
3 services which are not subject to fees and fees applicable to
4 medical emergencies, chronic care and preexisting conditions.
5 (2) In addition to other medical services provided to
6 the inmate, an inmate may be required to pay a fee for
7 medical services provided because of injuries the inmate
8 inflicted upon himself or another inmate.
9 (c) Explanation of program.--Each inmate shall be advised of
10 the medical services fees and payment procedures at the time of
11 intake. An explanation of the program regulations shall be
12 included in the inmate handbook.
13 (d) Written notice of changes.--Each inmate shall receive
14 written notice of any changes in medical services fees and
15 payment procedures and an initial written notice of the
16 program's implementation.
17 (e) Payment for medical services.--
18 (1) No inmate shall be denied access to medical services
19 because of an inability to pay the required fees.
20 (2) The department shall devise and implement a program
21 whereby inmates of State correctional institutions who have
22 medical insurance shall pay for their own medical needs
23 through that insurance. This program shall be contained in
24 regulations promulgated by the department.
25 (f) Fee debits.--An inmate shall acknowledge in writing any
26 debit made to his inmate account for a medical services fee.
27 (g) Deposits.--Medical services fees collected under this
28 chapter shall be deposited in the General Fund.
29 § 3304. Powers and duties of department.
30 The department shall implement the program by:
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1 (1) Issuing regulations as required under section 3303
2 (relating to Medical Services Program).
3 (2) Providing department staff and medical services
4 providers with training relating to the program.
5 (3) Developing administrative forms for the
6 implementation of the program.
7 (4) Providing for administrative and accounting
8 procedures for the program and an annual audit of the
9 program.
10 (5) Providing written notice to all current inmates
11 regarding implementation of the program.
12 § 3305. Costs outstanding upon release.
13 (a) Right to seek recovery of costs.--The department may
14 seek to recover any amount owed for medical services fees by an
15 inmate upon release from prison through a civil action brought
16 within one year of the inmate's release. The department shall
17 have the burden to prove the amount owed.
18 (b) Defense.--An inmate's inability to pay as determined by
19 the court shall be a defense to the payment of part or all of
20 the fees.
21 § 3306. Report to General Assembly.
22 The department shall submit to the chairmen and minority
23 chairmen of the Appropriations Committee and the Judiciary
24 Committee of the Senate and the chairmen and minority chairmen
25 of the Appropriations Committee and the Judiciary Committee of
26 the House of Representatives an annual report on the program.
27 The report shall provide information on the fees charged and the
28 fees collected under the program and shall include a summary of
29 the annual audit of the program as required under section 3304
30 (relating to powers and duties of department). The report may
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1 recommend legislative changes for the program and propose model
2 legislation for counties which may wish to develop similar
3 programs.
4 § 3307. Applicability.
5 The department shall collect fees for medical services
6 provided to an inmate after the effective date of the program
7 regulations as published in the Pennsylvania Bulletin.
8 CHAPTER 35
9 VISITATION
10 Subchapter
11 A. General Provisions
12 B. Official Visitation
13 SUBCHAPTER A
14 GENERAL PROVISIONS
15 Sec.
16 3501. Gubernatorial visitor for philanthropic purposes.
17 3502. Official visitors.
18 3503. Rights of official visitors.
19 § 3501. Gubernatorial visitor for philanthropic purposes.
20 The Governor may appoint a person to visit, for philanthropic
21 purposes, correctional institutions. No expense shall be
22 incurred to the Commonwealth for the implementation of this
23 section.
24 § 3502. Official visitors.
25 (a) General rule.--Subject to the provisions of subsection
26 (b), the active or visiting committee of any society
27 incorporated for the purpose of visiting and instructing inmates
28 are hereby made official visitors of any correctional
29 institution, with the same powers, privileges and functions as
30 are vested in the official visitors of correctional institutions
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1 as now prescribed by law.
2 (b) Notice required.--No active or visiting committee as
3 identified in subsection (a) may visit a correctional
4 institution under this section unless notice of the names of the
5 members of the committee and the terms of their appointment are
6 given by the society, in writing, under its corporate seal, to
7 the chief administrator of the correctional institution.
8 § 3503. Rights of official visitors.
9 (a) Visiting hours.--A person designated by law to be an
10 official visitor of a correctional institution may enter and
11 visit any correctional institution on any and every day,
12 including Sundays, between the hours of 9 a.m. and 5 p.m. and at
13 such other times with the special permission of the chief
14 administrator.
15 (b) Confirmation of role.--All powers, functions and
16 privileges granted to official visitors of correctional
17 institutions under prior law are hereby confirmed. No official
18 visitor shall have the right or power to give or deliver to an
19 inmate during such visit any chattel or object whatsoever,
20 except objects and articles of religious or moral instruction or
21 use.
22 (c) Effect of violation.--
23 (1) If an official visitor violates any provision of
24 this section, a chief administrator may apply to the court of
25 common pleas in the county wherein the correctional
26 institution is situated, for a rule upon the official visitor
27 to show cause why he should not be deprived of his office.
28 (2) Upon proof to the satisfaction of the court, the
29 court shall enter a decree against the official visitor
30 depriving him of all rights, privileges and functions of an
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1 official visitor.
2 SUBCHAPTER B
3 OFFICIAL VISITATION
4 Sec.
5 3511. Short title of subchapter.
6 3512. Definitions.
7 3513. Visitation.
8 3514. Employees of official visitor.
9 § 3511. Short title of subchapter.
10 This subchapter shall be known and may be cited as the
11 Official Visitation of Correctional Institutions Act.
12 § 3512. Definitions.
13 The following words and phrases when used in this subchapter
14 shall have the meanings given to them in this section unless the
15 context clearly indicates otherwise:
16 "Official visitor." The Governor, Lieutenant Governor,
17 President pro tempore and members of the Senate, Speaker and
18 members of the House of Representatives, justices and judges of
19 the courts of record, General Counsel, Attorney General and his
20 deputies and authorized members of the Pennsylvania Prison
21 Society who have been designated as official visitors, whose
22 names shall be given to a chief administrator, in writing,
23 together with the terms of their appointment under its corporate
24 seal.
25 § 3513. Visitation.
26 (a) Time.--An official visitor may enter and visit any
27 correctional institution on any and every day, including
28 Sundays, between the hours of 9 a.m. and 5 p.m. Visits at any
29 other time shall be made only with the special permission of the
30 chief administrator.
20050S0506B2110 - 95 -
1 (b) Denial of entry.--
2 (1) If a chief administrator of a State correctional
3 institution is of the opinion that the visit would be
4 dangerous to the discipline or welfare of the correctional
5 institution or the safety of the visitor, the chief
6 administrator may temporarily deny entry to any official
7 visitor if the secretary has previously declared that an
8 emergency situation exists within the correctional
9 institution.
10 (2) If a temporary exclusion under paragraph (1) exceeds
11 72 hours, the official visitor may apply to the Commonwealth
12 Court for a ruling upon the secretary to show cause why the
13 official visitor should not be permitted entry into the State
14 correctional institution.
15 (c) Temporary denial of visitation for county correctional
16 institutions.--
17 (1) If the chief administrator of a county correctional
18 institution has previously determined that an emergency
19 exists at the county correctional institution, the chief
20 administrator may, with the approval of the president judge
21 of the court of common pleas of the county where the county
22 correctional institution is located, temporarily deny entry
23 to an official visitor.
24 (2) If a temporary exclusion under paragraph (1) exceeds
25 72 hours, the official visitor may apply to the Commonwealth
26 Court for a ruling upon the president judge to show cause why
27 the official visitor should not be permitted entry into the
28 county correctional institution.
29 (d) Interviews.--
30 (1) An official visitor may interview privately any
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1 inmate confined in any correctional institution and for that
2 purpose may enter the cell, room or apartment wherein any
3 inmates are confined.
4 (2) If the chief administrator at the time of the visit
5 is of the opinion that entry into a cell would be dangerous
6 to the discipline of the correctional institution, then the
7 chief administrator may conduct any inmates with whom the
8 official visitor may desire a private interview into another
9 cell or room as the chief administrator may designate and
10 there permit the private interview between the official
11 visitor and the inmate to take place.
12 (e) Official visitors and employees not exempt from
13 prosecution.--Official visitors and their employees shall not be
14 exempt from prosecution for any criminal offense, including, but
15 not limited to, a violation of 18 Pa.C.S. §§ 5121 (relating to
16 escape), 5122 (relating to weapons or implements for escape) and
17 5123 (relating to contraband).
18 (f) Decree of court.--
19 (1) If an official visitor violates any provision of
20 this section, any chief administrator of a correctional
21 institution may apply to the appropriate court for a ruling
22 upon the official visitor to show cause why the official
23 visitor should not be deprived of his official visitation
24 status.
25 (2) Upon proof to the satisfaction of the court, the
26 court shall enter a decree against the official visitor
27 depriving him of all rights, privileges and functions of an
28 official visitor.
29 § 3514. Employees of official visitor.
30 One employee of an official visitor may accompany the
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1 official visitor when visiting any correctional institution and
2 may be present during an interview conducted by the official
3 visitor.
4 CHAPTER 37
5 INMATE PRERELEASE PLANS
6 Sec.
7 3701. Establishment of prerelease centers.
8 3702. Prerelease plan for inmates.
9 3703. Rules and regulations.
10 3704. Salaries and wages of inmates.
11 § 3701. Establishment of prerelease centers.
12 The department shall establish, with the approval of the
13 Governor, prisoner prerelease centers at such locations
14 throughout this Commonwealth as it deems necessary to carry out
15 effective prisoner prerelease programs.
16 § 3702. Prerelease plan for inmates.
17 (a) Transfer authorization.--
18 (1) The secretary may transfer an inmate incarcerated in
19 any prerelease center or in any prerelease center located in
20 any State correctional institution who has not been sentenced
21 to death or life imprisonment to any prerelease center.
22 (2) The transfer of the inmate to the prerelease center
23 shall not occur where the transfer is not appropriate due to
24 a certified terminal illness.
25 (b) Temporary release.--An inmate transferred to and
26 confined in a prerelease center may be released temporarily with
27 or without direct supervision at the discretion of the
28 department, in accordance with rules and regulations as provided
29 in section 3703 (relating to rules and regulations), for the
30 purposes of gainful employment, vocational or technical
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1 training, academic education and such other lawful purposes as
2 the department shall consider necessary and appropriate for the
3 furtherance of the inmate's individual prerelease program
4 subject to compliance with subsection (c).
5 (c) Conditions for release of certain inmates.--
6 (1) An inmate who has not served his minimum sentence
7 may not be transferred to a prerelease center unless:
8 (i) more than 20 days have elapsed after written
9 notice of the proposed transfer, describing the inmate's
10 individual prerelease program, has been received by the
11 sentencing judge or, in the event the sentencing judge is
12 unavailable, the sentencing court and the prosecuting
13 district attorney's office and no written objection by
14 the judge containing the reason therefor has been
15 received by the department;
16 (ii) the judge withdraws his objection after
17 consultation with representatives of the department; or
18 (iii) approval of the proposed transfer is given by
19 the Board of Pardons.
20 (2) In the event of a timely objection by the judge,
21 representatives of the department shall meet with the judge
22 and attempt to resolve the disagreement.
23 (3) If, within 20 days of the department's receipt of
24 the objection:
25 (i) the judge does not withdraw his objection;
26 (ii) the department does not withdraw its proposal
27 for transfer; or
28 (iii) the judge and the department do not agree on
29 an alternate proposal for transfer, the matter shall be
30 listed for hearing at the next session of the Board of
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1 Pardons to be held in the hearing district in which the
2 judge is located.
3 (4) During the hearing before the Board of Pardons,
4 representatives of the judge, the department, the district
5 attorney of the county where the inmate was prosecuted and
6 any victim involved shall have the opportunity to be heard.
7 (d) Notice of release.--
8 (1) An inmate who has served his minimum sentence may be
9 released by the department only after notice to the judge
10 that the privilege is being granted.
11 (2) Notice of the release of an inmate shall be given to
12 the Pennsylvania State Police, the probation officer and the
13 sheriff or chief of police of the county, and the chief of
14 police of the municipality or township of the locality to
15 which the inmate is assigned or of the inmate's authorized
16 destination.
17 § 3703. Rules and regulations.
18 The department shall establish rules and regulations for
19 granting and administering release plans and shall determine
20 those inmates who may participate in any plan. If an inmate
21 violates the rules or regulations prescribed by the department,
22 the inmate's release privileges may be withdrawn. Failure of an
23 inmate to report to or return from the assigned place of
24 employment, training, education or other authorized destination
25 shall be deemed an offense under 18 Pa.C.S. § 5121 (relating to
26 escape).
27 § 3704. Salaries and wages of inmates.
28 (a) General rule.--The salaries or wages of inmates
29 gainfully employed under a plan established under this section
30 shall be collected by the department or its designated agents or
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1 employees. The wages shall not be subject to garnishment or
2 attachment for any purpose either in the hands of the employer
3 or the department during the inmate's term of imprisonment and
4 shall be disbursed only as provided in this section, but for tax
5 purposes they shall be income of the inmate.
6 (b) Use of salaries or wages.--The salaries or wages of an
7 inmate participating in a plan established under this section
8 shall be disbursed by the department in the following order:
9 (1) The board of the inmate, including food and
10 clothing.
11 (2) Necessary travel expense to and from work and other
12 incidental expenses of the inmate.
13 (3) Support of the inmate's dependents, if any.
14 (4) Payment, either in full or ratably, of the inmate's
15 obligations acknowledged by him in writing or which have been
16 reduced to judgment.
17 (5) The balance, if any, to the inmate upon his
18 discharge.
19 CHAPTER 39
20 MOTIVATIONAL BOOT CAMP
21 Sec.
22 3901. Scope of chapter.
23 3902. Declaration of policy.
24 3903. Definitions.
25 3904. Selection of inmate participants.
26 3905. Motivational boot camp program.
27 3906. Procedure for selection of participant in motivational
28 boot camp program.
29 3907. Completion of motivational boot camp program.
30 3908. Appeals.
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1 § 3901. Scope of chapter.
2 This chapter authorizes motivational boot camps.
3 § 3902. Declaration of policy.
4 The General Assembly finds and declares as follows:
5 (1) The Commonwealth recognizes the severe problem of
6 overcrowding in correctional institutions and understands
7 that overcrowding is a causative factor contributing to
8 insurrection and prison rioting.
9 (2) The Commonwealth also recognizes that the frequency
10 of convictions responsible for the dramatic expansion of the
11 population in correctional institutions is attributable in
12 part to the increased use of drugs and alcohol.
13 (3) The Commonwealth, in wishing to salvage the
14 contributions and dedicated work which its displaced citizens
15 may someday offer, is seeking to explore alternative methods
16 of incarceration which might serve as the catalyst for
17 reducing criminal behavior.
18 § 3903. Definitions.
19 The following words and phrases when used in this chapter
20 shall have the meanings given to them in this section unless the
21 context clearly indicates otherwise:
22 "Commission." The Pennsylvania Commission on Sentencing.
23 "Eligible inmate." A person sentenced to a term of
24 confinement under the jurisdiction of the Department of
25 Corrections who is serving a term of confinement, the minimum of
26 which is not more than two years and the maximum of which is
27 five years or less or an inmate who is serving a term of
28 confinement the minimum of which is not more than three years
29 where that inmate is within two years of completing his minimum
30 term, and who has not reached 35 years of age at the time he is
20050S0506B2110 - 102 -
1 approved for participation in the motivational boot camp
2 program. The term shall not include any inmate who is subject to
3 a sentence the calculation of which included an enhancement for
4 the use of a deadly weapon as defined pursuant to the sentencing
5 guidelines promulgated by the Pennsylvania Commission on
6 Sentencing or any inmate serving a sentence for any violation of
7 one or more of the following provisions:
8 18 Pa.C.S. § 2502 (relating to murder).
9 18 Pa.C.S. § 2503 (relating to voluntary manslaughter).
10 18 Pa.C.S. § 2506 (relating to drug delivery resulting in
11 death).
12 18 Pa.C.S. § 2901 (relating to kidnapping).
13 18 Pa.C.S. § 3121 (relating to rape).
14 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual
15 intercourse).
16 18 Pa.C.S. § 3124.1 (relating to sexual assault).
17 18 Pa.C.S. § 3125 (relating to aggravated indecent
18 assault).
19 18 Pa.C.S. § 3301(a)(1)(i) (relating to arson and related
20 offenses).
21 18 Pa.C.S. § 3502 (relating to burglary) in the case of
22 burglary of a structure adapted for overnight accommodation
23 in which at the time of the offense any person is present.
24 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to
25 robbery).
26 18 Pa.C.S. § 3702 (relating to robbery of motor vehicle).
27 18 Pa.C.S. § 7508 (a)(1)(iii), (2)(iii), (3)(iii) or
28 (4)(iii) (relating to drug trafficking sentencing and
29 penalties).
30 "Motivational boot camp." A program in which eligible
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1 inmates participate for a period of six months in a humane
2 program for motivational boot camp programs which shall provide
3 for rigorous physical activity, intensive regimentation and
4 discipline, work on public projects, substance abuse treatment
5 services licensed by the Department of Health, continuing
6 education, vocational training, prerelease counseling and
7 community corrections aftercare.
8 § 3904. Selection of inmate participants.
9 (a) Duties of commission.--Through the use of sentencing
10 guidelines, the commission shall employ the definition of
11 "eligible inmate" as provided in this chapter to further
12 identify inmates who would be appropriate for participation in a
13 motivational boot camp.
14 (b) Duties of sentencing judge.--The sentencing judge shall
15 employ the sentencing guidelines to identify those defendants
16 who are eligible for participation in a motivational boot camp.
17 The judge shall have the discretion to exclude a defendant from
18 eligibility if the judge determines that the defendant would be
19 inappropriate for placement in a motivational boot camp. The
20 judge shall note on the sentencing order whether the defendant
21 has been identified as eligible for a motivational boot camp
22 program.
23 (c) Duties of department.--The secretary shall promulgate
24 rules and regulations providing for inmate selection criteria
25 and the establishment of motivational boot camp selection
26 committees within each diagnostic and classification center of
27 the department.
28 § 3905. Motivational boot camp program.
29 (a) Establishment.--There is hereby established in the
30 department a motivational boot camp program.
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1 (b) Program objectives.--The objectives of the program are:
2 (1) To protect the health and safety of the Commonwealth
3 by providing a program which will reduce recidivism and
4 promote characteristics of good citizenship among eligible
5 inmates.
6 (2) To divert inmates who ordinarily would be sentenced
7 to traditional forms of confinement under the custody of the
8 department to motivational boot camps.
9 (3) To provide discipline and structure to the lives of
10 eligible inmates and to promote these qualities in the
11 postrelease behavior of eligible inmates.
12 (c) Rules and regulations.--
13 (1) The secretary shall promulgate rules and regulations
14 which shall include, but not be limited to, inmate
15 discipline, selection criteria, programming and supervision
16 and administration.
17 (2) The department shall provide four weeks of intensive
18 training for all staff prior to the start of their
19 involvement with the program.
20 (d) Approval.--Motivational boot camp programs may be
21 established only at correctional institutions classified by the
22 secretary as motivational boot camp institutions.
23 (e) Evaluation.--The department and the commission shall
24 monitor and evaluate the motivational boot camp programs to
25 ensure that the programmatic objectives are met. Both shall
26 present biennial reports of the evaluations to the Judiciary
27 Committee of the Senate and the Judiciary Committee of the House
28 of Representatives no later than February 1 in alternate years.
29 § 3906. Procedure for selection of participant in motivational
30 boot camp program.
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1 (a) Application.--An eligible inmate may make an application
2 to the motivational boot camp selection committee for permission
3 to participate in the motivational boot camp program.
4 (b) Selection.--If the selection committee determines that
5 an inmate's participation in the program is consistent with the
6 safety of the community, the welfare of the applicant, the
7 programmatic objectives and the rules and regulations of the
8 department, the committee shall forward the application to the
9 secretary or his designee for approval or disapproval.
10 (c) Conditions.--Applicants may not participate in the
11 motivational boot camp program unless they agree to be bound by
12 all the terms and conditions thereof and indicate their
13 agreement by signing a memorandum of understanding.
14 (d) Qualifications to participate.--Satisfaction of the
15 qualifications set forth in this section to participate does not
16 mean that an inmate will automatically be permitted to
17 participate in the program.
18 (e) Expulsion from program.--
19 (1) An inmate's participation in the motivational boot
20 camp unit may be suspended or revoked for administrative or
21 disciplinary reasons.
22 (2) The department shall develop regulations consistent
23 with this subsection.
24 § 3907. Completion of motivational boot camp program.
25 Upon certification by the department of the inmate's
26 successful completion of the program, the Pennsylvania Board of
27 Probation and Parole shall immediately release the inmate on
28 parole, notwithstanding any minimum sentence imposed in the
29 case. The parolee will be subject to intensive supervision for a
30 period of time determined by the board, after which the parolee
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1 will be subject to the usual parole supervision. For all other
2 purposes, the parole of the inmate shall be as provided by
3 Chapter 61 (relating to Pennsylvania Board of Probation and
4 Parole).
5 § 3908. Appeals.
6 Nothing in this chapter shall be construed to enlarge or
7 limit the right of an inmate to appeal his or her sentence.
8 CHAPTER 41
9 STATE INTERMEDIATE PUNISHMENT
10 Sec.
11 4101. Scope of chapter.
12 4102. Findings and purpose.
13 4103. Definitions.
14 4104. Referral to State intermediate punishment program.
15 4105. Drug offender treatment program.
16 4106. Written guidelines and regulations.
17 4107. Reports.
18 4108. Construction.
19 4109. Evaluation.
20 § 4101. Scope of chapter.
21 This chapter relates to State intermediate punishment.
22 § 4102. Findings and purpose.
23 The General Assembly finds as follows:
24 (1) Many crimes are committed by persons who, because of
25 their addiction to drugs or alcohol, are unable to maintain
26 gainful employment.
27 (2) These persons often commit crimes as a means of
28 obtaining the funds necessary to purchase drugs or alcohol.
29 (3) Many persons commit crimes while under the influence
30 of drugs or alcohol even though they are not addicted to such
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1 substances in a clinical sense.
2 (4) Punishing persons who commit crimes is an important
3 aspect of recognizing the harm that criminals visit upon
4 their victims.
5 (5) Many people who commit crimes will be able to become
6 law-abiding, contributing members of society if they are able
7 to obtain treatment for their drug or alcohol addiction or
8 abuse.
9 (6) The purpose of this chapter is to create a program
10 that punishes person who commit crimes, but also provides
11 treatment that offers the opportunity for those persons to
12 address their drug or alcohol addiction or abuse and thereby
13 reduce the incidents of recidivism and enhance public safety.
14 § 4103. Definitions.
15 The following words and phrases when used in this chapter
16 shall have the meanings given to them in this section unless the
17 context clearly indicates otherwise:
18 "Commission." The Pennsylvania Commission on Sentencing.
19 "Community-based therapeutic community." A long-term
20 residential addiction treatment program licensed by the
21 Department of Health to provide addiction treatment services
22 using a therapeutic community model and determined by the
23 Department of Corrections to be qualified to provide addiction
24 treatment to eligible offenders.
25 "Community corrections center." A residential program that
26 is supervised and operated by the Department of Corrections for
27 inmates with prerelease status or who are on parole.
28 "Court." The trial judge exercising sentencing jurisdiction
29 over an eligible offender under this chapter or the president
30 judge if the original trial judge is no longer serving as a
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1 judge of the sentencing court.
2 "Defendant." An individual charged with a drug-related
3 offense.
4 "Department." The Department of Corrections of the
5 Commonwealth.
6 "Drug offender treatment program." An individualized
7 treatment program established by the Department of Corrections
8 consisting primarily of drug and alcohol addiction treatment
9 that satisfies the terms and conditions listed in section 4105
10 (relating to drug offender treatment program).
11 "Drug-related offense." A criminal offense for which a
12 defendant is convicted and that the court determines was
13 motivated by the defendant's consumption of or addiction to
14 alcohol or a controlled substance, counterfeit, designer drug,
15 drug, immediate precursor or marihuana, as those terms are
16 defined in the act of April 14, 1972 (P.L.233, No.64), known as
17 The Controlled Substance, Drug, Device and Cosmetic Act.
18 "Eligible offender." Subject to 42 Pa.C.S. § 9721(a.1)
19 (relating to sentencing generally), a defendant designated by
20 the sentencing court as a person convicted of a drug-related
21 offense who:
22 (1) Has undergone an assessment performed by the
23 Department of Corrections, which assessment has concluded
24 that the defendant is in need of drug and alcohol addiction
25 treatment and would benefit from commitment to a drug
26 offender treatment program and that placement in a drug
27 offender treatment program would be appropriate.
28 (2) Does not demonstrate a history of present or past
29 violent behavior.
30 (3) Would be placed in the custody of the department if
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1 not sentenced to State intermediate punishment.
2 (4) Provides written consent permitting release of
3 information pertaining to the defendant's participation in a
4 drug offender treatment program.
5 The term shall not include a defendant who is subject to a
6 sentence the calculation of which includes an enhancement for
7 the use of a deadly weapon, as defined pursuant to law or the
8 sentencing guidelines promulgated by the Pennsylvania Commission
9 on Sentencing, or a defendant who has been convicted of a
10 personal injury crime as defined in section 103 of the act of
11 November 24, 1998 (P.L.882, No.111), known as the Crime Victims
12 Act, or an attempt or conspiracy to commit such a crime or who
13 has been convicted of violating 18 Pa.C.S. § 4302 (relating to
14 incest), 5901 (relating to open lewdness), 6312 (relating to
15 abuse of children), 6318 (relating to unlawful contact with
16 minor) or 6320 (relating to sexual exploitation of children) or
17 Ch. 76 Subch. C (relating to Internet child pornography).
18 "Expulsion." The permanent removal of a participant from a
19 drug offender treatment program.
20 "Group home." A residential program that is contracted out
21 by the Department of Corrections to a private service provider
22 for inmates with prerelease status or who are on parole.
23 "Individualized drug offender treatment plan." An
24 individualized addiction treatment plan within the framework of
25 the drug offender treatment program.
26 "Institutional therapeutic community." A residential drug
27 treatment program in a State correctional institution,
28 accredited as a therapeutic community for treatment of drug and
29 alcohol abuse and addiction by the American Correctional
30 Association or other nationally recognized accreditation
20050S0506B2110 - 110 -
1 organization for therapeutic community drug and alcohol
2 addiction treatment.
3 "Outpatient addiction treatment facility." An addiction
4 treatment facility licensed by the Department of Health and
5 designated by the Department of Corrections as qualified to
6 provide addiction treatment to criminal justice offenders.
7 "Participant." An eligible offender actually sentenced to
8 State intermediate punishment pursuant to 42 Pa.C.S. §
9 9721(a)(7) (relating to sentencing generally).
10 "Transitional residence." A residence investigated and
11 approved by the Department of Corrections as appropriate for
12 housing a participant in a drug offender treatment program.
13 § 4104. Referral to State intermediate punishment program.
14 (a) Referral for evaluation.--
15 (1) Prior to imposing a sentence, the court may, upon
16 motion of the Commonwealth and agreement of the defendant,
17 commit a defendant to the custody of the department for the
18 purpose of evaluating whether the defendant would benefit
19 from a drug offender treatment program and whether placement
20 in the drug offender treatment program is appropriate.
21 (2) Upon committing a defendant to the department, the
22 court shall forward to the department:
23 (i) A summary of the offense for which the defendant
24 has been convicted.
25 (ii) Information relating to the defendant's history
26 of delinquency or criminality, including the information
27 maintained by the court pursuant to 42 Pa.C.S. Ch. 63
28 (relating to juvenile matters), when available.
29 (iii) Information relating to the defendant's
30 history of drug or alcohol abuse or addiction, when
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1 available.
2 (iv) A presentence investigation report, when
3 available.
4 (v) Any other information the court deems relevant
5 to assist the department with its assessment of the
6 defendant.
7 (b) Assessment of addiction.--
8 (1) The department shall conduct an assessment of the
9 addiction and other treatment needs of a defendant and
10 determine whether the defendant would benefit from a drug
11 offender treatment program. The assessment shall be conducted
12 using a nationally recognized assessment instrument or an
13 instrument that has been normed and validated on the
14 department's inmate population by a recognized expert in such
15 matters. The assessment instrument shall be administered by
16 persons skilled in the treatment of drug and alcohol
17 addiction and trained to conduct assessments. The assessments
18 shall be reviewed and approved by a supervisor with at least
19 three years of experience providing drug and alcohol
20 counseling services.
21 (2) The department shall conduct risk and other
22 assessments it deems appropriate and shall provide a report
23 of its assessment to the court, the defendant, the attorney
24 for the Commonwealth and the commission within 60 days of the
25 court's commitment of the defendant to the custody of the
26 department.
27 (c) Proposed drug offender treatment program.--If the
28 department in its discretion believes a defendant would benefit
29 from a drug offender treatment program and placement in the drug
30 offender treatment program is appropriate, the department shall
20050S0506B2110 - 112 -
1 provide the court, the defendant, the attorney for the
2 Commonwealth and the commission with a proposed drug offender
3 treatment program detailing the type of treatment proposed.
4 (d) Prerequisites for commitment.--Upon receipt of a
5 recommendation for placement in a drug offender treatment
6 program from the department and agreement of the attorney for
7 the Commonwealth and the defendant, the court may sentence an
8 eligible offender to a period of 24 months of State intermediate
9 punishment if the court finds that:
10 (1) The eligible offender is likely to benefit from
11 State intermediate punishment.
12 (2) Public safety would be enhanced by the eligible
13 offender's participation in State intermediate punishment.
14 (3) Sentencing the eligible offender to State
15 intermediate punishment would not depreciate the seriousness
16 of the offense.
17 (e) Consecutive probation.--Nothing in this chapter shall
18 prohibit the court from sentencing an eligible offender to a
19 consecutive period of probation. The total duration of the
20 sentence may not exceed the maximum term for which the eligible
21 offender could otherwise be sentenced.
22 (f) Applicability and program limitations.--The court may
23 not modify or alter the terms of the department's proposed
24 individualized drug offender treatment plan without the
25 agreement of the department and the attorney for the
26 Commonwealth.
27 (g) Videoconferencing.--The department shall make
28 videoconferencing facilities available to allow the court to
29 conduct proceedings necessary under this section when the
30 eligible offender has been committed to the custody of the
20050S0506B2110 - 113 -
1 department pursuant to subsection (b).
2 § 4105. Drug offender treatment program.
3 (a) Establishment.--The department shall establish and
4 administer a drug offender treatment program as a State
5 intermediate punishment. The program shall be designed to
6 address the individually assessed drug and alcohol abuse and
7 addiction needs of a participant and shall address other issues
8 essential to the participant's successful reintegration into the
9 community, including, but not limited to, educational and
10 employment issues.
11 (b) Duration and components.--Notwithstanding any credit to
12 which the defendant may be entitled under 42 Pa.C.S. § 9760
13 (relating to credit for time served), the duration of the drug
14 offender treatment program shall be 24 months and shall include
15 the following:
16 (1) A period in a State correctional institution of not
17 less than seven months. This period shall include:
18 (i) The time during which the defendants are being
19 evaluated by the department under section 4104(b)
20 (relating to referral to State intermediate punishment
21 program).
22 (ii) Following evaluation under subparagraph (i),
23 not less than four months shall be in an institutional
24 therapeutic community.
25 (2) A period of treatment in a community-based
26 therapeutic community of at least two months.
27 (3) A period of at least six months' treatment through
28 an outpatient addiction treatment facility. During the
29 outpatient addiction treatment period of the drug offender
30 treatment program, the participant may be housed in a
20050S0506B2110 - 114 -
1 community corrections center or group home or placed in an
2 approved transitional residence. The participant must comply
3 with any conditions established by the department regardless
4 of where the participant resides during the outpatient
5 addiction treatment portion of the drug offender treatment
6 program.
7 (4) A period of supervised reintegration into the
8 community for the balance of the drug offender treatment
9 program, during which the participant shall continue to be
10 supervised by the department and comply with any conditions
11 imposed by the department.
12 (c) Program management.--
13 (1) Consistent with the minimum time requirements set
14 forth in subsection (b), the department may transfer, at its
15 discretion, a participant between a State correctional
16 institution, an institutional therapeutic community, a
17 community-based therapeutic community, an outpatient
18 addiction treatment program and an approved transitional
19 residence. The department may also transfer a participant
20 back and forth between less restrictive and more restrictive
21 settings based upon the participant's progress or regression
22 in treatment or for medical, disciplinary or other
23 administrative reasons.
24 (2) This subsection shall be construed to provide the
25 department with the maximum flexibility to administer the
26 drug offender treatment program both as a whole and for
27 individual participants.
28 (d) Right of refusal to admit.--The administrator of a
29 community-based therapeutic community or outpatient addiction
30 treatment facility may refuse to accept a participant whom the
20050S0506B2110 - 115 -
1 administrator deems to be inappropriate for admission and may
2 immediately discharge to the custody of the department any
3 participant who fails to comply with facility rules and
4 treatment expectations or refuses to constructively engage in
5 the treatment process.
6 (e) Notice to court of completion of program.--When the
7 department determines that a participant has successfully
8 completed the drug offender treatment program, it shall notify
9 the sentencing court, the attorney for the Commonwealth and the
10 commission.
11 (f) Expulsion from program.--
12 (1) A participant may be expelled from the drug offender
13 treatment program at any time in accordance with guidelines
14 established by the department, including failure to comply
15 with administrative or disciplinary procedures or
16 requirements set forth by the department.
17 (2) The department shall promptly notify the court, the
18 defendant, the attorney for the Commonwealth and the
19 commission of the expulsion of a participant from the drug
20 offender treatment program and the reason for such expulsion.
21 The participant shall be housed in a State correctional
22 institution or county jail pending action by the court.
23 (3) The court shall schedule a prompt State intermediate
24 punishment revocation hearing pursuant to 42 Pa.C.S. § 9774
25 (relating to revocation of State intermediate punishment
26 sentence).
27 § 4106. Written guidelines and regulations.
28 The department shall develop written guidelines for
29 participant selection criteria and the establishment of drug
30 offender treatment program selection committees within each
20050S0506B2110 - 116 -
1 diagnostic and classification center of the department and shall
2 address suspensions and expulsions from the drug offender
3 treatment program. The guidelines shall not be subject to the
4 act of June 25, 1982 (P.L.633, No.181), known as the Regulatory
5 Review Act, and shall be effective for a period of two years
6 upon publication in the Pennsylvania Bulletin. The guidelines
7 shall be replaced by regulations promulgated by the department
8 consistent with the Regulatory Review Act within the two-year
9 period during which the guidelines are effective. The
10 regulations shall include a requirement that community-based
11 therapeutic communities utilized in the drug offender treatment
12 program be accredited as a therapeutic community for treatment
13 of drug and alcohol abuse and addiction by the Commission on
14 Accreditation of Rehabilitation Facilities or other nationally
15 recognized accreditation organization for community-based
16 therapeutic communities for drug and alcohol addiction
17 treatment.
18 § 4107. Reports.
19 (a) Final report.--The department shall provide a final
20 report to the court, the defendant, the attorney for the
21 Commonwealth and the commission on a participant's progress in
22 the drug offender treatment program.
23 (b) Evaluation and report to General Assembly.--The
24 department and the commission shall monitor and evaluate the
25 drug offender treatment program to ensure that the programmatic
26 objectives are met. In odd-numbered years, the department shall
27 present a report of its evaluation to the Judiciary Committee of
28 the Senate and the Judiciary Committee of the House of
29 Representatives no later than February 1. In even-numbered
30 years, the commission shall present a report of its evaluation
20050S0506B2110 - 117 -
1 to the Judiciary Committee of the Senate and the Judiciary
2 Committee of the House of Representatives no later than February
3 1. The report shall include:
4 (1) The number of offenders evaluated for the drug
5 offender treatment program.
6 (2) The number of offenders sentenced to the drug
7 offender treatment program.
8 (3) The number of offenders sentenced to a State
9 correctional institution who may have been eligible for the
10 drug offender treatment program.
11 (4) The number of offenders successfully completing the
12 drug offender treatment program.
13 (5) The six-month, one-year, three-year and five-year
14 recidivism rates for offenders who have completed the drug
15 offender treatment program and for a comparison group of
16 offenders who were not placed in the drug offender treatment
17 program.
18 (6) Any changes the department or the commission
19 believes will make the drug offender treatment program more
20 effective.
21 § 4108. Construction.
22 Notwithstanding any other provision of law to the contrary,
23 this chapter shall not be construed to:
24 (1) Confer any legal right upon any individual,
25 including an individual participating in the drug offender
26 treatment program, to:
27 (i) participate in a drug offender treatment
28 program;
29 (ii) continue participation in a drug offender
30 treatment program;
20050S0506B2110 - 118 -
1 (iii) modify the contents of the drug offender
2 treatment program; or
3 (iv) file any cause of action in any court
4 challenging the department's determination that a
5 participant be suspended or expelled from or that a
6 participant has successfully completed or failed to
7 successfully complete treatment to be provided during any
8 portion of a drug offender treatment program.
9 (2) Enlarge or limit the right of a participant to
10 appeal the participant's sentence.
11 § 4109. Evaluation.
12 The department and the commission shall monitor and evaluate
13 the motivational boot camp program under Chapter 39 (relating to
14 motivational boot camp) to ensure that the programmatic
15 objectives are met. In even-numbered years, the department shall
16 present a report of its evaluation to the Judiciary Committee of
17 the Senate and the Judiciary Committee of the House of
18 Representatives no later than February 1. In odd-numbered years,
19 the commission shall present a report of its evaluation to the
20 Judiciary Committee of the Senate and the Judiciary Committee of
21 the House of Representatives no later than February 1.
22 CHAPTER 43
23 EXECUTION PROCEDURE AND METHOD
24 Sec.
25 4301. Definitions.
26 4302. Issuance of warrant.
27 4303. Terms of confinement.
28 4304. Method of execution.
29 4305. Witnesses to execution.
30 4306. Certification of chief administrator.
20050S0506B2110 - 119 -
1 4307. Postmortem examination.
2 4308. Costs of execution and examination.
3 § 4301. Definitions.
4 The following words and phrases when used in this chapter
5 shall have the meanings given to them in this section unless the
6 context clearly indicates otherwise:
7 "Victim." The term shall have the same meaning given to it
8 in section 103 of the act of November 24, 1998 (P.L.882,
9 No.111), known as the Crime Victims Act.
10 "Victim advocate." The victim advocate within the
11 Pennsylvania Board of Probation and Parole.
12 § 4302. Issuance of warrant.
13 (a) Time.--
14 (1) After the receipt of the record pursuant to 42
15 Pa.C.S. § 9711(i) (relating to sentencing procedure for
16 murder of the first degree), unless a pardon or commutation
17 has been issued, the Governor shall, within 90 days, issue a
18 warrant specifying a day for execution which shall be no
19 later than 60 days after the date the warrant is signed.
20 (2) If because of a reprieve or a judicial stay of the
21 execution the date of execution passes without imposition of
22 the death penalty, unless a pardon or commutation has been
23 issued, the Governor shall, within 30 days after receiving
24 notice of the termination of the reprieve or the judicial
25 stay, reissue a warrant specifying a day for execution which
26 shall be no later than 60 days after the date of reissuance
27 of the warrant.
28 (b) Secretary.--The warrant shall be directed to the
29 secretary commanding that the subject of the warrant be executed
30 on the day named in the warrant and in the manner prescribed by
20050S0506B2110 - 120 -
1 law.
2 (c) Failure to timely comply.--If the Governor fails to
3 timely comply with the provisions of this section and a pardon
4 or commutation has not been issued, the secretary shall, within
5 30 days following the Governor's failure to comply, schedule and
6 carry out the execution no later than 60 days from the date by
7 which the Governor was required to sign the warrant under
8 subsection (a).
9 § 4303. Terms of confinement.
10 Upon receipt of the warrant, the secretary shall, until
11 infliction of the death penalty or until lawful discharge from
12 custody, keep the inmate in solitary confinement. During the
13 confinement, no person shall be allowed access to the inmate
14 without an order of the sentencing court, except the following:
15 (1) The staff of the department.
16 (2) The inmate's counsel of record or other attorney
17 requested by the inmate.
18 (3) A spiritual adviser selected by the inmate or the
19 members of the immediate family of the inmate.
20 § 4304. Method of execution.
21 (a) Injection.--
22 (1) The death penalty shall be inflicted by injecting
23 the convict with a continuous intravenous administration of a
24 lethal quantity of an ultrashort-acting barbiturate in
25 combination with chemical paralytic agents approved by the
26 department until death is pronounced by the coroner. The
27 coroner shall issue the death certificate.
28 (2) The execution shall be supervised by the chief
29 administrator or his designee of the State correctional
30 institution designated by the department for the execution.
20050S0506B2110 - 121 -
1 (b) Injection agents.--Notwithstanding section 13 of the act
2 of April 14, 1972 (P.L.233, No.64), known as The Controlled
3 Substance, Drug, Device and Cosmetic Act, the secretary or his
4 designee may obtain the injection agents directly from a
5 pharmacist or manufacturer.
6 § 4305. Witnesses to execution.
7 (a) List of witnesses.--No person except the following shall
8 witness any execution under the provisions of this chapter:
9 (1) The chief administrator or his designee of the State
10 correctional institution where the execution takes place.
11 (2) Six reputable adult citizens selected by the
12 secretary.
13 (3) One spiritual adviser, when requested and selected
14 by the inmate.
15 (4) Not more than six duly accredited representatives of
16 the news media.
17 (5) Such staff of the department as may be selected by
18 the secretary.
19 (6) Not more than four victims registered with and
20 selected by the victim advocate.
21 (b) Witnesses.--The secretary may refuse participation by a
22 witness for safety or security reasons. The department shall
23 make reasonable efforts to provide victims a viewing area
24 separate and apart from the area to which other witnesses are
25 admitted.
26 (c) Confidentiality.--The identity of department employees,
27 department contractors or victims who participate in the
28 administration of an execution pursuant to this section shall be
29 confidential.
30 § 4306. Certification of chief administrator.
20050S0506B2110 - 122 -
1 After the execution, the chief administrator or his designee
2 shall certify in writing, under oath or affirmation, to the
3 court of the county where the inmate was sentenced to death that
4 the inmate was duly executed in accordance with this chapter.
5 The certificate shall be filed in the office of the clerk of
6 such court.
7 § 4307. Postmortem examination.
8 (a) General rule.--Immediately after execution, a postmortem
9 examination of the body of the inmate shall be made at the
10 discretion of the coroner of the county in which the execution
11 is performed. The coroner shall report the nature of any
12 examination made. This report shall be annexed to and filed with
13 the certificate required under section 4306 (relating to
14 certification of chief administrator).
15 (b) Disposition of body.--After the postmortem examination,
16 unless claimed by a relative or relatives, the department shall
17 be responsible for disposition of the body.
18 § 4308. Costs of execution and examination.
19 The actual and necessary costs of the execution and the
20 postmortem examination shall be paid by the department.
21 CHAPTER 59
22 MISCELLANEOUS PROVISIONS
23 Sec.
24 5901. Physical welfare of inmates.
25 5902. Contraband prohibited.
26 5903. Inmate uniforms.
27 5904. Assessment and collection of costs.
28 § 5901. Physical welfare of inmates.
29 (a) Physical exercise.--
30 (1) A chief administrator who may or shall have in
20050S0506B2110 - 123 -
1 charge any inmate, whether the inmate has been tried or not,
2 shall provide the inmate with at least two hours of daily
3 physical exercise in the open, weather permitting, and upon
4 such days on which the weather is inclement, with two hours
5 of daily physical exercise inside of the correctional
6 institution.
7 (2) The physical exercise must be safe and practical,
8 and the judges of several courts are to be the judges
9 thereof.
10 (3) Inmates in segregation or disciplinary status shall
11 receive a minimum of at least one hour of daily exercise five
12 days per week.
13 (b) Limitation.--The physical exercise required by
14 subsection (a) shall not be taken by an inmate within the
15 confines of his cell or room in which the inmate is confined.
16 (c) Applicability.--This section shall not apply to inmates
17 who are confined and not physically able to take the required
18 physical exercise.
19 § 5902. Contraband prohibited.
20 (a) Alcohol and drugs.--No spirituous or fermented liquors,
21 drug, medicine, poison, opium, morphine or any other kind or
22 character of narcotics shall, on any pretense whatever:
23 (1) be sold or given away in a correctional institution
24 or in any building appurtenant thereto, or on the land
25 granted to or owned or leased by the Commonwealth for the use
26 and benefit of inmates; or
27 (2) be brought into a correctional institution or any
28 building appurtenant thereto, or on to the land granted to or
29 owned or leased by the Commonwealth for the use of and
30 benefit of inmates, without a written permit signed by the
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1 physician of the correctional institution specifying the
2 quantity and quality of the liquor or narcotic which may be
3 furnished to the inmate or employee in the prison and the
4 name of the inmate or employee for whom and the time when the
5 liquor or narcotic may be furnished, except the ordinary
6 hospital supply of the prisons.
7 (b) Permit.--The permit shall be delivered to and kept by
8 the chief administrator.
9 (c) No secured storage.--No spirituous or fermented liquor,
10 drug, medicine, poison, opium, morphine or any other kind or
11 character of narcotic shall be sold, given away or furnished,
12 either directly or indirectly, to an inmate, either in or
13 anywhere outside of the correctional institution, or be disposed
14 of in such manner or in such a place that it may be secured by
15 an inmate or employee of the prison.
16 (d) Tobacco.--Tobacco may be supplied and used, subject to
17 such regulations as may be adopted by the chief administrator.
18 (e) Weapons.--No weapon or other implement which may be used
19 to injure an inmate or person or in assisting an inmate to
20 escape from imprisonment shall:
21 (1) be sold, given away or furnished to an inmate in any
22 correctional institution or any building appurtenant thereto,
23 or on the land granted to or owned or leased by the
24 Commonwealth for the use and benefit of inmates;
25 (2) be brought into any correctional institution or any
26 building appurtenant thereto, or on to the land granted to or
27 owned or leased by the Commonwealth for the use and benefit
28 of inmates; or
29 (3) be sold, given away or furnished, either directly or
30 indirectly, to an inmate, either in or anywhere outside of
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1 the correctional institution, or be disposed of in such a
2 manner or in such a place that it may be secured by an inmate
3 in the correctional institution.
4 (f) Searches.--A chief administrator may search or cause to
5 have searched any person coming to the correctional institution
6 as a visitor, or in any other capacity, who is suspected of
7 having upon his person:
8 (1) any weapon or other implement which may be used to
9 injure an inmate or any other person or in assisting an
10 inmate to escape from imprisonment; or
11 (2) any spirituous or fermented liquor, drug, medicine,
12 poison, opium, morphine or any other kind or character of
13 narcotics.
14 (g) Penalty.--A person who violates any of the provisions of
15 this section commits a felony and shall, upon conviction, be
16 sentenced to pay a fine of not more than $1,000 or to
17 imprisonment for not more than five years, or both.
18 § 5903. Inmate uniforms.
19 While incarcerated, an inmate of a State correctional
20 institution shall wear identifiable prison uniforms and shall
21 not wear civilian clothing.
22 § 5904. Assessment and collection of costs.
23 (a) Power of department.--When the department determines
24 that there has been a financial loss or cost as a result of a
25 violation of a written rule governing inmate behavior,
26 including, but not limited to, property loss or damage or use of
27 a controlled substance, the department may require the inmate to
28 pay to the department, or to the person whose property has been
29 lost or damaged, the value of the property or the costs incurred
30 in the investigation and administrative review of the behavior.
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1 (b) Procedures.--The department shall develop written
2 procedures relating to the determination, assessment and
3 collection of the costs of losses due to inmate misconduct. When
4 the procedures have been adopted by the department, the
5 provisions of 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and
6 procedure of Commonwealth agencies) shall not apply to
7 proceedings conducted by the department under this section.
8 (c) Deduction from inmate's institutional account.--
9 (1) The department may deduct from an inmate's
10 institutional account the amount of any judgment, court-
11 ordered costs or assessments against the inmate under
12 subsection (a).
13 (2) Notice of the deduction shall be provided to the
14 inmate by certified mail or personal notice.
15 PART IV
16 PROBATION AND PAROLE
17 Chapter
18 61. Pennsylvania Board of Probation and Parole
19 63. County Probation Officers' Firearm Education and
20 Training
21 CHAPTER 61
22 PENNSYLVANIA BOARD OF PROBATION AND PAROLE
23 Subchapter
24 A. Preliminary Provisions
25 B. Administration
26 C. Powers and Duties
27 D. State Parole Agents
28 SUBCHAPTER A
29 PRELIMINARY PROVISIONS
30 Sec.
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1 6101. Definitions.
2 6102. Operation of parole system generally.
3 § 6101. Definitions.
4 The following words and phrases when used in this chapter
5 shall have the meanings given to them in this section unless the
6 context clearly indicates otherwise:
7 "Board." The Pennsylvania Board of Probation and Parole.
8 § 6102. Operation of parole system generally.
9 The parole system shall operate consistent with the following
10 provisions:
11 (1) The parole system provides several benefits to the
12 criminal justice system, including the provision of adequate
13 supervision of the offender while protecting the public, the
14 opportunity for the offender to become a useful member of
15 society and the diversion of appropriate offenders from
16 prison.
17 (2) In providing these benefits to the criminal justice
18 system, the board shall first and foremost seek to protect
19 the safety of the public.
20 (3) In addition to this goal, the board shall address
21 input by crime victims and assist in the fair administration
22 of justice by ensuring the custody, control and treatment of
23 paroled offenders.
24 SUBCHAPTER B
25 ADMINISTRATION
26 Sec.
27 6111. Pennsylvania Board of Probation and Parole.
28 6112. Board chairperson.
29 6113. Board action.
30 6114. Salaries of board members.
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1 6115. Incompatible offices and removal.
2 6116. Meetings.
3 6117. Official seal.
4 6118. Offices.
5 6119. District directors.
6 6120. District office employees.
7 6121. Disciplinary action.
8 6122. Political activities.
9 6123. Advisory committee.
10 § 6111. Pennsylvania Board of Probation and Parole.
11 (a) Establishment.--The Pennsylvania Board of Probation and
12 Parole is reestablished as an independent administrative board
13 for the administration of the probation and parole laws of this
14 Commonwealth.
15 (b) Membership.--The board shall consist of nine members who
16 shall be appointed by the Governor, by and with the advice and
17 consent of a majority of the members of the Senate, and each of
18 whom shall hold office for a term of six years or until that
19 person's successor shall have been duly appointed and qualified,
20 but in no event more than 90 days beyond the expiration of that
21 person's appointed term.
22 (c) Vacancies.--
23 (1) Vacancies occurring in an office of member of the
24 board by expiration of term, death, resignation, removal or
25 for any other reason shall be filled in the manner provided
26 by section 8 of Article IV of the Constitution of
27 Pennsylvania for the remainder of the term.
28 (2) Whenever a board member's term expires, that
29 member's position shall be immediately deemed a vacancy, and
30 the Governor shall nominate a person to fill that membership
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1 position on the board within 90 days of the date of
2 expiration, even if the member continues to remain on the
3 board.
4 (d) Eligibility.--To be eligible to be appointed by the
5 Governor for membership on the board, an individual shall have
6 at least six years of professional experience in parole,
7 probation, social work or related areas, including one year in a
8 supervisory or administrative capacity, and a bachelor's degree.
9 Any equivalent combination of experience and training shall be
10 acceptable.
11 (e) General powers.--Subject to the provisions of this
12 chapter, the board shall have all the powers and shall perform
13 the duties generally vested in and imposed upon independent
14 administrative boards and commissions by the act of April 9,
15 1929 (P.L.177, No.175), known as The Administrative Code of
16 1929, and shall be subject to all the provisions of that act
17 applicable generally to independent administrative boards and
18 commissions.
19 § 6112. Board chairperson.
20 (a) Designation by Governor.--The Governor shall from time
21 to time, as the occasion may arise, designate one of the members
22 of the board to be its chairperson who shall:
23 (1) Direct the operations of the board and fulfill the
24 functions established by this chapter.
25 (2) Secure the effective application of the probation
26 system in all of the courts of this Commonwealth and the
27 enforcement of the probation laws.
28 (3) Preside at all meetings of the board.
29 (4) Perform all the duties and functions of chairperson,
30 including organizing, staffing, controlling, directing and
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1 administering the work of the staff.
2 (b) Alternate chairperson.--The board may designate one of
3 its members to act as alternate chairperson during the absence
4 or incapacity of the chairperson and, when so acting, the member
5 so designated shall have and perform all the powers and duties
6 of chairperson of the board, but shall not receive any
7 additional compensation for acting as chairperson.
8 (c) Subject to board policies and procedures.--The
9 chairperson and alternate chairperson, in performing the duties
10 of that office as they relate to parole, reparole and violation
11 and revocation proceedings, shall act in accordance with the
12 policies and procedures established by the board.
13 § 6113. Board action.
14 (a) Quorum.--
15 (1) A majority of the board shall constitute a quorum
16 for transacting business and, except as otherwise provided in
17 this chapter, a majority vote of those present at any meeting
18 shall be sufficient for any official action taken by the
19 board.
20 (2) Except as provided in subsections (b), (c) and (d),
21 no person shall be paroled or discharged from parole or have
22 his parole revoked, except by a majority of the entire
23 membership of the board.
24 (b) Panel decisions.--The board may make decisions on
25 parole, reparole, return or revocation in panels of two persons.
26 A panel shall consist of one board member and one hearing
27 examiner or of two board members. Panels shall be appointed by
28 the chairperson or the chairperson's designee.
29 (c) Disagreement within panel.--
30 (1) If there is disagreement on a decision to parole
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1 between the members of a panel, the matter shall be decided
2 by a board member appointed by the chairperson or the
3 chairperson's designee, who shall concur with one of the
4 original panel members.
5 (2) If there is disagreement on a revocation decision
6 between the members of the panel, the matter shall be decided
7 by three board members appointed by the chairperson or the
8 chairperson's designee; at least two of these members must
9 not have been on the disagreeing panel, if practicable.
10 (d) Appeal.--
11 (1) An interested party may appeal a revocation decision
12 within 30 days of the board's order. The decision shall be
13 reviewed by three board members appointed by the chairperson
14 or the chairperson's designee.
15 (2) If practicable, at least two of the board members
16 reviewing the decision must not have been on the panel whose
17 decision is being appealed. The three board members deciding
18 the appeal may affirm, reverse or remand the decision of the
19 panel or may order the matter be heard de novo.
20 § 6114. Salaries of board members.
21 The Executive Board shall determine the salaries to be paid
22 to the members of the board.
23 § 6115. Incompatible offices and removal.
24 (a) General rule.--The members of the board shall not hold
25 any other public office or employment nor engage in any
26 business, profession or employment during their terms of service
27 as members thereof and shall hold their offices during the terms
28 for which they shall have been appointed.
29 (b) Procedure for removal.--
30 (1) A member of the board may be removed by the
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1 Governor, by and with the advice and consent of two-thirds of
2 the members of the Senate.
3 (2) During a recess of the Senate, the Governor may
4 suspend a member of the board for cause, and before
5 suspension the Governor shall furnish to the member a
6 statement in writing of the reasons for the proposed
7 suspension of the member. The suspension shall operate and be
8 effective only until the adjournment of the next session of
9 the Senate following the suspension.
10 § 6116. Meetings.
11 (a) General rule.--As soon as may be convenient after their
12 appointment, the members of the board shall meet and organize.
13 (b) Appointment of secretary.--The members of the board
14 shall appoint a secretary, who:
15 (1) Shall not be a member of the board.
16 (2) Shall hold office at the pleasure of the board.
17 (3) Shall have such powers and perform such duties not
18 inconsistent with any law of this Commonwealth as the board
19 shall prescribe.
20 (4) Shall receive such compensation as the board shall
21 determine in conformity with the rules of the Executive
22 Board.
23 (c) Temporary secretary.--In the absence or incapacity of
24 the secretary to act, the board may designate such other person
25 as it may choose to perform temporarily the duties of secretary.
26 § 6117. Official seal.
27 The board shall adopt an official seal by which its acts and
28 proceedings shall be authenticated and of which the courts shall
29 take judicial notice. The certificate of the chairperson of the
30 board, under the seal of the board and attested by the
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1 secretary, shall be accepted in evidence in any judicial
2 proceeding in any court of this Commonwealth as adequate and
3 sufficient proof of the acts and proceedings of the board
4 referenced in the certificate.
5 § 6118. Offices.
6 (a) Principal office.--The principal office of the board
7 shall be in Harrisburg, and the board shall appoint and employ
8 such number and character of officers, agents, clerks,
9 stenographers and employees as may be necessary to carry out the
10 purposes of this chapter. The salaries of persons so appointed
11 and employed by the board shall be fixed by the board.
12 (b) District offices.--The board, with the approval of the
13 Governor, shall divide the Commonwealth for administrative
14 purposes into a suitable number of districts, not to exceed ten,
15 in each of which shall be a district office which shall have
16 immediate charge of the supervision of cases of probation and
17 parole arising in the courts of the judicial districts embraced
18 within its territorial limits, but, as occasion may require, the
19 supervision of particular parolees may be transferred by the
20 board to other appropriate parole districts.
21 (c) Location of district offices.--
22 (1) The board shall fix and determine the location of
23 the various district offices within their respective
24 districts, having regard to local conditions in each district
25 and to the most convenient and efficient functioning of the
26 office established in each district.
27 (2) At each of the locations so fixed and determined,
28 the board shall provide such office accommodations,
29 furniture, equipment and supplies as may be reasonably
30 suitable and adequate for the proper handling and dispatch of
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1 the parole business of the district.
2 (3) The board may enter into contracts on behalf of the
3 Commonwealth for such office accommodations, furniture,
4 equipment and supplies through the Department of General
5 Services.
6 (d) Consideration for fixing compensation.--In fixing
7 compensation for its officers, clerks and employees under the
8 provisions of this chapter, the board shall have regard to the
9 kind, grade or class of service to be rendered, and whenever any
10 standard compensation has been fixed by the Executive Board for
11 any kind, grade or class of service or employment, the
12 compensation of all persons appointed or employed by the board
13 in the same kind, grade or class shall be fixed by it in
14 accordance with such standard.
15 § 6119. District directors.
16 (a) Establishment.--Each district parole office shall be in
17 charge of a district director who:
18 (1) Shall be appointed by the board, with the approval
19 of the Governor.
20 (2) Shall receive such annual salary as the board shall
21 determine in conformity with the rules of the Executive
22 Board.
23 (b) Status and role.--The district director shall be the
24 executive head of the district office to which the district
25 supervisor is appointed and shall have the control, management
26 and direction of all employees of the board assigned to the
27 district, subject to the supervision of the board.
28 § 6120. District office employees.
29 (a) Board to appoint.--The board shall appoint in the
30 various district offices a sufficient number of parole officers,
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1 clerks, stenographers and other agents and employees to fully
2 and efficiently administer the parole laws of this Commonwealth,
3 but no employee of the board, other than its secretary and
4 district supervisors, shall be appointed by the board except in
5 the manner provided by this chapter.
6 (b) Salaries and qualifications.--The salaries of the
7 appointees in subsection (a) shall be fixed by the board. The
8 board shall from time to time by appropriate rule or regulation
9 prescribe the qualifications to be possessed by its personnel.
10 The qualifications shall be such as will best promote the
11 efficient operation of probation and parole.
12 § 6121. Disciplinary action.
13 (a) General rule.--Except as otherwise provided in
14 subsection (b), an employee of the board, excluding the
15 secretary and district supervisors, may be removed, discharged
16 or reduced in pay or position only for cause and after being
17 given the reasons therefor in writing and afforded an
18 opportunity to be heard in answer thereto.
19 (b) Exception.--An employee may be suspended without pay and
20 without hearing for a period not exceeding 30 days, but the
21 reason or reasons for the suspension must be given to the
22 employee by the board in writing.
23 (c) Successive suspensions.--There shall not be any
24 successive suspensions of the same employee under this section.
25 § 6122. Political activities.
26 (a) General rule.--No member of the board, or officer, clerk
27 or employee thereof, or any person officially connected with the
28 board:
29 (1) Shall take any active part in politics or be a
30 member of or delegate or alternate to any political
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1 convention or be present at such convention, except in the
2 performance of that person's official duties under this
3 chapter.
4 (2) Shall serve as a member of or attend the meetings of
5 any committee of any political party, or take any part in
6 political management or political campaigns, or use that
7 person's office to influence political movements, or to
8 influence the action of any other officer, clerk or employee
9 of the board.
10 (3) Shall in any way or manner interfere with or
11 participate in the conduct of any election or the preparation
12 therefor at the polling place, or with the election officers
13 while counting the votes or returning the ballot boxes,
14 books, papers, election paraphernalia and machinery to the
15 place provided by law, or be within any polling place, except
16 for the purpose of voting as speedily as it reasonably can be
17 done or be otherwise within 50 feet or any polling place,
18 except for purposes of ordinary travel or residence during
19 the period of time beginning with one hour preceding the
20 opening of the polls for holding the election and ending with
21 the time when the election officers shall have finished
22 counting the votes and have left the polling place.
23 (4) Shall directly or indirectly make or give, demand or
24 solicit or be in any manner concerned in making, giving,
25 demanding, soliciting or receiving any assessments,
26 subscriptions or contributions, whether voluntary or
27 involuntary, to any political party or for any political
28 purpose whatsoever.
29 (b) Penalty.--Any person who violates any of the provisions
30 of this section:
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1 (1) Commits a misdemeanor of the third degree, and, upon
2 conviction thereof, shall be punished by a fine not exceeding
3 $500 and imprisonment not exceeding one year, or both.
4 (2) Shall forfeit that person's office or employment, as
5 the case may be.
6 (3) Shall not thereafter be appointed or employed by the
7 board in any position or capacity whatsoever.
8 (c) Dismissal required.--The board shall dismiss any
9 officer, clerk or employee thereof who shall violate this
10 section from that person's office or employment.
11 § 6123. Advisory committee.
12 (a) Establishment.--An advisory committee on probation is
13 reestablished to assist the board.
14 (b) Composition.--The advisory committee shall consist of
15 nine members, seven of whom shall be appointed by the Governor,
16 with the consent of a majority of the members of the Senate. At
17 least two shall be judges of courts of record of this
18 Commonwealth, at least one shall be a county commissioner, at
19 least one shall be a chief county probation officer, and the
20 remaining members shall be qualified in the field of probation
21 and parole either by training or experience. The President pro
22 tempore of the Senate and the Speaker of the House of
23 Representatives shall each appoint a member of their respective
24 houses to serve as members of the committee.
25 (c) Terms.--
26 (1) The term of a member hereafter appointed, except to
27 fill a vacancy, shall be for four years and until their
28 successors have been appointed and qualified, but in no event
29 more than 90 days beyond the expiration of their appointed
30 term.
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1 (2) The terms of members of the committee who are
2 appointed by virtue of holding an office as a member of the
3 General Assembly, judge or county commissioner shall continue
4 only so long as that person remains in that office.
5 (3) Vacancies occurring in an office of a member of the
6 advisory committee by expiration of term, death, resignation,
7 removal or for any other reason shall be filled in the manner
8 provided by section 8 of Article IV of the Constitution of
9 Pennsylvania for the remainder of the term.
10 (4) Whenever the term of an advisory committee member,
11 other than one who is a member of the General Assembly,
12 expires, that member's position shall be immediately deemed a
13 vacancy, and the Governor shall nominate a person to fill
14 that membership position on the committee within 90 days of
15 the date of expiration, even if the member continues to
16 remain on the committee. The Governor shall designate one of
17 the members of the committee as its chairperson.
18 (d) Reimbursement of expenses.--Each member of the advisory
19 committee shall be paid all reasonable and necessary travel and
20 other expenses incurred by him in the performance of his duties.
21 (e) Assistance to be provided.--The advisory committee shall
22 aid the chairperson and the board in formulating and reviewing
23 standards for probation personnel and probation services in the
24 counties.
25 SUBCHAPTER C
26 POWERS AND DUTIES
27 Sec.
28 6131. General powers of board.
29 6132. Specific powers of board involving parolees.
30 6133. Probation services.
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1 6134. Sentencing court to transmit records to board.
2 6135. Investigation of circumstances of offense.
3 6136. Right of access to inmates.
4 6137. Parole power.
5 6138. Violation of terms of parole.
6 6139. Parole procedure.
7 6140. Victim statements, testimony and participation in
8 hearing.
9 6141. General rules and special regulations.
10 § 6131. General powers of board.
11 (a) General rule.--The board shall have the power and its
12 duty shall be:
13 (1) To supervise and make presentence investigations and
14 reports as provided by law.
15 (2) To collect and maintain copies of all presentence
16 investigations and reports.
17 (3) To collect and maintain a record of all persons who
18 are placed on probation and parole.
19 (4) To collect, compile and publish statistical and
20 other information relating to probation and parole work in
21 all courts and such other information the board may deem of
22 value in probation service.
23 (5) To establish, by regulation, uniform Statewide
24 standards for:
25 (i) Presentence investigations.
26 (ii) The supervision of probationers.
27 (iii) The qualifications for probation personnel.
28 (iv) Minimum salaries.
29 (v) Quality of probation service.
30 The standards for the qualifications of probation personnel
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1 shall only apply to probation personnel appointed after the
2 date the standards are established. Should any probation
3 personnel appointed prior to the date the standards were
4 established fail to meet the standards, the court having
5 jurisdiction of such personnel may request the board to
6 establish in-service training for them in accordance with the
7 standards.
8 (6) To adopt regulations establishing specific
9 composition, functions and responsibilities for citizens
10 advisory committees and to receive reports, recommendations
11 or other input concerning parole policies and parole-related
12 concerns from the committees on a regular basis.
13 (7) To adopt regulations establishing criteria for board
14 acceptance of cases for supervision and presentence
15 investigations from counties that on December 31, 1985,
16 maintained adult probation offices and parole systems.
17 (8) To enter into contracts for purchasing community
18 services to assist parolees and to supplement existing
19 programs.
20 (9) To pay the cost of preparole drug screening tests
21 for inmates within the parole release jurisdiction of the
22 board, who are confined in a State or local correctional
23 facility, as required under section 6137 (relating to parole
24 power).
25 (10) To enter into contracts which provide for the
26 continuous electronic monitoring of parolees.
27 (11) To establish and provide for intensive supervision
28 units and day reporting centers for the supervision of
29 parolees.
30 (b) Court-appointed probation officers to submit information
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1 to board.--A court that appoints a probation officer shall
2 require the probation officer to submit to the board such
3 information as the board may require on forms prescribed and
4 furnished by the board.
5 (c) Access to county records.--The board shall have free and
6 ready access to all probation and parole records of any county.
7 § 6132. Specific powers of board involving parolees.
8 (a) General rule.--The board shall have exclusive power:
9 (1) (i) To parole and reparole, commit and recommit for
10 violations of parole and to discharge from parole all
11 persons sentenced by any court at any time to
12 imprisonment in a correctional facility.
13 (ii) This paragraph applies to inmates sentenced to
14 definite or flat sentences.
15 (2) (i) To supervise any person placed on parole, when
16 sentenced to a maximum period of less than two years, by
17 any judge of a court having criminal jurisdiction, when
18 the court may by special order direct supervision by the
19 board, in which case the parole case shall be known as a
20 special case and the authority of the board with regard
21 thereto shall be the same as provided in this chapter
22 with regard to parole cases within one of the
23 classifications set forth in this chapter.
24 (ii) Except for such special cases, the powers and
25 duties conferred by this section shall not extend to
26 persons sentenced for a maximum period of less than two
27 years.
28 (3) TO DETAIN AND RECOMMIT A PERSON TO THE DEPARTMENT OF <--
29 CORRECTIONS FOR VIOLATION OF PAROLE UNLESS THE COUNTY PRISON
30 HAS AGREED TO MAKE ITS FACILITIES AVAILABLE FOR DETENTION AND
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1 RECOMMITTAL OF PAROLE VIOLATORS.
2 (b) Construction.--Nothing contained in this section shall
3 be construed to prevent a court from paroling any person
4 sentenced by it for a maximum period of less than two years.
5 (c) Definition.--As used in this section, "period of two
6 years" means the entire continuous term of sentence to which a
7 person is subject, whether for one or more sentences, either to
8 simple imprisonment or to an indeterminate imprisonment as
9 authorized by law to be imposed for criminal offenses.
10 § 6133. Probation services.
11 (a) General rule.--The board shall have exclusive power to
12 supervise any person placed on probation by any judge of a court
13 having criminal jurisdiction, when the court by special order
14 directs supervision by the board.
15 (b) Presentence investigations.--The board shall make
16 presentence investigations when requested to do so by the court.
17 (c) Grant-in-aid.--
18 (1) A county that provides additional probation staff
19 for presentence investigations and improved probation
20 supervision and program shall receive a grant-in-aid from the
21 Commonwealth through the board for additional cost incurred
22 thereby but only to the extent that the additional staff and
23 program meet the qualifications and standards established by
24 the board.
25 (2) The grant-in-aid shall provide 80% of the personnel
26 salary costs incurred by a county to administer these
27 additional services and programs.
28 (3) If insufficient funds are appropriated, each county
29 shall receive a prorated reduction in the grant-in-aid.
30 (4) The board shall establish rules and regulations for
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1 the allocation of funds available for such grants-in-aid.
2 (d) In-service training.--The board shall provide in-service
3 training for personnel of county probation offices when
4 requested to do so by the court having jurisdiction of the
5 probation office.
6 § 6134. Sentencing court to transmit records to board.
7 (a) Duty to transmit.--A court sentencing any person for a
8 term as to which power to parole is given to the board in this
9 chapter shall transmit to the board, within 30 days after the
10 imposition of the sentence:
11 (1) A copy of the notes of testimony of the sentencing
12 hearing that may have been filed of record in the case.
13 (2) Copies of any criminal identification records
14 secured from the Federal Bureau of Investigation.
15 (3) Copies of presentence investigation reports and
16 behavior clinic reports, if any were submitted to the court,
17 the last two of which records, being confidential records of
18 the court, shall be treated confidentially by the members of
19 the board, who shall not permit examination of the records by
20 anyone other than its duly appointed agents or
21 representatives except upon court order.
22 (b) Recommendations from judge.--
23 (1) A judge may make at any time a recommendation to the
24 board respecting the person sentenced and the term of
25 imprisonment the judge believes that person should be
26 required to serve before a parole is granted to that person.
27 (2) A recommendation made by a judge under paragraph (1)
28 respecting the parole or terms of parole of a person shall be
29 advisory only. No order in respect to the recommendation made
30 or attempted to be made as a part of a sentence shall be
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1 binding upon the board in performing the duties and functions
2 conferred on it by this chapter.
3 § 6135. Investigation of circumstances of offense.
4 (a) Duty to investigate.--The board, on the commitment to a
5 correctional facility of any person whom the board is given the
6 power to parole under this chapter, shall consider:
7 (1) The nature and circumstances of the offense
8 committed.
9 (2) Any recommendations made by the trial judge and
10 prosecuting attorney.
11 (3) The general character and background of the inmate.
12 (4) Participation by an inmate sentenced after February
13 19, 1999, and who is serving a sentence for a crime of
14 violence as defined in 42 Pa.C.S. § 9714(g) (relating to
15 sentences for second and subsequent offenses) in a victim
16 impact education program offered by the Department of
17 Corrections.
18 (5) The written or personal statement of the testimony
19 of the victim or the victim's family submitted pursuant to
20 section 6140 (relating to victim statements, testimony and
21 participation in hearing).
22 (6) The notes of testimony of the sentencing hearing, if
23 any, together with such additional information regarding the
24 nature and circumstances of the offense committed for which
25 sentence was imposed as may be available.
26 (7) The conduct of the person while in prison and his
27 physical, mental and behavior condition and history, his
28 history of family violence and his complete criminal record.
29 (b) Cooperation of public officials.--A public official who
30 possesses such records or information shall furnish the records
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1 or information to the board upon its request and without charge
2 so far as may be practicable while the case is recent.
3 § 6136. Right of access to inmates.
4 All prison officials shall:
5 (1) At all reasonable times grant access to any inmate
6 whom the board has power to parole to the members of the
7 board or its properly accredited representatives.
8 (2) At all reasonable times provide for the board or its
9 properly accredited representative facilities for
10 communicating with and observing an inmate while imprisoned.
11 (3) Furnish to the board from time to time such reports
12 concerning the conduct of inmates in their custody as the
13 board shall by general rule or special order require,
14 together with any other facts deemed pertinent in aiding the
15 board to determine whether such inmates shall be paroled.
16 § 6137. Parole power.
17 (a) General criteria for parole.--
18 (1) The board may release on parole any inmate to whom
19 the power to parole is granted to the board by this chapter,
20 except an inmate condemned to death or serving life
21 imprisonment, whenever in its opinion:
22 (i) The best interests of the inmate justify or
23 require the inmate being paroled.
24 (ii) It does not appear that the interests of the
25 Commonwealth will be injured by the inmate being paroled.
26 (2) Parole shall be subject in every instance to the
27 Commonwealth's right to immediately retake and hold in
28 custody without further proceedings any parolee charged after
29 his parole with an additional offense until a determination
30 can be made whether to continue his parole status.
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1 (3) The power to parole granted under this section to
2 the board may not be exercised in the board's discretion at
3 any time before, but only after, the expiration of the
4 minimum term of imprisonment fixed by the court in its
5 sentence or by the Board of Pardons in a sentence which has
6 been reduced by commutation.
7 (4) In no case shall the board act upon an application
8 of an inmate:
9 (i) whose term of imprisonment was commuted from
10 life to life on parole;
11 (ii) who was serving a term of imprisonment for a
12 crime of violence; or
13 (iii) who is serving a sentence under 42 Pa.C.S. §
14 9712 (relating to sentences for offenses committed with
15 firearms) unless the inmate has served at least one year
16 in a prerelease center.
17 (5) Upon parole, a parolee subject to paragraph (3)
18 shall be subject to weekly supervision for the first six
19 months of parole.
20 (b) Preparole drug screening tests.--
21 (1) The board may not release a person on parole unless
22 the person achieves a negative result within 45 days prior to
23 the date of release in a screening test approved by the
24 Department of Health for the detection of the presence of
25 controlled substances or designer drugs under the act of
26 April 14, 1972 (P.L.233, No.64), known as The Controlled
27 Substance, Drug, Device and Cosmetic Act.
28 (2) The cost of these preparole drug screening tests for
29 inmates subject to the parole release jurisdiction of the
30 board, whether confined in a correctional institution or
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1 county prison, shall be paid by the board. The board shall
2 establish rules and regulations for the payment of these
3 costs and may limit the types and cost of these screening
4 tests that would be subject to payment by the board.
5 (3) (i) The board shall establish, as a condition of
6 continued parole for a parolee who, as an inmate, tested
7 positive for the presence of a controlled substance or a
8 designer drug or who was paroled from a sentence arising
9 from a conviction under The Controlled Substance, Drug,
10 Device and Cosmetic Act or from a drug-related crime, the
11 parolee's achievement of negative results in such
12 screening tests randomly applied.
13 (ii) The random screening tests shall be performed
14 at the discretion of the board, and the parolee
15 undergoing the tests shall be responsible for the costs
16 of the tests.
17 (iii) The funds collected for the tests shall be
18 applied against the contract for such testing between the
19 board and a testing laboratory approved by the Department
20 of Health.
21 (c) Crimes of violence.--The board may not release a person
22 who is sentenced after February 19, 1999, and is serving a
23 sentence for a crime of violence as defined in 42 Pa.C.S. §
24 9714(g) (relating to sentences for second and subsequent
25 offenses) on parole unless the person has received instruction
26 from the Department of Corrections on the impact of crime on
27 victims and the community.
28 (d) Power to recommit.--The board may, during the period for
29 which an inmate shall have been sentenced, recommit the inmate,
30 if paroled, for violation of the terms and conditions of his
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1 parole and from time to time to reparole and recommit in the
2 same manner and with the same procedure as in the case of an
3 original parole or recommitment if, in the judgment of the
4 board:
5 (1) There is a reasonable probability that the inmate
6 will be benefited by paroling the inmate again.
7 (2) It does not appear that the interests of the
8 Commonwealth will be injured thereby.
9 (e) Notice to county probation department.--When the board
10 releases a parolee from a correctional facility, the board shall
11 provide written notice to the probation department located in
12 the county where the sentencing order was imposed of the release
13 and new address of the parolee.
14 § 6138. Violation of terms of parole.
15 (a) Convicted violators.--
16 (1) A parolee under the jurisdiction of the board
17 released from a correctional facility who, during the period
18 of parole or while delinquent on parole, commits a crime
19 punishable by imprisonment, for which the parolee is
20 convicted or found guilty by a judge or jury or to which the
21 parolee pleads guilty or nolo contendere at any time
22 thereafter in a court of record, may at the discretion of the
23 board be recommitted as a parole violator.
24 (2) If the parolee's recommitment is so ordered, the
25 parolee shall be reentered to serve the remainder of the term
26 which the parolee would have been compelled to serve had the
27 parole not been granted and shall be given no credit for the
28 time at liberty on parole.
29 (3) The board may, in its discretion, reparole whenever,
30 in its opinion, the best interests of the inmate justify or
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1 require the inmate's release on parole and it does not appear
2 that the interests of the Commonwealth will be injured
3 thereby.
4 (4) The period of time for which the parole violator is
5 required to serve shall be computed from and begin on the
6 date that the parole violator is taken into custody to be
7 returned to the institution as a parole violator.
8 (5) If a new sentence is imposed on the parolee, the
9 service of the balance of the term originally imposed shall
10 precede the commencement of the new term imposed in the
11 following cases:
12 (i) If a person is paroled from a State correctional
13 institution and the new sentence imposed on the person is
14 to be served in the State correctional institution.
15 (ii) If a person is paroled from a county prison and
16 the new sentence imposed upon him is to be served in the
17 same county prison. THE COUNTY PRISON HAS THE SOLE <--
18 DISCRETION TO TRANSFER THE PAROLEE TO THE CUSTODY OF THE
19 DEPARTMENT OF CORRECTIONS.
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 the institution as shall be designated by the Secretary
29 of Corrections or his designee.
30 (ii) Any female person shall be recommitted to the
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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
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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 CUSTODY OF THE DEPARTMENT OF CORRECTIONS <--
17 UNLESS THE COUNTY PRISON FROM WHICH THE PAROLE VIOLATOR WAS
18 PAROLED HAS AGREED TO DETAIN OR RECOMMIT THE PAROLE VIOLATOR.
19 THIS CLAUSE SHALL NOT BE CONSTRUED TO PREVENT THE TRANSFER OF
20 A PAROLE VIOLATOR to any other institution to which THE <--
21 VIOLATOR MAY BE legally transferred.
22 (2) If paroled from the State Correctional Institution
23 at Camp Hill and on recommitment the person has not attained
24 21 years of age, to the same institution.
25 (3) If paroled from the State Correctional Institution
26 at Muncy, to the same institution.
27 (4) If paroled from any other State correctional
28 institution, to the nearest correctional diagnostic and
29 classification center wherein the person shall be classified
30 for service of the balance of the term in the institution as
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1 shall be designated by the Secretary of Corrections or his
2 designee.
3 § 6139. Parole procedure.
4 (a) Specific requirements.--
5 (1) The board may, subject to the provisions and
6 limitations set forth in section 6138 (relating to violation
7 of terms of parole), grant paroles of its own motion whenever
8 in its judgment the interests of justice require the granting
9 of these paroles.
10 (2) The board shall consider applications for parole by
11 an inmate or the inmate's attorney.
12 (3) Notwithstanding the provisions of paragraph (2), the
13 board shall not be required to consider nor dispose of an
14 application by an inmate or an inmate's attorney where a
15 parole decision has been issued by the board on that case
16 within one year of the date of the current application for
17 parole.
18 (4) Hearings of applications shall be held by the board
19 whenever in its judgment hearings are necessary. Reasonable
20 rules and regulations shall be adopted by the board for the
21 presentation and hearing of applications for parole.
22 (5) Whenever an inmate is paroled by the board, whether
23 of its own motion or after hearing of an application for
24 parole, or whenever an application for parole is refused by
25 the board, a brief statement of the reasons for the board's
26 action shall be filed of record in the offices of the board
27 and shall be at all reasonable times open to public
28 inspection.
29 (6) In no case shall a parole be granted, or an
30 application for parole be dismissed, unless a board member,
20050S0506B2110 - 153 -
1 hearing examiner or other person so designated by the board
2 shall have seen and heard the parolee in person in regard
3 thereto within six months prior to the granting or dismissal
4 thereof.
5 (7) The board shall dispose of the application within
6 six months of its filing.
7 (b) Reliance on reports.--In granting and revoking paroles,
8 and in discharging from parole, the members of the board acting
9 thereon shall not be required to personally hear or see all the
10 witnesses and evidence submitted to them for their action, but
11 they may act on the report submitted to them by their agents and
12 employees, together with any pertinent and adequate information
13 furnished to them by fellow members of the board or by others.
14 (c) Notice to district attorney.--At least ten days before
15 paroling an inmate on its own motion, the board shall give
16 written notice of the contemplated parole to the district
17 attorney of the county in which the inmate was sentenced, and,
18 in cases of hearings on applications for parole as provided for
19 in this section, at least ten days' written notice of the time
20 and place fixed for such hearing shall be given either by the
21 board or by the applicant, as the board shall direct, to the
22 court and district attorney of the county in which the applicant
23 was sentenced.
24 § 6140. Victim statements, testimony and participation in
25 hearing.
26 (a) Duty of district attorney to provide notice.--
27 (1) The victim of the offense for which an inmate is
28 sentenced shall be notified by the district attorney
29 immediately following sentencing, in cases where the
30 defendant has been sentenced to a term of imprisonment, that
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1 the victim or family member shall have the opportunity to
2 present a statement for the parole report to be considered at
3 the parole hearing or to testify to the parole board
4 expressing his opinion concerning the release of the inmate.
5 (2) The district attorney shall provide notice to a
6 member of the immediate family of the victim if the victim:
7 (i) is a juvenile;
8 (ii) is incapable of testifying; or
9 (iii) died as a result of the defendant's conduct.
10 (b) Notice of intent to submit statement.--In order to
11 submit a statement under subsection (a), a victim or family
12 member must notify the board of his intention to do so and
13 provide and keep current an appropriate mailing address with the
14 board.
15 (c) Contents of parole report.--The parole report may
16 include a statement concerning:
17 (1) The continuing nature and extent of any physical
18 harm or psychological or emotional harm or trauma suffered by
19 the victim.
20 (2) The extent of any loss of earnings or ability to
21 work suffered by the victim.
22 (3) The continuing effect of the crime upon the victim's
23 family.
24 (d) Notice to persons who previously contacted the board.--
25 (1) At the time public notice is given that an inmate is
26 being considered for parole pursuant to this section, the
27 board shall also notify any victim or nearest relative who
28 has previously contacted the board of the availability to
29 provide a statement for inclusion in the parole report or to
30 present testimony for inclusion at the parole hearing.
20050S0506B2110 - 155 -
1 (2) The board shall notify the person identified under
2 paragraph (1) at the person's last known mailing address. The
3 notification required by this section shall be given by the
4 board in the case of a parole to be granted pursuant to
5 section 6139 (relating to parole procedure) or by the court
6 in the case of a parole to be granted pursuant to section
7 6133 (relating to probation services).
8 (e) Notice of intent to present testimony.--The victim or
9 family member shall notify the board within 30 days from the
10 date of the notice of his intent to present testimony at the
11 parole hearing. This time period may be waived by the board for
12 good cause.
13 (f) Referral to hearing officer.--If the victim or family
14 member submits a written statement to the board subsequent to
15 notice, the statement shall be made a part of the board's file
16 on the inmate, and the inmate's case shall be referred to a
17 hearing officer designated to conduct parole release hearings.
18 (g) Assignment to hearing examiner.--If the victim or family
19 member informs the board subsequent to notice being provided
20 that the person intends to testify, the chairperson shall assign
21 the inmate's case to a hearing examiner for the purpose of
22 receiving the person's testimony.
23 (h) Hearing procedure.--
24 (1) The assigned hearing examiner shall conduct a
25 hearing within 30 days from the date the board received
26 notification of the intent to offer testimony.
27 (2) The hearing shall be conducted at a time and place
28 and on a date determined by the chairperson or designee.
29 Notice of the time, place and date of the hearing shall be
30 provided to the victim or family member, in writing, and
20050S0506B2110 - 156 -
1 shall be mailed at least ten days prior to the hearing date.
2 (3) The hearing shall be recorded by an electronic
3 recording device.
4 (4) The hearing examiner shall prepare a written report
5 within a reasonable amount of time prior to the hearing date.
6 A copy of the report shall be forwarded to the person
7 offering testimony. A copy of the report shall be made a part
8 of the board's file on the inmate.
9 (5) Upon completion of the written report, the inmate's
10 case shall be referred to a hearing examiner designated to
11 conduct parole release hearings.
12 (6) (i) The hearing scheduled pursuant to this section
13 shall be conducted, when possible, prior to a parole
14 release hearing and prior to the board rendering a
15 decision.
16 (ii) Nothing in this section shall be construed to
17 preclude the board from conducting a timely parole
18 release hearing.
19 (7) After submission of the report, the board shall
20 within a reasonable amount of time:
21 (i) Evaluate the information provided.
22 (ii) Determine whether the decision shall be
23 affirmed or modified.
24 (iii) Determine whether a rescission hearing shall
25 be conducted.
26 (iv) Notify the inmate in writing of its decision.
27 (8) Any and all statements or testimony of the victim or
28 family member submitted to the board pertaining to:
29 (i) the continuing nature and extent of any physical
30 harm or psychological or emotional harm or trauma
20050S0506B2110 - 157 -
1 suffered by the victim;
2 (ii) the extent of any loss of earnings or ability
3 to work suffered by the victim; and
4 (iii) the continuing effect of the crime upon the
5 victim's family shall not be deemed confidential and
6 shall be released to the inmate unless the withholding of
7 the statements or testimony is requested by the victim
8 and the hearing officer determines that the release of
9 the statements or testimony would endanger the safety of
10 the person providing the statements or testifying. The
11 board on its own motion may for good cause identify all
12 or part of the statements or testimony as confidential.
13 (9) All records maintained by the board pertaining to
14 victims shall be kept separate and current address
15 information of the victim or family members shall be deemed
16 confidential.
17 (10) A victim or the family member who has submitted a
18 written statement for the parole report or testified at a
19 hearing pursuant to this section shall be notified by the
20 board of the final decision rendered in the inmate's case.
21 (11) If the final decision is to not release the inmate
22 and if, subsequent to that decision, additional parole
23 release hearings are conducted for that same inmate, then the
24 victim or family member who has submitted a written statement
25 for the parole report or who has testified at a hearing
26 pursuant to this section shall be notified by the board at
27 the last known address if and when additional parole hearings
28 are scheduled by the board.
29 § 6141. General rules and special regulations.
30 The board may make general rules for the conduct and
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1 supervision of persons placed on parole and may, in particular
2 cases, as it deems necessary to effectuate the purpose of
3 parole, prescribe special regulations for particular persons.
4 SUBCHAPTER D
5 STATE PAROLE AGENTS
6 Sec.
7 6151. Definitions.
8 6152. Status as peace officers.
9 6153. Supervisory relationship to offenders.
10 § 6151. Definitions.
11 The following words and phrases when used in this subchapter
12 shall have the meanings given to them in this section unless the
13 context clearly indicates otherwise:
14 "Agent." A State parole agent appointed by the board.
15 "Conditions of supervision." Any terms or conditions of the
16 offender's supervision, whether imposed by the court, the board
17 or an agent, including compliance with all requirements of
18 Federal, State and local law.
19 "Contraband." Any item that the offender is not permitted to
20 possess under the conditions of supervision, including any item
21 whose possession is forbidden by any Federal, State or local
22 law.
23 "Court." The court of common pleas or any judge thereof, the
24 Philadelphia Municipal Court or any judge thereof, the
25 Pittsburgh Magistrates Court or any judge thereof or any
26 magisterial district judge.
27 "Exigent circumstances." The term includes, but is not
28 limited to, suspicion that contraband or other evidence of
29 violations of the conditions of supervision might be destroyed
30 or suspicion that a weapon might be used. Exigent circumstances
20050S0506B2110 - 159 -
1 always exist with respect to a vehicle.
2 "Offender." Any person subject to the parole or probationary
3 supervision of the board.
4 "Personal search." A warrantless search of an offender's
5 person, including, but not limited to, the offender's clothing
6 and any personal property which is in the possession, within the
7 reach or under the control of the offender.
8 "Property search." A warrantless search of real property,
9 vehicle or personal property which is in the possession or under
10 the control of the offender.
11 "Real property." Any residence or business property of an
12 offender, including all portions of the property to which the
13 offender has access.
14 "Supervisor." Any individual acting in a supervisory or
15 administrative capacity.
16 § 6152. Status as peace officers.
17 An agent is declared to be a peace officer and is given
18 police power and authority throughout this Commonwealth to
19 arrest without warrant, writ, rule or process any parolee or
20 probationer under the supervision of the board for failing to
21 report as required by the terms of his probation or parole or
22 for any other violation of the probation or parole.
23 § 6153. Supervisory relationship to offenders.
24 (a) General rule.--Agents in a supervisory relationship with
25 their offenders. The purpose of this supervision is to assist
26 the offenders in their rehabilitation and reassimilation into
27 the community and to protect the public.
28 (b) Searches and seizures authorized.--
29 (1) Agents may search the person and property of
30 offenders in accordance with the provisions of this section.
20050S0506B2110 - 160 -
1 (2) Nothing in this section shall be construed to permit
2 searches or seizures in violation of the Constitution of the
3 United States or section 8 of Article I of the Constitution
4 of Pennsylvania.
5 (c) Effect of violation.--No violation of this section shall
6 constitute an independent ground for suppression of evidence in
7 any probation or parole proceeding or criminal proceeding.
8 (d) Grounds for personal search of offender.--
9 (1) A personal search of an offender may be conducted by
10 an agent:
11 (i) if there is a reasonable suspicion to believe
12 that the offender possesses contraband or other evidence
13 of violations of the conditions of supervision;
14 (ii) when an offender is transported or taken into
15 custody; or
16 (iii) upon an offender entering or leaving the
17 securing enclosure of a correctional institution, jail or
18 detention facility.
19 (2) A property search may be conducted by an agent if
20 there is reasonable suspicion to believe that the real or
21 other property in the possession of or under the control of
22 the offender contains contraband or other evidence of
23 violations of the conditions of supervision.
24 (3) Prior approval of a supervisor shall be obtained for
25 a property search absent exigent circumstances. No prior
26 approval shall be required for a personal search.
27 (4) A written report of every property search conducted
28 without prior approval shall be prepared by the agent who
29 conducted the search and filed in the offender's case record.
30 The exigent circumstances shall be stated in the report.
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1 (5) The offender may be detained if he is present during
2 a property search. If the offender is not present during a
3 property search, the agent in charge of the search shall make
4 a reasonable effort to provide the offender with notice of
5 the search, including a list of the items seized, after the
6 search is completed.
7 (6) The existence of reasonable suspicion to search
8 shall be determined in accordance with constitutional search
9 and seizure provisions as applied by judicial decision. In
10 accordance with such case law, the following factors, where
11 applicable, may be taken into account:
12 (i) The observations of agents.
13 (ii) Information provided by others.
14 (iii) The activities of the offender.
15 (iv) Information provided by the offender.
16 (v) The experience of agents with the offender.
17 (vi) The experience of agents in similar
18 circumstances.
19 (vii) The prior criminal and supervisory history of
20 the offender.
21 (viii) The need to verify compliance with the
22 conditions of supervision.
23 (e) Nonresident offenders.--No agent shall conduct a
24 personal or property search of an offender who is residing in a
25 foreign state except for the limited purposes permitted under
26 the Interstate Compact for the Supervision of Offenders and
27 Probationers. The offender is held accountable to the rules of
28 both the sending state and the receiving state. Any personal or
29 property search of an offender residing in another state shall
30 be conducted by an agent of the receiving state.
20050S0506B2110 - 162 -
1 (f) When authority is effective.--The authority granted to
2 agents under this section shall be effective upon enactment of
3 this section, without the necessity of any further regulation by
4 the board.
5 CHAPTER 63
6 COUNTY PROBATION OFFICERS'
7 FIREARM EDUCATION AND TRAINING
8 Sec.
9 6301. Short title of chapter.
10 6302. Definitions.
11 6303. County Probation Officers' Firearm Education and
12 Training Commission.
13 6304. Commission membership.
14 6305. Powers and duties of commission.
15 6306. Training mandatory.
16 6307. Requirements for program participation or waiver.
17 6308. County Probation Officers' Firearm Education
18 and Training Fund.
19 6309. Applicability.
20 § 6301. Short title of chapter.
21 This chapter shall be known and may be cited as the County
22 Probation Officers' Firearm Education and Training Law.
23 § 6302. Definitions.
24 The following words and phrases when used in this chapter
25 shall have the meanings given to them in this section unless the
26 context clearly indicates otherwise:
27 "Board." The Pennsylvania Board of Probation and Parole.
28 "Certification." The assignment of a certification number to
29 a probation or parole officer after successful completion of a
30 mandatory basic training course or receipt of a waiver of basic
20050S0506B2110 - 163 -
1 training from the County Probation Officers' Firearm Education
2 and Training Commission and successful completion of mandatory
3 training.
4 "Commission." The County Probation Officers' Firearm
5 Education and Training Commission.
6 "Fund." The County Probation Officers' Firearm Education and
7 Training Fund established under section 6308 (relating to County
8 Probation Officers' Firearm Education and Training Fund).
9 "Officer." A county probation or parole officer of this
10 Commonwealth.
11 "Program." The County Probation Officers' Firearm Education
12 and Training Program established in this chapter.
13 "School." A school currently approved by the Municipal
14 Police Officers' Education and Training Commission under 53
15 Pa.C.S. Ch. 21 Subch. D (relating to municipal police education
16 and training).
17 "Weapon-carrying officer." A county probation or parole
18 officer who is authorized to carry a weapon in connection with
19 performance of the duties of the officer's employment.
20 § 6303. County Probation Officers' Firearm Education and
21 Training Commission.
22 The County Probation Officers' Firearm Education and Training
23 Commission is established under the Pennsylvania Board of
24 Probation and Parole. The commission shall establish within six
25 months following the appointment of commission members a County
26 Probation Officers' Firearm Education and Training Program to
27 provide firearm education and training in accordance with the
28 provisions of this chapter.
29 § 6304. Commission membership.
30 (a) Composition.--The commission shall be composed of the
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1 chairman of the board and eight other members to be appointed by
2 the Governor:
3 (1) Three county adult probation officers who are full
4 members of the County Chief Adult Probation and Parole
5 Officers' Association of Pennsylvania, one of whom is a chief
6 adult probation officer from a county authorized to carry
7 firearms and two of whom are firearms instructors certified
8 as such by the National Rifle Association, the Pennsylvania
9 State Police or the Federal Bureau of Investigation.
10 (2) One member of the Pennsylvania Council of Chief
11 Juvenile Probation Officers.
12 (3) One representative of the Juvenile Court Judges'
13 Commission.
14 (4) One judge of a court of common pleas of a county
15 that employs officers who carry firearms.
16 (5) One director qualified under 53 Pa.C.S. Ch. 21
17 Subch. D (relating to municipal police education and
18 training).
19 (6) One county commissioner from a county which employs
20 officers who carry firearms.
21 (b) Terms.--Terms of the members initially appointed shall
22 be three members for one year, three members for two years and
23 three members for three years, as designated by the Governor at
24 the time of appointment. Thereafter, terms shall be for three
25 years. Each member shall hold office until the expiration of the
26 term for which the member was selected or until the member's
27 earlier death, resignation or removal or until the member's
28 successor has been selected and qualified but in no event more
29 than six months beyond the expiration of the member's appointed
30 term.
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1 (c) Vacancies.--A person appointed to fill a vacancy created
2 by other than expiration of a term shall be appointed for the
3 unexpired term of the member who that person is to succeed in
4 the same manner as the original appointment.
5 (d) Compensation.--The members of the commission shall serve
6 without compensation but shall be reimbursed the necessary and
7 actual expenses incurred in attending the meetings of the
8 commission and in the performance of their duties under this
9 chapter.
10 (e) Organization.--The commission shall elect from among its
11 members a chairperson and other officers who shall hold office
12 at the pleasure of the commission. The commission shall act only
13 with the concurrence of the majority.
14 (f) Meetings and quorum.--The commission shall meet at least
15 four times each year until the program is implemented.
16 Thereafter, the commission shall meet as may be necessary, but
17 at least once annually. Special meetings may be called by the
18 chairperson of the commission or upon written request of three
19 members. A quorum shall consist of four members of the
20 commission.
21 § 6305. Powers and duties of commission.
22 The powers and duties of the commission shall be as follows:
23 (1) To develop, establish and administer the minimum
24 courses of study and training and competency standards for
25 firearm training for county probation officers, including an
26 initial curriculum of at least 40 hours and including the
27 firing of a qualification course.
28 (2) To revoke an officer's certification for failing to
29 comply with educational and training requirements established
30 by the commission.
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1 (3) To approve or revoke the approval for the purposes
2 of this chapter of any school that may be utilized to comply
3 with the educational and training requirements as established
4 by the commission.
5 (4) To establish the minimum qualifications for
6 instructors, to approve or revoke the approval of any
7 instructor and to develop the requirements for continued
8 certification.
9 (5) To promote the most efficient and economical program
10 for training by utilizing existing facilities, programs and
11 qualified Federal, State and local police personnel.
12 (6) To make an annual report to the Governor and to the
13 General Assembly concerning:
14 (i) The administration of the program.
15 (ii) The activities of the commission, together with
16 any recommendations for executive or legislative actions.
17 (7) To require in accordance with this chapter county
18 probation officers to attend a minimum number of hours in in-
19 service training as provided for by regulation, unless the
20 officer's employer files a show-cause document with the
21 commission, requesting additional time for the officer to
22 comply with the in-service training requirements. Approval of
23 the request shall be made by the commission on a case-by-case
24 basis.
25 (8) To appoint an administrative officer who shall serve
26 and be directly responsible to the commission.
27 (9) To consult and cooperate with universities,
28 colleges, community colleges and institutes for the
29 development of specialized courses for county probation and
30 parole officers.
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1 (10) To consult and cooperate with departments and
2 agencies of this Commonwealth and other states and the
3 Federal Government concerned with county probation officer
4 training.
5 (11) To certify officers who have satisfactorily
6 completed basic educational and training requirements as
7 established by the commission and to issue appropriate
8 certificates to these officers.
9 (12) To visit and inspect approved schools at least once
10 every two years. This inspection requirement does not apply
11 where training is conducted locally at a satellite center
12 consisting of a classroom and shooting range.
13 (13) To make rules and regulations and to perform other
14 duties as may be reasonably necessary or appropriate to
15 implement the training program for county probation officers.
16 (14) To consider granting waivers of mandatory basic
17 training to county probation officers who have successfully
18 completed previous equivalent training.
19 (15) To maintain certifications and other records as
20 necessary.
21 (16) To issue reports to the president judges of the
22 courts of common pleas relating to compliance with this
23 chapter.
24 § 6306. Training mandatory.
25 Within two years of the establishment of the County Probation
26 Officers' Firearm Education and Training Program and in
27 accordance with the provisions of this chapter, a county shall
28 provide for the training of any officer in its county probation
29 and parole department who carries a firearm. Following this two-
30 year period, a county shall provide that training and
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1 certification requirements of this chapter are met prior to a
2 county probation officer being authorized to carry a firearm.
3 § 6307. Requirements for program participation or waiver.
4 In order to participate in the training program or be granted
5 a waiver of training requirements, at a minimum the officer
6 must:
7 (1) Be employed as a full-time county probation officer.
8 (2) Be a United States citizen.
9 (3) Not have been convicted of an offense graded a
10 misdemeanor of the first degree or greater or punishable by a
11 term of imprisonment of more than two years, unless in
12 possession of a waiver from the Bureau of Alcohol, Tobacco
13 and Firearms of the Department of the Treasury.
14 (4) Have had the officer's fingerprints submitted by the
15 officer's employer to the Pennsylvania State Police for the
16 purposes of a background investigation. The officer shall
17 have results of the investigation which indicate that the
18 requirements of paragraph (3) are met.
19 § 6308. County Probation Officers' Firearm Education and
20 Training Fund.
21 (a) Fund established.--The County Probation Officers'
22 Firearm Education and Training Fund is established as a
23 restricted receipts account within the General Fund. Moneys from
24 the fund shall be used exclusively for the purposes described
25 under this section.
26 (b) Costs imposed.--
27 (1) A person who accepts Accelerated Rehabilitative
28 Disposition or pleads guilty or nolo contendere or is
29 convicted of a felony or misdemeanor shall, in addition to
30 any other court costs imposed under the laws of this
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1 Commonwealth, be sentenced to pay costs of $5. Costs
2 collected by the clerk of courts under this subsection shall
3 be paid into the fund.
4 (2) Moneys in the fund shall be used to offset or pay
5 for:
6 (i) Training expenses.
7 (ii) Commission expenses.
8 (3) Disbursement and allocation of fund moneys shall be
9 at the discretion of the commission.
10 (c) Other moneys to be used.--In addition to payment of
11 training expenses as prescribed under subsection (b), training
12 expenses may also be paid out of the county offender supervision
13 fund under section 1102 of the act of November 24, 1998
14 (P.L.882, No.111), known as the Crime Victims Act, or any other
15 county fund.
16 (d) Juvenile probation officer participation.--In the event
17 that sufficient funds are not generated under the provisions of
18 subsection (b) to fully fund the costs of providing training to
19 juvenile probation officers, a training fee representing the
20 prorated share of the additional actual cost thereof shall be
21 payable by a participating juvenile probation officer's county
22 of employment.
23 § 6309. Applicability.
24 This chapter shall apply to county juvenile probation, adult
25 probation officers only, and only such officers shall be
26 eligible for training under this chapter.
27 PART V
28 MISCELLANEOUS PROVISIONS
29 Chapter
30 71. Interstate Compacts
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1 CHAPTER 71
2 INTERSTATE COMPACTS
3 Subchapter
4 A. Interstate Corrections Compact
5 B. Interstate Compact for the Supervision of Adult Offenders
6 C. Administrative Provisions
7 SUBCHAPTER A
8 INTERSTATE CORRECTIONS COMPACT
9 Sec.
10 7101. Short title of subchapter.
11 7102. Interstate Corrections Compact.
12 7103. Powers.
13 § 7101. Short title of subchapter.
14 This subchapter may be cited as the Interstate Corrections
15 Compact Act.
16 § 7102. Interstate Corrections Compact.
17 The Interstate Corrections Compact is hereby enacted into law
18 and entered into by this State with any other states legally
19 joining therein in the form substantially as follows:
20 INTERSTATE CORRECTIONS COMPACT
21 ARTICLE I
22 Purpose and Policy
23 The party states, desiring by common action to fully utilize
24 and improve their institutional facilities and provide adequate
25 programs for the confinement, treatment and rehabilitation of
26 various types of offenders, declare that it is the policy of
27 each of the party states to provide such facilities and programs
28 on a basis of cooperation with one another, thereby serving the
29 best interests of such offenders and of society and effecting
30 economies in capital expenditures and operational costs. The
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1 purpose of this compact is to provide for the mutual development
2 and execution of such programs of cooperation for the
3 confinement, treatment and rehabilitation of offenders with the
4 most economical use of human and material resources.
5 ARTICLE II
6 Definitions
7 As used in this compact, unless the context clearly requires
8 otherwise:
9 (a) "State" means a state of the United States; the United
10 States of America; a territory or possession of the United
11 States; the District of Columbia; the Commonwealth of Puerto
12 Rico.
13 (b) "Sending state" means a state party to this compact in
14 which conviction or court commitment was had.
15 (c) "Receiving state" means a state party to this compact to
16 which an inmate is sent for confinement other than a state in
17 which conviction or court commitment was had.
18 (d) "Inmate" means a male or female offender who is
19 committed, under sentence to or confined in a penal or
20 correctional institution.
21 (e) "Institution" means any penal or correctional facility,
22 including but not limited to a facility for the mentally ill or
23 mentally defective, in which inmates as defined in (d) above may
24 lawfully be confined.
25 ARTICLE III
26 Contracts
27 (a) Each party state may make one or more contracts with any
28 one or more of the other party states for the confinement of
29 inmates on behalf of a sending state in institutions situated
30 within receiving states. Any such contract shall provide for:
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1 1. Its duration.
2 2. Payments to be made to the receiving state by the sending
3 state for inmate maintenance, extraordinary medical and dental
4 expenses, and any participation in or receipt by inmates of
5 rehabilitative or correctional services, facilities, programs or
6 treatment not reasonably included as part of normal maintenance.
7 3. Participation in programs of inmate employment, if any,
8 the disposition or crediting of any payments received by inmates
9 on account thereof; and the crediting of proceeds from or
10 disposal of any products resulting therefrom.
11 4. Delivery and retaking of inmates.
12 5. Such other matters as may be necessary and appropriate to
13 fix the obligations, responsibilities and rights of the sending
14 and receiving states.
15 (b) The terms and provisions of this compact shall be a part
16 of any contract entered into by the authority of or pursuant
17 thereto, and nothing in any such contract shall be inconsistent
18 therewith.
19 ARTICLE IV
20 Procedures and Rights
21 (a) Whenever the duly constituted authorities in a state
22 party to this compact, and which has entered into a contract
23 pursuant to Article III, shall decide that confinement in, or
24 transfer of an inmate to, an institution within the territory of
25 another party state is necessary or desirable in order to
26 provide adequate quarters and care or an appropriate program of
27 rehabilitation or treatment, said officials may direct that the
28 confinement be within an institution within the territory of
29 said other party state, the receiving state to act in that
30 regard solely as agent for the sending state.
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1 (b) The appropriate officials of any state party to this
2 compact shall have access, at all reasonable times, to any
3 institution in which it has a contractual right to confine
4 inmates for the purpose of inspecting the facilities thereof and
5 visiting such of its inmates as may be confined in the
6 institution.
7 (c) Inmates confined in an institution pursuant to the terms
8 of this compact shall at all times be subject to the
9 jurisdiction of the sending state and may at any time be removed
10 therefrom for transfer to a prison or other institution within
11 the sending state, for transfer to another institution in which
12 the sending state may have a contractual or other right to
13 confine inmates, for release on probation or parole, for
14 discharge, or for any other purpose permitted by the laws of the
15 sending state; provided that the sending state shall continue to
16 be obligated to such payments as may be required pursuant to the
17 terms of any contract entered into under the terms of Article
18 III.
19 (d) Each receiving state shall provide regular reports to
20 each sending state on the inmates of that sending state in
21 institutions pursuant to this compact including a conduct record
22 of each inmate and certify said record to the official
23 designated by the sending state, in order that each inmate may
24 have official review of his or her record in determining and
25 altering the disposition of said inmate in accordance with the
26 law which may obtain in the sending state and in order that the
27 same may be a source of information for the sending state.
28 (e) All inmates who may be confined in an institution
29 pursuant to the provisions of this compact shall be treated in a
30 reasonable and humane manner and shall be treated equally with
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1 such similar inmates of the receiving state as may be confined
2 in the same institution. The fact of confinement in a receiving
3 state shall not deprive any inmate so confined of any legal
4 rights which said inmate would have had if confined in an
5 appropriate institution of the sending state.
6 (f) Any hearing or hearings to which an inmate confined
7 pursuant to this compact may be entitled by the laws of the
8 sending state may be had before the appropriate authorities of
9 the sending state, or of the receiving state if authorized by
10 the sending state. The receiving state shall provide adequate
11 facilities for such hearings as may be conducted by the
12 appropriate officials of a sending state. In the event such
13 hearing or hearings are had before officials of the receiving
14 state, the governing law shall be that of the sending state and
15 a record of the hearing or hearings as prescribed by the sending
16 state shall be made. Said record together with any
17 recommendations of the hearing officials shall be transmitted
18 forthwith to the official or officials before whom the hearing
19 would have been had if it had taken place in the sending state.
20 In any and all proceedings had pursuant to the provisions of
21 this subdivision, the officials of the receiving state shall act
22 solely as agents of the sending state and no final determination
23 shall be made in any matter except by the appropriate officials
24 of the sending state.
25 (g) Any inmate confined pursuant to this compact shall be
26 released within the territory of the sending state unless the
27 inmate, and the sending and receiving states, shall agree upon
28 release in some other place. The sending state shall bear the
29 cost of such return to its territory.
30 (h) Any inmate confined pursuant to the terms of this
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1 compact shall have any and all rights to participate in and
2 derive any benefits or incur or be relieved of any obligations
3 or have such obligations modified or his status changed on
4 account of any action or proceeding in which he could have
5 participated if confined in any appropriate institution of the
6 sending state located within such state.
7 (i) The parent, guardian, trustee, or other person or
8 persons entitled under the laws of the sending state to act for,
9 advise, or otherwise function with respect to any inmate shall
10 not be deprived of or restricted in his exercise of any power in
11 respect of any inmate confined pursuant to the terms of this
12 compact.
13 ARTICLE V
14 Acts Not Reviewable in Receiving State: Extradition
15 (a) Any decision of the sending state in respect of any
16 matter over which it retains jurisdiction pursuant to this
17 compact shall be conclusive upon and not reviewable within the
18 receiving state, but if at the time the sending state seeks to
19 remove an inmate from an institution in the receiving state
20 there is pending against the inmate within such state any
21 criminal charge or if the inmate is formally accused of having
22 committed within such state a criminal offense, the inmate shall
23 not be returned without the consent of the receiving state until
24 discharged from prosecution or other form of proceeding,
25 imprisonment or detention for such offense. The duly accredited
26 officers of the sending state shall be permitted to transport
27 inmates pursuant to this compact through any and all states
28 party to this compact without interference.
29 (b) An inmate who escapes from an institution in which he is
30 confined pursuant to this compact shall be deemed a fugitive
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1 from the sending state and from the state in which the
2 institution is situated. In the case of an escape to a
3 jurisdiction other than the sending or receiving state, the
4 responsibility for institution of extradition or rendition
5 proceedings shall be that of the sending state, but nothing
6 contained herein shall be construed to prevent or affect the
7 activities of officers and agencies of any jurisdiction directed
8 toward the apprehension and return of an escapee.
9 ARTICLE VI
10 Federal Aid
11 Any state party to this compact may accept Federal aid for
12 use in connection with any institution or program, the use of
13 which is or may be affected by this compact or any contract
14 pursuant hereto and any inmate in a receiving state pursuant to
15 this compact may participate in any such Federally aided program
16 or activity for which the sending and receiving states have made
17 contractual provisions, provided that if such program or
18 activity is not part of the customary correctional regimen, the
19 express consent of the appropriate official of the sending state
20 shall be required therefor.
21 ARTICLE VII
22 Entry into Force
23 This compact shall enter into force and become effective and
24 binding upon the states so acting when it has been enacted into
25 law by any two states. Thereafter, this compact shall enter into
26 force and become effective and binding as to any other of said
27 states upon similar action by such state.
28 ARTICLE VIII
29 Withdrawal and Termination
30 This compact shall continue in force and remain binding upon
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1 a party state until it shall have enacted a statute repealing
2 the same and providing for the sending of formal written notice
3 of withdrawal from the compact to the appropriate officials of
4 all other party states. An actual withdrawal shall not take
5 effect until one year after the notices provided in said statute
6 have been sent. Such withdrawal shall not relieve the
7 withdrawing state from its obligations assumed hereunder prior
8 to the effective date of withdrawal. Before the effective date
9 of withdrawal, a withdrawing state shall remove to its
10 territory, at its own expense, such inmates as it may have
11 confined pursuant to the provisions of this compact.
12 ARTICLE IX
13 Other Arrangements Unaffected
14 Nothing contained in this compact shall be construed to
15 abrogate or impair any agreement or other arrangement which a
16 party state may have with a non-party state for the confinement,
17 rehabilitation or treatment of inmates nor to repeal any other
18 laws of a party state authorizing the making of cooperative
19 institutional arrangements.
20 ARTICLE X
21 Construction and Severability
22 The provisions of this compact shall be liberally construed
23 and shall be severable. If any phrase, clause, sentence or
24 provision of this compact is declared to be contrary to the
25 Constitution of any participating state or of the United States
26 or the applicability thereof to any government, agency, person
27 or circumstance is held invalid, the validity of the remainder
28 of this compact and the applicability thereof to any government,
29 agency, person or circumstance shall not be affected thereby. If
30 this compact shall be held contrary to the Constitution of any
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1 state participating therein, the compact shall remain in full
2 force and effect as to the remaining states and in full force
3 and effect as to the state affected as to all severable matters.
4 § 7103. Powers.
5 The Attorney General or his designee is hereby authorized and
6 directed to do all things necessary or incidental to the
7 carrying out of the compact in every particular except that no
8 contract for the confinement of inmates in the institutions of
9 this State shall be entered into unless the Attorney General or
10 the Secretary of Corrections has first determined that the
11 inmates are acceptable, notwithstanding the provisions of
12 Article IX-B of the act of April 9, 1929 (P.L.177, No.175),
13 known as the Administrative Code of 1929. The Attorney General
14 or his designee shall not enter into a contract pursuant to
15 Article III of the compact relating to inmates who are mentally
16 ill or mentally retarded without consultation with the Secretary
17 of Public Welfare.
18 SUBCHAPTER B
19 INTERSTATE COMPACT FOR THE SUPERVISION OF ADULT OFFENDERS
20 Sec.
21 7111. Short title of subchapter.
22 7112. Authority to execute compact.
23 7113. When and how compact becomes operative.
24 7114. State council and compact administrator.
25 § 7111. Short title of subchapter.
26 This subchapter shall be known and may be cited as the
27 Interstate Compact for the Supervision of Adult Offenders Act.
28 § 7112. Authority to execute compact.
29 The Governor of Pennsylvania, on behalf of this State, is
30 hereby authorized to execute a compact in substantially the
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1 following form with any one or more of the states of the United
2 States, and the General Assembly hereby signifies in advance its
3 approval and ratification of such compact:
4 ARTICLE I
5 PURPOSE
6 The compacting states to this Interstate Compact recognize
7 that each state is responsible for the supervision of adult
8 offenders in the community who are authorized pursuant to the
9 Bylaws and Rules of this compact to travel across state lines
10 both to and from each compacting state in such a manner as to
11 track the location of offenders, transfer supervision authority
12 in an orderly and efficient manner, and when necessary return
13 offenders to the originating jurisdictions. The compacting
14 states also recognize that Congress, by enacting the Crime
15 Control Act, 4 U.S.C. § 112 (relating to compacts between States
16 for cooperation in prevention of crime; consent of Congress),
17 has authorized and encouraged compacts for cooperative efforts
18 and mutual assistance in the prevention of crime. It is the
19 purpose of this compact and the Interstate Commission created
20 hereunder, through means of joint and cooperative action among
21 the compacting states: to provide the framework for the
22 promotion of public safety and protect the rights of victims
23 through the control and regulation of the interstate movement of
24 offenders in the community; to provide for the effective
25 tracking, supervision, and rehabilitation of these offenders by
26 the sending and receiving states; and to equitably distribute
27 the costs, benefits and obligations of the compact among the
28 compacting states. In addition, this compact will: create an
29 Interstate Commission which will establish uniform procedures to
30 manage the movement between states of adults placed under
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1 community supervision and released to the community under the
2 jurisdiction of courts, paroling authorities, corrections or
3 other criminal justice agencies which will promulgate rules to
4 achieve the purpose of this compact; ensure an opportunity for
5 input and timely notice to victims and to jurisdictions where
6 defined offenders are authorized to travel or to relocate across
7 state lines; establish a system of uniform data collection,
8 access to information on active cases by authorized criminal
9 justice officials, and regular reporting of Compact activities
10 to heads of state councils, state executive, judicial, and
11 legislative branches and criminal justice administrators;
12 monitor compliance with rules governing interstate movement of
13 offenders and initiate interventions to address and correct non-
14 compliance; and coordinate training and education regarding
15 regulations of interstate movement of offenders for officials
16 involved in such activity. The compacting states recognize that
17 there is no "right" of any offender to live in another state and
18 that duly accredited officers of a sending state may at all
19 times enter a receiving state and there apprehend and retake any
20 offender under supervision subject to the provisions of this
21 compact and Bylaws and Rules promulgated hereunder. It is the
22 policy of the compacting states that the activities conducted by
23 the Interstate Commission created herein are the formation of
24 public policies and are therefore public business.
25 ARTICLE II
26 DEFINITIONS
27 As used in this compact, unless the context clearly requires
28 a different construction:
29 "Adult" means both individuals legally classified as adults
30 and juveniles treated as adults by court order, statute, or
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1 operation of law.
2 "Bylaws" means those Bylaws established by the Interstate
3 Commission for its governance, or for directing or controlling
4 the Interstate Commission's actions or conduct.
5 "Compact Administrator" means the individual in each
6 compacting state appointed pursuant to the terms of this compact
7 responsible for the administration and management of the state's
8 supervision and transfer of offenders subject to the terms of
9 this compact, the rules adopted by the Interstate Commission and
10 policies adopted by the State Council under this compact.
11 "Compacting state" means any state which has enacted the
12 enabling legislation for this compact.
13 "Commissioner" means the voting representative of each
14 compacting state appointed pursuant to Article III of this
15 compact.
16 "Interstate Commission" means the Interstate Commission for
17 Adult Offender Supervision established by this compact.
18 "Member" means the commissioner of a compacting state or
19 designee, who shall be a person officially connected with the
20 commissioner.
21 "Non-compacting state" means any state which has not enacted
22 the enabling legislation for this compact.
23 "Offender" means an adult placed under, or subject to,
24 supervision as the result of the commission of a criminal
25 offense and released to the community under the jurisdiction of
26 courts, paroling authorities, corrections, or other criminal
27 justice agencies.
28 "Person" means any individual, corporation, business
29 enterprise, or other legal entity, either public or private.
30 "Rules" means acts of the Interstate Commission, duly
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1 promulgated pursuant to Article VIII of this compact,
2 substantially affecting interested parties in addition to the
3 Interstate Commission, which shall have the force and effect of
4 law in the compacting states.
5 "State" means a state of the United States, the District of
6 Columbia and any other territorial possessions of the United
7 States.
8 "State Council" means the resident members of the State
9 Council for Interstate Adult Offender Supervision created by
10 each state under Article III of this compact.
11 ARTICLE III
12 THE COMPACT COMMISSION
13 The compacting states hereby create the "Interstate
14 Commission for Adult Offender Supervision." The Interstate
15 Commission shall be a body corporate and joint agency of the
16 compacting states. The Interstate Commission shall have all the
17 responsibilities, powers and duties set forth herein, including
18 the power to sue and be sued, and such additional powers as may
19 be conferred upon it by subsequent action of the respective
20 legislatures of the compacting states in accordance with the
21 terms of this compact. The Interstate Commission shall consist
22 of Commissioners selected and appointed by resident members of a
23 State Council for Interstate Adult Offender Supervision for each
24 state.
25 In addition to the Commissioners who are the voting
26 representatives of each state, the Interstate Commission shall
27 include individuals who are not commissioners but who are
28 members of interested organizations; such non-commissioner
29 members must include a member of the national organizations of
30 governors, legislators, state chief justices, attorneys general
20050S0506B2110 - 183 -
1 and crime victims. All non-commissioner members of the
2 Interstate Commission shall be ex-officio (non-voting) members.
3 The Interstate Commission may provide in its Bylaws for such
4 additional, ex-officio, non-voting members as it deems
5 necessary.
6 Each compacting state represented at any meeting of the
7 Interstate Commission is entitled to one vote. A majority of the
8 compacting states shall constitute a quorum for the transaction
9 of business, unless a larger quorum is required by the Bylaws of
10 the Interstate Commission.
11 The Interstate Commission shall meet at least once each
12 calendar year. The chairperson may call additional meetings and,
13 upon the request of 27 or more compacting states, shall call
14 additional meetings. Public notice shall be given of all
15 meetings and meetings shall be open to the public.
16 The Interstate Commission shall establish an Executive
17 Committee which shall include commission officers, members and
18 others as shall be determined by the Bylaws. The Executive
19 Committee shall have the power to act on behalf of the
20 Interstate Commission during periods when the Interstate
21 Commission is not in session, with the exception of rulemaking
22 and/or amendment to the Compact. The Executive Committee
23 oversees the day-to-day activities managed by the Executive
24 Director and Interstate Commission staff; administers
25 enforcement and compliance with the provisions of the compact,
26 its Bylaws and as directed by the Interstate Commission and
27 performs other duties as directed by Commission or set forth in
28 the Bylaws.
29 ARTICLE IV
30 THE STATE COUNCIL
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1 Each member state shall create a State Council for Interstate
2 Adult Offender Supervision which shall be responsible for the
3 appointment of the commissioner who shall serve on the
4 Interstate Commission from that state. Each state council shall
5 appoint as its commissioner the Compact Administrator from that
6 state to serve on the Interstate Commission in such capacity
7 under or pursuant to applicable law of the member state. While
8 each member state may determine the membership of its own state
9 council, its membership must include at least one representative
10 from the legislative, judicial, and executive branches of
11 government, victims groups and compact administrators. Each
12 compacting state retains the right to determine the
13 qualifications of the Compact Administrator who shall be
14 appointed by the Governor in consultation with the Legislature
15 and the Judiciary. In addition to appointment of its
16 commissioner to the National Interstate Commission, each state
17 council shall exercise oversight and advocacy concerning its
18 participation in Interstate Commission activities and other
19 duties as may be determined by each member state, including, but
20 not limited to, development of policy concerning operations and
21 procedures of the compact within that state.
22 ARTICLE V
23 POWERS AND DUTIES OF THE INTERSTATE COMMISSION
24 The Interstate Commission shall have the following powers:
25 To adopt a seal and suitable Bylaws governing the
26 management and operation of the Interstate Commission.
27 To promulgate rules which shall have the force and effect
28 of statutory law and shall be binding in the compacting
29 states to the extent and in the manner provided in this
30 compact.
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1 To oversee, supervise and coordinate the interstate
2 movement of offenders subject to the terms of this compact
3 and any Bylaws adopted and rules promulgated by the compact
4 commission.
5 To enforce compliance with compact provisions, Interstate
6 Commission rules, and Bylaws, using all necessary and proper
7 means, including, but not limited to, the use of judicial
8 process.
9 To establish and maintain offices.
10 To purchase and maintain insurance and bonds.
11 To borrow, accept, or contract for services of personnel,
12 including, but not limited to, members and their staffs.
13 To establish and appoint committees and hire staff which
14 it deems necessary for the carrying out of its functions
15 including, but not limited to, an executive committee as
16 required by Article III which shall have the power to act on
17 behalf of the Interstate Commission in carrying out its
18 powers and duties hereunder.
19 To elect or appoint such officers, attorneys, employees,
20 agents, or consultants, and to fix their compensation, define
21 their duties and determine their qualifications; and to
22 establish the Interstate Commission's personnel policies and
23 programs relating to, among other things, conflicts of
24 interest, rates of compensation, and qualifications of
25 personnel.
26 To accept any and all donations and grants of money,
27 equipment, supplies, materials, and services, and to receive,
28 utilize, and dispose of same.
29 To lease, purchase, accept contributions or donations of,
30 or otherwise to own, hold, improve or use any property, real,
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1 personal, or mixed.
2 To sell, convey, mortgage, pledge, lease, exchange,
3 abandon, or otherwise dispose of any property, real, personal
4 or mixed.
5 To establish a budget and make expenditures and levy dues
6 as provided in Article X of this compact.
7 To sue and be sued.
8 To provide for dispute resolution among Compacting
9 States.
10 To perform such functions as may be necessary or
11 appropriate to achieve the purposes of this compact.
12 To report annually to the legislatures, governors,
13 judiciary, and state councils of the compacting states
14 concerning the activities of the Interstate Commission during
15 the preceding year. Such reports shall also include any
16 recommendations that may have been adopted by the Interstate
17 Commission.
18 To coordinate education, training and public awareness
19 regarding the interstate movement of offenders for officials
20 involved in such activity.
21 To establish uniform standards for the reporting,
22 collecting, and exchanging of data.
23 ARTICLE VI
24 ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
25 Section A. Bylaws
26 The Interstate Commission shall, by a majority of the
27 Members, within twelve months of the first Interstate Commission
28 meeting, adopt Bylaws to govern its conduct as may be necessary
29 or appropriate to carry out the purposes of the Compact,
30 including, but not limited to: establishing the fiscal year of
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1 the Interstate Commission; establishing an executive committee
2 and such other committees as may be necessary; providing
3 reasonable standards and procedures:
4 (i) for the establishment of committees, and
5 (ii) governing any general or specific delegation of any
6 authority or function of the Interstate Commission;
7 providing reasonable procedures for calling and conducting
8 meetings of the Interstate Commission, and ensuring reasonable
9 notice of each such meeting; establishing the titles and
10 responsibilities of the officers of the Interstate Commission;
11 providing reasonable standards and procedures for the
12 establishment of the personnel policies and programs of the
13 Interstate Commission. Notwithstanding any civil service or
14 other similar laws of any Compacting State, the Bylaws shall
15 exclusively govern the personnel policies and programs of the
16 Interstate Commission; and providing a mechanism for winding up
17 the operations of the Interstate Commission and the equitable
18 return of any surplus funds that may exist upon the termination
19 of the Compact after the payment and/or reserving of all of its
20 debts and obligations; providing transition rules for "start up"
21 administration of the Compact; establishing standards and
22 procedures for compliance and technical assistance in carrying
23 out the Compact.
24 Section B. Officers and Staff
25 The Interstate Commission shall, by a majority of the
26 Members, elect from among its Members a chairperson and a vice
27 chairperson, each of whom shall have such authorities and duties
28 as may be specified in the Bylaws. The chairperson or, in his or
29 her absence or disability, the vice chairperson, shall preside
30 at all meetings of the Interstate Commission. The Officers so
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1 elected shall serve without compensation or remuneration from
2 the Interstate Commission; PROVIDED THAT, subject to the
3 availability of budgeted funds, the officers shall be reimbursed
4 for any actual and necessary costs and expenses incurred by them
5 in the performance of their duties and responsibilities as
6 officers of the Interstate Commission.
7 The Interstate Commission shall, through its executive
8 committee, appoint or retain an executive director for such
9 period, upon such terms and conditions and for such compensation
10 as the Interstate Commission may deem appropriate. The executive
11 director shall serve as secretary to the Interstate Commission,
12 and hire and supervise such other staff as may be authorized by
13 the Interstate Commission, but shall not be a Member.
14 Section C. Corporate Records of the Interstate Commission
15 The Interstate Commission shall maintain its corporate books
16 and records in accordance with the Bylaws.
17 Section D. Qualified Immunity, Defense and Indemnification
18 The Members, officers, executive director and employees of
19 the Interstate Commission shall be immune from suit and
20 liability, either personally or in their official capacity, for
21 any claim for damage to or loss of property or personal injury
22 or other civil liability caused or arising out of any actual or
23 alleged act, error or omission that occurred within the scope of
24 Interstate Commission employment, duties or responsibilities;
25 PROVIDED, that nothing in this paragraph shall be construed to
26 protect any such person from suit and/or liability for any
27 damage, loss injury or liability caused by the intentional or
28 willful and wanton misconduct of any such person.
29 The Interstate Commission shall defend the Commissioner of a
30 Compacting State, or his or her representatives or employees, or
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1 the Interstate Commission's representatives or employees, in any
2 civil action seeking to impose liability, arising out of any
3 actual or alleged act, error or omission that occurred within
4 the scope of Interstate Commission employment, duties or
5 responsibilities, or that the defendant had a reasonable basis
6 for believing occurred within the scope of Interstate Commission
7 employment, duties or responsibilities; PROVIDED, that the
8 actual or alleged act, error or omission did not result from
9 intentional wrongdoing on the part of such person.
10 The Interstate Commission shall indemnify and hold the
11 Commissioner of a Compacting State, the appointed designee or
12 employees, or the Interstate Commission's representatives or
13 employees, harmless in the amount of any settlement or judgment
14 obtained against such persons arising out of any actual or
15 alleged act, error or omission that occurred within the scope of
16 Interstate Commission employment, duties or responsibilities, or
17 that such persons had a reasonable basis for believing occurred
18 within the scope of Interstate Commission employment, duties or
19 responsibilities, PROVIDED, that the actual or alleged act,
20 error or omission did not result from gross negligence or
21 intentional wrongdoing on the part of such person.
22 ARTICLE VII
23 ACTIVITIES OF THE INTERSTATE COMMISSION
24 The Interstate Commission shall meet and take such actions as
25 are consistent with the provisions of this Compact.
26 Except as otherwise provided in this Compact and unless a
27 greater percentage is required by the Bylaws, in order to
28 constitute an act of the Interstate Commission, such act shall
29 have been taken at a meeting of the Interstate Commission and
30 shall have received an affirmative vote of a majority of the
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1 Members present.
2 Each Member of the Interstate Commission shall have the right
3 and power to cast a vote to which that Compacting State is
4 entitled and to participate in the business and affairs of the
5 Interstate Commission. A Member shall vote in person on behalf
6 of the state and shall not delegate a vote to another member
7 state. However, a State Council shall appoint another authorized
8 representative, in the absence of the commissioner from that
9 state, to cast a vote on behalf of the member state at a
10 specified meeting. The Bylaws may provide for Members'
11 participation in meetings by telephone or other means of
12 telecommunication or electronic communication. Any voting
13 conducted by telephone, or other means of telecommunication or
14 electronic communication shall be subject to the same quorum
15 requirements of meetings where members are present in person.
16 The Interstate Commission shall meet at least once during each
17 calendar year. The chairperson of the Interstate Commission may
18 call additional meetings at any time and, upon the request of a
19 majority of the Members, shall call additional meetings.
20 The Interstate Commission's Bylaws shall establish conditions
21 and procedures under which the Interstate Commission shall make
22 its information and official records available to the public for
23 inspection or copying. The Interstate Commission may exempt from
24 disclosure any information or official records to the extent
25 they would adversely affect personal privacy rights or
26 proprietary interests. In promulgating such Rules, the
27 Interstate Commission may make available to law enforcement
28 agencies records and information otherwise exempt from
29 disclosure, and may enter into agreements with law enforcement
30 agencies to receive or exchange information or records subject
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1 to nondisclosure and confidentiality provisions.
2 Public notice shall be given of all meetings and all meetings
3 shall be open to the public, except as set forth in the Rules or
4 as otherwise provided in the Compact. The Interstate Commission
5 shall promulgate Rules consistent with the principles contained
6 in the "Government in Sunshine Act," 5 U.S.C. Section 552(b), as
7 may be amended. The Interstate Commission and any of its
8 committees may close a meeting to the public where it determines
9 by two-thirds vote that an open meeting would be likely to:
10 relate solely to the Interstate Commission's internal
11 personnel practices and procedures;
12 disclose matters specifically exempted from disclosure by
13 statute;
14 disclose trade secrets or commercial or financial
15 information which is privileged or confidential;
16 involve accusing any person of a crime, or formally
17 censuring any person;
18 disclose information of a personal nature where
19 disclosure would constitute a clearly unwarranted invasion of
20 personal privacy;
21 disclose investigatory records compiled for law
22 enforcement purposes;
23 disclose information contained in or related to
24 examination, operating or condition reports prepared by, or
25 on behalf of or for the use of, the Interstate Commission
26 with respect to a regulated entity for the purpose of
27 regulation or supervision of such entity;
28 disclose information, the premature disclosure of which
29 would significantly endanger the life of a person or the
30 stability of a regulated entity;
20050S0506B2110 - 192 -
1 specifically relate to the Interstate Commission's
2 issuance of a subpoena, or its participation in a civil
3 action or proceeding.
4 For every meeting closed pursuant to this provision, the
5 Interstate Commission's chief legal officer shall publicly
6 certify that, in his or her opinion, the meeting may be closed
7 to the public, and shall reference each relevant exemptive
8 provision. The Interstate Commission shall keep minutes which
9 shall fully and clearly describe all matters discussed in any
10 meeting and shall provide a full and accurate summary of any
11 actions taken, and the reasons therefor, including a description
12 of each of the views expressed on any item and the record of any
13 roll call vote (reflected in the vote of each Member on the
14 question). All documents considered in connection with any
15 action shall be identified in such minutes.
16 The Interstate Commission shall collect standardized data
17 concerning the interstate movement of offenders as directed
18 through its Bylaws and Rules which shall specify the data to be
19 collected and the means of collection and data exchange and
20 reporting requirements.
21 ARTICLE VIII
22 RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
23 The Interstate Commission shall promulgate Rules in order to
24 effectively and efficiently achieve the purposes of the Compact
25 including transition rules governing administration of the
26 Compact during the period in which it is being considered and
27 enacted by the states.
28 Rulemaking shall occur pursuant to the criteria set forth in
29 this Article and the Bylaws and Rules adopted pursuant thereto.
30 Such rulemaking shall substantially conform to the principles of
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1 the Federal Administrative Procedure Act, 5 U.S.C. Ch. 5 Subchs.
2 II (relating to administrative procedure) and III (relating to
3 negotiated rulemaking procedure), and the Federal Advisory
4 Committee Act, 5 U.S.C.S. app. 2, section 1 et seq., as may be
5 amended (hereinafter "APA").
6 All Rules and amendments shall become binding as of the date
7 specified in each Rule or amendment.
8 If a majority of the legislatures of the Compacting States
9 rejects a Rule, by enactment of a statute or resolution in the
10 same manner used to adopt the compact, then such Rule shall have
11 no further force and effect in any Compacting State.
12 When promulgating a Rule, the Interstate Commission shall:
13 publish the proposed Rule stating with particularity the
14 text of the Rule which is proposed and the reason for the
15 proposed Rule;
16 allow persons to submit written data, facts, opinions and
17 arguments, which information shall be publicly available;
18 provide an opportunity for an informal hearing; and
19 promulgate a final Rule and its effective date, if
20 appropriate, based on the rulemaking record.
21 Not later than sixty days after a Rule is promulgated, any
22 interested person may file a petition in the United States
23 District Court for the District of Columbia or in the Federal
24 District Court where the Interstate Commission's principal
25 office is located for judicial review of such Rule. If the court
26 finds that the Interstate Commission's action is not supported
27 by substantial evidence, (as defined in the APA), in the
28 rulemaking record, the court shall hold the Rule unlawful and
29 set it aside.
30 Subjects to be addressed within 12 months after the first
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1 meeting must at a minimum include:
2 notice to victims and opportunity to be heard;
3 offender registration and compliance;
4 violations/ returns;
5 transfer procedures and forms;
6 eligibility for transfer;
7 collection of restitution and fees from offenders;
8 data collection and reporting;
9 the level of supervision to be provided by the receiving
10 state;
11 transition rules governing the operation of the compact
12 and the Interstate Commission during all or part of the
13 period between the effective date of the compact and the date
14 on which the last eligible state adopts the compact;
15 mediation, arbitration and dispute resolution.
16 The existing rules governing the operation of the previous
17 compact superseded by this Act shall be null and void twelve
18 (12) months after the first meeting of the Interstate Commission
19 created hereunder.
20 Upon determination by the Interstate Commission that an
21 emergency exists, it may promulgate an emergency rule which
22 shall become effective immediately upon adoption, provided that
23 the usual rulemaking procedures provided hereunder shall be
24 retroactively applied to said rule as soon as reasonably
25 possible, in no event later than 90 days after the effective
26 date of the rule.
27 ARTICLE IX
28 OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION
29 BY THE INTERSTATE COMMISSION
30 Section A. Oversight
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1 The Interstate Commission shall oversee the interstate
2 movement of adult offenders in the compacting states and shall
3 monitor such activities being administered in Non-compacting
4 States which may significantly affect Compacting States.
5 The courts and executive agencies in each Compacting State
6 shall enforce this Compact and shall take all actions necessary
7 and appropriate to effectuate the Compact's purposes and intent.
8 In any judicial or administrative proceeding in a Compacting
9 State pertaining to the subject matter of this Compact which may
10 affect the powers, responsibilities or actions of the Interstate
11 Commission, the Interstate Commission shall be entitled to
12 receive all service of process in any such proceeding, and shall
13 have standing to intervene in the proceeding for all purposes.
14 Section B. Dispute Resolution
15 The Compacting States shall report to the Interstate
16 Commission on issues or activities of concern to them, and
17 cooperate with and support the Interstate Commission in the
18 discharge of its duties and responsibilities.
19 The Interstate Commission shall attempt to resolve any
20 disputes or other issues which are subject to the compact and
21 which may arise among Compacting States and Non-compacting
22 States.
23 The Interstate Commission shall enact a Bylaw or promulgate a
24 Rule providing for both mediation and binding dispute resolution
25 for disputes among the Compacting States.
26 Section C. Enforcement
27 The Interstate Commission, in the reasonable exercise of its
28 discretion, shall enforce the provisions of this compact using
29 any or all means set forth in Article XII, Section B, of this
30 compact.
20050S0506B2110 - 196 -
1 Section D. Extradition
2 The duly accredited officers of a sending state may at all
3 times enter a receiving state, and there apprehend and retake
4 any person on probation or parole. For that purpose, no
5 formalities will be required other than establishing the
6 authority of the officer and the identity of the person to be
7 retaken. All legal requirements to obtain extradition of
8 fugitives from justice are hereby expressly waived on the part
9 of states party hereto as to such persons. The decision of the
10 sending state to retake a person on probation or parole shall be
11 conclusive upon and not reviewable within the receiving state.
12 If at the time when a state seeks to retake a probationer or
13 parolee, there should be pending against him within the
14 receiving state any criminal charge, or he is suspected of
15 having committed within such state a criminal offense, he shall
16 not be retaken without the consent of the receiving state until
17 discharged from prosecution or from imprisonment for such
18 offense. The duly accredited officers of the sending state will
19 be permitted to transport prisoners being retaken through any
20 and all states parties to this compact without interference.
21 ARTICLE X
22 FINANCE
23 The Interstate Commission shall pay or provide for the
24 payment of the reasonable expenses of its establishment,
25 organization and ongoing activities.
26 The Interstate Commission shall levy on and collect an annual
27 assessment from each Compacting State to cover the cost of the
28 internal operations and activities of the Interstate Commission
29 and its staff which must be in a total amount sufficient to
30 cover the Interstate Commission's annual budget as approved each
20050S0506B2110 - 197 -
1 year. The aggregate annual assessment amount shall be allocated
2 based upon a formula to be determined by the Interstate
3 Commission, taking into consideration the population of the
4 state and the volume of interstate movement of offenders in each
5 Compacting State and shall promulgate a Rule binding upon all
6 Compacting States which governs said assessment.
7 The Interstate Commission shall not incur any obligations of
8 any kind prior to securing the funds adequate to meet the same;
9 nor shall the Interstate Commission pledge the credit of any of
10 the Compacting States, except by and with the authority of the
11 Compacting State.
12 The Interstate Commission shall keep accurate accounts of all
13 receipts and disbursements. The receipts and disbursements of
14 the Interstate Commission shall be subject to the audit and
15 accounting procedures established under its Bylaws. However, all
16 receipts and disbursements of funds handled by the Interstate
17 Commission shall be audited yearly by a certified or licensed
18 public accountant and the report of the audit shall be included
19 in and become part of the annual report of the Interstate
20 Commission.
21 ARTICLE XI
22 COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT
23 Any state, as defined in Article II of this Compact, is
24 eligible to become a Compacting State. The Compact shall become
25 effective and binding upon legislative enactment of the Compact
26 into law by no less than 35 of the States. The initial effective
27 date shall be the later of July 1, 2001, or upon enactment into
28 law by the 35th jurisdiction. Thereafter it shall become
29 effective and binding, as to any other Compacting State, upon
30 enactment of the Compact into law by that State. The governors
20050S0506B2110 - 198 -
1 of Non-member states or their designees will be invited to
2 participate in Interstate Commission activities on a non-voting
3 basis prior to adoption of the Compact by all states and
4 territories of the United States.
5 Amendments to the Compact may be proposed by the Interstate
6 Commission for enactment by the Compacting States. No amendment
7 shall become effective and binding upon the Interstate
8 Commission and the Compacting States unless and until it is
9 enacted into law by unanimous consent of the Compacting States.
10 ARTICLE XII
11 WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT
12 Section A. Withdrawal
13 Once effective, the Compact shall continue in force and
14 remain binding upon each and every Compacting State; PROVIDED,
15 that a Compacting State may withdraw from the Compact
16 ("Withdrawing State") by enacting a statute specifically
17 repealing the statute which enacted the Compact into law. The
18 effective date of withdrawal is the effective date of the
19 repeal.
20 The Withdrawing State shall immediately notify the
21 chairperson of the Interstate Commission in writing upon the
22 introduction of legislation repealing this Compact in the
23 Withdrawing State.
24 The Interstate Commission shall notify the other Compacting
25 States of the Withdrawing State's intent to withdraw within
26 sixty days of its receipt thereof.
27 The Withdrawing State is responsible for all assessments,
28 obligations and liabilities incurred through the effective date
29 of withdrawal, including any obligations, the performance of
30 which extend beyond the effective date of withdrawal.
20050S0506B2110 - 199 -
1 Reinstatement following withdrawal of any Compacting State
2 shall occur upon the Withdrawing State reenacting the Compact or
3 upon such later date as determined by the Interstate Commission.
4 Section B. Default
5 If the Interstate Commission determines that any Compacting
6 State has at any time defaulted ("Defaulting State") in the
7 performance of any of its obligations or responsibilities under
8 this Compact, the Bylaws or any duly promulgated Rules the
9 Interstate Commission may impose any or all of the following
10 penalties:
11 Fines, fees and costs in such amounts as are deemed to be
12 reasonable as fixed by the Interstate Commission;
13 Remedial training and technical assistance as directed by
14 the Interstate Commission;
15 Suspension and termination of membership in the Compact.
16 Suspension shall be imposed only after all other reasonable
17 means of securing compliance under the Bylaws and Rules have
18 been exhausted. Immediate notice of suspension shall be given by
19 the Interstate Commission to the Governor, the Chief Justice or
20 Chief Judicial Officer of the state; the majority and minority
21 leaders of the defaulting state's legislature, and the State
22 Council.
23 The grounds for default include, but are not limited to,
24 failure of a Compacting State to perform such obligations or
25 responsibilities imposed upon it by this compact, Interstate
26 Commission Bylaws, or duly promulgated Rules. The Interstate
27 Commission shall immediately notify the Defaulting State in
28 writing of the penalty imposed by the Interstate Commission on
29 the Defaulting State pending a cure of the default. The
30 Interstate Commission shall stipulate the conditions and the
20050S0506B2110 - 200 -
1 time period within which the Defaulting State must cure its
2 default. If the Defaulting State fails to cure the default
3 within the time period specified by the Interstate Commission,
4 in addition to any other penalties imposed herein, the
5 Defaulting State may be terminated from the Compact upon an
6 affirmative vote of a majority of the Compacting States and all
7 rights, privileges and benefits conferred by this Compact shall
8 be terminated from the effective date of suspension. Within
9 sixty days of the effective date of termination of a Defaulting
10 State, the Interstate Commission shall notify the Governor, the
11 Chief Justice or Chief Judicial Officer and the Majority and
12 Minority Leaders of the Defaulting State's legislature and the
13 state council of such termination.
14 The Defaulting State is responsible for all assessments,
15 obligations and liabilities incurred through the effective date
16 of termination including any obligations, the performance of
17 which extends beyond the effective date of termination.
18 The Interstate Commission shall not bear any costs relating
19 to the Defaulting State unless otherwise mutually agreed upon
20 between the Interstate Commission and the Defaulting State.
21 Reinstatement following termination of any Compacting State
22 requires both a reenactment of the Compact by the Defaulting
23 State and the approval of the Interstate Commission pursuant to
24 the Rules.
25 Section C. Judicial Enforcement
26 The Interstate Commission may, by majority vote of the
27 Members, initiate legal action in the United States District
28 Court for the District of Columbia or, at the discretion of the
29 Interstate Commission, in the Federal District where the
30 Interstate Commission has its offices to enforce compliance with
20050S0506B2110 - 201 -
1 the provisions of the Compact, its duly promulgated Rules and
2 Bylaws, against any Compacting State in default. In the event
3 judicial enforcement is necessary the prevailing party shall be
4 awarded all costs of such litigation including reasonable
5 attorneys fees.
6 Section D. Dissolution of Compact
7 The Compact dissolves effective upon the date of the
8 withdrawal or default of the Compacting State which reduces
9 membership in the Compact to one Compacting State.
10 Upon the dissolution of this Compact, the Compact becomes
11 null and void and shall be of no further force or effect, and
12 the business and affairs of the Interstate Commission shall be
13 wound up and any surplus funds shall be distributed in
14 accordance with the Bylaws.
15 ARTICLE XIII
16 SEVERABILITY AND CONSTRUCTION
17 The provisions of this Compact shall be severable, and if any
18 phrase, clause, sentence or provision is deemed unenforceable,
19 the remaining provisions of the Compact shall be enforceable.
20 The provisions of this Compact shall be liberally constructed to
21 effectuate its purposes.
22 ARTICLE XIV
23 BINDING EFFECT OF COMPACT AND OTHER LAWS
24 Section A. Other Laws
25 Nothing herein prevents the enforcement of any other law of a
26 Compacting State that is not inconsistent with this Compact. All
27 Compacting States' laws conflicting with this Compact are
28 superseded to the extent of the conflict.
29 Section B. Binding Effect of the Compact
30 All lawful actions of the Interstate Commission, including
20050S0506B2110 - 202 -
1 all Rules and Bylaws promulgated by the Interstate Commission,
2 are binding upon the Compacting States.
3 All agreements between the Interstate Commission and the
4 Compacting States are binding in accordance with their terms.
5 Upon the request of a party to a conflict over meaning or
6 interpretation of Interstate Commission actions, and upon a
7 majority vote of the Compacting States, the Interstate
8 Commission may issue advisory opinions regarding such meaning or
9 interpretation.
10 In the event any provision of this Compact exceeds the
11 constitutional limits imposed on the legislature of any
12 Compacting State, the obligations, duties, powers or
13 jurisdiction sought to be conferred by such provision upon the
14 Interstate Commission shall be ineffective and such obligations,
15 duties, powers or jurisdiction shall remain in the Compacting
16 State and shall be exercised by the agency thereof to which such
17 obligations, duties, powers or jurisdiction are delegated by law
18 in effect at the time this Compact becomes effective.
19 § 7113. When and how compact becomes operative.
20 (a) General rule.--When the Governor executes the Interstate
21 Compact for the Supervision of Adult Offenders on behalf of this
22 State and files a verified copy thereof with the Secretary of
23 the Commonwealth and when the compact is ratified by one or more
24 other states, then the compact shall become operative and
25 effective between this State and such other state or states. The
26 Governor is hereby authorized and directed to take such action
27 as may be necessary to complete the exchange of official
28 documents between this State and any other state ratifying the
29 compact.
30 (b) Notice in Pennsylvania Bulletin.--The Secretary of the
20050S0506B2110 - 203 -
1 Commonwealth shall publish a notice in the Pennsylvania Bulletin
2 when the conditions set forth in subsection (a) are satisfied
3 and shall include in the notice the date on which the compact
4 became effective and operative between this State and any other
5 state or states in accordance with this subchapter.
6 § 7114. State council and compact administrator.
7 (a) State council.--Consistent with Article IV of the
8 Interstate Compact for the Supervision of Adult Offenders, there
9 is hereby established the State Council for Interstate Adult
10 Offender Supervision. The council shall consist of nine members,
11 seven of whom shall be appointed by the Governor. At least two
12 members shall be judges of courts of record of this Commonwealth
13 and at least one shall be a county chief probation officer, a
14 representative from the executive branch of government, a
15 representative of victims groups and the compact administrator.
16 The President pro tempore of the Senate and the Speaker of the
17 House of Representatives shall each appoint a member of the
18 General Assembly to serve as a member of the council. The term
19 of a member of the council hereafter appointed, except to fill a
20 vacancy, shall be for four years and until a successor has been
21 appointed, but in no event more than 90 days beyond the
22 expiration of the appointed term. The term of a member of the
23 council who is appointed by virtue of serving as a member of the
24 General Assembly, as a judge or as a county chief probation
25 officer shall continue only as long as the individual remains in
26 that office. A vacancy occurring in an office of a member of the
27 council by expiration of term or for any other reason shall be
28 filled by the appointing authority for the remainder of the
29 term.
30 (b) Appointment of administrator.--The compact administrator
20050S0506B2110 - 204 -
1 shall be appointed by the Governor and shall serve as a member
2 of the State Council for the Supervision of Adult Offenders and
3 shall serve on the Interstate Commission for Adult Offender
4 Supervision established pursuant to the Interstate Compact for
5 the Supervision of Adult Offenders.
6 (c) Compensation and expenses of administrator.--The compact
7 administrator who represents this State, as provided for in
8 Article IV of the Interstate Compact for the Supervision of
9 Adult Offenders, shall not be entitled to any additional
10 compensation for his duties and responsibilities as compact
11 administrator but shall be entitled to reimbursement for
12 reasonable expenses actually incurred in connection with his
13 duties and responsibilities as compact administrator in the same
14 manner as for expenses incurred in connection with other duties
15 and responsibilities of his office or employment.
16 SUBCHAPTER C
17 ADMINISTRATIVE PROVISIONS
18 Sec.
19 7121. Deputization.
20 7122. Supervision of persons paroled by other states.
21 7123. Penalty.
22 § 7121. Deputization.
23 (a) General rule.--The chairperson of the Pennsylvania Board
24 of Probation and Parole may deputize any person to act as an
25 officer and agent of the Commonwealth in effecting the return of
26 any person who has violated the terms and conditions of parole
27 or probation as granted by the Commonwealth. In any matter
28 relating to the return of such person, an agent so deputized has
29 all the powers of a police officer of this Commonwealth.
30 (b) Evidence of deputization.--A deputization under this
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1 section must be in writing and a person authorized to act as an
2 agent of the Commonwealth under that authority shall carry
3 formal evidence of the deputization and shall produce it on
4 demand.
5 (c) Interstate contracts.--The chairperson of the
6 Pennsylvania Board of Probation and Parole may, subject to the
7 approval of the Auditor General, enter into contracts with
8 similar officials of any other state for the purpose of sharing
9 an equitable portion of the cost of effecting the return of any
10 person who has violated the terms and conditions of parole or
11 probation as granted by the Commonwealth.
12 § 7122. Supervision of persons paroled by other states.
13 (a) General rule.--In compliance with the Federal interstate
14 compact laws and the provisions of this section, the board may
15 supervise persons who are paroled by other states and reside in
16 this Commonwealth, where such other states agree to perform
17 similar services for the board.
18 (b) Witness Protection Program.--The board may relinquish
19 jurisdiction over a parolee to the proper Federal authorities
20 where the parolee is placed into the Witness Protection Program
21 of the United States Department of Justice.
22 (c) Applicability.--The provisions of this section shall
23 apply only to those persons under the supervision of the board.
24 (d) Contracting state obligations.--The contracting state
25 must adhere to this Commonwealth's laws regarding the interstate
26 compact, which are as follows:
27 (1) The contracting state solemnly agrees that it is
28 competent for the duly constituted judicial and
29 administrative authorities of a state party to the compact,
30 referred to as the "sending state," to permit any person
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1 convicted of an offense within such state and placed on
2 probation or released on parole to reside in any other state,
3 referred to as the "receiving state," while on probation or
4 parole if:
5 (i) A confirmed offer of viable employment or other
6 verifiable means of support exists.
7 (ii) A residence approved by the sending state shall
8 be available.
9 (2) The following information must be made available to
10 the receiving state from the sending state at the time the
11 application for acceptance to the receiving state shall be
12 filed:
13 (i) Institutional adjustment information on parolees
14 or probationers.
15 (ii) Current supervision history on parolees or
16 probationers.
17 (iii) A psychological report or psychological
18 update, completed no more than one year prior to the
19 receiving state's consideration, for persons convicted of
20 a violent offense.
21 (iv) The following information must be made
22 available to the receiving state for those cases defined
23 as a sexual offense:
24 (A) A summary of any type of treatment received
25 and dates of completion.
26 (B) A description of behavioral characteristics
27 that may have contributed to the parolee or
28 probationer's conduct.
29 (3) Any parolee or probationer convicted of a sexual
30 offense shall be required to:
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1 (i) Submit to mandatory registration and public
2 notification of all current addresses with the
3 Pennsylvania State Police.
4 (ii) Provide a signed copy of the "Pennsylvania
5 State Police Sexual Offender Registration Notification"
6 form and the "Pennsylvania State Police Sexual Offender
7 Registration" form to the receiving state.
8 (iii) Provide a signed copy of "Addendum to
9 Application for Compact Services/Agreement to Return"
10 form to the receiving state.
11 (4) Except as provided in this subsection, the receiving
12 state shall not consider the acceptance of supervision if the
13 parolee is already physically present in this Commonwealth.
14 Investigation and consideration of a case shall occur only
15 after the parolee returns to the sending state and proper
16 application is filed. The receiving state may consider the
17 acceptance of supervision if the probationer is already
18 physically present in this Commonwealth, where the
19 probationer has established domicile in the receiving state
20 before adjudication on the criminal offense.
21 (5) Electronic monitoring or other special conditions,
22 or both, of supervision shall be imposed as deemed necessary
23 by the receiving state.
24 (6) At the request of the receiving state, the sending
25 state shall agree to retake the parolee or probationer if
26 that individual violates any condition of probation or
27 parole.
28 (e) Definitions.--As used in this section the following
29 words and phrases shall have the meaning given to them in this
30 subsection unless the context clearly indicates otherwise:
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1 "Board." The Pennsylvania Board of Probation and Parole.
2 "Sexual offense."
3 (1) Any of the following offenses or an equivalent
4 offense that is classified as a felony and involves a victim
5 who is a minor:
6 18 Pa.C.S. § 2901 (relating to kidnapping).
7 18 Pa.C.S. § 5902(a) (relating to prostitution and
8 related offenses).
9 18 Pa.C.S. § 5903(a)(3), (4), (5) or (6) (relating to
10 obscene and other sexual materials and performances).
11 (2) Any of the following offenses or an equivalent
12 offense that is classified as a felony and involves a victim
13 who is younger than 13 years of age:
14 18 Pa.C.S. § 3126 (relating to indecent assault).
15 (3) Any of the following offenses or an equivalent
16 offense, regardless of the victim's age:
17 18 Pa.C.S. § 3121 (relating to rape).
18 18 Pa.C.S. § 3123 (relating to involuntary deviate
19 sexual intercourse).
20 18 Pa.C.S. § 3125 (relating to aggravated indecent
21 assault).
22 "Violent offense."
23 (1) Any of the following offenses or an equivalent
24 offense:
25 18 Pa.C.S. § 2502 (relating to murder).
26 18 Pa.C.S. § 2503 (relating to voluntary
27 manslaughter).
28 18 Pa.C.S. § 2702 (relating to aggravated assault).
29 18 Pa.C.S. § 2703 (relating to assault by prisoner).
30 18 Pa.C.S. § 2704 (relating to assault by life
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1 prisoner).
2 18 Pa.C.S. § 2901 (relating to kidnapping) where the
3 victim is a minor.
4 18 Pa.C.S. § 3121 (relating to rape).
5 18 Pa.C.S. § 3123 (relating to involuntary deviate
6 sexual intercourse).
7 18 Pa.C.S. § 3301 (relating to arson and related
8 offenses).
9 18 Pa.C.S. § 3502 (relating to burglary).
10 18 Pa.C.S. § 3701 (relating to robbery).
11 18 Pa.C.S. § 3923 (relating to theft by extortion)
12 where a threat of violence is made.
13 (2) A criminal attempt, criminal solicitation or
14 criminal conspiracy to commit any offenses set forth in this
15 definition.
16 "Other verifiable means of support." The term includes, but
17 is not limited to, support by parent, grandparent, sibling,
18 spouse or adult child. The term does not include public
19 assistance.
20 § 7123. Penalty.
21 A person who is on parole or probation in another state and
22 who resides in this Commonwealth in violation of section 6373
23 (relating to supervision of persons paroled by other states)
24 commits a misdemeanor of the first degree and shall be sentenced
25 to pay a fine of not more than $10,000 or to imprisonment for
26 not more than five years, or both.
27 Section 5. The addition of 61 Pa.C.S. Pts. I, II, III, IV
28 and V is a continuation of the acts and parts of acts listed in
29 section 7 of this act, except for the following:
30 Act of January 17, 1831 (P.L.12, No.12), entitled "A further
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1 supplement to an act, entitled, An act to reform the penal laws
2 of this Commonwealth."
3 Sections 3 and 14 of the act of April 14, 1835 (P.L.232,
4 No.140), entitled "A supplement to the act entitled An act to
5 provide for the erection of a new prison and a debtors'
6 apartment within the city and county of Philadelphia, and for
7 the sale of the county prison in Walnut street in said city."
8 Section 11 of the act of February 8, 1842 (P.L.12, No.10),
9 entitled "A supplement to an act entitled 'An act relating to
10 the prison of the county of Chester,' approved February first,
11 one thousand eight hundred and thirty-nine, and relative to the
12 Dauphin county prison."
13 The act of January 4, 1856 (P.L.711, No.661), entitled "A
14 further supplement to an act, entitled 'An Act to provide for
15 the erection of a new prison and debtors' apartment within the
16 city and county of Philadelphia, and for the sale of the county
17 prison in Walnut street in the said city, approved April
18 fourteenth, one thousand eight hundred thirty-five.'"
19 Sections 8, 12 and 14 of the act of June 2, 1871 (P.L.1301,
20 No.1209), entitled "An act to establish and maintain for the
21 city of Philadelphia, a house of correction, employment and
22 reformation for adults and minors."
23 Act of June 8, 1874 (P.L.278, No.163), entitled "An act
24 relating to prison inspectors and regulating prisons."
25 Sections 2 and 4 of the act of June 13, 1883 (P.L.112,
26 No.99), entitled "An act to abolish the contract system in the
27 prisons and reformatory institutions of the State of
28 Pennsylvania, and to regulate the wages of the inmates."
29 Act of June 22, 1897 (P.L.182, No.150), entitled "A
30 supplement to an act entitled 'An act for the punishment of
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1 cruelty to animals in this Commonwealth,' approved the twenty-
2 ninth day of March, one thousand eight hundred and sixty-nine,
3 requiring the keepers or persons in charge of all jails, lock-
4 ups and station-houses within the Commonwealth to receive all
5 persons arrested for any violation of the provisions of said
6 act."
7 Act of May 25, 1907 (P.L.247, No.191), entitled "An act
8 authorizing the employment of male prisoners of the jails, and
9 workhouses of this Commonwealth upon the public highways of the
10 several counties, and regulating the same; and providing for the
11 establishment of Prison Boards, the purchase of material and
12 tools, and employment of deputies, at the expense of the proper
13 county, and a penalty for the escape of prisoners while employed
14 outside of said jails, workhouses."
15 Act of May 28, 1913 (P.L.363, No.247), entitled "An act
16 regulating the discharge of prisoners on parole, from the penal
17 institutions of the Commonwealth."
18 Section 9 of the act of July 25, 1913 (P.L.1311, No.816),
19 entitled "An act providing for the establishment of a State
20 Industrial Home for Women; authorizing the purchase of a site,
21 and the erection thereon and equipment of necessary buildings;
22 providing for the commitment to said State Industrial Home for
23 Women of females between the ages of sixteen and thirty years,
24 convicted of, or pleading guilty to, the commission of any
25 criminal offense; and providing for the government and
26 management of said institution; and making an appropriation to
27 carry out the purposes of this act."
28 Act of July 19, 1917 (P.L.1117, No.378), entitled "An act
29 providing for the establishment, in cities of the first class,
30 of a house or houses of detention for witnesses and untried
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1 prisoners; for the commitment of such prisoners and witnesses
2 thereto; and for the payment of the cost of establishing and
3 maintaining the same by the county wherein said cities are
4 situated."
5 Act of May 1, 1929 (P.L.1184, No.416), entitled "An act
6 conferring and imposing certain powers and duties upon the State
7 Board of Pardons with respect to inmates of State penal and
8 correctional institutions released on parole."
9 Act of June 22, 1931 (P.L.864, No.280), entitled "An act
10 making a convict whose minimum sentence exceeds one-half of the
11 maximum sentence eligible to apply for release on parole when
12 said convict has served or will have served one-half his maximum
13 sentence."
14 Sections 25, 31, 32, 33, 33.1 and 34.1 of the act of August
15 6, 1941 (P.L.861, No.323), entitled, as amended, "An act to
16 create a uniform and exclusive system for the administration of
17 parole in this Commonwealth; providing state probation services;
18 establishing the 'Pennsylvania Board of Probation and Parole';
19 conferring and defining its jurisdiction, duties, powers and
20 functions; including the supervision of persons placed upon
21 probation and parole in certain designated cases; providing for
22 the method of appointment of its members; regulating the
23 appointment, removal and discharge of its officers, clerks and
24 employes; dividing the Commonwealth into administrative
25 districts for purposes of probation and parole; fixing the
26 salaries of members of the board and of certain other officers
27 and employes thereof; making violations of certain provisions of
28 this act misdemeanors; providing penalties therefor; and for
29 other cognate purposes, and making an appropriation."
30 Section 5 of the act of August 13, 1963 (P.L.774, No.390),
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1 entitled "An act authorizing courts to permit certain prisoners
2 to leave jail during reasonable and necessary hours for
3 occupational, scholastic or medical purposes; conferring powers
4 and imposing duties upon courts, county commissioners and
5 sheriffs and other persons in charge of a jail or workhouse."
6 Act of December 27, 1965 (P.L.1237, No.502), entitled "An act
7 establishing regional correctional facilities administered by
8 the Bureau of Correction as part of the State correctional
9 system; establishing standards for county jails, and providing
10 for inspection and classification of county jails and for
11 commitment to State correctional facilities and county jails."
12 Act of March 21, 1986 (P.L.64, No.19), known as the Private
13 Prison Moratorium and Study Act.
14 Chapters 3, 5, 9 and 11 of the act of July 1, 1990 (P.L.315,
15 No.71), known as the Prison Facilities Improvement Act.
16 Section 6. The following shall apply:
17 (1) Except as otherwise provided in 61 Pa.C.S. Pts. I,
18 II, III, IV and V, all activities initiated under any of the
19 acts identified in section 5 of this act shall continue and
20 remain in full force and effect and may be completed under 61
21 Pa.C.S. Pts. I, II, III, IV and V. Resolutions, orders,
22 regulations, rules and decisions which were made under any of
23 the acts identified in section 5 of this act and which are in
24 effect on the effective date of this section shall remain in
25 full force and effect until revoked, vacated or modified
26 under 61 Pa.C.S. Pts. I, II, III, IV and V. Contracts,
27 obligations and agreements entered into under any of the acts
28 identified in section 5 of this act are not affected nor
29 impaired by the continuation of the acts and parts of acts
30 identified in section 5.
20050S0506B2110 - 214 -
1 (2) Any difference in language between 61 Pa.C.S. Pts.
2 I, II, III, IV and V and the acts identified in section 5 of
3 this act is intended only to conform to the style of the
4 Pennsylvania Consolidated Statutes and is not intended to
5 change or affect the legislative intent, judicial
6 construction or administrative interpretation and
7 implementation of those acts, except as follows:
8 (i) 61 Pa.C.S. Part I.
9 (ii) 61 Pa.C.S. § 3104(f).
10 (iii) The definition of "motivational boot camp" in
11 61 Pa.C.S. § 3903, by deleting an obsolete reference to
12 ventilation therapy.
13 (iv) 61 Pa.C.S. § 5903, by adding a reference to
14 civilian clothing to conform to Department of Corrections
15 policy.
16 Section 7. (a) The repeals in this section are necessary to
17 effectuate this act.
18 (b) The following acts and parts of acts are repealed:
19 Act of March 29, 1819 (P.L.232, No.146), entitled "An act to
20 prevent the coroner of Philadelphia county from holding inquests
21 in certain cases, and for other purposes."
22 Act of January 17, 1831 (P.L.12, No.12), entitled "A further
23 supplement to an act, entitled, An act to reform the penal laws
24 of this Commonwealth."
25 Act of April 14, 1835 (P.L.232, No.140), entitled "A
26 supplement to the act entitled 'An act to provide for the
27 erection of a new prison and a debtors' apartment within the
28 city and county of Philadelphia, and for the sale of the county
29 prison in Walnut street in said city.'"
30 Act of February 8, 1842 (P.L.12, No.10), entitled "A
20050S0506B2110 - 215 -
1 supplement to an act entitled 'An act relating to the prison of
2 the county of Chester,' approved February first, one thousand
3 eight hundred and thirty-nine, and relative to the Dauphin
4 county prison."
5 Section 5 of the act of April 16, 1845 (P.L.507, No.342),
6 entitled "An act to provide for the ordinary expenses of the
7 government, repair of the canals and railroads of the state, and
8 other claims upon the commonwealth."
9 Act of January 4, 1856 (P.L.711, No.661), entitled "A further
10 supplement to an act, entitled 'An act to provide for the
11 erection of a new prison and debtors' apartment within the city
12 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 Act of April 18, 1857 (P.L.253, No.295), entitled "A further
16 supplement to an act to Reform the Penal Laws of this
17 Commonwealth, approved the seventeenth day of January, Anno
18 Domini one thousand eight hundred and thirty-one."
19 Act of May 1, 1861 (P.L.528, No.491), entitled "An act
20 granting further Powers to the Inspectors of the Philadelphia
21 County Prison."
22 Act of April 17, 1867 (P.L.87, No.68), entitled "An act to
23 authorize the Governor to appoint a person to visit prisons and
24 almshouses."
25 Act of June 2, 1871 (P.L.1301, No.1209), entitled "An act to
26 establish and maintain for the city of Philadelphia, a house of
27 correction, employment and reformation for adults and minors."
28 Act of June 8, 1874 (P.L.278, No.163), entitled "An act
29 relating to prison inspectors and regulating prisons."
30 Act of June 13, 1883 (P.L.112, No.99), entitled "An act to
20050S0506B2110 - 216 -
1 abolish the contract system in the prisons and reformatory
2 institutions of the State of Pennsylvania, and to regulate the
3 wages of the inmates."
4 Act of June 20, 1883 (P.L.125, No.110), entitled "An act to
5 require a brand upon all goods, wares, merchandise or other
6 article or thing made for sale by convict labor in any
7 penitentiary, reformatory prison, school or other establishment
8 in which convict labor is employed."
9 Act of May 9, 1889 (P.L.154, No.170), entitled "An act
10 authorizing and empowering boards of prison inspectors, in
11 counties where such boards exist, to fix the salaries of deputy
12 wardens, keepers and other persons employed in and about the
13 jails of such counties."
14 Act of June 26, 1895 (P.L.377, No.269), entitled "An act
15 authorizing the erection of work-houses in the several counties
16 of this Commonwealth."
17 Act of May 11, 1897 (P.L.49, No.41), entitled "An act
18 relating to appointment of Prison Commissioners in counties of
19 the Commonwealth having over one hundred and fifty thousand
20 population."
21 Act of June 22, 1897 (P.L.182, No.150), entitled "A
22 supplement to an act, entitled 'An act for the punishment of
23 cruelty to animals in this Commonwealth,' approved the twenty-
24 ninth day of March, one thousand eight hundred and sixty-nine,
25 requiring the keepers or persons in charge of all jails, lock-
26 ups and station-houses within the Commonwealth to receive all
27 persons arrested for any violation of the provisions of said
28 act."
29 Act of April 28, 1899 (P.L.89, No.75), entitled "An act
30 authorizing the employment of male prisoners of the jails and
20050S0506B2110 - 217 -
1 workhouses of this Commonwealth, and regulating the same, and
2 providing a penalty for an escape of prisoners while employed
3 outside of said jails or workhouses."
4 Act of March 20, 1903 (P.L.45, No.48), entitled "An act to
5 make active or visiting committees, of societies incorporated
6 for the purpose of visiting and instructing prisoners, official
7 visitors of penal and reformatory institutions."
8 Act of May 25, 1907 (P.L.247, No.191), entitled "An act
9 authorizing the employment of male prisoners of the jails, and
10 workhouses of this Commonwealth upon the public highways of the
11 several counties, and regulating the same; and providing for the
12 establishment of Prison Boards, the purchase of material and
13 tools, and employment of deputies, at the expense of the proper
14 county, and a penalty for the escape of prisoners while employed
15 outside of said jails, workhouses."
16 Act of April 23, 1909 (P.L.141, No.92), entitled "An act
17 providing for the use of borough and township lockups and city
18 or county prisons, for the detention of prisoners arrested by
19 sheriffs, constables, members of the State constabulary, or
20 other persons authorized by the laws of the Commonwealth to make
21 arrests, and entitling boroughs, townships, and cities to
22 receive remuneration for the same."
23 Act of May 14, 1909 (P.L.838, No.656), entitled "An act to
24 define the rights and functions of official visitors of jails,
25 penitentiaries, and other penal or reformatory institutions, and
26 providing for their removal."
27 Act of May 11, 1911 (P.L.274, No.176), entitled "An act to
28 prohibit the bringing into prisons of all weapons or other
29 implements which may be used to injure any convict or person, or
30 in assisting any convict to escape punishment, or the selling or
20050S0506B2110 - 218 -
1 furnishing of same to convicts; to prohibit the bringing into
2 prisons of all spirituous or fermented liquors, drugs,
3 medicines, poisons, opium, morphine, or any other kind or
4 character of narcotics; or the giving, selling or furnishing of
5 spirituous or fermented liquor, drugs, medicine, poison, opium,
6 morphine, or any other kind or character of narcotics; or
7 bringing into or taking out letters, notes, money, or contraband
8 goods of any kind, whatsoever; and providing a penalty for the
9 violation thereof."
10 Act of June 7, 1911 (P.L.677, No.268), entitled "An act
11 providing for the payment of the costs of proceedings and the
12 expenses of maintaining prisoners committed to county prisons,
13 either for non-payment of fines or penalties imposed for, or
14 while awaiting a hearing upon, any charge for the violation of
15 any city or borough ordinance, or any ordinance of townships of
16 the first class, by the city, borough, or township of the first
17 class whose ordinances are alleged to have been violated, or to
18 which any such fines or penalties are payable."
19 Act of June 19, 1911 (P.L.1059, No.813), referred to as the
20 County Jail and Workhouse Parole Law.
21 Act of May 28, 1913 (P.L.363, No.247), entitled "An act
22 regulating the discharge of prisoners on parole, from the penal
23 institutions of the Commonwealth."
24 Act of June 19, 1913 (P.L.532, No.340), entitled "A
25 supplement to an act approved the nineteenth day of June, one
26 thousand nine hundred eleven, entitled 'An act authorizing the
27 release on probation of certain convicts, instead of imposing
28 sentences; the appointment of probation and parole officers, and
29 the payment of their salaries and expenses; regulating the
30 manner of sentencing convicts in certain cases, and providing
20050S0506B2110 - 219 -
1 for their release on parole; their conviction of crime during
2 parole, and their re-arrest and reconviction for breach of
3 parole; and extending the powers and duties of boards of prison
4 inspectors of penitentiaries.'"
5 Act of July 22, 1913 (P.L.912, No.437), entitled "An act
6 providing for the payment of the costs incurred in the trial of
7 convicts and prisoners escaping, or attempting to escape, from
8 the several penitentiaries and reformatories of the Commonwealth
9 of Pennsylvania, by the respective counties from whose courts
10 the said escaping convicts or prisoners have been committed; and
11 providing for the maintenance of such convicts under sentence
12 for escape, et cetera."
13 Section 9 of the act of July 25, 1913 (P.L.1311, No.816),
14 entitled "An act providing for the establishment of a State
15 Industrial Home for Women; authorizing the purchase of a site,
16 and the erection thereon and equipment of necessary buildings;
17 providing for the commitment to said State Industrial Home for
18 Women of females between the ages of sixteen and thirty years,
19 convicted of, or pleading guilty to, the commission of any
20 criminal offense; and providing for the government and
21 management of said institution; and making an appropriation to
22 carry out the purposes of this act."
23 Act of May 24, 1917 (P.L.283, No.150), entitled "An act
24 fixing the residence of the warden of the county jail or prison,
25 in counties of this Commonwealth where the government of such
26 jail or prison is or may hereafter be vested in a prison board."
27 Act of July 17, 1917 (P.L.1036, No.337), entitled "A Joint
28 Resolution authorizing the authorities having control and
29 supervision of county jails and prisons to permit the employment
30 of inmates thereof on county or almshouse farms; exempting
20050S0506B2110 - 220 -
1 wardens and keepers from liability in certain cases for
2 escapes."
3 Act of July 19, 1917 (P.L.1117, No.378), entitled "An act
4 providing for the establishment, in cities of the first class,
5 of a house or houses of detention for witnesses and untried
6 prisoners; for the commitment of such prisoners and witnesses
7 thereto; and for the payment of the cost of establishing and
8 maintaining the same by the county wherein said cities are
9 situated."
10 Act of May 31, 1919 (P.L.356, No.170), entitled, as amended,
11 "An act authorizing courts of record to remove convicts and
12 persons confined in jails, workhouses, reformatories, reform or
13 industrial schools, penitentiaries, prisons, houses of
14 correction or any other penal institutions, who are seriously
15 ill, to other institutions; and providing penalties for breach
16 of prison."
17 Act of May 10, 1921 (P.L.433, No.209), entitled "An act
18 providing for the sentencing of certain criminals to
19 reformatories or houses of correction in counties of the first
20 class."
21 Act of May 16, 1921 (P.L.579, No.262), referred to as the
22 County Prison Board Law.
23 Act of May 19, 1923 (P.L.271, No.172), entitled "An act
24 providing a system of employment and compensation for the
25 inmates of county jails and prisons."
26 Act of June 14, 1923 (P.L.775, No.306), entitled "An act to
27 provide for the physical welfare of all persons confined
28 (whether such persons be tried or untried prisoners) in any
29 penitentiary or county prison in this Commonwealth."
30 Act of July 11, 1923 (P.L.1044, No.425), referred to as the
20050S0506B2110 - 221 -
1 Prisoner Transfer Law.
2 Act of April 27, 1927 (P.L.414, No.270), entitled, as
3 amended, "An act providing for a system of recording the
4 identification of persons convicted of crime, and of fugitives
5 from justice, and habitual criminals; conferring powers and
6 imposing duties upon the Pennsylvania State Police, district
7 attorneys, police officers, wardens or keepers of jails,
8 prisons, workhouses, or other penal institutions, and sheriffs;
9 providing for the payment of certain expenses by the counties;
10 and imposing penalties."
11 Sections 903-B and 904-B of the act of April 9, 1929
12 (P.L.177, No.175), known as The Administrative Code of 1929.
13 Act of May 1, 1929 (P.L.1182, No.414), entitled "An act
14 providing the procedure and the powers of the State Board of
15 Pardons and boards of trustees of penitentiaries where prisoners
16 released on parole violate the terms of such parole; and fixing
17 the penalty for such violation."
18 Act of May 1, 1929 (P.L.1184, No.416), entitled "An act
19 conferring and imposing certain powers and duties upon the State
20 Board of Pardons with respect to inmates of State penal and
21 correctional institutions released on parole."
22 Act of May 20, 1931 (P.L.138, No.99), entitled "An act
23 permitting the sale of prison made goods, in counties of the
24 first class, to such counties and to cities and school districts
25 and to political subdivisions of such counties and to certain
26 institutions therein; permitting contracts for such sales and
27 purchases, without advertising or competitive bidding;
28 permitting payment of compensation to inmates; and repealing
29 inconsistent laws."
30 Act of June 12, 1931 (P.L.512, No.166), referred to as the
20050S0506B2110 - 222 -
1 Industrial Farms and Workhouses Law.
2 Act of June 22, 1931 (P.L.864, No.280), entitled "An act
3 making a convict whose minimum sentence exceeds one-half of the
4 maximum sentence eligible to apply for release on parole when
5 said convict has served or will have served one-half his maximum
6 sentence."
7 Act of June 21, 1939 (P.L.660, No.307), entitled, as amended,
8 "An act providing for the return of escaped prisoners and
9 convicts after apprehension, to the penitentiary or state
10 institution from which they escape, by the agents of the
11 Department of Justice or the Pennsylvania State Police, and
12 requiring the penitentiary or state institution to defray the
13 expenses thereof."
14 Act of August 6, 1941 (P.L.861, No.323), referred to as the
15 Pennsylvania Board of Probation and Parole Law.
16 Act of May 17, 1945 (P.L.628, No.268), entitled "An act
17 requiring boards of prison inspectors in counties of the fourth
18 class to pay the premiums on all bonds required of employes
19 appointed by the board."
20 Act of May 11, 1949 (P.L.1191, No.359), entitled "An act for
21 the government, management and control of county jails and
22 prisons in counties of sixth, seventh and eighth classes."
23 Article XXX-A of the act of July 28, 1953 (P.L.723, No.230),
24 known as the Second Class County Code.
25 Act of December 13, 1955 (P.L.829, No.240), entitled "An act
26 authorizing the commitment to the Department of Public Welfare
27 in any city of the first class persons convicted of crimes and
28 sentences by courts situate within such city to a city or county
29 penal institution, where such Department has established a
30 correctional, diagnostic and classification service, and
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1 authorizing the transfer of prisoners between such institutions
2 by the Department."
3 Act of December 13, 1955 (P.L.841, No.246), entitled "An act
4 authorizing cooperative return of parole and probation violators
5 and the making of contracts or deputization of persons pursuant
6 thereto."
7 Act of August 6, 1963 (P.L.521, No.277), entitled "An act
8 providing that probation officers shall have the power of peace
9 officers in the performance of their duties."
10 Act of August 13, 1963 (P.L.774, No.390), entitled "An act
11 authorizing courts to permit certain prisoners to leave jail
12 during reasonable and necessary hours for occupational,
13 scholastic or medical purposes; conferring powers and imposing
14 duties upon courts, county commissioners and sheriffs and other
15 persons in charge of a jail or workhouse."
16 Act of December 22, 1965 (P.L.1189, No.472), entitled "An act
17 establishing a correctional facility for criminological
18 diagnosis, classification, social and psychological treatment
19 and research, medical treatment and staff training."
20 Act of December 27, 1965 (P.L.1237, No.502), entitled "An act
21 establishing regional correctional facilities administered by
22 the Bureau of Correction as part of the State correctional
23 system; establishing standards for county jails, and providing
24 for inspection and classification of county jails and for
25 commitment to State correctional facilities and county jails."
26 Act of July 16, 1968 (P.L.351, No.173), referred to as the
27 Prisoner Pre-release Plan Law.
28 Act of December 22, 1969 (P.L.394, No.175), entitled "An act
29 providing for the establishment, operation and maintenance of
30 detention facilities for certain persons by adjoining counties
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1 on approval by the Bureau of Correction."
2 Act of October 16, 1972 (P.L.913, No.218), entitled "An act
3 establishing regional community treatment centers for women
4 administered by the Bureau of Correction of the Department of
5 Justice as part of the State Correctional System, providing for
6 the commitment of females to such centers and their temporary
7 release therefrom for certain purposes, restricting confinement
8 of females in county jails and conferring powers and duties upon
9 the Department of Justice and the Bureau of Correction."
10 Act of December 30, 1974 (P.L.1075, No.348), known as the
11 Interstate Corrections Compact.
12 Act of March 21, 1986 (P.L.64, No.19), known as the Private
13 Prison Moratorium and Study Act.
14 Chapters 3, 5, 9 and 11 of the act of July 1, 1990 (P.L.315,
15 No.71), known as the Prison Facilities Improvement Act.
16 Act of December 7, 1990 (P.L.615, No.156), known as the
17 Official Visitation of Prisons Act.
18 Act of December 19, 1990 (P.L.1391, No.215), known as the
19 Motivational Boot Camp Act.
20 Act of December 27, 1994 (P.L.1354, No.158), known as the
21 County Probation and Parole Officers' Firearm Education and
22 Training Law.
23 Act of May 16, 1996 (P.L.220, No.40), known as the Prison
24 Medical Services Act.
25 Act of June 18, 1998 (P.L.622, No.80), entitled "An act
26 providing for a procedure and method of execution; and making
27 repeals."
28 Act of December 3, 1998 (P.L.932, No.120), entitled "An act
29 requiring all prison inmates to wear identifiable prison
30 uniforms while incarcerated."
20050S0506B2110 - 225 -
1 Act of June 19, 2002 (P.L.377, No.56), known as the
2 Interstate Compact for the Supervision of Adult Offenders Act.
3 (c) The following acts are also repealed:
4 Act of June 25, 1937 (P.L.2086, No.415), entitled "An act
5 providing for the making of compacts by the Commonwealth with
6 other states for mutual helpfulness in relation to persons on
7 probation or parole; and imposing certain powers and duties on
8 the Governor and the Board of Pardons."
9 Act of July 20, 1968 (P.L.441, No.207), entitled "An act
10 providing for the incarceration of probationers or parolees in
11 certain other states under certain circumstances."
12 (d) The act of December 8, 1959 (P.L.1718, No.632),
13 entitled, as amended, "An act providing for the payment of the
14 salary, medical and hospital expenses of employes of State penal
15 and correctional institutions, State mental hospitals, Youth
16 Development Centers, County Boards of Assistance, and under
17 certain conditions other employes of the Department of Public
18 Welfare, who are injured in the performance of their duties; and
19 providing benefit to their widows and dependents in certain
20 cases," is repealed insofar as it relates to employees of State
21 correctional institutions as that term is defined in 61 Pa.C.S.
22 § 102 (relating to definitions).
23 Section 8. A reference in any act or part of an act to:
24 (1) A parole agent of a county shall be deemed a
25 reference to a probation officer.
26 (2) A parole officer of the State shall be deemed a
27 reference to a parole agent.
28 (3) The County Probation and Parole Officers' Firearm
29 Education and Training Program shall be deemed a reference to
30 the County Probation Officers' Firearm Education and Training
20050S0506B2110 - 226 -
1 Program.
2 (4) The County Probation and Parole Officers' Firearm
3 Education and Training Fund shall be deemed a reference to
4 the County Probation Officers' Firearm Education and Training
5 Fund.
6 Section 9. The County Probation Officers' Firearm Education
7 and Training Commission is a continuation of the County
8 Probation and Parole Officers' Firearm Education and Training
9 Commission.
10 Section 10. The County Probation Officers' Firearm Education
11 and Training Fund is a continuation of the County Probation and
12 Parole Officers' Firearm Education and Training Fund.
13 Section 11. This act shall take effect as follows:
14 (1) Section 7(c) of this act shall take effect on the
15 date that the Interstate Compact for the Supervision of Adult
16 Offenders becomes effective and operative between this State
17 and any other state or states in accordance with 61 Pa.C.S. §
18 7113.
19 (2) The remainder of this act shall take effect
20 immediately.
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