PRINTER'S NO. 1882
No. 1542 Session of 1997
INTRODUCED BY PETTIT, WAUGH, CLARK, STERN, VANCE, MASLAND,
FAIRCHILD, GEORGE, FARGO, ZUG, SATHER, NAILOR, GEIST,
MARKOSEK, PHILLIPS, STABACK, LYNCH, M. N. WRIGHT, BROWN,
ARGALL, EGOLF, TRICH, HERMAN, E. Z. TAYLOR, MELIO, TIGUE,
BOSCOLA, JAMES, STEELMAN, RAMOS, L. I. COHEN, HENNESSEY,
ROHRER, GODSHALL, TRELLO, BUNT, OLASZ, SAYLOR, BROWNE,
PLATTS, SEMMEL, THOMAS, MILLER, BAKER, TRUE, PRESTON,
BENNINGHOFF, ROSS, CLYMER, SEYFERT AND B. SMITH, JUNE 3, 1997
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 3, 1997
AN ACT
1 Authorizing all Commonwealth departments, agencies, county
2 commissioners, boards of inspectors or other officials in
3 charge of correctional facilities to establish inmate work
4 programs.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Short title.
8 This act shall be known and may be cited as the Inmate Work
9 Force Act.
10 Section 2. Declaration of policy.
11 The General Assembly finds and declares as follows:
12 In the best interests of inmates, citizens and the
13 environment of this Commonwealth, it is the intent of the
14 General Assembly to allow inmates to participate in community
15 and departmental work force programs, which provide inmates with
16 voluntary and constructive work projects involving the repair
1 and maintenance of our public parks and roads, and to assist
2 municipalities during local emergencies and recognized nonprofit
3 enterprises, at the request of any State agency or county
4 commissioner, with the approval by the Secretary of Corrections,
5 county commissioners, boards of inspectors or other officials in
6 charge of correctional facilities. It is not the intent of the
7 General Assembly to authorize inmate work projects which would
8 otherwise be performed by the Commonwealth or private sector
9 workers, nor to pose an unreasonable risk to the safety of
10 citizens or inmates.
11 Section 3. Definitions.
12 The following words and phrases when used in this act shall
13 have the meanings given to them in this section unless the
14 context clearly indicates otherwise:
15 "Community service project." A project undertaken or carried
16 out by the Commonwealth or a municipality for a recognized
17 charitable organization which shall include repair or
18 maintenance of any park, playground or recreational area owned
19 by that charitable organization.
20 "Correctional facility." A jail, prison or detention
21 facility that is operated by the Commonwealth or a county or by
22 more than one county and that is used for the detention and
23 confinement of convicted persons. The term includes any
24 motivational boot camp as defined in section 3 of the act of
25 December 19, 1990 (P.L.1391, No.215), known as the Motivational
26 Boot Camp Act.
27 "Department." The Department of Corrections of the
28 Commonwealth.
29 "Inmate." An individual who has been convicted of an
30 indictable offense and is serving a sentence in a facility or
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1 institution.
2 "Local emergency." The term shall have the meaning as
3 defined in 35 Pa.C.S. § 7102 (relating to definitions).
4 "Municipality." A municipal corporation or quasi-municipal
5 authority for the use of the general public as a matter of right
6 for the purpose of vehicular traffic.
7 "Public service work project." A project undertaken or
8 carried out by the Commonwealth or a municipality which shall
9 include repair or maintenance of any Commonwealth or municipal
10 park, playground or recreational area or any public road or
11 within a public facility.
12 "Secretary." The Secretary of Corrections of the
13 Commonwealth.
14 Section 4. Inmate work force.
15 (a) Authorization.--The department, county commissioners,
16 boards of inspectors or others in charge of correctional
17 facilities are hereby authorized to establish an inmate work
18 force. A work force established under this section shall be used
19 at the discretion of the department, county commissioners,
20 boards of inspectors or other officials in charge of correction
21 facilities for litter retrieval and collection on public roads,
22 for other public service and community service projects and to
23 assist municipalities during local emergencies. The work force
24 shall be composed of inmates who in the determination of the
25 department, county commissioners, boards of inspectors or other
26 officials in charge of correctional facilities will safely
27 perform the work assigned.
28 (b) Exceptions to inmate eligibility.--No inmate may
29 participate in work projects under this act whose presence in
30 the community would present a danger to public safety or who has
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1 been convicted under one or more of the following provisions:
2 18 Pa.C.S. Ch. 25 (relating to criminal homicide).
3 18 Pa.C.S. § 2702 (relating to aggravated assault).
4 18 Pa.C.S. § 2901 (relating to kidnapping).
5 18 Pa.C.S. § 3121 (relating to rape).
6 18 Pa.C.S. § 3122.1 (relating to statutory sexual assault).
7 18 Pa.C.S. 3123 (relating to involuntary deviate sexual
8 intercourse).
9 18 Pa.C.S. § 3124.1 (relating to sexual assault).
10 18 Pa.C.S. § 3125 (relating to aggravated indecent assault).
11 18 Pa.C.S. § 3701 (a)(1)(i), (ii) and (iii) (relating to
12 robbery).
13 18 Pa.C.S. § 5121 (relating to escape).
14 (c) Qualifications to participate.--Any inmate assigned to
15 the work force shall be physically and medically able to perform
16 the work as determined by the appropriate correctional facility.
17 No inmate has the right, regardless of qualifications, to
18 participate on any work force.
19 (d) Supervision of work force.--While detailed to the work
20 force, inmates shall be under the general supervision and
21 control of staff employees designated by the department, county
22 commissioners, boards of inspectors or other officials in charge
23 of correctional facilities. Inmates who flee such work force
24 programs shall be deemed to have escaped pursuant to the
25 provisions of 18 Pa.C.S. § 5121.
26 Section 5. Request for work force required.
27 A work force shall be detailed only upon written request by a
28 Commonwealth department or agency and an appropriate officer of
29 a municipality or charitable organization in accordance with the
30 rules and regulations of the secretary or county commissioners.
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1 Section 6. Notice to municipality and school district.
2 Twenty-four hours prior to the arrival of a work force at a
3 worksite, a department, county commissioners, boards inspectors
4 or other officials in charge of correctional facilities shall
5 give notice to the appropriate officials of the municipality and
6 school district within the boundaries of the municipality and
7 school district.
8 Section 7. Application of act.
9 This act shall not affect or change the method or manner of
10 the statutory authority to compel such labor on behalf of the
11 Commonwealth or any political subdivision thereof.
12 Section 8. Effective date.
13 This act shall take effect in 60 days.
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