PRINTER'S NO. 539
No. 506 Session of 2005
INTRODUCED BY GREENLEAF, COSTA, O'PAKE, STOUT, THOMPSON,
PILEGGI, TOMLINSON, KITCHEN AND M. WHITE, MARCH 29, 2005
REFERRED TO JUDICIARY, MARCH 29, 2005
AN ACT
1 Codifying Title 61 (Penal and Correctional Institutions) of the
2 Pennsylvania Consolidated Statutes, amending the title
3 heading; adding definitions, provisions relating to general
4 administration of correctional institutions, State
5 correctional institutions, county correctional institutions,
6 the Philadelphia County Prison, house of detention for
7 untried inmates and witnesses and correctional institutions
8 improvement, inmate labor, medical services, visitation,
9 motivational boot camp, execution procedure and method,
10 miscellaneous matters relating thereto, probation and parole
11 generally, the Pennsylvania Board of Probation and Parole,
12 County Probation and Parole Officers' Firearm Education and
13 Training, and correctional institution interstate compacts;
14 and making repeals relating to codification.
15 TABLE OF CONTENTS
16 TITLE 61
17 PRISONS, PROBATION 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
1 Subchapter A. Penal Operations and Procedures
2 § 1101. Benefits to injured employees of State correctional
3 institutions.
4 § 1102. Correctional facility for criminological diagnosis.
5 § 1103. Recording system for identification of criminal
6 offenders.
7 Subchapter B. Inmate Transfers
8 § 1151. General transfer authorization.
9 § 1152. Transfer of inmates in need of medical treatment.
10 § 1153. Transfers to department.
11 § 1154. Expense of removing certain inmates.
12 § 1155. Law enforcement use of county correctional
13 institutions.
14 Subchapter C. Escaped Inmates
15 § 1161. Return of escaped inmates.
16 § 1162. Escaped inmate costs.
17 § 1163. Maintenance of escaping inmates under new sentence.
18 § 1164. Criminal offense during confinement.
19 Chapter 13. (Reserved)
20 Chapter 15. (Reserved)
21 Chapter 17. County Correctional Institutions
22 Subchapter A. County Jail Oversight Board in Counties of
23 the Second Class
24 § 1701. Scope.
25 § 1702. Definitions.
26 § 1703. County jail oversight board.
27 § 1704. Powers and duties.
28 § 1705. Rules and regulations.
29 § 1706. Warden.
30 § 1707. Board meetings.
20050S0506B0539 - 2 -
1 § 1708. Contracts and purchases.
2 Subchapter B. Counties of the Third through Eighth Classes
3 § 1711. Establishment.
4 § 1712. Board meetings.
5 § 1713. Appointment of warden and employees.
6 § 1714. Powers of peace officers.
7 § 1715. Expenditures.
8 § 1716. Bonding requirement.
9 Subchapter C. Alternative Plan for Certain Counties
10 § 1721. Sixth, seventh and eighth class counties.
11 § 1722. Appointment of prison commissioners.
12 Subchapter D. Penal Operations and Procedures
13 § 1731. (Reserved).
14 § 1732. Costs of confinement.
15 § 1733. Board of inspectors to regulate salaries of wardens
16 and other staff.
17 § 1734. Residence of warden.
18 § 1735. Bonds for county prison staff in fourth class counties.
19 § 1736. Property exempt from taxation.
20 Subchapter E. Joint Detention Centers
21 § 1741. Establishment by adjoining counties.
22 § 1742. Selection of site.
23 § 1743. Buildings.
24 § 1744. Construction contracts.
25 § 1745. Advisory board.
26 § 1746. Meetings.
27 § 1747. Superintendent and employees.
28 § 1748. Rules and regulations.
29 § 1749. Initial transfer of inmates.
30 § 1750. Employment of inmates.
20050S0506B0539 - 3 -
1 § 1751. Cost of transporting inmates.
2 § 1752. Financial reporting.
3 § 1753. Allocation of expenses to counties.
4 § 1754. County appropriations.
5 § 1755. Exemption from taxation.
6 Subchapter F. Joint Industrial Farms and Workhouses
7 § 1761. Establishment by counties.
8 § 1762. Selection of site.
9 § 1763. Buildings.
10 § 1764. Construction contracts.
11 § 1765. Advisory board.
12 § 1766. Meetings.
13 § 1767. Superintendent and employees.
14 § 1768. Rules and regulations.
15 § 1769. Initial transfer of inmates.
16 § 1770. Employment of inmates.
17 § 1771. Cost of transporting inmates.
18 § 1772. Nature of inmate employment.
19 § 1773. Sale of goods and materials.
20 § 1774. Financial reporting.
21 § 1775. Allocation of expenses to counties.
22 § 1776. Borrowing authorized.
23 § 1777. Exemption from taxation.
24 § 1778. Nonapplicability.
25 Subchapter G. House of Correction
26 § 1781. Appropriations for improvements, railroad connection
27 and commitments.
28 § 1782. Arrest of disorderly minors.
29 § 1783. Commitment of disorderly minors and appeal.
30 § 1784. Employment of inmates.
20050S0506B0539 - 4 -
1 § 1785. Punishment for refusal to work.
2 § 1786. Punishment for destroying property.
3 § 1787. Supplies and reports.
4 § 1788. Deficiency in maintenance.
5 § 1789. Term of commitment for adults.
6 § 1790. Habeas corpus.
7 § 1791. Inebriates.
8 § 1792. Power of Department of Public Welfare.
9 § 1793. Annual statement.
10 Chapter 19. Philadelphia County Prison
11 Subchapter A. Establishment
12 § 1901. Name of jail and appointment of inspectors.
13 § 1902. Visiting inspectors.
14 § 1903. Duties of physician.
15 § 1904. Visitors to have permission in writing.
16 § 1905. Treatment of inmates on discharge.
17 § 1906. County of the first class to supply deficiency in
18 furnishing and maintaining prison.
19 § 1907. Inmates sentenced for less than two years to county
20 prison.
21 § 1908. Vagrants and disorderly persons.
22 Subchapter B. Administration
23 § 1911. Sentences may be served in Philadelphia County Prison.
24 § 1912. Coroner of first class county not to hold inquests on
25 convicts, except in certain cases.
26 § 1913. Inspectors to discharge inmates.
27 § 1914. Treatment of inmates convicted of capital offenses.
28 § 1915. Philadelphia County Prison and debtors' apartment.
29 Chapter 21. House of Detention for Untried Inmates and
30 Witnesses
20050S0506B0539 - 5 -
1 § 2101. Cities of the first class.
2 § 2102. Administration.
3 § 2103. Compensation prohibited and term of office.
4 § 2104. Site selection.
5 § 2105. Persons submit to commitment.
6 § 2106. Cost of site procurement.
7 § 2107. Superintendent.
8 § 2108. Cost of maintenance.
9 Chapter 23. Improvements to State Correctional Institutions
10 Subchapter A. Preliminary Provisions
11 § 2301. Short title of chapter.
12 § 2302. Declaration of policy.
13 § 2303. Definitions.
14 Subchapter B. Lease Purchase Agreements
15 § 2311. Authorization.
16 § 2312. Terms of lease agreements.
17 § 2313. Selection of contractor.
18 § 2314. Award of contract.
19 § 2315. Construction oversight and inspection.
20 § 2316. Exemption and nonapplicable acts.
21 § 2317. Location of facility.
22 § 2318. Report to General Assembly.
23 Subchapter C. Itemization of Public Improvement Projects
24 § 2321. Total authorizations.
25 § 2322. Itemization of public improvement projects.
26 § 2323. Special provisions.
27 § 2324. Debt authorization.
28 § 2325. Issue of bonds.
29 § 2326. Estimated useful life and term of debt.
30 § 2327. Use of funds previously appropriated.
20050S0506B0539 - 6 -
1 § 2328. Federal funds.
2 § 2329. Insurance proceeds.
3 § 2330. Current revenues.
4 Subchapter D. Incurring Indebtedness for County Prisons
5 § 2341. Definitions.
6 § 2342. Referendum to authorize incurring indebtedness.
7 § 2343. Authority to borrow.
8 § 2344. Bonds, issue, maturity, interest, etc.
9 § 2345. Sale of bonds.
10 § 2346. Refunding bonds.
11 § 2347. Registration of bonds.
12 § 2348. Disposition and use of proceeds.
13 § 2349. Local Criminal Justice Sinking Fund.
14 § 2350. Expenses of preparation, issue and sale of bonds.
15 § 2351. Temporary financing authorization.
16 § 2352. Quorum.
17 § 2353. Information to General Assembly.
18 § 2354. Grants to counties.
19 § 2355. Multicounty regional prison facilities.
20 § 2356. Appropriation.
21 Subchapter E. Construction of New Prison
22 § 2361. Total authorization.
23 § 2362. Itemization of public improvement project.
24 § 2363. Debt authorization.
25 § 2364. Issue of bonds.
26 § 2365. Estimated useful life and term of debt.
27 § 2366. Appropriation.
28 § 2367. Federal funds.
29 Subchapter F. Multicounty Regional Prison Facilities
30 § 2371. Authorization.
20050S0506B0539 - 7 -
1 § 2372. Prison services contracts.
2 Subsection G. Miscellaneous Provisions
3 § 2381. Military installation limitation.
4 PART III. INMATE CONFINEMENT
5 Chapter 31. Inmate Labor
6 § 3101. Inmates to be employed.
7 § 3102. (Reserved).
8 § 3103. Disposition of proceeds of labor.
9 § 3104. Agricultural labor at county correctional
10 institutions.
11 § 3105. Inmate labor in county correctional institutions.
12 § 3106. Inmate labor in counties of the first class.
13 § 3107. Inmate-made goods to be branded.
14 § 3108. Sale of inmate-made goods.
15 Chapter 33. Medical Services
16 § 3301. Short title of chapter.
17 § 3302. Definitions.
18 § 3303. Medical Services Program.
19 § 3304. Powers and duties of department.
20 § 3305. Costs outstanding upon release.
21 § 3306. Report to General Assembly.
22 § 3307. Applicability.
23 Chapter 35. Visitation
24 Subchapter A. General Provisions
25 § 3501. Gubernatorial visitor for philanthropic purposes.
26 § 3502. Official visitors.
27 § 3503. Rights of official visitors.
28 Subchapter B. Official Visitation
29 § 3511. Short title of subchapter.
30 § 3512. Definitions.
20050S0506B0539 - 8 -
1 § 3513. Visitation.
2 § 3514. Employees of official visitor.
3 Chapter 37. Motivational Boot Camp
4 § 3701. Short title of chapter.
5 § 3702. Declaration of policy.
6 § 3703. Definitions.
7 § 3704. Selection of inmate participants.
8 § 3705. Motivational boot camp program.
9 § 3706. Procedure for selection of participant in motivational
10 boot camp program.
11 § 3707. Completion of motivational boot camp program.
12 § 3708. Appeals.
13 Chapter 39. Execution Procedure and Method
14 § 3901. Definitions.
15 § 3902. Issuance of warrant.
16 § 3903. Terms of confinement.
17 § 3904. Method of execution.
18 § 3905. Witnesses to execution.
19 § 3906. Certification of superintendent.
20 § 3907. Postmortem examination.
21 § 3908. Costs of execution and examination.
22 Chapter 59. Miscellaneous Provisions
23 § 5901. Physical welfare of inmates.
24 § 5902. Contraband prohibited.
25 § 5903. Temporary release from county correctional institution.
26 § 5904. Inmate uniforms.
27 § 5905. Assessment and collection of costs.
28 PART IV. PROBATION AND PAROLE
29 Chapter 61. General Provisions
30 Subchapter A. Preliminary Provisions
20050S0506B0539 - 9 -
1 § 6101. Inability to procure sponsor.
2 § 6102. Application for release when minimum sentence exceeds
3 one-half maximum.
4 Subchapter B. Inmate Prerelease Plans
5 § 6111. Establishment of prerelease centers.
6 § 6112. Release plan for inmates.
7 § 6113. Rules and regulations.
8 § 6114. Salaries and wages of inmates.
9 Chapter 63. Pennsylvania Board of Probation and Parole
10 Subchapter A. Preliminary Provisions
11 § 6301. Short title of chapter.
12 § 6302. Definitions.
13 § 6303. Operation of parole system generally.
14 Subchapter B. Administration
15 § 6310. Pennsylvania Board of Probation and Parole.
16 § 6311. Board chairperson.
17 § 6312. Board action.
18 § 6313. Salaries of board members.
19 § 6314. Incompatible offices and removal.
20 § 6315. Meetings.
21 § 6316. Official seal.
22 § 6317. Offices.
23 § 6318. District supervisors.
24 § 6319. District office employees.
25 § 6320. Disciplinary action.
26 § 6321. Political activities.
27 § 6322. Advisory committee.
28 Subchapter C. Powers and Duties
29 § 6331. General powers of board.
30 § 6332. Specific powers of board involving parolees.
20050S0506B0539 - 10 -
1 § 6333. Supervision of probationer.
2 § 6334. Sentencing court to transmit records to board.
3 § 6335. Investigation of circumstances of offense.
4 § 6336. Right of access to inmates.
5 § 6337. Parole power.
6 § 6338. Violation of terms of parole.
7 § 6339. Parole on motion by board.
8 § 6340. Victim statements, testimony and participation in
9 hearing.
10 § 6341. General rules and special regulations.
11 § 6342. Court-ordered probation in lieu of sentence.
12 § 6343. Parole without board supervision.
13 § 6344. Judicial power to release inmates.
14 Subchapter D. State Parole Officers
15 § 6351. Definitions.
16 § 6352. Status as peace officers.
17 § 6353. Supervisory relationship to offenders.
18 Subchapter E. County Probation Officers
19 § 6361. Definitions.
20 § 6362. Supervisory relationship to offenders.
21 § 6363. Peace officer power for probation officers.
22 Subchapter F. Miscellaneous Provisions
23 § 6371. Applicability.
24 § 6372. Scope.
25 § 6373. Board powers involving individuals granted clemency.
26 § 6374. Board of Pardons.
27 Chapter 65. County Probation and Parole Officers' Firearm
28 Education and Training
29 § 6501. Short title of chapter.
30 § 6502. Definitions.
20050S0506B0539 - 11 -
1 § 6503. County Probation and Parole Officers' Firearm
2 Education and Training Commission.
3 § 6504. Commission membership.
4 § 6505. Powers and duties of commission.
5 § 6506. Training mandatory.
6 § 6507. Requirements for program participation or waiver.
7 § 6508. County Probation and Parole Officers' Firearm
8 Education and Training Fund.
9 § 6509. 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. The heading of Title 61 of the Pennsylvania
29 Consolidated Statutes is amended and Title 61
30 is amended by adding parts to read:
20050S0506B0539 - 12 -
1 TITLE 61
2 [PENAL AND CORRECTIONAL INSTITUTIONS]
3 PRISONS, PROBATION 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,
15 Probation and 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
20050S0506B0539 - 13 -
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 19. Philadelphia County Prison
17 21. House of Detention for Untried Inmates and Witnesses
18 23. Improvements to State Correctional Institutions
19 CHAPTER 11
20 GENERAL ADMINISTRATION
21 Subchapter
22 A. Penal Operations and Procedures
23 B. Inmate Transfers
24 C. Escaped Inmates
25 SUBCHAPTER A
26 PENAL OPERATIONS AND PROCEDURES
27 Sec.
28 1101. Benefits to injured employees of State correctional
29 institutions.
30 1102. Correctional facility for criminological diagnosis.
20050S0506B0539 - 14 -
1 1103. Recording system for identification of criminal
2 offenders.
3 § 1101. Benefits to injured employees of State correctional
4 institutions.
5 (a) General rule.--An employee of a State correctional
6 institution who is injured during the course of that employment
7 by an act of an inmate or by any person who has been committed
8 to the State correctional institution by any court of the
9 Commonwealth or by any provision of the act of July 9, 1976
10 (P.L.817, No.143), known as the Mental Health Procedures Act,
11 shall be paid by the Commonwealth the employee's full salary
12 until the disability arising from the injury no longer prevents
13 the employee's return as an employee of the department at a
14 salary equal to that earned by the employee at the time of the
15 injury.
16 (b) Medical and hospital expenses.--All medical and hospital
17 expenses incurred in connection with an injury described in
18 subsection (a) shall be paid by the Commonwealth until the
19 disability arising from the injury no longer prevents the
20 employee's return as an employee of the department at a salary
21 equal to that earned by the employee at the time of the injury.
22 (c) Workers' compensation.--During the time salary for an
23 injury described in subsection (a) shall be paid by the
24 Commonwealth, any workers' compensation received or collected
25 for the period shall be turned over to the Commonwealth and paid
26 into the General Fund. If such payment is not made, the amount
27 due the Commonwealth shall be deducted from any salary then or
28 thereafter becoming due and owing to the employee.
29 (d) Survivor benefits.--
30 (1) The surviving spouse and minor dependents of an
20050S0506B0539 - 15 -
1 employee who dies within one year as a result of an injury
2 described in subsection (a) shall be paid benefits equal to
3 50% of the full salary of the deceased employee.
4 (2) (i) When a surviving spouse and minor dependents
5 not in the custody of the surviving spouse are entitled
6 to payments, 50% of the payments shall be paid to the
7 surviving spouse and 50% to the dependents.
8 (ii) In every case the amount payable to minor
9 dependents shall be divided equally among them and be
10 paid to the persons or institutions having custody of
11 them.
12 (3) (i) In the case of a surviving spouse or a
13 surviving spouse with minor dependents in the custody of
14 the surviving spouse, the benefits shall terminate when
15 the surviving spouse remarries.
16 (ii) In the case of minor dependents, except when in
17 the custody of a remarried surviving spouse, the benefits
18 shall terminate when all of the minor dependents become
19 18 years of age.
20 (iii) Neither a surviving spouse nor minor
21 dependents shall receive any benefits under this section
22 while receiving benefits under the Social Security Act
23 (49 Stat. 620, 42 U.S.C. § 301 et seq.).
24 (4) The benefits provided by this subsection shall be
25 reduced by the amount of any workers' compensation benefits
26 received or collected by the surviving spouse or minor
27 dependents because of the same injury.
28 (5) Payments for the benefit of minor dependents shall
29 be made to the person having legal custody of them.
30 (e) Effect of injury on leave of absence.--No absence from
20050S0506B0539 - 16 -
1 duty of any State employee to whom this section applies by
2 reason of any injury described in subsection (a) shall in any
3 manner be deducted from any period of leave allowed the employee
4 by law or by regulation.
5 § 1102. Correctional facility for criminological diagnosis.
6 (a) Establishment.--There is hereby established a
7 correctional facility for criminological diagnosis,
8 classification, social and psychological treatment and research,
9 medical treatment and staff training.
10 (b) Operation and management.--The Office of General
11 Counsel, through the department, shall operate and manage the
12 correctional facility established under this section, including
13 staff training and the treatment, care, maintenance, employment
14 and rehabilitation of the inmates in that facility.
15 § 1103. Recording system for identification of criminal
16 offenders.
17 (a) General rule.--The Pennsylvania State Police shall
18 continue to procure and file for record photographs, pictures,
19 descriptions, fingerprints and such other information pertaining
20 to all persons who have been or may after the effective date of
21 this section be convicted of a criminal offense within this
22 Commonwealth and also of all well-known and habitual criminal
23 offenders, wherever they may be procured.
24 (b) Cooperation from chief administrators.--Chief
25 administrators of correctional facilities shall furnish to the
26 Pennsylvania State Police, upon request, the fingerprints,
27 photographs and description of any inmate.
28 (c) Fingerprinting and photographing authorized.--
29 (1) The Pennsylvania State Police, chief administrators
30 of correctional facilities and all police officers within the
20050S0506B0539 - 17 -
1 several political subdivisions of this Commonwealth may take
2 or cause to be taken the fingerprints or photographs of any
3 person in custody, charged with the commission of a criminal
4 offense or reasonably believed to be a fugitive from justice
5 or a habitual criminal. This paragraph shall not apply to
6 persons charged with a violation of 75 Pa.C.S. (relating to
7 vehicles) which is punishable upon conviction in a summary
8 proceeding unless the person is reasonably believed to be a
9 fugitive from justice or a habitual criminal.
10 (2) The chiefs of law enforcement bureaus of all cities
11 within this Commonwealth shall furnish daily to the
12 Pennsylvania State Police copies of the fingerprints and, if
13 possible, photographs of any person arrested within their
14 jurisdiction charged with the commission of a criminal
15 offense classified as a felony of any degree, or who is
16 reasonably believed to be a fugitive from justice or a
17 habitual criminal. Such fingerprints shall be taken on forms
18 furnished or approved by the Pennsylvania State Police.
19 (3) The Pennsylvania State Police immediately upon the
20 receipt of records under this subsection shall compare them
21 with those already in their files and, if they find that any
22 person arrested has a previous criminal record or is a
23 fugitive from justice, shall immediately inform the arresting
24 officer or the officer having the inmate in charge of that
25 fact.
26 (d) Cooperation outside this Commonwealth.--The Pennsylvania
27 State Police shall cooperate with agencies of other states and
28 of the United States having similar powers to develop and carry
29 on a complete interstate, national and international system of
30 criminal identification and investigation and also to furnish,
20050S0506B0539 - 18 -
1 upon request, any information in its possession concerning any
2 person charged with a criminal offense to any court, district
3 attorney or police officer of this Commonwealth, another state
4 or the United States.
5 (e) District attorneys may employ experts.--
6 (1) District attorneys may employ experts on
7 fingerprints to assist them in the investigation of pending
8 cases and to testify at the trial thereof. The compensation
9 of any such expert shall be fixed by the district attorney
10 employing the expert, with the approval of the court of
11 common pleas, and shall be paid from the county treasury upon
12 warrant of the county commissioners in the usual manner.
13 (2) The district attorney of any county, the chief
14 administrator of a county correctional institution, any
15 expert employed by the district attorney or any other person
16 designated by the district attorney may, upon the written
17 order of the district attorney, take the fingerprints of any
18 person confined in the county correctional institution for
19 use in the identification of the inmate or for the inmate's
20 trial.
21 (3) (i) The district attorneys of the several counties
22 shall keep and arrange files of the fingerprints, taken
23 under this section, of persons convicted of a criminal
24 offense and shall destroy the fingerprints of all persons
25 acquitted.
26 (ii) The files of fingerprints maintained by the
27 district attorneys shall be open to the inspection of any
28 other district attorney of this Commonwealth, or their
29 representatives, or of the Pennsylvania State Police or
30 any sheriff or law enforcement officer.
20050S0506B0539 - 19 -
1 SUBCHAPTER B
2 INMATE TRANSFERS
3 Sec.
4 1151. General transfer authorization.
5 1152. Transfer of inmates in need of medical treatment.
6 1153. Transfers to department.
7 1154. Expense of removing certain inmates.
8 1155. Law enforcement use of county correctional institutions.
9 § 1151. General transfer authorization.
10 (a) County to State.--At the request of the chief
11 administrator of a county correctional institution, the
12 secretary or his designee may transfer inmates located in a
13 county correctional institution to the State correctional
14 institution system for such reasons and upon such terms and
15 conditions as the secretary may determine. The secretary or his
16 designee may transfer inmates in the State correctional
17 institution system to the jurisdiction of a county correctional
18 institution system upon such terms and conditions that the
19 secretary or his designee and the chief administrator of the
20 county correctional institution determine to be in the best
21 interests of the Commonwealth.
22 (b) County to county.--An inmate located in a county
23 correctional institution may be transferred to another county
24 correctional institution upon such terms and conditions as the
25 counties may determine.
26 (c) Federal to county or State.--The department and county
27 correctional institutions may contract with the Federal
28 Government for the housing of Federal inmates in correctional
29 facilities.
30 § 1152. Transfer of inmates in need of medical treatment.
20050S0506B0539 - 20 -
1 (a) General rule.--Whenever an inmate is shown to a court of
2 record by due proof that the inmate is seriously ill and that it
3 is necessary to remove the inmate from the correctional
4 institution, the court may:
5 (1) Modify its sentence, impose a suitable sentence or
6 modify the order of confinement for trial, as the case may
7 be.
8 (2) Provide for the confinement or care of the inmate in
9 some other suitable institution where proper medical
10 treatment may be administered.
11 (b) Recommitment.--When an inmate is removed under
12 subsection (a) and recovers from the serious illness, the court
13 shall recommit the inmate to the correctional facility from
14 which the inmate was removed.
15 (c) Penalty.--An inmate who is removed under an order of
16 court pursuant to subsection (a) and escapes commits an offense
17 under 18 Pa.C.S. § 5121(a) (relating to escape).
18 § 1153. Transfers to department.
19 (a) Cities of the first class.--Every person sentenced by
20 any court to a county correctional institution situate in a city
21 of the first class shall be committed to the custody of the
22 department, where the department has established a correctional,
23 diagnostic and classification service for persons convicted of
24 any crime.
25 (b) Duty of department.--
26 (1) Every person committed to the custody of the
27 department under subsection (a) shall be confined, diagnosed
28 and classified by the department.
29 (2) Upon the completion of the diagnosis and
30 classification, the person shall be placed in the county
20050S0506B0539 - 21 -
1 correctional institution of the city determined to be most
2 appropriate for the service of sentence.
3 (3) In making the determination under paragraph (2), the
4 department shall consider the problem of rehabilitation,
5 security, adequacy of facilities and such other factors as,
6 in its opinion, will serve to promote the rehabilitation of
7 inmates, consistent with the security and protection of the
8 county.
9 (c) Intradepartmental transfers.--The department may
10 transfer between any correctional institutions under its control
11 or supervision an inmate confined and serving in any of those
12 institutions, whether the sentence is imposed before or after
13 the effective date of this section, if the transfer is, in the
14 opinion of the department, consistent with the standards for
15 original placement set forth in subsection (b).
16 § 1154. Expense of removing certain inmates.
17 The expenses of conveying inmates from the several counties
18 of this Commonwealth to the State correctional institutions in
19 the Eastern Region and Western Region shall be paid by the
20 counties from which the inmates may be sent.
21 § 1155. Law enforcement use of county correctional
22 institutions.
23 (a) General rule.--Sheriffs, constables, members of the
24 Pennsylvania State Police and other persons authorized by the
25 laws of this Commonwealth to make arrests shall have the use,
26 for a period not to exceed 48 hours, of borough and township
27 lockups and county correctional institutions for the detention
28 of persons arrested until they can be disposed of according to
29 law, if found necessary by the officer in charge.
30 (b) Reimbursement.--
20050S0506B0539 - 22 -
1 (1) Boroughs, cities and townships are entitled to
2 receive compensation of not more than $2 per day of 24 hours,
3 for each prisoner detained under subsection (a), from the
4 treasury of the county having jurisdiction over the person
5 detained.
6 (2) This subsection does not apply to counties of the
7 second class.
8 SUBCHAPTER C
9 ESCAPED INMATES
10 Sec.
11 1161. Return of escaped inmates.
12 1162. Escaped inmate costs.
13 1163. Maintenance of escaping inmates under new sentence.
14 1164. Criminal offense during confinement.
15 § 1161. Return of escaped inmates.
16 (a) General rule.--In all cases where an inmate after an
17 escape from a State correctional institution is apprehended or
18 arrested by any officer having authority to make such arrest,
19 the officer shall notify the State correctional institution from
20 which the escape was made. The State correctional institution
21 shall notify the Office of General Counsel or the Pennsylvania
22 State Police, who shall immediately send an officer or officers
23 to return the inmate to the State correctional institution.
24 (b) Expenses.--All necessary expenses incurred by the
25 officer or officers in returning an escaped inmate to the State
26 correctional institution shall be borne by the State
27 correctional institution from which the escape was made, which
28 expenses shall be refunded to the Office of General Counsel or
29 the Pennsylvania State Police, as the case may be, whose officer
30 or agent makes the return.
20050S0506B0539 - 23 -
1 § 1162. Escaped inmate costs.
2 (a) County jurisdiction.--
3 (1) The cost of transporting an escaped inmate under the
4 jurisdiction of the county from the place of capture to any
5 county correctional institution after being sentenced for the
6 escape or for the commission of any crime or offense
7 following such escape and before apprehension, the cost of
8 maintenance while confined in the county correctional
9 institution awaiting trial, as well as the costs of the trial
10 for the violation by an inmate under the jurisdiction of the
11 county under 18 Pa.C.S. § 5121 (relating to escape), or of
12 the trial for crimes and offenses committed after the escape
13 and before apprehension, or of the trial for crimes and
14 offenses committed on the grounds or within the buildings of
15 any county correctional institution, as well as the costs
16 incurred in any proceedings on writs of habeas corpus, coram
17 nobis or other petitions arising out of any escape or crime
18 or the trials therefor or in any appeals of any such
19 proceedings or trials shall in each instance be borne and
20 paid by the respective counties of the Commonwealth from
21 whose courts the inmates were originally committed to any
22 county correctional institution.
23 (2) The county liable for costs under this subsection
24 shall, upon bills rendered by the county paying the costs in
25 the first instance, pay to that county the amount of the
26 costs.
27 (b) State jurisdiction.--The cost of transporting escaped
28 inmates under the jurisdiction of the Commonwealth from the
29 place of capture to any State correctional institution after
30 being sentenced for the escape, or for the commission of any
20050S0506B0539 - 24 -
1 criminal offense following the escape and before apprehension,
2 as well as the costs of the trial for escape or breaking away of
3 inmates from any State correctional institution or the violation
4 by the inmates under the jurisdiction of the Commonwealth under
5 18 Pa.C.S. § 5121, or of the trial for crimes and offenses
6 committed after such escape and before apprehension, or of the
7 trial for crimes and offenses committed on the grounds or within
8 the buildings of any State correctional institution, as well as
9 the costs incurred in any proceedings on writs of habeas corpus,
10 coram nobis or other petitions arising out of any escape or
11 criminal offense or the trials therefor, or in any appeals of
12 any such proceedings or trials, shall in each instance be borne
13 and paid by the Commonwealth.
14 (c) Definition.--As used in this section, the term "costs"
15 includes, but is not limited to, charges for court stenographer,
16 district attorney, witness fees, district justice, clerk of
17 court, public defender and court-appointed attorney.
18 § 1163. Maintenance of escaping inmates under new sentence.
19 (a) County jurisdiction.--In case of conviction and sentence
20 of an escaping inmate under the jurisdiction of the county, the
21 costs of maintenance of the inmates under such new sentence
22 shall be borne by the county from which the inmate was
23 originally committed.
24 (b) State jurisdiction.--In case of conviction and sentence
25 of an escaping inmate under the jurisdiction of the
26 Commonwealth, the costs of maintenance of the inmate under such
27 new sentence shall be borne by the Commonwealth.
28 (c) Additional police expenses.--Any additional police
29 expenses incurred by a political subdivision as a result of the
30 escape of an inmate under the jurisdiction of the Commonwealth
20050S0506B0539 - 25 -
1 shall be borne by the Commonwealth.
2 § 1164. Criminal offense during confinement.
3 Where an inmate is in a State correctional institution either
4 because of the inmate's sentence pursuant to the inmate's
5 conviction or plea of guilty to a criminal charge or because of
6 a commitment issued by any court of the Commonwealth having
7 jurisdiction and, while so confined, the inmate commits a
8 criminal offense and is subsequently convicted or enters a plea
9 of guilty, the expenses of keeping the inmate in any State
10 correctional institution pursuant to such subsequent conviction
11 or plea of guilty shall be borne by the Commonwealth.
12 CHAPTER 13
13 (RESERVED)
14 CHAPTER 15
15 (RESERVED)
16 CHAPTER 17
17 COUNTY CORRECTIONAL INSTITUTIONS
18 Subchapter
19 A. County Jail Oversight Board in Counties of
20 the Second Class
21 B. Counties of the Third through Eighth Classes
22 C. Alternative Plan for Certain Counties
23 D. Penal Operations and Procedures
24 E. Joint Detention Centers
25 F. Joint Industrial Farms and Workhouses
26 G. House of Correction
27 SUBCHAPTER A
28 COUNTY JAIL OVERSIGHT BOARD IN COUNTIES OF THE SECOND CLASS
29 Sec.
30 1701. Scope.
20050S0506B0539 - 26 -
1 1702. Definitions.
2 1703. County jail oversight board.
3 1704. Powers and duties.
4 1705. Rules and regulations.
5 1706. Warden.
6 1707. Board meetings.
7 1708. Contracts and purchases.
8 § 1701. Scope.
9 This subchapter relates to county jail oversight boards in
10 counties of the second class.
11 § 1702. Definitions.
12 The following words and phrases when used in this subchapter
13 shall have the meanings given to them in this section unless the
14 context clearly indicates otherwise:
15 "Board." The county jail oversight board of a county.
16 "County." A county of the second class.
17 § 1703. County jail oversight board.
18 (a) Establishment.--There is hereby established in each
19 county a county jail oversight board which shall be named the
20 County Jail Oversight Board. The board shall be a
21 continuation of the county prison board originally established
22 under the former act of December 10, 1980 (P.L.1152, No.208),
23 known as the Second Class County Prison Board Act and the former
24 Article XXX-A of the act of July 28, 1953 (P.L.723, No.230),
25 known as the Second Class County Code.
26 (b) Composition.--The board shall be composed of:
27 (1) The county chief executive.
28 (2) Two judges of the court of common pleas, one of whom
29 shall be the president judge or his designee who shall be a
30 judge, and one judge appointed by the president judge.
20050S0506B0539 - 27 -
1 (3) The county sheriff.
2 (4) The county controller.
3 (5) The president of county council or his designee.
4 (6) Three citizen members as provided in subsection (c).
5 (c) Qualifications of citizen members.--The citizen members
6 shall not be employees of the county or of the Commonwealth.
7 They shall serve for a term of three years and shall be
8 representative of the broad segments of the county's population
9 and shall include persons whose background and experience
10 indicate that they are qualified to act in the interest of the
11 public. The citizen members shall be appointed by the county
12 chief executive with the consent of county council.
13 § 1704. Powers and duties.
14 (a) General rule.--The board's administrative powers and
15 duties shall include the operation and maintenance of the prison
16 and all alternative housing facilities, the oversight of the
17 health and safekeeping of inmates and the confirmation of the
18 chief executive's selection of a warden.
19 (b) Living conditions.--The board shall insure that the
20 living conditions within the prison and alternative housing
21 facilities are healthful and otherwise adequate.
22 (c) Unannounced inspections.--The board shall, at least
23 twice each year, conduct an unannounced inspection of the
24 prison's physical plant. During such inspections the board shall
25 interview a cross section of inmates, out of the presence of the
26 warden and his agents, to determine the conditions within the
27 prison and alternative housing facilities. After each
28 inspection, the board shall prepare a written report setting
29 forth its findings and determinations which shall be available
30 for public inspection.
20050S0506B0539 - 28 -
1 (d) Operations to be consistent with law.--The board shall
2 insure that the prison is being operated in accordance with its
3 regulations, the laws and regulations of this Commonwealth and
4 of the United States.
5 (e) Investigations.--The board shall investigate allegations
6 of inadequate prison conditions and improper practices occurring
7 within the prison and may make such other investigations or
8 reviews of prison operation and maintenance. The books, papers
9 and records of the prison, including, but not limited to, the
10 papers and records of the warden and those relating to
11 individual inmates, shall at all times be available for
12 inspection by the board.
13 § 1705. Rules and regulations.
14 The board shall, in the manner provided by law, promulgate
15 such rules, regulations and forms it deems necessary for the
16 proper administration of the board and for the operation of the
17 prison and alternative housing facilities.
18 § 1706. Warden.
19 (a) Appointment.--
20 (1) The chief executive shall appoint a warden subject
21 to confirmation by the board. The warden shall serve at the
22 pleasure of the chief executive, who shall fix an appropriate
23 salary.
24 (2) The warden shall be a resident of the county six
25 months after the date of appointment.
26 (b) Duty to employ staff.--Subject to approval of the
27 manager, the warden shall employ deputies, assistants and other
28 personnel required to adequately operate the prison and
29 alternative housing facilities.
30 (c) Duty to report.--
20050S0506B0539 - 29 -
1 (1) The warden shall submit an annual written report to
2 the board which shall contain information on the population,
3 conditions and practices in the prison and other matters as
4 specified by the board. The annual report shall be available
5 for public inspection.
6 (2) The warden shall report to the county chief
7 executive and to the board.
8 § 1707. Board meetings.
9 The board shall meet at least once each month and shall keep
10 regular minutes of its proceedings which shall be open to public
11 inspection.
12 § 1708. Contracts and purchases.
13 All contracts and purchases required for the maintenance and
14 support of the prisoners, repairs and improvements of the prison
15 and alternative housing facilities and materials and supplies
16 shall be conducted in accordance with the applicable provisions
17 of the county administrative code.
18 SUBCHAPTER B
19 COUNTIES OF THE THIRD THROUGH EIGHTH CLASSES
20 Sec.
21 1711. Establishment.
22 1712. Board meetings.
23 1713. Appointment of warden and employees.
24 1714. Powers of peace officers.
25 1715. Expenditures.
26 1716. Bonding requirement.
27 § 1711. Establishment.
28 (a) General rule.--
29 (1) In counties of the third, fourth and fifth class,
30 the persons now holding the following offices and their
20050S0506B0539 - 30 -
1 successors in each county of the third, fourth or fifth class
2 shall compose a board to be known as the board of inspectors
3 of the jail or county prison.
4 (2) The following persons shall be members of the board:
5 (i) The president judge of the court of common pleas
6 or a judge designated by him.
7 (ii) The district attorney.
8 (iii) The sheriff.
9 (iv) The controller.
10 (v) The county commissioners.
11 (3) The board and the officers appointed by it shall
12 provide for the safekeeping, discipline and employment of
13 inmates and the government and management of the correctional
14 institution.
15 (4) The duty of the sheriff relating to the safekeeping
16 of inmates shall cease and determine on their committal to
17 the correctional institution, and the sheriff may not be
18 furnished a residence in the correctional institution.
19 (5) Notwithstanding the provisions of paragraph (2), the
20 president judge may choose at any time to delete the judge
21 position from the board by so notifying the chairperson and
22 secretary of the board in writing. The decision to delete
23 this position shall remain in effect for as long as the
24 president judge making the decision shall remain as president
25 judge and thereafter until rescinded in like fashion by a
26 successor.
27 (b) Counties that may elect to be subject to subchapter.--
28 Any county of the sixth, seventh or eighth class may elect by
29 resolution of the county commissioners to be governed by the
30 provisions of this subchapter.
20050S0506B0539 - 31 -
1 § 1712. Board meetings.
2 (a) Quorum.--A majority of the members of the board shall
3 constitute a quorum for the transaction of business, and all
4 actions of the board shall be by the approval of a majority of
5 all the members of the board.
6 (b) Frequency and nature of meetings.--
7 (1) The board shall meet monthly, or more often if
8 required, and keep regular minutes of their proceedings in a
9 book to be filed with the financial records of the county.
10 The board shall make such rules and regulations for the
11 government and management of the county correctional
12 institution and the safekeeping, discipline and employment of
13 the inmates, as may be deemed necessary.
14 (2) The meetings shall be held at the county
15 correctional institution no less often than quarterly.
16 § 1713. Appointment of warden and employees.
17 The board shall appoint a warden of the county correctional
18 institution. The warden, subject to the approval of the board,
19 may appoint such deputy or deputies, assistant or assistants or
20 corrections officers as may be required in the taking care of
21 the county correctional institution. The number and compensation
22 of such deputies, assistants or corrections officers shall be
23 fixed by the salary board.
24 § 1714. Powers of peace officers.
25 A chief administrator, deputy warden or corrections officer
26 of a county correctional institution may exercise the powers of
27 a peace officer in the performance of that person's duties
28 generally in:
29 (1) Guarding, protecting and delivering inmates.
30 (2) Protecting the property and interests of the county.
20050S0506B0539 - 32 -
1 (3) Capturing and returning inmates that may have
2 escaped.
3 § 1715. Expenditures.
4 All the expenditures required for the support and maintenance
5 of inmates and the repairs and improvement of the county
6 correctional institution shall be paid from the county treasury
7 by warrants drawn, in the mode prescribed by law, on the regular
8 appropriation for the purpose. No warrant shall be certified by
9 the controller for any expense connected with the county
10 correctional institution unless on vouchers approved by a
11 majority of the board and endorsed by the president and
12 secretary of the board, and all contracts involving an
13 expenditure of funds from the county treasury shall be made in
14 accordance with the procedures set forth in Article XVIII of the
15 act of August 9, 1955 (P.L.323, No.130), known as The County
16 Code.
17 § 1716. Bonding requirement.
18 The chief administrator of a county correctional institution,
19 at the time of appointment, shall give bond, with good and
20 sufficient security to be fixed and approved by the board of
21 inspectors, for the faithful performance of the chief
22 administrator's duty and may at any time be removed by the board
23 for misconduct or inefficiency. All deputies, assistants or
24 corrections officers shall also give bond if required by the
25 board and may at any time be suspended by the chief
26 administrator or removed by the board.
27 SUBCHAPTER C
28 ALTERNATIVE PLAN FOR CERTAIN COUNTIES
29 Sec.
30 1721. Sixth, seventh and eighth class counties.
20050S0506B0539 - 33 -
1 1722. Appointment of prison commissioners.
2 § 1721. Sixth, seventh and eighth class counties.
3 (a) Management by sheriff.--In a county of the sixth,
4 seventh and eighth class, the government, management and control
5 of the county prison and the safekeeping, care, maintenance,
6 discipline and employment of the inmates therein are vested in
7 the sheriff of the county and the officers and employees
8 appointed by the sheriff.
9 (b) Residence may be furnished.--The sheriff and the
10 sheriff's family may be furnished a residence in the county
11 prison.
12 (c) Staffing.--The sheriff shall from time to time, with
13 approval of the county salary board, appoint as many corrections
14 officers and other employees of the county prison as the salary
15 board shall approve. The compensation of the corrections
16 officers and other employees shall be fixed by the county salary
17 board in the same manner as the compensation of other appointed
18 county officers and employees.
19 § 1722. Appointment of prison commissioners.
20 Whenever the appointment of prison commissioners in any
21 county having a population of more than 150,000 is by law lodged
22 in the judges of the court of common pleas, the appointments
23 shall, in all cases as nearly as possible, be equally divided
24 between the two political parties polling the highest number of
25 votes at the preceding general election.
26 SUBCHAPTER D
27 PENAL OPERATIONS AND PROCEDURES
28 Sec.
29 1731. (Reserved).
30 1732. Costs of confinement.
20050S0506B0539 - 34 -
1 1733. Board of inspectors to regulate salaries of wardens and
2 other staff.
3 1734. Residence of warden.
4 1735. Bonds for county prison staff in fourth class counties.
5 1736. Property exempt from taxation.
6 § 1731. (Reserved).
7 § 1732. Costs of confinement.
8 (a) Liability of cities.--
9 (1) When an inmate is committed to any county
10 correctional institution in this Commonwealth, either for the
11 nonpayment of a fine or penalty imposed for the violation of
12 any city ordinance or while awaiting a hearing upon any
13 charge for the violation of any city ordinance, the costs of
14 proceedings and the expenses of maintaining the inmate during
15 his confinement by virtue of the commitment shall be borne
16 and paid by the city whose ordinance was alleged to have been
17 violated or to which any such fines or penalties are payable.
18 (2) The county in which the city is located shall not be
19 liable to the sheriff for any such maintenance or to any
20 officer, magistrate or person for any costs of such
21 proceedings.
22 (b) Nonapplicability.--This section does not apply to a city
23 of the third class.
24 § 1733. Board of inspectors to regulate salaries of wardens and
25 other staff.
26 (a) General rule.--The board of inspectors in any county
27 where such board exists shall, from time to time, fix and change
28 the salaries and compensation of the deputy wardens, corrections
29 officers and other persons employed in and about the county
30 prison.
20050S0506B0539 - 35 -
1 (b) Nonapplicability.--This section shall not apply to
2 counties in which cities are coextensive with the counties.
3 § 1734. Residence of warden.
4 In any county where the government of the county prison is
5 vested in a prison board, the prison board may fix the place of
6 residence of the warden of the county prison either in the jail
7 or elsewhere.
8 § 1735. Bonds for county prison staff in fourth class counties.
9 In any county of the fourth class in which there is a board
10 of inspectors, the board shall pay out of the public moneys
11 under its jurisdiction the premiums on all bonds of employees
12 appointed by the board who are required to furnish bond.
13 § 1736. Property exempt from taxation.
14 All the property, real and personal, authorized to be held
15 under the former act of June 26, 1895 (P.L.377, No.269),
16 entitled "An act authorizing the erection of work-houses in the
17 several counties of this Commonwealth," shall be exempt from
18 taxation and from levy and sale by virtue of execution or any
19 other process.
20 SUBCHAPTER E
21 JOINT DETENTION CENTERS
22 Sec.
23 1741. Establishment by adjoining counties.
24 1742. Selection of site.
25 1743. Buildings.
26 1744. Construction contracts.
27 1745. Advisory board.
28 1746. Meetings.
29 1747. Superintendent and employees.
30 1748. Rules and regulations.
20050S0506B0539 - 36 -
1 1749. Initial transfer of inmates.
2 1750. Employment of inmates.
3 1751. Cost of transporting inmates.
4 1752. Financial reporting.
5 1753. Allocation of expenses to counties.
6 1754. County appropriations.
7 1755. Exemption from taxation.
8 § 1741. Establishment by adjoining counties.
9 (a) Authority.--The county commissioners of any two or more
10 adjoining counties may join in establishing, according to a
11 plan, detention facilities for the confinement of persons
12 awaiting trial or sentence on criminal charges, convicted on
13 criminal charges or not otherwise eligible for confinement in
14 other county correctional institutions.
15 (b) Preapproval of plan by department.--Before establishing
16 detention facilities, the counties shall submit their plan to
17 the department for approval. The department may require, as a
18 condition to approving any plan, that two or more adjoining
19 counties join with another adjoining county to establish
20 detention facilities.
21 § 1742. Selection of site.
22 Whenever the commissioners of any two or more adjoining
23 counties decide and agree to construct a joint detention
24 facility, they shall acquire a suitable site for the facility.
25 The site may be selected from suitable lands already held by any
26 county of the district for county purposes from lands donated
27 for such purposes or any quantity of land within the respective
28 districts. In the selection of a site, there shall be taken into
29 consideration the objects and purposes of the joint detention
30 center. Title to the land shall be approved by the county
20050S0506B0539 - 37 -
1 solicitor of the county in which the land is located, or such
2 other title guarantee corporation or attorney as may be
3 designated by the commissioners of the counties, and shall be
4 taken in the name of the county or counties comprising the
5 district. The site, before purchase, shall be approved by the
6 department.
7 § 1743. Buildings.
8 After the selection and acquisition of sites, the county
9 commissioners of the counties may erect and construct suitable
10 and necessary buildings thereon, repair any buildings already
11 erected and equip the sites for use and occupancy.
12 § 1744. Construction contracts.
13 Joint detention facilities shall be constructed by contract
14 or contracts let by the county commissioners of the counties to
15 the lowest responsible and best bidder after due advertisement
16 in at least one newspaper, published in each of the counties
17 joining in the erection of the joint detention facilities, once
18 a week for two consecutive weeks. When so constructed, the joint
19 detention facilities shall be equipped by the county
20 commissioners of the counties at the cost of the counties in the
21 same manner as other county buildings are equipped.
22 § 1745. Advisory board.
23 After joint detention facilities have been erected and
24 equipped and are ready for occupancy, the president judges of
25 the courts of common pleas of the counties joining in the
26 construction of the joint detention facilities shall appoint an
27 advisory board to consist of three persons from each of the
28 counties. The president judge of each of the counties shall
29 appoint one member of the board to serve for one year, one to
30 serve for two years, and one to serve for three years, or until
20050S0506B0539 - 38 -
1 their successors are appointed and qualified. All appointments
2 at the expiration of any term shall be for a term of three
3 years.
4 § 1746. Meetings.
5 (a) General rule.--The advisory board shall meet at such
6 times as it deems necessary. The board shall visit and inspect
7 and keep in close touch with the management and operation of the
8 joint detention facilities and shall, from time to time, make
9 such recommendations and suggestions to the county commissioners
10 for changes or improvements in the management and operations of
11 the joint detention facilities as may be deemed advisable. It
12 shall also make an annual report to the county commissioners
13 concerning the management and operation of the joint detention
14 facilities.
15 (b) Administrative support.--The county commissioners shall,
16 at the expense of the counties, provide a meeting place for the
17 board and furnish all supplies and materials necessary to carry
18 on its work.
19 (c) Reimbursement of expenses.--The members of the board
20 shall not receive any compensation for their services, but shall
21 be reimbursed for all actual and necessary expenses incurred in
22 the discharge of their duties, which expenses shall be paid by
23 the counties as part of the cost of maintenance of the joint
24 detention facilities.
25 § 1747. Superintendent and employees.
26 The county commissioners of the counties may, after
27 consultation with the advisory board, employ a superintendent
28 and such other employees as may be necessary to conduct and
29 manage properly the joint detention facilities and shall fix
30 their compensation. The duties of those officers shall be
20050S0506B0539 - 39 -
1 prescribed by the rules and regulations of the joint detention
2 facilities. They shall hold their offices, respectively, at the
3 pleasure of and their compensation shall be fixed by the
4 appointing power.
5 § 1748. Rules and regulations.
6 The county commissioners of the counties shall, before any
7 inmate may be admitted to the joint detention facilities, after
8 consulting with the advisory board, make general rules and
9 regulations for the management of the joint detention
10 facilities, which rules and regulations shall be effective after
11 they are approved by the department.
12 § 1749. Initial transfer of inmates.
13 When, in any district formed by counties under this
14 subchapter, the arrangements are complete for the reception of
15 inmates, transfer of all persons who are subject to confinement
16 as provided in this subchapter shall be made to the joint
17 detention facilities of the district.
18 § 1750. Employment of inmates.
19 An inmate of a joint detention facility under the provisions
20 of this subchapter, unless disqualified by sickness or
21 otherwise, shall be kept at some useful employment as may be
22 suited to the inmate's age and capacity and as may tend to
23 promote the best interest of the inmate. If an inmate refuses to
24 perform the work assigned to the inmate or is guilty of other
25 acts of insubordination, the superintendent shall punish the
26 inmate in such manner as the rules and regulations provided for
27 may prescribe. The superintendent shall keep a record of and
28 report to the advisory board all such offenses and punishments.
29 § 1751. Cost of transporting inmates.
30 The cost of transporting inmates committed to the joint
20050S0506B0539 - 40 -
1 detention facilities shall be paid by the counties,
2 respectively, from which the inmates are committed. The sheriff
3 of the county for inmates committed by the court and constables
4 for inmates committed by district justices shall receive for the
5 inmates committed to the joint detention facilities no mileage
6 or travel expenses on writs, except the actual cost of
7 transporting the inmates to the joint detention facilities,
8 together with any other fees for their services allowed by law.
9 § 1752. Financial reporting.
10 A detailed statement of the receipt and expenditures by any
11 county constituting a part of the district for joint detention
12 facilities erected under the provisions of this subchapter shall
13 be published by the county commissioners of each county or by
14 the controller in the county. Where the report is published by
15 the controller, it shall be included in the annual statement of
16 the fiscal affairs of such county.
17 § 1753. Allocation of expenses to counties.
18 (a) General rule.--The original cost of the site and
19 buildings of the joint detention facilities and the equipment
20 thereof, all additions thereto and all fixed overhead charges in
21 conducting the joint detention facilities shall be paid by the
22 counties constituting the districts in the ratio of their
23 population according to the last preceding United States census.
24 (b) Inmate expense.--
25 (1) The cost of the care and maintenance of the inmates
26 in the districts shall be certified monthly to the counties
27 from which inmates have been committed. The cost shall be
28 paid by the counties in proportion to the number of inmates
29 committed from each county.
30 (2) All payments shall be on warrants of the county
20050S0506B0539 - 41 -
1 commissioners, countersigned by the county controller in
2 counties where that office exists.
3 § 1754. County appropriations.
4 The county commissioners of each county joining in
5 establishing detention facilities as provided for in this
6 subchapter may make appropriations or incur or increase the
7 indebtedness of the county, in the manner provided by law, to an
8 amount sufficient to pay its proportionate part of the cost of
9 acquiring a site and of erecting, constructing and equipping the
10 joint detention facilities by issuing coupon bonds at a rate of
11 interest not exceeding 7%, and payable within 30 years from the
12 date of issue. The county commissioners of the county shall levy
13 an annual tax in an amount necessary to pay interest and sinking
14 fund charges upon such bonds.
15 § 1755. Exemption from taxation.
16 All the property, real and personal, authorized to be held by
17 counties under this subchapter shall be exempt from taxation.
18 SUBCHAPTER F
19 JOINT INDUSTRIAL FARMS AND WORKHOUSES
20 Sec.
21 1761. Establishment by counties.
22 1762. Selection of site.
23 1763. Buildings.
24 1764. Construction contracts.
25 1765. Advisory board.
26 1766. Meetings.
27 1767. Superintendent and employees.
28 1768. Rules and regulations.
29 1769. Initial transfer of inmates.
30 1770. Employment of inmates.
20050S0506B0539 - 42 -
1 1771. Cost of transporting inmates.
2 1772. Nature of inmate employment.
3 1773. Sale of goods and materials.
4 1774. Financial reporting.
5 1775. Allocation of expenses to counties.
6 1776. Borrowing authorized.
7 1777. Exemption from taxation.
8 1778. Nonapplicability.
9 § 1761. Establishment by counties.
10 The county commissioners of any two or more counties may join
11 in establishing a joint industrial farm and workhouse for the
12 confinement of:
13 (1) Persons sentenced by the courts of those counties,
14 after conviction, of any misdemeanor or felony, except
15 murder, voluntary manslaughter, rape and arson.
16 (2) Persons who are in default of payment of any fine or
17 penalty, or for nonpayment of costs, or for default in
18 complying with any order of court entered in any prosecution
19 for desertion or nonsupport, or for the violation of any
20 municipal ordinance.
21 § 1762. Selection of site.
22 Whenever the commissioners of any two or more counties decide
23 and agree to construct a joint industrial farm and workhouse,
24 they shall acquire a suitable site for the same. The site may be
25 selected from suitable lands already held by any county of the
26 district for county purposes, from lands donated for such
27 purposes or from any quantity of land within the respective
28 districts. In the selection of a site, there shall be taken into
29 consideration the objects and purposes of the joint industrial
30 farm and workhouse and all or as many as practicable of the
20050S0506B0539 - 43 -
1 advantages and resources set forth in this section. The land
2 selected and purchased shall be a varied topography, with
3 natural resources and advantages for many forms of husbandry,
4 fruit growing and stock raising, for brickmaking and for the
5 preparation of all other road and paving material and shall have
6 good railroad, drainage, sewage and water facilities. Title to
7 the land shall be approved by the county solicitor of the county
8 in which the land is located or such other title guarantee
9 corporation or attorney as maybe designated by the commissioners
10 of the counties and shall be taken in the name of the county or
11 counties comprising the district. The site, before purchase,
12 shall be approved by the Department of Public Welfare.
13 § 1763. Buildings.
14 After the selection and acquisition of the sites, the county
15 commissioners of the counties may erect and construct suitable
16 and necessary buildings thereon, repair any buildings already
17 erected and equip the buildings for use and occupancy. All
18 buildings constructed in pursuance of this subchapter shall be
19 plain and inexpensive in character, and the plans shall be
20 approved by the Department of Public Welfare. The labor in
21 constructing such buildings and improvements and facilities
22 shall be supplied by the persons committed to county
23 correctional institutions in the counties or transferred thereto
24 from any county correctional institution, so far as found
25 practicable.
26 § 1764. Construction contracts.
27 Joint industrial farm and workhouse buildings shall be
28 constructed by contract or contracts let by the county
29 commissioners of the counties to the lowest responsible and best
30 bidder, after due advertisement in at least one newspaper,
20050S0506B0539 - 44 -
1 published in each of the counties joining in the erection of the
2 joint industrial farm and workhouse, once a week for four
3 consecutive weeks. When so constructed, the joint industrial
4 farm and workhouse buildings shall be equipped by the county
5 commissioners of the counties at the cost of the counties in the
6 same manner as other county buildings are equipped.
7 § 1765. Advisory board.
8 After a joint industrial farm and workhouse has been erected
9 and equipped and is ready for occupancy, the president judges of
10 the courts of common pleas of the counties joining in the
11 construction of the joint industrial farm and workhouse shall
12 appoint an advisory board to consist of three persons from each
13 of the counties. The president judge of each of the counties
14 shall appoint one member of the board to serve for one year, one
15 to serve for two years, and one to serve for three years, or
16 until their successors are appointed and qualified. All
17 appointments at the expiration of any term shall be for a term
18 of three years.
19 § 1766. Meetings.
20 (a) General rule.--The advisory board shall meet monthly and
21 at such other times as may be deemed necessary. The board shall
22 visit and inspect and keep in close touch with the management
23 and operation of the joint industrial farm and workhouse and
24 shall, from time to time, make such recommendations and
25 suggestions to the county commissioners for changes or
26 improvements in the management and operations of the joint
27 industrial farm and workhouse as may be deemed advisable. It
28 shall also make an annual report to the county commissioners
29 concerning the management and operation of the industrial farm
30 and workhouse.
20050S0506B0539 - 45 -
1 (b) Administrative support.--The county commissioners shall,
2 at the expense of the counties, provide a meeting place for the
3 board and furnish all supplies and materials necessary to carry
4 on its work.
5 (c) Reimbursement of expenses.--The members of the board
6 shall not receive any compensation for their services, but shall
7 be allowed all actual and necessary expenses incurred in the
8 discharge of their duties, which shall be paid by the counties
9 as part of the cost of maintenance of the joint industrial farm
10 and workhouse.
11 § 1767. Superintendent and employees.
12 The county commissioners of the counties may, after
13 consultation with the advisory board, employ a superintendent
14 and such other employees as may be necessary to conduct and
15 manage properly the joint industrial farm and workhouse and
16 shall fix their compensation. The duties of those officers shall
17 be prescribed by the rules and regulations of the joint
18 industrial farm and workhouse.
19 § 1768. Rules and regulations.
20 The county commissioners of the counties shall, before any
21 inmate may be admitted to the joint industrial farm and
22 workhouse, after consulting with the advisory board, make
23 general rules and regulations for the management of the joint
24 industrial farm and workhouse, which rules and regulations shall
25 be effective after they are approved by the Department of Public
26 Welfare.
27 § 1769. Initial transfer of inmates.
28 (a) General rule.--When, in any district formed by the
29 counties, the arrangements are complete for the reception of
30 inmates, transfer shall be made from the county correctional
20050S0506B0539 - 46 -
1 institutions to the joint industrial farm and workhouse of the
2 district of all persons:
3 (1) Who have been sentenced to any of the county
4 correctional institutions for any misdemeanor or felony
5 except murder, voluntary manslaughter, rape and arson.
6 (2) Who have been committed to any of the county
7 correctional institutions in default of payment of any fine
8 or penalty, or for nonpayment of costs or for default in
9 complying with any order of court entered in any prosecution
10 for desertion or nonsupport.
11 (3) Legally confined in any of the county correctional
12 institutions, except those that are confined awaiting trial
13 or held as material witnesses.
14 (b) Persons eligible to become inmates.--
15 (1) When any person is convicted in any court in any
16 county of any offense classified as a misdemeanor or felony
17 except murder, voluntary manslaughter, rape and arson, the
18 punishment of which is or may be imprisonment in any county
19 correctional institution for a period of ten days or more,
20 the court may sentence such person to a joint industrial farm
21 and workhouse of the Commonwealth.
22 (2) Courts of record and courts not of record of any
23 county in this Commonwealth may commit to the joint
24 industrial farm and workhouse all persons who might be
25 lawfully committed to the county correctional institution on
26 charges of vagrancy, drunkenness or disorderly conduct, for
27 default or nonpayment of any costs, fine or penalty, for
28 default in complying with any order of court entered in any
29 prosecution for desertion or nonsupport or for violations of
30 municipal ordinances, where, in any such case, the commitment
20050S0506B0539 - 47 -
1 will be for a period of ten days or more.
2 (c) Existing county correctional institutions.--The existing
3 county correctional institutions may be retained to confine
4 persons awaiting trial, held as material witnesses or sentenced
5 for a period of less than ten days, and such number of other
6 convicted persons as may be required to perform the necessary
7 institutional maintenance work.
8 (d) Clothing and treatment.--All inmates shall be clothed
9 and treated as provided for in this subchapter and in the rules
10 and regulations of the joint industrial farm and workhouse.
11 § 1770. Employment of inmates.
12 (a) General rule.--An inmate committed to a joint industrial
13 farm and workhouse under the provisions of this subchapter,
14 unless disqualified by sickness or otherwise, shall be kept at
15 some useful employment as may be suited to the inmate's age and
16 capacity and as may be most profitable to the joint industrial
17 farm and workhouse and tend to promote the best interest of the
18 inmate. If an inmate refuses to perform the work assigned to the
19 inmate or is guilty of other acts of insubordination, the
20 superintendent shall punish the inmate in such manner as the
21 rules and regulations provided for may prescribe. The
22 superintendent shall keep a record of and report to the advisory
23 board all such offenses and punishments.
24 (b) Pay schedule and inmate accounts.--All inmates shall
25 receive compensation for their work.
26 (1) Those inmates employed on institutional maintenance
27 and nonproductive labor shall receive not more than 20¢ per
28 day and not less than 10¢ per day.
29 (2) Those inmates employed on productive work shall
30 receive not more than 50¢ per day and not less than 20¢ per
20050S0506B0539 - 48 -
1 day.
2 (3) The earnings of an inmate shall be credited to the
3 inmate's account, and disbursements made on approval of the
4 superintendent of the institution and the written order of
5 the inmate, except when an inmate is committed for nonsupport
6 the court which sentenced the prisoner shall order payment of
7 the earnings. At time of release or discharge, the inmate
8 shall receive all moneys remaining in the inmate's account
9 and give receipt for the same.
10 § 1771. Cost of transporting inmates.
11 (a) General rule.--The cost of transporting inmates
12 committed to the joint industrial farms and workhouses shall be
13 paid by the counties, respectively, from which the inmates are
14 committed. The sheriff of the county for inmates committed by
15 the court and constables for inmates committed by district
16 justices shall receive for the inmates committed to the joint
17 industrial farm and workhouse no mileage or travel expenses on
18 writs, except the actual cost of transporting the inmates so
19 committed to the joint industrial farm and workhouse, together
20 with any other fees for their services allowed by law.
21 (b) Railroad ticket upon discharge.--When an inmate is
22 discharged from a joint industrial farm and workhouse, the
23 superintendent thereof shall procure for the inmate a railroad
24 ticket to any point to which the inmate may desire to go, not
25 farther from the joint industrial farm and workhouse than the
26 point from which the inmate was sentenced.
27 § 1772. Nature of inmate employment.
28 A joint industrial farm and workhouse shall employ the
29 inmates committed or transferred thereto in work on or about the
30 buildings and farm and in growing produce, raising stock, etc.,
20050S0506B0539 - 49 -
1 for supplies for its own use, the use of the several city and
2 county or county correctional institutions in the district, any
3 political division thereof or any public or charitable
4 institution owned or managed and directed by the counties
5 constituting the district, or any political division thereof.
6 Inmates may also be employed in the preparation of road
7 material, in making brick, tile and concrete or other road
8 building material and in the manufacture of other products and
9 materials as may be found practicable for the use of any of the
10 counties constituting the district and for the proper and
11 healthful employment of the inmates.
12 § 1773. Sale of goods and materials.
13 All road material, brick, tile, concrete and other goods and
14 materials prepared or made at a joint industrial farm and
15 workhouse that are not needed for the purposes of the joint
16 industrial farm and workhouse shall be offered for sale at a
17 price to be fixed by the commissioners of the district. In
18 offering such material for sale, preference shall be given to
19 the counties forming the district of the joint industrial farm
20 and workhouse and to the cities, boroughs and townships in the
21 joint district. All moneys so received shall be applied toward
22 paying the overhead expenses of the joint industrial farm and
23 workhouse.
24 § 1774. Financial reporting.
25 A detailed statement of the receipts and expenditures by any
26 county constituting a part of the district for a joint
27 industrial farm and workhouse erected under the provisions of
28 this subchapter shall be published by the county commissioners
29 of each county or by the controller in the county. Where the
30 report is published by the controller, it shall be included in
20050S0506B0539 - 50 -
1 the annual statement of the fiscal affairs of the county.
2 § 1775. Allocation of expenses to counties.
3 (a) General rule.--The original cost of the site and
4 buildings of the joint industrial farm and workhouse, the
5 equipment thereof, all additions thereto and all fixed overhead
6 charges in conducting the joint industrial farm and workhouse
7 shall be paid by the counties constituting the districts in the
8 ratio of their population according to the last preceding United
9 States census.
10 (b) Inmate expense.--The cost of the care and maintenance of
11 the inmates shall be certified monthly to the counties from
12 which inmates have been committed. The cost shall be paid by the
13 counties in proportion to the number of inmates committed from
14 each county. All payments shall be on warrants of the county
15 commissioners, countersigned by the county controller in
16 counties where such officer exists.
17 § 1776. Borrowing authorized.
18 The county commissioners of each county joining in
19 establishing a joint industrial farm and workhouse, as provided
20 for in this subchapter, may incur or increase the indebtedness
21 of the county, in the manner provided by law, to an amount
22 sufficient to pay its proportionate part of the cost of
23 acquiring a site and of erecting, constructing and equipping the
24 joint industrial farm and workhouse by issuing coupon bonds at a
25 rate of interest not exceeding 6% and payable within 30 years
26 from the date of issue. The county commissioners of the county
27 shall levy an annual tax in an amount necessary to pay interest
28 and sinking fund charges upon the bonds.
29 § 1777. Exemption from taxation.
30 All the property, real and personal, authorized to be held
20050S0506B0539 - 51 -
1 under this subchapter shall be exempt from taxation.
2 § 1778. Nonapplicability.
3 This subchapter does not apply to cities and counties of the
4 first class.
5 SUBCHAPTER G
6 HOUSE OF CORRECTION
7 Sec.
8 1781. Appropriations for improvements, railroad connection
9 and commitments.
10 1782. Arrest of disorderly minors.
11 1783. Commitment of disorderly minors and appeal.
12 1784. Employment of inmates.
13 1785. Punishment for refusal to work.
14 1786. Punishment for destroying property.
15 1787. Supplies and reports.
16 1788. Deficiency in maintenance.
17 1789. Term of commitment for adults.
18 1790. Habeas corpus.
19 1791. Inebriates.
20 1792. Power of Department of Public Welfare.
21 1793. Annual statement.
22 § 1781. Appropriations for improvements, railroad connection
23 and commitments.
24 Whenever the managers of the House of Correction, Employment
25 and Reformation shall desire to make any additional permanent
26 improvement or purchase additional ground and shall recommend
27 that the same be done, and after the Committee of Councils of
28 Philadelphia on House of Correction shall endorse the
29 recommendation, then the councils of the City of Philadelphia
30 shall make all necessary appropriations asked for by the
20050S0506B0539 - 52 -
1 managers for the purposes so recommended. The managers of the
2 House of Correction, Employment and Reformation shall
3 superintend and direct the erection, completion and furnishing
4 of the buildings during the progress of the work. The managers
5 may extend from their property a single track railroad along and
6 over such lands as may intervene between their ground and the
7 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. The managers may
12 provide for such inmates as may be necessary to aid in the
13 construction of the permanent building. After the two first
14 wings have been furnished, the board of managers shall have full
15 and entire control to regulate the inmates therein and shall, at
16 such times as they think proper, certify to the court of common
17 pleas and to the board of managers at the Blockley Almshouse,
18 which court and managers, and the inspectors of the Philadelphia
19 County Prison, respectively, thereafter may commit to the House
20 of Correction, Employment and Reformation such able-bodied
21 indigents and vagrants as may have been committed or sentenced
22 to be confined in the county prison or Blockley Almshouse for a
23 period of not less than three months. The judges of the court of
24 common pleas and the board of inspectors of the Philadelphia
25 County Prison shall commit to the House of Correction,
26 Employment and Reformation all vagrants, habitual drunkards,
27 streetwalkers and disorderly persons, adults or minors whom they
28 may deem best to so confine. The managers of the Blockley
29 Almshouse, the managers of the poor for the Township of
30 Germantown and the managers of Lower Dublin and Oxford Poorhouse
20050S0506B0539 - 53 -
1 shall transfer, within 24 hours after entrance in the almshouse,
2 all able-bodied indigents, adults or minors, except such as may
3 be necessary to employ in the service of the almshouses.
4 § 1782. Arrest of disorderly minors.
5 Upon complaint made on oath to any police magistrate or
6 district justice against any child within a city of the first
7 class not under the age of 16 by the child's parent or guardian
8 or other person standing to the child in place of a parent as
9 being disorderly, the magistrate or district justice shall issue
10 a warrant for the apprehension of the offender and cause the
11 offender to be brought before himself or any other police
12 magistrate or district justice for examination.
13 § 1783. Commitment of disorderly minors and appeal.
14 If a magistrate or district justice is satisfied by competent
15 testimony that a person is a disorderly child within the meaning
16 of this subchapter, he shall make up and sign a record of
17 conviction and shall by warrant commit the person to the House
18 of Correction, Employment and Reformation. The powers and duties
19 of the managers in relation to the children shall be the same in
20 all things as are prescribed as to other minors received by
21 them. The magistrate or district justice, in addition to the
22 record of conviction, shall annex the names and addresses of the
23 different witnesses examined before him and the substance of the
24 testimony given by them, respectively, on which the conviction
25 was founded, provided that any person committed shall have the
26 same right of appeal as is secured by law to persons convicted
27 of criminal offenses, but on such appeal, mere informality in
28 the issuing of any warrant shall not be held to be sufficient
29 cause for granting a discharge.
30 § 1784. Employment of inmates.
20050S0506B0539 - 54 -
1 Every inmate in the custody of the board of managers not
2 disqualified by sickness or casualty shall be employed by the
3 superintendent in quarrying stone, cultivating the ground,
4 manufacturing such articles as may be needed for the prison,
5 almshouse, other public institution of the State or city of the
6 first class or for other persons and at such other labor as
7 shall, upon trial, be found to be profitable to the institution
8 and suitable to its proper discipline and health and capacities
9 of the inmates. The superintendent may detail such numbers of
10 the inmates as he may regard proper to do the work outside the
11 grounds of the institution for any of the departments or
12 institutions of the city of the first class or for such other
13 persons as may be approved by the board of managers.
14 § 1785. Punishment for refusal to work.
15 If an inmate committed to the House of Correction, Employment
16 and Reformation, according to law, shall refuse or neglect to
17 perform the work assigned to him, it shall be the duty of the
18 superintendent to punish the inmate by close confinement, on a
19 diet of bread and water only, for such time as may be deemed
20 necessary. The refusal and punishment shall be immediately
21 reported to the managers and shall, by the clerk of the board,
22 be recorded in a book to be kept for that purpose. The physician
23 of the institution shall visit an inmate so confined for
24 punishment at least once in each and every 24 hours and shall
25 record, in a book to be kept for that purpose, his opinion of
26 the health of the person confined. Upon the physician's opinion
27 that the confinement is injurious to the inmate, the confinement
28 or diet shall be altered in such manner as the physician
29 directs.
30 § 1786. Punishment for destroying property.
20050S0506B0539 - 55 -
1 Any inmate of the House of Correction, Employment and
2 Reformation who shall willfully break, destroy or injure any
3 material, machinery, tool, property or thing belonging to the
4 House of Correction, Employment and Reformation or shall escape
5 therefrom commits a misdemeanor and, upon conviction thereof
6 before any court of record of the county of the first class, may
7 be punished by imprisonment at hard labor for not less than one
8 month or more than one year.
9 § 1787. Supplies and reports.
10 The superintendent shall make a monthly requisition on the
11 board of managers for all articles which the superintendent
12 shall deem necessary for the institution, and such as shall be
13 approved by them shall be purchased. The superintendent shall,
14 once in every month, report to the board of managers the number
15 of inmates committed, discharged, sick, dead or remaining in the
16 institution and the quality and kind of labor performed. The
17 board of managers shall transmit annually to the city council a
18 condensed statement of the finances of the institution.
19 § 1788. Deficiency in maintenance.
20 For any deficiency in furnishing, keeping and maintaining the
21 House of Correction, Employment and Reformation, in conformity
22 with the provisions of this subchapter, the managers may apply
23 to the city councils for such sum or sums as shall be necessary;
24 and the city councils shall appropriate the sum or sums deemed
25 necessary.
26 § 1789. Term of commitment for adults.
27 Every adult person committed to the House of Correction,
28 Employment and Reformation of the City of Philadelphia shall:
29 (1) For the first time, be committed for a term of not
30 less than three months nor more than one year.
20050S0506B0539 - 56 -
1 (2) For the second time, be committed for a term of not
2 less than nine months nor more than 18 months.
3 (3) For the third time, be committed for a term of not
4 less than 18 months nor more than 24 months.
5 (4) For the fourth time, or at any time thereafter, be
6 committed for a term of not more nor less than 24 months.
7 The board of managers shall have discretionary power to
8 discharge the inmates.
9 § 1790. Habeas corpus.
10 Any person committed to the House of Correction, Employment
11 and Reformation by any other authority than the court of common
12 pleas of the county of the first class may apply for a writ of
13 habeas corpus to any judge of the court. Upon return of the
14 writ, if the judge deems there is sufficient or reasonable
15 ground for granting the writ, the judge shall enter upon a
16 rehearing of the evidence and either discharge the individual or
17 modify or confirm the commitment.
18 § 1791. Inebriates.
19 The managers of the House of Correction, Employment and
20 Reformation may, if in their judgment they regard it necessary,
21 erect, establish and maintain a separate building upon their
22 grounds as a facility for persons suffering from substance abuse
23 to which the mayor, alderman and judges of the court of common
24 pleas may commit for such length of time as in their judgment
25 may seem proper. Those persons who are able or who have friends
26 able to pay for their board and clothing shall be admitted and
27 charged such an amount per week as the managers may direct,
28 provided this shall be a separate building, to be known as the
29 hospital department, in which all aged and sick persons,
30 including persons suffering from substance abuse, shall be
20050S0506B0539 - 57 -
1 treated. When such persons are relieved and able to perform
2 service, they may be discharged from custody unless they prefer
3 to be transferred to the Department of Labor and Industry and
4 work at their trade or some profitable employment from which
5 profits their expenses shall be deducted and the balance paid to
6 them on discharge for aiding reinstatement to society.
7 § 1792. Power of Department of Public Welfare.
8 The same power and authority that are given by ordinance of
9 councils or acts of the General Assembly to the guardians of the
10 poor, prison inspectors and managers of the House of Refuge of
11 the City of Philadelphia are hereby extended to the managers of
12 the House of Correction, Employment and Reformation of the City
13 of Philadelphia.
14 § 1793. Annual statement.
15 The board of managers shall, on or before the first day of
16 November of each year, submit to councils a statement of the
17 sums necessary for the maintenance of the House of Correction,
18 Employment and Reformation for the ensuing term.
19 CHAPTER 19
20 PHILADELPHIA COUNTY PRISON
21 Subchapter
22 A. Establishment
23 B. Administration
24 SUBCHAPTER A
25 ESTABLISHMENT
26 Sec.
27 1901. Name of jail and appointment of inspectors.
28 1902. Visiting inspectors.
29 1903. Duties of physician.
30 1904. Visitors to have permission in writing.
20050S0506B0539 - 58 -
1 1905. Treatment of inmates on discharge.
2 1906. County of the first class to supply deficiency in
3 furnishing and maintaining prison.
4 1907. Inmates sentenced for less than two years to county
5 prison.
6 1908. Vagrants and disorderly persons.
7 § 1901. Name of jail and appointment of inspectors.
8 (a) General rule.--The prison erected under the provisions
9 of the act of March 30, 1831 (P.L.228, No.123), entitled "An act
10 to provide for the erection of a new prison and a debtor's
11 apartment within the city and county of Philadelphia, and for
12 the sale of the county prison in Walnut-street, in said city,"
13 shall be known as the Philadelphia County Prison, and shall be
14 managed by a board of inspectors consisting of 12 citizens
15 residing in the City of Philadelphia or County of Philadelphia
16 who shall serve without any pecuniary compensation as follows:
17 (1) Four members shall be appointed by the Mayor,
18 Recorder and Aldermen of the City of Philadelphia.
19 (2) Four members shall be appointed by the judges of the
20 court of common pleas.
21 (3) Four members shall be appointed by the judges of the
22 District Court of the City of Philadelphia and County of
23 Philadelphia.
24 (b) Terms.--The members shall serve for four years or until
25 their successors shall be appointed. In case of vacancy by
26 death, resignation or otherwise, the member shall be supplied by
27 the court who appointed the individual who has caused the
28 vacancy upon notice of such vacancy from the president of the
29 board of inspectors. The first appointment of inspectors under
30 the former act of April 14, 1835 (P.L.232, No.140), entitled "A
20050S0506B0539 - 59 -
1 supplement to the act entitled An act to provide for the
2 erection of a new prison and a debtors' apartment within the
3 city and county of Philadelphia, and for the sale of the county
4 prison in Walnut street in said city," shall be made on the
5 first Monday in May next following and annually thereafter.
6 § 1902. Visiting inspectors.
7 (a) General rule.--The inspectors shall appoint, monthly,
8 three of their number, who shall be the visiting inspectors,
9 whose duty it shall be to visit the county correctional
10 institutions at least once a week or more often, if necessary:
11 (1) To see that the duties of the officers and
12 attendants are performed.
13 (2) To prevent all oppression, peculation or other abuse
14 or mismanagement of the county correctional institution.
15 (3) To report in writing to the board of inspectors
16 monthly or more often, if necessary, the state of the county
17 correctional institution, for their information and
18 government.
19 (b) Inmate calendar to be provided.--The visiting inspectors
20 shall be furnished by the superintendent with a calendar of the
21 inmates and shall see that the inmates named in the calendar are
22 in the respective cells assigned to them. On their visits to the
23 cells, the visiting inspectors shall not be attended by any of
24 the officers unless thereto especially required by them.
25 (c) Powers and duties.--
26 (1) The inspectors shall make the necessary contracts
27 for the purchase of clothing, provisions and all articles and
28 supplies necessary for the support and employment of inmates,
29 and direct the manner in which they shall be employed and the
30 articles manufactured by the inmates shall be sold.
20050S0506B0539 - 60 -
1 (2) The inspectors shall affix and determine the
2 quantity and kind of food that shall be furnished daily to
3 each inmate confined in the county correctional institution.
4 (3) The inspectors may examine any inmate on oath or
5 affirmation, relative to any abuse in the county correctional
6 institution or matter within the purview of their duties.
7 (4) The inspectors shall cause accurate accounts to be
8 kept by the clerk of all receipts and expenditures in the
9 county correctional institution, which accounts shall be
10 annually examined and settled by the auditors of the county
11 of the first class.
12 § 1903. Duties of physician.
13 (a) General rule.--The physician shall:
14 (1) Visit the Philadelphia County Prison daily, visit
15 and prescribe for all who are sick and at least once a month
16 visit every inmate confined in the county correctional
17 institution and report monthly in writing to the inspectors
18 as to the health of the inmates in the county correctional
19 institution.
20 (2) Attend immediately, on notice from the
21 superintendent, any person that is sick.
22 (3) Examine every person brought into the county
23 correctional institution as an inmate as to the state of the
24 inmate's health.
25 (4) Keep a journal in which a record is maintained of
26 the names of all inmates as they come in and the state of
27 their health and also of all persons confined who may come
28 under the physician's care for medical treatment, together
29 with such remarks as the physician may deem important, which
30 journal shall be open to the inspectors and superintendent
20050S0506B0539 - 61 -
1 whenever they may require it.
2 (b) Dietary considerations and infirmary cells.--
3 (1) Inmates who are under the care of the physician
4 shall be allowed such diet as the physician shall direct.
5 (2) The inspectors shall appropriate as many cells,
6 together with the infirmary, as they may deem necessary for
7 the special occupation of the sick, and have the cells so
8 fitted up as will best promote the health, convenience and
9 comfort of the inmates.
10 (3) Whenever, in the opinion of the physician, an inmate
11 is so ill as to require removal from the ordinary cells to
12 those appropriated for the sick, the superintendent shall
13 direct such removal, and the inmate shall be kept there until
14 the physician shall certify that the inmate may be returned
15 to the inmate's former cell without injury to the inmate's
16 health.
17 (4) Should the physician have reason to believe that an
18 inmate is materially affected by the discipline, treatment or
19 diet, the physician shall, if he thinks proper, order an
20 alteration therein, which order shall be entered on the
21 physician's journal, and a copy thereof furnished to the
22 superintendent who shall carry the order into effect until
23 the next visit of the visiting inspectors, who shall inquire
24 into the case and confirm or annul the order or refer the
25 same to the board of inspectors.
26 § 1904. Visitors to have permission in writing.
27 (a) General rule.--No person shall be permitted to visit the
28 Philadelphia County Prison except:
29 (1) An official visitor specified in subsection (b).
30 (2) A person who has permission in writing from one of
20050S0506B0539 - 62 -
1 the inspectors.
2 (3) An attorney who may be permitted to visit the
3 attorney's client confined for trial, as provided for by law.
4 (b) Designation of official visitors.--The official visitors
5 are:
6 (1) The Governor.
7 (2) The members of the General Assembly.
8 (3) The Secretary of the Commonwealth.
9 (4) The Attorney General.
10 (5) The deputies for the city of the first class and
11 county of the first class.
12 (6) The president and associate judges of the district
13 court of the City of Philadelphia and the County of
14 Philadelphia and the court of common pleas.
15 (7) The grand juries of the county of the first class.
16 (8) Commissioners of the county of the first class.
17 (9) The acting committee of the Philadelphia society for
18 alleviating the miseries of public prisons.
19 (10) The mayor and recorder of the City of Philadelphia.
20 (c) Communication prohibited.--
21 (1) Except for the official visitors identified in
22 subsection (b), no person shall have any communication with
23 the inmates except by authority of the board of prison
24 inspectors, who may issue permits to visit an inmate after
25 sentence in their discretion.
26 (2) No visitor may be permitted to deliver or to receive
27 from any inmate any letter or message whatever or to supply
28 an inmate with any article, except such letters or messages
29 to and from inmates confined for trial as may be first
30 submitted or communicated to the superintendent or one of the
20050S0506B0539 - 63 -
1 inspectors and approved by them, or either of them, under the
2 penalty of a $100 fine, to be recovered as provided for other
3 fines imposed by the act of March 30, 1831 (P.L.228, No.123),
4 entitled "An act to provide for the erection of a new prison
5 and a debtor's apartment within the city and county of
6 Philadelphia, and for the sale of the county prison in
7 Walnut-street, in said city."
8 § 1905. Treatment of inmates on discharge.
9 (a) Clothing.--When an inmate shall be discharged by the
10 expiration of the term for which the inmate was sentenced or by
11 pardon, the clothes belonging to the Philadelphia County Prison
12 shall be taken off and the clothing belonging to the inmate
13 restored, together with such property, if any, that was taken
14 from the inmate at the time of reception into the county
15 correctional institution, which has not been otherwise legally
16 disposed of.
17 (b) Furnishing of suitable clothing.--If an inmate shall not
18 possess suitable clothing, the inspectors shall provide the
19 inmate with what may in their judgment be necessary. The
20 inspectors and superintendent may furnish the discharged inmate
21 with a sum of money or clothing not exceeding $5.
22 § 1906. County of the first class to supply deficiency in
23 furnishing and maintaining prison.
24 For any deficiency in keeping, furnishing and maintaining the
25 Philadelphia County Prison, in conformity with the provisions of
26 this chapter, the inspectors are authorized to apply to the
27 commissioners of the county of the first class for such sum or
28 sums as may be necessary or required. If it shall appear
29 reasonable, and that the accounts of the inspectors are properly
30 kept and adjusted, the commissioners of the county of the first
20050S0506B0539 - 64 -
1 class shall draw an order on the treasurer of the county of the
2 first class for such sum or sums as may be necessary to satisfy
3 such demands.
4 § 1907. Inmates sentenced for less than two years to county
5 prison.
6 A person who shall be convicted in any court of common pleas
7 in the city of the first class or county of the first class of
8 any crime or offense, the punishment of which would be
9 imprisonment for a period of time under two years, shall be
10 sentenced by the court to imprisonment in the Philadelphia
11 County Prison, by separate or solitary confinement at hard labor
12 for and during the term of the person's sentence and shall be
13 fed, clothed and treated as provided for in this chapter.
14 § 1908. Vagrants and disorderly persons.
15 Any person who may be convicted according to the laws of this
16 Commonwealth before the mayor, recorder or any alderman of the
17 city of the first class, or before any alderman or district
18 justice of the county of the first class, as a vagrant or
19 disorderly person shall be sentenced to separate confinement at
20 hard labor in the Philadelphia County Prison for the term of one
21 month and be fed, clothed and treated as inmates in the county
22 correctional institution are directed to be fed, clothed and
23 treated.
24 SUBCHAPTER B
25 ADMINISTRATION
26 Sec.
27 1911. Sentences may be served in Philadelphia County Prison.
28 1912. Coroner of first class county not to hold inquests on
29 convicts, except in certain cases.
30 1913. Inspectors to discharge inmates.
20050S0506B0539 - 65 -
1 1914. Treatment of inmates convicted of capital offenses.
2 1915. Philadelphia County Prison and debtors' apartment.
3 § 1911. Sentences may be served in Philadelphia County Prison.
4 (a) General rule.--A person who shall be convicted in any
5 court of common pleas in the county of the first class of any
6 crime or offense, the punishment of which would be imprisonment
7 in a State correctional institution, may be sentenced by the
8 proper court to suffer imprisonment, by separate or solitary
9 confinement at hard labor either in the State correctional
10 institution or in the Philadelphia County Prison, at the
11 discretion of the courts.
12 (b) Exception.--This section does not apply in cases of a
13 person convicted under 18 Pa.C.S. § 2502(b) (relating to
14 murder), 2503 (relating to voluntary manslaughter) or 2504
15 (relating to involuntary manslaughter).
16 § 1912. Coroner of first class county not to hold inquests on
17 convicts, except in certain cases.
18 (a) General rule.--The coroner of a county of the first
19 class may not hold an inquest on the body of any inmate who dies
20 during confinement in the county prison unless required by the
21 inspectors thereof, except in cases of murder, suicide,
22 manslaughter or death caused by casualties.
23 (b) Physician to give certificate of death of inmate.--The
24 attending physician of the county prison in a county of the
25 first class shall certify to the inspectors thereof the name and
26 age of any inmate who dies in the county prison, together with
27 the disease or cause of death of the inmate, so far as the
28 attending physician can ascertain the same. The inspectors shall
29 copy the certificate into a book to be kept by them for that
30 purpose. After copying the certificate, the inspector shall send
20050S0506B0539 - 66 -
1 the certificate to the Board of Health of the county, who shall
2 file the certificate. The inspectors shall inter the body of the
3 inmate.
4 § 1913. Inspectors to discharge inmates.
5 The board of prison inspectors of a county of the first class
6 may discharge from the county prison any inmate who may have
7 served the inmate's term of imprisonment, in the same manner and
8 upon the same conditions as provided under this title for other
9 county correctional institutions.
10 § 1914. Treatment of inmates convicted of capital offenses.
11 The board of prison inspectors of a county of the first class
12 shall treat prisoners sentenced to execution and who are not
13 executed after an imprisonment of six months, as other inmates
14 who are sentenced to confinement and labor.
15 § 1915. Philadelphia County Prison and debtors' apartment.
16 (a) Establishment.--The Philadelphia County Prison and
17 debtors' apartment shall be managed by a board of inspectors
18 consisting of nine citizens of the city of the first class, five
19 of whom shall be appointed by the judges of the court of common
20 pleas and four of whom by the judges of the district court of
21 the County of Philadelphia, which inspectors shall serve without
22 any pecuniary compensation and shall organize themselves into a
23 board to manage the county correctional institution and debtors'
24 apartment and perform all the duties belonging by law to that
25 office.
26 (b) Division of inspectors.--At their first meeting, the
27 inspectors shall divide themselves by lot into three classes of
28 three each, the first class to serve for one year, the second
29 for two years and the third for three years. At the same meeting
30 they shall elect one of their members as president of the board.
20050S0506B0539 - 67 -
1 (c) Vacancy by death or otherwise.--In case of any vacancy
2 occurring by death, resignation or otherwise, the member shall
3 be supplied by the appropriate appointing judges of the courts
4 identified in subsection (a) notice of the vacancy from the
5 president of the board.
6 (d) Rules and regulations.--The board of inspectors shall
7 adopt and enforce, from time to time, such rules and regulations
8 as they shall deem proper for visiting inmates in the untried
9 department of the county correctional institution, subject to
10 the revisal and approval of the courts. Each court may at any
11 time remove any of its appointees for any cause satisfactory to
12 the court.
13 CHAPTER 21
14 HOUSE OF DETENTION FOR UNTRIED INMATES AND WITNESSES
15 Sec.
16 2101. Cities of the first class.
17 2102. Administration.
18 2103. Compensation prohibited and term of office.
19 2104. Site selection.
20 2105. Persons submit to commitment.
21 2106. Cost of site procurement.
22 2107. Superintendent.
23 2108. Cost of maintenance.
24 § 2101. Cities of the first class.
25 A city of the first class may establish a house of detention
26 for the reception and detention of all persons charged with a
27 criminal offense or held as witnesses in any judicial
28 proceeding.
29 § 2102. Administration.
30 A house of detention established under the provisions of this
20050S0506B0539 - 68 -
1 chapter shall be under the care, management and supervision of a
2 board of managers consisting of six members, three of whom shall
3 be appointed by the judges of the courts of common pleas of the
4 county in which the house is established and three of whom shall
5 be appointed by the judges of the municipal court of the city of
6 the first class in which the house is established.
7 § 2103. Compensation prohibited and term of office.
8 The board of managers provided for in this chapter shall
9 serve without compensation and shall hold office for two years
10 or until their successors are appointed, subject to removal by
11 the judges appointing them.
12 § 2104. Site selection.
13 The board of managers, when authorized by the councils of the
14 city of the first class, shall select and secure a suitable
15 location in the city of the first class for a house of detention
16 by leasing or purchasing the same and shall erect thereon a
17 suitable house for such purpose. The houses shall be so arranged
18 and constructed that persons detained therein may have, as far
19 as possible, a comfortable and separate room for their
20 accommodation and be subject to as little restraint as may be
21 consistent with their safe detention. The board of managers may
22 make suitable rules and regulations for the government and
23 control of the house of detention and of persons committed
24 thereto. The rules and regulations shall be approved by the
25 judges appointing the board of managers, and no change in the
26 rules and regulations, or amendment thereof, shall have force
27 and effect until approved in like manner by the judges.
28 § 2105. Persons submit to commitment.
29 In a county where a house of detention is situate, all
30 persons held to await trial on any criminal offense or as
20050S0506B0539 - 69 -
1 witnesses shall be committed to the house of detention instead
2 of the county correctional institution. The judges, district
3 justices and other officers having power of commitment shall
4 make commitments for trial on criminal offenses and in holding
5 witnesses in judicial proceedings to the house of detention
6 instead of to the county correctional institution, as provided
7 by law. The practice and procedure established by law for the
8 commitment and detention of inmates for trial and witnesses
9 shall remain in effect, except that the place of commitment and
10 detention shall be to the house of detention established by this
11 chapter.
12 § 2106. Cost of site procurement.
13 The cost of procuring a site for and erecting and
14 constructing a house of detention may be provided for by
15 appropriation by the councils of the city wherein the house
16 shall be located, in like manner as the cost of public
17 improvements is now provided for by law. The appropriation shall
18 be made to the county commissioners of the county wherein the
19 city is located, and the expenses incurred thereunder shall be
20 itemized and presented, with proper vouchers, to the county
21 commissioners who shall be required to pay the same.
22 § 2107. Superintendent.
23 The board of managers shall appoint a superintendent, who
24 shall reside in a house of detention, and a sufficient number of
25 persons to maintain order and conduct the affairs thereof. The
26 number of appointees shall be approved by the judges, who may
27 authorize an increase or reduction thereof from time to time.
28 The salary or compensation to be paid the superintendent and
29 appointees shall be fixed by the board of managers and be
30 certified to the county commissioners as the expense of
20050S0506B0539 - 70 -
1 maintaining the house of detention.
2 § 2108. Cost of maintenance.
3 The costs and expenses of maintaining the house of detention
4 established by this chapter shall be provided by the respective
5 counties containing the house in the same manner as the costs
6 and expenses of maintaining county prisons are provided by law.
7 CHAPTER 23
8 IMPROVEMENTS TO STATE CORRECTIONAL INSTITUTIONS
9 Subchapter
10 A. Preliminary Provisions
11 B. Lease Purchase Agreements
12 C. Itemization of Public Improvement Projects
13 D. Incurring Indebtedness for County Prisons
14 E. Construction of New Prison
15 F. Multicounty Regional Prison Facilities
16 G. Miscellaneous Provisions
17 SUBCHAPTER A
18 PRELIMINARY PROVISIONS
19 Sec.
20 2301. Short title of chapter.
21 2302. Declaration of policy.
22 2303. Definitions.
23 § 2301. Short title of chapter.
24 This chapter shall be known and may be cited as the Prison
25 Facilities Improvement Act.
26 § 2302. Declaration of policy.
27 The General Assembly finds and declares as follows:
28 (1) The Commonwealth faces a serious problem in the
29 overcrowded prisons.
30 (2) Expeditious procedures are required to resolve the
20050S0506B0539 - 71 -
1 problem.
2 § 2303. Definitions.
3 The following words and phrases when used in this chapter
4 shall have the meanings given to them in this section unless the
5 context clearly indicates otherwise:
6 "Modular unit." A prefabricated structure designed to house
7 inmates in individual cells or a combination of cells and
8 dormitory housing. The structure is primarily factory-fabricated
9 and site-assembled using prefinished units into a completed
10 inmate housing structure.
11 SUBCHAPTER B
12 LEASE PURCHASE AGREEMENTS
13 Sec.
14 2311. Authorization.
15 2312. Terms of lease agreements.
16 2313. Selection of contractor.
17 2314. Award of contract.
18 2315. Construction oversight and inspection.
19 2316. Exemption and nonapplicable acts.
20 2317. Location of facility.
21 2318. Report to General Assembly.
22 § 2311. Authorization.
23 The Department of General Services is authorized to enter
24 into agreements for the lease or purchase of three 1,000-cell
25 prisons in this Commonwealth. Two prisons are to be located
26 anywhere in this Commonwealth and one maximum security prison is
27 to be located in Greene County.
28 § 2312. Terms of lease agreements.
29 (a) Term.--The terms of the lease agreements shall be at
30 least 20 years, subject to the exercise of its option by the
20050S0506B0539 - 72 -
1 Commonwealth to purchase under subsection (b).
2 (b) Option.--The Commonwealth shall have the option to
3 purchase each facility at the time the facility is turned over
4 to the Commonwealth for operation, at the end of the lease term
5 or at intermediate dates as specified in the lease agreements.
6 (c) Timing.--The lease agreement shall be executed prior to
7 the commencement of construction. The lease term shall commence
8 upon execution of a lease, at the time the facility is ready for
9 operation or on any date certain prior to the occupancy of the
10 facility.
11 (d) Assignability.--Each lease agreement shall provide that
12 it may be assigned by the developers with the concurrence of the
13 Commonwealth and shall be in such form that it may be used as
14 security for a loan or loans to finance the acquisition and
15 construction of the facility.
16 (e) Rent.--Payment of rent by the Commonwealth shall begin
17 when the facility is occupied by the Commonwealth.
18 (f) Option price.--The Department of General Services, in
19 consultation with the Office of the Budget, shall have the
20 authority, through negotiations with the contractor, to
21 determine the cost of the option to purchase each facility
22 should the Commonwealth choose to exercise its option to
23 purchase and to determine the amount of payment, if any, due at
24 the end of the term of the lease agreements or at other option
25 dates.
26 (g) Prevailing wage requirement.--The lease agreements shall
27 provide that the project be constructed pursuant to prevailing
28 wages as shall be determined by the Department of Labor and
29 Industry.
30 (h) Critical path method scheduling.--The lease agreement
20050S0506B0539 - 73 -
1 may provide that critical path method scheduling be utilized.
2 § 2313. Selection of contractor.
3 (a) Specification.--The Department of Corrections, with
4 review by the Department of General Services, shall supply the
5 general specifications for the facilities to be developed.
6 (b) Advertisement.--The Department of General Services shall
7 advertise for proposals to construct the prisons and lease the
8 buildings to the Commonwealth.
9 (c) Committee.--A committee shall be established to review
10 the proposals under subsection (b). This committee shall include
11 representatives from the Department of Corrections, the
12 Department of General Services and the Department of Labor and
13 Industry. This committee may include, at the discretion of the
14 chairman and minority chairman of the Appropriations Committee
15 of the Senate and the chairman and minority chairman of the
16 Appropriations Committee of the House of Representatives,
17 nonvoting oversight members. The chairman and minority chairman
18 of the Appropriations Committee of the Senate and the chairman
19 and minority chairman of the Appropriations Committee of the
20 House of Representatives may each appoint one nonvoting member
21 to the committee.
22 (d) Submission of proposals.--The proposals shall be
23 submitted to the Department of General Services for
24 consideration by the committee.
25 (e) Committee recommendation.--The committee shall recommend
26 a proposal to the Secretary of General Services, the Secretary
27 of Corrections and the Secretary of the Budget for approval.
28 § 2314. Award of contract.
29 The award of a contract under this subchapter shall be made
30 on the basis of the best interest of the Commonwealth to a
20050S0506B0539 - 74 -
1 responsive and responsible proposer. Although cost shall be
2 considered as a factor, it need not be the determining factor.
3 The Secretary of General Services, the Secretary of Corrections
4 and the Secretary of the Budget, prior to the award of a
5 contract under this section to a proposer other than the low
6 responsive and responsible proposer, shall notify the chairman
7 and minority chairman of the Appropriations Committee of the
8 Senate and the chairman and minority chairman of the
9 Appropriations Committee of the House of Representatives of
10 their rationale and justification for the award. No award shall
11 be made to a proposer other than the low responsive and
12 responsible proposer until notification and a time period of
13 five days from the date of notification for comment is given to
14 the chairman and minority chairman of the Appropriations
15 Committee of the Senate and the chairman and minority chairman
16 of the Appropriations Committee of the House of Representatives.
17 The confidentiality of any and all details of the information
18 contained in the bid proposals shall be strictly maintained.
19 § 2315. Construction oversight and inspection.
20 (a) Responsibility.--The Secretary of the Budget shall
21 exercise construction audit oversight responsibility during
22 selection of the contractors and during the design and
23 construction of the facilities. The Secretary of the Budget may
24 retain such consultants and staff as may be necessary to carry
25 out this oversight function, including the use of the current
26 construction audit unit in the Office of the Budget.
27 (b) Inspection.--The Department of General Services or its
28 duly authorized agent, in consultation with the Department of
29 Corrections, shall inspect the facilities in accordance with law
30 to determine if construction meets the specifications for the
20050S0506B0539 - 75 -
1 facilities.
2 § 2316. Exemption and nonapplicable acts.
3 The facilities authorized in this subchapter are exempt from
4 the provisions of the former act of March 21, 1986 (P.L.64,
5 No.19), known as the Private Prison Moratorium and Study Act.
6 § 2317. Location of facility.
7 For prison projects itemized in this subchapter for which a
8 location is not specified, the Department of General Services
9 shall, upon the termination of the period allowed for submission
10 of proposals to the Department of General Services, notify the
11 county board of commissioners, or the county council in counties
12 which have adopted a home rule charter, of each county where a
13 proposal has been received for a site or sites within the
14 county. Each county board or council so notified may disapprove
15 the location of a prison within the county by a majority vote
16 taken within 60 days following receipt of notice from the
17 department. Any such county board or council may waive its right
18 to disapprove sites within the county by majority vote taken at
19 any time.
20 § 2318. Report to General Assembly.
21 The department shall, each month, report to the General
22 Assembly any deviation from the critical path schedule for the
23 facility authorized by this subchapter and shall, upon
24 completion of the facility, submit a final report setting forth
25 the advantages and disadvantages of lease/purchase acquisition
26 of capital facilities and making recommendations.
27 SUBCHAPTER C
28 ITEMIZATION OF PUBLIC IMPROVEMENT PROJECTS
29 Sec.
30 2321. Total authorizations.
20050S0506B0539 - 76 -
1 2322. Itemization of public improvement projects.
2 2323. Special provisions.
3 2324. Debt authorization.
4 2325. Issue of bonds.
5 2326. Estimated useful life and term of debt.
6 2327. Use of funds previously appropriated.
7 2328. Federal funds.
8 2329. Insurance proceeds.
9 2330. Current revenues.
10 § 2321. Total authorizations.
11 The total authorization for additional capital projects in
12 the category of public improvement projects itemized in section
13 2322 (relating to itemization of public improvement projects)
14 and to be acquired or constructed by the Department of General
15 Services, its successors or assigns shall be $235,098,000. This
16 authorization shall be allocated as follows:
17 (1) The sum of $219,372,000 to be financed by the
18 incurring of debt.
19 (2) The sum of $15,000,000 to be financed from insurance
20 proceeds.
21 (3) The sum of $726,000 to be financed from current
22 revenues appropriated by the act of July 1, 1989 (P.L.801,
23 No.3A), known as the General Appropriation Act of 1989.
24 § 2322. Itemization of public improvement projects.
25 Additional capital projects in the category of public
26 improvement projects to be acquired or constructed by the
27 Department of General Services, its successors or assigns and to
28 be financed by the incurring of debt, from current revenues or
29 from insurance proceeds, including the Insurance Fund, are
30 hereby itemized, together with their respective estimated
20050S0506B0539 - 77 -
1 financial costs as follows:
2 Total
3 Project
4 Project Allocation
5 (1) Department of Corrections $235,098,000
6 (i) State Correctional Institution -
7 Clearfield County
8 (A) Program development and design of a
9 prototypical 1,000-cell facility to be
10 used in construction of a facility in
11 Clearfield County and other State
12 prison projects 12,000,000
13 (B) Construction of a 1,000-cell facility
14 to be located in Clearfield County,
15 including land acquisition 73,000,000
16 (ii) State Correctional Institution - Camp
17 Hill, Cumberland County
18 (A) Purchase and installation of modular
19 units with a capacity of approximately
20 650 cells, including site preparation 31,213,000
21 (Base Project Allocation - $28,092,000)
22 (Design and Contingencies - $3,121,000)
23 (B) Construction, reconstruction,
24 renovation and restoration of fire
25 damage to buildings and structures and
26 renovation and upgrading of the
27 physical plant and security systems 47,400,000
28 (Base Project Allocation - $42,660,000)
29 (Design and Contingencies - $4,740,000)
30 (C) Expansion of diagnostic and
20050S0506B0539 - 78 -
1 classification center 242,000
2 (Base Project Allocation - $242,000)
3 (iii) State Correctional Institution -
4 Cresson, Cambria County
5 (A) Purchase and installation of modular
6 units with a capacity of approximately
7 130 cells, including site preparation 3,044,000
8 (Base Project Allocation - $2,739,000)
9 (Design and Contingencies - $305,000)
10 (B) Construction of a 52-cell modular unit
11 dormitory for drug and alcohol
12 therapeutic community 162,000
13 (Base Project Allocation - $162,000)
14 (iv) State Correctional Institution -
15 Frackville, Schuylkill County
16 (A) Purchase and installation of modular
17 units with a capacity of approximately
18 130 cells, including site preparation 3,044,000
19 (Base Project Allocation - $2,739,000)
20 (Design and Contingencies - $305,000)
21 (B) Connect institution sewage plant with
22 municipal sewage system 255,000
23 (Base Project Allocation - $255,000)
24 (v) State Correctional Institution - Mercer,
25 Mercer County
26 (A) Purchase and installation of modular
27 units with a capacity of approximately
28 130 cells, including site preparation 3,044,000
29 (Base Project Allocation - $2,739,000)
30 (Design and Contingencies - $305,000)
20050S0506B0539 - 79 -
1 (B) Construction and installation of a
2 road and fence 220,000
3 (Base Project Allocation - $198,000)
4 (Design and Contingencies - $22,000)
5 (vi) State Correctional Institution - Muncy,
6 Lycoming County
7 (A) Purchase and installation of modular
8 units with a capacity of approximately
9 130 cells, including site preparation 3,842,000
10 (Base Project Allocation - $3,493,000)
11 (Design and Contingencies - $349,000)
12 (B) Construction of additional housing for
13 female offenders 322,000
14 (Base Project Allocation - $322,000)
15 (C) Sewage plant expansion 738,000
16 (Base Project Allocation - $738,000)
17 (D) Kitchen/laundry expansion 576,000
18 (Base Project Allocation - $576,000)
19 (vii) State Correctional Institution -
20 Smithfield, Huntingdon County
21 (A) Purchase and installation of a potable
22 water storage tank, including site
23 preparation 870,000
24 (Base Project Allocation - $725,000)
25 (Design and Contingencies - $145,000)
26 (viii) State Correctional Institution -
27 Waynesburg, Greene County
28 (A) Purchase and installation of modular
29 units with a capacity of approximately
30 130 cells, including site preparation 3,732,000
20050S0506B0539 - 80 -
1 (Base Project Allocation - $3,393,000)
2 (Design and Contingencies - $339,000)
3 (B) Sewage plant 505,000
4 (Base Project Allocation - $505,000)
5 (ix) State Correctional Institution -
6 Graterford, Montgomery County
7 (A) Purchase and installation of modular
8 units with a capacity of approximately
9 130 cells, including site preparation 5,917,000
10 (Base Project Allocation - $5,325,000)
11 (Design and Contingencies - $592,000)
12 (B) New kitchen/dining room 7,155,000
13 (Base Project Allocation - $7,155,000)
14 (x) State Correctional Institution -
15 Huntingdon, Huntingdon County
16 (A) Purchase and installation of modular
17 units with a capacity of approximately
18 130 cells, including site preparation 5,917,000
19 (Base Project Allocation - $5,325,000)
20 (Design and Contingencies - $592,000)
21 (xi) State Correctional Institution - City of
22 Chester
23 (A) Additional funds for DGS 576-7;
24 construction of a new prison facility
25 to house and provide treatment for drug
26 offenders, including land acquisition 31,900,000
27 (Base Project Allocation - $28,710,000)
28 (Design and Contingencies - $3,190,000)
29 § 2323. Special provisions.
30 (a) Exemptions.--The projects itemized in section
20050S0506B0539 - 81 -
1 2322(1)(ii)(A), (iii)(A), (iv)(A), (v)(A), (vi)(A), (viii)(A),
2 (ix)(A) and (x)(A) (relating to itemization of public
3 improvement projects) are exempt from the provisions of the
4 first paragraph of section 1 of the act of May 1, 1913 (P.L.155,
5 No.104), entitled "An act regulating the letting of certain
6 contracts for the erection, construction, and alteration of
7 public buildings."
8 (b) Construction of act.--Nothing in this chapter shall be
9 construed as changing the intended purpose of the State Regional
10 Correctional Facility at Mercer.
11 (c) Construction management services.--The Department of
12 General Services may, to facilitate project management, conflict
13 resolution and timely project completion, contract for
14 construction management services, including critical path
15 scheduling for projects authorized in this chapter.
16 (d) Incentive payments.--The Department of General Services
17 may develop a procedure providing for incentive payments to
18 contractors for early completion of their obligations under the
19 contracts let pursuant to this subchapter.
20 (e) Interdepartment communication.--The Department of
21 General Services and the Department of Corrections shall develop
22 a process to facilitate communication between the departments,
23 contractors and design professionals to avoid unnecessary delays
24 and to expedite the processing of project documents for projects
25 authorized in this chapter.
26 (f) Program development and design.--The Department of
27 General Services shall, through a request for proposals,
28 contract for professional services needed to prepare planning
29 and design documents which will be used to develop prototype
30 solicitations for proposals. Solicitations for proposals will be
20050S0506B0539 - 82 -
1 developed for 1,000-cell maximum security prisons and 1,000-cell
2 medium security prisons.
3 § 2324. Debt authorization.
4 The Governor, Auditor General and State Treasurer are hereby
5 authorized and directed to borrow from time to time, in addition
6 to any authorization heretofore or hereafter enacted, on the
7 credit of the Commonwealth, subject to the limitations provided
8 in the current capital budget, money not exceeding in the
9 aggregate the sum of $219,372,000 as may be necessary to carry
10 out the acquisition and construction of the public improvement
11 projects specifically itemized in a capital budget.
12 § 2325. Issue of bonds.
13 The indebtedness authorized in this subchapter shall be
14 incurred from time to time and shall be evidenced by one or more
15 series of general obligation bonds of the Commonwealth in such
16 aggregate principal amount for each series as the Governor,
17 Auditor General and State Treasurer shall determine, but the
18 latest stated maturity date shall not exceed the estimated
19 useful life of the projects being financed as stated in section
20 2326 (relating to estimated useful life and term of debt).
21 § 2326. Estimated useful life and term of debt.
22 (a) Estimated useful life.--The General Assembly states that
23 the estimated useful life of the public improvement projects
24 itemized in this subchapter is 30 years with the exception of
25 the public improvement projects itemized in section
26 2322(1)(ii)(A), (iii)(A), (iv)(A), (v)(A), (vi)(A), (viii)(A),
27 (ix)(A) and (x)(A) (relating to itemization of public
28 improvement grants) for which the estimated useful life is 15
29 years.
30 (b) Term of debt.--The maximum term of debt authorized to be
20050S0506B0539 - 83 -
1 incurred under this chapter is 30 years.
2 § 2327. Use of funds previously appropriated.
3 The net proceeds of the sale of the obligations authorized in
4 this subchapter appropriated from the Capital Facilities Fund to
5 the Department of General Services in the maximum amount of
6 $219,372,000 under section 507 of the former act of July 1, 1990
7 (P.L.315, No.71), known as the Prison Facilities Improvement
8 Act, may be used by it exclusively to defray the financial cost
9 of the public improvement projects specifically itemized in a
10 capital budget. After reserving or paying the expenses of the
11 sale of the obligation, the State Treasurer shall pay to the
12 Department of General Services the moneys as required and
13 certified by it to be legally due and payable.
14 § 2328. Federal funds.
15 In addition to those funds identified in section 2327
16 (relating to use of funds previously appropriated), all moneys
17 received from the Federal Government for the projects
18 specifically itemized in this subchapter and appropriated under
19 section 508 of the former act of July 1, 1990 (P.L.315, No.71),
20 known as the Prison Facilities Improvement Act, may be used for
21 those projects.
22 § 2329. Insurance proceeds.
23 In addition to those funds identified in section 2327
24 (relating to use of funds previously appropriated), all moneys
25 received from the Insurance Fund or from insurance carriers for
26 fire damage to be repaired, restored or reconstructed for
27 projects specifically itemized in this subchapter appropriated
28 under section 509 of the former act of July 1, 1990 (P.L.315,
29 No.71), known as the Prison Facilities Improvement Act, may be
30 used for those projects.
20050S0506B0539 - 84 -
1 § 2330. Current revenues.
2 The funding for the public improvement projects authorized in
3 section 2322(1)(ii)(C), (iii) and (vi) (relating to itemization
4 of public improvement projects) was previously appropriated to
5 the Department of Corrections by the act of July 1, 1989
6 (P.L.801, No.3A), known as the General Appropriation Act of
7 1989.
8 SUBCHAPTER D
9 INCURRING INDEBTEDNESS FOR COUNTY PRISONS
10 Sec.
11 2341. Definitions.
12 2342. Referendum to authorize incurring indebtedness.
13 2343. Authority to borrow.
14 2344. Bonds, issue, maturity, interest, etc.
15 2345. Sale of bonds.
16 2346. Refunding bonds.
17 2347. Registration of bonds.
18 2348. Disposition and use of proceeds.
19 2349. Local Criminal Justice Sinking Fund.
20 2350. Expenses of preparation, issue and sale of bonds.
21 2351. Temporary financing authorization.
22 2352. Quorum.
23 2353. Information to General Assembly.
24 2354. Grants to counties.
25 2355. Multicounty regional prison facilities.
26 2356. Appropriation.
27 § 2341. Definitions.
28 The following words and phrases when used in this subchapter
29 shall have the meanings given to them in this section unless the
30 context clearly indicates otherwise:
20050S0506B0539 - 85 -
1 "Construction." The term includes the preparation of
2 drawings and specifications for facilities; erecting, building,
3 altering, remodeling, improving or extending such facilities;
4 and the inspection and supervision of the construction of such
5 facilities. The term does not include any interest in land.
6 "County." Any county of this Commonwealth.
7 "Department." The Department of Corrections of the
8 Commonwealth.
9 "Facility." The term includes any building and related
10 facility, initial equipment, machinery and utilities necessary
11 or appropriate for the criminal justice purpose for which the
12 particular facility was constructed.
13 "Local correctional facility." Any jail, prison or detention
14 facility operated by a county or jointly by more than one county
15 and used for the confinement of persons for safe custody. The
16 term does not include any facility used for the detention or
17 confinement of juveniles.
18 § 2342. Referendum to authorize incurring indebtedness.
19 (a) Submission of question to electors.--The question of
20 incurring indebtedness of $200,000,000 for the repair,
21 expansion, construction, reconstruction or rehabilitation of
22 county prisons or multicounty regional prison facilities or the
23 purchase of electronic monitoring equipment for alternative
24 sentencing programs shall be submitted to the electors at the
25 next primary, municipal or general election following the
26 effective date of Chapter 7 of the former act of July 1, 1990
27 (P.L.315, No.71), known as the Prison Facilities Improvement
28 Act.
29 (b) Certification to county boards of elections.--The
30 Secretary of the Commonwealth shall immediately certify the
20050S0506B0539 - 86 -
1 question under subsection (a) to the county boards of elections.
2 (c) Form of question.--The question shall be in
3 substantially the following form:
4 Do you favor the incurring of indebtedness by the
5 Commonwealth of $200,000,000 to repair, expand,
6 construct, reconstruct and rehabilitate county
7 prisons or multicounty regional prison facilities or
8 fund capital needs to create or expand county
9 alternative sentencing or treatment programs?
10 (d) Conduct of election.--The election shall be conducted in
11 accordance with the act of June 3, 1937 (P.L.1333, No.320),
12 known as the Pennsylvania Election Code, except that the time
13 limits for advertisement of notice of the election may be waived
14 as to the question.
15 § 2343. Authority to borrow.
16 In the event that the question of incurring indebtedness, as
17 described in section 2342 (relating to referendum to authorize
18 incurring indebtedness), is approved by a majority of those
19 voting on the question in accordance with section 7(a)(3) of
20 Article VIII of the Constitution of Pennsylvania, the Governor,
21 Auditor General and State Treasurer are hereby authorized and
22 directed to borrow, on the credit of the Commonwealth, such sum
23 or sums of money not exceeding in the aggregate the sum of
24 $200,000,000, as may be necessary to carry out the purposes of
25 this subchapter.
26 § 2344. Bonds, issue, maturity, interest, etc.
27 (a) Issuance.--As evidence of the indebtedness authorized by
28 this subchapter, general obligation bonds of the Commonwealth
29 shall be issued from time to time for such total amounts, in
30 such forms, in such denominations and subject to such terms and
20050S0506B0539 - 87 -
1 conditions of issue, redemption and maturity, rate or rates of
2 interest and time of payment of interest as the Governor,
3 Auditor General and State Treasurer shall direct, except that
4 the latest stated maturity date shall not exceed 30 years from
5 the date of the bond first issued for each such series.
6 (b) Signatures and seal.--All bonds issued under the
7 authority of this subchapter shall bear facsimile signatures of
8 the Governor, the Auditor General and the State Treasurer, and a
9 facsimile of the Great Seal of the Commonwealth, and shall be
10 countersigned by two duly authorized officers of the duly
11 authorized loan and transfer agents of the Commonwealth.
12 (c) Full faith and credit.--All bonds issued in accordance
13 with the provisions of this subchapter shall be direct
14 obligations of the Commonwealth, and the full faith and credit
15 of the Commonwealth are hereby pledged for the payment of the
16 interest thereon as the same shall become due and for the
17 payment of the principal thereof at maturity. All bonds issued
18 under the provisions of this subchapter shall be exempt from
19 taxation for State and local purposes. The principal of and
20 interest on such bonds shall be payable in lawful money of the
21 United States of America.
22 (d) Form.--Bonds issued under this subchapter may be issued
23 as coupon bonds or registered as to both principal and interest
24 as the issuing officials may determine. If interest coupons are
25 attached, they shall contain the facsimile signature of the
26 State Treasurer.
27 (e) Amount.--The issuing officials shall provide for the
28 amortization of the bonds issued under this subchapter in
29 substantial and regular amounts over the term of the debt.
30 (f) Preparation.--The Governor, the Auditor General and the
20050S0506B0539 - 88 -
1 State Treasurer shall proceed to have the necessary bonds
2 prepared and printed. The bonds, as soon as they are prepared
3 and printed, shall be deposited with the duly authorized loan
4 and transfer agent of the Commonwealth, there to remain until
5 sold in accordance with the provisions of this subchapter.
6 § 2345. Sale of bonds.
7 (a) Offering for sale.--When bonds are issued under this
8 subchapter, they shall be offered for sale and shall be sold by
9 the Governor, the Auditor General and State Treasurer to the
10 highest and best bidder or bidders after due public
11 advertisement, on such terms and conditions and upon such open
12 competitive bidding as the Governor, the Auditor General and the
13 State Treasurer shall direct. The manner and character of
14 advertisement and the times of advertising shall be prescribed
15 by the Governor, the Auditor General and the State Treasurer.
16 (b) Private sale.--Any portion of any bond issue offered
17 under subsection (a) and not sold or subscribed for may be
18 disposed of by private sale by the Governor, the Auditor General
19 and the State Treasurer in such manner and at such prices as the
20 Governor shall direct.
21 (c) Series.--When bonds are issued from time to time, the
22 bonds of each issue shall constitute a separate series to be
23 designated by the issuing officials or may be combined for sale
24 as one series with other general obligation bonds of the
25 Commonwealth.
26 § 2346. Refunding bonds.
27 The Governor, the Auditor General and the State Treasurer are
28 authorized by this subchapter to provide, by resolution, for the
29 issuance of refunding bonds for the purpose of refunding any
30 bonds issued under the provisions of this subchapter and then
20050S0506B0539 - 89 -
1 outstanding, either by voluntary exchange with the holders of
2 such outstanding bonds with accrued interest and any premium
3 payable thereon, at maturity or at any call date. The issuance
4 of refunding bonds, the maturities and other details thereof,
5 the rights of the holders thereof, and the duties of the
6 Governor, the Auditor General and the State Treasurer in respect
7 to refunding bonds shall be governed by the provisions of this
8 subchapter, insofar as they may be applicable. Refunding bonds
9 may be issued by the Governor, the Auditor General and the State
10 Treasurer to refund bonds originally issued or to refund bonds
11 previously issued for refunding purposes.
12 § 2347. Registration of bonds.
13 The Auditor General shall prepare the necessary registry book
14 to be kept in the office of the duly authorized loan and
15 transfer agent of the Commonwealth for the registration of any
16 bonds, at the request of owners thereof, according to the terms
17 and conditions of issue directed by the Governor, the Auditor
18 General and the State Treasurer. All bonds which are issued
19 under this subchapter without interest coupons attached shall be
20 registered in the registry books kept by the duly authorized
21 loan and transfer agent of the Commonwealth.
22 § 2348. Disposition and use of proceeds.
23 (a) Creation of Local Criminal Justice Fund.--The Local
24 Criminal Justice Fund shall continue to exist in the State
25 Treasury. The proceeds realized from the sale of bonds under the
26 provisions of this subchapter shall be paid into this special
27 fund and are hereby specifically dedicated to the purpose of the
28 referendum authorized by section 2342 (relating to referendum to
29 authorize incurring indebtedness). The moneys shall be paid
30 periodically by the State Treasurer to the department at such
20050S0506B0539 - 90 -
1 times and in such amounts as may be necessary to satisfy the
2 purpose of this subchapter.
3 (b) Investment and earnings.--Pending their application to
4 the purposes authorized, moneys held or deposited in the Local
5 Criminal Justice Fund by the State Treasurer may be invested or
6 reinvested as are other funds in the custody of the State
7 Treasurer in the manner provided by law. All earnings received
8 from the investment or deposit of such funds shall be paid into
9 the State Treasury to the credit of the Local Criminal Justice
10 Fund.
11 § 2349. Local Criminal Justice Sinking Fund.
12 All bonds issued under the authority of this subchapter or
13 Chapter 7 of the former act of July 1, 1990 (P.L.315, No.71),
14 known as the Prison Facilities Improvement Act, shall be
15 redeemed at maturity, and all interest due from time to time on
16 such bonds shall be paid from the Local Criminal Justice Sinking
17 Fund, which shall continue to exist in the State Treasury. For
18 the specific purpose of redeeming these bonds at maturity and
19 paying all interest thereon in accordance with the information
20 received from the Governor, the General Assembly shall
21 appropriate moneys for the payment of interest on these bonds
22 and the principal thereof at maturity. All moneys paid into the
23 Local Criminal Justice Sinking Fund and all of such moneys not
24 necessary to pay accruing interest shall be invested by the
25 Board of Finance and Revenue in such securities as are provided
26 by law for the investment of the sinking funds of the
27 Commonwealth.
28 § 2350. Expenses of preparation, issue and sale of bonds.
29 There is hereby appropriated to the State Treasurer, from the
30 proceeds of the bonds issued, as much of the moneys as may be
20050S0506B0539 - 91 -
1 necessary for all costs and expenses in connection with the
2 issue of and sale and registration of bonds in connection with
3 this subchapter.
4 § 2351. Temporary financing authorization.
5 (a) Temporary borrowing.--Pending the issuance of bonds of
6 the Commonwealth, the Governor, the Auditor General and the
7 State Treasurer are authorized, on the credit of the
8 Commonwealth, to make temporary borrowings of such moneys as may
9 from time to time be necessary to carry out the purposes of this
10 subchapter and are authorized in the name and on behalf of the
11 Commonwealth to enter into loan or credit agreements with any
12 banks or trust companies or other lending institutions or
13 persons in the United States having power to enter into the
14 same.
15 (b) Form.--All temporary borrowings made under the authority
16 of this section shall be evidenced by notes of the Commonwealth,
17 which shall be issued from time to time for such amounts, not
18 exceeding in the aggregate the sum of $200,000,000, in such form
19 and in such denominations, and subject to such terms and
20 conditions of issue, prepayment or redemption and maturity, rate
21 of interest and time of payment of interest as the issuing
22 officials shall direct. All notes issued under the authority of
23 this section shall bear the facsimile signatures of the issuing
24 officials and a facsimile of the Great Seal of the Commonwealth
25 and shall be countersigned by two duly authorized officers of a
26 duly authorized loan and transfer agent of the Commonwealth.
27 (c) Funding and retirement.--All notes under this section
28 shall be funded and retired by the issuance and sale of bonds of
29 the Commonwealth to the extent that payment of these notes has
30 not otherwise been made or provided for.
20050S0506B0539 - 92 -
1 (d) Proceeds.--The proceeds of all temporary borrowings
2 under this section shall be paid into the Local Criminal Justice
3 Fund.
4 § 2352. Quorum.
5 Whenever in this subchapter any action is to be taken or any
6 decision is to be made by the Governor, the Auditor General and
7 the State Treasurer, and the three officers are not able to
8 agree unanimously, the action or decision of the Governor and
9 either the Auditor General or the State Treasurer shall be
10 binding and final.
11 § 2353. Information to General Assembly.
12 It shall be the duty of the Governor to include in every
13 budget submitted to the General Assembly full information
14 relating to the issuance of bonds under the provisions of this
15 subchapter and the status of the sinking funds of the
16 Commonwealth for the payment of the interest on those bonds and
17 the principal thereof at maturity.
18 § 2354. Grants to counties.
19 The department shall, by regulation, establish procedures to
20 implement the purposes of this subchapter and to make grants to
21 counties for the repair, expansion, construction,
22 reconstruction, rehabilitation and improvement of local
23 correctional facilities or multicounty regional prison
24 facilities or the purchase of electronic monitoring equipment
25 for alternative sentencing programs. These procedures shall
26 include, at a minimum, the following:
27 (1) Applications shall be made to the department by the
28 county or counties requesting the grant.
29 (2) Any grant approved by the department must be matched
30 by funding in a like amount by the county from county funds,
20050S0506B0539 - 93 -
1 except that, if any Federal funding should become available
2 for the construction of local correctional facilities, then
3 both the department and county shares shall be reduced in
4 like proportion.
5 (3) Grants shall be available only for the repair,
6 expansion, construction, reconstruction, rehabilitation and
7 improvement of local correctional facilities or multicounty
8 regional prison facilities or the purchase of electronic
9 monitoring equipment for alternative sentencing programs.
10 (4) Priority in the grant process shall be given to
11 those counties which have expanded their prison facilities
12 within five years of the date of the application and which
13 are presently at or exceeding 115% of rated capacity. Under
14 no circumstances shall any such grant exceed $1,000,000.
15 § 2355. Multicounty regional prison facilities.
16 (a) Authorization to counties.--Any county or counties or
17 any county authority created pursuant to the former act of May
18 2, 1945 (P.L.382, No.164), known as the Municipality Authorities
19 Act of 1945, or 53 Pa.C.S. Ch. 56 (relating to municipal
20 authorities) are authorized to acquire, hold, construct,
21 finance, improve, maintain, operate, own or lease, either in the
22 capacity of lessor or lessee, any county or multicounty regional
23 prison facility for the purpose of incarcerating their own
24 inmates and inmates of other counties. A county or multicounty
25 regional prison facility may also house Commonwealth inmates.
26 (b) Prison services contracts.--The Commonwealth and any
27 county may enter into contracts with any county or multicounty
28 regional prison facility authorized under subsection (a) for the
29 incarceration of State or county inmates and all services
30 necessary, appropriate or incident to the housing and care of
20050S0506B0539 - 94 -
1 such inmates.
2 § 2356. Appropriation.
3 (a) Appropriations to fund.--The General Assembly may make
4 appropriations from time to time to the Local Criminal Justice
5 Fund or to the department to carry out the purposes of this
6 chapter, which appropriations shall be continuing appropriations
7 and shall not lapse.
8 (b) Other sources of funds.--In addition to the moneys
9 appropriated from time to time by the General Assembly for its
10 work, the department is authorized to make application for and
11 expend such Federal grants as may be available and may also
12 receive and expend contributions from other public, quasi-public
13 or private sources as may become available.
14 SUBCHAPTER E
15 CONSTRUCTION OF NEW PRISON
16 Sec.
17 2361. Total authorization.
18 2362. Itemization of public improvement project.
19 2363. Debt authorization.
20 2364. Issue of bonds.
21 2365. Estimated useful life and term of debt.
22 2366. Appropriation.
23 2367. Federal funds.
24 § 2361. Total authorization.
25 The total authorization for the additional capital project in
26 the category of public improvement projects itemized in section
27 2362 (relating to itemization of public improvement project) and
28 to be acquired or constructed by the Department of General
29 Services, its successors or assigns, and to be financed by the
30 incurring of debt, shall be $5,500,000.
20050S0506B0539 - 95 -
1 § 2362. Itemization of public improvement project.
2 An additional capital project in the category of public
3 improvement projects to be acquired or constructed by the
4 Department of General Services, its successors or assigns, and
5 to be financed by the incurring of debt, is hereby itemized,
6 together with its respective estimated financial cost, as
7 follows:
8 Total
9 Project
10 Project Allocation
11 (1) Drug and Alcohol Treatment Facility - Forest
12 County
13 (i) Design and construction of a facility
14 under the control of the Pennsylvania Board
15 of Probation and Parole for drug and
16 alcohol treatment 5,500,000
17 (Base Project Allocation - $4,500,000)
18 (Design and Contingencies - $1,000,000)
19 § 2363. Debt authorization.
20 The Governor, the Auditor General and the State Treasurer are
21 hereby authorized and directed to borrow from time to time, in
22 addition to any authorization heretofore or hereafter enacted,
23 on the credit of the Commonwealth, subject to the limitations
24 provided in the current capital budget, money not exceeding in
25 the aggregate the sum of $5,500,000 as may be necessary to carry
26 out the acquisition and construction of the public improvement
27 projects specifically itemized in a capital budget.
28 § 2364. Issue of bonds.
29 The indebtedness authorized in this subchapter shall be
30 incurred from time to time and shall be evidenced by one or more
20050S0506B0539 - 96 -
1 series of general obligation bonds of the Commonwealth in such
2 aggregate principal amount for each series as the Governor, the
3 Auditor General and the State Treasurer shall determine, but the
4 latest stated maturity date shall not exceed the estimated
5 useful life of the project being financed as stated in section
6 2365 (relating to estimated useful life and term of debt).
7 § 2365. Estimated useful life and term of debt.
8 (a) Estimated useful life.--The General Assembly states that
9 the estimated useful life of the public improvement projects
10 itemized in this chapter is 30 years.
11 (b) Term of debt.--The maximum term of the debt authorized
12 to be incurred under this subchapter is 30 years.
13 § 2366. Appropriation.
14 The net proceeds of the sale of the obligations authorized in
15 this subchapter are hereby appropriated from the Capital
16 Facilities Fund to the Department of General Services in the
17 maximum amount of $5,500,000 to be used by it exclusively to
18 defray the financial cost of the public improvement projects
19 specifically itemized in a capital budget. After reserving or
20 paying the expenses of the sale of the obligation, the State
21 Treasurer shall pay to the Department of General Services the
22 moneys as required and certified by it to be legally due and
23 payable.
24 § 2367. Federal funds.
25 In addition to those funds appropriated in section 2366
26 (relating to appropriation), all moneys received from the
27 Federal Government for the project specifically itemized in this
28 subchapter are also hereby appropriated for those projects.
29 SUBCHAPTER F
30 MULTICOUNTY REGIONAL PRISON FACILITIES
20050S0506B0539 - 97 -
1 Sec.
2 2371. Authorization.
3 2372. Prison services contracts.
4 § 2371. Authorization.
5 A county or county authority created pursuant to the former
6 act of May 2, 1945 (P.L.382, No.164), known as the Municipality
7 Authorities Act of 1945, or 53 Pa.C.S. Ch. 56 (relating to
8 municipal authorities) is authorized to acquire, hold,
9 construct, finance, improve, maintain, operate, own or lease,
10 either in the capacity of lessor or lessee, any county or
11 multicounty regional prison facility for the purpose of
12 incarcerating the county's own inmates and inmates of other
13 counties. A county or multicounty regional prison facility may
14 also house Commonwealth inmates.
15 § 2372. Prison services contracts.
16 Notwithstanding the provisions of 53 Pa.C.S. Ch. 23 Subch. A
17 (relating to intergovernmental cooperation), the Commonwealth
18 and any county may enter into contracts with any county or with
19 any county authority created pursuant to the former act of May
20 2, 1945 (P.L.382, No.164), known as the Municipality Authorities
21 Act of 1945, or 53 Pa.C.S. Ch. 56 (relating to municipal
22 authorization) for the incarceration of State or county inmates
23 and all services necessary, appropriate or incident to the
24 housing and care of such inmates.
25 SUBCHAPTER G
26 MISCELLANEOUS PROVISIONS
27 Sec.
28 2381. Military installation limitation.
29 § 2381. Military installation limitation.
30 For the projects itemized in this chapter, civilian
20050S0506B0539 - 98 -
1 prisoners, either pending trial or appeal or after sentencing,
2 shall not be incarcerated at any military reservation, base or
3 facility, whether owned by the Federal or State Government, on a
4 temporary or permanent basis.
5 PART III
6 INMATE CONFINEMENT
7 Chapter
8 31. Inmate Labor.
9 33. Medical Services.
10 35. Visitation.
11 37. Motivational Boot Camp.
12 39. Execution Procedure and Method.
13 59. Miscellaneous Provisions.
14 CHAPTER 31
15 INMATE LABOR
16 Sec.
17 3101. Inmates to be employed.
18 3102. (Reserved).
19 3103. Disposition of proceeds of labor.
20 3104. Agricultural labor at county correctional institutions.
21 3105. Inmate labor in county correctional institutions.
22 3106. Inmate labor in counties of the first class.
23 3107. Inmate-made goods to be branded.
24 3108. Sale of inmate-made goods.
25 § 3101. Inmates to be employed.
26 The chief administrators may employ the inmates under their
27 control for and on behalf of the Commonwealth and the inmates
28 for and in behalf of their respective counties.
29 § 3102. (Reserved).
30 § 3103. Disposition of proceeds of labor.
20050S0506B0539 - 99 -
1 All moneys received under the provisions of this chapter for
2 labor done within county correctional institutions or the
3 products of such labor sold shall be credited on account of the
4 receipts and expenditures paid to and for the maintenance of the
5 respective correctional institutions.
6 § 3104. Agricultural labor at county correctional institutions.
7 (a) General rule.--The chief administrator of a county
8 correctional institution shall permit the employment of such
9 inmates serving sentences therein, as they shall deem advisable,
10 at agricultural labor on any county farm of the county under the
11 direction of any person appointed by the chief administrator,
12 and all inmates so employed shall at all times be amenable to
13 restraint, discipline and punishment in the same manner as if
14 they were confined in the county correctional institution.
15 (b) Liability.--No person appointed by a chief administrator
16 of a county correctional institution or his sureties shall be
17 held liable on any bond conditioned for the safekeeping of
18 persons given into that person's care, in case any inmate so
19 employed shall escape, if due care and diligence has been
20 exercised in the discharge of the duties imposed on that person.
21 § 3105. Inmate labor in county correctional institutions.
22 (a) General rule.--An inmate of a county correctional
23 institution who is physically capable may be employed at labor
24 for not to exceed eight hours each day, other than Sundays and
25 public holidays. The employment may be in such character of work
26 and the production of such goods as may now be manufactured and
27 produced in county correctional institutions and may also be
28 for:
29 (1) the purpose of the manufacture and production of
30 supplies for the county correctional institutions;
20050S0506B0539 - 100 -
1 (2) the preparation and manufacture of building material
2 for the construction or repair of the county correctional
3 institution;
4 (3) the manufacture and production of crushed stone,
5 brick, tile and culvert pipe or other material suitable for
6 draining roads; or
7 (4) the preparation of road building and ballasting
8 material.
9 (b) Authority to county commissioners.--The county
10 commissioners or chief administrator of the county correctional
11 institution shall:
12 (1) determine the amount, kind and character of the
13 machinery to be erected and the industries to be carried on
14 in the county correctional institution;
15 (2) arrange for the purchase and installation of such
16 machinery at the expense of the county; and
17 (3) provide for the sale of articles and material
18 produced.
19 (c) Funding.--The county commissioners shall make available
20 the necessary funds to carry out the provisions of this section.
21 (d) Inmate accounts.--
22 (1) The authorities in charge of a county correctional
23 institution shall fix the wages of each inmate to be employed
24 and shall keep an account of all such wages and the amount
25 due each inmate.
26 (2) Three-fourths of the amount credited to each
27 inmate, or the entire amount if the inmate so elects, shall
28 constitute a fund for the relief of any person or persons
29 dependent upon the inmate and shall be paid to such persons,
30 establishing dependency to the satisfaction of the
20050S0506B0539 - 101 -
1 authorities, at such times as they may prescribe.
2 (3) In case an inmate has no person dependent upon him,
3 the inmate's wages shall be deposited for his benefit and
4 shall be paid to him as follows:
5 (i) one-third at the time of his discharge;
6 (ii) one-third, three months thereafter; and
7 (iii) one-third, six months thereafter.
8 (e) Special administrative fund.--
9 (1) The authorities in charge of a county correctional
10 institution may establish a fund for the purpose of carrying
11 out this section and may provide for the purchase of
12 machinery and materials and payment of wages from such fund.
13 (2) All revenues received from the sale of articles
14 produced shall be paid into the fund.
15 (f) Nonapplicability.--This section shall not apply to a
16 county of the first class.
17 § 3106. Inmate labor in counties of the first class.
18 (a) General rule.--The board of inspectors of a county
19 correctional institution of a county of the first class may
20 establish, from time to time, a scale of wages that shall not be
21 less than ten cents per day, and may pay and the inmates may
22 receive compensation for their work, according to such scale.
23 (b) Inmate account.--
24 (1) Except as otherwise provided in paragraph (2), the
25 earnings of each inmate shall be credited to his account and
26 disbursements made on approval of the chief administrator of
27 the institution and the written order of the inmate.
28 (2) When an inmate is committed for nonsupport, the
29 court which sentenced the inmate shall order payment of his
30 earnings and in the case of other inmates, the court which
20050S0506B0539 - 102 -
1 sentenced the inmate may order payments from his earnings to
2 be paid to his dependents.
3 (3) At time of release or discharge, the inmate shall
4 receive all moneys remaining in his account and give receipt
5 for the same.
6 § 3107. Inmate-made goods to be branded.
7 (a) General rule.--All goods, wares, merchandise or other
8 article or thing made by inmate labor in any correctional
9 institution or other establishment in which inmate labor is
10 employed, whether for the direct benefit and maintenance of the
11 correctional institution or other establishment or upon contract
12 by the authorities of the same with any third person,
13 immediately upon the completion of the same, shall be branded as
14 provided in this section and may not be taken into or exposed in
15 any place for sale at wholesale or retail without that brand.
16 (b) Style and place of brand.--
17 (1) The brand required by this section shall be in plain
18 English lettering and shall contain at the head or top of the
19 brand the words "inmate made," followed by the year and name
20 of the correctional institution or other establishment in
21 which made.
22 (2) The brand shall in all cases, when the nature of the
23 article will permit, be placed on the article and only where
24 the branding is impossible may it be placed on the box or
25 other receptacle or covering in which it is contained.
26 (3) The brand shall be affixed to the article by
27 casting, burning, pressing or other such process or means so
28 that the article may not be defaced and in all cases shall be
29 upon the most conspicuous place upon the article or the box,
30 receptacle or covering containing the article.
20050S0506B0539 - 103 -
1 (c) Applicability.--This section shall not apply to goods,
2 wares and merchandise shipped to points outside of this
3 Commonwealth.
4 § 3108. Sale of inmate-made goods.
5 The department may contract to sell or sell the articles
6 manufactured or produced in any correctional institution which
7 cannot be used therein, to the Commonwealth or to any political
8 subdivision thereof, or to any State, municipality, or county
9 authority, created by or under any law of this Commonwealth, or
10 to any State correctional institution, or to any educational or
11 charitable institution receiving aid from the Commonwealth, or
12 to the Federal Government or any department, bureau, commission,
13 authority or agency thereof, or to any other state or political
14 subdivision or authority thereof, or to any institution
15 receiving aid from the Federal Government or of any other state.
16 CHAPTER 33
17 MEDICAL SERVICES
18 Sec.
19 3301. Short title of chapter.
20 3302. Definitions.
21 3303. Medical Services Program.
22 3304. Powers and duties of department.
23 3305. Costs outstanding upon release.
24 3306. Report to General Assembly.
25 3307. Applicability.
26 § 3301. Short title of chapter.
27 This chapter shall be known and may be cited as the
28 Correctional Institution Medical Services Act.
29 § 3302. Definitions.
30 The following words and phrases when used in this chapter
20050S0506B0539 - 104 -
1 shall have the meanings given to them in this section unless the
2 context clearly indicates otherwise:
3 "Program." The Prison Medical Services Program established
4 for inmates under section 3303 (relating to Medical Services
5 Program).
6 § 3303. Medical Services Program.
7 (a) Establishment.--The Medical Services Program is
8 established in the department which shall include, but not be
9 limited to, the provisions of this chapter. The program shall be
10 a copay program requiring inmates to pay a fee to cover a
11 portion of the actual costs of the medical services provided.
12 (b) Fees.--
13 (1) The department shall develop by regulation a program
14 for inmates which includes fees for certain medical services.
15 The regulations shall provide for consistent medical services
16 guidelines by specifying the medical services which are
17 subject to fees, the fee amounts, payment procedures, medical
18 services which are not subject to fees and fees applicable to
19 medical emergencies, chronic care and preexisting conditions.
20 (2) In addition to other medical services provided to
21 the inmate, an inmate may be required to pay a fee for
22 medical services provided because of injuries the inmate
23 inflicted upon himself or another inmate.
24 (c) Explanation of program.--Each inmate shall be advised of
25 the medical services fees and payment procedures at the time of
26 intake. An explanation of the program regulations shall be
27 included in the inmate handbook.
28 (d) Written notice of changes.--Each inmate shall receive
29 written notice of any changes in medical services fees and
30 payment procedures and an initial written notice of the
20050S0506B0539 - 105 -
1 program's implementation.
2 (e) Payment for medical services.--
3 (1) No inmate shall be denied access to medical services
4 because of an inability to pay the required fees.
5 (2) The department shall devise and implement a program
6 whereby inmates of State correctional institutions who have
7 medical insurance shall pay for their own medical needs
8 through that insurance. This program shall be contained in
9 regulations promulgated by the department.
10 (f) Fee debits.--An inmate shall acknowledge in writing any
11 debit made to his inmate account for a medical services fee.
12 (g) Deposits.--Medical services fees collected under this
13 chapter shall be deposited in the General Fund.
14 § 3304. Powers and duties of department.
15 The department shall implement the program by:
16 (1) Issuing regulations as required under section 3303
17 (relating to Medical Services Program).
18 (2) Providing department staff and medical services
19 providers with training relating to the program.
20 (3) Developing administrative forms for the
21 implementation of the program.
22 (4) Providing for administrative and accounting
23 procedures for the program and an annual audit of the
24 program.
25 (5) Providing written notice to all current inmates
26 regarding implementation of the program.
27 § 3305. Costs outstanding upon release.
28 (a) Right to seek recovery of costs.--The department may
29 seek to recover any amount owed for medical services fees by an
30 inmate upon release from prison through a civil action brought
20050S0506B0539 - 106 -
1 within one year of the inmate's release. The department shall
2 have the burden to prove the amount owed.
3 (b) Defense.--An inmate's inability to pay as determined by
4 the court shall be a defense to the payment of part or all of
5 the fees.
6 § 3306. Report to General Assembly.
7 The department shall submit to the chairmen and minority
8 chairmen of the Appropriations Committee and the Judiciary
9 Committee of the Senate and the chairmen and minority chairmen
10 of the Appropriations Committee and the Judiciary Committee of
11 the House of Representatives an annual report on the program.
12 The report shall provide information on the fees charged and the
13 fees collected under the program and shall include a summary of
14 the annual audit of the program as required under section 3304
15 (relating to powers and duties of department). The report may
16 recommend legislative changes for the program and propose model
17 legislation for counties which may wish to develop similar
18 programs.
19 § 3307. Applicability.
20 The department shall collect fees for medical services
21 provided to an inmate after the effective date of the program
22 regulations as published in the Pennsylvania Bulletin.
23 CHAPTER 35
24 VISITATION
25 Subchapter
26 A. General Provisions
27 B. Official Visitation
28 SUBCHAPTER A
29 GENERAL PROVISIONS
30 Sec.
20050S0506B0539 - 107 -
1 3501. Gubernatorial visitor for philanthropic purposes.
2 3502. Official visitors.
3 3503. Rights of official visitors.
4 § 3501. Gubernatorial visitor for philanthropic purposes.
5 The Governor may appoint a person to visit, for philanthropic
6 purposes, correctional institutions. No expense shall be
7 incurred to the Commonwealth for the implementation of this
8 section.
9 § 3502. Official visitors.
10 (a) General rule.--Subject to the provisions of subsection
11 (b), the active or visiting committee of any society
12 incorporated for the purpose of visiting and instructing inmates
13 are hereby made official visitors of any correctional
14 institution, with the same powers, privileges and functions as
15 are vested in the official visitors of correctional institutions
16 as now prescribed by law.
17 (b) Notice required.--No active or visiting committee as
18 identified in subsection (a) may visit a correctional
19 institution under this section unless notice of the names of the
20 members of the committee and the terms of their appointment are
21 given by the society, in writing, under its corporate seal, to
22 the chief administrator of the correctional institution.
23 § 3503. Rights of official visitors.
24 (a) Visiting hours.--A person designated by law to be an
25 official visitor of a correctional institution may enter and
26 visit any correctional institution on any and every day,
27 including Sundays, between the hours of 9 a.m. and 5 p.m. and at
28 such other times with the special permission of the chief
29 administrator.
30 (b) Confirmation of role.--All powers, functions and
20050S0506B0539 - 108 -
1 privileges granted to official visitors of correctional
2 institutions under prior law are hereby confirmed. No official
3 visitor shall have the right or power to give or deliver to an
4 inmate during such visit any chattel or object whatsoever,
5 except objects and articles of religious or moral instruction or
6 use.
7 (c) Effect of violation.--
8 (1) If an official visitor violates any provision of
9 this section, a chief administrator may apply to the court of
10 common pleas in the county wherein the correctional
11 institution is situated, for a rule upon the official visitor
12 to show cause why he should not be deprived of his office.
13 (2) Upon proof to the satisfaction of the court, the
14 court shall enter a decree against the official visitor
15 depriving him of all rights, privileges and functions of an
16 official visitor.
17 SUBCHAPTER B
18 OFFICIAL VISITATION
19 Sec.
20 3511. Short title of subchapter.
21 3512. Definitions.
22 3513. Visitation.
23 3514. Employees of official visitor.
24 § 3511. Short title of subchapter.
25 This subchapter shall be known and may be cited as the
26 Official Visitation of Inmates Act.
27 § 3512. Definitions.
28 The following words and phrases when used in this subchapter
29 shall have the meanings given to them in this section unless the
30 context clearly indicates otherwise:
20050S0506B0539 - 109 -
1 "Official visitor." The Governor, Lieutenant Governor,
2 President pro tempore and members of the Senate, Speaker and
3 members of the House of Representatives, justices and judges of
4 the courts of record, General Counsel, Attorney General and his
5 deputies and authorized members of the Pennsylvania Prison
6 Society who have been designated as official visitors, whose
7 names shall be given to a chief administrator, in writing,
8 together with the terms of their appointment under its corporate
9 seal.
10 § 3513. Visitation.
11 (a) Time.--An official visitor may enter and visit any
12 correctional institution on any and every day, including
13 Sundays, between the hours of 9 a.m. and 5 p.m. Visits at any
14 other time shall be made only with the special permission of the
15 chief administrator.
16 (b) Denial of entry.--
17 (1) If a chief administrator of a State correctional
18 institution is of the opinion that the visit would be
19 dangerous to the discipline or welfare of the correctional
20 institution or the safety of the visitor, the chief
21 administrator may temporarily deny entry to any official
22 visitor if the secretary has previously declared that an
23 emergency situation exists within the correctional
24 institution.
25 (2) If a temporary exclusion under paragraph (1) exceeds
26 72 hours, the official visitor may apply to the Commonwealth
27 Court for a ruling upon the secretary to show cause why the
28 official visitor should not be permitted entry into the State
29 correctional institution.
30 (c) Temporary denial of visitation for county correctional
20050S0506B0539 - 110 -
1 institutions.--
2 (1) If the chief administrator of a county correctional
3 institution has previously determined that an emergency
4 exists at the county correctional institution, the chief
5 administrator may, with the approval of the president judge
6 of the court of common pleas of the county where the county
7 correctional institution is located, temporarily deny entry
8 to an official visitor.
9 (2) If a temporary exclusion under paragraph (1) exceeds
10 72 hours, the official visitor may apply to the Commonwealth
11 Court for a ruling upon the president judge to show cause why
12 the official visitor should not be permitted entry into the
13 county correctional institution.
14 (d) Interviews.--
15 (1) An official visitor may interview privately any
16 inmate confined in any correctional institution and for that
17 purpose may enter the cell, room or apartment wherein any
18 inmates are confined.
19 (2) If the chief administrator at the time of the visit
20 is of the opinion that entry into a cell would be dangerous
21 to the discipline of the correctional institution, then the
22 chief administrator may conduct any inmates with whom the
23 official visitor may desire a private interview into another
24 cell or room as the chief administrator may designate and
25 there permit the private interview between the official
26 visitor and the inmate to take place.
27 (e) Official visitors and employees not exempt from
28 prosecution.--Official visitors and their employees shall not be
29 exempt from prosecution for any criminal offense, including, but
30 not limited to, a violation of 18 Pa.C.S. §§ 5121 (relating to
20050S0506B0539 - 111 -
1 escape), 5122 (relating to weapons or implements for escape) and
2 5123 (relating to contraband).
3 (f) Decree of court.--
4 (1) If an official visitor violates any provision of
5 this section, any chief administrator of a correctional
6 institution may apply to the appropriate court for a ruling
7 upon the official visitor to show cause why the official
8 visitor should not be deprived of his official visitation
9 status.
10 (2) Upon proof to the satisfaction of the court, the
11 court shall enter a decree against the official visitor
12 depriving him of all rights, privileges and functions of an
13 official visitor.
14 § 3514. Employees of official visitor.
15 One employee of an official visitor may accompany the
16 official visitor when visiting any correctional institution and
17 may be present during an interview conducted by the official
18 visitor.
19 CHAPTER 37
20 MOTIVATIONAL BOOT CAMP
21 Sec.
22 3701. Short title of chapter.
23 3702. Declaration of policy.
24 3703. Definitions.
25 3704. Selection of inmate participants.
26 3705. Motivational boot camp program.
27 3706. Procedure for selection of participant in motivational
28 boot camp program.
29 3707. Completion of motivational boot camp program.
30 3708. Appeals.
20050S0506B0539 - 112 -
1 § 3701. Short title of chapter.
2 This chapter shall be known and may be cited as the
3 Motivational Boot Camp Act.
4 § 3702. Declaration of policy.
5 The General Assembly finds and declares as follows:
6 (1) The Commonwealth recognizes the severe problem of
7 overcrowding in correctional institutions and understands
8 that overcrowding is a causative factor contributing to
9 insurrection and prison rioting.
10 (2) The Commonwealth also recognizes that the frequency
11 of convictions responsible for the dramatic expansion of the
12 population in correctional institutions is attributable in
13 part to the increased use of drugs and alcohol.
14 (3) The Commonwealth, in wishing to salvage the
15 contributions and dedicated work which its displaced citizens
16 may someday offer, is seeking to explore alternative methods
17 of incarceration which might serve as the catalyst for
18 reducing criminal behavior.
19 § 3703. Definitions.
20 The following words and phrases when used in this chapter
21 shall have the meanings given to them in this section unless the
22 context clearly indicates otherwise:
23 "Commission." The Pennsylvania Commission on Sentencing.
24 "Eligible inmate." A person sentenced to a term of
25 confinement under the jurisdiction of the Department of
26 Corrections who is serving a term of confinement, the minimum of
27 which is not more than two years and the maximum of which is
28 five years or less or an inmate who is serving a term of
29 confinement the minimum of which is not more than three years
30 where that inmate is within two years of completing his minimum
20050S0506B0539 - 113 -
1 term, and who has not reached 35 years of age at the time he is
2 approved for participation in the motivational boot camp
3 program. The term shall not include any inmate who is subject to
4 a sentence the calculation of which included an enhancement for
5 the use of a deadly weapon as defined pursuant to the sentencing
6 guidelines promulgated by the Pennsylvania Commission on
7 Sentencing or any inmate serving a sentence for any violation of
8 one or more of the following provisions:
9 18 Pa.C.S. § 2502 (relating to murder).
10 18 Pa.C.S. § 2503 (relating to voluntary manslaughter).
11 18 Pa.C.S. § 2506 (relating to drug delivery resulting in
12 death).
13 18 Pa.C.S. § 2901 (relating to kidnapping).
14 18 Pa.C.S. § 3121 (relating to rape).
15 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual
16 intercourse).
17 18 Pa.C.S. § 3124.1 (relating to sexual assault).
18 18 Pa.C.S. § 3125 (relating to aggravated indecent
19 assault).
20 18 Pa.C.S. § 3301(a)(1)(i) (relating to arson and related
21 offenses).
22 18 Pa.C.S. § 3502 (relating to burglary) in the case of
23 burglary of a structure adapted for overnight accommodation
24 in which at the time of the offense any person is present.
25 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to
26 robbery).
27 18 Pa.C.S. § 3702 (relating to robbery of motor vehicle).
28 18 Pa.C.S. § 7508 (a)(1)(iii), (2)(iii), (3)(iii) or
29 (4)(iii) (relating to drug trafficking sentencing and
30 penalties).
20050S0506B0539 - 114 -
1 "Motivational boot camp." A program in which eligible
2 inmates participate for a period of six months in a humane
3 program for motivational boot camp programs which shall provide
4 for rigorous physical activity, intensive regimentation and
5 discipline, work on public projects, substance abuse treatment
6 services licensed by the Department of Health, continuing
7 education, vocational training, prerelease counseling and
8 community corrections aftercare.
9 § 3704. Selection of inmate participants.
10 (a) Duties of commission.--Through the use of sentencing
11 guidelines, the commission shall employ the definition of
12 "eligible inmate" as provided in this chapter to further
13 identify inmates who would be appropriate for participation in a
14 motivational boot camp.
15 (b) Duties of sentencing judge.--The sentencing judge shall
16 employ the sentencing guidelines to identify those defendants
17 who are eligible for participation in a motivational boot camp.
18 The judge shall have the discretion to exclude a defendant from
19 eligibility if the judge determines that the defendant would be
20 inappropriate for placement in a motivational boot camp. The
21 judge shall note on the sentencing order whether the defendant
22 has been identified as eligible for a motivational boot camp
23 program.
24 (c) Duties of department.--The secretary shall promulgate
25 rules and regulations providing for inmate selection criteria
26 and the establishment of motivational boot camp selection
27 committees within each diagnostic and classification center of
28 the department.
29 § 3705. Motivational boot camp program.
30 (a) Establishment.--There is hereby established in the
20050S0506B0539 - 115 -
1 department a motivational boot camp program.
2 (b) Program objectives.--The objectives of the program are:
3 (1) To protect the health and safety of the Commonwealth
4 by providing a program which will reduce recidivism and
5 promote characteristics of good citizenship among eligible
6 inmates.
7 (2) To divert inmates who ordinarily would be sentenced
8 to traditional forms of confinement under the custody of the
9 department to motivational boot camps.
10 (3) To provide discipline and structure to the lives of
11 eligible inmates and to promote these qualities in the
12 postrelease behavior of eligible inmates.
13 (c) Rules and regulations.--
14 (1) The secretary shall promulgate rules and regulations
15 which shall include, but not be limited to, inmate
16 discipline, selection criteria, programming and supervision
17 and administration.
18 (2) The department shall provide four weeks of intensive
19 training for all staff prior to the start of their
20 involvement with the program.
21 (d) Approval.--Motivational boot camp programs may be
22 established only at correctional institutions classified by the
23 secretary as motivational boot camp institutions.
24 (e) Evaluation.--The department and the commission shall
25 monitor and evaluate the motivational boot camp programs to
26 ensure that the programmatic objectives are met. Both shall
27 present annual reports of the evaluations to the Judiciary
28 Committee of the Senate and the Judiciary Committee of the House
29 of Representatives no later than February 1 of each year.
30 § 3706. Procedure for selection of participant in motivational
20050S0506B0539 - 116 -
1 boot camp program.
2 (a) Application.--An eligible inmate may make an application
3 to the motivational boot camp selection committee for permission
4 to participate in the motivational boot camp program.
5 (b) Selection.--If the selection committee determines that
6 an inmate's participation in the program is consistent with the
7 safety of the community, the welfare of the applicant, the
8 programmatic objectives and the rules and regulations of the
9 department, the committee shall forward the application to the
10 secretary or his designee for approval or disapproval.
11 (c) Conditions.--Applicants may not participate in the
12 motivational boot camp program unless they agree to be bound by
13 all the terms and conditions thereof and indicate their
14 agreement by signing a memorandum of understanding.
15 (d) Qualifications to participate.--Satisfaction of the
16 qualifications set forth in this section to participate does not
17 mean that an inmate will automatically be permitted to
18 participate in the program.
19 (e) Expulsion from program.--
20 (1) An inmate's participation in the motivational boot
21 camp unit may be suspended or revoked for administrative or
22 disciplinary reasons.
23 (2) The department shall develop regulations consistent
24 with this subsection.
25 § 3707. Completion of motivational boot camp program.
26 Upon certification by the department of the inmate's
27 successful completion of the program, the Pennsylvania Board of
28 Probation and Parole shall immediately release the inmate on
29 parole, notwithstanding any minimum sentence imposed in the
30 case. The parolee will be subject to intensive supervision for a
20050S0506B0539 - 117 -
1 period of time determined by the board, after which the parolee
2 will be subject to the usual parole supervision. For all other
3 purposes, the parole of the inmate shall be as provided by
4 Chapter 63 (relating to probation and parole law).
5 § 3708. 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 39
9 EXECUTION PROCEDURE AND METHOD
10 Sec.
11 3901. Definitions.
12 3902. Issuance of warrant.
13 3903. Terms of confinement.
14 3904. Method of execution.
15 3905. Witnesses to execution.
16 3906. Certification of superintendent.
17 3907. Postmortem examination.
18 3908. Costs of execution and examination.
19 § 3901. Definitions.
20 The following words and phrases when used in this chapter
21 shall have the meanings given to them in this section unless the
22 context clearly indicates otherwise:
23 "Victim." The term shall have the same meaning given to it
24 in section 103 of the act of November 24, 1998 (P.L.882,
25 No.111), known as the Crime Victims Act.
26 "Victim advocate." The victim advocate within the
27 Pennsylvania Board of Probation and Parole.
28 § 3902. Issuance of warrant.
29 (a) Time.--
30 (1) After the receipt of the record pursuant to 42
20050S0506B0539 - 118 -
1 Pa.C.S. § 9711(i) (relating to sentencing procedure for
2 murder of the first degree), unless a pardon or commutation
3 has been issued, the Governor shall, within 90 days, issue a
4 warrant specifying a day for execution which shall be no
5 later than 60 days after the date the warrant is signed.
6 (2) If because of a reprieve or a judicial stay of the
7 execution the date of execution passes without imposition of
8 the death penalty, unless a pardon or commutation has been
9 issued, the Governor shall, within 30 days after receiving
10 notice of the termination of the reprieve or the judicial
11 stay, reissue a warrant specifying a day for execution which
12 shall be no later than 60 days after the date of reissuance
13 of the warrant.
14 (b) Secretary.--The warrant shall be directed to the
15 secretary commanding that the subject of the warrant be executed
16 on the day named in the warrant and in the manner prescribed by
17 law.
18 (c) Failure to timely comply.--If the Governor fails to
19 timely comply with the provisions of this section and a pardon
20 or commutation has not been issued, the secretary shall, within
21 30 days following the Governor's failure to comply, schedule and
22 carry out the execution no later than 60 days from the date by
23 which the Governor was required to sign the warrant under
24 subsection (a).
25 § 3903. Terms of confinement.
26 Upon receipt of the warrant, the secretary shall, until
27 infliction of the death penalty or until lawful discharge from
28 custody, keep the inmate in solitary confinement. During the
29 confinement, no person shall be allowed access to the inmate
30 without an order of the sentencing court, except the following:
20050S0506B0539 - 119 -
1 (1) The staff of the department.
2 (2) The inmate's counsel of record or other attorney
3 requested by the inmate.
4 (3) A spiritual adviser selected by the inmate or the
5 members of the immediate family of the inmate.
6 § 3904. Method of execution.
7 (a) Injection.--
8 (1) The death penalty shall be inflicted by injecting
9 the convict with a continuous intravenous administration of a
10 lethal quantity of an ultrashort-acting barbiturate in
11 combination with chemical paralytic agents approved by the
12 department until death is pronounced by the coroner. The
13 coroner shall issue the death certificate.
14 (2) The execution shall be supervised by the
15 superintendent or his designee of the State correctional
16 institution designated by the department for the execution.
17 (b) Injection agents.--Notwithstanding section 13 of the act
18 of April 14, 1972 (P.L.233, No.64), known as The Controlled
19 Substance, Drug, Device and Cosmetic Act, the secretary or his
20 designee may obtain the injection agents directly from a
21 pharmacist or manufacturer.
22 § 3905. Witnesses to execution.
23 (a) List of witnesses.--No person except the following shall
24 witness any execution under the provisions of this chapter:
25 (1) The superintendent or his designee of the State
26 correctional institution where the execution takes place.
27 (2) Six reputable adult citizens selected by the
28 secretary.
29 (3) One spiritual adviser, when requested and selected
30 by the inmate.
20050S0506B0539 - 120 -
1 (4) Not more than six duly accredited representatives of
2 the news media.
3 (5) Such staff of the department as may be selected by
4 the secretary.
5 (6) Not more than four victims registered with and
6 selected by the victim advocate.
7 (b) Witnesses.--The secretary may refuse participation by a
8 witness for safety or security reasons. The department shall
9 make reasonable efforts to provide victims a viewing area
10 separate and apart from the area to which other witnesses are
11 admitted.
12 (c) Confidentiality.--The identity of department employees,
13 department contractors or victims who participate in the
14 administration of an execution pursuant to this section shall be
15 confidential.
16 § 3906. Certification of superintendent.
17 After the execution, the chief administrator shall certify in
18 writing, under oath or affirmation, to the court of the county
19 where the inmate was sentenced to death that the inmate was duly
20 executed in accordance with this chapter. The certificate shall
21 be filed in the office of the clerk of such court.
22 § 3907. Postmortem examination.
23 (a) General rule.--immediately after execution, a postmortem
24 examination of the body of the inmate shall be made at the
25 discretion of the coroner of the county in which the execution
26 is performed. The coroner shall report the nature of any
27 examination made. This report shall be annexed to and filed with
28 the certificate required under section 3906 (relating to
29 certification of superintendent).
30 (b) Disposition of body.--After the postmortem examination,
20050S0506B0539 - 121 -
1 unless claimed by a relative or relatives, the department shall
2 be responsible for disposition of the body.
3 § 3908. Costs of execution and examination.
4 The actual and necessary costs of the execution and the
5 postmortem examination shall be paid by the department.
6 CHAPTER 59
7 MISCELLANEOUS PROVISIONS
8 Sec.
9 5901. Physical welfare of inmates.
10 5902. Contraband prohibited.
11 5903. Temporary release from county correctional institution.
12 5904. Inmate uniforms.
13 5905. Assessment and collection of costs.
14 § 5901. Physical welfare of inmates.
15 (a) Physical exercise.--
16 (1) A chief administrator who may or shall have in
17 charge any inmate, whether the inmate has been tried or not,
18 shall provide the inmate with at least two hours of daily
19 physical exercise in the open, weather permitting, and upon
20 such days on which the weather is inclement, with two hours
21 of daily physical exercise inside of the correctional
22 institution.
23 (2) The physical exercise must be safe and practical,
24 and the judges of several courts are to be the judges
25 thereof.
26 (3) Inmates in segregation or disciplinary status shall
27 receive a minimum of at least one hour of daily exercise five
28 days per week.
29 (b) Limitation.--The physical exercise required by
30 subsection (a) shall not be taken by an inmate within the
20050S0506B0539 - 122 -
1 confines of his cell or room in which the inmate is confined.
2 (c) Applicability.--This section shall not apply to inmates
3 who are confined and not physically able to take the required
4 physical exercise.
5 § 5902. Contraband prohibited.
6 (a) Alcohol and drugs.--No spirituous or fermented liquors,
7 drug, medicine, poison, opium, morphine or any other kind or
8 character of narcotics shall, on any pretense whatever:
9 (1) be sold or given away in a correctional institution
10 or in any building appurtenant thereto, or on the land
11 granted to or owned or leased by the Commonwealth for the use
12 and benefit of inmates; or
13 (2) be brought into a correctional institution or any
14 building appurtenant thereto, or on to the land granted to or
15 owned or leased by the Commonwealth for the use of and
16 benefit of inmates without a written permit signed by the
17 physician of the correctional institution, specifying the
18 quantity and quality of the liquor or narcotic which may be
19 furnished to the inmate or employee in the prison and the
20 name of the inmate or employee for whom and the time when the
21 liquor or narcotic may be furnished, except the ordinary
22 hospital supply of the prisons.
23 (b) Permit.--The permit shall be delivered to and kept by
24 the chief administrator.
25 (c) No secured storage.--No spirituous or fermented liquor,
26 drug, medicine, poison, opium, morphine or any other kind or
27 character of narcotic shall be sold, given away or furnished,
28 either directly or indirectly, to an inmate, either in or
29 anywhere outside of the correctional institution, or be disposed
30 of in such manner or in such a place that it may be secured by
20050S0506B0539 - 123 -
1 an inmate or employee of the prison.
2 (d) Tobacco.--Tobacco may be supplied and used, subject to
3 such regulations as may be adopted by the chief administrator.
4 (e) Weapons.--No weapon or other implement which may be used
5 to injure an inmate or person or in assisting an inmate to
6 escape from imprisonment shall:
7 (1) be sold, given away or furnished to an inmate in any
8 correctional institution or any building appurtenant thereto,
9 or on the land granted to or owned or leased by the
10 Commonwealth for the use and benefit of inmates;
11 (2) be brought into any correctional institution or any
12 building appurtenant thereto, or on to the land granted to or
13 owned or leased by the Commonwealth for the use and benefit
14 of inmates; or
15 (3) be sold, given away or furnished, either directly or
16 indirectly, to an inmate, either in or anywhere outside of
17 the correctional institution, or be disposed of in such a
18 manner or in such a place that it may be secured by an inmate
19 in the correctional institution.
20 (f) Searches.--A chief administrator may search or cause to
21 have searched any person coming to the correctional institution
22 as a visitor, or in any other capacity, who is suspected of
23 having upon his person:
24 (1) any weapon or other implement which may be used to
25 injure an inmate or any other person or in assisting an
26 inmate to escape from imprisonment; or
27 (2) any spirituous or fermented liquor, drug, medicine,
28 poison, opium, morphine or any other kind or character of
29 narcotics.
30 (g) Penalty.--A person who violates any of the provisions of
20050S0506B0539 - 124 -
1 this section commits a felony and shall, upon conviction, be
2 sentenced to pay a fine of not more than $1,000 or to
3 imprisonment for not more than five years, or both.
4 § 5903. Temporary release from county correctional institution.
5 (a) Conditions permitting release.--
6 (1) Whenever a person has been sentenced to undergo
7 imprisonment in a county correctional institution for a term
8 of less than five years, the court, at the time of sentence
9 or at any time thereafter upon application made therefor, may
10 by order direct the sheriff or chief administrator of a
11 county correctional institution to permit the inmate to leave
12 the jail during necessary and reasonable hours for the
13 purpose of:
14 (i) working at his employment;
15 (ii) conducting his own business or other self-
16 employed occupation, including housekeeping and attending
17 to the needs of family;
18 (iii) seeking employment;
19 (iv) attendance at an educational institution;
20 (v) securing medical treatment; or
21 (vi) such other lawful purposes as the court shall
22 consider necessary and appropriate.
23 (2) The order of court may be rescinded or modified at
24 any time with or without notice to the inmate.
25 (b) Surrender of wages.--When an inmate is employed for
26 wages or salary, the chief administrator shall collect the wages
27 or salary or require the inmate to turn over his wages or salary
28 in full when received, and the chief administrator shall deposit
29 the same in a trust checking account and keep a ledger showing
30 the status of the account of each inmate.
20050S0506B0539 - 125 -
1 (c) Liability for board cost.--
2 (1) An inmate gainfully employed shall be liable for the
3 cost of his board in the county correctional institution as
4 fixed by the county commissioners. If necessarily absent from
5 jail at a meal time, the inmate shall, at his request, be
6 furnished with an adequate nourishing lunch to carry to work.
7 (2) The chief administrator shall charge the inmate's
8 account if the inmate has one for such board.
9 (3) If the inmate is gainfully self-employed, the inmate
10 shall pay for such board in default of which his privilege
11 under this section shall be automatically forfeited.
12 (4) If the food in the county correctional institution
13 is furnished directly by the county, the chief administrator
14 shall account for and pay over such board payments to the
15 county treasurer.
16 (d) Disbursements from inmate accounts.--By order of the
17 court, the wages or salaries of employed inmates shall be
18 disbursed for the following purposes in the order stated:
19 (1) The board of the inmate.
20 (2) Necessary travel expense to and from work and other
21 incidental expenses of the inmate.
22 (3) Support of the inmate's dependents, if any, the
23 amount to be determined by the court.
24 (4) Payment of docket costs connected with the
25 commitment of the inmate.
26 (5) Payment either in full or ratably of the inmate's
27 obligations acknowledged by him in writing or which have been
28 reduced to judgment.
29 (6) The balance, if any, to the inmate upon discharge.
30 (e) Intercounty custody.--The court may by order authorize
20050S0506B0539 - 126 -
1 the chief administrator to whom an inmate is committed to
2 arrange with another chief administrator for the employment of
3 the prisoner in the other's county and while so employed to be
4 in the other's custody but in other respects to be and continue
5 subject to the commitment.
6 (f) Refusal of privilege.--A chief administrator may refuse
7 to permit an inmate to exercise the privilege to temporary leave
8 the correctional institution for a period not to exceed five
9 days for any breach of discipline or other violation of jail
10 regulations.
11 (g) Weekend or short period inmates.--The county prison
12 board, or where applicable the county commissioners, may, by
13 resolution which shall establish rates and qualifications,
14 authorize the chief administrator to collect a reasonable amount
15 from inmates incarcerated only on weekends or other short
16 periods each week.
17 § 5904. Inmate uniforms.
18 While incarcerated, an inmate of a State correctional
19 institution shall wear identifiable prison uniforms and shall
20 not wear civilian clothing.
21 § 5905. Assessment and collection of costs.
22 (a) Power of department.--When the department determines
23 that there has been a financial loss or cost as a result of a
24 violation of a written rule governing inmate behavior,
25 including, but not limited to, property loss or damage or use of
26 a controlled substance, the department may require the inmate to
27 pay to the department, or to the person whose property has been
28 lost or damaged, the value of the property or the costs incurred
29 in the investigation and administrative review of the behavior.
30 (b) Procedures.--The department shall develop written
20050S0506B0539 - 127 -
1 procedures relating to the determination, assessment and
2 collection of the costs of losses due to inmate misconduct. When
3 the procedures have been adopted by the department, the
4 provisions of 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and
5 procedure of Commonwealth agencies) shall not apply to
6 proceedings conducted by the department under this section.
7 (c) Deduction from inmate's institutional account.--
8 (1) The department may deduct from an inmate's
9 institutional account the amount of any judgment, court-
10 ordered costs or assessments against the inmate under
11 subsection (a).
12 (2) Notice of the deduction shall be provided to the
13 inmate by certified mail or personal notice.
14 PART IV
15 PROBATION AND PAROLE
16 Chapter
17 61. General Provisions
18 63. Pennsylvania Board of Probation and Parole
19 65. County Probation and Parole Officers' Firearm Education
20 and Training
21 CHAPTER 61
22 GENERAL PROVISIONS
23 Subchapter
24 A. Preliminary Provisions
25 B. Inmate Prerelease Plans
26 SUBCHAPTER A
27 PRELIMINARY PROVISIONS
28 Sec.
29 6101. Inability to procure sponsor.
30 6102. Application for release when minimum sentence exceeds
20050S0506B0539 - 128 -
1 one-half maximum.
2 § 6101. Inability to procure sponsor.
3 No inmate who has been sentenced to a minimum and maximum
4 imprisonment, after the inmate has served the minimum sentence,
5 may be detained in a correctional institution because of the
6 inability of the inmate to procure a sponsor who shall be
7 satisfactory to the board of inspectors or trustees of the
8 correctional institution. In any case in which the inmate is
9 unable to secure a satisfactory sponsor, the inspectors or
10 trustees of the correctional institution may procure a sponsor
11 for the inmate or may require reports from the paroled inmate in
12 lieu of a sponsor, as the board of inspectors or trustees may
13 deem proper.
14 § 6102. Application for release when minimum sentence exceeds
15 one-half maximum.
16 An inmate who serves a sentence in a State correctional
17 institution, the minimum of which sentence exceeds one-half the
18 maximum sentence, shall be eligible to apply for release on
19 parole when the inmate has served or will have served one-half
20 of the maximum sentence.
21 SUBCHAPTER B
22 INMATE PRERELEASE PLANS
23 Sec.
24 6111. Establishment of prerelease centers.
25 6112. Release plan for inmates.
26 6113. Rules and regulations.
27 6114. Salaries and wages of inmates.
28 § 6111. Establishment of prerelease centers.
29 The department shall establish, with the approval of the
30 Governor, prisoner prerelease centers at such locations
20050S0506B0539 - 129 -
1 throughout this Commonwealth as it deems necessary to carry out
2 effective prisoner prerelease programs.
3 § 6112. Release plan for inmates.
4 (a) Transfer authorization.--The secretary may transfer an
5 inmate incarcerated in any prerelease center or in any
6 prerelease center located in any State correctional institution
7 who has not been sentenced to death or life imprisonment to any
8 prerelease center under the supervision of the Office of General
9 Counsel.
10 (b) Temporary release.--An inmate transferred to and
11 confined in a prerelease center may be released temporarily with
12 or without direct supervision at the discretion of the
13 department, in accordance with rules and regulations as provided
14 in section 6113 (relating to rules and regulations), for the
15 purposes of gainful employment, vocational or technical
16 training, academic education and such other lawful purposes as
17 the department shall consider necessary and appropriate for the
18 furtherance of the inmate's individual prerelease program
19 subject to compliance with subsection (c).
20 (c) Conditions for release of certain inmates.--
21 (1) An inmate who has not served his minimum sentence
22 may not be transferred to a prerelease center unless:
23 (i) more than 20 days have elapsed after written
24 notice of the proposed transfer, describing the inmate's
25 individual prerelease program, has been received by the
26 sentencing judge or, in the event the sentencing judge is
27 unavailable, the sentencing court and the prosecuting
28 district attorney's office and no written objection by
29 the judge containing the reason therefor has been
30 received by the department;
20050S0506B0539 - 130 -
1 (ii) the judge withdraws his objection after
2 consultation with representatives of the department; or
3 (iii) approval of the proposed transfer is given by
4 the Board of Pardons.
5 (2) In the event of a timely objection by the judge,
6 representatives of the department shall meet with the judge
7 and attempt to resolve the disagreement.
8 (3) If, within 20 days of the department's receipt of
9 the objection:
10 (i) the judge does not withdraw his objection;
11 (ii) the department does not withdraw its proposal
12 for transfer; or
13 (iii) the judge and the department do not agree on
14 an alternate proposal for transfer, the matter shall be
15 listed for hearing at the next session of the Board of
16 Pardons to be held in the hearing district in which the
17 judge is located.
18 (4) During the hearing before the Board of Pardons,
19 representatives of the judge, the department, the district
20 attorney of the county where the inmate was prosecuted and
21 any victim involved shall have the opportunity to be heard.
22 (d) Notice of release.--
23 (1) An inmate who has served his minimum sentence may be
24 released by the department only after notice to the judge
25 that the privilege is being granted.
26 (2) Notice of the release of an inmate shall be given to
27 the Pennsylvania State Police, the probation officer and the
28 sheriff or chief of police of the county, and the chief of
29 police of the municipality or township of the locality to
30 which the inmate is assigned or of the inmate's authorized
20050S0506B0539 - 131 -
1 destination.
2 § 6113. Rules and regulations.
3 The department shall establish rules and regulations for
4 granting and administering release plans and shall determine
5 those inmates who may participate in any plan. If an inmate
6 violates the rules or regulations prescribed by the department,
7 the inmate's release privileges may be withdrawn. Failure of an
8 inmate to report to or return from the assigned place of
9 employment, training, education or other authorized destination
10 shall be deemed an offense under 18 Pa.C.S. § 5121 (relating to
11 escape).
12 § 6114. Salaries and wages of inmates.
13 (a) General rule.--The salaries or wages of inmates
14 gainfully employed under a plan established under this section
15 shall be collected by the department or its designated agents or
16 employees. The wages shall not be subject to garnishment or
17 attachment for any purpose either in the hands of the employer
18 or the department during the inmate's term of imprisonment and
19 shall be disbursed only as provided in this section, but for tax
20 purposes they shall be income of the inmate.
21 (b) Use of salaries or wages.--The salaries or wages of an
22 inmate participating in a plan established under this section
23 shall be disbursed by the department in the following order:
24 (1) The board of the inmate, including food and
25 clothing.
26 (2) Necessary travel expense to and from work and other
27 incidental expenses of the inmate.
28 (3) Support of the inmate's dependents, if any.
29 (4) Payment, either in full or ratably, of the inmate's
30 obligations acknowledged by him in writing or which have been
20050S0506B0539 - 132 -
1 reduced to judgment.
2 (5) The balance, if any, to the inmate upon his
3 discharge.
4 CHAPTER 63
5 PENNSYLVANIA BOARD OF PROBATION AND PAROLE
6 Subchapter
7 A. Preliminary Provisions
8 B. Administration
9 C. Powers and Duties
10 D. State Parole Officers
11 E. County Probation Officers
12 F. Miscellaneous Provisions
13 SUBCHAPTER A
14 PRELIMINARY PROVISIONS
15 Sec.
16 6301. Short title of chapter.
17 6302. Definitions.
18 6303. Operation of parole system generally.
19 § 6301. Short title of chapter.
20 This chapter shall be known and may be cited as the Probation
21 and Parole Law.
22 § 6302. Definitions.
23 The following words and phrases when used in this chapter
24 shall have the meanings given to them in this section unless the
25 context clearly indicates otherwise:
26 "Board." The Pennsylvania Board of Probation and Parole.
27 § 6303. Operation of parole system generally.
28 The parole system shall operate consistent with following
29 provisions:
30 (1) The parole system provides several benefits to the
20050S0506B0539 - 133 -
1 criminal justice system, including the provision of adequate
2 supervision of the offender while protecting the public, the
3 opportunity for the offender to become a useful member of
4 society and the diversion of appropriate offenders from
5 prison.
6 (2) In providing these benefits to the criminal justice
7 system, the board shall first and foremost seek to protect
8 the safety of the public.
9 (3) In addition to this goal, the board shall address
10 input by crime victims and assist in the fair administration
11 of justice by ensuring the custody, control and treatment of
12 paroled offenders.
13 SUBCHAPTER B
14 ADMINISTRATION
15 Sec.
16 6310. Pennsylvania Board of Probation and Parole.
17 6311. Board chairperson.
18 6312. Board action.
19 6313. Salaries of board members.
20 6314. Incompatible offices and removal.
21 6315. Meetings.
22 6316. Official seal.
23 6317. Offices.
24 6318. District supervisors.
25 6319. District office employees.
26 6320. Disciplinary action.
27 6321. Political activities.
28 6322. Advisory committee.
29 § 6310. Pennsylvania Board of Probation and Parole.
30 (a) Establishment.--The Pennsylvania Board of Probation and
20050S0506B0539 - 134 -
1 Parole is reestablished as an independent administrative board
2 for the administration of the probation and parole laws of this
3 Commonwealth.
4 (b) Membership.--The board shall consist of nine members who
5 shall be appointed by the Governor, by and with the advice and
6 consent of a majority of the members of the Senate, and each of
7 whom shall hold office for a term of six years or until that
8 person's successor shall have been duly appointed and qualified,
9 but in no event more than 90 days beyond the expiration of that
10 person's appointed term.
11 (c) Vacancies.--
12 (1) Vacancies occurring in an office of member of the
13 board by expiration of term, death, resignation, removal or
14 for any other reason shall be filled in the manner provided
15 by section 8 of Article IV of the Constitution of
16 Pennsylvania for the remainder of the term.
17 (2) Whenever a board member's term expires, that
18 member's position shall be immediately deemed a vacancy, and
19 the Governor shall nominate a person to fill that membership
20 position on the board within 90 days of the date of
21 expiration, even if the member continues to remain on the
22 board.
23 (d) Eligibility.--To be eligible to be appointed by the
24 Governor for membership on the board, an individual shall have
25 at least six years of professional experience in parole,
26 probation, social work or related areas, including one year in a
27 supervisory or administrative capacity, and a bachelor's degree.
28 Any equivalent combination of experience and training shall be
29 acceptable.
30 (e) General powers.--Subject to the provisions of this
20050S0506B0539 - 135 -
1 chapter, the board shall have all the powers and shall perform
2 the duties generally vested in and imposed upon independent
3 administrative boards and commissions by the act of April 9,
4 1929 (P.L.177, No.175), known as The Administrative Code of
5 1929, and shall be subject to all the provisions of that act
6 applicable generally to independent administrative boards and
7 commissions.
8 § 6311. Board chairperson.
9 (a) Designation by Governor.--The Governor shall from time
10 to time, as the occasion may arise, designate one of the members
11 of the board to be its chairperson who shall:
12 (1) Direct the operations of the board and fulfill the
13 functions established by this chapter.
14 (2) Secure the effective application of the probation
15 system in all of the courts of this Commonwealth and the
16 enforcement of the probation laws.
17 (3) Preside at all meetings of the board.
18 (4) Perform all the duties and functions of chairperson,
19 including organizing, staffing, controlling, directing and
20 administering the work of the staff.
21 (b) Alternate chairperson.--The board may designate one of
22 its members to act as alternate chairperson during the absence
23 or incapacity of the chairperson and, when so acting, the member
24 so designated shall have and perform all the powers and duties
25 of chairperson of the board, but shall not receive any
26 additional compensation for acting as chairperson.
27 (c) Subject to board policies and procedures.--The
28 chairperson and alternate chairperson, in performing the duties
29 of that office as they relate to parole, reparole and violation
30 and revocation proceedings, shall act in accordance with the
20050S0506B0539 - 136 -
1 policies and procedures established by the board.
2 § 6312. Board action.
3 (a) Quorum.--
4 (1) A majority of the board shall constitute a quorum
5 for transacting business and, except as otherwise provided in
6 this chapter, a majority vote of those present at any meeting
7 shall be sufficient for any official action taken by the
8 board.
9 (2) Except as provided in subsections (b), (c) and (d),
10 no person shall be paroled or discharged from parole or have
11 his parole revoked, except by a majority of the entire
12 membership of the board.
13 (b) Panel decisions.--The board may make decisions on
14 parole, reparole, return or revocation in panels of two persons.
15 A panel shall consist of one board member and one hearing
16 examiner or of two board members. Panels shall be appointed by
17 the chairperson or the chairperson's designee.
18 (c) Disagreement within panel.--
19 (1) If there is disagreement on a decision to parole
20 between the members of a panel, the matter shall be decided
21 by a board member appointed by the chairperson or the
22 chairperson's designee, who shall concur with one of the
23 original panel members.
24 (2) If there is disagreement on a revocation decision
25 between the members of the panel, the matter shall be decided
26 by three board members appointed by the chairperson or the
27 chairperson's designee; at least two of these members must
28 not have been on the disagreeing panel, if practicable.
29 (d) Appeal.--
30 (1) An interested party may appeal a revocation decision
20050S0506B0539 - 137 -
1 within 30 days of the board's order. The decision shall be
2 reviewed by three board members appointed by the chairperson
3 or the chairperson's designee.
4 (2) If practicable, at least two of the board members
5 reviewing the decision must not have been on the panel whose
6 decision is being appealed. The three board members deciding
7 the appeal may affirm, reverse or remand the decision of the
8 panel or may order the matter be heard de novo.
9 § 6313. Salaries of board members.
10 The Executive Board shall determine the salaries to be paid
11 to the members of the board.
12 § 6314. Incompatible offices and removal.
13 (a) General rule.--The members of the board shall not hold
14 any other public office or employment nor engage in any
15 business, profession or employment during their terms of service
16 as members thereof and shall hold their offices during the terms
17 for which they shall have been appointed.
18 (b) Procedure for removal.--
19 (1) A member of the board may be removed by the
20 Governor, by and with the advice and consent of two-thirds of
21 the members of the Senate.
22 (2) During a recess of the Senate, the Governor may
23 suspend a member of the board for cause, and before
24 suspension the Governor shall furnish to the member a
25 statement in writing of the reasons for the proposed
26 suspension of the member. The suspension shall operate and be
27 effective only until the adjournment of the next session of
28 the Senate following the suspension.
29 § 6315. Meetings.
30 (a) General rule.--As soon as may be convenient after their
20050S0506B0539 - 138 -
1 appointment, the members of the board shall meet and organize.
2 (b) Appointment of secretary.--The members of the board
3 shall appoint a secretary, who:
4 (1) Shall not be a member of the board.
5 (2) Shall hold office at the pleasure of the board.
6 (3) Shall have such powers and perform such duties not
7 inconsistent with any law of this Commonwealth as the board
8 shall prescribe.
9 (4) Shall receive such compensation as the board shall
10 determine in conformity with the rules of the Executive
11 Board.
12 (c) Temporary secretary.--In the absence or incapacity of
13 the secretary to act, the board may designate such other person
14 as it may choose to perform temporarily the duties of secretary.
15 § 6316. Official seal.
16 The board shall adopt an official seal by which its acts and
17 proceedings shall be authenticated and of which the courts shall
18 take judicial notice. The certificate of the chairperson of the
19 board, under the seal of the board and attested by the
20 secretary, shall be accepted in evidence in any judicial
21 proceeding in any court of this Commonwealth as adequate and
22 sufficient proof of the acts and proceedings of the board
23 referenced in the certificate.
24 § 6317. Offices.
25 (a) Principal office.--The principal office of the board
26 shall be in Harrisburg, and the board shall appoint and employ
27 such number and character of officers, agents, clerks,
28 stenographers and employees as may be necessary to carry out the
29 purposes of this chapter. The salaries of persons so appointed
30 and employed by the board shall be fixed by the board.
20050S0506B0539 - 139 -
1 (b) District offices.--The board, with the approval of the
2 Governor, shall divide the Commonwealth for administrative
3 purposes into a suitable number of districts, not to exceed ten,
4 in each of which shall be a district office which shall have
5 immediate charge of the supervision of cases of probation and
6 parole arising in the courts of the judicial districts embraced
7 within its territorial limits, but, as occasion may require, the
8 supervision of particular parolees may be transferred by the
9 board to other appropriate parole districts.
10 (c) Location of district offices.--
11 (1) The board shall fix and determine the location of
12 the various district offices within their respective
13 districts, having regard to local conditions in each district
14 and to the most convenient and efficient functioning of the
15 office established in each district.
16 (2) At each of the locations so fixed and determined,
17 the board shall provide such office accommodations,
18 furniture, equipment and supplies as may be reasonably
19 suitable and adequate for the proper handling and dispatch of
20 the parole business of the district.
21 (3) The board may enter into contracts on behalf of the
22 Commonwealth for such office accommodations, furniture,
23 equipment and supplies through the Department of General
24 Services.
25 (d) Consideration for fixing compensation.--In fixing
26 compensation for its officers, clerks and employees under the
27 provisions of this chapter, the board shall have regard to the
28 kind, grade or class of service to be rendered, and whenever any
29 standard compensation has been fixed by the Executive Board for
30 any kind, grade or class of service or employment, the
20050S0506B0539 - 140 -
1 compensation of all persons appointed or employed by the board
2 in the same kind, grade or class shall be fixed by it in
3 accordance with such standard.
4 § 6318. District supervisors.
5 (a) Establishment.--Each district parole office shall be in
6 charge of a district supervisor who:
7 (1) Shall be appointed by the board, with the approval
8 of the Governor.
9 (2) Shall receive such annual salary as the board shall
10 determine in conformity with the rules of the Executive
11 Board.
12 (b) Status and role.--The district supervisor shall be the
13 executive head of the district office to which the district
14 supervisor is appointed and shall have the control, management
15 and direction of all employees of the board assigned to the
16 district, subject to the supervision of the board.
17 § 6319. District office employees.
18 (a) Board to appoint.--The board shall appoint in the
19 various district offices a sufficient number of parole officers,
20 clerks, stenographers and other agents and employees to fully
21 and efficiently administer the parole laws of this Commonwealth,
22 but no employee of the board, other than its secretary and
23 district supervisors, shall be appointed by the board except in
24 the manner provided by this chapter.
25 (b) Salaries and qualifications.--The salaries of the
26 appointees in subsection (a) shall be fixed by the board. The
27 board shall from time to time by appropriate rule or regulation
28 prescribe the qualifications to be possessed by its personnel.
29 The qualifications shall be such as will best promote the
30 efficient operation of probation and parole.
20050S0506B0539 - 141 -
1 § 6320. Disciplinary action.
2 (a) General rule.--Except as otherwise provided in
3 subsection (b), an employee of the board, excluding the
4 secretary and district supervisors, may be removed, discharged
5 or reduced in pay or position only for cause and after being
6 given the reasons therefor in writing and afforded an
7 opportunity to be heard in answer thereto.
8 (b) Exception.--An employee may be suspended without pay and
9 without hearing for a period not exceeding 30 days, but the
10 reason or reasons for the suspension must be given to the
11 employee by the board in writing.
12 (c) Successive suspensions.--There shall not be any
13 successive suspensions of the same employee under this section.
14 § 6321. Political activities.
15 (a) General rule.--No member of the board, or officer, clerk
16 or employee thereof, or any person officially connected with the
17 board:
18 (1) Shall take any active part in politics or be a
19 member of or delegate or alternate to any political
20 convention or be present at such convention, except in the
21 performance of that person's official duties under this
22 chapter.
23 (2) Shall serve as a member of or attend the meetings of
24 any committee of any political party, or take any part in
25 political management or political campaigns, or use that
26 person's office to influence political movements, or to
27 influence the action of any other officer, clerk or employee
28 of the board.
29 (3) Shall in any way or manner interfere with or
30 participate in the conduct of any election or the preparation
20050S0506B0539 - 142 -
1 therefor at the polling place, or with the election officers
2 while counting the votes or returning the ballot boxes,
3 books, papers, election paraphernalia and machinery to the
4 place provided by law, or be within any polling place, except
5 for the purpose of voting as speedily as it reasonably can be
6 done or be otherwise within 50 feet or any polling place,
7 except for purposes of ordinary travel or residence during
8 the period of time beginning with one hour preceding the
9 opening of the polls for holding the election and ending with
10 the time when the election officers shall have finished
11 counting the votes and have left the polling place.
12 (4) Shall directly or indirectly make or give, demand or
13 solicit or be in any manner concerned in making, giving,
14 demanding, soliciting or receiving any assessments,
15 subscriptions or contributions, whether voluntary or
16 involuntary, to any political party or for any political
17 purpose whatsoever.
18 (b) Penalty.--Any person who violates any of the provisions
19 of this section:
20 (1) Commits a misdemeanor of the third degree, and, upon
21 conviction thereof, shall be punished by a fine not exceeding
22 $500 and imprisonment not exceeding one year, or both.
23 (2) Shall forfeit that person's office or employment, as
24 the case may be.
25 (3) Shall not thereafter be appointed or employed by the
26 board in any position or capacity whatsoever.
27 (c) Dismissal required.--The board shall dismiss any
28 officer, clerk or employee thereof who shall violate this
29 section from that person's office or employment.
30 § 6322. Advisory committee.
20050S0506B0539 - 143 -
1 (a) Establishment.--An advisory committee on probation is
2 reestablished to assist the board.
3 (b) Composition.--The advisory committee shall consist of
4 nine members, seven of whom shall be appointed by the Governor,
5 with the consent of a majority of the members of the Senate. At
6 least two shall be judges of courts of record of this
7 Commonwealth, at least one shall be a county commissioner, at
8 least one shall be a chief county probation officer, and the
9 remaining members shall be qualified in the field of probation
10 and parole either by training or experience. The President pro
11 tempore of the Senate and the Speaker of the House of
12 Representatives shall each appoint a member of their respective
13 houses to serve as members of the committee.
14 (c) Terms.--
15 (1) The term of a member hereafter appointed, except to
16 fill a vacancy, shall be for four years and until their
17 successors have been appointed and qualified, but in no event
18 more than 90 days beyond the expiration of their appointed
19 term.
20 (2) The terms of members of the committee who are
21 appointed by virtue of holding an office as a member of the
22 General Assembly, judge or county commissioner shall continue
23 only so long as that person remains in that office.
24 (3) Vacancies occurring in an office of a member of the
25 advisory committee by expiration of term, death, resignation,
26 removal or for any other reason shall be filled in the manner
27 provided by section 8 of Article IV of the Constitution of
28 Pennsylvania for the remainder of the term.
29 (4) Whenever the term of an advisory committee member,
30 other than one who is a member of the General Assembly,
20050S0506B0539 - 144 -
1 expires, that member's position shall be immediately deemed a
2 vacancy, and the Governor shall nominate a person to fill
3 that membership position on the committee within 90 days of
4 the date of expiration, even if the member continues to
5 remain on the committee. The Governor shall designate one of
6 the members of the committee as its chairperson.
7 (d) Reimbursement of expenses.--Each member of the advisory
8 committee shall be paid all reasonable and necessary travel and
9 other expenses incurred by him in the performance of his duties.
10 (e) Assistance to be provided.--The advisory committee shall
11 aid the chairperson and the board in formulating and reviewing
12 standards for probation personnel and probation services in the
13 counties.
14 SUBCHAPTER C
15 POWERS AND DUTIES
16 Sec.
17 6331. General powers of board.
18 6332. Specific powers of board involving parolees.
19 6333. Supervision of probationer.
20 6334. Sentencing court to transmit records to board.
21 6335. Investigation of circumstances of offense.
22 6336. Right of access to inmates.
23 6337. Parole power.
24 6338. Violation of terms of parole.
25 6339. Parole on motion by board.
26 6340. Victim statements, testimony and participation in
27 hearing.
28 6341. General rules and special regulations.
29 6342. Court-ordered probation in lieu of sentence.
30 6343. Parole without board supervision.
20050S0506B0539 - 145 -
1 6344. Judicial power to release inmates.
2 § 6331. General powers of board.
3 (a) General rule.--The board shall have the power and its
4 duty shall be:
5 (1) To supervise and make presentence investigations and
6 reports as provided by law.
7 (2) To collect and maintain copies of all presentence
8 investigations and reports.
9 (3) To collect and maintain a record of all persons who
10 are placed on probation and parole.
11 (4) To collect, compile and publish statistical and
12 other information relating to probation and parole work in
13 all courts and such other information the board may deem of
14 value in probation service.
15 (5) To establish, by regulation, uniform Statewide
16 standards for:
17 (i) Presentence investigations.
18 (ii) The supervision of probationers.
19 (iii) The qualifications for probation personnel.
20 (iv) Minimum salaries.
21 (v) Quality of probation service.
22 The standards for the qualifications of probation personnel
23 shall only apply to probation personnel appointed after the
24 date the standards are established. Should any probation
25 personnel appointed prior to the date the standards were
26 established fail to meet the standards, the court having
27 jurisdiction of such personnel may request the board to
28 establish in-service training for them in accordance with the
29 standards.
30 (6) To adopt regulations establishing specific
20050S0506B0539 - 146 -
1 composition, functions and responsibilities for citizens
2 advisory committees and to receive reports, recommendations
3 or other input concerning parole policies and parole-related
4 concerns from the committees on a regular basis.
5 (7) To adopt regulations establishing criteria for board
6 acceptance of cases for supervision and presentence
7 investigations from counties that on December 31, 1985,
8 maintained adult probation offices and parole systems.
9 (8) To enter into contracts for purchasing community
10 services to assist parolees and to supplement existing
11 programs.
12 (9) To pay the cost of preparole drug screening tests
13 for inmates within the parole release jurisdiction of the
14 board, who are confined in a State or local correctional
15 facility, as required under section 6337 (relating to parole
16 power).
17 (10) To enter into contracts which provide for the
18 continuous electronic monitoring of parolees.
19 (11) To establish and provide for intensive supervision
20 units and day reporting centers for the supervision of
21 parolees.
22 (b) Court-appointed probation officers to submit information
23 to board.--A court that appoints a probation officer shall
24 require the probation officer to submit to the board such
25 information as the board may require on forms prescribed and
26 furnished by the board.
27 (c) Access to county records.--The board shall have free and
28 ready access to all probation and parole records of any county.
29 § 6332. Specific powers of board involving parolees.
30 (a) General rule.--The board shall have exclusive power:
20050S0506B0539 - 147 -
1 (1) (i) To parole and reparole, commit and recommit for
2 violations of parole and to discharge from parole all
3 persons sentenced by any court at any time to
4 imprisonment in a correctional facility.
5 (ii) This paragraph applies to inmates sentenced to
6 definite or flat sentences.
7 (2) (i) To supervise any person placed on parole, when
8 sentenced to a maximum period of less than two years, by
9 any judge of a court having criminal jurisdiction, when
10 the court may by special order direct supervision by the
11 board, in which case the parole case shall be known as a
12 special case and the authority of the board with regard
13 thereto shall be the same as provided in this chapter
14 with regard to parole cases within one of the
15 classifications set forth in this chapter.
16 (ii) Except for such special cases, the powers and
17 duties conferred by this section shall not extend to
18 persons sentenced for a maximum period of less than two
19 years.
20 (b) Construction.--Nothing contained in this section shall
21 be construed to prevent a court from paroling any person
22 sentenced by it for a maximum period of less than two years.
23 (c) Definition.--As used in this section, "period of two
24 years" means the entire continuous term of sentence to which a
25 person is subject, whether for one or more sentences, either to
26 simple imprisonment or to an indeterminate imprisonment as
27 authorized by law to be imposed for criminal offenses.
28 § 6333. Supervision of probationer.
29 (a) General rule.--The board shall have exclusive power to
30 supervise any person placed on probation by any judge of a court
20050S0506B0539 - 148 -
1 having criminal jurisdiction, when the court by special order
2 directs supervision by the board.
3 (b) Presentence investigations.--The board shall make
4 presentence investigations when requested to do so by the court.
5 (c) Grant-in-aid.--
6 (1) A county that provides additional probation staff
7 for presentence investigations and improved probation
8 supervision and program shall receive a grant-in-aid from the
9 Commonwealth through the board for additional cost incurred
10 thereby but only to the extent that the additional staff and
11 program meet the qualifications and standards established by
12 the board.
13 (2) The grant-in-aid shall provide 80% of the personnel
14 salary costs incurred by a county to administer these
15 additional services and programs.
16 (3) If insufficient funds are appropriated, each county
17 shall receive a prorated reduction in the grant-in-aid.
18 (4) The board shall establish rules and regulations for
19 the allocation of funds available for such grants-in-aid.
20 (d) In-service training.--The board shall provide in-service
21 training for personnel of county probation offices when
22 requested to do so by the court having jurisdiction of the
23 probation office.
24 § 6334. Sentencing court to transmit records to board.
25 (a) Duty to transmit.--A court sentencing any person for a
26 term as to which power to parole is given to the board in this
27 chapter shall transmit to the board, within 30 days after the
28 imposition of the sentence:
29 (1) A copy of the notes of testimony of the sentencing
30 hearing that may have been filed of record in the case.
20050S0506B0539 - 149 -
1 (2) Copies of any criminal identification records
2 secured from the Federal Bureau of Investigation.
3 (3) Copies of presentence investigation reports and
4 behavior clinic reports, if any were submitted to the court,
5 the last two of which records, being confidential records of
6 the court, shall be treated confidentially by the members of
7 the board, who shall not permit examination of the records by
8 anyone other than its duly appointed agents or
9 representatives except upon court order.
10 (b) Recommendations from judge.--
11 (1) A judge may make at any time a recommendation to the
12 board respecting the person sentenced and the term of
13 imprisonment the judge believes that person should be
14 required to serve before a parole is granted to that person.
15 (2) A recommendation made by a judge under paragraph (1)
16 respecting the parole or terms of parole of a person shall be
17 advisory only. No order in respect to the recommendation made
18 or attempted to be made as a part of a sentence shall be
19 binding upon the board in performing the duties and functions
20 conferred on it by this chapter.
21 § 6335. Investigation of circumstances of offense.
22 (a) Duty to investigate.--The board, on the commitment to a
23 correctional facility of any person whom the board is given the
24 power to parole under this chapter, shall consider:
25 (1) The nature and circumstances of the offense
26 committed.
27 (2) Any recommendations made by the trial judge and
28 prosecuting attorney.
29 (3) The general character and background of the inmate.
30 (4) Participation by an inmate sentenced after February
20050S0506B0539 - 150 -
1 19, 1999, and who is serving a sentence for a crime of
2 violence as defined in 42 Pa.C.S. § 9714(g) (relating to
3 sentences for second and subsequent offenses) in a victim
4 impact education program offered by the Department of
5 Corrections.
6 (5) The written or personal statement of the testimony
7 of the victim or the victim's family submitted pursuant to
8 section 6340 (relating to victim statements, testimony and
9 participation in hearing).
10 (6) The notes of testimony of the sentencing hearing, if
11 any, together with such additional information regarding the
12 nature and circumstances of the offense committed for which
13 sentence was imposed as may be available.
14 (7) The conduct of the person while in prison and his
15 physical, mental and behavior condition and history, his
16 history of family violence and his complete criminal record.
17 (b) Cooperation of public officials.--A public official who
18 possesses such records or information shall furnish the records
19 or information to the board upon its request and without charge
20 so far as may be practicable while the case is recent.
21 § 6336. Right of access to inmates.
22 All prison officials shall:
23 (1) At all reasonable times grant access to any inmate
24 whom the board has power to parole to the members of the
25 board or its properly accredited representatives.
26 (2) At all reasonable times provide for the board or its
27 properly accredited representative facilities for
28 communicating with and observing an inmate while imprisoned.
29 (3) Furnish to the board from time to time such reports
30 concerning the conduct of inmates in their custody as the
20050S0506B0539 - 151 -
1 board shall by general rule or special order require,
2 together with any other facts deemed pertinent in aiding the
3 board to determine whether such inmates shall be paroled.
4 § 6337. Parole power.
5 (a) General criteria for parole.--
6 (1) The board may release on parole any inmate to whom
7 the power to parole is granted to the board by this chapter,
8 except an inmate condemned to death or serving life
9 imprisonment, whenever in its opinion:
10 (i) The best interests of the inmate justify or
11 require the inmate being paroled.
12 (ii) It does not appear that the interests of the
13 Commonwealth will be injured by the inmate being paroled.
14 (2) Parole shall be subject in every instance to the
15 Commonwealth's right to immediately retake and hold in
16 custody without further proceedings any parolee charged after
17 his parole with an additional offense until a determination
18 can be made whether to continue his parole status.
19 (3) The power to parole granted under this section to
20 the board may not be exercised in the board's discretion at
21 any time before, but only after, the expiration of the
22 minimum term of imprisonment fixed by the court in its
23 sentence or by the Board of Pardons in a sentence which has
24 been reduced by commutation.
25 (b) Preparole drug screening tests.--
26 (1) The board may not release a person on parole unless
27 the person achieves a negative result within 45 days prior to
28 the date of release in a screening test approved by the
29 Department of Health for the detection of the presence of
30 controlled substances or designer drugs under the act of
20050S0506B0539 - 152 -
1 April 14, 1972 (P.L.233, No.64), known as The Controlled
2 Substance, Drug, Device and Cosmetic Act.
3 (2) The cost of these preparole drug screening tests for
4 inmates subject to the parole release jurisdiction of the
5 board, whether confined in a correctional institution or
6 county prison, shall be paid by the board. The board shall
7 establish rules and regulations for the payment of these
8 costs and may limit the types and cost of these screening
9 tests that would be subject to payment by the board.
10 (3) (i) The board shall establish, as a condition of
11 continued parole for a parolee who, as an inmate, tested
12 positive for the presence of a controlled substance or a
13 designer drug or who was paroled from a sentence arising
14 from a conviction under The Controlled Substance, Drug,
15 Device and Cosmetic Act or from a drug-related crime, the
16 parolee's achievement of negative results in such
17 screening tests randomly applied.
18 (ii) The random screening tests shall be performed
19 at the discretion of the board, and the parolee
20 undergoing the tests shall be responsible for the costs
21 of the tests.
22 (iii) The funds collected for the tests shall be
23 applied against the contract for such testing between the
24 board and a testing laboratory approved by the Department
25 of Health.
26 (c) Crimes of violence.--The board may not release a person
27 who is sentenced after February 19, 1999, and is serving a
28 sentence for a crime of violence as defined in 42 Pa.C.S. §
29 9714(g) (relating to sentences for second and subsequent
30 offenses) on parole unless the person has received instruction
20050S0506B0539 - 153 -
1 from the Department of Corrections on the impact of crime on
2 victims and the community.
3 (d) Power to recommit.--The board may, during the period for
4 which an inmate shall have been sentenced, recommit the inmate,
5 if paroled, for violation of the terms and conditions of his
6 parole and from time to time to reparole and recommit in the
7 same manner and with the same procedure as in the case of an
8 original parole or recommitment if, in the judgment of the
9 board:
10 (1) There is a reasonable probability that the inmate
11 will be benefited by paroling the inmate again.
12 (2) It does not appear that the interests of the
13 Commonwealth will be injured thereby.
14 (e) Notice to county probation department.--When the board
15 releases a parolee from a correctional facility, the board shall
16 provide written notice to the probation department located in
17 the county where the sentencing order was imposed of the release
18 and new address of the parolee.
19 § 6338. Violation of terms of parole.
20 (a) Convicted violators.--
21 (1) A parolee under the jurisdiction of the board
22 released from a correctional facility who, during the period
23 of parole or while delinquent on parole, commits a crime
24 punishable by imprisonment, for which the parolee is
25 convicted or found guilty by a judge or jury or to which the
26 parolee pleads guilty or nolo contendere at any time
27 thereafter in a court of record, may at the discretion of the
28 board be recommitted as a parole violator.
29 (2) If the parolee's recommitment is so ordered, the
30 parolee shall be reentered to serve the remainder of the term
20050S0506B0539 - 154 -
1 which the parolee would have been compelled to serve had the
2 parole not been granted and shall be given no credit for the
3 time at liberty on parole.
4 (3) The board may, in its discretion, reparole whenever,
5 in its opinion, the best interests of the inmate justify or
6 require the inmate's release on parole and it does not appear
7 that the interests of the Commonwealth will be injured
8 thereby.
9 (4) The period of time for which the parole violator is
10 required to serve shall be computed from and begin on the
11 date that the parole violator is taken into custody to be
12 returned to the institution as a parole violator.
13 (5) If a new sentence is imposed on the parolee, the
14 service of the balance of the term originally imposed shall
15 precede the commencement of the new term imposed in the
16 following cases:
17 (i) If a person is paroled from a State correctional
18 institution and the new sentence imposed on the person is
19 to be served in the State correctional institution.
20 (ii) If a person is paroled from a county prison and
21 the new sentence imposed upon him is to be served in the
22 same county prison.
23 (iii) In all other cases, the service of the new
24 term for the latter crime shall precede commencement of
25 the balance of the term originally imposed.
26 (6) Where the new term is to be served last or the
27 balance of the term originally imposed is to be served last,
28 and the service is, in either case, in any correctional
29 facility:
30 (i) Any male person upon recommitment shall be sent
20050S0506B0539 - 155 -
1 to the nearest correctional diagnostic and classification
2 center for service of the remainder of the original term
3 at that institution as shall be designated by the
4 Secretary of Corrections or his designee.
5 (ii) Any female person shall be recommitted to the
6 State Correctional Institution at Muncy.
7 (b) Subsequent arrest.--
8 (1) The formal filing of a charge after parole against a
9 parolee within this Commonwealth for any violation of the
10 laws of this Commonwealth shall constitute an automatic
11 detainer and permit the parolee to be taken into and held in
12 custody.
13 (2) The automatic detainer shall dissolve 15 days after
14 the parolee is taken into custody unless sooner waived or
15 otherwise superseded by direction of the supervising parole
16 office.
17 (3) The automatic detainer shall be in addition to and
18 not in lieu of any other detainer that prior to the effective
19 date of this chapter may have been lodged in such
20 circumstances.
21 (c) Technical violators.--
22 (1) A parolee under the jurisdiction of the board who is
23 released from a correctional facility and who, during the
24 period of parole, violates the terms and conditions of his
25 parole, other than by the commission of a new crime of which
26 the parolee is convicted or found guilty by a judge or jury
27 or to which the parolee pleads guilty or nolo contendere in a
28 court of record, may be recommitted after a hearing before
29 the board.
30 (2) If the parolee is so recommitted, the parolee shall
20050S0506B0539 - 156 -
1 be given credit for the time served on parole in good
2 standing but with no credit for delinquent time and may be
3 reentered to serve the remainder of the original sentence or
4 sentences.
5 (3) The remainder shall be computed by the board from
6 the time the parolee's delinquent conduct occurred for the
7 unexpired period of the maximum sentence imposed by the court
8 without credit for the period the parolee was delinquent on
9 parole. The parolee shall serve the remainder so computed
10 from the date the parolee is taken into custody on the
11 warrant of the board.
12 (4) The parolee shall be subject to reparole by the
13 board whenever in its opinion the best interests of the
14 inmate justify or require the parolee being reparoled and it
15 does not appear that the interests of the Commonwealth will
16 be injured reparoling the parolee.
17 (d) Recommitment.--A technical violator under subsection (c)
18 shall be recommitted to a correctional facility for service of
19 the balance of the term originally imposed as follows:
20 (1) If paroled from a county prison, to the same
21 institution or to any other institution to which legally
22 transferred.
23 (2) If paroled from the State Correctional Institution
24 at Camp Hill and on recommitment the person has not attained
25 21 years of age, to the same institution.
26 (3) If paroled from the State Correctional Institution
27 at Muncy, to the same institution.
28 (4) If paroled from any other State correctional
29 institution, to the nearest correctional diagnostic and
30 classification center wherein the person shall be classified
20050S0506B0539 - 157 -
1 for service of the balance of the term in the institution as
2 shall be designated by the Secretary of Corrections or his
3 designee.
4 § 6339. Parole on motion by board.
5 (a) Procedure.--
6 (1) The board may, subject to the provisions and
7 limitations set forth in section 6338 (relating to violation
8 of terms of parole), grant paroles of its own motion whenever
9 in its judgment the interests of justice require the granting
10 of these paroles.
11 (2) The board shall consider applications for parole by
12 an inmate or the inmate's attorney.
13 (3) Notwithstanding the provisions of paragraph (2), the
14 board shall not be required to consider nor dispose of an
15 application by an inmate or an inmate's attorney where a
16 parole decision has been issued by the board on that case
17 within one year of the date of the current application for
18 parole.
19 (4) Hearings of applications shall be held by the board
20 whenever in its judgment hearings are necessary. Reasonable
21 rules and regulations shall be adopted by the board for the
22 presentation and hearing of applications for parole.
23 (5) Whenever an inmate is paroled by the board, whether
24 of its own motion or after hearing of an application for
25 parole, or whenever an application for parole is refused by
26 the board, a brief statement of the reasons for the board's
27 action shall be filed of record in the offices of the board
28 and shall be at all reasonable times open to public
29 inspection.
30 (6) In no case shall a parole be granted, or an
20050S0506B0539 - 158 -
1 application for parole be dismissed, unless a board member,
2 hearing examiner or other person so designated by the board
3 shall have seen and heard the parolee in person in regard
4 thereto within six months prior to the granting or dismissal
5 thereof.
6 (7) The board shall dispose of the application within
7 six months of its filing.
8 (b) Reliance on reports.--In granting and revoking paroles,
9 and in discharging from parole, the members of the board acting
10 thereon shall not be required to personally hear or see all the
11 witnesses and evidence submitted to them for their action, but
12 they may act on the report submitted to them by their agents and
13 employees, together with any pertinent and adequate information
14 furnished to them by fellow members of the board or by others.
15 (c) Notice to district attorney.--At least ten days before
16 paroling an inmate on its own motion, the board shall give
17 written notice of the contemplated parole to the district
18 attorney of the county in which the inmate was sentenced, and,
19 in cases of hearings on applications for parole as provided for
20 in this section, at least ten days' written notice of the time
21 and place fixed for such hearing shall be given either by the
22 board or by the applicant, as the board shall direct, to the
23 court and district attorney of the county in which the applicant
24 was sentenced.
25 § 6340. Victim statements, testimony and participation in
26 hearing.
27 (a) Duty of district attorney to provide notice.--
28 (1) The victim of the offense for which an inmate is
29 sentenced shall be notified by the district attorney
30 immediately following sentencing, in cases where the
20050S0506B0539 - 159 -
1 defendant has been sentenced to a term of imprisonment, that
2 the victim or family member shall have the opportunity to
3 present a statement for the parole report to be considered at
4 the parole hearing or to testify to the parole board
5 expressing his opinion concerning the release of the inmate.
6 (2) The district attorney shall provide notice to a
7 member of the immediate family of the victim if the victim:
8 (i) is a juvenile;
9 (ii) is incapable of testifying; or
10 (iii) died as a result of the defendant's conduct.
11 (b) Notice of intent to submit statement.--In order to
12 submit a statement under subsection (a), a victim or family
13 member must notify the board of his intention to do so and
14 provide and keep current an appropriate mailing address with the
15 board.
16 (c) Contents of parole report.--The parole report may
17 include a statement concerning:
18 (1) The continuing nature and extent of any physical
19 harm or psychological or emotional harm or trauma suffered by
20 the victim.
21 (2) The extent of any loss of earnings or ability to
22 work suffered by the victim.
23 (3) The continuing effect of the crime upon the victim's
24 family.
25 (d) Notice to persons who previously contacted the board.--
26 (1) At the time public notice is given that an inmate is
27 being considered for parole pursuant to this section, the
28 board shall also notify any victim or nearest relative who
29 has previously contacted the board of the availability to
30 provide a statement for inclusion in the parole report or to
20050S0506B0539 - 160 -
1 present testimony for inclusion at the parole hearing.
2 (2) The board shall notify the person identified under
3 paragraph (1) at the person's last known mailing address. The
4 notification required by this section shall be given by the
5 board in the case of a parole to be granted pursuant to
6 section 6339 (relating to sua sponte board parole) or by the
7 court in the case of a parole to be granted pursuant to
8 section 6333 (relating to supervision of probationer).
9 (e) Notice of intent to present testimony.--The victim or
10 family member shall notify the board within 30 days from the
11 date of the notice of his intent to present testimony at the
12 parole hearing. This time period may be waived by the board for
13 good cause.
14 (f) Referral to hearing officer.--If the victim or family
15 member submits a written statement to the board subsequent to
16 notice, the statement shall be made a part of the board's file
17 on the inmate, and the inmate's case shall be referred to a
18 hearing officer designated to conduct parole release hearings.
19 (g) Assignment to hearing examiner.--If the victim or family
20 member informs the board subsequent to notice being provided
21 that the person intends to testify, the chairperson shall assign
22 the inmate's case to a hearing examiner for the purpose of
23 receiving the person's testimony.
24 (h) Hearing procedure.--
25 (1) The assigned hearing examiner shall conduct a
26 hearing within 30 days from the date the board received
27 notification of the intent to offer testimony.
28 (2) The hearing shall be conducted at a time and place
29 and on a date determined by the chairperson or designee.
30 Notice of the time, place and date of the hearing shall be
20050S0506B0539 - 161 -
1 provided to the victim or family member, in writing, and
2 shall be mailed at least ten days prior to the hearing date.
3 (3) The hearing shall be recorded by an electronic
4 recording device.
5 (4) The hearing examiner shall prepare a written report
6 within a reasonable amount of time prior to the hearing date.
7 A copy of the report shall be forwarded to the person
8 offering testimony. A copy of the report shall be made a part
9 of the board's file on the inmate.
10 (5) Upon completion of the written report, the inmate's
11 case shall be referred to a hearing examiner designated to
12 conduct parole release hearings.
13 (6) (i) The hearing scheduled pursuant to this section
14 shall be conducted, when possible, prior to a parole
15 release hearing and prior to the board rendering a
16 decision.
17 (ii) Nothing in this section shall be construed to
18 preclude the board from conducting a timely parole
19 release hearing.
20 (7) After submission of the report, the board shall
21 within a reasonable amount of time:
22 (i) Evaluate the information provided.
23 (ii) Determine whether the decision shall be
24 affirmed or modified.
25 (iii) Determine whether a rescission hearing shall
26 be conducted.
27 (iv) Notify the inmate in writing of its decision.
28 (8) Any and all statements or testimony of the victim or
29 family member submitted to the board pertaining to:
30 (i) the continuing nature and extent of any physical
20050S0506B0539 - 162 -
1 harm or psychological or emotional harm or trauma
2 suffered by the victim;
3 (ii) the extent of any loss of earnings or ability
4 to work suffered by the victim; and
5 (iii) the continuing effect of the crime upon the
6 victim's family shall not be deemed confidential and
7 shall be released to the inmate unless the withholding of
8 the statements or testimony is requested by the victim
9 and the hearing officer determines that the release of
10 the statements or testimony would endanger the safety of
11 the person providing the statements or testifying. The
12 board on its own motion may for good cause identify all
13 or part of the statements or testimony as confidential.
14 (9) All records maintained by the board pertaining to
15 victims shall be kept separate and current address
16 information of the victim or family members shall be deemed
17 confidential.
18 (10) A victim or the family member who has submitted a
19 written statement for the parole report or testified at a
20 hearing pursuant to this section shall be notified by the
21 board of the final decision rendered in the inmate's case.
22 (11) If the final decision is to not release the inmate
23 and if, subsequent to that decision, additional parole
24 release hearings are conducted for that same inmate, then the
25 victim or family member who has submitted a written statement
26 for the parole report or who has testified at a hearing
27 pursuant to this section shall be notified by the board at
28 the last known address if and when additional parole hearings
29 are scheduled by the board.
30 § 6341. General rules and special regulations.
20050S0506B0539 - 163 -
1 The board may make general rules for the conduct and
2 supervision of persons placed on parole and may, in particular
3 cases, as it deems necessary to effectuate the purpose of
4 parole, prescribe special regulations for particular persons.
5 § 6342. Court-ordered probation in lieu of sentence.
6 Whenever a person is found guilty of a criminal offense by
7 verdict of a jury, plea or otherwise, except murder in the first
8 degree, in any court, the court may, in its discretion, if it
9 believes that:
10 (1) the character of the person and the circumstances of
11 the case to be such that the person is not likely again to
12 engage in a course of criminal conduct; and
13 (2) the public good does not demand or require the
14 imposition of a sentence to imprisonment, instead of imposing
15 the sentence, place the person on probation for such definite
16 period as the court shall direct, not exceeding the maximum
17 period of imprisonment allowed by law for the offense for
18 which the sentence might be imposed.
19 § 6343. Parole without board supervision.
20 A sentencing court shall grant parole from a term of
21 imprisonment for less than a maximum period of two years, and,
22 together with all probations except probation as to which
23 supervision is specially ordered by the court as provided for in
24 section 6342 (relating to court-ordered probation in lieu of
25 sentence), parole shall be without supervision by the board.
26 § 6344. Judicial power to release inmates.
27 (a) General rule.--Except as otherwise provided under this
28 chapter, a court of this Commonwealth or other court of record
29 having jurisdiction may, after due hearing, release on parole an
30 inmate in the county correctional institution of that judicial
20050S0506B0539 - 164 -
1 district.
2 (b) Petition required.--No inmate may be paroled under this
3 section except on petition verified by the oath of the inmate or
4 by the inmate's representative and presented and filed in the
5 court in which the inmate was convicted.
6 (c) Hearing.--On presentation of the petition, the court
7 shall fix a day for the hearing. A copy of the petition shall be
8 served on the district attorney and prosecutor in the case at
9 least ten days before the day fixed for the hearing. Proof of
10 service on the district attorney and the prosecutor shall be
11 produced at the hearing.
12 (d) Order.--After the hearing, the court shall make such
13 order as it may deem just and proper. In case the court paroles
14 the inmate, it shall place the inmate in the charge of and under
15 the supervision of a designated probation officer.
16 (e) Recommit.--The court may, on cause shown by the
17 probation officer that the inmate has violated his parole,
18 recommit and reparole the inmate in the same manner and by the
19 same procedure as in the case of the original parole if, in the
20 judgment of the court, there is a reasonable probability that
21 the inmate will benefit by being paroled. The court may also
22 recommit for violation of that parole.
23 (f) Limitation.--
24 (1) Subject to the provisions of paragraph (2), the
25 power of a court to parole an inmate under this section shall
26 extend for a period not to exceed the maximum sentence
27 provided by law for the offense of which the inmate was
28 convicted, regardless of the sentence first imposed upon the
29 prisoner.
30 (2) A court may release on parole, on petition to any
20050S0506B0539 - 165 -
1 other court, an inmate committed to a correctional
2 institution by any district justice and shall have the same
3 power to recommit an inmate paroled under this section.
4 SUBCHAPTER D
5 STATE PAROLE OFFICERS
6 Sec.
7 6351. Definitions.
8 6352. Status as peace officers.
9 6353. Supervisory relationship to offenders.
10 § 6351. 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 parole officer 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 district justice.
27 "Exigent circumstances." The term includes, but is not
28 limited to, suspicion that contraband or other evidence of
29 violations of the conditions of supervision might be destroyed
30 or suspicion that a weapon might be used. Exigent circumstances
20050S0506B0539 - 166 -
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 § 6352. 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 § 6353. 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.
20050S0506B0539 - 167 -
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.
20050S0506B0539 - 168 -
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.
20050S0506B0539 - 169 -
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 SUBCHAPTER E
6 COUNTY PROBATION OFFICERS
7 Sec.
8 6361. Definitions.
9 6362. Supervisory relationship to offenders.
10 6363. Peace officer power for probation officers.
11 § 6361. Definitions.
12 The following words and phrases when used in this subchapter
13 shall have the meanings given in this section unless the context
14 clearly indicates otherwise:
15 "ARD." Accelerated Rehabilitative Disposition.
16 "Conditions of supervision." Any terms or conditions of an
17 offender's supervision whether imposed by the court or an
18 officer, including compliance with all requirements of Federal,
19 State and local law.
20 "Contraband." Any item that an offender is not permitted to
21 possess under the conditions of supervision, including any item
22 whose possession is forbidden by any Federal, State or local
23 law.
24 "Court." The court of common pleas or any judge thereof, the
25 Philadelphia Municipal Court or any judge thereof, the
26 Pittsburgh Magistrates Court or any judge thereof or any
27 district justice.
28 "Exigent circumstances." The term includes, but is not
29 limited to, suspicion that contraband or other evidence of
30 violations of the conditions of supervision might be destroyed
20050S0506B0539 - 170 -
1 or suspicion that a weapon might be used. Exigent circumstances
2 always exist with respect to a vehicle.
3 "Offender." A person released on county probation,
4 intermediate punishment or county parole. The term shall not
5 include any person serving a period of probation pursuant to
6 Accelerated Rehabilitative Disposition, except as authorized
7 under section 6362(b)(relating to supervisory relationship to
8 offenders).
9 "Officer." A probation or parole officer appointed or
10 employed by any court or by any county department of probation
11 and parole to supervise persons released on county probation or
12 parole.
13 "Personal search." A warrantless search of an offender's
14 person, including, but not limited to, the offender's clothing
15 and any personal property which is in the possession, within the
16 reach or under the control of the offender.
17 "Property search." A warrantless search of real property,
18 vehicle or personal property which is in the possession or under
19 the control of an offender.
20 "Real property." Any residence or business property of an
21 offender, including all portions of the property to which the
22 offender has access.
23 "Supervisor." An individual acting in a supervisory or
24 administrative capacity.
25 § 6362. Supervisory relationship to offenders.
26 (a) General rule.--Officers are in a supervisory
27 relationship with their offenders. The purpose of this
28 supervision is to assist the offenders in their rehabilitation
29 and reassimilation into the community and to protect the public.
30 (b) Searches and seizures authorized.--
20050S0506B0539 - 171 -
1 (1) Officers and, where they are responsible for the
2 supervision of county offenders, State parole agents may
3 search the person and property of offenders in accordance
4 with the provisions of this section.
5 (2) (i) Officers may search, in accordance with the
6 provisions of this section, the person and property of
7 any offender who accepts ARD as a result of a charge of a
8 violation of 18 Pa.C.S. Ch. 31 (relating to sexual
9 offenses) if the court has determined that the offender
10 shall be subject to personal and property searches as a
11 condition of the offender's participation in the ARD
12 program.
13 (ii) The court shall notify each offender so offered
14 ARD, prior to admission to an ARD program, that the
15 offender shall be subject to searches in accordance with
16 this section.
17 (iii) Nothing in this section shall be construed to
18 permit searches or seizures in violation of the
19 Constitution of the United States or section 8 of Article
20 I of the Constitution of Pennsylvania.
21 (c) Effect of violation.--No violation of this section shall
22 constitute an independent ground for suppression of evidence in
23 any probation and parole or criminal proceeding.
24 (d) Grounds for personal search.--
25 (1) A personal search of an offender may be conducted by
26 an officer:
27 (i) if there is a reasonable suspicion to believe
28 that the offender possesses contraband or other evidence
29 of violations of the conditions of supervision;
30 (ii) when an offender is transported or taken into
20050S0506B0539 - 172 -
1 custody; or
2 (iii) upon an offender entering or leaving the
3 securing enclosure of a correctional institution, jail or
4 detention facility.
5 (2) A property search may be conducted by an officer if
6 there is reasonable suspicion to believe that the real or
7 other property in the possession of or under the control of
8 the offender contains contraband or other evidence of
9 violations of the conditions of supervision.
10 (3) Prior approval of a supervisor shall be obtained for
11 a property search absent exigent circumstances. No prior
12 approval shall be required for a personal search.
13 (4) A written report of every property search conducted
14 without prior approval shall be prepared by the officer who
15 conducted the search and filed in the offender's case record.
16 The exigent circumstances shall be stated in the report.
17 (5) The offender may be detained if he is present during
18 a property search. If the offender is not present during a
19 property search, the officer in charge of the search shall
20 make a reasonable effort to provide the offender with notice
21 of the search, including a list of the items seized, after
22 the search is completed.
23 (6) The existence of reasonable suspicion to search
24 shall be determined in accordance with constitutional search
25 and seizure provisions as applied by judicial decision. In
26 accordance with such case law, the following factors, where
27 applicable, may be taken into account:
28 (i) The observations of officers.
29 (ii) Information provided by others.
30 (iii) The activities of the offender.
20050S0506B0539 - 173 -
1 (iv) Information provided by the offender.
2 (v) The experience of the officers with the
3 offender.
4 (vi) The experience of officers in similar
5 circumstances.
6 (vii) The prior criminal and supervisory history of
7 the offender.
8 (viii) The need to verify compliance with the
9 conditions of supervision.
10 (e) Nonresident offenders.--No officer shall conduct a
11 personal or property search of an offender who is residing in a
12 foreign state except for the limited purposes permitted under
13 the Interstate Compact for the Supervision of Parolees and
14 Probationers. The offender is held accountable to the rules of
15 both the sending state and the receiving state. Any personal or
16 property search of an offender residing in another state shall
17 be conducted by an officer of the receiving state.
18 (f) When authority is effective.--The authority granted to
19 the officers under this section shall be effective upon
20 enactment of this section, without the necessity of any further
21 regulation by the board.
22 § 6363. Peace officer power for probation officers.
23 An officer is declared to be a peace officer and shall have
24 police powers and authority throughout this Commonwealth to
25 arrest with or without warrant, writ, rule or process any person
26 on probation, intermediate punishment or parole under the
27 supervision of the court for failing to report as required by
28 the terms of that person's probation, intermediate punishment or
29 parole or for any other violation of that person's probation,
30 intermediate punishment or parole.
20050S0506B0539 - 174 -
1 SUBCHAPTER F
2 MISCELLANEOUS PROVISIONS
3 Sec.
4 6371. Applicability.
5 6372. Scope.
6 6373. Board powers involving individuals granted clemency.
7 6374. Board of Pardons.
8 § 6371. Applicability.
9 Notwithstanding any other provision of this chapter:
10 (1) This chapter shall not apply to persons committed to
11 institutions for the discipline or correction of juveniles,
12 correctional institutions under sentence by a district
13 justice or magistrate, or persons committed in default of
14 payment of any fine or of bail.
15 (2) This chapter shall apply to inmates confined in the
16 State Correctional Institution at Camp Hill, the State
17 Correctional Institution at Muncy and the State Correctional
18 Institution at Huntingdon, when the maximum sentence which
19 could have been imposed for the crime of which the inmate was
20 convicted equals or exceeds two years, including juveniles
21 under 18 years of age serving sentence in these institutions,
22 but exclusive of juveniles committed to these institutions.
23 § 6372. Scope.
24 The provisions of this chapter shall apply to all persons
25 who, at the effective date of this section, may be on parole or
26 liable to be placed on parole under existing laws with the same
27 force and effect as if this chapter had been in operation at the
28 time such persons were placed on parole or became liable to be
29 placed on parole, as the case may be.
30 § 6373. Board powers involving individuals granted clemency.
20050S0506B0539 - 175 -
1 (a) General rule.--The board shall have the following powers
2 and duties with regard to the Board of Pardons and individuals
3 granted clemency by the Governor who are subject to parole
4 supervision by the board:
5 (1) Make investigations and recommendations to the Board
6 of Pardons in cases coming before it and upon its request.
7 The investigations shall include all information set forth
8 under section 6335 (relating to investigation of
9 circumstances of offense), including a risk assessment if the
10 applicant is incarcerated.
11 (2) Immediately notify the Board of Pardons when a
12 parolee has violated a condition of parole. This shall apply
13 to parolees under supervision by other jurisdictions through
14 the interstate compact.
15 (3) (i) In no case shall the board act upon an
16 application of an inmate:
17 (A) whose term of imprisonment was commuted from
18 life to life on parole;
19 (B) who was serving a term of imprisonment for a
20 crime of violence; or
21 (C) who is serving a sentence under 42 Pa.C.S. §
22 9712 (relating to sentences for offenses committed
23 with firearms), unless the inmate has served at least
24 one year in a prerelease center.
25 (ii) The transfer of the inmate to a prerelease
26 center shall not occur where the transfer is not
27 appropriate due to a certified terminal illness.
28 (iii) Upon parole, a parolee subject to subparagraph
29 (i) shall be subject to weekly supervision for the first
30 six months of parole.
20050S0506B0539 - 176 -
1 (iv) The parolee shall not be paroled to another
2 jurisdiction unless the jurisdiction will provide weekly
3 supervision for the first six months of parole.
4 (b) Definition.--As used in this section, the term "crime of
5 violence" means:
6 (1) Murder of the third degree, voluntary manslaughter,
7 rape, sexual assault, involuntary deviate sexual intercourse,
8 robbery as defined in 18 Pa.C.S. § 3701(a)(1)(i), (ii) or
9 (iii) (relating to robbery), robbery of a motor vehicle,
10 arson as defined in 18 Pa.C.S. § 3301(a) (relating to arson
11 and related offenses), aggravated assault as defined in 18
12 Pa.C.S. § 2702(a)(1) (relating to aggravated assault) or
13 kidnapping.
14 (2) An attempt to commit voluntary manslaughter, rape,
15 involuntary deviate sexual intercourse, robbery as defined in
16 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii), aggravated assault
17 as defined in 18 Pa.C.S. § 2702(a)(1) or kidnapping.
18 § 6374. Board of Pardons.
19 (a) Supervision over paroled inmates.--The Board of Pardons
20 shall have jurisdiction to supervise the conduct, during the
21 period of parole, of all inmates released on parole from the
22 State correctional institutions. For the purpose of carrying out
23 the provisions of this section, the Attorney General may
24 appoint, for the work of the Board of Pardons, a Supervisor of
25 Paroles and such field agents as may be necessary, whose
26 compensation shall be fixed as provided by law in the case of
27 other employees of the Office of Attorney General.
28 (b) Powers and duties.--The Board of Pardons shall have the
29 following powers and duties:
30 (1) To establish standards to govern the selection of
20050S0506B0539 - 177 -
1 field agents for the supervision of parolees and to govern
2 the supervision of parolees.
3 (2) To prepare and furnish to the warden of each State
4 correctional institution and to the Superintendent of
5 Pennsylvania Industrial Reformatory, forms upon which shall
6 be recorded a detailed statement, concerning every inmate
7 paroled from the institution.
8 (3) To consider ways and means of coordinating the
9 pardon and parole work of the Commonwealth.
10 (4) To keep itself informed concerning methods used in
11 preparing and selecting parolees in the penal institutions of
12 this Commonwealth and to recommend to the Governor for
13 presentation to the General Assembly whatever changes it
14 deems advisable for the improvement of the parole system as a
15 whole.
16 (5) To cause to be furnished to the warden of each state
17 correctional institution and to the Superintendent of the
18 Pennsylvania Industrial Reformatory, such information as may
19 be requested by them to determine the time that inmates shall
20 be continued on parole, to determine the kind and character
21 of employment offered to applicants for parole and the
22 reliability of the intended employer.
23 (6) To divide this Commonwealth into as many
24 geographical districts as may be necessary for the adequate
25 supervision of inmates who are paroled from the State
26 correctional institutions and the Pennsylvania Industrial
27 Reformatory, and may, from time to time, change the area,
28 location and number of such districts. It may assign one or
29 more field agents to each geographical district. Any field
30 parole agent shall have full authority to arrest and detain
20050S0506B0539 - 178 -
1 any parolee who has violated the terms of the parolee's
2 parole, under any warrant issued by the State Board of
3 Pardons or the Board of Trustees of the Pennsylvania
4 Industrial Reformatory, for the arrest of the parolee.
5 (c) Cooperation with police.--All employees of the Office of
6 Attorney General assigned to the Board of Pardons shall
7 cooperate with the police officers of this Commonwealth and of
8 its several political subdivisions, by supplying them with
9 complete information concerning the character and business
10 responsibility of any proposed employer of any parolee and
11 concerning any parolee who has failed to observe the conditions
12 of that parolee's parole. At the request of the Board of
13 Trustees of any of the State correctional institutions or of the
14 Pennsylvania Industrial Reformatory, it shall direct the field
15 parole agents under its supervision to secure detailed
16 information concerning the personal, family, social and
17 industrial history of any inmate and the inmate's probable
18 environment during parole and shall submit such information to
19 the Board of Pardons within a reasonable time.
20 (d) State correctional institution participation.--The Board
21 of Pardons shall invite a representative of each State
22 correctional institution and of the Pennsylvania Industrial
23 Reformatory to sit with it whenever it is considering any
24 matters which this section requires it to consider.
25 (e) Reports.--Every inmate of a State correctional
26 institution or of the Pennsylvania Industrial Reformatory
27 released on parole, shall be committed to the custody of such
28 person as shall be designated by the Board of Pardons and shall
29 make such reports in writing and fulfill such conditions as the
30 board may direct.
20050S0506B0539 - 179 -
1 (f) Applicability.--Nothing in this section shall apply to
2 dependent, neglected, incorrigible or delinquent children.
3 (g) Construction.--Nothing contained in this section shall
4 be construed to:
5 (1) Derogate from the power of the judges of the courts
6 of common pleas or other court of record having jurisdiction
7 of the several judicial districts of the Commonwealth. After
8 due inquiry, to release on parole any person confined in a
9 county correctional institution in their respective
10 districts, as provided in section 6344 (relating to judicial
11 power to release inmates).
12 (2) Derogate from the power of boards of trustees of a
13 State correctional institution to make recommendations for
14 paroles to the Board of Pardons, or from the paroling power
15 of the Board of Pardons or of the Governor.
16 (3) Derogate from the power and authority of the Board
17 of Trustees of the Pennsylvania Industrial Reformatory at
18 Huntingdon to parole inmates.
19 CHAPTER 65
20 COUNTY PROBATION AND PAROLE OFFICERS'
21 FIREARM EDUCATION AND TRAINING
22 Sec.
23 6501. Short title of chapter.
24 6502. Definitions.
25 6503. County Probation and Parole Officers' Firearm Education
26 and Training Commission.
27 6504. Commission membership.
28 6505. Powers and duties of commission.
29 6506. Training mandatory.
30 6507. Requirements for program participation or waiver.
20050S0506B0539 - 180 -
1 6508. County Probation and Parole Officers' Firearm Education
2 and Training Fund.
3 6509. Applicability.
4 § 6501. Short title of chapter.
5 This chapter shall be known and may be cited as the County
6 Probation and Parole Officers' Firearm Education and Training
7 Law.
8 § 6502. Definitions.
9 The following words and phrases when used in this chapter
10 shall have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Board." The Pennsylvania Board of Probation and Parole.
13 "Certification." The assignment of a certification number to
14 a probation or parole officer after successful completion of a
15 mandatory basic training course or receipt of a waiver of basic
16 training from the County Probation and Parole Officers' Firearm
17 Education and Training Commission and successful completion of
18 mandatory training.
19 "Commission." The County Probation and Parole Officers'
20 Firearm Education and Training Commission.
21 "Fund." The County Probation and Parole Officers' Firearm
22 Education and Training Fund established under section 6508
23 (relating to County Probation and Parole Officers' Firearm
24 Education and Training Fund).
25 "Officer." A county probation or parole officer of this
26 Commonwealth.
27 "Program." The County Probation and Parole Officers' Firearm
28 Education and Training Program established in this chapter.
29 "School." A school currently approved by the Municipal
30 Police Officers' Education and Training Commission under 53
20050S0506B0539 - 181 -
1 Pa.C.S. Ch. 21 Subch. D (relating to municipal police education
2 and training).
3 "Weapon-carrying officer." A county probation or parole
4 officer who is authorized to carry a weapon in connection with
5 performance of the duties of the officer's employment.
6 § 6503. County Probation and Parole Officers' Firearm Education
7 and Training Commission.
8 The County Probation and Parole Officers' Firearm Education
9 and Training Commission is established under the Pennsylvania
10 Board of Probation and Parole. The commission shall establish
11 within six months following the appointment of commission
12 members a County Probation and Parole Officers' Firearm
13 Education and Training Program to provide firearm education and
14 training in accordance with the provisions of this chapter.
15 § 6504. Commission membership.
16 (a) Composition.--The commission shall be composed of the
17 chairman of the board and eight other members to be appointed by
18 the Governor:
19 (1) Three county adult probation officers who are full
20 members of the County Chief Adult Probation and Parole
21 Officers' Association of Pennsylvania, one of whom is a chief
22 adult probation officer from a county authorized to carry
23 firearms and two of whom are firearms instructors certified
24 as such by the National Rifle Association, the Pennsylvania
25 State Police or the Federal Bureau of Investigation.
26 (2) One member of the Pennsylvania Council of Chief
27 Juvenile Probation Officers.
28 (3) One representative of the Juvenile Court Judges'
29 Commission.
30 (4) One judge of a court of common pleas of a county
20050S0506B0539 - 182 -
1 that employs officers who carry firearms.
2 (5) One director qualified under 53 Pa.C.S. Ch. 21
3 Subch. D (relating to municipal police education and
4 training).
5 (6) One county commissioner from a county which employs
6 officers who carry firearms.
7 (b) Terms.--Terms of the members initially appointed shall
8 be three members for one year, three members for two years and
9 three members for three years, as designated by the Governor at
10 the time of appointment. Thereafter, terms shall be for three
11 years. Each member shall hold office until the expiration of the
12 term for which the member was selected or until the member's
13 earlier death, resignation or removal or until the member's
14 successor has been selected and qualified but in no event more
15 than six months beyond the expiration of the member's appointed
16 term.
17 (c) Vacancies.--A person appointed to fill a vacancy created
18 by other than expiration of a term shall be appointed for the
19 unexpired term of the member who that person is to succeed in
20 the same manner as the original appointment.
21 (d) Compensation.--The members of the commission shall serve
22 without compensation but shall be reimbursed the necessary and
23 actual expenses incurred in attending the meetings of the
24 commission and in the performance of their duties under this
25 chapter.
26 (e) Organization.--The commission shall elect from among its
27 members a chairperson and other officers who shall hold office
28 at the pleasure of the commission. The commission shall act only
29 with the concurrence of the majority.
30 (f) Meetings and quorum.--The commission shall meet at least
20050S0506B0539 - 183 -
1 four times each year until the program is implemented.
2 Thereafter, the commission shall meet as may be necessary, but
3 at least once annually. Special meetings may be called by the
4 chairperson of the commission or upon written request of three
5 members. A quorum shall consist of four members of the
6 commission.
7 § 6505. Powers and duties of commission.
8 The powers and duties of the commission shall be as follows:
9 (1) To develop, establish and administer the minimum
10 courses of study and training and competency standards for
11 firearm training for county probation and parole officers,
12 including an initial curriculum of at least 40 hours and
13 including the firing of a qualification course.
14 (2) To revoke an officer's certification for failing to
15 comply with educational and training requirements established
16 by the commission.
17 (3) To approve or revoke the approval for the purposes
18 of this chapter of any school that may be utilized to comply
19 with the educational and training requirements as established
20 by the commission.
21 (4) To establish the minimum qualifications for
22 instructors, to approve or revoke the approval of any
23 instructor and to develop the requirements for continued
24 certification.
25 (5) To promote the most efficient and economical program
26 for training by utilizing existing facilities, programs and
27 qualified Federal, State and local police personnel.
28 (6) To make an annual report to the Governor and to the
29 General Assembly concerning:
30 (i) The administration of the program.
20050S0506B0539 - 184 -
1 (ii) The activities of the commission, together with
2 any recommendations for executive or legislative actions.
3 (7) To require in accordance with this chapter county
4 probation and parole officers to attend a minimum number of
5 hours in in-service training as provided for by regulation,
6 unless the officer's employer files a show-cause document
7 with the commission, requesting additional time for the
8 officer to comply with the in-service training requirements.
9 Approval of the request shall be made by the commission on a
10 case-by-case basis.
11 (8) To appoint an administrative officer who shall serve
12 and be directly responsible to the commission.
13 (9) To consult and cooperate with universities,
14 colleges, community colleges and institutes for the
15 development of specialized courses for county probation and
16 parole officers.
17 (10) To consult and cooperate with departments and
18 agencies of this Commonwealth and other states and the
19 Federal Government concerned with county probation and parole
20 officer training.
21 (11) To certify officers who have satisfactorily
22 completed basic educational and training requirements as
23 established by the commission and to issue appropriate
24 certificates to these officers.
25 (12) To visit and inspect approved schools at least once
26 every two years. This inspection requirement does not apply
27 where training is conducted locally at a satellite center
28 consisting of a classroom and shooting range.
29 (13) To make rules and regulations and to perform other
30 duties as may be reasonably necessary or appropriate to
20050S0506B0539 - 185 -
1 implement the training program for county probation and
2 parole officers.
3 (14) To consider granting waivers of mandatory basic
4 training to county probation and parole officers who have
5 successfully completed previous equivalent training.
6 (15) To maintain certifications and other records as
7 necessary.
8 (16) To issue reports to the president judges of the
9 courts of common pleas relating to compliance with this
10 chapter.
11 § 6506. Training mandatory.
12 Within two years of the establishment of the County Probation
13 and Parole Officers' Firearm Education and Training Program and
14 in accordance with the provisions of this chapter, a county
15 shall provide for the training of any officer in its county
16 probation and parole department who carries a firearm. Following
17 this two-year period, a county shall provide that training and
18 certification requirements of this chapter are met prior to a
19 county probation or parole officer being authorized to carry a
20 firearm.
21 § 6507. Requirements for program participation or waiver.
22 In order to participate in the training program or be granted
23 a waiver of training requirements, at a minimum the officer
24 must:
25 (1) Be employed as a full-time county probation or
26 parole officer.
27 (2) Be a United States citizen.
28 (3) Not have been convicted of an offense graded a
29 misdemeanor of the first degree or greater or punishable by a
30 term of imprisonment of more than two years, unless in
20050S0506B0539 - 186 -
1 possession of a waiver from the Bureau of Alcohol, Tobacco
2 and Firearms of the Department of the Treasury.
3 (4) Have had the officer's fingerprints submitted by the
4 officer's employer to the Pennsylvania State Police for the
5 purposes of a background investigation. The officer shall
6 have results of the investigation which indicate that the
7 requirements of paragraph (3) are met.
8 § 6508. County Probation and Parole Officers' Firearm Education
9 and Training Fund.
10 (a) Fund established.--The County Probation and Parole
11 Officers' Firearm Education and Training Fund is established as
12 a restricted receipts account within the General Fund. Moneys
13 from the fund shall be used exclusively for the purposes
14 described under this section.
15 (b) Costs imposed.--
16 (1) A person who accepts Accelerated Rehabilitative
17 Disposition or pleads guilty or nolo contendere or is
18 convicted of a felony or misdemeanor shall, in addition to
19 any other court costs imposed under the laws of this
20 Commonwealth, be sentenced to pay costs of $5. Costs
21 collected by the clerk of courts under this subsection shall
22 be paid into the fund.
23 (2) Moneys in the fund shall be used to offset or pay
24 for:
25 (i) Training expenses.
26 (ii) Commission expenses.
27 (3) Disbursement and allocation of fund moneys shall be
28 at the discretion of the commission.
29 (c) Other moneys to be used.--In addition to payment of
30 training expenses as prescribed under subsection (b), training
20050S0506B0539 - 187 -
1 expenses may also be paid out of the county offender supervision
2 fund under section 1102 of the act of November 24, 1998
3 (P.L.882, No.111), known as the Crime Victims Act, or any other
4 county fund.
5 (d) Juvenile probation officer participation.--In the event
6 that sufficient funds are not generated under the provisions of
7 subsection (b) to fully fund the costs of providing training to
8 juvenile probation officers, a training fee representing the
9 prorated share of the additional actual cost thereof shall be
10 payable by a participating juvenile probation officer's county
11 of employment.
12 § 6509. Applicability.
13 This chapter shall apply to county juvenile probation, adult
14 probation or parole officers only, and only such officers shall
15 be eligible for training under this chapter.
16 PART V
17 MISCELLANEOUS PROVISIONS
18 Chapter
19 71. Interstate Compacts
20 CHAPTER 71
21 INTERSTATE COMPACTS
22 Subchapter
23 A. Interstate Corrections Compact
24 B. Interstate Compact for the Supervision of Adult Offenders
25 C. Administrative Provisions
26 SUBCHAPTER A
27 INTERSTATE CORRECTIONS COMPACT
28 Sec.
29 7101. Short title of subchapter.
30 7102. Interstate Corrections Compact.
20050S0506B0539 - 188 -
1 7103. Powers.
2 § 7101. Short title of subchapter.
3 This subchapter may be cited as the Interstate Corrections
4 Compact Act.
5 § 7102. Interstate Corrections Compact.
6 The Interstate Corrections Compact is hereby enacted into law
7 and entered into by this State with any other states legally
8 joining therein in the form substantially as follows:
9 INTERSTATE CORRECTIONS COMPACT
10 ARTICLE I
11 Purpose and Policy
12 The party states, desiring by common action to fully utilize
13 and improve their institutional facilities and provide adequate
14 programs for the confinement, treatment and rehabilitation of
15 various types of offenders, declare that it is the policy of
16 each of the party states to provide such facilities and programs
17 on a basis of cooperation with one another, thereby serving the
18 best interests of such offenders and of society and effecting
19 economies in capital expenditures and operational costs. The
20 purpose of this compact is to provide for the mutual development
21 and execution of such programs of cooperation for the
22 confinement, treatment and rehabilitation of offenders with the
23 most economical use of human and material resources.
24 ARTICLE II
25 Definitions
26 As used in this compact, unless the context clearly requires
27 otherwise:
28 (a) "State" means a state of the United States; the United
29 States of America; a territory or possession of the United
30 States; the District of Columbia; the Commonwealth of Puerto
20050S0506B0539 - 189 -
1 Rico.
2 (b) "Sending state" means a state party to this compact in
3 which conviction or court commitment was had.
4 (c) "Receiving state" means a state party to this compact to
5 which an inmate is sent for confinement other than a state in
6 which conviction or court commitment was had.
7 (d) "Inmate" means a male or female offender who is
8 committed, under sentence to or confined in a penal or
9 correctional institution.
10 (e) "Institution" means any penal or correctional facility,
11 including but not limited to a facility for the mentally ill or
12 mentally defective, in which inmates as defined in (d) above may
13 lawfully be confined.
14 ARTICLE III
15 Contracts
16 (a) Each party state may make one or more contracts with any
17 one or more of the other party states for the confinement of
18 inmates on behalf of a sending state in institutions situated
19 within receiving states. Any such contract shall provide for:
20 1. Its duration.
21 2. Payments to be made to the receiving state by the sending
22 state for inmate maintenance, extraordinary medical and dental
23 expenses, and any participation in or receipt by inmates of
24 rehabilitative or correctional services, facilities, programs or
25 treatment not reasonably included as part of normal maintenance.
26 3. Participation in programs of inmate employment, if any,
27 the disposition or crediting of any payments received by inmates
28 on account thereof; and the crediting of proceeds from or
29 disposal of any products resulting therefrom.
30 4. Delivery and retaking of inmates.
20050S0506B0539 - 190 -
1 5. Such other matters as may be necessary and appropriate to
2 fix the obligations, responsibilities and rights of the sending
3 and receiving states.
4 (b) The terms and provisions of this compact shall be a part
5 of any contract entered into by the authority of or pursuant
6 thereto, and nothing in any such contract shall be inconsistent
7 therewith.
8 ARTICLE IV
9 Procedures and Rights
10 (a) Whenever the duly constituted authorities in a state
11 party to this compact, and which has entered into a contract
12 pursuant to Article III, shall decide that confinement in, or
13 transfer of an inmate to, an institution within the territory of
14 another party state is necessary or desirable in order to
15 provide adequate quarters and care or an appropriate program of
16 rehabilitation or treatment, said officials may direct that the
17 confinement be within an institution within the territory of
18 said other party state, the receiving state to act in that
19 regard solely as agent for the sending state.
20 (b) The appropriate officials of any state party to this
21 compact shall have access, at all reasonable times, to any
22 institution in which it has a contractual right to confine
23 inmates for the purpose of inspecting the facilities thereof and
24 visiting such of its inmates as may be confined in the
25 institution.
26 (c) Inmates confined in an institution pursuant to the terms
27 of this compact shall at all times be subject to the
28 jurisdiction of the sending state and may at any time be removed
29 therefrom for transfer to a prison or other institution within
30 the sending state, for transfer to another institution in which
20050S0506B0539 - 191 -
1 the sending state may have a contractual or other right to
2 confine inmates, for release on probation or parole, for
3 discharge, or for any other purpose permitted by the laws of the
4 sending state; provided that the sending state shall continue to
5 be obligated to such payments as may be required pursuant to the
6 terms of any contract entered into under the terms of Article
7 III.
8 (d) Each receiving state shall provide regular reports to
9 each sending state on the inmates of that sending state in
10 institutions pursuant to this compact including a conduct record
11 of each inmate and certify said record to the official
12 designated by the sending state, in order that each inmate may
13 have official review of his or her record in determining and
14 altering the disposition of said inmate in accordance with the
15 law which may obtain in the sending state and in order that the
16 same may be a source of information for the sending state.
17 (e) All inmates who may be confined in an institution
18 pursuant to the provisions of this compact shall be treated in a
19 reasonable and humane manner and shall be treated equally with
20 such similar inmates of the receiving state as may be confined
21 in the same institution. The fact of confinement in a receiving
22 state shall not deprive any inmate so confined of any legal
23 rights which said inmate would have had if confined in an
24 appropriate institution of the sending state.
25 (f) Any hearing or hearings to which an inmate confined
26 pursuant to this compact may be entitled by the laws of the
27 sending state may be had before the appropriate authorities of
28 the sending state, or of the receiving state if authorized by
29 the sending state. The receiving state shall provide adequate
30 facilities for such hearings as may be conducted by the
20050S0506B0539 - 192 -
1 appropriate officials of a sending state. In the event such
2 hearing or hearings are had before officials of the receiving
3 state, the governing law shall be that of the sending state and
4 a record of the hearing or hearings as prescribed by the sending
5 state shall be made. Said record together with any
6 recommendations of the hearing officials shall be transmitted
7 forthwith to the official or officials before whom the hearing
8 would have been had if it had taken place in the sending state.
9 In any and all proceedings had pursuant to the provisions of
10 this subdivision, the officials of the receiving state shall act
11 solely as agents of the sending state and no final determination
12 shall be made in any matter except by the appropriate officials
13 of the sending state.
14 (g) Any inmate confined pursuant to this compact shall be
15 released within the territory of the sending state unless the
16 inmate, and the sending and receiving states, shall agree upon
17 release in some other place. The sending state shall bear the
18 cost of such return to its territory.
19 (h) Any inmate confined pursuant to the terms of this
20 compact shall have any and all rights to participate in and
21 derive any benefits or incur or be relieved of any obligations
22 or have such obligations modified or his status changed on
23 account of any action or proceeding in which he could have
24 participated if confined in any appropriate institution of the
25 sending state located within such state.
26 (i) The parent, guardian, trustee, or other person or
27 persons entitled under the laws of the sending state to act for,
28 advise, or otherwise function with respect to any inmate shall
29 not be deprived of or restricted in his exercise of any power in
30 respect of any inmate confined pursuant to the terms of this
20050S0506B0539 - 193 -
1 compact.
2 ARTICLE V
3 Acts Not Reviewable in Receiving State: Extradition
4 (a) Any decision of the sending state in respect of any
5 matter over which it retains jurisdiction pursuant to this
6 compact shall be conclusive upon and not reviewable within the
7 receiving state, but if at the time the sending state seeks to
8 remove an inmate from an institution in the receiving state
9 there is pending against the inmate within such state any
10 criminal charge or if the inmate is formally accused of having
11 committed within such state a criminal offense, the inmate shall
12 not be returned without the consent of the receiving state until
13 discharged from prosecution or other form of proceeding,
14 imprisonment or detention for such offense. The duly accredited
15 officers of the sending state shall be permitted to transport
16 inmates pursuant to this compact through any and all states
17 party to this compact without interference.
18 (b) An inmate who escapes from an institution in which he is
19 confined pursuant to this compact shall be deemed a fugitive
20 from the sending state and from the state in which the
21 institution is situated. In the case of an escape to a
22 jurisdiction other than the sending or receiving state, the
23 responsibility for institution of extradition or rendition
24 proceedings shall be that of the sending state, but nothing
25 contained herein shall be construed to prevent or affect the
26 activities of officers and agencies of any jurisdiction directed
27 toward the apprehension and return of an escapee.
28 ARTICLE VI
29 Federal Aid
30 Any state party to this compact may accept Federal aid for
20050S0506B0539 - 194 -
1 use in connection with any institution or program, the use of
2 which is or may be affected by this compact or any contract
3 pursuant hereto and any inmate in a receiving state pursuant to
4 this compact may participate in any such Federally aided program
5 or activity for which the sending and receiving states have made
6 contractual provisions, provided that if such program or
7 activity is not part of the customary correctional regimen, the
8 express consent of the appropriate official of the sending state
9 shall be required therefor.
10 ARTICLE VII
11 Entry into Force
12 This compact shall enter into force and become effective and
13 binding upon the states so acting when it has been enacted into
14 law by any two states. Thereafter, this compact shall enter into
15 force and become effective and binding as to any other of said
16 states upon similar action by such state.
17 ARTICLE VIII
18 Withdrawal and Termination
19 This compact shall continue in force and remain binding upon
20 a party state until it shall have enacted a statute repealing
21 the same and providing for the sending of formal written notice
22 of withdrawal from the compact to the appropriate officials of
23 all other party states. An actual withdrawal shall not take
24 effect until one year after the notices provided in said statute
25 have been sent. Such withdrawal shall not relieve the
26 withdrawing state from its obligations assumed hereunder prior
27 to the effective date of withdrawal. Before the effective date
28 of withdrawal, a withdrawing state shall remove to its
29 territory, at its own expense, such inmates as it may have
30 confined pursuant to the provisions of this compact.
20050S0506B0539 - 195 -
1 ARTICLE IX
2 Other Arrangements Unaffected
3 Nothing contained in this compact shall be construed to
4 abrogate or impair any agreement or other arrangement which a
5 party state may have with a non-party state for the confinement,
6 rehabilitation or treatment of inmates nor to repeal any other
7 laws of a party state authorizing the making of cooperative
8 institutional arrangements.
9 ARTICLE X
10 Construction and Severability
11 The provisions of this compact shall be liberally construed
12 and shall be severable. If any phrase, clause, sentence or
13 provision of this compact is declared to be contrary to the
14 Constitution of any participating state or of the United States
15 or the applicability thereof to any government, agency, person
16 or circumstance is held invalid, the validity of the remainder
17 of this compact and the applicability thereof to any government,
18 agency, person or circumstance shall not be affected thereby. If
19 this compact shall be held contrary to the Constitution of any
20 state participating therein, the compact shall remain in full
21 force and effect as to the remaining states and in full force
22 and effect as to the state affected as to all severable matters.
23 § 7103. Powers.
24 The Attorney General or his designee is hereby authorized and
25 directed to do all things necessary or incidental to the
26 carrying out of the compact in every particular except that no
27 contract for the confinement of inmates in the institutions of
28 this State shall be entered into unless the Attorney General or
29 the Secretary of Corrections has first determined that the
30 inmates are acceptable, notwithstanding the provisions of
20050S0506B0539 - 196 -
1 Article IX-B of the act of April 9, 1929 (P.L.177, No.175),
2 known as the Administrative Code of 1929. The Attorney General
3 or his designee shall not enter into a contract pursuant to
4 Article III of the compact relating to inmates who are mentally
5 ill or mentally retarded without consultation with the Secretary
6 of Public Welfare.
7 SUBCHAPTER B
8 INTERSTATE COMPACT FOR THE SUPERVISION OF ADULT OFFENDERS
9 Sec.
10 7111. Short title of subchapter.
11 7112. Authority to execute compact.
12 7113. When and how compact becomes operative.
13 7114. State council and compact administrator.
14 § 7111. Short title of subchapter.
15 This subchapter shall be known and may be cited as the
16 Interstate Compact for the Supervision of Adult Offenders Act.
17 § 7112. Authority to execute compact.
18 The Governor of Pennsylvania, on behalf of this State, is
19 hereby authorized to execute a compact in substantially the
20 following form with any one or more of the states of the United
21 States, and the General Assembly hereby signifies in advance its
22 approval and ratification of such compact:
23 ARTICLE I
24 PURPOSE
25 The compacting states to this Interstate Compact recognize
26 that each state is responsible for the supervision of adult
27 offenders in the community who are authorized pursuant to the
28 Bylaws and Rules of this compact to travel across state lines
29 both to and from each compacting state in such a manner as to
30 track the location of offenders, transfer supervision authority
20050S0506B0539 - 197 -
1 in an orderly and efficient manner, and when necessary return
2 offenders to the originating jurisdictions. The compacting
3 states also recognize that Congress, by enacting the Crime
4 Control Act, 4 U.S.C. § 112 (relating to compacts between States
5 for cooperation in prevention of crime; consent of Congress),
6 has authorized and encouraged compacts for cooperative efforts
7 and mutual assistance in the prevention of crime. It is the
8 purpose of this compact and the Interstate Commission created
9 hereunder, through means of joint and cooperative action among
10 the compacting states: to provide the framework for the
11 promotion of public safety and protect the rights of victims
12 through the control and regulation of the interstate movement of
13 offenders in the community; to provide for the effective
14 tracking, supervision, and rehabilitation of these offenders by
15 the sending and receiving states; and to equitably distribute
16 the costs, benefits and obligations of the compact among the
17 compacting states. In addition, this compact will: create an
18 Interstate Commission which will establish uniform procedures to
19 manage the movement between states of adults placed under
20 community supervision and released to the community under the
21 jurisdiction of courts, paroling authorities, corrections or
22 other criminal justice agencies which will promulgate rules to
23 achieve the purpose of this compact; ensure an opportunity for
24 input and timely notice to victims and to jurisdictions where
25 defined offenders are authorized to travel or to relocate across
26 state lines; establish a system of uniform data collection,
27 access to information on active cases by authorized criminal
28 justice officials, and regular reporting of Compact activities
29 to heads of state councils, state executive, judicial, and
30 legislative branches and criminal justice administrators;
20050S0506B0539 - 198 -
1 monitor compliance with rules governing interstate movement of
2 offenders and initiate interventions to address and correct non-
3 compliance; and coordinate training and education regarding
4 regulations of interstate movement of offenders for officials
5 involved in such activity. The compacting states recognize that
6 there is no "right" of any offender to live in another state and
7 that duly accredited officers of a sending state may at all
8 times enter a receiving state and there apprehend and retake any
9 offender under supervision subject to the provisions of this
10 compact and Bylaws and Rules promulgated hereunder. It is the
11 policy of the compacting states that the activities conducted by
12 the Interstate Commission created herein are the formation of
13 public policies and are therefore public business.
14 ARTICLE II
15 DEFINITIONS
16 As used in this compact, unless the context clearly requires
17 a different construction:
18 "Adult" means both individuals legally classified as adults
19 and juveniles treated as adults by court order, statute, or
20 operation of law.
21 "Bylaws" means those Bylaws established by the Interstate
22 Commission for its governance, or for directing or controlling
23 the Interstate Commission's actions or conduct.
24 "Compact Administrator" means the individual in each
25 compacting state appointed pursuant to the terms of this compact
26 responsible for the administration and management of the state's
27 supervision and transfer of offenders subject to the terms of
28 this compact, the rules adopted by the Interstate Commission and
29 policies adopted by the State Council under this compact.
30 "Compacting state" means any state which has enacted the
20050S0506B0539 - 199 -
1 enabling legislation for this compact.
2 "Commissioner" means the voting representative of each
3 compacting state appointed pursuant to Article III of this
4 compact.
5 "Interstate Commission" means the Interstate Commission for
6 Adult Offender Supervision established by this compact.
7 "Member" means the commissioner of a compacting state or
8 designee, who shall be a person officially connected with the
9 commissioner.
10 "Non-compacting state" means any state which has not enacted
11 the enabling legislation for this compact.
12 "Offender" means an adult placed under, or subject to,
13 supervision as the result of the commission of a criminal
14 offense and released to the community under the jurisdiction of
15 courts, paroling authorities, corrections, or other criminal
16 justice agencies.
17 "Person" means any individual, corporation, business
18 enterprise, or other legal entity, either public or private.
19 "Rules" means acts of the Interstate Commission, duly
20 promulgated pursuant to Article VIII of this compact,
21 substantially affecting interested parties in addition to the
22 Interstate Commission, which shall have the force and effect of
23 law in the compacting states.
24 "State" means a state of the United States, the District of
25 Columbia and any other territorial possessions of the United
26 States.
27 "State Council" means the resident members of the State
28 Council for Interstate Adult Offender Supervision created by
29 each state under Article III of this compact.
30 ARTICLE III
20050S0506B0539 - 200 -
1 THE COMPACT COMMISSION
2 The compacting states hereby create the "Interstate
3 Commission for Adult Offender Supervision." The Interstate
4 Commission shall be a body corporate and joint agency of the
5 compacting states. The Interstate Commission shall have all the
6 responsibilities, powers and duties set forth herein, including
7 the power to sue and be sued, and such additional powers as may
8 be conferred upon it by subsequent action of the respective
9 legislatures of the compacting states in accordance with the
10 terms of this compact. The Interstate Commission shall consist
11 of Commissioners selected and appointed by resident members of a
12 State Council for Interstate Adult Offender Supervision for each
13 state.
14 In addition to the Commissioners who are the voting
15 representatives of each state, the Interstate Commission shall
16 include individuals who are not commissioners but who are
17 members of interested organizations; such non-commissioner
18 members must include a member of the national organizations of
19 governors, legislators, state chief justices, attorneys general
20 and crime victims. All non-commissioner members of the
21 Interstate Commission shall be ex-officio (non-voting) members.
22 The Interstate Commission may provide in its Bylaws for such
23 additional, ex-officio, non-voting members as it deems
24 necessary.
25 Each compacting state represented at any meeting of the
26 Interstate Commission is entitled to one vote. A majority of the
27 compacting states shall constitute a quorum for the transaction
28 of business, unless a larger quorum is required by the Bylaws of
29 the Interstate Commission.
30 The Interstate Commission shall meet at least once each
20050S0506B0539 - 201 -
1 calendar year. The chairperson may call additional meetings and,
2 upon the request of 27 or more compacting states, shall call
3 additional meetings. Public notice shall be given of all
4 meetings and meetings shall be open to the public.
5 The Interstate Commission shall establish an Executive
6 Committee which shall include commission officers, members and
7 others as shall be determined by the Bylaws. The Executive
8 Committee shall have the power to act on behalf of the
9 Interstate Commission during periods when the Interstate
10 Commission is not in session, with the exception of rulemaking
11 and/or amendment to the Compact. The Executive Committee
12 oversees the day-to-day activities managed by the Executive
13 Director and Interstate Commission staff; administers
14 enforcement and compliance with the provisions of the compact,
15 its Bylaws and as directed by the Interstate Commission and
16 performs other duties as directed by Commission or set forth in
17 the Bylaws.
18 ARTICLE IV
19 THE STATE COUNCIL
20 Each member state shall create a State Council for Interstate
21 Adult Offender Supervision which shall be responsible for the
22 appointment of the commissioner who shall serve on the
23 Interstate Commission from that state. Each state council shall
24 appoint as its commissioner the Compact Administrator from that
25 state to serve on the Interstate Commission in such capacity
26 under or pursuant to applicable law of the member state. While
27 each member state may determine the membership of its own state
28 council, its membership must include at least one representative
29 from the legislative, judicial, and executive branches of
30 government, victims groups and compact administrators. Each
20050S0506B0539 - 202 -
1 compacting state retains the right to determine the
2 qualifications of the Compact Administrator who shall be
3 appointed by the Governor in consultation with the Legislature
4 and the Judiciary. In addition to appointment of its
5 commissioner to the National Interstate Commission, each state
6 council shall exercise oversight and advocacy concerning its
7 participation in Interstate Commission activities and other
8 duties as may be determined by each member state, including, but
9 not limited to, development of policy concerning operations and
10 procedures of the compact within that state.
11 ARTICLE V
12 POWERS AND DUTIES OF THE INTERSTATE COMMISSION
13 The Interstate Commission shall have the following powers:
14 To adopt a seal and suitable Bylaws governing the
15 management and operation of the Interstate Commission.
16 To promulgate rules which shall have the force and effect
17 of statutory law and shall be binding in the compacting
18 states to the extent and in the manner provided in this
19 compact.
20 To oversee, supervise and coordinate the interstate
21 movement of offenders subject to the terms of this compact
22 and any Bylaws adopted and rules promulgated by the compact
23 commission.
24 To enforce compliance with compact provisions, Interstate
25 Commission rules, and Bylaws, using all necessary and proper
26 means, including, but not limited to, the use of judicial
27 process.
28 To establish and maintain offices.
29 To purchase and maintain insurance and bonds.
30 To borrow, accept, or contract for services of personnel,
20050S0506B0539 - 203 -
1 including, but not limited to, members and their staffs.
2 To establish and appoint committees and hire staff which
3 it deems necessary for the carrying out of its functions
4 including, but not limited to, an executive committee as
5 required by Article III which shall have the power to act on
6 behalf of the Interstate Commission in carrying out its
7 powers and duties hereunder.
8 To elect or appoint such officers, attorneys, employees,
9 agents, or consultants, and to fix their compensation, define
10 their duties and determine their qualifications; and to
11 establish the Interstate Commission's personnel policies and
12 programs relating to, among other things, conflicts of
13 interest, rates of compensation, and qualifications of
14 personnel.
15 To accept any and all donations and grants of money,
16 equipment, supplies, materials, and services, and to receive,
17 utilize, and dispose of same.
18 To lease, purchase, accept contributions or donations of,
19 or otherwise to own, hold, improve or use any property, real,
20 personal, or mixed.
21 To sell, convey, mortgage, pledge, lease, exchange,
22 abandon, or otherwise dispose of any property, real, personal
23 or mixed.
24 To establish a budget and make expenditures and levy dues
25 as provided in Article X of this compact.
26 To sue and be sued.
27 To provide for dispute resolution among Compacting
28 States.
29 To perform such functions as may be necessary or
30 appropriate to achieve the purposes of this compact.
20050S0506B0539 - 204 -
1 To report annually to the legislatures, governors,
2 judiciary, and state councils of the compacting states
3 concerning the activities of the Interstate Commission during
4 the preceding year. Such reports shall also include any
5 recommendations that may have been adopted by the Interstate
6 Commission.
7 To coordinate education, training and public awareness
8 regarding the interstate movement of offenders for officials
9 involved in such activity.
10 To establish uniform standards for the reporting,
11 collecting, and exchanging of data.
12 ARTICLE VI
13 ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
14 Section A. Bylaws
15 The Interstate Commission shall, by a majority of the
16 Members, within twelve months of the first Interstate Commission
17 meeting, adopt Bylaws to govern its conduct as may be necessary
18 or appropriate to carry out the purposes of the Compact,
19 including, but not limited to: establishing the fiscal year of
20 the Interstate Commission; establishing an executive committee
21 and such other committees as may be necessary; providing
22 reasonable standards and procedures:
23 (i) for the establishment of committees, and
24 (ii) governing any general or specific delegation of any
25 authority or function of the Interstate Commission;
26 providing reasonable procedures for calling and conducting
27 meetings of the Interstate Commission, and ensuring reasonable
28 notice of each such meeting; establishing the titles and
29 responsibilities of the officers of the Interstate Commission;
30 providing reasonable standards and procedures for the
20050S0506B0539 - 205 -
1 establishment of the personnel policies and programs of the
2 Interstate Commission. Notwithstanding any civil service or
3 other similar laws of any Compacting State, the Bylaws shall
4 exclusively govern the personnel policies and programs of the
5 Interstate Commission; and providing a mechanism for winding up
6 the operations of the Interstate Commission and the equitable
7 return of any surplus funds that may exist upon the termination
8 of the Compact after the payment and/or reserving of all of its
9 debts and obligations; providing transition rules for "start up"
10 administration of the Compact; establishing standards and
11 procedures for compliance and technical assistance in carrying
12 out the Compact.
13 Section B. Officers and Staff
14 The Interstate Commission shall, by a majority of the
15 Members, elect from among its Members a chairperson and a vice
16 chairperson, each of whom shall have such authorities and duties
17 as may be specified in the Bylaws. The chairperson or, in his or
18 her absence or disability, the vice chairperson, shall preside
19 at all meetings of the Interstate Commission. The Officers so
20 elected shall serve without compensation or remuneration from
21 the Interstate Commission; PROVIDED THAT, subject to the
22 availability of budgeted funds, the officers shall be reimbursed
23 for any actual and necessary costs and expenses incurred by them
24 in the performance of their duties and responsibilities as
25 officers of the Interstate Commission.
26 The Interstate Commission shall, through its executive
27 committee, appoint or retain an executive director for such
28 period, upon such terms and conditions and for such compensation
29 as the Interstate Commission may deem appropriate. The executive
30 director shall serve as secretary to the Interstate Commission,
20050S0506B0539 - 206 -
1 and hire and supervise such other staff as may be authorized by
2 the Interstate Commission, but shall not be a Member.
3 Section C. Corporate Records of the Interstate Commission
4 The Interstate Commission shall maintain its corporate books
5 and records in accordance with the Bylaws.
6 Section D. Qualified Immunity, Defense and Indemnification
7 The Members, officers, executive director and employees of
8 the Interstate Commission shall be immune from suit and
9 liability, either personally or in their official capacity, for
10 any claim for damage to or loss of property or personal injury
11 or other civil liability caused or arising out of any actual or
12 alleged act, error or omission that occurred within the scope of
13 Interstate Commission employment, duties or responsibilities;
14 PROVIDED, that nothing in this paragraph shall be construed to
15 protect any such person from suit and/or liability for any
16 damage, loss injury or liability caused by the intentional or
17 willful and wanton misconduct of any such person.
18 The Interstate Commission shall defend the Commissioner of a
19 Compacting State, or his or her representatives or employees, or
20 the Interstate Commission's representatives or employees, in any
21 civil action seeking to impose liability, arising out of any
22 actual or alleged act, error or omission that occurred within
23 the scope of Interstate Commission employment, duties or
24 responsibilities, or that the defendant had a reasonable basis
25 for believing occurred within the scope of Interstate Commission
26 employment, duties or responsibilities; PROVIDED, that the
27 actual or alleged act, error or omission did not result from
28 intentional wrongdoing on the part of such person.
29 The Interstate Commission shall indemnify and hold the
30 Commissioner of a Compacting State, the appointed designee or
20050S0506B0539 - 207 -
1 employees, or the Interstate Commission's representatives or
2 employees, harmless in the amount of any settlement or judgment
3 obtained against such persons arising out of any actual or
4 alleged act, error or omission that occurred within the scope of
5 Interstate Commission employment, duties or responsibilities, or
6 that such persons had a reasonable basis for believing occurred
7 within the scope of Interstate Commission employment, duties or
8 responsibilities, PROVIDED, that the actual or alleged act,
9 error or omission did not result from gross negligence or
10 intentional wrongdoing on the part of such person.
11 ARTICLE VII
12 ACTIVITIES OF THE INTERSTATE COMMISSION
13 The Interstate Commission shall meet and take such actions as
14 are consistent with the provisions of this Compact.
15 Except as otherwise provided in this Compact and unless a
16 greater percentage is required by the Bylaws, in order to
17 constitute an act of the Interstate Commission, such act shall
18 have been taken at a meeting of the Interstate Commission and
19 shall have received an affirmative vote of a majority of the
20 Members present.
21 Each Member of the Interstate Commission shall have the right
22 and power to cast a vote to which that Compacting State is
23 entitled and to participate in the business and affairs of the
24 Interstate Commission. A Member shall vote in person on behalf
25 of the state and shall not delegate a vote to another member
26 state. However, a State Council shall appoint another authorized
27 representative, in the absence of the commissioner from that
28 state, to cast a vote on behalf of the member state at a
29 specified meeting. The Bylaws may provide for Members'
30 participation in meetings by telephone or other means of
20050S0506B0539 - 208 -
1 telecommunication or electronic communication. Any voting
2 conducted by telephone, or other means of telecommunication or
3 electronic communication shall be subject to the same quorum
4 requirements of meetings where members are present in person.
5 The Interstate Commission shall meet at least once during each
6 calendar year. The chairperson of the Interstate Commission may
7 call additional meetings at any time and, upon the request of a
8 majority of the Members, shall call additional meetings.
9 The Interstate Commission's Bylaws shall establish conditions
10 and procedures under which the Interstate Commission shall make
11 its information and official records available to the public for
12 inspection or copying. The Interstate Commission may exempt from
13 disclosure any information or official records to the extent
14 they would adversely affect personal privacy rights or
15 proprietary interests. In promulgating such Rules, the
16 Interstate Commission may make available to law enforcement
17 agencies records and information otherwise exempt from
18 disclosure, and may enter into agreements with law enforcement
19 agencies to receive or exchange information or records subject
20 to nondisclosure and confidentiality provisions.
21 Public notice shall be given of all meetings and all meetings
22 shall be open to the public, except as set forth in the Rules or
23 as otherwise provided in the Compact. The Interstate Commission
24 shall promulgate Rules consistent with the principles contained
25 in the "Government in Sunshine Act," 5 U.S.C. Section 552(b), as
26 may be amended. The Interstate Commission and any of its
27 committees may close a meeting to the public where it determines
28 by two-thirds vote that an open meeting would be likely to:
29 relate solely to the Interstate Commission's internal
30 personnel practices and procedures;
20050S0506B0539 - 209 -
1 disclose matters specifically exempted from disclosure by
2 statute;
3 disclose trade secrets or commercial or financial
4 information which is privileged or confidential;
5 involve accusing any person of a crime, or formally
6 censuring any person;
7 disclose information of a personal nature where
8 disclosure would constitute a clearly unwarranted invasion of
9 personal privacy;
10 disclose investigatory records compiled for law
11 enforcement purposes;
12 disclose information contained in or related to
13 examination, operating or condition reports prepared by, or
14 on behalf of or for the use of, the Interstate Commission
15 with respect to a regulated entity for the purpose of
16 regulation or supervision of such entity;
17 disclose information, the premature disclosure of which
18 would significantly endanger the life of a person or the
19 stability of a regulated entity;
20 specifically relate to the Interstate Commission's
21 issuance of a subpoena, or its participation in a civil
22 action or proceeding.
23 For every meeting closed pursuant to this provision, the
24 Interstate Commission's chief legal officer shall publicly
25 certify that, in his or her opinion, the meeting may be closed
26 to the public, and shall reference each relevant exemptive
27 provision. The Interstate Commission shall keep minutes which
28 shall fully and clearly describe all matters discussed in any
29 meeting and shall provide a full and accurate summary of any
30 actions taken, and the reasons therefor, including a description
20050S0506B0539 - 210 -
1 of each of the views expressed on any item and the record of any
2 roll call vote (reflected in the vote of each Member on the
3 question). All documents considered in connection with any
4 action shall be identified in such minutes.
5 The Interstate Commission shall collect standardized data
6 concerning the interstate movement of offenders as directed
7 through its Bylaws and Rules which shall specify the data to be
8 collected and the means of collection and data exchange and
9 reporting requirements.
10 ARTICLE VIII
11 RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
12 The Interstate Commission shall promulgate Rules in order to
13 effectively and efficiently achieve the purposes of the Compact
14 including transition rules governing administration of the
15 Compact during the period in which it is being considered and
16 enacted by the states.
17 Rulemaking shall occur pursuant to the criteria set forth in
18 this Article and the Bylaws and Rules adopted pursuant thereto.
19 Such rulemaking shall substantially conform to the principles of
20 the Federal Administrative Procedure Act, 5 U.S.C. Ch. 5 Subchs.
21 II (relating to administrative procedure) and III (relating to
22 negotiated rulemaking procedure), and the Federal Advisory
23 Committee Act, 5 U.S.C.S. app. 2, section 1 et seq., as may be
24 amended (hereinafter "APA").
25 All Rules and amendments shall become binding as of the date
26 specified in each Rule or amendment.
27 If a majority of the legislatures of the Compacting States
28 rejects a Rule, by enactment of a statute or resolution in the
29 same manner used to adopt the compact, then such Rule shall have
30 no further force and effect in any Compacting State.
20050S0506B0539 - 211 -
1 When promulgating a Rule, the Interstate Commission shall:
2 publish the proposed Rule stating with particularity the
3 text of the Rule which is proposed and the reason for the
4 proposed Rule;
5 allow persons to submit written data, facts, opinions and
6 arguments, which information shall be publicly available;
7 provide an opportunity for an informal hearing; and
8 promulgate a final Rule and its effective date, if
9 appropriate, based on the rulemaking record.
10 Not later than sixty days after a Rule is promulgated, any
11 interested person may file a petition in the United States
12 District Court for the District of Columbia or in the Federal
13 District Court where the Interstate Commission's principal
14 office is located for judicial review of such Rule. If the court
15 finds that the Interstate Commission's action is not supported
16 by substantial evidence, (as defined in the APA), in the
17 rulemaking record, the court shall hold the Rule unlawful and
18 set it aside.
19 Subjects to be addressed within 12 months after the first
20 meeting must at a minimum include:
21 notice to victims and opportunity to be heard;
22 offender registration and compliance;
23 violations/ returns;
24 transfer procedures and forms;
25 eligibility for transfer;
26 collection of restitution and fees from offenders;
27 data collection and reporting;
28 the level of supervision to be provided by the receiving
29 state;
30 transition rules governing the operation of the compact
20050S0506B0539 - 212 -
1 and the Interstate Commission during all or part of the
2 period between the effective date of the compact and the date
3 on which the last eligible state adopts the compact;
4 mediation, arbitration and dispute resolution.
5 The existing rules governing the operation of the previous
6 compact superceded by this Act shall be null and void twelve
7 (12) months after the first meeting of the Interstate Commission
8 created hereunder.
9 Upon determination by the Interstate Commission that an
10 emergency exists, it may promulgate an emergency rule which
11 shall become effective immediately upon adoption, provided that
12 the usual rulemaking procedures provided hereunder shall be
13 retroactively applied to said rule as soon as reasonably
14 possible, in no event later than 90 days after the effective
15 date of the rule.
16 ARTICLE IX
17 OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION BY THE INTERSTATE
18 COMMISSION
19 Section A. Oversight
20 The Interstate Commission shall oversee the interstate
21 movement of adult offenders in the compacting states and shall
22 monitor such activities being administered in Non-compacting
23 States which may significantly affect Compacting States.
24 The courts and executive agencies in each Compacting State
25 shall enforce this Compact and shall take all actions necessary
26 and appropriate to effectuate the Compact's purposes and intent.
27 In any judicial or administrative proceeding in a Compacting
28 State pertaining to the subject matter of this Compact which may
29 affect the powers, responsibilities or actions of the Interstate
30 Commission, the Interstate Commission shall be entitled to
20050S0506B0539 - 213 -
1 receive all service of process in any such proceeding, and shall
2 have standing to intervene in the proceeding for all purposes.
3 Section B. Dispute Resolution
4 The Compacting States shall report to the Interstate
5 Commission on issues or activities of concern to them, and
6 cooperate with and support the Interstate Commission in the
7 discharge of its duties and responsibilities.
8 The Interstate Commission shall attempt to resolve any
9 disputes or other issues which are subject to the compact and
10 which may arise among Compacting States and Non-compacting
11 States.
12 The Interstate Commission shall enact a Bylaw or promulgate a
13 Rule providing for both mediation and binding dispute resolution
14 for disputes among the Compacting States.
15 Section C. Enforcement
16 The Interstate Commission, in the reasonable exercise of its
17 discretion, shall enforce the provisions of this compact using
18 any or all means set forth in Article XII, Section B, of this
19 compact.
20 Section D. Extradition
21 The duly accredited officers of a sending state may at all
22 times enter a receiving state, and there apprehend and retake
23 any person on probation or parole. For that purpose, no
24 formalities will be required other than establishing the
25 authority of the officer and the identity of the person to be
26 retaken. All legal requirements to obtain extradition of
27 fugitives from justice are hereby expressly waived on the part
28 of states party hereto as to such persons. The decision of the
29 sending state to retake a person on probation or parole shall be
30 conclusive upon and not reviewable within the receiving state.
20050S0506B0539 - 214 -
1 If at the time when a state seeks to retake a probationer or
2 parolee, there should be pending against him within the
3 receiving state any criminal charge, or he is suspected of
4 having committed within such state a criminal offense, he shall
5 not be retaken without the consent of the receiving state until
6 discharged from prosecution or from imprisonment for such
7 offense. The duly accredited officers of the sending state will
8 be permitted to transport prisoners being retaken through any
9 and all states parties to this compact without interference.
10 ARTICLE X
11 FINANCE
12 The Interstate Commission shall pay or provide for the
13 payment of the reasonable expenses of its establishment,
14 organization and ongoing activities.
15 The Interstate Commission shall levy on and collect an annual
16 assessment from each Compacting State to cover the cost of the
17 internal operations and activities of the Interstate Commission
18 and its staff which must be in a total amount sufficient to
19 cover the Interstate Commission's annual budget as approved each
20 year. The aggregate annual assessment amount shall be allocated
21 based upon a formula to be determined by the Interstate
22 Commission, taking into consideration the population of the
23 state and the volume of interstate movement of offenders in each
24 Compacting State and shall promulgate a Rule binding upon all
25 Compacting States which governs said assessment.
26 The Interstate Commission shall not incur any obligations of
27 any kind prior to securing the funds adequate to meet the same;
28 nor shall the Interstate Commission pledge the credit of any of
29 the Compacting States, except by and with the authority of the
30 Compacting State.
20050S0506B0539 - 215 -
1 The Interstate Commission shall keep accurate accounts of all
2 receipts and disbursements. The receipts and disbursements of
3 the Interstate Commission shall be subject to the audit and
4 accounting procedures established under its Bylaws. However, all
5 receipts and disbursements of funds handled by the Interstate
6 Commission shall be audited yearly by a certified or licensed
7 public accountant and the report of the audit shall be included
8 in and become part of the annual report of the Interstate
9 Commission.
10 ARTICLE XI
11 COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT
12 Any state, as defined in Article II of this Compact, is
13 eligible to become a Compacting State. The Compact shall become
14 effective and binding upon legislative enactment of the Compact
15 into law by no less than 35 of the States. The initial effective
16 date shall be the later of July 1, 2001, or upon enactment into
17 law by the 35th jurisdiction. Thereafter it shall become
18 effective and binding, as to any other Compacting State, upon
19 enactment of the Compact into law by that State. The governors
20 of Non-member states or their designees will be invited to
21 participate in Interstate Commission activities on a non-voting
22 basis prior to adoption of the Compact by all states and
23 territories of the United States.
24 Amendments to the Compact may be proposed by the Interstate
25 Commission for enactment by the Compacting States. No amendment
26 shall become effective and binding upon the Interstate
27 Commission and the Compacting States unless and until it is
28 enacted into law by unanimous consent of the Compacting States.
29 ARTICLE XII
30 WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT
20050S0506B0539 - 216 -
1 Section A. Withdrawal
2 Once effective, the Compact shall continue in force and
3 remain binding upon each and every Compacting State; PROVIDED,
4 that a Compacting State may withdraw from the Compact
5 ("Withdrawing State") by enacting a statute specifically
6 repealing the statute which enacted the Compact into law. The
7 effective date of withdrawal is the effective date of the
8 repeal.
9 The Withdrawing State shall immediately notify the
10 chairperson of the Interstate Commission in writing upon the
11 introduction of legislation repealing this Compact in the
12 Withdrawing State.
13 The Interstate Commission shall notify the other Compacting
14 States of the Withdrawing State's intent to withdraw within
15 sixty days of its receipt thereof.
16 The Withdrawing State is responsible for all assessments,
17 obligations and liabilities incurred through the effective date
18 of withdrawal, including any obligations, the performance of
19 which extend beyond the effective date of withdrawal.
20 Reinstatement following withdrawal of any Compacting State
21 shall occur upon the Withdrawing State reenacting the Compact or
22 upon such later date as determined by the Interstate Commission.
23 Section B. Default
24 If the Interstate Commission determines that any Compacting
25 State has at any time defaulted ("Defaulting State") in the
26 performance of any of its obligations or responsibilities under
27 this Compact, the Bylaws or any duly promulgated Rules the
28 Interstate Commission may impose any or all of the following
29 penalties:
30 Fines, fees and costs in such amounts as are deemed to be
20050S0506B0539 - 217 -
1 reasonable as fixed by the Interstate Commission;
2 Remedial training and technical assistance as directed by
3 the Interstate Commission;
4 Suspension and termination of membership in the Compact.
5 Suspension shall be imposed only after all other reasonable
6 means of securing compliance under the Bylaws and Rules have
7 been exhausted. Immediate notice of suspension shall be given by
8 the Interstate Commission to the Governor, the Chief Justice or
9 Chief Judicial Officer of the state; the majority and minority
10 leaders of the defaulting state's legislature, and the State
11 Council.
12 The grounds for default include, but are not limited to,
13 failure of a Compacting State to perform such obligations or
14 responsibilities imposed upon it by this compact, Interstate
15 Commission Bylaws, or duly promulgated Rules. The Interstate
16 Commission shall immediately notify the Defaulting State in
17 writing of the penalty imposed by the Interstate Commission on
18 the Defaulting State pending a cure of the default. The
19 Interstate Commission shall stipulate the conditions and the
20 time period within which the Defaulting State must cure its
21 default. If the Defaulting State fails to cure the default
22 within the time period specified by the Interstate Commission,
23 in addition to any other penalties imposed herein, the
24 Defaulting State may be terminated from the Compact upon an
25 affirmative vote of a majority of the Compacting States and all
26 rights, privileges and benefits conferred by this Compact shall
27 be terminated from the effective date of suspension. Within
28 sixty days of the effective date of termination of a Defaulting
29 State, the Interstate Commission shall notify the Governor, the
30 Chief Justice or Chief Judicial Officer and the Majority and
20050S0506B0539 - 218 -
1 Minority Leaders of the Defaulting State's legislature and the
2 state council of such termination.
3 The Defaulting State is responsible for all assessments,
4 obligations and liabilities incurred through the effective date
5 of termination including any obligations, the performance of
6 which extends beyond the effective date of termination.
7 The Interstate Commission shall not bear any costs relating
8 to the Defaulting State unless otherwise mutually agreed upon
9 between the Interstate Commission and the Defaulting State.
10 Reinstatement following termination of any Compacting State
11 requires both a reenactment of the Compact by the Defaulting
12 State and the approval of the Interstate Commission pursuant to
13 the Rules.
14 Section C. Judicial Enforcement
15 The Interstate Commission may, by majority vote of the
16 Members, initiate legal action in the United States District
17 Court for the District of Columbia or, at the discretion of the
18 Interstate Commission, in the Federal District where the
19 Interstate Commission has its offices to enforce compliance with
20 the provisions of the Compact, its duly promulgated Rules and
21 Bylaws, against any Compacting State in default. In the event
22 judicial enforcement is necessary the prevailing party shall be
23 awarded all costs of such litigation including reasonable
24 attorneys fees.
25 Section D. Dissolution of Compact
26 The Compact dissolves effective upon the date of the
27 withdrawal or default of the Compacting State which reduces
28 membership in the Compact to one Compacting State.
29 Upon the dissolution of this Compact, the Compact becomes
30 null and void and shall be of no further force or effect, and
20050S0506B0539 - 219 -
1 the business and affairs of the Interstate Commission shall be
2 wound up and any surplus funds shall be distributed in
3 accordance with the Bylaws.
4 ARTICLE XIII
5 SEVERABILITY AND CONSTRUCTION
6 The provisions of this Compact shall be severable, and if any
7 phrase, clause, sentence or provision is deemed unenforceable,
8 the remaining provisions of the Compact shall be enforceable.
9 The provisions of this Compact shall be liberally constructed to
10 effectuate its purposes.
11 ARTICLE XIV
12 BINDING EFFECT OF COMPACT AND OTHER LAWS
13 Section A. Other Laws
14 Nothing herein prevents the enforcement of any other law of a
15 Compacting State that is not inconsistent with this Compact. All
16 Compacting States' laws conflicting with this Compact are
17 superseded to the extent of the conflict.
18 Section B. Binding Effect of the Compact
19 All lawful actions of the Interstate Commission, including
20 all Rules and Bylaws promulgated by the Interstate Commission,
21 are binding upon the Compacting States.
22 All agreements between the Interstate Commission and the
23 Compacting States are binding in accordance with their terms.
24 Upon the request of a party to a conflict over meaning or
25 interpretation of Interstate Commission actions, and upon a
26 majority vote of the Compacting States, the Interstate
27 Commission may issue advisory opinions regarding such meaning or
28 interpretation.
29 In the event any provision of this Compact exceeds the
30 constitutional limits imposed on the legislature of any
20050S0506B0539 - 220 -
1 Compacting State, the obligations, duties, powers or
2 jurisdiction sought to be conferred by such provision upon the
3 Interstate Commission shall be ineffective and such obligations,
4 duties, powers or jurisdiction shall remain in the Compacting
5 State and shall be exercised by the agency thereof to which such
6 obligations, duties, powers or jurisdiction are delegated by law
7 in effect at the time this Compact becomes effective.
8 § 7113. When and how compact becomes operative.
9 (a) General rule.--When the Governor executes the Interstate
10 Compact for the Supervision of Adult Offenders on behalf of this
11 State and files a verified copy thereof with the Secretary of
12 the Commonwealth and when the compact is ratified by one or more
13 other states, then the compact shall become operative and
14 effective between this State and such other state or states. The
15 Governor is hereby authorized and directed to take such action
16 as may be necessary to complete the exchange of official
17 documents between this State and any other state ratifying the
18 compact.
19 (b) Notice in Pennsylvania Bulletin.--The Secretary of the
20 Commonwealth shall publish a notice in the Pennsylvania Bulletin
21 when the conditions set forth in subsection (a) are satisfied
22 and shall include in the notice the date on which the compact
23 became effective and operative between this State and any other
24 state or states in accordance with this subchapter.
25 § 7114. State council and compact administrator.
26 (a) State council.--Consistent with Article IV of the
27 Interstate Compact for the Supervision of Adult Offenders, there
28 is hereby established the State Council for Interstate Adult
29 Offender Supervision. The council shall consist of nine members,
30 seven of whom shall be appointed by the Governor. At least two
20050S0506B0539 - 221 -
1 members shall be judges of courts of record of this Commonwealth
2 and at least one shall be a county chief probation officer, a
3 representative from the executive branch of government, a
4 representative of victims groups and the compact administrator.
5 The President pro tempore of the Senate and the Speaker of the
6 House of Representatives shall each appoint a member of the
7 General Assembly to serve as a member of the council. The term
8 of a member of the council hereafter appointed, except to fill a
9 vacancy, shall be for four years and until a successor has been
10 appointed, but in no event more than 90 days beyond the
11 expiration of the appointed term. The term of a member of the
12 council who is appointed by virtue of serving as a member of the
13 General Assembly, as a judge or as a county chief probation
14 officer shall continue only as long as the individual remains in
15 that office. A vacancy occurring in an office of a member of the
16 council by expiration of term or for any other reason shall be
17 filled by the appointing authority for the remainder of the
18 term.
19 (b) Appointment of administrator.--The compact administrator
20 shall be appointed by the Governor and shall serve as a member
21 of the State Council for the Supervision of Adult Offenders and
22 shall serve on the Interstate Commission for Adult Offender
23 Supervision established pursuant to the Interstate Compact for
24 the Supervision of Adult Offenders.
25 (c) Compensation and expenses of administrator.--The compact
26 administrator who represents this State, as provided for in
27 Article IV of the Interstate Compact for the Supervision of
28 Adult Offenders, shall not be entitled to any additional
29 compensation for his duties and responsibilities as compact
30 administrator but shall be entitled to reimbursement for
20050S0506B0539 - 222 -
1 reasonable expenses actually incurred in connection with his
2 duties and responsibilities as compact administrator in the same
3 manner as for expenses incurred in connection with other duties
4 and responsibilities of his office or employment.
5 SUBCHAPTER C
6 ADMINISTRATIVE PROVISIONS
7 Sec.
8 7121. Deputization.
9 7122. Supervision of persons paroled by other states.
10 7123. Penalty.
11 § 7121. Deputization.
12 (a) General rule.--The chairperson of the Pennsylvania Board
13 of Probation and Parole may deputize any person to act as an
14 officer and agent of the Commonwealth in effecting the return of
15 any person who has violated the terms and conditions of parole
16 or probation as granted by the Commonwealth. In any matter
17 relating to the return of such person, an agent so deputized has
18 all the powers of a police officer of this Commonwealth.
19 (b) Evidence of deputization.--A deputization under this
20 section must be in writing and a person authorized to act as an
21 agent of the Commonwealth under that authority shall carry
22 formal evidence of the deputization and shall produce it on
23 demand.
24 (c) Interstate contracts.--The chairperson of the
25 Pennsylvania Board of Probation and Parole may, subject to the
26 approval of the Auditor General, enter into contracts with
27 similar officials of any other state for the purpose of sharing
28 an equitable portion of the cost of effecting the return of any
29 person who has violated the terms and conditions of parole or
30 probation as granted by the Commonwealth.
20050S0506B0539 - 223 -
1 § 7122. Supervision of persons paroled by other states.
2 (a) General rule.--In compliance with the Federal interstate
3 compact laws and the provisions of this section, the board may
4 supervise persons who are paroled by other states and reside in
5 this Commonwealth, where such other states agree to perform
6 similar services for the board.
7 (b) Witness Protection Program.--The board may relinquish
8 jurisdiction over a parolee to the proper Federal authorities
9 where the parolee is placed into the Witness Protection Program
10 of the United States Department of Justice.
11 (c) Applicability.--The provisions of this section shall
12 apply only to those persons under the supervision of the board.
13 (d) Contracting state obligations.--The contracting state
14 must adhere to this Commonwealth's laws regarding the interstate
15 compact, which are as follows:
16 (1) The contracting state solemnly agrees that it is
17 competent for the duly constituted judicial and
18 administrative authorities of a state party to the compact,
19 referred to as the "sending state," to permit any person
20 convicted of an offense within such state and placed on
21 probation or released on parole to reside in any other state,
22 referred to as the "receiving state," while on probation or
23 parole if:
24 (i) A confirmed offer of viable employment or other
25 verifiable means of support exists.
26 (ii) A residence approved by the sending state shall
27 be available.
28 (2) The following information must be made available to
29 the receiving state from the sending state at the time the
30 application for acceptance to the receiving state shall be
20050S0506B0539 - 224 -
1 filed:
2 (i) Institutional adjustment information on parolees
3 or probationers.
4 (ii) Current supervision history on parolees or
5 probationers.
6 (iii) A psychological report or psychological
7 update, completed no more than one year prior to the
8 receiving state's consideration, for persons convicted of
9 a violent offense.
10 (iv) The following information must be made
11 available to the receiving state for those cases defined
12 as a sexual offense:
13 (A) A summary of any type of treatment received
14 and dates of completion.
15 (B) A description of behavioral characteristics
16 that may have contributed to the parolee or
17 probationer's conduct.
18 (3) Any parolee or probationer convicted of a sexual
19 offense shall be required to:
20 (i) Submit to mandatory registration and public
21 notification of all current addresses with the
22 Pennsylvania State Police.
23 (ii) Provide a signed copy of the "Pennsylvania
24 State Police Sexual Offender Registration Notification"
25 form and the "Pennsylvania State Police Sexual Offender
26 Registration" form to the receiving state.
27 (iii) Provide a signed copy of "Addendum to
28 Application for Compact Services/Agreement to Return"
29 form to the receiving state.
30 (4) Except as provided in this subsection, the receiving
20050S0506B0539 - 225 -
1 state shall not consider the acceptance of supervision if the
2 parolee is already physically present in this Commonwealth.
3 Investigation and consideration of a case shall occur only
4 after the parolee returns to the sending state and proper
5 application is filed. The receiving state may consider the
6 acceptance of supervision if the probationer is already
7 physically present in this Commonwealth, where the
8 probationer has established domicile in the receiving state
9 before adjudication on the criminal offense.
10 (5) Electronic monitoring or other special conditions,
11 or both, of supervision shall be imposed as deemed necessary
12 by the receiving state.
13 (6) At the request of the receiving state, the sending
14 state shall agree to retake the parolee or probationer if
15 that individual violates any condition of probation or
16 parole.
17 (e) Definitions.--As used in this section the following
18 words and phrases shall have the meaning given to them in this
19 subsection unless the context clearly indicates otherwise:
20 "Board." The Pennsylvania Board of Probation and Parole.
21 "Sexual offense."
22 (1) Any of the following offenses or an equivalent
23 offense that is classified as a felony and involves a victim
24 who is a minor:
25 18 Pa.C.S. § 2901 (relating to kidnapping).
26 18 Pa.C.S. § 5902(a) (relating to prostitution and
27 related offenses).
28 18 Pa.C.S. § 5903(a)(3), (4), (5) or (6) (relating to
29 obscene and other sexual materials and performances).
30 (2) Any of the following offenses or an equivalent
20050S0506B0539 - 226 -
1 offense that is classified as a felony and involves a victim
2 who is younger than 13 years of age:
3 18 Pa.C.S. § 3126 (relating to indecent assault).
4 (3) Any of the following offenses or an equivalent
5 offense, regardless of the victim's age:
6 18 Pa.C.S. § 3121 (relating to rape).
7 18 Pa.C.S. § 3123 (relating to involuntary deviate
8 sexual intercourse).
9 18 Pa.C.S. § 3125 (relating to aggravated indecent
10 assault).
11 "Violent offense."
12 (1) Any of the following offenses or an equivalent
13 offense:
14 18 Pa.C.S. § 2502 (relating to murder).
15 18 Pa.C.S. § 2503 (relating to voluntary
16 manslaughter).
17 18 Pa.C.S. § 2702 (relating to aggravated assault).
18 18 Pa.C.S. § 2703 (relating to assault by prisoner).
19 18 Pa.C.S. § 2704 (relating to assault by life
20 prisoner).
21 18 Pa.C.S. § 2901 (relating to kidnapping) where the
22 victim is a minor.
23 18 Pa.C.S. § 3121 (relating to rape).
24 18 Pa.C.S. § 3123 (relating to involuntary deviate
25 sexual intercourse).
26 18 Pa.C.S. § 3301 (relating to arson and related
27 offenses).
28 18 Pa.C.S. § 3502 (relating to burglary).
29 18 Pa.C.S. § 3701 (relating to robbery).
30 18 Pa.C.S. § 3923 (relating to theft by extortion)
20050S0506B0539 - 227 -
1 where a threat of violence is made.
2 (2) A criminal attempt, criminal solicitation or
3 criminal conspiracy to commit any offenses set forth in this
4 definition.
5 "Other verifiable means of support." The term includes, but
6 is not limited to, support by parent, grandparent, sibling,
7 spouse or adult child. The term does not include public
8 assistance.
9 § 7123. Penalty.
10 A person who is on parole or probation in another state and
11 who resides in this Commonwealth in violation of section 6373
12 (relating to supervision of persons paroled by other states)
13 commits a misdemeanor of the first degree and shall be sentenced
14 to pay a fine of not more than $10,000 or to imprisonment for
15 not more than five years, or both.
16 Section 2. The addition of 61 Pa.C.S. Pts. I, II, III, IV
17 and V is a continuation of the acts and parts of acts listed in
18 section 4 of this act, except for the following:
19 Act of January 17, 1831 (P.L.12, No.12), entitled "A further
20 supplement to an act, entitled, An act to reform the penal laws
21 of this Commonwealth."
22 Act of June 8, 1874 (P.L.278, No.163), entitled "An act
23 relating to prison inspectors and regulating prisons."
24 Sections 2 and 4 of the act of June 13, 1883 (P.L.112,
25 No.99), entitled "An act to abolish the contract system in the
26 prisons and reformatory institutions of the State of
27 Pennsylvania, and to regulate the wages of the inmates."
28 Act of June 22, 1897 (P.L.182, No.150), entitled "A
29 supplement to an act entitled 'An act for the punishment of
30 cruelty to animals in this Commonwealth,' approved the twenty-
20050S0506B0539 - 228 -
1 ninth day of March, one thousand eight hundred and sixty-nine,
2 requiring the keepers or persons in charge of all jails, lock-
3 ups and station-houses within the Commonwealth to receive all
4 persons arrested for any violation of the provisions of said
5 act."
6 Act of May 25, 1907 (P.L.247, No.191), entitled "An act
7 authorizing the employment of male prisoners of the jails, and
8 workhouses of this Commonwealth upon the public highways of the
9 several counties, and regulating the same; and providing for the
10 establishment of Prison Boards, the purchase of material and
11 tools, and employment of deputies, at the expense of the proper
12 county, and a penalty for the escape of prisoners while employed
13 outside of said jails, workhouses."
14 Section 9 of the act of July 25, 1913 (P.L.1311, No.816),
15 entitled "An act providing for the establishment of a State
16 Industrial Home for Women; authorizing the purchase of a site,
17 and the erection thereon and equipment of necessary buildings;
18 providing for the commitment to said State Industrial Home for
19 Women of females between the ages of sixteen and thirty years,
20 convicted of, or pleading guilty to, the commission of any
21 criminal offense; and providing for the government and
22 management of said institution; and making an appropriation to
23 carry out the purposes of this act."
24 Act of December 27, 1965 (P.L.1237, No.502), entitled "An act
25 establishing regional correctional facilities administered by
26 the Bureau of Correction as part of the State correctional
27 system; establishing standards for county jails, and providing
28 for inspection and classification of county jails and for
29 commitment to State correctional facilities and county jails."
30 Act of March 21, 1986 (P.L.64, No.19), known as the Private
20050S0506B0539 - 229 -
1 Prison Moratorium and Study Act.
2 Section 3. The following shall apply:
3 (1) Except as otherwise provided in 61 Pa.C.S. Pts. I,
4 II, III, IV and V, all activities initiated under any of the
5 acts identified in section 2 of this act shall continue and
6 remain in full force and effect and may be completed under 61
7 Pa.C.S. Pts. I, II, III, IV and V. Resolutions, orders,
8 regulations, rules and decisions which were made under any of
9 the acts identified in section 2 of this act and which are in
10 effect on the effective date of this section shall remain in
11 full force and effect until revoked, vacated or modified
12 under 61 Pa.C.S. Pts. I, II, III, IV and V. Contracts,
13 obligations and agreements entered into under any of the acts
14 identified in section 2 of this act are not affected nor
15 impaired by the continuation of the acts and parts of acts
16 identified in section 2.
17 (2) Any difference in language between 61 Pa.C.S. Pts.
18 I, II, III, IV and V and the acts identified in section 2 of
19 this act is intended only to conform to the style of the
20 Pennsylvania Consolidated Statutes and is not intended to
21 change or affect the legislative intent, judicial
22 construction or administrative interpretation and
23 implementation of those acts, except as follows:
24 (i) 61 Pa.C.S. Part I.
25 (ii) 61 Pa.C.S. § 3101.
26 (iii) The definition of "motivational boot camp" in 61
27 Pa.C.S. § 3703.
28 Section 4. (a) The following acts and parts of acts are
29 repealed:
30 Act of March 29, 1819 (P.L.232, No.146), entitled "An act to
20050S0506B0539 - 230 -
1 prevent the coroner of Philadelphia county from holding inquests
2 in certain cases, and for other purposes."
3 Act of January 17, 1831 (P.L.12, No.12), entitled "A further
4 supplement to an act, entitled, An act to reform the penal laws
5 of this Commonwealth."
6 Act of April 14, 1835 (P.L.232, No.140), entitled "A
7 supplement to the act entitled 'An act to provide for the
8 erection of a new prison and a debtors' apartment within the
9 city and county of Philadelphia, and for the sale of the county
10 prison in Walnut street in said city.'"
11 Act of February 8, 1842 (P.L.12, No.10), entitled "A
12 supplement to an act entitled 'An act relating to the prison of
13 the county of Chester,' approved February first, one thousand
14 eight hundred and thirty-nine, and relative to the Dauphin
15 county prison."
16 Section 5 of the act of April 16, 1845 (P.L.507, No.342),
17 entitled "An act to provide for the ordinary expenses of the
18 government, repair of the canals and railroads of the state, and
19 other claims upon the commonwealth."
20 Act of January 4, 1856 (P.L.711, No.661), entitled "A further
21 supplement to an act, entitled 'An act to provide for the
22 erection of a new prison and debtors' apartment within the city
23 and county of Philadelphia, and for the sale of the county
24 prison in Walnut street in the said city,' approved April
25 fourteenth, one thousand eight hundred thirty-five."
26 Act of April 18, 1857 (P.L.253, No.295), entitled "A further
27 supplement to an act to Reform the Penal Laws of this
28 Commonwealth, approved the seventeenth day of January, Anno
29 Domini one thousand eight hundred and thirty-one."
30 Act of May 1, 1861 (P.L.528, No.491), entitled "An act
20050S0506B0539 - 231 -
1 granting further Powers to the Inspectors of the Philadelphia
2 County Prison."
3 Act of April 17, 1867 (P.L.87, No.68), entitled "An act to
4 authorize the Governor to appoint a person to visit prisons and
5 almshouses."
6 Act of June 2, 1871 (P.L.1301, No.1209), entitled "An act to
7 establish and maintain for the city of Philadelphia, a house of
8 correction, employment and reformation for adults and minors."
9 Act of June 8, 1874 (P.L.278, No.163), entitled "An act
10 relating to prison inspectors and regulating prisons."
11 Act of June 13, 1883 (P.L.112, No.99), entitled "An act to
12 abolish the contract system in the prisons and reformatory
13 institutions of the State of Pennsylvania, and to regulate the
14 wages of the inmates."
15 Act of June 20, 1883 (P.L.125, No.110), entitled "An act to
16 require a brand upon all goods, wares, merchandise or other
17 article or thing made for sale by convict labor in any
18 penitentiary, reformatory prison, school or other establishment
19 in which convict labor is employed."
20 Act of May 9, 1889 (P.L.154, No.170), entitled "An act
21 authorizing and empowering boards of prison inspectors, in
22 counties where such boards exist, to fix the salaries of deputy
23 wardens, keepers and other persons employed in and about the
24 jails of such counties."
25 Act of June 26, 1895 (P.L.377, No.269), entitled "An act
26 authorizing the erection of work-houses in the several counties
27 of this Commonwealth."
28 Act of May 11, 1897 (P.L.49, No.41), entitled "An act
29 relating to appointment of Prison Commissioners in counties of
30 the Commonwealth having over one hundred and fifty thousand
20050S0506B0539 - 232 -
1 population."
2 Act of June 22, 1897 (P.L.182, No.150), entitled "A
3 supplement to an act, entitled 'An act for the punishment of
4 cruelty to animals in this Commonwealth,' approved the twenty-
5 ninth day of March, one thousand eight hundred and sixty-nine,
6 requiring the keepers or persons in charge of all jails, lock-
7 ups and station-houses within the Commonwealth to receive all
8 persons arrested for any violation of the provisions of said
9 act."
10 Act of April 28, 1899 (P.L.89, No.75), entitled "An act
11 authorizing the employment of male prisoners of the jails and
12 workhouses of this Commonwealth, and regulating the same, and
13 providing a penalty for an escape of prisoners while employed
14 outside of said jails or workhouses."
15 Act of March 20, 1903 (P.L.45, No.48), entitled "An act to
16 make active or visiting committees, of societies incorporated
17 for the purpose of visiting and instructing prisoners, official
18 visitors of penal and reformatory institutions."
19 Act of May 25, 1907 (P.L.247, No.191), entitled "An act
20 authorizing the employment of male prisoners of the jails, and
21 workhouses of this Commonwealth upon the public highways of the
22 several counties, and regulating the same; and providing for the
23 establishment of Prison Boards, the purchase of material and
24 tools, and employment of deputies, at the expense of the proper
25 county, and a penalty for the escape of prisoners while employed
26 outside of said jails, workhouses."
27 Act of April 23, 1909 (P.L.141, No.92), entitled "An act
28 providing for the use of borough and township lockups and city
29 or county prisons, for the detention of prisoners arrested by
30 sheriffs, constables, members of the State constabulary, or
20050S0506B0539 - 233 -
1 other persons authorized by the laws of the Commonwealth to make
2 arrests, and entitling boroughs, townships, and cities to
3 receive remuneration for the same."
4 Act of May 14, 1909 (P.L.838, No.656), entitled "An act to
5 define the rights and functions of official visitors of jails,
6 penitentiaries, and other penal or reformatory institutions, and
7 providing for their removal."
8 Act of May 11, 1911 (P.L.274, No.176), entitled "An act to
9 prohibit the bringing into prisons of all weapons or other
10 implements which may be used to injure any convict or person, or
11 in assisting any convict to escape punishment, or the selling or
12 furnishing of same to convicts; to prohibit the bringing into
13 prisons of all spirituous or fermented liquors, drugs,
14 medicines, poisons, opium, morphine, or any other kind or
15 character of narcotics; or the giving, selling or furnishing of
16 spirituous or fermented liquor, drugs, medicine, poison, opium,
17 morphine, or any other kind or character of narcotics; or
18 bringing into or taking out letters, notes, money, or contraband
19 goods of any kind, whatsoever; and providing a penalty for the
20 violation thereof."
21 Act of June 7, 1911 (P.L.677, No.268), entitled "An act
22 providing for the payment of the costs of proceedings and the
23 expenses of maintaining prisoners committed to county prisons,
24 either for non-payment of fines or penalties imposed for, or
25 while awaiting a hearing upon, any charge for the violation of
26 any city or borough ordinance, or any ordinance of townships of
27 the first class, by the city, borough, or township of the first
28 class whose ordinances are alleged to have been violated, or to
29 which any such fines or penalties are payable."
30 Act of June 19, 1911 (P.L.1059, No.813), referred to as the
20050S0506B0539 - 234 -
1 County Jail and Workhouse Parole Law.
2 Act of May 28, 1913 (P.L.363, No.247), entitled "An act
3 regulating the discharge of prisoners on parole, from the penal
4 institutions of the Commonwealth."
5 Act of June 19, 1913 (P.L.532, No.340), entitled "A
6 supplement to an act approved the nineteenth day of June, one
7 thousand nine hundred eleven, entitled 'An act authorizing the
8 release on probation of certain convicts, instead of imposing
9 sentences; the appointment of probation and parole officers, and
10 the payment of their salaries and expenses; regulating the
11 manner of sentencing convicts in certain cases, and providing
12 for their release on parole; their conviction of crime during
13 parole, and their re-arrest and reconviction for breach of
14 parole; and extending the powers and duties of boards of prison
15 inspectors of penitentiaries.'"
16 Act of July 22, 1913 (P.L.912, No.437), entitled "An act
17 providing for the payment of the costs incurred in the trial of
18 convicts and prisoners escaping, or attempting to escape, from
19 the several penitentiaries and reformatories of the Commonwealth
20 of Pennsylvania, by the respective counties from whose courts
21 the said escaping convicts or prisoners have been committed; and
22 providing for the maintenance of such convicts under sentence
23 for escape, et cetera."
24 Section 9 of the act of July 25, 1913 (P.L.1311, No.816),
25 entitled "An act providing for the establishment of a State
26 Industrial Home for Women; authorizing the purchase of a site,
27 and the erection thereon and equipment of necessary buildings;
28 providing for the commitment to said State Industrial Home for
29 Women of females between the ages of sixteen and thirty years,
30 convicted of, or pleading guilty to, the commission of any
20050S0506B0539 - 235 -
1 criminal offense; and providing for the government and
2 management of said institution; and making an appropriation to
3 carry out the purposes of this act."
4 Act of May 24, 1917 (P.L.283, No.150), entitled "An act
5 fixing the residence of the warden of the county jail or prison,
6 in counties of this Commonwealth where the government of such
7 jail or prison is or may hereafter be vested in a prison board."
8 Act of July 17, 1917 (P.L.1036, No.337), entitled "A Joint
9 Resolution authorizing the authorities having control and
10 supervision of county jails and prisons to permit the employment
11 of inmates thereof on county or almshouse farms; exempting
12 wardens and keepers from liability in certain cases for
13 escapes."
14 Act of July 19, 1917 (P.L.1117, No.378), entitled "An act
15 providing for the establishment, in cities of the first class,
16 of a house or houses of detention for witnesses and untried
17 prisoners; for the commitment of such prisoners and witnesses
18 thereto; and for the payment of the cost of establishing and
19 maintaining the same by the county wherein said cities are
20 situated."
21 Act of May 31, 1919 (P.L.356, No.170), entitled, as amended,
22 "An act authorizing courts of record to remove convicts and
23 persons confined in jails, workhouses, reformatories, reform or
24 industrial schools, penitentiaries, prisons, houses of
25 correction or any other penal institutions, who are seriously
26 ill, to other institutions; and providing penalties for breach
27 of prison."
28 Act of May 10, 1921 (P.L.433, No.209), entitled "An act
29 providing for the sentencing of certain criminals to
30 reformatories or houses of correction in counties of the first
20050S0506B0539 - 236 -
1 class."
2 Act of May 16, 1921 (P.L.579, No.262), referred to as the
3 County Prison Board Law.
4 Act of May 19, 1923 (P.L.271, No.172), entitled "An act
5 providing a system of employment and compensation for the
6 inmates of county jails and prisons."
7 Act of June 14, 1923 (P.L.775, No.306), entitled "An act to
8 provide for the physical welfare of all persons confined
9 (whether such persons be tried or untried prisoners) in any
10 penitentiary or county prison in this Commonwealth."
11 Act of July 11, 1923 (P.L.1044, No.425), referred to as the
12 Prisoner Transfer Law.
13 Act of April 27, 1927 (P.L.414, No.270), entitled, as
14 amended, "An act providing for a system of recording the
15 identification of persons convicted of crime, and of fugitives
16 from justice, and habitual criminals; conferring powers and
17 imposing duties upon the Pennsylvania State Police, district
18 attorneys, police officers, wardens or keepers of jails,
19 prisons, workhouses, or other penal institutions, and sheriffs;
20 providing for the payment of certain expenses by the counties;
21 and imposing penalties."
22 Sections 903-B and 904-B of the act of April 9, 1929
23 (P.L.177, No.175), known as The Administrative Code of 1929.
24 Act of May 1, 1929 (P.L.1182, No.414), entitled "An act
25 providing the procedure and the powers of the State Board of
26 Pardons and boards of trustees of penitentiaries where prisoners
27 released on parole violate the terms of such parole; and fixing
28 the penalty for such violation."
29 Act of May 1, 1929 (P.L.1184, No.416), entitled "An act
30 conferring and imposing certain powers and duties upon the State
20050S0506B0539 - 237 -
1 Board of Pardons with respect to inmates of State penal and
2 correctional institutions released on parole."
3 Act of May 20, 1931 (P.L.138, No.99), entitled "An act
4 permitting the sale of prison made goods, in counties of the
5 first class, to such counties and to cities and school districts
6 and to political subdivisions of such counties and to certain
7 institutions therein; permitting contracts for such sales and
8 purchases, without advertising or competitive bidding;
9 permitting payment of compensation to inmates; and repealing
10 inconsistent laws."
11 Act of June 12, 1931 (P.L.512, No.166), referred to as the
12 Industrial Farms and Workhouses Law.
13 Act of June 22, 1931 (P.L.864, No.280), entitled "An act
14 making a convict whose minimum sentence exceeds one-half of the
15 maximum sentence eligible to apply for release on parole when
16 said convict has served or will have served one-half his maximum
17 sentence."
18 Act of June 21, 1939 (P.L.660, No.307), entitled, as amended,
19 "An act providing for the return of escaped prisoners and
20 convicts after apprehension, to the penitentiary or state
21 institution from which they escape, by the agents of the
22 Department of Justice or the Pennsylvania State Police, and
23 requiring the penitentiary or state institution to defray the
24 expenses thereof."
25 Act of August 6, 1941 (P.L.861, No.323), referred to as the
26 Pennsylvania Board of Probation and Parole Law.
27 Act of May 17, 1945 (P.L.628, No.268), entitled "An act
28 requiring boards of prison inspectors in counties of the fourth
29 class to pay the premiums on all bonds required of employes
30 appointed by the board."
20050S0506B0539 - 238 -
1 Act of May 11, 1949 (P.L.1191, No.359), entitled "An act for
2 the government, management and control of county jails and
3 prisons in counties of sixth, seventh and eighth classes."
4 Article XXX-A of the act of July 28, 1953 (P.L.723, No.230),
5 known as the Second Class County Code.
6 Act of December 13, 1955 (P.L.829, No.240), entitled "An act
7 authorizing the commitment to the Department of Public Welfare
8 in any city of the first class persons convicted of crimes and
9 sentences by courts situate within such city to a city or county
10 penal institution, where such Department has established a
11 correctional, diagnostic and classification service, and
12 authorizing the transfer of prisoners between such institutions
13 by the Department."
14 Act of December 13, 1955 (P.L.841, No.246), entitled "An act
15 authorizing cooperative return of parole and probation violators
16 and the making of contracts or deputization of persons pursuant
17 thereto."
18 Act of August 6, 1963 (P.L.521, No.277), entitled "An act
19 providing that probation officers shall have the power of peace
20 officers in the performance of their duties."
21 Act of August 13, 1963 (P.L.774, No.390), entitled "An act
22 authorizing courts to permit certain prisoners to leave jail
23 during reasonable and necessary hours for occupational,
24 scholastic or medical purposes; conferring powers and imposing
25 duties upon courts, county commissioners and sheriffs and other
26 persons in charge of a jail or workhouse."
27 Act of December 22, 1965 (P.L.1189, No.472), entitled "An act
28 establishing a correctional facility for criminological
29 diagnosis, classification, social and psychological treatment
30 and research, medical treatment and staff training."
20050S0506B0539 - 239 -
1 Act of December 27, 1965 (P.L.1237, No.502), entitled "An act
2 establishing regional correctional facilities administered by
3 the Bureau of Correction as part of the State correctional
4 system; establishing standards for county jails, and providing
5 for inspection and classification of county jails and for
6 commitment to State correctional facilities and county jails."
7 Act of July 16, 1968 (P.L.351, No.173), referred to as the
8 Prisoner Pre-release Plan Law.
9 Act of December 22, 1969 (P.L.394, No.175), entitled "An act
10 providing for the establishment, operation and maintenance of
11 detention facilities for certain persons by adjoining counties
12 on approval by the Bureau of Correction."
13 Act of October 16, 1972 (P.L.913, No.218), entitled "An act
14 establishing regional community treatment centers for women
15 administered by the Bureau of Correction of the Department of
16 Justice as part of the State Correctional System, providing for
17 the commitment of females to such centers and their temporary
18 release therefrom for certain purposes, restricting confinement
19 of females in county jails and conferring powers and duties upon
20 the Department of Justice and the Bureau of Correction."
21 Act of December 30, 1974 (P.L.1075, No.348), known as the
22 Interstate Corrections Compact.
23 Act of March 21, 1986 (P.L.64, No.19), known as the Private
24 Prison Moratorium and Study Act.
25 Act of July 1, 1990 (P.L.315, No.71), known as the Prison
26 Facilities Improvement Act.
27 Act of December 7, 1990 (P.L.615, No.156), known as the
28 Official Visitation of Prisons Act.
29 Act of December 19, 1990 (P.L.1391, No.215), known as the
30 Motivational Boot Camp Act.
20050S0506B0539 - 240 -
1 Act of December 27, 1994 (P.L.1354, No.158), known as the
2 County Probation and Parole Officers' Firearm Education and
3 Training Law.
4 Act of May 16, 1996 (P.L.220, No.40), known as the Prison
5 Medical Services Act.
6 Act of June 18, 1998 (P.L.622, No.80), entitled "An act
7 providing for a procedure and method of execution; and making
8 repeals."
9 Act of December 3, 1998 (P.L.932, No.120), entitled "An act
10 requiring all prison inmates to wear identifiable prison
11 uniforms while incarcerated."
12 Act of June 19, 2002 (P.L.377, No.56), known as the
13 Interstate Compact for the Supervision of Adult Offenders Act.
14 (b) The following acts are also repealed:
15 Act of June 25, 1937 (P.L.2086, No.415), entitled "An act
16 providing for the making of compacts by the Commonwealth with
17 other states for mutual helpfulness in relation to persons on
18 probation or parole; and imposing certain powers and duties on
19 the Governor and the Board of Pardons."
20 Act of July 20, 1968 (P.L.441, No.207), entitled "An act
21 providing for the incarceration of probationers or parolees in
22 certain other states under certain circumstances."
23 (c) The act of December 8, 1959 (P.L.1718, No.632),
24 entitled, as amended, "An act providing for the payment of the
25 salary, medical and hospital expenses of employes of State penal
26 and correctional institutions, State mental hospitals, Youth
27 Development Centers, County Boards of Assistance, and under
28 certain conditions other employes of the Department of Public
29 Welfare, who are injured in the performance of their duties; and
30 providing benefit to their widows and dependents in certain
20050S0506B0539 - 241 -
1 cases," is repealed insofar as it relates to employees of State
2 correctional institutions as that term is defined in 61 Pa.C.S.
3 § 102 (relating to definitions).
4 Section 5. This act shall take effect as follows:
5 (1) Section 4(b) of this act shall take effect on the
6 date that the Interstate Compact for the Supervision of Adult
7 Offenders becomes effective and operative between this State
8 and any other state or states in accordance with 61 Pa.C.S. §
9 7113.
10 (2) The remainder of this act shall take effect
11 immediately.
B1L61DMS/20050S0506B0539 - 242 -