PRIOR PRINTER'S NOS. 539, 1487, 1798 PRINTER'S NO. 1883
No. 506 Session of 2005
INTRODUCED BY GREENLEAF, COSTA, O'PAKE, STOUT, THOMPSON,
PILEGGI, TOMLINSON, KITCHEN AND M. WHITE, MARCH 29, 2005
AS AMENDED ON SECOND CONSIDERATION, JUNE 19, 2006
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) and
2 codifying Title 61 (Penal and Correctional Institutions) of
3 the Pennsylvania Consolidated Statutes, providing for
4 temporary release from county correctional institutions, for
5 transfers of inmates needing medical care and for State
6 intermediate punishment; amending the heading of Title 61;
7 adding definitions, provisions relating to general
8 administration of correctional institutions, State
9 correctional institutions, county correctional institutions,
10 the Philadelphia County Prison, house of detention for
11 untried inmates and witnesses, inmate labor, medical
12 services, visitation, motivational boot camp, execution
13 procedure and method, miscellaneous matters relating thereto,
14 probation and parole generally, the Pennsylvania Board of
15 Probation and Parole, County Probation and Parole Agents'
16 Firearm Education and Training, and correctional institution
17 interstate compacts; and making repeals relating to
18 codification.
19 TABLE OF CONTENTS
20 TITLE 42
21 JUDICIARY AND JUDICIAL PROCEDURE
22 PART VIII. CRIMINAL PROCEEDINGS
23 Chapter 97. Sentencing
24 Subchapter E. Imposition of Sentence
25 § 9755.1. Temporary release from county correctional
1 institution.
2 Subchapter F. Further Judicial Action
3 § 9775. Parole without board supervision.
4 § 9776. Judicial power to release inmates.
5 § 9777. Transfer of inmates in need of medical treatment.
6 Chapter 99. State Intermediate Punishment
7 (Deleted by amendment)
8 Chapter 99. Other Criminal Provisions
9 Subchapter A. County Probation Officers
10 § 9911. Definitions.
11 § 9912. Supervisory relationship to offenders.
12 § 9913. Peace officer power for probation officers.
13 TITLE 61
14 PRISONS AND PAROLE
15 PART I. GENERAL PROVISIONS
16 Chapter 1. Preliminary Provisions
17 § 101. Short title of title.
18 § 102. Definitions.
19 PART II. CORRECTIONAL INSTITUTIONS
20 Chapter 11. General Administration
21 Subchapter A. Penal Operations and Procedures
22 § 1101. Benefits to injured employees of State correctional
23 institutions.
24 § 1102. Correctional facility for criminological diagnosis.
25 § 1103. Recording system for identification of criminal
26 offenders.
27 Subchapter B. Inmate Transfers
28 § 1151. General transfer authorization.
29 § 1152. Transfers to department.
30 § 1153. Expense of removing certain inmates.
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1 § 1154. Law enforcement use of county correctional
2 institutions.
3 Subchapter C. Escaped Inmates
4 § 1161. Return of escaped inmates.
5 § 1162. Escaped inmate costs.
6 § 1163. Maintenance of escaping inmates under new sentence.
7 § 1164. Criminal offense during confinement.
8 Chapter 13. (Reserved)
9 Chapter 15. (Reserved)
10 Chapter 17. County Correctional Institutions
11 Subchapter A. Counties and Cities of the First Class
12 § 1701. Appropriations for improvements, railroad connection
13 and commitments.
14 § 1702. Arrest of disorderly minors.
15 § 1703. Commitment of disorderly minors and appeal.
16 § 1704. Employment of inmates.
17 § 1705. Punishment for destroying property OFFENSES. <--
18 § 1706. Supplies and reports.
19 § 1707. Deficiency in maintenance.
20 § 1708. Habeas corpus.
21 § 1709. Extension of powers.
22 § 1710. Annual statement.
23 § 1710.1. Name of jail and appointment of inspectors.
24 § 1710.2. Duties of physician.
25 § 1710.3. Visitors to have permission in writing.
26 § 1710.4. Treatment of inmates on discharge.
27 § 1710.5. County of the first class to supply deficiency in
28 furnishing and maintaining prison.
29 § 1710.6. Inmates sentenced for less than two years to county
30 prison.
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1 § 1710.7. Coroner of first class county not to hold inquests on
2 convicts, except in certain cases.
3 § 1710.8. Inspectors to discharge inmates.
4 § 1710.9. Treatment of inmates convicted of capital offenses.
5 § 1710.10. Cities of the first class.
6 Subchapter B. County Jail Oversight Board in Counties of the
7 Second Class and Second Class A
8 § 1721. Scope of subchapter.
9 § 1722. Definitions.
10 § 1723. County jail oversight board.
11 § 1724. Powers and duties.
12 § 1725. Rules and regulations.
13 § 1726. Warden.
14 § 1727. Board meetings.
15 § 1728. Contracts and purchases.
16 Subchapter C. Other Counties
17 § 1731. Establishment.
18 § 1732. Board meetings.
19 § 1733. Appointment of warden and employees.
20 § 1734. Powers of peace officers.
21 § 1735. Expenditures.
22 § 1736. Bonding requirement.
23 Subchapter D. Alternative Plan for Certain Counties
24 § 1741. Sixth, seventh and eighth class counties.
25 § 1742. Appointment of prison commissioners.
26 Subchapter E. Penal Operations and Procedures
27 § 1751. Costs of confinement.
28 § 1752. Board of inspectors to regulate salaries of wardens
29 and other staff.
30 § 1753. Residence of warden.
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1 § 1754. Bonds for county prison staff in fourth class
2 counties.
3 § 1755. Property exempt from taxation.
4 § 1756. Loss of privileges.
5 § 1757. Collection from certain inmates.
6 Subchapter F. Joint Detention Centers
7 § 1761. Establishment by adjoining counties.
8 § 1762. Selection of site.
9 § 1763. Buildings.
10 § 1764. Construction contracts.
11 § 1765. Advisory board.
12 § 1766. Meetings.
13 § 1767. Superintendent and employees.
14 § 1768. Rules and regulations.
15 § 1769. Initial transfer of inmates.
16 § 1770. Employment of inmates.
17 § 1771. Cost of transporting inmates.
18 § 1772. Financial reporting.
19 § 1773. Allocation of expenses to counties.
20 § 1774. County appropriations.
21 § 1775. Exemption from taxation.
22 Subchapter G. Joint Industrial Farms and Workhouses
23 § 1781. Establishment by counties.
24 § 1782. Selection of site.
25 § 1783. Buildings.
26 § 1784. Construction contracts.
27 § 1785. Advisory board.
28 § 1786. Meetings.
29 § 1787. Superintendent and employees.
30 § 1788. Rules and regulations.
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1 § 1789. Initial transfer of inmates.
2 § 1790. Employment of inmates.
3 § 1791. Cost of transporting inmates.
4 § 1792. Nature of inmate employment.
5 § 1793. Sale of goods and materials.
6 § 1794. Financial reporting.
7 § 1795. Allocation of expenses to counties.
8 § 1796. Borrowing authorized.
9 § 1797. Exemption from taxation.
10 § 1798. Nonapplicability.
11 PART III. INMATE CONFINEMENT
12 Chapter 31. Inmate Labor
13 § 3101. Inmates to be employed.
14 § 3102. Disposition of proceeds of labor.
15 § 3103. Agricultural labor at county correctional
16 institutions.
17 § 3104. Inmate labor in county correctional institutions.
18 § 3105. Inmate labor in counties of the first class.
19 § 3106. Inmate-made goods to be branded.
20 § 3107. Sale of inmate-made goods.
21 Chapter 33. Medical Services
22 § 3301. Short title of chapter.
23 § 3302. Definitions.
24 § 3303. Medical Services Program.
25 § 3304. Powers and duties of department.
26 § 3305. Costs outstanding upon release.
27 § 3306. Report to General Assembly.
28 § 3307. Applicability.
29 Chapter 35. Visitation
30 Subchapter A. General Provisions
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1 § 3501. Gubernatorial visitor for philanthropic purposes.
2 § 3502. Official visitors.
3 § 3503. Rights of official visitors.
4 Subchapter B. Official Visitation
5 § 3511. Short title of subchapter.
6 § 3512. Definitions.
7 § 3513. Visitation.
8 § 3514. Employees of official visitor.
9 Chapter 37. Inmate Prerelease Plans
10 § 3701. Establishment of prerelease centers.
11 § 3702. Prerelease plan for inmates.
12 § 3703. Rules and regulations.
13 § 3704. Salaries and wages of inmates.
14 Chapter 39. Motivational Boot Camp
15 § 3901. Scope of chapter.
16 § 3902. Declaration of policy.
17 § 3903. Definitions.
18 § 3904. Selection of inmate participants.
19 § 3905. Motivational boot camp program.
20 § 3906. Procedure for selection of participant in motivational
21 boot camp program.
22 § 3907. Completion of motivational boot camp program.
23 § 3908. Appeals.
24 Chapter 41. State Intermediate Punishment
25 § 4101. Scope of chapter.
26 § 4102. Findings and purpose.
27 § 4103. Definitions.
28 § 4104. Referral to State intermediate punishment program.
29 § 4105. Drug offender treatment program.
30 § 4106. Written guidelines and regulations.
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1 § 4107. Reports.
2 § 4108. Construction.
3 § 4109. Evaluation.
4 Chapter 43. Execution Procedure and Method
5 § 4301. Definitions.
6 § 4302. Issuance of warrant.
7 § 4303. Terms of confinement.
8 § 4304. Method of execution.
9 § 4305. Witnesses to execution.
10 § 4306. Certification of superintendent.
11 § 4307. Postmortem examination.
12 § 4308. Costs of execution and examination.
13 Chapter 59. Miscellaneous Provisions
14 § 5901. Physical welfare of inmates.
15 § 5902. Contraband prohibited.
16 § 5903. Inmate uniforms.
17 § 5904. Assessment and collection of costs.
18 PART IV. PROBATION AND PAROLE
19 Chapter 61. Pennsylvania Board of Probation and Parole
20 Subchapter A. Preliminary Provisions
21 § 6101. Definitions.
22 § 6102. Operation of parole system generally.
23 Subchapter B. Administration
24 § 6111. Pennsylvania Board of Probation and Parole.
25 § 6112. Board chairperson.
26 § 6113. Board action.
27 § 6114. Salaries of board members.
28 § 6115. Incompatible offices and removal.
29 § 6116. Meetings.
30 § 6117. Official seal.
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1 § 6118. Offices.
2 § 6119. District directors.
3 § 6120. District office employees.
4 § 6121. Disciplinary action.
5 § 6122. Political activities.
6 § 6123. Advisory committee.
7 Subchapter C. Powers and Duties
8 § 6131. General powers of board.
9 § 6132. Specific powers of board involving parolees.
10 § 6133. Probation services.
11 § 6134. Sentencing court to transmit records to board.
12 § 6135. Investigation of circumstances of offense.
13 § 6136. Right of access to inmates.
14 § 6137. Parole power.
15 § 6138. Violation of terms of parole.
16 § 6139. Parole procedure.
17 § 6140. Victim statements, testimony and participation in
18 hearing.
19 § 6141. General rules and special regulations.
20 Subchapter D. State Parole Agents
21 § 6151. Definitions.
22 § 6152. Status as peace officers.
23 § 6153. Supervisory relationship to offenders.
24 Chapter 63. County Probation Officers' Firearm Education and
25 Training
26 § 6301. Short title of chapter.
27 § 6302. Definitions.
28 § 6303. County Probation Officers' Firearm Education and
29 Training Commission.
30 § 6304. Commission membership.
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1 § 6305. Powers and duties of commission.
2 § 6306. Training mandatory.
3 § 6307. Requirements for program participation or waiver.
4 § 6308. County Probation Officers' Firearm Education and
5 Training Fund.
6 § 6309. Applicability.
7 PART V. MISCELLANEOUS PROVISIONS
8 Chapter 71. Interstate Compacts
9 Subchapter A. Interstate Corrections Compact
10 § 7101. Short title of subchapter.
11 § 7102. Interstate Corrections Compact.
12 § 7103. Powers.
13 Subchapter B. Interstate Compact for the Supervision of
14 Adult Offenders
15 § 7111. Short title of subchapter.
16 § 7112. Authority to execute compact.
17 § 7113. When and how compact becomes operative.
18 § 7114. State council and compact administrator.
19 Subchapter C. Administrative Provisions
20 § 7121. Deputization.
21 § 7122. Supervision of persons paroled by other states.
22 § 7123. Penalty.
23 The General Assembly of the Commonwealth of Pennsylvania
24 hereby enacts as follows:
25 Section 1. Title 42 of the Pennsylvania Consolidate Statutes
26 is amended by adding sections to read:
27 § 9755.1. Temporary release from county correctional
28 institution.
29 (a) Conditions permitting release.--
30 (1) When a person has been sentenced to undergo
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1 imprisonment in a county correctional institution for a term
2 of less than five years, the court, at the time of sentence
3 or at any time thereafter upon application made therefor, may
4 by order direct the sheriff or chief administrator of the
5 county correctional institution to permit the inmate to leave
6 the jail during necessary and reasonable hours for the
7 purpose of:
8 (i) working at his employment;
9 (ii) conducting his own business or other self-
10 employed occupation, including housekeeping and attending
11 to the needs of family;
12 (iii) seeking employment;
13 (iv) attendance at an educational institution;
14 (v) securing medical treatment; or
15 (vi) such other lawful purposes as the court shall
16 consider necessary and appropriate.
17 (2) The order of court may be rescinded or modified at
18 any time with or without notice to the inmate.
19 (b) Surrender of wages.--When an inmate is employed for
20 wages or salary, the chief administrator of the county
21 correctional institution shall collect the wages or salary or
22 require the inmate to turn over his wages or salary in full when
23 received, and the chief administrator shall deposit the same in
24 a trust checking account and keep a ledger showing the status of
25 the account of each inmate.
26 (c) Liability for board cost.--
27 (1) An inmate gainfully employed shall be liable for the
28 cost of his board in the county correctional institution as
29 fixed by the county commissioners. If necessarily absent from
30 jail at a meal time, the inmate shall, at his request, be
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1 furnished with an adequate nourishing lunch to carry to work.
2 (2) The chief administrator of the county correctional
3 institution shall charge the inmate's account if the inmate
4 has one for such board.
5 (3) If the inmate is gainfully self-employed, the inmate
6 shall pay for such board in default of which his privilege
7 under this section shall be automatically forfeited.
8 (4) If the food in the county correctional institution
9 is furnished directly by the county, the chief administrator
10 of the county correctional institution shall account for and
11 pay over such board payments to the county treasurer.
12 (d) Disbursements from inmate accounts.--By order of the
13 court, the wages or salaries of employed inmates shall be
14 disbursed for the following purposes in the order stated:
15 (1) The board of the inmate.
16 (2) Necessary travel expense to and from work and other
17 incidental expenses of the inmate.
18 (3) Support of the inmate's dependents, if any, the
19 amount to be determined by the court.
20 (4) Payment of docket costs connected with the
21 commitment of the inmate.
22 (5) Payment either in full or ratably of the inmate's
23 obligations acknowledged by him in writing or which have been
24 reduced to judgment.
25 (6) The balance, if any, to the inmate upon discharge.
26 (e) Intercounty custody.--The court may by order authorize
27 the chief administrator of a county correctional institution to
28 whom an inmate is committed to arrange with the chief
29 administrator of another county correctional institution for the
30 employment of the prisoner in the other's county and while so
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1 employed to be in the other's custody but in other respects to
2 be and continue subject to the commitment.
3 § 9775. Parole without board supervision.
4 A sentencing court shall grant parole from a term of
5 imprisonment for less than a maximum period of two years, and,
6 together with all probations except probation as to which
7 supervision is specially ordered by the court as provided for in
8 section 9721 (relating to sentencing generally), parole shall be
9 without supervision by the board.
10 § 9776. Judicial power to release inmates.
11 (a) General rule.--Except as otherwise provided under this
12 chapter, a court of this Commonwealth or other court of record
13 having jurisdiction may, after due hearing, release on parole an
14 inmate in the county correctional institution of that judicial
15 district.
16 (b) Petition required.--No inmate may be paroled under this
17 section except on petition verified by the oath of the inmate or
18 by the inmate's representative and presented and filed in the
19 court in which the inmate was convicted.
20 (c) Hearing.--On presentation of the petition, the court
21 shall fix a day for the hearing. A copy of the petition shall be
22 served on the district attorney and prosecutor in the case at
23 least ten days before the day fixed for the hearing. Proof of
24 service on the district attorney and the prosecutor shall be
25 produced at the hearing.
26 (d) Order.--After the hearing, the court shall make such
27 order as it may deem just and proper. In case the court paroles
28 the inmate, it shall place the inmate in the charge of and under
29 the supervision of a designated probation officer.
30 (e) Recommit.--The court may, on cause shown by the
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1 probation officer that the inmate has violated his parole,
2 recommit and reparole the inmate in the same manner and by the
3 same procedure as in the case of the original parole if, in the
4 judgment of the court, there is a reasonable probability that
5 the inmate will benefit by being paroled. The court may also
6 recommit for violation of that parole.
7 (f) Limitation.--
8 (1) Subject to the provisions of paragraph (2), the
9 power of a court to parole an inmate under this section shall
10 extend for a period not to exceed the maximum sentence
11 provided by law for the offense of which the inmate was
12 convicted, regardless of the sentence first imposed upon the
13 prisoner.
14 (2) A court may release on parole, on petition to any
15 other court, an inmate committed to a correctional
16 institution by any magisterial district judge and shall have
17 the same power to recommit an inmate paroled under this
18 section.
19 § 9777. Transfer of inmates in need of medical treatment.
20 (a) General rule.--Whenever an inmate is shown to a court of
21 record by due proof that the inmate is seriously ill and that it
22 is necessary to remove the inmate from the correctional
23 institution, the court may:
24 (1) Modify its sentence, impose a suitable sentence or
25 modify the order of confinement for trial, as the case may
26 be.
27 (2) Provide for the confinement or care of the inmate in
28 some other suitable institution where proper medical
29 treatment may be administered.
30 (b) Recommitment.--When an inmate is removed under
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1 subsection (a) and recovers from the serious illness, the court
2 shall recommit the inmate to the correctional facility from
3 which the inmate was removed.
4 (c) Penalty.--An inmate who is removed under an order of
5 court pursuant to subsection (a) and escapes commits an offense
6 under 18 Pa.C.S. § 5121(a) (relating to escape).
7 Section 2. Chapter 99 of Title 42 is amended to read:
8 [CHAPTER 99
9 STATE INTERMEDIATE PUNISHMENT
10 Sec.
11 9901. Scope of chapter.
12 9902. Findings and purpose.
13 9903. Definitions.
14 9904. Referral to State intermediate punishment program.
15 9905. Drug offender treatment program.
16 9906. Written guidelines and regulations.
17 9907. Reports.
18 9908. Construction.
19 9909. Evaluation.
20 § 9901. Scope of chapter.
21 This chapter relates to State intermediate punishment.
22 § 9902. Findings and purpose.
23 The General Assembly finds as follows:
24 (1) Many crimes are committed by persons who, because of
25 their addiction to drugs or alcohol, are unable to maintain
26 gainful employment.
27 (2) These persons often commit crimes as a means of
28 obtaining the funds necessary to purchase drugs or alcohol.
29 (3) Many persons commit crimes while under the influence
30 of drugs or alcohol even though they are not addicted to such
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1 substances in a clinical sense.
2 (4) Punishing persons who commit crimes is an important
3 aspect of recognizing the harm that criminals visit upon
4 their victims.
5 (5) Many people who commit crimes will be able to become
6 law-abiding, contributing members of society if they are able
7 to obtain treatment for their drug or alcohol addiction or
8 abuse.
9 (6) The purpose of this chapter is to create a program
10 that punishes person who commit crimes, but also provides
11 treatment that offers the opportunity for those persons to
12 address their drug or alcohol addiction or abuse and thereby
13 reduce the incidents of recidivism and enhance public safety.
14 § 9903. Definitions.
15 The following words and phrases when used in this chapter
16 shall have the meanings given to them in this section unless the
17 context clearly indicates otherwise:
18 "Commission." The Pennsylvania Commission on Sentencing.
19 "Community-based therapeutic community." A long-term
20 residential addiction treatment program licensed by the
21 Department of Health to provide addiction treatment services
22 using a therapeutic community model and determined by the
23 Department of Corrections to be qualified to provide addiction
24 treatment to eligible offenders.
25 "Community corrections center." A residential program that
26 is supervised and operated by the Department of Corrections for
27 inmates with prerelease status or who are on parole.
28 "Court." The trial judge exercising sentencing jurisdiction
29 over an eligible offender under this chapter or the president
30 judge if the original trial judge is no longer serving as a
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1 judge of the sentencing court.
2 "Defendant." An individual charged with a drug-related
3 offense.
4 "Department." The Department of Corrections of the
5 Commonwealth.
6 "Drug offender treatment program." An individualized
7 treatment program established by the Department of Corrections
8 consisting primarily of drug and alcohol addiction treatment
9 that satisfies the terms and conditions listed in section 9905
10 (relating to drug offender treatment program).
11 "Drug-related offense." A criminal offense for which a
12 defendant is convicted and that the court determines was
13 motivated by the defendant's consumption of or addiction to
14 alcohol or a controlled substance, counterfeit, designer drug,
15 drug, immediate precursor or marihuana, as those terms are
16 defined in the act of April 14, 1972 (P.L.233, No.64), known as
17 The Controlled Substance, Drug, Device and Cosmetic Act.
18 "Eligible offender." Subject to section 9721(a.1) (relating
19 to sentencing generally), a defendant designated by the
20 sentencing court as a person convicted of a drug-related offense
21 who:
22 (1) Has undergone an assessment performed by the
23 Department of Corrections, which assessment has concluded
24 that the defendant is in need of drug and alcohol addiction
25 treatment and would benefit from commitment to a drug
26 offender treatment program and that placement in a drug
27 offender treatment program would be appropriate.
28 (2) Does not demonstrate a history of present or past
29 violent behavior.
30 (3) Would be placed in the custody of the department if
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1 not sentenced to State intermediate punishment.
2 (4) Provides written consent permitting release of
3 information pertaining to the defendant's participation in a
4 drug offender treatment program.
5 The term shall not include a defendant who is subject to a
6 sentence the calculation of which includes an enhancement for
7 the use of a deadly weapon, as defined pursuant to law or the
8 sentencing guidelines promulgated by the Pennsylvania Commission
9 on Sentencing, or a defendant who has been convicted of a
10 personal injury crime as defined in section 103 of the act of
11 November 24, 1998 (P.L.882, No.111), known as the Crime Victims
12 Act, or an attempt or conspiracy to commit such a crime or who
13 has been convicted of violating 18 Pa.C.S. § 4302 (relating to
14 incest), 5901 (relating to open lewdness), 6312 (relating to
15 sexual abuse of children), 6318 (relating to unlawful contact
16 with minor) or 6320 (relating to sexual exploitation of
17 children) or Ch. 76 Subch. C (relating to Internet child
18 pornography).
19 "Expulsion." The permanent removal of a participant from a
20 drug offender treatment program.
21 "Group home." A residential program that is contracted out
22 by the Department of Corrections to a private service provider
23 for inmates with prerelease status or who are on parole.
24 "Individualized drug offender treatment plan." An
25 individualized addiction treatment plan within the framework of
26 the drug offender treatment program.
27 "Institutional therapeutic community." A residential drug
28 treatment program in a State correctional institution,
29 accredited as a therapeutic community for treatment of drug and
30 alcohol abuse and addiction by the American Correctional
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1 Association or other nationally recognized accreditation
2 organization for therapeutic community drug and alcohol
3 addiction treatment.
4 "Outpatient addiction treatment facility." An addiction
5 treatment facility licensed by the Department of Health and
6 designated by the Department of Corrections as qualified to
7 provide addiction treatment to criminal justice offenders.
8 "Participant." An eligible offender actually sentenced to
9 State intermediate punishment pursuant to section 9721(a)(7)
10 (relating to sentencing generally).
11 "Transitional residence." A residence investigated and
12 approved by the Department of Corrections as appropriate for
13 housing a participant in a drug offender treatment program.
14 § 9904. Referral to State intermediate punishment program.
15 (a) Referral for evaluation.--
16 (1) Prior to imposing a sentence, the court may, upon
17 motion of the Commonwealth and agreement of the defendant,
18 commit a defendant to the custody of the department for the
19 purpose of evaluating whether the defendant would benefit
20 from a drug offender treatment program and whether placement
21 in the drug offender treatment program is appropriate.
22 (2) Upon committing a defendant to the department, the
23 court shall forward to the department:
24 (i) A summary of the offense for which the defendant
25 has been convicted.
26 (ii) Information relating to the defendant's history
27 of delinquency or criminality, including the information
28 maintained by the court pursuant to Chapter 63 (relating
29 to juvenile matters), when available.
30 (iii) Information relating to the defendant's
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1 history of drug or alcohol abuse or addiction, when
2 available.
3 (iv) A presentence investigation report, when
4 available.
5 (v) Any other information the court deems relevant
6 to assist the department with its assessment of the
7 defendant.
8 (b) Assessment of addiction.--
9 (1) The department shall conduct an assessment of the
10 addiction and other treatment needs of a defendant and
11 determine whether the defendant would benefit from a drug
12 offender treatment program. The assessment shall be conducted
13 using a nationally recognized assessment instrument or an
14 instrument that has been normed and validated on the
15 department's inmate population by a recognized expert in such
16 matters. The assessment instrument shall be administered by
17 persons skilled in the treatment of drug and alcohol
18 addiction and trained to conduct assessments. The assessments
19 shall be reviewed and approved by a supervisor with at least
20 three years of experience providing drug and alcohol
21 counseling services.
22 (2) The department shall conduct risk and other
23 assessments it deems appropriate and shall provide a report
24 of its assessment to the court, the defendant, the attorney
25 for the Commonwealth and the commission within 60 days of the
26 court's commitment of the defendant to the custody of the
27 department.
28 (c) Proposed drug offender treatment program.--If the
29 department in its discretion believes a defendant would benefit
30 from a drug offender treatment program and placement in the drug
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1 offender treatment program is appropriate, the department shall
2 provide the court, the defendant, the attorney for the
3 Commonwealth and the commission with a proposed drug offender
4 treatment program detailing the type of treatment proposed.
5 (d) Prerequisites for commitment.--Upon receipt of a
6 recommendation for placement in a drug offender treatment
7 program from the department and agreement of the attorney for
8 the Commonwealth and the defendant, the court may sentence an
9 eligible offender to a period of 24 months of State intermediate
10 punishment if the court finds that:
11 (1) The eligible offender is likely to benefit from
12 State intermediate punishment.
13 (2) Public safety would be enhanced by the eligible
14 offender's participation in State intermediate punishment.
15 (3) Sentencing the eligible offender to State
16 intermediate punishment would not depreciate the seriousness
17 of the offense.
18 (e) Consecutive probation.--Nothing in this chapter shall
19 prohibit the court from sentencing an eligible offender to a
20 consecutive period of probation. The total duration of the
21 sentence may not exceed the maximum term for which the eligible
22 offender could otherwise be sentenced.
23 (f) Applicability and program limitations.--The court may
24 not modify or alter the terms of the department's proposed
25 individualized drug offender treatment plan without the
26 agreement of the department and the attorney for the
27 Commonwealth.
28 (g) Videoconferencing.--The department shall make
29 videoconferencing facilities available to allow the court to
30 conduct proceedings necessary under this section when the
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1 eligible offender has been committed to the custody of the
2 department pursuant to subsection (b).
3 § 9905. Drug offender treatment program.
4 (a) Establishment.--The department shall establish and
5 administer a drug offender treatment program as a State
6 intermediate punishment. The program shall be designed to
7 address the individually assessed drug and alcohol abuse and
8 addiction needs of a participant and shall address other issues
9 essential to the participant's successful reintegration into the
10 community, including, but not limited to, educational and
11 employment issues.
12 (b) Duration and components.--Notwithstanding any credit to
13 which the defendant may be entitled under section 9760 (relating
14 to credit for time served), the duration of the drug offender
15 treatment program shall be 24 months and shall include the
16 following:
17 (1) A period in a State correctional institution of not
18 less than seven months. This period shall include:
19 (i) The time during which the defendants are being
20 evaluated by the department under section 9904(b)
21 (relating to referral to State intermediate punishment
22 program).
23 (ii) Following evaluation under subparagraph (i),
24 not less than four months shall be in an institutional
25 therapeutic community.
26 (2) A period of treatment in a community-based
27 therapeutic community of at least two months.
28 (3) A period of at least six months' treatment through
29 an outpatient addiction treatment facility. During the
30 outpatient addiction treatment period of the drug offender
20050S0506B1883 - 22 -
1 treatment program, the participant may be housed in a
2 community corrections center or group home or placed in an
3 approved transitional residence. The participant must comply
4 with any conditions established by the department regardless
5 of where the participant resides during the outpatient
6 addiction treatment portion of the drug offender treatment
7 program.
8 (4) A period of supervised reintegration into the
9 community for the balance of the drug offender treatment
10 program, during which the participant shall continue to be
11 supervised by the department and comply with any conditions
12 imposed by the department.
13 (c) Program management.--
14 (1) Consistent with the minimum time requirements set
15 forth in subsection (b), the department may transfer, at its
16 discretion, a participant between a State correctional
17 institution, an institutional therapeutic community, a
18 community-based therapeutic community, an outpatient
19 addiction treatment program and an approved transitional
20 residence. The department may also transfer a participant
21 back and forth between less restrictive and more restrictive
22 settings based upon the participant's progress or regression
23 in treatment or for medical, disciplinary or other
24 administrative reasons.
25 (2) This subsection shall be construed to provide the
26 department with the maximum flexibility to administer the
27 drug offender treatment program both as a whole and for
28 individual participants.
29 (d) Right of refusal to admit.--The administrator of a
30 community-based therapeutic community or outpatient addiction
20050S0506B1883 - 23 -
1 treatment facility may refuse to accept a participant whom the
2 administrator deems to be inappropriate for admission and may
3 immediately discharge to the custody of the department any
4 participant who fails to comply with facility rules and
5 treatment expectations or refuses to constructively engage in
6 the treatment process.
7 (e) Notice to court of completion of program.--When the
8 department determines that a participant has successfully
9 completed the drug offender treatment program, it shall notify
10 the sentencing court, the attorney for the Commonwealth and the
11 commission.
12 (f) Expulsion from program.--
13 (1) A participant may be expelled from the drug offender
14 treatment program at any time in accordance with guidelines
15 established by the department, including failure to comply
16 with administrative or disciplinary procedures or
17 requirements set forth by the department.
18 (2) The department shall promptly notify the court, the
19 defendant, the attorney for the Commonwealth and the
20 commission of the expulsion of a participant from the drug
21 offender treatment program and the reason for such expulsion.
22 The participant shall be housed in a State correctional
23 institution or county jail pending action by the court.
24 (3) The court shall schedule a prompt State intermediate
25 punishment revocation hearing pursuant to section 9774
26 (relating to revocation of State intermediate punishment
27 sentence).
28 § 9906. Written guidelines and regulations.
29 The department shall develop written guidelines for
30 participant selection criteria and the establishment of drug
20050S0506B1883 - 24 -
1 offender treatment program selection committees within each
2 diagnostic and classification center of the department and shall
3 address suspensions and expulsions from the drug offender
4 treatment program. The guidelines shall not be subject to the
5 act of June 25, 1982 (P.L.633, No.181), known as the Regulatory
6 Review Act, and shall be effective for a period of two years
7 upon publication in the Pennsylvania Bulletin. The guidelines
8 shall be replaced by regulations promulgated by the department
9 consistent with the Regulatory Review Act within the two-year
10 period during which the guidelines are effective. The
11 regulations shall include a requirement that community-based
12 therapeutic communities utilized in the drug offender treatment
13 program be accredited as a therapeutic community for treatment
14 of drug and alcohol abuse and addiction by the Commission on
15 Accreditation of Rehabilitation Facilities or other nationally
16 recognized accreditation organization for community-based
17 therapeutic communities for drug and alcohol addiction
18 treatment.
19 § 9907. Reports.
20 (a) Final report.--The department shall provide a final
21 report to the court, the defendant, the attorney for the
22 Commonwealth and the commission on a participant's progress in
23 the drug offender treatment program.
24 (b) Evaluation and report to General Assembly.--The
25 department and the commission shall monitor and evaluate the
26 drug offender treatment program to ensure that the programmatic
27 objectives are met. In odd-numbered years, the department shall
28 present a report of its evaluation to the Judiciary Committee of
29 the Senate and the Judiciary Committee of the House of
30 Representatives no later than February 1. In even-numbered
20050S0506B1883 - 25 -
1 years, the commission shall present a report of its evaluation
2 to the Judiciary Committee of the Senate and the Judiciary
3 Committee of the House of Representatives no later than February
4 1. The report shall include:
5 (1) The number of offenders evaluated for the drug
6 offender treatment program.
7 (2) The number of offenders sentenced to the drug
8 offender treatment program.
9 (3) The number of offenders sentenced to a State
10 correctional institution who may have been eligible for the
11 drug offender treatment program.
12 (4) The number of offenders successfully completing the
13 drug offender treatment program.
14 (5) The six-month, one-year, three-year and five-year
15 recidivism rates for offenders who have completed the drug
16 offender treatment program and for a comparison group of
17 offenders who were not placed in the drug offender treatment
18 program.
19 (6) Any changes the department or the commission
20 believes will make the drug offender treatment program more
21 effective.
22 § 9908. Construction.
23 Notwithstanding any other provision of law to the contrary,
24 this chapter shall not be construed to:
25 (1) Confer any legal right upon any individual,
26 including an individual participating in the drug offender
27 treatment program, to:
28 (i) participate in a drug offender treatment
29 program;
30 (ii) continue participation in a drug offender
20050S0506B1883 - 26 -
1 treatment program;
2 (iii) modify the contents of the drug offender
3 treatment program; or
4 (iv) file any cause of action in any court
5 challenging the department's determination that a
6 participant be suspended or expelled from or that a
7 participant has successfully completed or failed to
8 successfully complete treatment to be provided during any
9 portion of a drug offender treatment program.
10 (2) Enlarge or limit the right of a participant to
11 appeal the participant's sentence.
12 § 9909. Evaluation.
13 The department and the commission shall monitor and evaluate
14 the motivational boot camp program under the act of December 19,
15 1990 (P.L.1391, No.215), known as the Motivational Boot Camp
16 Act, to ensure that the programmatic objectives are met. In
17 even-numbered years, the department shall present a report of
18 its evaluation to the Judiciary Committee of the Senate and the
19 Judiciary Committee of the House of Representatives no later
20 than February 1. In odd-numbered years, the commission shall
21 present a report of its evaluation to the Judiciary Committee of
22 the Senate and the Judiciary Committee of the House of
23 Representatives no later than February 1.]
24 Section 3. Title 42 is amended by adding a chapter to read:
25 CHAPTER 99
26 OTHER CRIMINAL PROVISIONS
27 Subchapter
28 A. County Probation Officers
29 SUBCHAPTER A
30 COUNTY PROBATION OFFICERS
20050S0506B1883 - 27 -
1 Sec.
2 9911. Definitions.
3 9912. Supervisory relationship to offenders.
4 9913. Peace officer power for probation officers.
5 § 9911. Definitions.
6 The following words and phrases when used in this subchapter
7 shall have the meanings given in this section unless the context
8 clearly indicates otherwise:
9 "ARD." Accelerated Rehabilitative Disposition.
10 "Conditions of supervision." Any terms or conditions of an
11 offender's supervision whether imposed by the court or an
12 officer, including compliance with all requirements of Federal,
13 State and local law.
14 "Contraband." Any item that an offender is not permitted to
15 possess under the conditions of supervision, including any item
16 whose possession is forbidden by any Federal, State or local
17 law.
18 "Court." The court of common pleas or any judge thereof, the
19 Philadelphia Municipal Court or any judge thereof, the
20 Pittsburgh Magistrates Court or any judge thereof or any
21 magisterial district judge.
22 "Exigent circumstances." The term includes, but is not
23 limited to, suspicion that contraband or other evidence of
24 violations of the conditions of supervision might be destroyed
25 or suspicion that a weapon might be used. Exigent circumstances
26 always exist with respect to a vehicle.
27 "Offender." A person released on county probation,
28 intermediate punishment or county parole. The term shall not
29 include any person serving a period of probation pursuant to
30 Accelerated Rehabilitative Disposition, except as authorized
20050S0506B1883 - 28 -
1 under section 6362(b)(relating to supervisory relationship to
2 offenders).
3 "Officer." A probation or parole officer appointed or
4 employed by any court or by any county department of probation
5 and parole to supervise persons released on county probation or
6 parole.
7 "Personal search." A warrantless search of an offender's
8 person, including, but not limited to, the offender's clothing
9 and any personal property which is in the possession, within the
10 reach or under the control of the offender.
11 "Property search." A warrantless search of real property,
12 vehicle or personal property which is in the possession or under
13 the control of an offender.
14 "Real property." Any residence or business property of an
15 offender, including all portions of the property to which the
16 offender has access.
17 "Supervisor." An individual acting in a supervisory or
18 administrative capacity.
19 § 9912. Supervisory relationship to offenders.
20 (a) General rule.--Officers are in a supervisory
21 relationship with their offenders. The purpose of this
22 supervision is to assist the offenders in their rehabilitation
23 and reassimilation into the community and to protect the public.
24 (b) Searches and seizures authorized.--
25 (1) Officers and, where they are responsible for the
26 supervision of county offenders, State parole agents may
27 search the person and property of offenders in accordance
28 with the provisions of this section.
29 (2) (i) Officers may search, in accordance with the
30 provisions of this section, the person and property of
20050S0506B1883 - 29 -
1 any offender who accepts ARD as a result of a charge of a
2 violation of 18 Pa.C.S. Ch. 31 (relating to sexual
3 offenses) if the court has determined that the offender
4 shall be subject to personal and property searches as a
5 condition of the offender's participation in the ARD
6 program.
7 (ii) The court shall notify each offender so offered
8 ARD, prior to admission to an ARD program, that the
9 offender shall be subject to searches in accordance with
10 this section.
11 (iii) Nothing in this section shall be construed to
12 permit searches or seizures in violation of the
13 Constitution of the United States or section 8 of Article
14 I of the Constitution of Pennsylvania.
15 (c) Effect of violation.--No violation of this section shall
16 constitute an independent ground for suppression of evidence in
17 any probation and parole or criminal proceeding.
18 (d) Grounds for personal search.--
19 (1) A personal search of an offender may be conducted by
20 an officer:
21 (i) if there is a reasonable suspicion to believe
22 that the offender possesses contraband or other evidence
23 of violations of the conditions of supervision;
24 (ii) when an offender is transported or taken into
25 custody; or
26 (iii) upon an offender entering or leaving the
27 securing enclosure of a correctional institution, jail or
28 detention facility.
29 (2) A property search may be conducted by an officer if
30 there is reasonable suspicion to believe that the real or
20050S0506B1883 - 30 -
1 other property in the possession of or under the control of
2 the offender contains contraband or other evidence of
3 violations of the conditions of supervision.
4 (3) Prior approval of a supervisor shall be obtained for
5 a property search absent exigent circumstances. No prior
6 approval shall be required for a personal search.
7 (4) A written report of every property search conducted
8 without prior approval shall be prepared by the officer who
9 conducted the search and filed in the offender's case record.
10 The exigent circumstances shall be stated in the report.
11 (5) The offender may be detained if he is present during
12 a property search. If the offender is not present during a
13 property search, the officer in charge of the search shall
14 make a reasonable effort to provide the offender with notice
15 of the search, including a list of the items seized, after
16 the search is completed.
17 (6) The existence of reasonable suspicion to search
18 shall be determined in accordance with constitutional search
19 and seizure provisions as applied by judicial decision. In
20 accordance with such case law, the following factors, where
21 applicable, may be taken into account:
22 (i) The observations of officers.
23 (ii) Information provided by others.
24 (iii) The activities of the offender.
25 (iv) Information provided by the offender.
26 (v) The experience of the officers with the
27 offender.
28 (vi) The experience of officers in similar
29 circumstances.
30 (vii) The prior criminal and supervisory history of
20050S0506B1883 - 31 -
1 the offender.
2 (viii) The need to verify compliance with the
3 conditions of supervision.
4 (e) Nonresident offenders.--No officer shall conduct a
5 personal or property search of an offender who is residing in a
6 foreign state except for the limited purposes permitted under
7 the Interstate Compact for the Supervision of Parolees and
8 Probationers. The offender is held accountable to the rules of
9 both the sending state and the receiving state. Any personal or
10 property search of an offender residing in another state shall
11 be conducted by an officer of the receiving state.
12 (f) When authority is effective.--The authority granted to
13 the officers under this section shall be effective upon
14 enactment of this section, without the necessity of any further
15 regulation by the board.
16 § 9913. Peace officer power for probation officers.
17 An officer is declared to be a peace officer and shall have
18 police powers and authority throughout this Commonwealth to
19 arrest with or without warrant, writ, rule or process any person
20 on probation, intermediate punishment or parole under the
21 supervision of the court for failing to report as required by
22 the terms of that person's probation, intermediate punishment or
23 parole or for any other violation of that person's probation,
24 intermediate punishment or parole.
25 Section 4. The heading of Title 61 is amended and the title
26 is amended by adding parts to read:
27 TITLE 61
28 [PENAL AND CORRECTIONAL INSTITUTIONS]
29 PRISONS AND PAROLE
30 PART I
20050S0506B1883 - 32 -
1 GENERAL PROVISIONS
2 Chapter
3 1. Preliminary Provisions
4 CHAPTER 1
5 PRELIMINARY PROVISIONS
6 Sec.
7 101. Short title of title.
8 102. Definitions.
9 § 101. Short title of title.
10 This title shall be known and may be cited as the Prisons and
11 Parole Code.
12 § 102. Definitions.
13 The following words and phrases when used in this title shall
14 have the meanings given to them in this section unless the
15 context clearly indicates otherwise:
16 "Board." The Pennsylvania Board of Probation and Parole.
17 "Chief administrator." The warden, superintendent or other
18 officer in charge of a correctional institution.
19 "Correctional institution." A State correctional institution
20 or a county correctional institution.
21 "Corrections officer." A person employed at a correctional
22 institution to provide any security or custodial service for
23 inmates.
24 "County correctional institution." A correctional facility,
25 prison or jail owned or operated by a county.
26 "Department." The Department of Corrections of the
27 Commonwealth.
28 "Inmate." A person committed to a term of imprisonment or
29 otherwise confined under the custody of the Commonwealth or a
30 county in a correctional institution in accordance with law.
20050S0506B1883 - 33 -
1 "Secretary." The Secretary of Corrections of the
2 Commonwealth.
3 "State correctional institution." A correctional facility,
4 prison or jail owned or operated by the Commonwealth.
5 PART II
6 CORRECTIONAL INSTITUTIONS
7 Chapter
8 11. General Administration
9 13. (Reserved)
10 15. (Reserved)
11 17. County Correctional Institutions
12 CHAPTER 11
13 GENERAL ADMINISTRATION
14 Subchapter
15 A. Penal Operations and Procedures
16 B. Inmate Transfers
17 C. Escaped Inmates
18 SUBCHAPTER A
19 PENAL OPERATIONS AND PROCEDURES
20 Sec.
21 1101. Benefits to injured employees of State correctional
22 institutions.
23 1102. Correctional facility for criminological diagnosis.
24 1103. Recording system for identification of criminal
25 offenders.
26 § 1101. Benefits to injured employees of State correctional
27 institutions.
28 (a) General rule.--An employee of a State correctional
29 institution who is injured during the course of that employment
30 by an act of an inmate or by any person who has been committed
20050S0506B1883 - 34 -
1 to the State correctional institution by any court of the
2 Commonwealth or by any provision of the act of July 9, 1976
3 (P.L.817, No.143), known as the Mental Health Procedures Act,
4 shall be paid by the Commonwealth the employee's full salary
5 until the disability arising from the injury no longer prevents
6 the employee's return as an employee of the department at a
7 salary equal to that earned by the employee at the time of the
8 injury.
9 (b) Medical and hospital expenses.--All medical and hospital
10 expenses incurred in connection with an injury described in
11 subsection (a) shall be paid by the Commonwealth until the
12 disability arising from the injury no longer prevents the
13 employee's return as an employee of the department at a salary
14 equal to that earned by the employee at the time of the injury.
15 (c) Workers' compensation.--During the time salary for an
16 injury described in subsection (a) shall be paid by the
17 Commonwealth, any workers' compensation received or collected
18 for the period shall be turned over to the Commonwealth and paid
19 into the General Fund. If such payment is not made, the amount
20 due the Commonwealth shall be deducted from any salary then or
21 thereafter becoming due and owing to the employee.
22 (d) Survivor benefits.--
23 (1) The surviving spouse and minor dependents of an
24 employee who dies within one year as a result of an injury
25 described in subsection (a) shall be paid benefits equal to
26 50% of the full salary of the deceased employee.
27 (2) (i) When a surviving spouse and minor dependents
28 not in the custody of the surviving spouse are entitled
29 to payments, 50% of the payments shall be paid to the
30 surviving spouse and 50% to the dependents.
20050S0506B1883 - 35 -
1 (ii) In every case the amount payable to minor
2 dependents shall be divided equally among them and be
3 paid to the persons or institutions having custody of
4 them.
5 (3) (i) In the case of a surviving spouse or a
6 surviving spouse with minor dependents in the custody of
7 the surviving spouse, the benefits shall terminate when
8 the surviving spouse remarries.
9 (ii) In the case of minor dependents, except when in
10 the custody of a remarried surviving spouse, the benefits
11 shall terminate when all of the minor dependents become
12 18 years of age.
13 (iii) Neither a surviving spouse nor minor
14 dependents shall receive any benefits under this section
15 while receiving benefits under the Social Security Act
16 (49 Stat. 620, 42 U.S.C. § 301 et seq.).
17 (4) The benefits provided under this subsection shall be
18 reduced by the amount of any workers' compensation benefits
19 received or collected by the surviving spouse or minor
20 dependents because of the same injury.
21 (5) Payments for the benefit of minor dependents shall
22 be made to the person having legal custody of them.
23 (e) Effect of injury on leave of absence.--No absence from
24 duty of any State employee to whom this section applies by
25 reason of any injury described in subsection (a) shall in any
26 manner be deducted from any period of leave allowed the employee
27 by law or by regulation.
28 § 1102. Correctional facility for criminological diagnosis.
29 (a) Establishment.--There is hereby established a
30 correctional facility for criminological diagnosis,
20050S0506B1883 - 36 -
1 classification, social and psychological treatment and research,
2 medical treatment and staff training.
3 (b) Operation and management.--The department shall operate
4 and manage the correctional facility established under this
5 section, including staff training and the treatment, care,
6 maintenance, employment and rehabilitation of the inmates in
7 that facility.
8 § 1103. Recording system for identification of criminal
9 offenders.
10 (a) General rule.--The Pennsylvania State Police shall
11 continue to procure and file for record photographs, pictures,
12 descriptions, fingerprints and such other information pertaining
13 to all persons who have been convicted of a criminal offense
14 within this Commonwealth and also of all well-known and habitual
15 criminal offenders, wherever they may be procured.
16 (b) Cooperation from chief administrators.--Chief
17 administrators of correctional facilities shall furnish to the
18 Pennsylvania State Police, upon request, the fingerprints,
19 photographs and description of any inmate.
20 (c) Fingerprinting and photographing authorized.--
21 (1) The Pennsylvania State Police, chief administrators
22 of correctional facilities and all police officers within the
23 several political subdivisions of this Commonwealth may take
24 or cause to be taken the fingerprints or photographs of any
25 person in custody, charged with the commission of a criminal
26 offense or reasonably believed to be a fugitive from justice
27 or a habitual criminal. This paragraph shall not apply to
28 persons charged with a violation of 75 Pa.C.S. (relating to
29 vehicles) which is punishable upon conviction in a summary
30 proceeding unless the person is reasonably believed to be a
20050S0506B1883 - 37 -
1 fugitive from justice or a habitual criminal.
2 (2) The chiefs of law enforcement bureaus of all cities
3 within this Commonwealth shall furnish daily to the
4 Pennsylvania State Police copies of the fingerprints and, if
5 possible, photographs of any person arrested within their
6 jurisdiction charged with the commission of a criminal
7 offense classified as a felony of any degree, or who is
8 reasonably believed to be a fugitive from justice or a
9 habitual criminal. Such fingerprints shall be taken on forms
10 furnished or approved by the Pennsylvania State Police.
11 (3) The Pennsylvania State Police immediately upon the
12 receipt of records under this subsection shall compare them
13 with those already in their files and, if they find that any
14 person arrested has a previous criminal record or is a
15 fugitive from justice, shall immediately inform the arresting
16 officer or the officer having the inmate in charge of that
17 fact.
18 (d) Cooperation outside this Commonwealth.--The Pennsylvania
19 State Police shall cooperate with agencies of other states and
20 of the United States having similar powers to develop and carry
21 on a complete interstate, national and international system of
22 criminal identification and investigation and also to furnish,
23 upon request, any information in its possession concerning any
24 person charged with a criminal offense to any court, district
25 attorney or police officer of this Commonwealth, another state
26 or the United States.
27 (e) District attorneys may employ experts.--
28 (1) District attorneys may employ experts on
29 fingerprints to assist them in the investigation of pending
30 cases and to testify at the trial thereof. The compensation
20050S0506B1883 - 38 -
1 of any such expert shall be fixed by the district attorney
2 employing the expert, with the approval of the court of
3 common pleas, and shall be paid from the county treasury upon
4 warrant of the county commissioners in the usual manner.
5 (2) The district attorney of any county, the chief
6 administrator of a county correctional institution, any
7 expert employed by the district attorney or any other person
8 designated by the district attorney may, upon the written
9 order of the district attorney, take the fingerprints of any
10 person confined in the county correctional institution for
11 use in the identification of the inmate or for the inmate's
12 trial.
13 (3) (i) The district attorneys of the several counties
14 shall keep and arrange files of the fingerprints, taken
15 under this section, of persons convicted of a criminal
16 offense and shall destroy the fingerprints of all persons
17 acquitted.
18 (ii) The files of fingerprints maintained by the
19 district attorneys shall be open to the inspection of any
20 other district attorney of this Commonwealth, or their
21 representatives, or of the Pennsylvania State Police or
22 any sheriff or law enforcement officer.
23 (f) Penalty.--
24 (1) Neglect or refusal of any person mentioned in this
25 section to make the report required in this section, or to do
26 or perform any other act required to be done or performed in
27 connection with the operation of this section, shall
28 constitute a summary offense.
29 (2) Such neglect or refusal shall also constitute
30 malfeasance in office and subject such person to removal from
20050S0506B1883 - 39 -
1 office.
2 (3) Any person who removes, destroys or mutilates any of
3 the records of the Pennsylvania State Police or of any
4 district attorney shall be guilty of a misdemeanor of the
5 third degree.
6 SUBCHAPTER B
7 INMATE TRANSFERS
8 Sec.
9 1151. General transfer authorization.
10 1152. Transfers to department.
11 1153. Expense of removing certain inmates.
12 1154. Law enforcement use of county correctional institutions.
13 § 1151. General transfer authorization.
14 (a) County to State.--At the request of the chief
15 administrator of a county correctional institution, the
16 secretary or his designee may transfer inmates located in a
17 county correctional institution to the State correctional
18 institution system for such reasons and upon such terms and
19 conditions as the secretary may determine. The secretary or his
20 designee may transfer inmates in the State correctional
21 institution system to the jurisdiction of a county correctional
22 institution system upon such terms and conditions that the
23 secretary or his designee and the chief administrator of the
24 county correctional institution determine to be in the best
25 interests of the Commonwealth.
26 (b) County to county.--An inmate located in a county
27 correctional institution may be transferred to another county
28 correctional institution upon such terms and conditions as the
29 counties may determine.
30 (c) Federal to county or State.--The department and county
20050S0506B1883 - 40 -
1 correctional institutions may contract with the Federal
2 Government for the housing of Federal inmates in correctional
3 facilities.
4 § 1152. Transfers to department.
5 (a) Cities of the first class.--Every person sentenced by
6 any court to a county correctional institution situate in a city
7 of the first class shall be committed to the custody of the
8 department, where the department has established a correctional,
9 diagnostic and classification service for persons convicted of
10 any crime.
11 (b) Duty of department.--
12 (1) Every person committed to the custody of the
13 department under subsection (a) shall be confined, diagnosed
14 and classified by the department.
15 (2) Upon the completion of the diagnosis and
16 classification, the person shall be placed in the county
17 correctional institution of the city determined to be most
18 appropriate for the service of sentence.
19 (3) In making the determination under paragraph (2), the
20 department shall consider the problem of rehabilitation,
21 security, adequacy of facilities and such other factors as,
22 in its opinion, will serve to promote the rehabilitation of
23 inmates, consistent with the security and protection of the
24 county.
25 (c) Intradepartmental transfers.--The department may
26 transfer between any correctional institutions under its control
27 or supervision an inmate confined and serving in any of those
28 institutions, whether the sentence is imposed before or after
29 the effective date of this section, if the transfer is, in the
30 opinion of the department, consistent with the standards for
20050S0506B1883 - 41 -
1 original placement set forth in subsection (b).
2 § 1153. Expense of removing certain inmates.
3 The expenses of conveying inmates from the several counties
4 of this Commonwealth to the State correctional institutions in
5 the Eastern Region and Western Region shall be paid by the
6 counties from which the inmates may be sent.
7 § 1154. Law enforcement use of county correctional
8 institutions.
9 (a) General rule.--Sheriffs, constables, members of the
10 Pennsylvania State Police and other persons authorized by the
11 laws of this Commonwealth to make arrests shall have the use,
12 for a period not to exceed 48 hours, of borough and township
13 lockups and county correctional institutions for the detention
14 of persons arrested until they can be disposed of according to
15 law, if found necessary by the officer in charge.
16 (b) Reimbursement.--
17 (1) Boroughs, cities and townships are entitled to
18 receive compensation of not more than $2 per day of 24 hours,
19 for each prisoner detained under subsection (a), from the
20 treasury of the county having jurisdiction over the person
21 detained.
22 (2) This subsection does not apply to counties of the
23 second class.
24 SUBCHAPTER C
25 ESCAPED INMATES
26 Sec.
27 1161. Return of escaped inmates.
28 1162. Escaped inmate costs.
29 1163. Maintenance of escaping inmates under new sentence.
30 1164. Criminal offense during confinement.
20050S0506B1883 - 42 -
1 § 1161. Return of escaped inmates.
2 (a) General rule.--In all cases where an inmate after an
3 escape from a State correctional institution is apprehended or
4 arrested by any officer having authority to make such arrest,
5 the officer shall notify the State correctional institution from
6 which the escape was made. The State correctional institution
7 shall notify the department or the Pennsylvania State Police,
8 who shall immediately send an officer or officers to return the
9 inmate to the State correctional institution.
10 (b) Expenses.--All necessary expenses incurred by the
11 officer or officers in returning an escaped inmate to the State
12 correctional institution shall be borne by the State
13 correctional institution from which the escape was made, which
14 expenses shall be refunded to the county correctional
15 institution or the Pennsylvania State Police whose officer or
16 agent makes the return.
17 § 1162. Escaped inmate costs.
18 (a) County jurisdiction.--
19 (1) The cost of transporting an escaped inmate under the
20 jurisdiction of the county from the place of capture to any
21 county correctional institution after being sentenced for the
22 escape or for the commission of any crime or offense
23 following such escape and before apprehension, the cost of
24 maintenance while confined in the county correctional
25 institution awaiting trial, as well as the costs of the trial
26 for the violation by an inmate under the jurisdiction of the
27 county under 18 Pa.C.S. § 5121 (relating to escape), or of
28 the trial for crimes and offenses committed after the escape
29 and before apprehension, or of the trial for crimes and
30 offenses committed on the grounds or within the buildings of
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1 any county correctional institution, as well as the costs
2 incurred in any proceedings on writs of habeas corpus, coram
3 nobis or other petitions arising out of any escape or crime
4 or the trials therefor or in any appeals of any such
5 proceedings or trials shall in each instance be borne and
6 paid by the respective counties of the Commonwealth from
7 whose courts the inmates were originally committed to any
8 county correctional institution.
9 (2) The county liable for costs under this subsection
10 shall, upon bills rendered by the county paying the costs in
11 the first instance, pay to that county the amount of the
12 costs.
13 (b) State jurisdiction.--The cost of transporting escaped
14 inmates under the jurisdiction of the Commonwealth from the
15 place of capture to any State correctional institution after
16 being sentenced for the escape, or for the commission of any
17 criminal offense following the escape and before apprehension,
18 as well as the costs of the trial for escape or breaking away of
19 inmates from any State correctional institution or the violation
20 by the inmates under the jurisdiction of the Commonwealth under
21 18 Pa.C.S. § 5121, or of the trial for crimes and offenses
22 committed after such escape and before apprehension, or of the
23 trial for crimes and offenses committed on the grounds or within
24 the buildings of any State correctional institution, as well as
25 the costs incurred in any proceedings on writs of habeas corpus,
26 coram nobis or other petitions arising out of any escape or
27 criminal offense or the trials therefor, or in any appeals of
28 any such proceedings or trials, shall in each instance be borne
29 and paid by the Commonwealth.
30 (c) Definition.--As used in this section, the term "costs"
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1 includes, but is not limited to, charges for court stenographer,
2 district attorney, witness fees, magisterial district judge,
3 clerk of court, public defender and court-appointed attorney.
4 § 1163. Maintenance of escaping inmates under new sentence.
5 (a) County jurisdiction.--In case of conviction and sentence
6 of an escaping inmate under the jurisdiction of the county, the
7 costs of maintenance of the inmates under such new sentence
8 shall be borne by the county from which the inmate was
9 originally committed.
10 (b) State jurisdiction.--In case of conviction and sentence
11 of an escaping inmate under the jurisdiction of the
12 Commonwealth, the costs of maintenance of the inmate under such
13 new sentence shall be borne by the Commonwealth.
14 (c) Additional police expenses.--Any additional police
15 expenses incurred by a political subdivision as a result of the
16 escape of an inmate under the jurisdiction of the Commonwealth
17 shall be borne by the Commonwealth.
18 § 1164. Criminal offense during confinement.
19 Where an inmate is in a State correctional institution either
20 because of the inmate's sentence pursuant to the inmate's
21 conviction or plea of guilty to a criminal charge or because of
22 a commitment issued by any court of the Commonwealth having
23 jurisdiction and, while so confined, the inmate commits a
24 criminal offense and is subsequently convicted or enters a plea
25 of guilty, the expenses of keeping the inmate in any State
26 correctional institution pursuant to such subsequent conviction
27 or plea of guilty shall be borne by the Commonwealth.
28 CHAPTER 13
29 (RESERVED)
30 CHAPTER 15
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1 (RESERVED)
2 CHAPTER 17
3 COUNTY CORRECTIONAL INSTITUTIONS
4 Subchapter
5 A. Counties and Cities of the First Class
6 B. County Jail Oversight Board in Counties of the Second
7 Class and Second Class A
8 C. Other Counties
9 D. Alternative Plan for Certain Counties
10 E. Penal Operations and Procedures
11 F. Joint Detention Centers
12 G. Joint Industrial Farms and Workhouses
13 SUBCHAPTER A
14 COUNTIES AND CITIES OF THE FIRST CLASS
15 Sec.
16 1701. Appropriations for improvements, railroad connection
17 and commitments.
18 1702. Arrest of disorderly minors.
19 1703. Commitment of disorderly minors and appeal.
20 1704. Employment of inmates.
21 1705. Punishment for destroying property.
22 1706. Supplies and reports.
23 1707. Deficiency in maintenance.
24 1708. Habeas corpus.
25 1709. Extension of powers.
26 1710. Annual statement.
27 1710.1. Name of jail and appointment of inspectors.
28 1710.2. Duties of physician.
29 1710.3. Visitors to have permission in writing.
30 1710.4. Treatment of inmates on discharge.
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1 1710.5. County of the first class to supply deficiency in
2 furnishing and maintaining prison.
3 1710.6. Inmates sentenced for less than two years to county
4 prison.
5 1710.7. Coroner of first class county not to hold inquests on
6 convicts, except in certain cases.
7 1710.8. Inspectors to discharge inmates.
8 1710.9. Treatment of inmates convicted of capital offenses.
9 1710.10. Cities of the first class.
10 § 1701. Appropriations for improvements, railroad connection
11 and commitments.
12 Whenever the Board of Trustees of the Philadelphia Prison
13 System shall desire to make any additional permanent improvement
14 or purchase additional ground and shall recommend that the same
15 be done, then the city council of the City of Philadelphia shall
16 make all necessary appropriations asked for by the board for the
17 purposes so recommended. The board of the Philadelphia Prison
18 System shall superintend and direct the erection, completion and
19 furnishing of the buildings during the progress of the work. The
20 board may extend from their property a single track railroad
21 along and over such lands as may intervene between their ground
22 and the Philadelphia and Trenton Railroad Company, and connect
23 therewith, provided the railroad company assents thereto (the
24 distance of the road not to exceed 2,000 yards), and to purchase
25 right-of-way over the land to Philadelphia and Trenton Railroad,
26 and to erect wharves upon their property.
27 § 1702. Arrest of disorderly minors.
28 Upon complaint made on oath to any magisterial district judge
29 against a child who is at least 16 years of age and who resides
30 within a city of the first class by the child's parent or
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1 guardian or other person standing to the child in place of a
2 parent as being disorderly, the magisterial district judge shall
3 issue a warrant for the apprehension of the offender and cause
4 the offender to be brought before himself or any other
5 magisterial district judge for examination.
6 § 1703. Commitment of disorderly minors and appeal.
7 If a magisterial district judge is satisfied by competent
8 testimony that a person is a disorderly child within the meaning
9 of this subchapter, he shall make up and sign a record of
10 conviction and shall by warrant commit the person to the
11 Philadelphia Prison System. The powers and duties of the Board
12 of Trustees of the Philadelphia Prison System in relation to the
13 children shall be the same in all things as are prescribed as to
14 other minors received by them. The magisterial district judge,
15 in addition to the record of conviction, shall annex the names
16 and addresses of the different witnesses examined before him and
17 the substance of the testimony given by them, respectively, on
18 which the conviction was founded, provided that any person
19 committed shall have the same right of appeal as is secured by
20 law to persons convicted of criminal offenses, but on such
21 appeal, mere informality in the issuing of any warrant shall not
22 be held to be sufficient cause for granting a discharge.
23 § 1704. Employment of inmates.
24 Every inmate in the custody of the Philadelphia Prison System
25 not disqualified by sickness or casualty shall be employed by
26 the chief administrator in quarrying stone, cultivating the
27 ground, manufacturing such articles as may be needed for the
28 prison, other public institution of the State or city of the
29 first class or for other persons and at such other labor as
30 shall, upon trial, be found to be profitable to the institution
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1 and suitable to its proper discipline and THE health and <--
2 capacities of the inmates. The chief administrator may detail
3 such numbers of the inmates as he may regard proper to do the
4 work outside the grounds of the institution for any of the
5 departments or institutions of the city of the first class or
6 for such other persons as may be approved by the board of
7 managers.
8 § 1705. Punishment for destroying property. <--
9 Any inmate of the Philadelphia Prison System who shall
10 § 1705. OFFENSES. <--
11 (A) DESTRUCTION OF PROPERTY.--ANY INMATE OF THE PHILADELPHIA
12 PRISON SYSTEM WHO SHALL willfully break, destroy or injure any
13 material, machinery, tool, property or thing belonging to the
14 Philadelphia Prison System or shall escape therefrom shall be <--
15 charged with the offense of escape set forth in 18 Pa.C.S. §
16 5121 (relating to escape). SYSTEM COMMITS A MISDEMEANOR OF THE <--
17 THIRD DEGREE.
18 (B) ESCAPE.--ANY INMATE OF THE PHILADELPHIA PRISON SYSTEM
19 WHO SHALL ESCAPE THEREFROM SHALL BE CHARGED WITH THE OFFENSE OF
20 ESCAPE SET FORTH IN 18 PA.C.S. § 5121 (RELATING TO ESCAPE).
21 § 1706. Supplies and reports.
22 The prison commissioner shall make a monthly requisition on
23 the Board of Trustees of the Philadelphia Prison System for all
24 articles which the chief administrator shall deem necessary for
25 the institution, and such as shall be approved by them shall be
26 purchased. The prison commissioner shall, once in every month,
27 report to the board of trustees the number of inmates committed,
28 discharged, sick, dead or remaining in the institution and the
29 quality and kind of labor performed. The board of trustees shall
30 transmit annually to the city council a condensed statement of
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1 the finances of the institution.
2 § 1707. Deficiency in maintenance.
3 For any deficiency in furnishing, keeping and maintaining the
4 Philadelphia Prison System, in conformity with the provisions of
5 this subchapter, the trustees may apply to the city council for
6 such sum or sums as shall be necessary; and the city council
7 shall appropriate the sum or sums deemed necessary.
8 § 1708. Habeas corpus.
9 Any person committed to the Philadelphia Prison System by any
10 other authority than the court of common pleas of the county of
11 the first class may apply for a writ of habeas corpus to any
12 judge of the court. Upon return of the writ, if the judge deems
13 there is sufficient or reasonable ground for granting the writ,
14 the judge shall enter upon a rehearing of the evidence and
15 either discharge the individual or modify or confirm the
16 commitment.
17 § 1709. Extension of powers.
18 The same power and authority that are given by ordinance of
19 councils or acts of the General Assembly to the guardians of the
20 poor, prison inspectors and managers of the House of Refuge of
21 the City of Philadelphia are hereby extended to the Board of
22 Trustees of the Philadelphia Prison System.
23 § 1710. Annual statement.
24 The board of trustees shall, on or before the first day of
25 November of each year, submit to council a statement of the sums
26 necessary for the maintenance of the Philadelphia Prison System
27 for the ensuing term.
28 § 1710.1. Name of jail and appointment of inspectors.
29 (a) General rule.--The prison erected under the provisions <--
30 of the act of March 30, 1831 (P.L.228, No.123), entitled "An act
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1 to provide for the erection of a new prison and a debtor's
2 apartment within the city and county of Philadelphia, and for
3 the sale of the county prison in Walnut-street, in said city,"
4 shall be known as the Philadelphia County Prison and
5 PHILADELPHIA COUNTY PRISON shall be managed by a board of <--
6 inspectors consisting of 12 citizens residing in the City of
7 Philadelphia or County of Philadelphia who shall serve without
8 any pecuniary compensation as follows:
9 (1) Four members shall be appointed by the Mayor,
10 Recorder and Aldermen of the City of Philadelphia.
11 (2) Four members shall be appointed by the judges of the
12 court of common pleas.
13 (3) Four members shall be appointed by the judges of the
14 District Court of the City of Philadelphia and County of
15 Philadelphia.
16 (b) Terms.--The members shall serve for four years or until
17 their successors shall be appointed. In case of vacancy by
18 death, resignation or otherwise, the member shall be supplied by
19 the court who appointed the individual who has caused the
20 vacancy upon notice of such vacancy from the president of the
21 board of inspectors. The first appointment of inspectors under <--
22 the former act of April 14, 1835 (P.L.232, No.140), entitled "A
23 supplement to the act entitled An act to provide for the
24 erection of a new prison and a debtors' apartment within the
25 city and county of Philadelphia, and for the sale of the county
26 prison in Walnut street in said city," shall be made on the
27 first Monday in May next following and annually thereafter.
28 § 1710.2. Duties of physician.
29 (a) General rule.--The physician shall:
30 (1) Visit the Philadelphia County Prison daily, visit
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1 and prescribe for all who are sick and at least once a month
2 visit every inmate confined in the county correctional
3 institution and report monthly in writing to the inspectors
4 as to the health of the inmates in the county correctional
5 institution.
6 (2) Attend immediately, on notice from the chief
7 administrator, any person that is sick.
8 (3) Examine every person brought into the county
9 correctional institution as an inmate as to the state of the
10 inmate's health.
11 (4) Keep a journal in which a record is maintained of
12 the names of all inmates as they come in and the state of
13 their health and also of all persons confined who may come
14 under the physician's care for medical treatment, together
15 with such remarks as the physician may deem important, which
16 journal shall be open to the inspectors and chief
17 administrator whenever they may require it.
18 (b) Dietary considerations and infirmary cells.--
19 (1) Inmates who are under the care of the physician
20 shall be allowed such diet as the physician shall direct.
21 (2) The inspectors shall appropriate as many cells,
22 together with the infirmary, as they may deem necessary for
23 the special occupation of the sick, and have the cells so
24 fitted up as will best promote the health, convenience and
25 comfort of the inmates.
26 (3) Whenever, in the opinion of the physician, an inmate
27 is so ill as to require removal from the ordinary cells to
28 those appropriated for the sick, the chief administrator
29 shall direct such removal, and the inmate shall be kept there
30 until the physician shall certify that the inmate may be
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1 returned to the inmate's former cell without injury to the
2 inmate's health.
3 (4) Should the physician have reason to believe that an
4 inmate is materially affected by the discipline, treatment or
5 diet, the physician shall, if he thinks proper, order an
6 alteration therein, which order shall be entered on the
7 physician's journal, and a copy thereof furnished to the
8 chief administrator who shall carry the order into effect
9 until the next visit of the visiting inspectors, who shall
10 inquire into the case and confirm or annul the order or refer
11 the same to the board of inspectors.
12 § 1710.3. Visitors to have permission in writing.
13 (a) General rule.--No person shall be permitted to visit the
14 Philadelphia County Prison except:
15 (1) An official visitor specified in subsection (b).
16 (2) A person who has permission in writing from one of
17 the inspectors.
18 (3) An attorney who may be permitted to visit the
19 attorney's client confined for trial, as provided for by law.
20 (b) Designation of official visitors.--The official visitors
21 are:
22 (1) The Governor.
23 (2) The members of the General Assembly.
24 (3) The Secretary of the Commonwealth.
25 (4) The Attorney General.
26 (5) The deputies for the city of the first class and
27 county of the first class.
28 (6) The president and associate judges of the district
29 court of the City of Philadelphia and the County of
30 Philadelphia and the court of common pleas.
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1 (7) The grand juries of the county of the first class.
2 (8) Commissioners of the county of the first class.
3 (9) The acting committee of the Philadelphia society for
4 alleviating the miseries of public prisons or its successor.
5 (10) The mayor and recorder of the City of Philadelphia.
6 (c) Communication prohibited.--
7 (1) Except for the official visitors identified in
8 subsection (b), no person shall have any communication with
9 the inmates except by authority of the board of prison
10 inspectors, who may issue permits to visit an inmate after
11 sentence in their discretion.
12 (2) No visitor may be permitted to deliver or to receive
13 from any inmate any letter or message whatever or to supply
14 an inmate with any article, except such letters or messages
15 to and from inmates confined for trial as may be first
16 submitted or communicated to the chief administrator or one
17 of the inspectors and approved by them, or either of them,
18 under the penalty of a $100 fine, to be recovered as provided
19 for other fines imposed by the act of March 30, 1831 <--
20 (P.L.228, No.123), entitled "An act to provide for the
21 erection of a new prison and a debtor's apartment within the
22 city and county of Philadelphia, and for the sale of the
23 county prison in Walnut-street, in said city." UNDER <--
24 APPLICABLE LAW.
25 § 1710.4. Treatment of inmates on discharge.
26 (a) Clothing.--When an inmate shall be discharged by the
27 expiration of the term for which the inmate was sentenced or by
28 pardon, the clothes belonging to the Philadelphia County Prison
29 shall be taken off and the clothing belonging to the inmate
30 restored, together with such property, if any, that was taken
20050S0506B1883 - 54 -
1 from the inmate at the time of reception into the county
2 correctional institution, which has not been otherwise legally
3 disposed of.
4 (b) Furnishing of suitable clothing.--If an inmate shall not
5 possess suitable clothing, the inspectors shall provide the
6 inmate with what may in their judgment be necessary. The
7 inspectors and chief administrator may furnish the discharged
8 inmate with a sum of money or clothing not exceeding $5.
9 § 1710.5. County of the first class to supply deficiency in
10 furnishing and maintaining prison.
11 For any deficiency in keeping, furnishing and maintaining the
12 Philadelphia County Prison, in conformity with the provisions of
13 this chapter, the inspectors are authorized to apply to the
14 commissioners of the county of the first class for such sum or
15 sums as may be necessary or required. If it shall appear
16 reasonable, and that the accounts of the inspectors are properly
17 kept and adjusted, the commissioners of the county of the first
18 class shall draw an order on the treasurer of the county of the
19 first class for such sum or sums as may be necessary to satisfy
20 such demands.
21 § 1710.6. Inmates sentenced for less than two years to county
22 prison.
23 A person who shall be convicted in any court of common pleas
24 in the city of the first class or county of the first class of
25 any crime or offense, the punishment of which would be
26 imprisonment for a period of time under two years, shall be
27 sentenced by the court to imprisonment in the Philadelphia
28 County Prison, by separate or solitary confinement at hard labor
29 for and during the term of the person's sentence and shall be
30 fed, clothed and treated as provided for in this chapter.
20050S0506B1883 - 55 -
1 § 1710.7. Coroner of first class county not to hold inquests on
2 convicts, except in certain cases.
3 (a) General rule.--The coroner of a county of the first
4 class may not hold an inquest on the body of any inmate who dies
5 during confinement in the county prison unless required by the
6 inspectors thereof, except in cases of murder, suicide,
7 manslaughter or death caused by casualties.
8 (b) Physician to give certificate of death of inmate.--The
9 attending physician of the county prison in a county of the
10 first class shall certify to the inspectors thereof the name and
11 age of any inmate who dies in the county prison, together with
12 the disease or cause of death of the inmate, so far as the
13 attending physician can ascertain the same. The inspectors shall
14 copy the certificate into a book to be kept by them for that
15 purpose. After copying the certificate, the inspector shall send
16 the certificate to the Board of Health of the county, who shall
17 file the certificate. The inspectors shall inter the body of the
18 inmate.
19 § 1710.8. Inspectors to discharge inmates.
20 The board of prison inspectors of a county of the first class
21 may discharge from the county prison any inmate who may have
22 served the inmate's term of imprisonment, in the same manner and
23 upon the same conditions as provided under this title for other
24 county correctional institutions.
25 § 1710.9. Treatment of inmates convicted of capital offenses.
26 The board of prison inspectors of a county of the first class
27 shall treat prisoners sentenced to execution and who are not
28 executed after an imprisonment of six months, as other inmates
29 who are sentenced to confinement and labor.
30 § 1710.10. Cities of the first class.
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1 A city of the first class may establish a prison system for
2 the reception and detention of all persons charged with a
3 criminal offense or held as witnesses in any judicial
4 proceeding.
5 SUBCHAPTER B
6 COUNTY JAIL OVERSIGHT BOARD IN
7 COUNTIES OF THE SECOND CLASS
8 AND SECOND CLASS A
9 Sec.
10 1721. Scope of subchapter.
11 1722. Definitions.
12 1723. County jail oversight board.
13 1724. Powers and duties.
14 1725. Rules and regulations.
15 1726. Warden.
16 1727. Board meetings.
17 1728. Contracts and purchases.
18 § 1721. Scope of subchapter.
19 This subchapter relates to county jail oversight boards in
20 counties of the second class and counties of the second class A.
21 § 1722. Definitions.
22 The following words and phrases when used in this subchapter
23 shall have the meanings given to them in this section unless the
24 context clearly indicates otherwise:
25 "Board." The county jail oversight board of a county.
26 "County." A county of the second class or a county of the
27 second class A.
28 § 1723. County jail oversight board.
29 (a) Establishment.--There is hereby established in each
30 county a county jail oversight board which shall be named the
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1 (Name of County) County Jail Oversight Board. The board shall be
2 a continuation of the county prison board originally established
3 under the former act of December 10, 1980 (P.L.1152, No.208),
4 known as the Second Class County Prison Board Act, and the
5 former Article XXX-A of the act of July 28, 1953 (P.L.723,
6 No.230), known as the Second Class County Code.
7 (b) Composition.--The board shall be composed of:
8 (1) The county chief executive.
9 (2) Two judges of the court of common pleas, one of whom
10 shall be the president judge or his designee who shall be a
11 judge, and one judge appointed by the president judge.
12 (3) The county sheriff.
13 (4) The county controller.
14 (5) The president of county council or his designee.
15 (6) Three citizen members as provided in subsection (c).
16 (c) Qualifications of citizen members.--The citizen members
17 shall not be employees of the county or of the Commonwealth.
18 They shall serve for a term of three years and shall be
19 representative of the broad segments of the county's population
20 and shall include persons whose background and experience
21 indicate that they are qualified to act in the interest of the
22 public. The citizen members shall be appointed by the county
23 chief executive with the consent of county council.
24 § 1724. Powers and duties.
25 (a) General rule.--The board's administrative powers and
26 duties shall include the operation and maintenance of the prison
27 and all alternative housing facilities, the oversight of the
28 health and safekeeping of inmates and the confirmation of the
29 chief executive's selection of a warden.
30 (b) Living conditions.--The board shall insure that the
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1 living conditions within the prison and alternative housing
2 facilities are healthful and otherwise adequate.
3 (c) Unannounced inspections.--The board shall, at least
4 twice each year, conduct an unannounced inspection of the
5 prison's physical plant. During such inspections the board shall
6 interview a cross section of inmates, out of the presence of the
7 warden and his agents, to determine the conditions within the
8 prison and alternative housing facilities. After each
9 inspection, the board shall prepare a written report setting
10 forth its findings and determinations which shall be available
11 for public inspection.
12 (d) Operations to be consistent with law.--The board shall
13 insure ENSURE that the prison is being operated in accordance <--
14 with its regulations and the laws and regulations of this
15 Commonwealth and of the United States.
16 (e) Investigations.--The board shall investigate allegations
17 of inadequate prison conditions and improper practices occurring
18 within the prison and may make such other investigations or
19 reviews of prison operation and maintenance. The books, papers
20 and records of the prison, including, but not limited to, the
21 papers and records of the warden and those relating to
22 individual inmates, shall at all times be available for
23 inspection by the board.
24 § 1725. Rules and regulations.
25 The board shall, in the manner provided by law, promulgate
26 such rules, regulations and forms it deems necessary for the
27 proper administration of the board and for the operation of the
28 prison and alternative housing facilities.
29 § 1726. Warden.
30 (a) Appointment.--
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1 (1) The chief executive shall appoint a warden subject
2 to confirmation by the board. The warden shall serve at the
3 pleasure of the chief executive, who shall fix an appropriate
4 salary.
5 (2) The warden shall be a resident of the county six
6 months after the date of appointment.
7 (b) Duty to employ staff.--Subject to approval of the
8 manager, the warden shall employ deputies, assistants and other
9 personnel required to adequately operate the prison and
10 alternative housing facilities.
11 (c) Duty to report.--
12 (1) The warden shall submit an annual written report to
13 the board which shall contain information on the population,
14 conditions and practices in the prison and other matters as
15 specified by the board. The annual report shall be available
16 for public inspection.
17 (2) The warden shall report to the county chief
18 executive and to the board.
19 § 1727. Board meetings.
20 The board shall meet at least once each month and shall keep
21 regular minutes of its proceedings which shall be open to public
22 inspection.
23 § 1728. Contracts and purchases.
24 All contracts and purchases required for the maintenance and
25 support of the prisoners, repairs and improvements of the prison
26 and alternative housing facilities and materials and supplies
27 shall be conducted in accordance with the applicable provisions
28 of the county administrative code.
29 SUBCHAPTER C
30 OTHER COUNTIES
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1 Sec.
2 1731. Establishment.
3 1732. Board meetings.
4 1733. Appointment of warden and employees.
5 1734. Powers of peace officers.
6 1735. Expenditures.
7 1736. Bonding requirement.
8 § 1731. Establishment.
9 (a) General rule.--
10 (1) In counties of the third, fourth and fifth class,
11 the persons now holding the following offices and their
12 successors in each county of the third, fourth or fifth class
13 shall compose a board to be known as the board of inspectors
14 of the jail or county prison.
15 (2) The following persons shall be members of the board:
16 (i) The president judge of the court of common pleas
17 or a judge designated by him.
18 (ii) The district attorney.
19 (iii) The sheriff.
20 (iv) The controller.
21 (v) The county commissioners.
22 (3) The board and the officers appointed by it shall
23 provide for the safekeeping, discipline and employment of
24 inmates and the government and management of the correctional
25 institution.
26 (4) The duty of the sheriff relating to the safekeeping
27 of inmates shall cease and determine on their committal to
28 the correctional institution, and the sheriff may not be
29 furnished a residence in the correctional institution.
30 (5) Notwithstanding the provisions of paragraph (2), the
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1 president judge may choose at any time to delete the judge
2 position from the board by so notifying the chairperson and
3 secretary of the board in writing. The decision to delete
4 this position shall remain in effect for as long as the
5 president judge making the decision shall remain as president
6 judge and thereafter until rescinded in like fashion by a
7 successor.
8 (b) Counties that may elect to be subject to subchapter.--
9 Any county of the sixth, seventh or eighth class may elect by
10 resolution of the county commissioners to be governed by the
11 provisions of this subchapter.
12 § 1732. Board meetings.
13 (a) Quorum.--A majority of the members of the board shall
14 constitute a quorum for the transaction of business, and all
15 actions of the board shall be by the approval of a majority of
16 all the members of the board.
17 (b) Frequency and nature of meetings.--
18 (1) The board shall meet monthly, or more often if
19 required, and keep regular minutes of their proceedings in a
20 book to be filed with the financial records of the county.
21 The board shall make such rules and regulations for the
22 government and management of the county correctional
23 institution and the safekeeping, discipline and employment of
24 the inmates, as may be deemed necessary.
25 (2) The meetings shall be held at the county
26 correctional institution no less often than quarterly.
27 § 1733. Appointment of warden and employees.
28 The board shall appoint a warden of the county correctional
29 institution. The warden, subject to the approval of the board,
30 may appoint such deputy or deputies, assistant or assistants or
20050S0506B1883 - 62 -
1 corrections officers as may be required in the taking care of
2 the county correctional institution. The number and compensation
3 of such deputies, assistants or corrections officers shall be
4 fixed by the salary board.
5 § 1734. Powers of peace officers.
6 A chief administrator, deputy warden or corrections officer
7 of a county correctional institution may exercise the powers of
8 a peace officer in the performance of that person's duties
9 generally in:
10 (1) Guarding, protecting and delivering inmates.
11 (2) Protecting the property and interests of the county.
12 (3) Capturing and returning inmates that may have
13 escaped.
14 § 1735. Expenditures.
15 All the expenditures required for the support and maintenance
16 of inmates and the repairs and improvement of the county
17 correctional institution shall be paid from the county treasury
18 by warrants drawn, in the mode prescribed by law, on the regular
19 appropriation for the purpose. No warrant shall be certified by
20 the controller for any expense connected with the county
21 correctional institution unless on vouchers approved by a
22 majority of the board and endorsed by the president and
23 secretary of the board, and all contracts involving an
24 expenditure of funds from the county treasury shall be made in
25 accordance with the procedures set forth in Article XVIII of the
26 act of August 9, 1955 (P.L.323, No.130), known as The County
27 Code.
28 § 1736. Bonding requirement.
29 The chief administrator of a county correctional institution,
30 at the time of appointment, shall give bond, with good and
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1 sufficient security to be fixed and approved by the board of
2 inspectors, for the faithful performance of the chief
3 administrator's duty and may at any time be removed by the board
4 for misconduct or inefficiency. All deputies, assistants or
5 corrections officers shall also give bond if required by the
6 board and may at any time be suspended by the chief
7 administrator or removed by the board.
8 SUBCHAPTER D
9 ALTERNATIVE PLAN FOR CERTAIN COUNTIES
10 Sec.
11 1741. Sixth, seventh and eighth class counties.
12 1742. Appointment of prison commissioners.
13 § 1741. Sixth, seventh and eighth class counties.
14 (a) Management by sheriff.--In a county of the sixth,
15 seventh and eighth class, the government, management and control
16 of the county prison and the safekeeping, care, maintenance,
17 discipline and employment of the inmates therein are vested in
18 the sheriff of the county and the officers and employees
19 appointed by the sheriff.
20 (b) Residence may be furnished.--The sheriff and the
21 sheriff's family may be furnished a residence in the county
22 prison.
23 (c) Staffing.--The sheriff shall from time to time, with
24 approval of the county salary board, appoint as many corrections
25 officers and other employees of the county prison as the salary
26 board shall approve. The compensation of the corrections
27 officers and other employees shall be fixed by the county salary
28 board in the same manner as the compensation of other appointed
29 county officers and employees.
30 § 1742. Appointment of prison commissioners.
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1 Whenever the appointment of prison commissioners in any
2 county having a population of more than 150,000 is by law lodged
3 in the judges of the court of common pleas, the appointments
4 shall, in all cases as nearly as possible, be equally divided
5 between the two political parties polling the highest number of
6 votes at the preceding general election.
7 SUBCHAPTER E
8 PENAL OPERATIONS AND PROCEDURES
9 Sec.
10 1751. Costs of confinement.
11 1752. Board of inspectors to regulate salaries of wardens and
12 other staff.
13 1753. Residence of warden.
14 1754. Bonds for county prison staff in fourth class counties.
15 1755. Property exempt from taxation.
16 1756. Loss of privileges.
17 1757. Collection from certain inmates.
18 § 1751. Costs of confinement.
19 (a) Liability of cities.--
20 (1) When an inmate is committed to any county
21 correctional institution in this Commonwealth, either for the
22 nonpayment of a fine or penalty imposed for the violation of
23 any city ordinance or while awaiting a hearing upon any
24 charge for the violation of any city ordinance, the costs of
25 proceedings and the expenses of maintaining the inmate during
26 his confinement by virtue of the commitment shall be borne
27 and paid by the city whose ordinance was alleged to have been
28 violated or to which any such fines or penalties are payable.
29 (2) The county in which the city is located shall not be
30 liable to the sheriff for any such maintenance or to any
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1 officer, magistrate or person for any costs of such
2 proceedings.
3 (b) Nonapplicability.--This section does not apply to a city
4 of the third class.
5 § 1752. Board of inspectors to regulate salaries of wardens and
6 other staff.
7 (a) General rule.--The board of inspectors in any county
8 where such board exists shall, from time to time, fix and change
9 the salaries and compensation of the deputy wardens, corrections
10 officers and other persons employed in and about the county
11 prison.
12 (b) Nonapplicability.--This section shall not apply to
13 counties in which cities are coextensive with the counties.
14 § 1753. Residence of warden.
15 In any county where the government of the county prison is
16 vested in a prison board, the prison board may fix the place of
17 residence of the warden of the county prison either in the jail
18 or elsewhere.
19 § 1754. Bonds for county prison staff in fourth class counties.
20 In any county of the fourth class in which there is a board
21 of inspectors, the board shall pay out of the public moneys
22 under its jurisdiction the premiums on all bonds of employees
23 appointed by the board who are required to furnish bond.
24 § 1755. Property exempt from taxation.
25 All the property, real and personal, authorized to be held
26 under the former act of June 26, 1895 (P.L.377, No.269),
27 entitled "An act authorizing the erection of work-houses in the
28 several counties of this Commonwealth," shall be exempt from
29 taxation and from levy and sale by virtue of execution or any
30 other process.
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1 § 1756. Loss of privileges.
2 A chief administrator of a county correctional institution
3 may refuse to permit a prisoner to exercise the prisoner's
4 privilege to leave the county correctional institution for a
5 period of not more than five days for any breach of discipline
6 or other violation of regulations of the county correctional
7 institution.
8 § 1757. Collection from certain inmates.
9 The governing body of a county correctional institution, or
10 where applicable the county commissioners, may, by resolution
11 which shall establish rates and qualifications, authorize the
12 chief administrator to collect a reasonable amount from inmates
13 incarcerated only on weekends or other short periods each week.
14 SUBCHAPTER F
15 JOINT DETENTION CENTERS
16 Sec.
17 1761. Establishment by adjoining counties.
18 1762. Selection of site.
19 1763. Buildings.
20 1764. Construction contracts.
21 1765. Advisory board.
22 1766. Meetings.
23 1767. Chief administrator and employees.
24 1768. Rules and regulations.
25 1769. Initial transfer of inmates.
26 1770. Employment of inmates.
27 1771. Cost of transporting inmates.
28 1772. Financial reporting.
29 1773. Allocation of expenses to counties.
30 1774. County appropriations.
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1 1775. Exemption from taxation.
2 § 1761. Establishment by adjoining counties.
3 (a) Authority.--The county commissioners of any two or more
4 adjoining counties may join in establishing, according to a
5 plan, detention facilities for the confinement of persons
6 awaiting trial or sentence on criminal charges, convicted on
7 criminal charges or not otherwise eligible for confinement in
8 other county correctional institutions.
9 (b) Preapproval of plan by department.--Before establishing
10 detention facilities, the counties shall submit their plan to
11 the department for approval. The department may require, as a
12 condition to approving any plan, that two or more adjoining
13 counties join with another adjoining county to establish
14 detention facilities.
15 § 1762. Selection of site.
16 Whenever the commissioners of any two or more adjoining
17 counties decide and agree to construct a joint detention
18 facility, they shall acquire a suitable site for the facility.
19 The site may be selected from suitable lands already held by any
20 county of the district for county purposes from lands donated
21 for such purposes or any quantity of land within the respective
22 districts. In the selection of a site, there shall be taken into
23 consideration the objects and purposes of the joint detention
24 center. Title to the land shall be approved by the county
25 solicitor of the county in which the land is located, or such
26 other title guarantee corporation or attorney as may be
27 designated by the commissioners of the counties, and shall be
28 taken in the name of the county or counties comprising the
29 district. The site, before purchase, shall be approved by the
30 department.
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1 § 1763. Buildings.
2 After the selection and acquisition of sites, the county
3 commissioners of the counties may erect and construct suitable
4 and necessary buildings thereon, repair any buildings already
5 erected and equip the sites for use and occupancy.
6 § 1764. Construction contracts.
7 Joint detention facilities shall be constructed by contract
8 or contracts let by the county commissioners of the counties to
9 the lowest responsible and best bidder after due advertisement
10 in at least one newspaper, published in each of the counties
11 joining in the erection of the joint detention facilities, once
12 a week for two consecutive weeks. When so constructed, the joint
13 detention facilities shall be equipped by the county
14 commissioners of the counties at the cost of the counties in the
15 same manner as other county buildings are equipped.
16 § 1765. Advisory board.
17 After joint detention facilities have been erected and
18 equipped and are ready for occupancy, the president judges of
19 the courts of common pleas of the counties joining in the
20 construction of the joint detention facilities shall appoint an
21 advisory board to consist of three persons from each of the
22 counties. The president judge of each of the counties shall
23 appoint one member of the board to serve for one year, one to
24 serve for two years, and one to serve for three years, or until
25 their successors are appointed and qualified. All appointments
26 at the expiration of any term shall be for a term of three
27 years.
28 § 1766. Meetings.
29 (a) General rule.--The advisory board shall meet at such
30 times as it deems necessary. The board shall visit and inspect
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1 and keep in close touch with the management and operation of the
2 joint detention facilities and shall, from time to time, make
3 such recommendations and suggestions to the county commissioners
4 for changes or improvements in the management and operations of
5 the joint detention facilities as may be deemed advisable. It
6 shall also make an annual report to the county commissioners
7 concerning the management and operation of the joint detention
8 facilities.
9 (b) Administrative support.--The county commissioners shall,
10 at the expense of the counties, provide a meeting place for the
11 board and furnish all supplies and materials necessary to carry
12 on its work.
13 (c) Reimbursement of expenses.--The members of the board
14 shall not receive any compensation for their services, but shall
15 be reimbursed for all actual and necessary expenses incurred in
16 the discharge of their duties, which expenses shall be paid by
17 the counties as part of the cost of maintenance of the joint
18 detention facilities.
19 § 1767. Chief administrator and employees.
20 The county commissioners of the counties may, after
21 consultation with the advisory board, employ a chief
22 administrator and such other employees as may be necessary to
23 conduct and manage properly the joint detention facilities and
24 shall fix their compensation. The duties of those officers shall
25 be prescribed by the rules and regulations of the joint
26 detention facilities. They shall hold their offices,
27 respectively, at the pleasure of and their compensation shall be
28 fixed by the appointing power.
29 § 1768. Rules and regulations.
30 The county commissioners of the counties shall, before any
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1 inmate may be admitted to the joint detention facilities, after
2 consulting with the advisory board, make general rules and
3 regulations for the management of the joint detention
4 facilities, which rules and regulations shall be effective after
5 they are approved by the department.
6 § 1769. Initial transfer of inmates.
7 When, in any district formed by counties under this
8 subchapter, the arrangements are complete for the reception of
9 inmates, transfer of all persons who are subject to confinement
10 as provided in this subchapter shall be made to the joint
11 detention facilities of the district.
12 § 1770. Employment of inmates.
13 An inmate of a joint detention facility under the provisions
14 of this subchapter, unless disqualified by sickness or
15 otherwise, shall be kept at some useful employment as may be
16 suited to the inmate's age and capacity and as may tend to
17 promote the best interest of the inmate. If an inmate refuses to
18 perform the work assigned to the inmate or is guilty of other
19 acts of insubordination, the chief administrator shall punish
20 the inmate in such manner as the rules and regulations provided
21 for may prescribe. The chief administrator shall keep a record
22 of and report to the advisory board all such offenses and
23 punishments.
24 § 1771. Cost of transporting inmates.
25 The cost of transporting inmates committed to the joint
26 detention facilities shall be paid by the counties,
27 respectively, from which the inmates are committed. The sheriff
28 of the county for inmates committed by the court and constables
29 for inmates committed by magisterial district judges shall
30 receive for the inmates committed to the joint detention
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1 facilities no mileage or travel expenses on writs, except the
2 actual cost of transporting the inmates to the joint detention
3 facilities, together with any other fees for their services
4 allowed by law.
5 § 1772. Financial reporting.
6 A detailed statement of the receipt and expenditures by any
7 county constituting a part of the district for joint detention
8 facilities erected under the provisions of this subchapter shall
9 be published by the county commissioners of each county or by
10 the controller in the county. Where the report is published by
11 the controller, it shall be included in the annual statement of
12 the fiscal affairs of such county.
13 § 1773. Allocation of expenses to counties.
14 (a) General rule.--The original cost of the site and
15 buildings of the joint detention facilities and the equipment
16 thereof, all additions thereto and all fixed overhead charges in
17 conducting the joint detention facilities shall be paid by the
18 counties constituting the districts in the ratio of their
19 population according to the last preceding United States census.
20 (b) Inmate expense.--
21 (1) The cost of the care and maintenance of the inmates
22 in the districts shall be certified monthly to the counties
23 from which inmates have been committed. The cost shall be
24 paid by the counties in proportion to the number of inmates
25 committed from each county.
26 (2) All payments shall be on warrants of the county
27 commissioners, countersigned by the county controller in
28 counties where that office exists.
29 § 1774. County appropriations.
30 The county commissioners of each county joining in
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1 establishing detention facilities as provided for in this
2 subchapter may make appropriations or incur or increase the
3 indebtedness of the county, in the manner provided by law, to an
4 amount sufficient to pay its proportionate part of the cost of
5 acquiring a site and of erecting, constructing and equipping the
6 joint detention facilities by issuing coupon bonds at a rate of
7 interest not exceeding 7%, and payable within 30 years from the
8 date of issue. The county commissioners of the county shall levy
9 an annual tax in an amount necessary to pay interest and sinking
10 fund charges upon such bonds.
11 § 1775. Exemption from taxation.
12 All the property, real and personal, authorized to be held by
13 counties under this subchapter shall be exempt from taxation.
14 SUBCHAPTER G
15 JOINT INDUSTRIAL FARMS AND WORKHOUSES
16 Sec.
17 1781. Establishment by counties.
18 1782. Selection of site.
19 1783. Buildings.
20 1784. Construction contracts.
21 1785. Advisory board.
22 1786. Meetings.
23 1787. Chief administrator and employees.
24 1788. Rules and regulations.
25 1789. Initial transfer of inmates.
26 1790. Employment of inmates.
27 1791. Cost of transporting inmates.
28 1792. Nature of inmate employment.
29 1793. Sale of goods and materials.
30 1794. Financial reporting.
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1 1795. Allocation of expenses to counties.
2 1796. Borrowing authorized.
3 1797. Exemption from taxation.
4 1798. Nonapplicability.
5 § 1781. Establishment by counties.
6 The county commissioners of any two or more counties may join
7 in establishing a joint industrial farm and workhouse for the
8 confinement of:
9 (1) Persons sentenced by the courts of those counties,
10 after conviction, of any misdemeanor or felony, except
11 murder, voluntary manslaughter, rape and arson.
12 (2) Persons who are in default of payment of any fine or
13 penalty, or for nonpayment of costs, or for default in
14 complying with any order of court entered in any prosecution
15 for desertion or nonsupport, or for the violation of any
16 municipal ordinance.
17 § 1782. Selection of site.
18 Whenever the commissioners of any two or more counties decide
19 and agree to construct a joint industrial farm and workhouse,
20 they shall acquire a suitable site for the same. The site may be
21 selected from suitable lands already held by any county of the
22 district for county purposes, from lands donated for such
23 purposes or from any quantity of land within the respective
24 districts. In the selection of a site, there shall be taken into
25 consideration the objects and purposes of the joint industrial
26 farm and workhouse and all or as many as practicable of the
27 advantages and resources set forth in this section. The land
28 selected and purchased shall be a varied topography, with
29 natural resources and advantages for many forms of husbandry,
30 fruit growing and stock raising, for brickmaking and for the
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1 preparation of all other road and paving material and shall have
2 good railroad, drainage, sewage and water facilities. Title to
3 the land shall be approved by the county solicitor of the county
4 in which the land is located or such other title guarantee
5 corporation or attorney as maybe designated by the commissioners
6 of the counties and shall be taken in the name of the county or
7 counties comprising the district.
8 § 1783. Buildings.
9 After the selection and acquisition of the sites, the county
10 commissioners of the counties may erect and construct suitable
11 and necessary buildings thereon, repair any buildings already
12 erected and equip the buildings for use and occupancy. All
13 buildings constructed in pursuance of this subchapter shall be
14 plain and inexpensive in character. The labor in constructing
15 such buildings and improvements and facilities shall be supplied
16 by the persons committed to county correctional institutions in
17 the counties or transferred thereto from any county correctional
18 institution, so far as found practicable.
19 § 1784. Construction contracts.
20 Joint industrial farm and workhouse buildings shall be
21 constructed by contract or contracts let by the county
22 commissioners of the counties to the lowest responsible and best
23 bidder, after due advertisement in at least one newspaper,
24 published in each of the counties joining in the erection of the
25 joint industrial farm and workhouse, once a week for four
26 consecutive weeks. When so constructed, the joint industrial
27 farm and workhouse buildings shall be equipped by the county
28 commissioners of the counties at the cost of the counties in the
29 same manner as other county buildings are equipped.
30 § 1785. Advisory board.
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1 After a joint industrial farm and workhouse has been erected
2 and equipped and is ready for occupancy, the president judges of
3 the courts of common pleas of the counties joining in the
4 construction of the joint industrial farm and workhouse shall
5 appoint an advisory board to consist of three persons from each
6 of the counties. The president judge of each of the counties
7 shall appoint one member of the board to serve for one year, one
8 to serve for two years, and one to serve for three years, or
9 until their successors are appointed and qualified. All
10 appointments at the expiration of any term shall be for a term
11 of three years.
12 § 1786. Meetings.
13 (a) General rule.--The advisory board shall meet monthly and
14 at such other times as may be deemed necessary. The board shall
15 visit and inspect and keep in close touch with the management
16 and operation of the joint industrial farm and workhouse and
17 shall, from time to time, make such recommendations and
18 suggestions to the county commissioners for changes or
19 improvements in the management and operations of the joint
20 industrial farm and workhouse as may be deemed advisable. It
21 shall also make an annual report to the county commissioners
22 concerning the management and operation of the industrial farm
23 and workhouse.
24 (b) Administrative support.--The county commissioners shall,
25 at the expense of the counties, provide a meeting place for the
26 board and furnish all supplies and materials necessary to carry
27 on its work.
28 (c) Reimbursement of expenses.--The members of the board
29 shall not receive any compensation for their services, but shall
30 be allowed all actual and necessary expenses incurred in the
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1 discharge of their duties, which shall be paid by the counties
2 as part of the cost of maintenance of the joint industrial farm
3 and workhouse.
4 § 1787. Chief administrator and employees.
5 The county commissioners of the counties may, after
6 consultation with the advisory board, employ a chief
7 administrator and such other employees as may be necessary to
8 conduct and manage properly the joint industrial farm and
9 workhouse and shall fix their compensation. The duties of those
10 officers shall be prescribed by the rules and regulations of the
11 joint industrial farm and workhouse.
12 § 1788. Rules and regulations.
13 The county commissioners of the counties shall, before any
14 inmate may be admitted to the joint industrial farm and
15 workhouse, after consulting with the advisory board, make
16 general rules and regulations for the management of the joint
17 industrial farm and workhouse.
18 § 1789. Initial transfer of inmates.
19 (a) General rule.--When, in any district formed by the
20 counties, the arrangements are complete for the reception of
21 inmates, transfer shall be made from the county correctional
22 institutions to the joint industrial farm and workhouse of the
23 district of all persons:
24 (1) Who have been sentenced to any of the county
25 correctional institutions for any misdemeanor or felony
26 except murder, voluntary manslaughter, rape and arson.
27 (2) Who have been committed to any of the county
28 correctional institutions in default of payment of any fine
29 or penalty, or for nonpayment of costs or for default in
30 complying with any order of court entered in any prosecution
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1 for desertion or nonsupport.
2 (3) Legally confined in any of the county correctional
3 institutions, except those that are confined awaiting trial
4 or held as material witnesses.
5 (b) Persons eligible to become inmates.--
6 (1) When any person is convicted in any court in any
7 county of any offense classified as a misdemeanor or felony
8 except murder, voluntary manslaughter, rape and arson, the
9 punishment of which is or may be imprisonment in any county
10 correctional institution for a period of ten days or more,
11 the court may sentence such person to a joint industrial farm
12 and workhouse of the Commonwealth.
13 (2) Courts of record and courts not of record of any
14 county in this Commonwealth may commit to the joint
15 industrial farm and workhouse all persons who might be
16 lawfully committed to the county correctional institution on
17 charges of vagrancy, drunkenness or disorderly conduct, for
18 default or nonpayment of any costs, fine or penalty, for
19 default in complying with any order of court entered in any
20 prosecution for desertion or nonsupport or for violations of
21 municipal ordinances, where, in any such case, the commitment
22 will be for a period of ten days or more.
23 (c) Existing county correctional institutions.--The existing
24 county correctional institutions may be retained to confine
25 persons awaiting trial, held as material witnesses or sentenced
26 for a period of less than ten days, and such number of other
27 convicted persons as may be required to perform the necessary
28 institutional maintenance work.
29 (d) Clothing and treatment.--All inmates shall be clothed
30 and treated as provided for in this subchapter and in the rules
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1 and regulations of the joint industrial farm and workhouse.
2 § 1790. Employment of inmates.
3 (a) General rule.--An inmate committed to a joint industrial
4 farm and workhouse under the provisions of this subchapter,
5 unless disqualified by sickness or otherwise, shall be kept at
6 some useful employment as may be suited to the inmate's age and
7 capacity and as may be most profitable to the joint industrial
8 farm and workhouse and tend to promote the best interest of the
9 inmate. If an inmate refuses to perform the work assigned to the
10 inmate or is guilty of other acts of insubordination, the chief
11 administrator shall punish the inmate in such manner as the
12 rules and regulations provided for may prescribe. The chief
13 administrator shall keep a record of and report to the advisory
14 board all such offenses and punishments.
15 (b) Pay schedule and inmate accounts.--All inmates shall
16 receive compensation for their work.
17 (1) Those inmates employed on institutional maintenance
18 and nonproductive labor shall receive not more than 20¢ per
19 day and not less than 10¢ per day.
20 (2) Those inmates employed on productive work shall
21 receive not more than 50¢ per day and not less than 20¢ per
22 day.
23 (3) The earnings of an inmate shall be credited to the
24 inmate's account, and disbursements made on approval of the
25 chief administrator of the institution and the written order
26 of the inmate, except when an inmate is committed for
27 nonsupport the court which sentenced the prisoner shall order
28 payment of the earnings. At time of release or discharge, the
29 inmate shall receive all moneys remaining in the inmate's
30 account and give receipt for the same.
20050S0506B1883 - 79 -
1 § 1791. Cost of transporting inmates.
2 (a) General rule.--The cost of transporting inmates
3 committed to the joint industrial farms and workhouses shall be
4 paid by the counties, respectively, from which the inmates are
5 committed. The sheriff of the county for inmates committed by
6 the court and constables for inmates committed by magisterial
7 district judges shall receive for the inmates committed to the
8 joint industrial farm and workhouse no mileage or travel
9 expenses on writs, except the actual cost of transporting the
10 inmates so committed to the joint industrial farm and workhouse,
11 together with any other fees for their services allowed by law.
12 (b) Railroad ticket upon discharge.--When an inmate is
13 discharged from a joint industrial farm and workhouse, the chief
14 administrator thereof shall procure for the inmate a railroad
15 ticket to any point to which the inmate may desire to go, not
16 farther from the joint industrial farm and workhouse than the
17 point from which the inmate was sentenced.
18 § 1792. Nature of inmate employment.
19 A joint industrial farm and workhouse shall employ the
20 inmates committed or transferred thereto in work on or about the
21 buildings and farm and in growing produce, raising stock, etc.,
22 for supplies for its own use, the use of the several city and
23 county or county correctional institutions in the district, any
24 political division thereof or any public or charitable
25 institution owned or managed and directed by the counties
26 constituting the district, or any political division thereof.
27 Inmates may also be employed in the preparation of road
28 material, in making brick, tile and concrete or other road
29 building material and in the manufacture of other products and
30 materials as may be found practicable for the use of any of the
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1 counties constituting the district and for the proper and
2 healthful employment of the inmates.
3 § 1793. Sale of goods and materials.
4 All road material, brick, tile, concrete and other goods and
5 materials prepared or made at a joint industrial farm and
6 workhouse that are not needed for the purposes of the joint
7 industrial farm and workhouse shall be offered for sale at a
8 price to be fixed by the commissioners of the district. In
9 offering such material for sale, preference shall be given to
10 the counties forming the district of the joint industrial farm
11 and workhouse and to the cities, boroughs and townships in the
12 joint district. All moneys so received shall be applied toward
13 paying the overhead expenses of the joint industrial farm and
14 workhouse.
15 § 1794. Financial reporting.
16 A detailed statement of the receipts and expenditures by any
17 county constituting a part of the district for a joint
18 industrial farm and workhouse erected under the provisions of
19 this subchapter shall be published by the county commissioners
20 of each county or by the controller in the county. Where the
21 report is published by the controller, it shall be included in
22 the annual statement of the fiscal affairs of the county.
23 § 1795. Allocation of expenses to counties.
24 (a) General rule.--The original cost of the site and
25 buildings of the joint industrial farm and workhouse, the
26 equipment thereof, all additions thereto and all fixed overhead
27 charges in conducting the joint industrial farm and workhouse
28 shall be paid by the counties constituting the districts in the
29 ratio of their population according to the last preceding United
30 States census.
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1 (b) Inmate expense.--The cost of the care and maintenance of
2 the inmates shall be certified monthly to the counties from
3 which inmates have been committed. The cost shall be paid by the
4 counties in proportion to the number of inmates committed from
5 each county. All payments shall be on warrants of the county
6 commissioners, countersigned by the county controller in
7 counties where such officer A COUNTY CONTROLLER exists. <--
8 § 1796. Borrowing authorized.
9 The county commissioners of each county joining in
10 establishing a joint industrial farm and workhouse, as provided
11 for in this subchapter, may incur or increase the indebtedness
12 of the county, in the manner provided by law, to an amount
13 sufficient to pay its proportionate part of the cost of
14 acquiring a site and of erecting, constructing and equipping the
15 joint industrial farm and workhouse by issuing coupon bonds at a
16 rate of interest not exceeding 6% and payable within 30 years
17 from the date of issue. The county commissioners of the county
18 shall levy an annual tax in an amount necessary to pay interest
19 and sinking fund charges upon the bonds.
20 § 1797. Exemption from taxation.
21 All the property, real and personal, authorized to be held
22 under this subchapter shall be exempt from taxation.
23 § 1798. Nonapplicability.
24 This subchapter does not apply to cities and counties of the
25 first class.
26 PART III
27 INMATE CONFINEMENT
28 Chapter
29 31. Inmate Labor
30 33. Medical Services
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1 35. Visitation
2 37. Inmate Prerelease Plans
3 39. Motivational Boot Camp
4 41. State Intermediate Punishment
5 43. Execution Procedure and Method
6 59. Miscellaneous Provisions
7 CHAPTER 31
8 INMATE LABOR
9 Sec.
10 3101. Inmates to be employed.
11 3102. Disposition of proceeds of labor.
12 3103. Agricultural labor at county correctional institutions.
13 3104. Inmate labor in county correctional institutions.
14 3105. Inmate labor in counties of the first class.
15 3106. Inmate-made goods to be branded.
16 3107. Sale of inmate-made goods.
17 § 3101. Inmates to be employed.
18 The chief administrators may employ the inmates under their
19 control for and on behalf of the Commonwealth and the inmates
20 for and on behalf of their respective counties.
21 § 3102. Disposition of proceeds of labor.
22 All moneys received under the provisions of this chapter for
23 labor done within county correctional institutions or the
24 products of such labor sold shall be credited on account of the
25 receipts and expenditures paid to and for the maintenance of the
26 respective correctional institutions.
27 § 3103. Agricultural labor at county correctional institutions.
28 (a) General rule.--The chief administrator of a county
29 correctional institution shall permit the employment of such
30 inmates serving sentences therein, as they shall deem advisable,
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1 at agricultural labor on any county farm of the county under the
2 direction of any person appointed by the chief administrator,
3 and all inmates so employed shall at all times be amenable to
4 restraint, discipline and punishment in the same manner as if
5 they were confined in the county correctional institution.
6 (b) Liability.--No person appointed by a chief administrator
7 of a county correctional institution or his sureties shall be
8 held liable on any bond conditioned for the safekeeping of
9 persons given into that person's care, in case any inmate so
10 employed shall escape, if due care and diligence has been
11 exercised in the discharge of the duties imposed on that person.
12 § 3104. Inmate labor in county correctional institutions.
13 (a) General rule.--An inmate of a county correctional
14 institution who is physically capable may be employed at labor
15 for not more than eight hours each day, other than Sundays and
16 public holidays. The employment may be in such character of work
17 and the production of such goods as may now be manufactured and
18 produced in county correctional institutions and may also be
19 for:
20 (1) the purpose of the manufacture and production of <--
21 supplies for the county correctional institutions;
22 (2) the preparation and manufacture of building material
23 for the construction or repair of the county correctional
24 institution;
25 (3) the manufacture and production of crushed stone,
26 brick, tile and culvert pipe or other material suitable for
27 draining roads; or
28 (4) the preparation of road building and ballasting
29 material.
30 (b) Authority to county commissioners.--The county
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1 commissioners or chief administrator of the county correctional
2 institution shall:
3 (1) determine the amount, kind and character of the
4 machinery to be erected and the industries to be carried on
5 in the county correctional institution;
6 (2) arrange for the purchase and installation of such
7 machinery at the expense of the county; and
8 (3) provide for the sale of articles and material
9 produced.
10 (c) Funding.--The county commissioners shall make available
11 the necessary funds to carry out the provisions of this section.
12 (d) Inmate accounts.--
13 (1) The authorities in charge of a county correctional
14 institution shall fix the wages of each inmate to be employed
15 and shall keep an account of all such wages and the amount
16 due each inmate.
17 (2) Three-fourths of the amount credited to each inmate,
18 or the entire amount if the inmate so elects, shall
19 constitute a fund for the relief of any person or persons
20 dependent upon the inmate and shall be paid to such persons,
21 establishing dependency to the satisfaction of the
22 authorities, at such times as they may prescribe.
23 (3) In case an inmate has no person dependent upon him,
24 the inmate's wages shall be deposited for his benefit and
25 shall be paid to him as follows:
26 (i) one-third at the time of his discharge;
27 (ii) one-third, three months thereafter; and
28 (iii) one-third, six months thereafter.
29 (e) Special administrative fund.--
30 (1) The authorities in charge of a county correctional
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1 institution may establish a fund for the purpose of carrying
2 out this section and may provide for the purchase of
3 machinery and materials and payment of wages from such fund.
4 (2) All revenues received from the sale of articles
5 produced shall be paid into the fund.
6 (f) Nonapplicability.--This section shall not apply to a
7 county of the first class.
8 § 3105. Inmate labor in counties of the first class.
9 (a) General rule.--The board of inspectors of a county
10 correctional institution of a county of the first class may
11 establish, from time to time, a scale of wages that shall not be
12 less than ten cents per day, and may pay and the inmates may
13 receive compensation for their work according to such scale.
14 (b) Inmate account.--
15 (1) Except as otherwise provided in paragraph (2), the
16 earnings of each inmate shall be credited to his account and
17 disbursements made on approval of the chief administrator of
18 the institution and the written order of the inmate.
19 (2) When an inmate is committed for nonsupport, the
20 court which sentenced the inmate shall order payment of his
21 earnings and, in the case of other inmates, the court which
22 sentenced the inmate may order payments from his earnings to
23 be paid to his dependents.
24 (3) At time of release or discharge, the inmate shall
25 receive all moneys remaining in his account and give receipt
26 for the same.
27 § 3106. Inmate-made goods to be branded.
28 (a) General rule.--All goods, wares, merchandise or other
29 article or thing made by inmate labor in any correctional
30 institution or other establishment in which inmate labor is
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1 employed, whether for the direct benefit and maintenance of the
2 correctional institution or other establishment or upon contract
3 by the authorities of the same with any third person,
4 immediately upon the completion of the same, shall be branded as
5 provided in this section and may not be taken into or exposed in
6 any place for sale at wholesale or retail without that brand.
7 (b) Style and place of brand.--
8 (1) The brand required by this section shall be in plain
9 English lettering and shall contain at the head or top of the
10 brand the words "inmate made," followed by the year and name
11 of the correctional institution or other establishment in
12 which made.
13 (2) The brand shall in all cases, when the nature of the
14 article will permit, be placed on the article and only where
15 the branding is impossible may it be placed on the box or
16 other receptacle or covering in which it is contained.
17 (3) The brand shall be affixed to the article by
18 casting, burning, pressing or other such process or means so
19 that the article may not be defaced and in all cases shall be
20 upon the most conspicuous place upon the article or the box,
21 receptacle or covering containing the article.
22 (c) Applicability.--This section shall not apply to goods,
23 wares and merchandise shipped to points outside of this
24 Commonwealth.
25 § 3107. Sale of inmate-made goods.
26 The department may contract to sell or sell the articles
27 manufactured or produced in any correctional institution which
28 cannot be used therein, to the Commonwealth or to any political
29 subdivision thereof, or to any State, municipality, or county
30 authority, created by or under any law of this Commonwealth, or
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1 to any State correctional institution, or to any educational or
2 charitable institution receiving aid from the Commonwealth, or
3 to the Federal Government or any department, bureau, commission,
4 authority or agency thereof, or to any other state or political
5 subdivision or authority thereof, or to any institution
6 receiving aid from the Federal Government or of any other state.
7 CHAPTER 33
8 MEDICAL SERVICES
9 Sec.
10 3301. Short title of chapter.
11 3302. Definitions.
12 3303. Medical Services Program.
13 3304. Powers and duties of department.
14 3305. Costs outstanding upon release.
15 3306. Report to General Assembly.
16 3307. Applicability.
17 § 3301. Short title of chapter.
18 This chapter shall be known and may be cited as the
19 Correctional Institution Medical Services Act.
20 § 3302. Definitions.
21 The following words and phrases when used in this chapter
22 shall have the meanings given to them in this section unless the
23 context clearly indicates otherwise:
24 "Program." The Medical Services Program established for
25 inmates under section 3303 (relating to Medical Services
26 Program).
27 § 3303. Medical Services Program.
28 (a) Establishment.--The Medical Services Program is
29 established in the department which shall include, but not be
30 limited to, the provisions of this chapter. The program shall be
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1 a copay program requiring inmates to pay a fee to cover a
2 portion of the actual costs of the medical services provided.
3 (b) Fees.--
4 (1) The department shall develop by regulation a program
5 for inmates which includes fees for certain medical services.
6 The regulations shall provide for consistent medical services
7 guidelines by specifying the medical services which are
8 subject to fees, the fee amounts, payment procedures, medical
9 services which are not subject to fees and fees applicable to
10 medical emergencies, chronic care and preexisting conditions.
11 (2) In addition to other medical services provided to
12 the inmate, an inmate may be required to pay a fee for
13 medical services provided because of injuries the inmate
14 inflicted upon himself or another inmate.
15 (c) Explanation of program.--Each inmate shall be advised of
16 the medical services fees and payment procedures at the time of
17 intake. An explanation of the program regulations shall be
18 included in the inmate handbook.
19 (d) Written notice of changes.--Each inmate shall receive
20 written notice of any changes in medical services fees and
21 payment procedures and an initial written notice of the
22 program's implementation.
23 (e) Payment for medical services.--
24 (1) No inmate shall be denied access to medical services
25 because of an inability to pay the required fees.
26 (2) The department shall devise and implement a program
27 whereby inmates of State correctional institutions who have
28 medical insurance shall pay for their own medical needs
29 through that insurance. This program shall be contained in
30 regulations promulgated by the department.
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1 (f) Fee debits.--An inmate shall acknowledge in writing any
2 debit made to his inmate account for a medical services fee.
3 (g) Deposits.--Medical services fees collected under this
4 chapter shall be deposited in the General Fund.
5 § 3304. Powers and duties of department.
6 The department shall implement the program by:
7 (1) Issuing regulations as required under section 3303
8 (relating to Medical Services Program).
9 (2) Providing department staff and medical services
10 providers with training relating to the program.
11 (3) Developing administrative forms for the
12 implementation of the program.
13 (4) Providing for administrative and accounting
14 procedures for the program and an annual audit of the
15 program.
16 (5) Providing written notice to all current inmates
17 regarding implementation of the program.
18 § 3305. Costs outstanding upon release.
19 (a) Right to seek recovery of costs.--The department may
20 seek to recover any amount owed for medical services fees by an
21 inmate upon release from prison through a civil action brought
22 within one year of the inmate's release. The department shall
23 have the burden to prove the amount owed.
24 (b) Defense.--An inmate's inability to pay as determined by
25 the court shall be a defense to the payment of part or all of
26 the fees.
27 § 3306. Report to General Assembly.
28 The department shall submit to the chairmen and minority
29 chairmen of the Appropriations Committee and the Judiciary
30 Committee of the Senate and the chairmen and minority chairmen
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1 of the Appropriations Committee and the Judiciary Committee of
2 the House of Representatives an annual report on the program.
3 The report shall provide information on the fees charged and the
4 fees collected under the program and shall include a summary of
5 the annual audit of the program as required under section 3304
6 (relating to powers and duties of department). The report may
7 recommend legislative changes for the program and propose model
8 legislation for counties which may wish to develop similar
9 programs.
10 § 3307. Applicability.
11 The department shall collect fees for medical services
12 provided to an inmate after the effective date of the program
13 regulations as published in the Pennsylvania Bulletin.
14 CHAPTER 35
15 VISITATION
16 Subchapter
17 A. General Provisions
18 B. Official Visitation
19 SUBCHAPTER A
20 GENERAL PROVISIONS
21 Sec.
22 3501. Gubernatorial visitor for philanthropic purposes.
23 3502. Official visitors.
24 3503. Rights of official visitors.
25 § 3501. Gubernatorial visitor for philanthropic purposes.
26 The Governor may appoint a person to visit, for philanthropic
27 purposes, correctional institutions. No expense shall be
28 incurred to the Commonwealth for the implementation of this
29 section.
30 § 3502. Official visitors.
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1 (a) General rule.--Subject to the provisions of subsection
2 (b), the active or visiting committee of any society
3 incorporated for the purpose of visiting and instructing inmates
4 are hereby made official visitors of any correctional
5 institution, with the same powers, privileges and functions as
6 are vested in the official visitors of correctional institutions
7 as now prescribed by law.
8 (b) Notice required.--No active or visiting committee as
9 identified in subsection (a) may visit a correctional
10 institution under this section unless notice of the names of the
11 members of the committee and the terms of their appointment are
12 given by the society, in writing, under its corporate seal, to
13 the chief administrator of the correctional institution.
14 § 3503. Rights of official visitors.
15 (a) Visiting hours.--A person designated by law to be an
16 official visitor of a correctional institution may enter and
17 visit any correctional institution on any and every day,
18 including Sundays, between the hours of 9 a.m. and 5 p.m. and at
19 such other times with the special permission of the chief
20 administrator.
21 (b) Confirmation of role.--All powers, functions and
22 privileges granted to official visitors of correctional
23 institutions under prior law are hereby confirmed. No official
24 visitor shall have the right or power to give or deliver to an
25 inmate during such visit any chattel or object whatsoever,
26 except objects and articles of religious or moral instruction or
27 use.
28 (c) Effect of violation.--
29 (1) If an official visitor violates any provision of
30 this section, a chief administrator may apply to the court of
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1 common pleas in the county wherein the correctional
2 institution is situated, for a rule upon the official visitor
3 to show cause why he should not be deprived of his office.
4 (2) Upon proof to the satisfaction of the court, the
5 court shall enter a decree against the official visitor
6 depriving him of all rights, privileges and functions of an
7 official visitor.
8 SUBCHAPTER B
9 OFFICIAL VISITATION
10 Sec.
11 3511. Short title of subchapter.
12 3512. Definitions.
13 3513. Visitation.
14 3514. Employees of official visitor.
15 § 3511. Short title of subchapter.
16 This subchapter shall be known and may be cited as the
17 Official Visitation of Correctional Institutions Act.
18 § 3512. Definitions.
19 The following words and phrases when used in this subchapter
20 shall have the meanings given to them in this section unless the
21 context clearly indicates otherwise:
22 "Official visitor." The Governor, Lieutenant Governor,
23 President pro tempore and members of the Senate, Speaker and
24 members of the House of Representatives, justices and judges of
25 the courts of record, General Counsel, Attorney General and his
26 deputies and authorized members of the Pennsylvania Prison
27 Society who have been designated as official visitors, whose
28 names shall be given to a chief administrator, in writing,
29 together with the terms of their appointment under its corporate
30 seal.
20050S0506B1883 - 93 -
1 § 3513. Visitation.
2 (a) Time.--An official visitor may enter and visit any
3 correctional institution on any and every day, including
4 Sundays, between the hours of 9 a.m. and 5 p.m. Visits at any
5 other time shall be made only with the special permission of the
6 chief administrator.
7 (b) Denial of entry.--
8 (1) If a chief administrator of a State correctional
9 institution is of the opinion that the visit would be
10 dangerous to the discipline or welfare of the correctional
11 institution or the safety of the visitor, the chief
12 administrator may temporarily deny entry to any official
13 visitor if the secretary has previously declared that an
14 emergency situation exists within the correctional
15 institution.
16 (2) If a temporary exclusion under paragraph (1) exceeds
17 72 hours, the official visitor may apply to the Commonwealth
18 Court for a ruling upon the secretary to show cause why the
19 official visitor should not be permitted entry into the State
20 correctional institution.
21 (c) Temporary denial of visitation for county correctional
22 institutions.--
23 (1) If the chief administrator of a county correctional
24 institution has previously determined that an emergency
25 exists at the county correctional institution, the chief
26 administrator may, with the approval of the president judge
27 of the court of common pleas of the county where the county
28 correctional institution is located, temporarily deny entry
29 to an official visitor.
30 (2) If a temporary exclusion under paragraph (1) exceeds
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1 72 hours, the official visitor may apply to the Commonwealth
2 Court for a ruling upon the president judge to show cause why
3 the official visitor should not be permitted entry into the
4 county correctional institution.
5 (d) Interviews.--
6 (1) An official visitor may interview privately any
7 inmate confined in any correctional institution and for that
8 purpose may enter the cell, room or apartment wherein any
9 inmates are confined.
10 (2) If the chief administrator at the time of the visit
11 is of the opinion that entry into a cell would be dangerous
12 to the discipline of the correctional institution, then the
13 chief administrator may conduct any inmates with whom the
14 official visitor may desire a private interview into another
15 cell or room as the chief administrator may designate and
16 there permit the private interview between the official
17 visitor and the inmate to take place.
18 (e) Official visitors and employees not exempt from
19 prosecution.--Official visitors and their employees shall not be
20 exempt from prosecution for any criminal offense, including, but
21 not limited to, a violation of 18 Pa.C.S. §§ 5121 (relating to
22 escape), 5122 (relating to weapons or implements for escape) and
23 5123 (relating to contraband).
24 (f) Decree of court.--
25 (1) If an official visitor violates any provision of
26 this section, any chief administrator of a correctional
27 institution may apply to the appropriate court for a ruling
28 upon the official visitor to show cause why the official
29 visitor should not be deprived of his official visitation
30 status.
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1 (2) Upon proof to the satisfaction of the court, the
2 court shall enter a decree against the official visitor
3 depriving him of all rights, privileges and functions of an
4 official visitor.
5 § 3514. Employees of official visitor.
6 One employee of an official visitor may accompany the
7 official visitor when visiting any correctional institution and
8 may be present during an interview conducted by the official
9 visitor.
10 CHAPTER 37
11 INMATE PRERELEASE PLANS
12 Sec.
13 3701. Establishment of prerelease centers.
14 3702. Prerelease plan for inmates.
15 3703. Rules and regulations.
16 3704. Salaries and wages of inmates.
17 § 3701. Establishment of prerelease centers.
18 The department shall establish, with the approval of the
19 Governor, prisoner prerelease centers at such locations
20 throughout this Commonwealth as it deems necessary to carry out
21 effective prisoner prerelease programs.
22 § 3702. Prerelease plan for inmates.
23 (a) Transfer authorization.--
24 (1) The secretary may transfer an inmate incarcerated in
25 any prerelease center or in any prerelease center located in
26 any State correctional institution who has not been sentenced
27 to death or life imprisonment to any prerelease center.
28 (2) The transfer of the inmate to the prerelease center
29 shall not occur where the transfer is not appropriate due to
30 a certified terminal illness.
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1 (b) Temporary release.--An inmate transferred to and
2 confined in a prerelease center may be released temporarily with
3 or without direct supervision at the discretion of the
4 department, in accordance with rules and regulations as provided
5 in section 3703 (relating to rules and regulations), for the
6 purposes of gainful employment, vocational or technical
7 training, academic education and such other lawful purposes as
8 the department shall consider necessary and appropriate for the
9 furtherance of the inmate's individual prerelease program
10 subject to compliance with subsection (c).
11 (c) Conditions for release of certain inmates.--
12 (1) An inmate who has not served his minimum sentence
13 may not be transferred to a prerelease center unless:
14 (i) more than 20 days have elapsed after written
15 notice of the proposed transfer, describing the inmate's
16 individual prerelease program, has been received by the
17 sentencing judge or, in the event the sentencing judge is
18 unavailable, the sentencing court and the prosecuting
19 district attorney's office and no written objection by
20 the judge containing the reason therefor has been
21 received by the department;
22 (ii) the judge withdraws his objection after
23 consultation with representatives of the department; or
24 (iii) approval of the proposed transfer is given by
25 the Board of Pardons.
26 (2) In the event of a timely objection by the judge,
27 representatives of the department shall meet with the judge
28 and attempt to resolve the disagreement.
29 (3) If, within 20 days of the department's receipt of
30 the objection:
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1 (i) the judge does not withdraw his objection;
2 (ii) the department does not withdraw its proposal
3 for transfer; or
4 (iii) the judge and the department do not agree on
5 an alternate proposal for transfer, the matter shall be
6 listed for hearing at the next session of the Board of
7 Pardons to be held in the hearing district in which the
8 judge is located.
9 (4) During the hearing before the Board of Pardons,
10 representatives of the judge, the department, the district
11 attorney of the county where the inmate was prosecuted and
12 any victim involved shall have the opportunity to be heard.
13 (d) Notice of release.--
14 (1) An inmate who has served his minimum sentence may be
15 released by the department only after notice to the judge
16 that the privilege is being granted.
17 (2) Notice of the release of an inmate shall be given to
18 the Pennsylvania State Police, the probation officer and the
19 sheriff or chief of police of the county, and the chief of
20 police of the municipality or township of the locality to
21 which the inmate is assigned or of the inmate's authorized
22 destination.
23 § 3703. Rules and regulations.
24 The department shall establish rules and regulations for
25 granting and administering release plans and shall determine
26 those inmates who may participate in any plan. If an inmate
27 violates the rules or regulations prescribed by the department,
28 the inmate's release privileges may be withdrawn. Failure of an
29 inmate to report to or return from the assigned place of
30 employment, training, education or other authorized destination
20050S0506B1883 - 98 -
1 shall be deemed an offense under 18 Pa.C.S. § 5121 (relating to
2 escape).
3 § 3704. Salaries and wages of inmates.
4 (a) General rule.--The salaries or wages of inmates
5 gainfully employed under a plan established under this section
6 shall be collected by the department or its designated agents or
7 employees. The wages shall not be subject to garnishment or
8 attachment for any purpose either in the hands of the employer
9 or the department during the inmate's term of imprisonment and
10 shall be disbursed only as provided in this section, but for tax
11 purposes they shall be income of the inmate.
12 (b) Use of salaries or wages.--The salaries or wages of an
13 inmate participating in a plan established under this section
14 shall be disbursed by the department in the following order:
15 (1) The board of the inmate, including food and
16 clothing.
17 (2) Necessary travel expense to and from work and other
18 incidental expenses of the inmate.
19 (3) Support of the inmate's dependents, if any.
20 (4) Payment, either in full or ratably, of the inmate's
21 obligations acknowledged by him in writing or which have been
22 reduced to judgment.
23 (5) The balance, if any, to the inmate upon his
24 discharge.
25 CHAPTER 39
26 MOTIVATIONAL BOOT CAMP
27 Sec.
28 3901. Scope of chapter.
29 3902. Declaration of policy.
30 3903. Definitions.
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1 3904. Selection of inmate participants.
2 3905. Motivational boot camp program.
3 3906. Procedure for selection of participant in motivational
4 boot camp program.
5 3907. Completion of motivational boot camp program.
6 3908. Appeals.
7 § 3901. Scope of chapter.
8 This chapter authorizes motivational boot camps.
9 § 3902. Declaration of policy.
10 The General Assembly finds and declares as follows:
11 (1) The Commonwealth recognizes the severe problem of
12 overcrowding in correctional institutions and understands
13 that overcrowding is a causative factor contributing to
14 insurrection and prison rioting.
15 (2) The Commonwealth also recognizes that the frequency
16 of convictions responsible for the dramatic expansion of the
17 population in correctional institutions is attributable in
18 part to the increased use of drugs and alcohol.
19 (3) The Commonwealth, in wishing to salvage the
20 contributions and dedicated work which its displaced citizens
21 may someday offer, is seeking to explore alternative methods
22 of incarceration which might serve as the catalyst for
23 reducing criminal behavior.
24 § 3903. Definitions.
25 The following words and phrases when used in this chapter
26 shall have the meanings given to them in this section unless the
27 context clearly indicates otherwise:
28 "Commission." The Pennsylvania Commission on Sentencing.
29 "Eligible inmate." A person sentenced to a term of
30 confinement under the jurisdiction of the Department of
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1 Corrections who is serving a term of confinement, the minimum of
2 which is not more than two years and the maximum of which is
3 five years or less or an inmate who is serving a term of
4 confinement the minimum of which is not more than three years
5 where that inmate is within two years of completing his minimum
6 term, and who has not reached 35 years of age at the time he is
7 approved for participation in the motivational boot camp
8 program. The term shall not include any inmate who is subject to
9 a sentence the calculation of which included an enhancement for
10 the use of a deadly weapon as defined pursuant to the sentencing
11 guidelines promulgated by the Pennsylvania Commission on
12 Sentencing or any inmate serving a sentence for any violation of
13 one or more of the following provisions:
14 18 Pa.C.S. § 2502 (relating to murder).
15 18 Pa.C.S. § 2503 (relating to voluntary manslaughter).
16 18 Pa.C.S. § 2506 (relating to drug delivery resulting in
17 death).
18 18 Pa.C.S. § 2901 (relating to kidnapping).
19 18 Pa.C.S. § 3121 (relating to rape).
20 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual
21 intercourse).
22 18 Pa.C.S. § 3124.1 (relating to sexual assault).
23 18 Pa.C.S. § 3125 (relating to aggravated indecent
24 assault).
25 18 Pa.C.S. § 3301(a)(1)(i) (relating to arson and related
26 offenses).
27 18 Pa.C.S. § 3502 (relating to burglary) in the case of
28 burglary of a structure adapted for overnight accommodation
29 in which at the time of the offense any person is present.
30 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to
20050S0506B1883 - 101 -
1 robbery).
2 18 Pa.C.S. § 3702 (relating to robbery of motor vehicle).
3 18 Pa.C.S. § 7508 (a)(1)(iii), (2)(iii), (3)(iii) or
4 (4)(iii) (relating to drug trafficking sentencing and
5 penalties).
6 "Motivational boot camp." A program in which eligible
7 inmates participate for a period of six months in a humane
8 program for motivational boot camp programs which shall provide
9 for rigorous physical activity, intensive regimentation and
10 discipline, work on public projects, substance abuse treatment
11 services licensed by the Department of Health, continuing
12 education, vocational training, prerelease counseling and
13 community corrections aftercare.
14 § 3904. Selection of inmate participants.
15 (a) Duties of commission.--Through the use of sentencing
16 guidelines, the commission shall employ the definition of
17 "eligible inmate" as provided in this chapter to further
18 identify inmates who would be appropriate for participation in a
19 motivational boot camp.
20 (b) Duties of sentencing judge.--The sentencing judge shall
21 employ the sentencing guidelines to identify those defendants
22 who are eligible for participation in a motivational boot camp.
23 The judge shall have the discretion to exclude a defendant from
24 eligibility if the judge determines that the defendant would be
25 inappropriate for placement in a motivational boot camp. The
26 judge shall note on the sentencing order whether the defendant
27 has been identified as eligible for a motivational boot camp
28 program.
29 (c) Duties of department.--The secretary shall promulgate
30 rules and regulations providing for inmate selection criteria
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1 and the establishment of motivational boot camp selection
2 committees within each diagnostic and classification center of
3 the department.
4 § 3905. Motivational boot camp program.
5 (a) Establishment.--There is hereby established in the
6 department a motivational boot camp program.
7 (b) Program objectives.--The objectives of the program are:
8 (1) To protect the health and safety of the Commonwealth
9 by providing a program which will reduce recidivism and
10 promote characteristics of good citizenship among eligible
11 inmates.
12 (2) To divert inmates who ordinarily would be sentenced
13 to traditional forms of confinement under the custody of the
14 department to motivational boot camps.
15 (3) To provide discipline and structure to the lives of
16 eligible inmates and to promote these qualities in the
17 postrelease behavior of eligible inmates.
18 (c) Rules and regulations.--
19 (1) The secretary shall promulgate rules and regulations
20 which shall include, but not be limited to, inmate
21 discipline, selection criteria, programming and supervision
22 and administration.
23 (2) The department shall provide four weeks of intensive
24 training for all staff prior to the start of their
25 involvement with the program.
26 (d) Approval.--Motivational boot camp programs may be
27 established only at correctional institutions classified by the
28 secretary as motivational boot camp institutions.
29 (e) Evaluation.--The department and the commission shall
30 monitor and evaluate the motivational boot camp programs to
20050S0506B1883 - 103 -
1 ensure that the programmatic objectives are met. Both shall
2 present biennial reports of the evaluations to the Judiciary
3 Committee of the Senate and the Judiciary Committee of the House
4 of Representatives no later than February 1 in alternate years.
5 § 3906. Procedure for selection of participant in motivational
6 boot camp program.
7 (a) Application.--An eligible inmate may make an application
8 to the motivational boot camp selection committee for permission
9 to participate in the motivational boot camp program.
10 (b) Selection.--If the selection committee determines that
11 an inmate's participation in the program is consistent with the
12 safety of the community, the welfare of the applicant, the
13 programmatic objectives and the rules and regulations of the
14 department, the committee shall forward the application to the
15 secretary or his designee for approval or disapproval.
16 (c) Conditions.--Applicants may not participate in the
17 motivational boot camp program unless they agree to be bound by
18 all the terms and conditions thereof and indicate their
19 agreement by signing a memorandum of understanding.
20 (d) Qualifications to participate.--Satisfaction of the
21 qualifications set forth in this section to participate does not
22 mean that an inmate will automatically be permitted to
23 participate in the program.
24 (e) Expulsion from program.--
25 (1) An inmate's participation in the motivational boot
26 camp unit may be suspended or revoked for administrative or
27 disciplinary reasons.
28 (2) The department shall develop regulations consistent
29 with this subsection.
30 § 3907. Completion of motivational boot camp program.
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1 Upon certification by the department of the inmate's
2 successful completion of the program, the Pennsylvania Board of
3 Probation and Parole shall immediately release the inmate on
4 parole, notwithstanding any minimum sentence imposed in the
5 case. The parolee will be subject to intensive supervision for a
6 period of time determined by the board, after which the parolee
7 will be subject to the usual parole supervision. For all other
8 purposes, the parole of the inmate shall be as provided by
9 Chapter 61 (relating to Pennsylvania Board of Probation and
10 Parole).
11 § 3908. Appeals.
12 Nothing in this chapter shall be construed to enlarge or
13 limit the right of an inmate to appeal his or her sentence.
14 CHAPTER 41
15 STATE INTERMEDIATE PUNISHMENT
16 Sec.
17 4101. Scope of chapter.
18 4102. Findings and purpose.
19 4103. Definitions.
20 4104. Referral to State intermediate punishment program.
21 4105. Drug offender treatment program.
22 4106. Written guidelines and regulations.
23 4107. Reports.
24 4108. Construction.
25 4109. Evaluation.
26 § 4101. Scope of chapter.
27 This chapter relates to State intermediate punishment.
28 § 4102. Findings and purpose.
29 The General Assembly finds as follows:
30 (1) Many crimes are committed by persons who, because of
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1 their addiction to drugs or alcohol, are unable to maintain
2 gainful employment.
3 (2) These persons often commit crimes as a means of
4 obtaining the funds necessary to purchase drugs or alcohol.
5 (3) Many persons commit crimes while under the influence
6 of drugs or alcohol even though they are not addicted to such
7 substances in a clinical sense.
8 (4) Punishing persons who commit crimes is an important
9 aspect of recognizing the harm that criminals visit upon
10 their victims.
11 (5) Many people who commit crimes will be able to become
12 law-abiding, contributing members of society if they are able
13 to obtain treatment for their drug or alcohol addiction or
14 abuse.
15 (6) The purpose of this chapter is to create a program
16 that punishes person who commit crimes, but also provides
17 treatment that offers the opportunity for those persons to
18 address their drug or alcohol addiction or abuse and thereby
19 reduce the incidents of recidivism and enhance public safety.
20 § 4103. Definitions.
21 The following words and phrases when used in this chapter
22 shall have the meanings given to them in this section unless the
23 context clearly indicates otherwise:
24 "Commission." The Pennsylvania Commission on Sentencing.
25 "Community-based therapeutic community." A long-term
26 residential addiction treatment program licensed by the
27 Department of Health to provide addiction treatment services
28 using a therapeutic community model and determined by the
29 Department of Corrections to be qualified to provide addiction
30 treatment to eligible offenders.
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1 "Community corrections center." A residential program that
2 is supervised and operated by the Department of Corrections for
3 inmates with prerelease status or who are on parole.
4 "Court." The trial judge exercising sentencing jurisdiction
5 over an eligible offender under this chapter or the president
6 judge if the original trial judge is no longer serving as a
7 judge of the sentencing court.
8 "Defendant." An individual charged with a drug-related
9 offense.
10 "Department." The Department of Corrections of the
11 Commonwealth.
12 "Drug offender treatment program." An individualized
13 treatment program established by the Department of Corrections
14 consisting primarily of drug and alcohol addiction treatment
15 that satisfies the terms and conditions listed in section 4105
16 (relating to drug offender treatment program).
17 "Drug-related offense." A criminal offense for which a
18 defendant is convicted and that the court determines was
19 motivated by the defendant's consumption of or addiction to
20 alcohol or a controlled substance, counterfeit, designer drug,
21 drug, immediate precursor or marihuana, as those terms are
22 defined in the act of April 14, 1972 (P.L.233, No.64), known as
23 The Controlled Substance, Drug, Device and Cosmetic Act.
24 "Eligible offender." Subject to 42 Pa.C.S. § 9721(a.1)
25 (relating to sentencing generally), a defendant designated by
26 the sentencing court as a person convicted of a drug-related
27 offense who:
28 (1) Has undergone an assessment performed by the
29 Department of Corrections, which assessment has concluded
30 that the defendant is in need of drug and alcohol addiction
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1 treatment and would benefit from commitment to a drug
2 offender treatment program and that placement in a drug
3 offender treatment program would be appropriate.
4 (2) Does not demonstrate a history of present or past
5 violent behavior.
6 (3) Would be placed in the custody of the department if
7 not sentenced to State intermediate punishment.
8 (4) Provides written consent permitting release of
9 information pertaining to the defendant's participation in a
10 drug offender treatment program.
11 The term shall not include a defendant who is subject to a
12 sentence the calculation of which includes an enhancement for
13 the use of a deadly weapon, as defined pursuant to law or the
14 sentencing guidelines promulgated by the Pennsylvania Commission
15 on Sentencing, or a defendant who has been convicted of a
16 personal injury crime as defined in section 103 of the act of
17 November 24, 1998 (P.L.882, No.111), known as the Crime Victims
18 Act, or an attempt or conspiracy to commit such a crime or who
19 has been convicted of violating 18 Pa.C.S. § 4302 (relating to
20 incest), 5901 (relating to open lewdness), 6312 (relating to
21 abuse of children), 6318 (relating to unlawful contact with
22 minor) or 6320 (relating to sexual exploitation of children) or
23 Ch. 76 Subch. C (relating to Internet child pornography).
24 "Expulsion." The permanent removal of a participant from a
25 drug offender treatment program.
26 "Group home." A residential program that is contracted out
27 by the Department of Corrections to a private service provider
28 for inmates with prerelease status or who are on parole.
29 "Individualized drug offender treatment plan." An
30 individualized addiction treatment plan within the framework of
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1 the drug offender treatment program.
2 "Institutional therapeutic community." A residential drug
3 treatment program in a State correctional institution,
4 accredited as a therapeutic community for treatment of drug and
5 alcohol abuse and addiction by the American Correctional
6 Association or other nationally recognized accreditation
7 organization for therapeutic community drug and alcohol
8 addiction treatment.
9 "Outpatient addiction treatment facility." An addiction
10 treatment facility licensed by the Department of Health and
11 designated by the Department of Corrections as qualified to
12 provide addiction treatment to criminal justice offenders.
13 "Participant." An eligible offender actually sentenced to
14 State intermediate punishment pursuant to 42 Pa.C.S. §
15 9721(a)(7) (relating to sentencing generally).
16 "Transitional residence." A residence investigated and
17 approved by the Department of Corrections as appropriate for
18 housing a participant in a drug offender treatment program.
19 § 4104. Referral to State intermediate punishment program.
20 (a) Referral for evaluation.--
21 (1) Prior to imposing a sentence, the court may, upon
22 motion of the Commonwealth and agreement of the defendant,
23 commit a defendant to the custody of the department for the
24 purpose of evaluating whether the defendant would benefit
25 from a drug offender treatment program and whether placement
26 in the drug offender treatment program is appropriate.
27 (2) Upon committing a defendant to the department, the
28 court shall forward to the department:
29 (i) A summary of the offense for which the defendant
30 has been convicted.
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1 (ii) Information relating to the defendant's history
2 of delinquency or criminality, including the information
3 maintained by the court pursuant to 42 Pa.C.S. Ch. 63
4 (relating to juvenile matters), when available.
5 (iii) Information relating to the defendant's
6 history of drug or alcohol abuse or addiction, when
7 available.
8 (iv) A presentence investigation report, when
9 available.
10 (v) Any other information the court deems relevant
11 to assist the department with its assessment of the
12 defendant.
13 (b) Assessment of addiction.--
14 (1) The department shall conduct an assessment of the
15 addiction and other treatment needs of a defendant and
16 determine whether the defendant would benefit from a drug
17 offender treatment program. The assessment shall be conducted
18 using a nationally recognized assessment instrument or an
19 instrument that has been normed and validated on the
20 department's inmate population by a recognized expert in such
21 matters. The assessment instrument shall be administered by
22 persons skilled in the treatment of drug and alcohol
23 addiction and trained to conduct assessments. The assessments
24 shall be reviewed and approved by a supervisor with at least
25 three years of experience providing drug and alcohol
26 counseling services.
27 (2) The department shall conduct risk and other
28 assessments it deems appropriate and shall provide a report
29 of its assessment to the court, the defendant, the attorney
30 for the Commonwealth and the commission within 60 days of the
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1 court's commitment of the defendant to the custody of the
2 department.
3 (c) Proposed drug offender treatment program.--If the
4 department in its discretion believes a defendant would benefit
5 from a drug offender treatment program and placement in the drug
6 offender treatment program is appropriate, the department shall
7 provide the court, the defendant, the attorney for the
8 Commonwealth and the commission with a proposed drug offender
9 treatment program detailing the type of treatment proposed.
10 (d) Prerequisites for commitment.--Upon receipt of a
11 recommendation for placement in a drug offender treatment
12 program from the department and agreement of the attorney for
13 the Commonwealth and the defendant, the court may sentence an
14 eligible offender to a period of 24 months of State intermediate
15 punishment if the court finds that:
16 (1) The eligible offender is likely to benefit from
17 State intermediate punishment.
18 (2) Public safety would be enhanced by the eligible
19 offender's participation in State intermediate punishment.
20 (3) Sentencing the eligible offender to State
21 intermediate punishment would not depreciate the seriousness
22 of the offense.
23 (e) Consecutive probation.--Nothing in this chapter shall
24 prohibit the court from sentencing an eligible offender to a
25 consecutive period of probation. The total duration of the
26 sentence may not exceed the maximum term for which the eligible
27 offender could otherwise be sentenced.
28 (f) Applicability and program limitations.--The court may
29 not modify or alter the terms of the department's proposed
30 individualized drug offender treatment plan without the
20050S0506B1883 - 111 -
1 agreement of the department and the attorney for the
2 Commonwealth.
3 (g) Videoconferencing.--The department shall make
4 videoconferencing facilities available to allow the court to
5 conduct proceedings necessary under this section when the
6 eligible offender has been committed to the custody of the
7 department pursuant to subsection (b).
8 § 4105. Drug offender treatment program.
9 (a) Establishment.--The department shall establish and
10 administer a drug offender treatment program as a State
11 intermediate punishment. The program shall be designed to
12 address the individually assessed drug and alcohol abuse and
13 addiction needs of a participant and shall address other issues
14 essential to the participant's successful reintegration into the
15 community, including, but not limited to, educational and
16 employment issues.
17 (b) Duration and components.--Notwithstanding any credit to
18 which the defendant may be entitled under 42 Pa.C.S. § 9760
19 (relating to credit for time served), the duration of the drug
20 offender treatment program shall be 24 months and shall include
21 the following:
22 (1) A period in a State correctional institution of not
23 less than seven months. This period shall include:
24 (i) The time during which the defendants are being
25 evaluated by the department under section 4104(b)
26 (relating to referral to State intermediate punishment
27 program).
28 (ii) Following evaluation under subparagraph (i),
29 not less than four months shall be in an institutional
30 therapeutic community.
20050S0506B1883 - 112 -
1 (2) A period of treatment in a community-based
2 therapeutic community of at least two months.
3 (3) A period of at least six months' treatment through
4 an outpatient addiction treatment facility. During the
5 outpatient addiction treatment period of the drug offender
6 treatment program, the participant may be housed in a
7 community corrections center or group home or placed in an
8 approved transitional residence. The participant must comply
9 with any conditions established by the department regardless
10 of where the participant resides during the outpatient
11 addiction treatment portion of the drug offender treatment
12 program.
13 (4) A period of supervised reintegration into the
14 community for the balance of the drug offender treatment
15 program, during which the participant shall continue to be
16 supervised by the department and comply with any conditions
17 imposed by the department.
18 (c) Program management.--
19 (1) Consistent with the minimum time requirements set
20 forth in subsection (b), the department may transfer, at its
21 discretion, a participant between a State correctional
22 institution, an institutional therapeutic community, a
23 community-based therapeutic community, an outpatient
24 addiction treatment program and an approved transitional
25 residence. The department may also transfer a participant
26 back and forth between less restrictive and more restrictive
27 settings based upon the participant's progress or regression
28 in treatment or for medical, disciplinary or other
29 administrative reasons.
30 (2) This subsection shall be construed to provide the
20050S0506B1883 - 113 -
1 department with the maximum flexibility to administer the
2 drug offender treatment program both as a whole and for
3 individual participants.
4 (d) Right of refusal to admit.--The administrator of a
5 community-based therapeutic community or outpatient addiction
6 treatment facility may refuse to accept a participant whom the
7 administrator deems to be inappropriate for admission and may
8 immediately discharge to the custody of the department any
9 participant who fails to comply with facility rules and
10 treatment expectations or refuses to constructively engage in
11 the treatment process.
12 (e) Notice to court of completion of program.--When the
13 department determines that a participant has successfully
14 completed the drug offender treatment program, it shall notify
15 the sentencing court, the attorney for the Commonwealth and the
16 commission.
17 (f) Expulsion from program.--
18 (1) A participant may be expelled from the drug offender
19 treatment program at any time in accordance with guidelines
20 established by the department, including failure to comply
21 with administrative or disciplinary procedures or
22 requirements set forth by the department.
23 (2) The department shall promptly notify the court, the
24 defendant, the attorney for the Commonwealth and the
25 commission of the expulsion of a participant from the drug
26 offender treatment program and the reason for such expulsion.
27 The participant shall be housed in a State correctional
28 institution or county jail pending action by the court.
29 (3) The court shall schedule a prompt State intermediate
30 punishment revocation hearing pursuant to 42 Pa.C.S. § 9774
20050S0506B1883 - 114 -
1 (relating to revocation of State intermediate punishment
2 sentence).
3 § 4106. Written guidelines and regulations.
4 The department shall develop written guidelines for
5 participant selection criteria and the establishment of drug
6 offender treatment program selection committees within each
7 diagnostic and classification center of the department and shall
8 address suspensions and expulsions from the drug offender
9 treatment program. The guidelines shall not be subject to the
10 act of June 25, 1982 (P.L.633, No.181), known as the Regulatory
11 Review Act, and shall be effective for a period of two years
12 upon publication in the Pennsylvania Bulletin. The guidelines
13 shall be replaced by regulations promulgated by the department
14 consistent with the Regulatory Review Act within the two-year
15 period during which the guidelines are effective. The
16 regulations shall include a requirement that community-based
17 therapeutic communities utilized in the drug offender treatment
18 program be accredited as a therapeutic community for treatment
19 of drug and alcohol abuse and addiction by the Commission on
20 Accreditation of Rehabilitation Facilities or other nationally
21 recognized accreditation organization for community-based
22 therapeutic communities for drug and alcohol addiction
23 treatment.
24 § 4107. Reports.
25 (a) Final report.--The department shall provide a final
26 report to the court, the defendant, the attorney for the
27 Commonwealth and the commission on a participant's progress in
28 the drug offender treatment program.
29 (b) Evaluation and report to General Assembly.--The
30 department and the commission shall monitor and evaluate the
20050S0506B1883 - 115 -
1 drug offender treatment program to ensure that the programmatic
2 objectives are met. In odd-numbered years, the department shall
3 present a report of its evaluation to the Judiciary Committee of
4 the Senate and the Judiciary Committee of the House of
5 Representatives no later than February 1. In even-numbered
6 years, the commission shall present a report of its evaluation
7 to the Judiciary Committee of the Senate and the Judiciary
8 Committee of the House of Representatives no later than February
9 1. The report shall include:
10 (1) The number of offenders evaluated for the drug
11 offender treatment program.
12 (2) The number of offenders sentenced to the drug
13 offender treatment program.
14 (3) The number of offenders sentenced to a State
15 correctional institution who may have been eligible for the
16 drug offender treatment program.
17 (4) The number of offenders successfully completing the
18 drug offender treatment program.
19 (5) The six-month, one-year, three-year and five-year
20 recidivism rates for offenders who have completed the drug
21 offender treatment program and for a comparison group of
22 offenders who were not placed in the drug offender treatment
23 program.
24 (6) Any changes the department or the commission
25 believes will make the drug offender treatment program more
26 effective.
27 § 4108. Construction.
28 Notwithstanding any other provision of law to the contrary,
29 this chapter shall not be construed to:
30 (1) Confer any legal right upon any individual,
20050S0506B1883 - 116 -
1 including an individual participating in the drug offender
2 treatment program, to:
3 (i) participate in a drug offender treatment
4 program;
5 (ii) continue participation in a drug offender
6 treatment program;
7 (iii) modify the contents of the drug offender
8 treatment program; or
9 (iv) file any cause of action in any court
10 challenging the department's determination that a
11 participant be suspended or expelled from or that a
12 participant has successfully completed or failed to
13 successfully complete treatment to be provided during any
14 portion of a drug offender treatment program.
15 (2) Enlarge or limit the right of a participant to
16 appeal the participant's sentence.
17 § 4109. Evaluation.
18 The department and the commission shall monitor and evaluate
19 the motivational boot camp program under Chapter 39 (relating to
20 motivational boot camp) to ensure that the programmatic
21 objectives are met. In even-numbered years, the department shall
22 present a report of its evaluation to the Judiciary Committee of
23 the Senate and the Judiciary Committee of the House of
24 Representatives no later than February 1. In odd-numbered years,
25 the commission shall present a report of its evaluation to the
26 Judiciary Committee of the Senate and the Judiciary Committee of
27 the House of Representatives no later than February 1.
28 CHAPTER 43
29 EXECUTION PROCEDURE AND METHOD
30 Sec.
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1 4301. Definitions.
2 4302. Issuance of warrant.
3 4303. Terms of confinement.
4 4304. Method of execution.
5 4305. Witnesses to execution.
6 4306. Certification of chief administrator.
7 4307. Postmortem examination.
8 4308. Costs of execution and examination.
9 § 4301. Definitions.
10 The following words and phrases when used in this chapter
11 shall have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "Victim." The term shall have the same meaning given to it
14 in section 103 of the act of November 24, 1998 (P.L.882,
15 No.111), known as the Crime Victims Act.
16 "Victim advocate." The victim advocate within the
17 Pennsylvania Board of Probation and Parole.
18 § 4302. Issuance of warrant.
19 (a) Time.--
20 (1) After the receipt of the record pursuant to 42
21 Pa.C.S. § 9711(i) (relating to sentencing procedure for
22 murder of the first degree), unless a pardon or commutation
23 has been issued, the Governor shall, within 90 days, issue a
24 warrant specifying a day for execution which shall be no
25 later than 60 days after the date the warrant is signed.
26 (2) If because of a reprieve or a judicial stay of the
27 execution the date of execution passes without imposition of
28 the death penalty, unless a pardon or commutation has been
29 issued, the Governor shall, within 30 days after receiving
30 notice of the termination of the reprieve or the judicial
20050S0506B1883 - 118 -
1 stay, reissue a warrant specifying a day for execution which
2 shall be no later than 60 days after the date of reissuance
3 of the warrant.
4 (b) Secretary.--The warrant shall be directed to the
5 secretary commanding that the subject of the warrant be executed
6 on the day named in the warrant and in the manner prescribed by
7 law.
8 (c) Failure to timely comply.--If the Governor fails to
9 timely comply with the provisions of this section and a pardon
10 or commutation has not been issued, the secretary shall, within
11 30 days following the Governor's failure to comply, schedule and
12 carry out the execution no later than 60 days from the date by
13 which the Governor was required to sign the warrant under
14 subsection (a).
15 § 4303. Terms of confinement.
16 Upon receipt of the warrant, the secretary shall, until
17 infliction of the death penalty or until lawful discharge from
18 custody, keep the inmate in solitary confinement. During the
19 confinement, no person shall be allowed access to the inmate
20 without an order of the sentencing court, except the following:
21 (1) The staff of the department.
22 (2) The inmate's counsel of record or other attorney
23 requested by the inmate.
24 (3) A spiritual adviser selected by the inmate or the
25 members of the immediate family of the inmate.
26 § 4304. Method of execution.
27 (a) Injection.--
28 (1) The death penalty shall be inflicted by injecting
29 the convict with a continuous intravenous administration of a
30 lethal quantity of an ultrashort-acting barbiturate in
20050S0506B1883 - 119 -
1 combination with chemical paralytic agents approved by the
2 department until death is pronounced by the coroner. The
3 coroner shall issue the death certificate.
4 (2) The execution shall be supervised by the chief
5 administrator or his designee of the State correctional
6 institution designated by the department for the execution.
7 (b) Injection agents.--Notwithstanding section 13 of the act
8 of April 14, 1972 (P.L.233, No.64), known as The Controlled
9 Substance, Drug, Device and Cosmetic Act, the secretary or his
10 designee may obtain the injection agents directly from a
11 pharmacist or manufacturer.
12 § 4305. Witnesses to execution.
13 (a) List of witnesses.--No person except the following shall
14 witness any execution under the provisions of this chapter:
15 (1) The chief administrator or his designee of the State
16 correctional institution where the execution takes place.
17 (2) Six reputable adult citizens selected by the
18 secretary.
19 (3) One spiritual adviser, when requested and selected
20 by the inmate.
21 (4) Not more than six duly accredited representatives of
22 the news media.
23 (5) Such staff of the department as may be selected by
24 the secretary.
25 (6) Not more than four victims registered with and
26 selected by the victim advocate.
27 (b) Witnesses.--The secretary may refuse participation by a
28 witness for safety or security reasons. The department shall
29 make reasonable efforts to provide victims a viewing area
30 separate and apart from the area to which other witnesses are
20050S0506B1883 - 120 -
1 admitted.
2 (c) Confidentiality.--The identity of department employees,
3 department contractors or victims who participate in the
4 administration of an execution pursuant to this section shall be
5 confidential.
6 § 4306. Certification of chief administrator.
7 After the execution, the chief administrator or his designee
8 shall certify in writing, under oath or affirmation, to the
9 court of the county where the inmate was sentenced to death that
10 the inmate was duly executed in accordance with this chapter.
11 The certificate shall be filed in the office of the clerk of
12 such court.
13 § 4307. Postmortem examination.
14 (a) General rule.--Immediately after execution, a postmortem
15 examination of the body of the inmate shall be made at the
16 discretion of the coroner of the county in which the execution
17 is performed. The coroner shall report the nature of any
18 examination made. This report shall be annexed to and filed with
19 the certificate required under section 4306 (relating to
20 certification of chief administrator).
21 (b) Disposition of body.--After the postmortem examination,
22 unless claimed by a relative or relatives, the department shall
23 be responsible for disposition of the body.
24 § 4308. Costs of execution and examination.
25 The actual and necessary costs of the execution and the
26 postmortem examination shall be paid by the department.
27 CHAPTER 59
28 MISCELLANEOUS PROVISIONS
29 Sec.
30 5901. Physical welfare of inmates.
20050S0506B1883 - 121 -
1 5902. Contraband prohibited.
2 5903. Inmate uniforms.
3 5904. Assessment and collection of costs.
4 § 5901. Physical welfare of inmates.
5 (a) Physical exercise.--
6 (1) A chief administrator who may or shall have in
7 charge any inmate, whether the inmate has been tried or not,
8 shall provide the inmate with at least two hours of daily
9 physical exercise in the open, weather permitting, and upon
10 such days on which the weather is inclement, with two hours
11 of daily physical exercise inside of the correctional
12 institution.
13 (2) The physical exercise must be safe and practical,
14 and the judges of several courts are to be the judges
15 thereof.
16 (3) Inmates in segregation or disciplinary status shall
17 receive a minimum of at least one hour of daily exercise five
18 days per week.
19 (b) Limitation.--The physical exercise required by
20 subsection (a) shall not be taken by an inmate within the
21 confines of his cell or room in which the inmate is confined.
22 (c) Applicability.--This section shall not apply to inmates
23 who are confined and not physically able to take the required
24 physical exercise.
25 § 5902. Contraband prohibited.
26 (a) Alcohol and drugs.--No spirituous or fermented liquors,
27 drug, medicine, poison, opium, morphine or any other kind or
28 character of narcotics shall, on any pretense whatever:
29 (1) be sold or given away in a correctional institution
30 or in any building appurtenant thereto, or on the land
20050S0506B1883 - 122 -
1 granted to or owned or leased by the Commonwealth for the use
2 and benefit of inmates; or
3 (2) be brought into a correctional institution or any
4 building appurtenant thereto, or on to the land granted to or
5 owned or leased by the Commonwealth for the use of and
6 benefit of inmates, without a written permit signed by the
7 physician of the correctional institution specifying the
8 quantity and quality of the liquor or narcotic which may be
9 furnished to the inmate or employee in the prison and the
10 name of the inmate or employee for whom and the time when the
11 liquor or narcotic may be furnished, except the ordinary
12 hospital supply of the prisons.
13 (b) Permit.--The permit shall be delivered to and kept by
14 the chief administrator.
15 (c) No secured storage.--No spirituous or fermented liquor,
16 drug, medicine, poison, opium, morphine or any other kind or
17 character of narcotic shall be sold, given away or furnished,
18 either directly or indirectly, to an inmate, either in or
19 anywhere outside of the correctional institution, or be disposed
20 of in such manner or in such a place that it may be secured by
21 an inmate or employee of the prison.
22 (d) Tobacco.--Tobacco may be supplied and used, subject to
23 such regulations as may be adopted by the chief administrator.
24 (e) Weapons.--No weapon or other implement which may be used
25 to injure an inmate or person or in assisting an inmate to
26 escape from imprisonment shall:
27 (1) be sold, given away or furnished to an inmate in any
28 correctional institution or any building appurtenant thereto,
29 or on the land granted to or owned or leased by the
30 Commonwealth for the use and benefit of inmates;
20050S0506B1883 - 123 -
1 (2) be brought into any correctional institution or any
2 building appurtenant thereto, or on to the land granted to or
3 owned or leased by the Commonwealth for the use and benefit
4 of inmates; or
5 (3) be sold, given away or furnished, either directly or
6 indirectly, to an inmate, either in or anywhere outside of
7 the correctional institution, or be disposed of in such a
8 manner or in such a place that it may be secured by an inmate
9 in the correctional institution.
10 (f) Searches.--A chief administrator may search or cause to
11 have searched any person coming to the correctional institution
12 as a visitor, or in any other capacity, who is suspected of
13 having upon his person:
14 (1) any weapon or other implement which may be used to
15 injure an inmate or any other person or in assisting an
16 inmate to escape from imprisonment; or
17 (2) any spirituous or fermented liquor, drug, medicine,
18 poison, opium, morphine or any other kind or character of
19 narcotics.
20 (g) Penalty.--A person who violates any of the provisions of
21 this section commits a felony and shall, upon conviction, be
22 sentenced to pay a fine of not more than $1,000 or to
23 imprisonment for not more than five years, or both.
24 § 5903. Inmate uniforms.
25 While incarcerated, an inmate of a State correctional
26 institution shall wear identifiable prison uniforms and shall
27 not wear civilian clothing.
28 § 5904. Assessment and collection of costs.
29 (a) Power of department.--When the department determines
30 that there has been a financial loss or cost as a result of a
20050S0506B1883 - 124 -
1 violation of a written rule governing inmate behavior,
2 including, but not limited to, property loss or damage or use of
3 a controlled substance, the department may require the inmate to
4 pay to the department, or to the person whose property has been
5 lost or damaged, the value of the property or the costs incurred
6 in the investigation and administrative review of the behavior.
7 (b) Procedures.--The department shall develop written
8 procedures relating to the determination, assessment and
9 collection of the costs of losses due to inmate misconduct. When
10 the procedures have been adopted by the department, the
11 provisions of 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and
12 procedure of Commonwealth agencies) shall not apply to
13 proceedings conducted by the department under this section.
14 (c) Deduction from inmate's institutional account.--
15 (1) The department may deduct from an inmate's
16 institutional account the amount of any judgment, court-
17 ordered costs or assessments against the inmate under
18 subsection (a).
19 (2) Notice of the deduction shall be provided to the
20 inmate by certified mail or personal notice.
21 PART IV
22 PROBATION AND PAROLE
23 Chapter
24 61. Pennsylvania Board of Probation and Parole
25 63. County Probation Officers' Firearm Education and
26 Training
27 CHAPTER 61
28 PENNSYLVANIA BOARD OF PROBATION AND PAROLE
29 Subchapter
30 A. Preliminary Provisions
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1 B. Administration
2 C. Powers and Duties
3 D. State Parole Agents
4 SUBCHAPTER A
5 PRELIMINARY PROVISIONS
6 Sec.
7 6101. Definitions.
8 6102. Operation of parole system generally.
9 § 6101. Definitions.
10 The following words and phrases when used in this chapter
11 shall have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "Board." The Pennsylvania Board of Probation and Parole.
14 § 6102. Operation of parole system generally.
15 The parole system shall operate consistent with the following
16 provisions:
17 (1) The parole system provides several benefits to the
18 criminal justice system, including the provision of adequate
19 supervision of the offender while protecting the public, the
20 opportunity for the offender to become a useful member of
21 society and the diversion of appropriate offenders from
22 prison.
23 (2) In providing these benefits to the criminal justice
24 system, the board shall first and foremost seek to protect
25 the safety of the public.
26 (3) In addition to this goal, the board shall address
27 input by crime victims and assist in the fair administration
28 of justice by ensuring the custody, control and treatment of
29 paroled offenders.
30 SUBCHAPTER B
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1 ADMINISTRATION
2 Sec.
3 6111. Pennsylvania Board of Probation and Parole.
4 6112. Board chairperson.
5 6113. Board action.
6 6114. Salaries of board members.
7 6115. Incompatible offices and removal.
8 6116. Meetings.
9 6117. Official seal.
10 6118. Offices.
11 6119. District directors.
12 6120. District office employees.
13 6121. Disciplinary action.
14 6122. Political activities.
15 6123. Advisory committee.
16 § 6111. Pennsylvania Board of Probation and Parole.
17 (a) Establishment.--The Pennsylvania Board of Probation and
18 Parole is reestablished as an independent administrative board
19 for the administration of the probation and parole laws of this
20 Commonwealth.
21 (b) Membership.--The board shall consist of nine members who
22 shall be appointed by the Governor, by and with the advice and
23 consent of a majority of the members of the Senate, and each of
24 whom shall hold office for a term of six years or until that
25 person's successor shall have been duly appointed and qualified,
26 but in no event more than 90 days beyond the expiration of that
27 person's appointed term.
28 (c) Vacancies.--
29 (1) Vacancies occurring in an office of member of the
30 board by expiration of term, death, resignation, removal or
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1 for any other reason shall be filled in the manner provided
2 by section 8 of Article IV of the Constitution of
3 Pennsylvania for the remainder of the term.
4 (2) Whenever a board member's term expires, that
5 member's position shall be immediately deemed a vacancy, and
6 the Governor shall nominate a person to fill that membership
7 position on the board within 90 days of the date of
8 expiration, even if the member continues to remain on the
9 board.
10 (d) Eligibility.--To be eligible to be appointed by the
11 Governor for membership on the board, an individual shall have
12 at least six years of professional experience in parole,
13 probation, social work or related areas, including one year in a
14 supervisory or administrative capacity, and a bachelor's degree.
15 Any equivalent combination of experience and training shall be
16 acceptable.
17 (e) General powers.--Subject to the provisions of this
18 chapter, the board shall have all the powers and shall perform
19 the duties generally vested in and imposed upon independent
20 administrative boards and commissions by the act of April 9,
21 1929 (P.L.177, No.175), known as The Administrative Code of
22 1929, and shall be subject to all the provisions of that act
23 applicable generally to independent administrative boards and
24 commissions.
25 § 6112. Board chairperson.
26 (a) Designation by Governor.--The Governor shall from time
27 to time, as the occasion may arise, designate one of the members
28 of the board to be its chairperson who shall:
29 (1) Direct the operations of the board and fulfill the
30 functions established by this chapter.
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1 (2) Secure the effective application of the probation
2 system in all of the courts of this Commonwealth and the
3 enforcement of the probation laws.
4 (3) Preside at all meetings of the board.
5 (4) Perform all the duties and functions of chairperson,
6 including organizing, staffing, controlling, directing and
7 administering the work of the staff.
8 (b) Alternate chairperson.--The board may designate one of
9 its members to act as alternate chairperson during the absence
10 or incapacity of the chairperson and, when so acting, the member
11 so designated shall have and perform all the powers and duties
12 of chairperson of the board, but shall not receive any
13 additional compensation for acting as chairperson.
14 (c) Subject to board policies and procedures.--The
15 chairperson and alternate chairperson, in performing the duties
16 of that office as they relate to parole, reparole and violation
17 and revocation proceedings, shall act in accordance with the
18 policies and procedures established by the board.
19 § 6113. Board action.
20 (a) Quorum.--
21 (1) A majority of the board shall constitute a quorum
22 for transacting business and, except as otherwise provided in
23 this chapter, a majority vote of those present at any meeting
24 shall be sufficient for any official action taken by the
25 board.
26 (2) Except as provided in subsections (b), (c) and (d),
27 no person shall be paroled or discharged from parole or have
28 his parole revoked, except by a majority of the entire
29 membership of the board.
30 (b) Panel decisions.--The board may make decisions on
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1 parole, reparole, return or revocation in panels of two persons.
2 A panel shall consist of one board member and one hearing
3 examiner or of two board members. Panels shall be appointed by
4 the chairperson or the chairperson's designee.
5 (c) Disagreement within panel.--
6 (1) If there is disagreement on a decision to parole
7 between the members of a panel, the matter shall be decided
8 by a board member appointed by the chairperson or the
9 chairperson's designee, who shall concur with one of the
10 original panel members.
11 (2) If there is disagreement on a revocation decision
12 between the members of the panel, the matter shall be decided
13 by three board members appointed by the chairperson or the
14 chairperson's designee; at least two of these members must
15 not have been on the disagreeing panel, if practicable.
16 (d) Appeal.--
17 (1) An interested party may appeal a revocation decision
18 within 30 days of the board's order. The decision shall be
19 reviewed by three board members appointed by the chairperson
20 or the chairperson's designee.
21 (2) If practicable, at least two of the board members
22 reviewing the decision must not have been on the panel whose
23 decision is being appealed. The three board members deciding
24 the appeal may affirm, reverse or remand the decision of the
25 panel or may order the matter be heard de novo.
26 § 6114. Salaries of board members.
27 The Executive Board shall determine the salaries to be paid
28 to the members of the board.
29 § 6115. Incompatible offices and removal.
30 (a) General rule.--The members of the board shall not hold
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1 any other public office or employment nor engage in any
2 business, profession or employment during their terms of service
3 as members thereof and shall hold their offices during the terms
4 for which they shall have been appointed.
5 (b) Procedure for removal.--
6 (1) A member of the board may be removed by the
7 Governor, by and with the advice and consent of two-thirds of
8 the members of the Senate.
9 (2) During a recess of the Senate, the Governor may
10 suspend a member of the board for cause, and before
11 suspension the Governor shall furnish to the member a
12 statement in writing of the reasons for the proposed
13 suspension of the member. The suspension shall operate and be
14 effective only until the adjournment of the next session of
15 the Senate following the suspension.
16 § 6116. Meetings.
17 (a) General rule.--As soon as may be convenient after their
18 appointment, the members of the board shall meet and organize.
19 (b) Appointment of secretary.--The members of the board
20 shall appoint a secretary, who:
21 (1) Shall not be a member of the board.
22 (2) Shall hold office at the pleasure of the board.
23 (3) Shall have such powers and perform such duties not
24 inconsistent with any law of this Commonwealth as the board
25 shall prescribe.
26 (4) Shall receive such compensation as the board shall
27 determine in conformity with the rules of the Executive
28 Board.
29 (c) Temporary secretary.--In the absence or incapacity of
30 the secretary to act, the board may designate such other person
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1 as it may choose to perform temporarily the duties of secretary.
2 § 6117. Official seal.
3 The board shall adopt an official seal by which its acts and
4 proceedings shall be authenticated and of which the courts shall
5 take judicial notice. The certificate of the chairperson of the
6 board, under the seal of the board and attested by the
7 secretary, shall be accepted in evidence in any judicial
8 proceeding in any court of this Commonwealth as adequate and
9 sufficient proof of the acts and proceedings of the board
10 referenced in the certificate.
11 § 6118. Offices.
12 (a) Principal office.--The principal office of the board
13 shall be in Harrisburg, and the board shall appoint and employ
14 such number and character of officers, agents, clerks,
15 stenographers and employees as may be necessary to carry out the
16 purposes of this chapter. The salaries of persons so appointed
17 and employed by the board shall be fixed by the board.
18 (b) District offices.--The board, with the approval of the
19 Governor, shall divide the Commonwealth for administrative
20 purposes into a suitable number of districts, not to exceed ten,
21 in each of which shall be a district office which shall have
22 immediate charge of the supervision of cases of probation and
23 parole arising in the courts of the judicial districts embraced
24 within its territorial limits, but, as occasion may require, the
25 supervision of particular parolees may be transferred by the
26 board to other appropriate parole districts.
27 (c) Location of district offices.--
28 (1) The board shall fix and determine the location of
29 the various district offices within their respective
30 districts, having regard to local conditions in each district
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1 and to the most convenient and efficient functioning of the
2 office established in each district.
3 (2) At each of the locations so fixed and determined,
4 the board shall provide such office accommodations,
5 furniture, equipment and supplies as may be reasonably
6 suitable and adequate for the proper handling and dispatch of
7 the parole business of the district.
8 (3) The board may enter into contracts on behalf of the
9 Commonwealth for such office accommodations, furniture,
10 equipment and supplies through the Department of General
11 Services.
12 (d) Consideration for fixing compensation.--In fixing
13 compensation for its officers, clerks and employees under the
14 provisions of this chapter, the board shall have regard to the
15 kind, grade or class of service to be rendered, and whenever any
16 standard compensation has been fixed by the Executive Board for
17 any kind, grade or class of service or employment, the
18 compensation of all persons appointed or employed by the board
19 in the same kind, grade or class shall be fixed by it in
20 accordance with such standard.
21 § 6119. District directors.
22 (a) Establishment.--Each district parole office shall be in
23 charge of a district director who:
24 (1) Shall be appointed by the board, with the approval
25 of the Governor.
26 (2) Shall receive such annual salary as the board shall
27 determine in conformity with the rules of the Executive
28 Board.
29 (b) Status and role.--The district director shall be the
30 executive head of the district office to which the district
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1 supervisor is appointed and shall have the control, management
2 and direction of all employees of the board assigned to the
3 district, subject to the supervision of the board.
4 § 6120. District office employees.
5 (a) Board to appoint.--The board shall appoint in the
6 various district offices a sufficient number of parole officers,
7 clerks, stenographers and other agents and employees to fully
8 and efficiently administer the parole laws of this Commonwealth,
9 but no employee of the board, other than its secretary and
10 district supervisors, shall be appointed by the board except in
11 the manner provided by this chapter.
12 (b) Salaries and qualifications.--The salaries of the
13 appointees in subsection (a) shall be fixed by the board. The
14 board shall from time to time by appropriate rule or regulation
15 prescribe the qualifications to be possessed by its personnel.
16 The qualifications shall be such as will best promote the
17 efficient operation of probation and parole.
18 § 6121. Disciplinary action.
19 (a) General rule.--Except as otherwise provided in
20 subsection (b), an employee of the board, excluding the
21 secretary and district supervisors, may be removed, discharged
22 or reduced in pay or position only for cause and after being
23 given the reasons therefor in writing and afforded an
24 opportunity to be heard in answer thereto.
25 (b) Exception.--An employee may be suspended without pay and
26 without hearing for a period not exceeding 30 days, but the
27 reason or reasons for the suspension must be given to the
28 employee by the board in writing.
29 (c) Successive suspensions.--There shall not be any
30 successive suspensions of the same employee under this section.
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1 § 6122. Political activities.
2 (a) General rule.--No member of the board, or officer, clerk
3 or employee thereof, or any person officially connected with the
4 board:
5 (1) Shall take any active part in politics or be a
6 member of or delegate or alternate to any political
7 convention or be present at such convention, except in the
8 performance of that person's official duties under this
9 chapter.
10 (2) Shall serve as a member of or attend the meetings of
11 any committee of any political party, or take any part in
12 political management or political campaigns, or use that
13 person's office to influence political movements, or to
14 influence the action of any other officer, clerk or employee
15 of the board.
16 (3) Shall in any way or manner interfere with or
17 participate in the conduct of any election or the preparation
18 therefor at the polling place, or with the election officers
19 while counting the votes or returning the ballot boxes,
20 books, papers, election paraphernalia and machinery to the
21 place provided by law, or be within any polling place, except
22 for the purpose of voting as speedily as it reasonably can be
23 done or be otherwise within 50 feet or any polling place,
24 except for purposes of ordinary travel or residence during
25 the period of time beginning with one hour preceding the
26 opening of the polls for holding the election and ending with
27 the time when the election officers shall have finished
28 counting the votes and have left the polling place.
29 (4) Shall directly or indirectly make or give, demand or
30 solicit or be in any manner concerned in making, giving,
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1 demanding, soliciting or receiving any assessments,
2 subscriptions or contributions, whether voluntary or
3 involuntary, to any political party or for any political
4 purpose whatsoever.
5 (b) Penalty.--Any person who violates any of the provisions
6 of this section:
7 (1) Commits a misdemeanor of the third degree, and, upon
8 conviction thereof, shall be punished by a fine not exceeding
9 $500 and imprisonment not exceeding one year, or both.
10 (2) Shall forfeit that person's office or employment, as
11 the case may be.
12 (3) Shall not thereafter be appointed or employed by the
13 board in any position or capacity whatsoever.
14 (c) Dismissal required.--The board shall dismiss any
15 officer, clerk or employee thereof who shall violate this
16 section from that person's office or employment.
17 § 6123. Advisory committee.
18 (a) Establishment.--An advisory committee on probation is
19 reestablished to assist the board.
20 (b) Composition.--The advisory committee shall consist of
21 nine members, seven of whom shall be appointed by the Governor,
22 with the consent of a majority of the members of the Senate. At
23 least two shall be judges of courts of record of this
24 Commonwealth, at least one shall be a county commissioner, at
25 least one shall be a chief county probation officer, and the
26 remaining members shall be qualified in the field of probation
27 and parole either by training or experience. The President pro
28 tempore of the Senate and the Speaker of the House of
29 Representatives shall each appoint a member of their respective
30 houses to serve as members of the committee.
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1 (c) Terms.--
2 (1) The term of a member hereafter appointed, except to
3 fill a vacancy, shall be for four years and until their
4 successors have been appointed and qualified, but in no event
5 more than 90 days beyond the expiration of their appointed
6 term.
7 (2) The terms of members of the committee who are
8 appointed by virtue of holding an office as a member of the
9 General Assembly, judge or county commissioner shall continue
10 only so long as that person remains in that office.
11 (3) Vacancies occurring in an office of a member of the
12 advisory committee by expiration of term, death, resignation,
13 removal or for any other reason shall be filled in the manner
14 provided by section 8 of Article IV of the Constitution of
15 Pennsylvania for the remainder of the term.
16 (4) Whenever the term of an advisory committee member,
17 other than one who is a member of the General Assembly,
18 expires, that member's position shall be immediately deemed a
19 vacancy, and the Governor shall nominate a person to fill
20 that membership position on the committee within 90 days of
21 the date of expiration, even if the member continues to
22 remain on the committee. The Governor shall designate one of
23 the members of the committee as its chairperson.
24 (d) Reimbursement of expenses.--Each member of the advisory
25 committee shall be paid all reasonable and necessary travel and
26 other expenses incurred by him in the performance of his duties.
27 (e) Assistance to be provided.--The advisory committee shall
28 aid the chairperson and the board in formulating and reviewing
29 standards for probation personnel and probation services in the
30 counties.
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1 SUBCHAPTER C
2 POWERS AND DUTIES
3 Sec.
4 6131. General powers of board.
5 6132. Specific powers of board involving parolees.
6 6133. Probation services.
7 6134. Sentencing court to transmit records to board.
8 6135. Investigation of circumstances of offense.
9 6136. Right of access to inmates.
10 6137. Parole power.
11 6138. Violation of terms of parole.
12 6139. Parole procedure.
13 6140. Victim statements, testimony and participation in
14 hearing.
15 6141. General rules and special regulations.
16 § 6131. General powers of board.
17 (a) General rule.--The board shall have the power and its
18 duty shall be:
19 (1) To supervise and make presentence investigations and
20 reports as provided by law.
21 (2) To collect and maintain copies of all presentence
22 investigations and reports.
23 (3) To collect and maintain a record of all persons who
24 are placed on probation and parole.
25 (4) To collect, compile and publish statistical and
26 other information relating to probation and parole work in
27 all courts and such other information the board may deem of
28 value in probation service.
29 (5) To establish, by regulation, uniform Statewide
30 standards for:
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1 (i) Presentence investigations.
2 (ii) The supervision of probationers.
3 (iii) The qualifications for probation personnel.
4 (iv) Minimum salaries.
5 (v) Quality of probation service.
6 The standards for the qualifications of probation personnel
7 shall only apply to probation personnel appointed after the
8 date the standards are established. Should any probation
9 personnel appointed prior to the date the standards were
10 established fail to meet the standards, the court having
11 jurisdiction of such personnel may request the board to
12 establish in-service training for them in accordance with the
13 standards.
14 (6) To adopt regulations establishing specific
15 composition, functions and responsibilities for citizens
16 advisory committees and to receive reports, recommendations
17 or other input concerning parole policies and parole-related
18 concerns from the committees on a regular basis.
19 (7) To adopt regulations establishing criteria for board
20 acceptance of cases for supervision and presentence
21 investigations from counties that on December 31, 1985,
22 maintained adult probation offices and parole systems.
23 (8) To enter into contracts for purchasing community
24 services to assist parolees and to supplement existing
25 programs.
26 (9) To pay the cost of preparole drug screening tests
27 for inmates within the parole release jurisdiction of the
28 board, who are confined in a State or local correctional
29 facility, as required under section 6137 (relating to parole
30 power).
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1 (10) To enter into contracts which provide for the
2 continuous electronic monitoring of parolees.
3 (11) To establish and provide for intensive supervision
4 units and day reporting centers for the supervision of
5 parolees.
6 (b) Court-appointed probation officers to submit information
7 to board.--A court that appoints a probation officer shall
8 require the probation officer to submit to the board such
9 information as the board may require on forms prescribed and
10 furnished by the board.
11 (c) Access to county records.--The board shall have free and
12 ready access to all probation and parole records of any county.
13 § 6132. Specific powers of board involving parolees.
14 (a) General rule.--The board shall have exclusive power:
15 (1) (i) To parole and reparole, commit and recommit for
16 violations of parole and to discharge from parole all
17 persons sentenced by any court at any time to
18 imprisonment in a correctional facility.
19 (ii) This paragraph applies to inmates sentenced to
20 definite or flat sentences.
21 (2) (i) To supervise any person placed on parole, when
22 sentenced to a maximum period of less than two years, by
23 any judge of a court having criminal jurisdiction, when
24 the court may by special order direct supervision by the
25 board, in which case the parole case shall be known as a
26 special case and the authority of the board with regard
27 thereto shall be the same as provided in this chapter
28 with regard to parole cases within one of the
29 classifications set forth in this chapter.
30 (ii) Except for such special cases, the powers and
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1 duties conferred by this section shall not extend to
2 persons sentenced for a maximum period of less than two
3 years.
4 (b) Construction.--Nothing contained in this section shall
5 be construed to prevent a court from paroling any person
6 sentenced by it for a maximum period of less than two years.
7 (c) Definition.--As used in this section, "period of two
8 years" means the entire continuous term of sentence to which a
9 person is subject, whether for one or more sentences, either to
10 simple imprisonment or to an indeterminate imprisonment as
11 authorized by law to be imposed for criminal offenses.
12 § 6133. Probation services.
13 (a) General rule.--The board shall have exclusive power to
14 supervise any person placed on probation by any judge of a court
15 having criminal jurisdiction, when the court by special order
16 directs supervision by the board.
17 (b) Presentence investigations.--The board shall make
18 presentence investigations when requested to do so by the court.
19 (c) Grant-in-aid.--
20 (1) A county that provides additional probation staff
21 for presentence investigations and improved probation
22 supervision and program shall receive a grant-in-aid from the
23 Commonwealth through the board for additional cost incurred
24 thereby but only to the extent that the additional staff and
25 program meet the qualifications and standards established by
26 the board.
27 (2) The grant-in-aid shall provide 80% of the personnel
28 salary costs incurred by a county to administer these
29 additional services and programs.
30 (3) If insufficient funds are appropriated, each county
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1 shall receive a prorated reduction in the grant-in-aid.
2 (4) The board shall establish rules and regulations for
3 the allocation of funds available for such grants-in-aid.
4 (d) In-service training.--The board shall provide in-service
5 training for personnel of county probation offices when
6 requested to do so by the court having jurisdiction of the
7 probation office.
8 § 6134. Sentencing court to transmit records to board.
9 (a) Duty to transmit.--A court sentencing any person for a
10 term as to which power to parole is given to the board in this
11 chapter shall transmit to the board, within 30 days after the
12 imposition of the sentence:
13 (1) A copy of the notes of testimony of the sentencing
14 hearing that may have been filed of record in the case.
15 (2) Copies of any criminal identification records
16 secured from the Federal Bureau of Investigation.
17 (3) Copies of presentence investigation reports and
18 behavior clinic reports, if any were submitted to the court,
19 the last two of which records, being confidential records of
20 the court, shall be treated confidentially by the members of
21 the board, who shall not permit examination of the records by
22 anyone other than its duly appointed agents or
23 representatives except upon court order.
24 (b) Recommendations from judge.--
25 (1) A judge may make at any time a recommendation to the
26 board respecting the person sentenced and the term of
27 imprisonment the judge believes that person should be
28 required to serve before a parole is granted to that person.
29 (2) A recommendation made by a judge under paragraph (1)
30 respecting the parole or terms of parole of a person shall be
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1 advisory only. No order in respect to the recommendation made
2 or attempted to be made as a part of a sentence shall be
3 binding upon the board in performing the duties and functions
4 conferred on it by this chapter.
5 § 6135. Investigation of circumstances of offense.
6 (a) Duty to investigate.--The board, on the commitment to a
7 correctional facility of any person whom the board is given the
8 power to parole under this chapter, shall consider:
9 (1) The nature and circumstances of the offense
10 committed.
11 (2) Any recommendations made by the trial judge and
12 prosecuting attorney.
13 (3) The general character and background of the inmate.
14 (4) Participation by an inmate sentenced after February
15 19, 1999, and who is serving a sentence for a crime of
16 violence as defined in 42 Pa.C.S. § 9714(g) (relating to
17 sentences for second and subsequent offenses) in a victim
18 impact education program offered by the Department of
19 Corrections.
20 (5) The written or personal statement of the testimony
21 of the victim or the victim's family submitted pursuant to
22 section 6140 (relating to victim statements, testimony and
23 participation in hearing).
24 (6) The notes of testimony of the sentencing hearing, if
25 any, together with such additional information regarding the
26 nature and circumstances of the offense committed for which
27 sentence was imposed as may be available.
28 (7) The conduct of the person while in prison and his
29 physical, mental and behavior condition and history, his
30 history of family violence and his complete criminal record.
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1 (b) Cooperation of public officials.--A public official who
2 possesses such records or information shall furnish the records
3 or information to the board upon its request and without charge
4 so far as may be practicable while the case is recent.
5 § 6136. Right of access to inmates.
6 All prison officials shall:
7 (1) At all reasonable times grant access to any inmate
8 whom the board has power to parole to the members of the
9 board or its properly accredited representatives.
10 (2) At all reasonable times provide for the board or its
11 properly accredited representative facilities for
12 communicating with and observing an inmate while imprisoned.
13 (3) Furnish to the board from time to time such reports
14 concerning the conduct of inmates in their custody as the
15 board shall by general rule or special order require,
16 together with any other facts deemed pertinent in aiding the
17 board to determine whether such inmates shall be paroled.
18 § 6137. Parole power.
19 (a) General criteria for parole.--
20 (1) The board may release on parole any inmate to whom
21 the power to parole is granted to the board by this chapter,
22 except an inmate condemned to death or serving life
23 imprisonment, whenever in its opinion:
24 (i) The best interests of the inmate justify or
25 require the inmate being paroled.
26 (ii) It does not appear that the interests of the
27 Commonwealth will be injured by the inmate being paroled.
28 (2) Parole shall be subject in every instance to the
29 Commonwealth's right to immediately retake and hold in
30 custody without further proceedings any parolee charged after
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1 his parole with an additional offense until a determination
2 can be made whether to continue his parole status.
3 (3) The power to parole granted under this section to
4 the board may not be exercised in the board's discretion at
5 any time before, but only after, the expiration of the
6 minimum term of imprisonment fixed by the court in its
7 sentence or by the Board of Pardons in a sentence which has
8 been reduced by commutation.
9 (4) In no case shall the board act upon an application
10 of an inmate:
11 (i) whose term of imprisonment was commuted from
12 life to life on parole;
13 (ii) who was serving a term of imprisonment for a
14 crime of violence; or
15 (iii) who is serving a sentence under 42 Pa.C.S. §
16 9712 (relating to sentences for offenses committed with
17 firearms) unless the inmate has served at least one year
18 in a prerelease center.
19 (5) Upon parole, a parolee subject to paragraph (3)
20 shall be subject to weekly supervision for the first six
21 months of parole.
22 (b) Preparole drug screening tests.--
23 (1) The board may not release a person on parole unless
24 the person achieves a negative result within 45 days prior to
25 the date of release in a screening test approved by the
26 Department of Health for the detection of the presence of
27 controlled substances or designer drugs under the act of
28 April 14, 1972 (P.L.233, No.64), known as The Controlled
29 Substance, Drug, Device and Cosmetic Act.
30 (2) The cost of these preparole drug screening tests for
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1 inmates subject to the parole release jurisdiction of the
2 board, whether confined in a correctional institution or
3 county prison, shall be paid by the board. The board shall
4 establish rules and regulations for the payment of these
5 costs and may limit the types and cost of these screening
6 tests that would be subject to payment by the board.
7 (3) (i) The board shall establish, as a condition of
8 continued parole for a parolee who, as an inmate, tested
9 positive for the presence of a controlled substance or a
10 designer drug or who was paroled from a sentence arising
11 from a conviction under The Controlled Substance, Drug,
12 Device and Cosmetic Act or from a drug-related crime, the
13 parolee's achievement of negative results in such
14 screening tests randomly applied.
15 (ii) The random screening tests shall be performed
16 at the discretion of the board, and the parolee
17 undergoing the tests shall be responsible for the costs
18 of the tests.
19 (iii) The funds collected for the tests shall be
20 applied against the contract for such testing between the
21 board and a testing laboratory approved by the Department
22 of Health.
23 (c) Crimes of violence.--The board may not release a person
24 who is sentenced after February 19, 1999, and is serving a
25 sentence for a crime of violence as defined in 42 Pa.C.S. §
26 9714(g) (relating to sentences for second and subsequent
27 offenses) on parole unless the person has received instruction
28 from the Department of Corrections on the impact of crime on
29 victims and the community.
30 (d) Power to recommit.--The board may, during the period for
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1 which an inmate shall have been sentenced, recommit the inmate,
2 if paroled, for violation of the terms and conditions of his
3 parole and from time to time to reparole and recommit in the
4 same manner and with the same procedure as in the case of an
5 original parole or recommitment if, in the judgment of the
6 board:
7 (1) There is a reasonable probability that the inmate
8 will be benefited by paroling the inmate again.
9 (2) It does not appear that the interests of the
10 Commonwealth will be injured thereby.
11 (e) Notice to county probation department.--When the board
12 releases a parolee from a correctional facility, the board shall
13 provide written notice to the probation department located in
14 the county where the sentencing order was imposed of the release
15 and new address of the parolee.
16 § 6138. Violation of terms of parole.
17 (a) Convicted violators.--
18 (1) A parolee under the jurisdiction of the board
19 released from a correctional facility who, during the period
20 of parole or while delinquent on parole, commits a crime
21 punishable by imprisonment, for which the parolee is
22 convicted or found guilty by a judge or jury or to which the
23 parolee pleads guilty or nolo contendere at any time
24 thereafter in a court of record, may at the discretion of the
25 board be recommitted as a parole violator.
26 (2) If the parolee's recommitment is so ordered, the
27 parolee shall be reentered to serve the remainder of the term
28 which the parolee would have been compelled to serve had the
29 parole not been granted and shall be given no credit for the
30 time at liberty on parole.
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1 (3) The board may, in its discretion, reparole whenever,
2 in its opinion, the best interests of the inmate justify or
3 require the inmate's release on parole and it does not appear
4 that the interests of the Commonwealth will be injured
5 thereby.
6 (4) The period of time for which the parole violator is
7 required to serve shall be computed from and begin on the
8 date that the parole violator is taken into custody to be
9 returned to the institution as a parole violator.
10 (5) If a new sentence is imposed on the parolee, the
11 service of the balance of the term originally imposed shall
12 precede the commencement of the new term imposed in the
13 following cases:
14 (i) If a person is paroled from a State correctional
15 institution and the new sentence imposed on the person is
16 to be served in the State correctional institution.
17 (ii) If a person is paroled from a county prison and
18 the new sentence imposed upon him is to be served in the
19 same county prison.
20 (iii) In all other cases, the service of the new
21 term for the latter crime shall precede commencement of
22 the balance of the term originally imposed.
23 (6) Where the new term is to be served last or the
24 balance of the term originally imposed is to be served last,
25 and the service is, in either case, in any correctional
26 facility:
27 (i) Any person upon recommitment shall be sent to
28 that THE institution as shall be designated by the <--
29 Secretary of Corrections or his designee.
30 (ii) Any female person shall be recommitted to the
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1 State Correctional Institution at Muncy.
2 (b) Subsequent arrest.--
3 (1) The formal filing of a charge after parole against a
4 parolee within this Commonwealth for any violation of the
5 laws of this Commonwealth shall constitute an automatic
6 detainer and permit the parolee to be taken into and held in
7 custody.
8 (2) The automatic detainer shall dissolve 15 days after
9 the parolee is taken into custody unless sooner waived or
10 otherwise superseded by direction of the supervising parole
11 office.
12 (3) The automatic detainer shall be in addition to and
13 not in lieu of any other detainer that prior to the effective
14 date of this chapter may have been lodged in such
15 circumstances.
16 (c) Technical violators.--
17 (1) A parolee under the jurisdiction of the board who is
18 released from a correctional facility and who, during the
19 period of parole, violates the terms and conditions of his
20 parole, other than by the commission of a new crime of which
21 the parolee is convicted or found guilty by a judge or jury
22 or to which the parolee pleads guilty or nolo contendere in a
23 court of record, may be recommitted after a hearing before
24 the board.
25 (2) If the parolee is so recommitted, the parolee shall
26 be given credit for the time served on parole in good
27 standing but with no credit for delinquent time and may be
28 reentered to serve the remainder of the original sentence or
29 sentences.
30 (3) The remainder shall be computed by the board from
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1 the time the parolee's delinquent conduct occurred for the
2 unexpired period of the maximum sentence imposed by the court
3 without credit for the period the parolee was delinquent on
4 parole. The parolee shall serve the remainder so computed
5 from the date the parolee is taken into custody on the
6 warrant of the board.
7 (4) The parolee shall be subject to reparole by the
8 board whenever in its opinion the best interests of the
9 inmate justify or require the parolee being reparoled and it
10 does not appear that the interests of the Commonwealth will
11 be injured reparoling the parolee.
12 (d) Recommitment.--A technical violator under subsection (c)
13 shall be recommitted to a correctional facility for service of
14 the balance of the term originally imposed as follows:
15 (1) If paroled from a county prison, to the same
16 institution or to any other institution to which legally
17 transferred.
18 (2) If paroled from the State Correctional Institution
19 at Camp Hill and on recommitment the person has not attained
20 21 years of age, to the same institution.
21 (3) If paroled from the State Correctional Institution
22 at Muncy, to the same institution.
23 (4) If paroled from any other State correctional
24 institution, to the nearest correctional diagnostic and
25 classification center wherein the person shall be classified
26 for service of the balance of the term in the institution as
27 shall be designated by the Secretary of Corrections or his
28 designee.
29 § 6139. Parole procedure.
30 (a) Specific requirements.--
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1 (1) The board may, subject to the provisions and
2 limitations set forth in section 6138 (relating to violation
3 of terms of parole), grant paroles of its own motion whenever
4 in its judgment the interests of justice require the granting
5 of these paroles.
6 (2) The board shall consider applications for parole by
7 an inmate or the inmate's attorney.
8 (3) Notwithstanding the provisions of paragraph (2), the
9 board shall not be required to consider nor dispose of an
10 application by an inmate or an inmate's attorney where a
11 parole decision has been issued by the board on that case
12 within one year of the date of the current application for
13 parole.
14 (4) Hearings of applications shall be held by the board
15 whenever in its judgment hearings are necessary. Reasonable
16 rules and regulations shall be adopted by the board for the
17 presentation and hearing of applications for parole.
18 (5) Whenever an inmate is paroled by the board, whether
19 of its own motion or after hearing of an application for
20 parole, or whenever an application for parole is refused by
21 the board, a brief statement of the reasons for the board's
22 action shall be filed of record in the offices of the board
23 and shall be at all reasonable times open to public
24 inspection.
25 (6) In no case shall a parole be granted, or an
26 application for parole be dismissed, unless a board member,
27 hearing examiner or other person so designated by the board
28 shall have seen and heard the parolee in person in regard
29 thereto within six months prior to the granting or dismissal
30 thereof.
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1 (7) The board shall dispose of the application within
2 six months of its filing.
3 (b) Reliance on reports.--In granting and revoking paroles,
4 and in discharging from parole, the members of the board acting
5 thereon shall not be required to personally hear or see all the
6 witnesses and evidence submitted to them for their action, but
7 they may act on the report submitted to them by their agents and
8 employees, together with any pertinent and adequate information
9 furnished to them by fellow members of the board or by others.
10 (c) Notice to district attorney.--At least ten days before
11 paroling an inmate on its own motion, the board shall give
12 written notice of the contemplated parole to the district
13 attorney of the county in which the inmate was sentenced, and,
14 in cases of hearings on applications for parole as provided for
15 in this section, at least ten days' written notice of the time
16 and place fixed for such hearing shall be given either by the
17 board or by the applicant, as the board shall direct, to the
18 court and district attorney of the county in which the applicant
19 was sentenced.
20 § 6140. Victim statements, testimony and participation in
21 hearing.
22 (a) Duty of district attorney to provide notice.--
23 (1) The victim of the offense for which an inmate is
24 sentenced shall be notified by the district attorney
25 immediately following sentencing, in cases where the
26 defendant has been sentenced to a term of imprisonment, that
27 the victim or family member shall have the opportunity to
28 present a statement for the parole report to be considered at
29 the parole hearing or to testify to the parole board
30 expressing his opinion concerning the release of the inmate.
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1 (2) The district attorney shall provide notice to a
2 member of the immediate family of the victim if the victim:
3 (i) is a juvenile;
4 (ii) is incapable of testifying; or
5 (iii) died as a result of the defendant's conduct.
6 (b) Notice of intent to submit statement.--In order to
7 submit a statement under subsection (a), a victim or family
8 member must notify the board of his intention to do so and
9 provide and keep current an appropriate mailing address with the
10 board.
11 (c) Contents of parole report.--The parole report may
12 include a statement concerning:
13 (1) The continuing nature and extent of any physical
14 harm or psychological or emotional harm or trauma suffered by
15 the victim.
16 (2) The extent of any loss of earnings or ability to
17 work suffered by the victim.
18 (3) The continuing effect of the crime upon the victim's
19 family.
20 (d) Notice to persons who previously contacted the board.--
21 (1) At the time public notice is given that an inmate is
22 being considered for parole pursuant to this section, the
23 board shall also notify any victim or nearest relative who
24 has previously contacted the board of the availability to
25 provide a statement for inclusion in the parole report or to
26 present testimony for inclusion at the parole hearing.
27 (2) The board shall notify the person identified under
28 paragraph (1) at the person's last known mailing address. The
29 notification required by this section shall be given by the
30 board in the case of a parole to be granted pursuant to
20050S0506B1883 - 153 -
1 section 6139 (relating to parole procedure) or by the court
2 in the case of a parole to be granted pursuant to section
3 6133 (relating to probation services).
4 (e) Notice of intent to present testimony.--The victim or
5 family member shall notify the board within 30 days from the
6 date of the notice of his intent to present testimony at the
7 parole hearing. This time period may be waived by the board for
8 good cause.
9 (f) Referral to hearing officer.--If the victim or family
10 member submits a written statement to the board subsequent to
11 notice, the statement shall be made a part of the board's file
12 on the inmate, and the inmate's case shall be referred to a
13 hearing officer designated to conduct parole release hearings.
14 (g) Assignment to hearing examiner.--If the victim or family
15 member informs the board subsequent to notice being provided
16 that the person intends to testify, the chairperson shall assign
17 the inmate's case to a hearing examiner for the purpose of
18 receiving the person's testimony.
19 (h) Hearing procedure.--
20 (1) The assigned hearing examiner shall conduct a
21 hearing within 30 days from the date the board received
22 notification of the intent to offer testimony.
23 (2) The hearing shall be conducted at a time and place
24 and on a date determined by the chairperson or designee.
25 Notice of the time, place and date of the hearing shall be
26 provided to the victim or family member, in writing, and
27 shall be mailed at least ten days prior to the hearing date.
28 (3) The hearing shall be recorded by an electronic
29 recording device.
30 (4) The hearing examiner shall prepare a written report
20050S0506B1883 - 154 -
1 within a reasonable amount of time prior to the hearing date.
2 A copy of the report shall be forwarded to the person
3 offering testimony. A copy of the report shall be made a part
4 of the board's file on the inmate.
5 (5) Upon completion of the written report, the inmate's
6 case shall be referred to a hearing examiner designated to
7 conduct parole release hearings.
8 (6) (i) The hearing scheduled pursuant to this section
9 shall be conducted, when possible, prior to a parole
10 release hearing and prior to the board rendering a
11 decision.
12 (ii) Nothing in this section shall be construed to
13 preclude the board from conducting a timely parole
14 release hearing.
15 (7) After submission of the report, the board shall
16 within a reasonable amount of time:
17 (i) Evaluate the information provided.
18 (ii) Determine whether the decision shall be
19 affirmed or modified.
20 (iii) Determine whether a rescission hearing shall
21 be conducted.
22 (iv) Notify the inmate in writing of its decision.
23 (8) Any and all statements or testimony of the victim or
24 family member submitted to the board pertaining to:
25 (i) the continuing nature and extent of any physical
26 harm or psychological or emotional harm or trauma
27 suffered by the victim;
28 (ii) the extent of any loss of earnings or ability
29 to work suffered by the victim; and
30 (iii) the continuing effect of the crime upon the
20050S0506B1883 - 155 -
1 victim's family shall not be deemed confidential and
2 shall be released to the inmate unless the withholding of
3 the statements or testimony is requested by the victim
4 and the hearing officer determines that the release of
5 the statements or testimony would endanger the safety of
6 the person providing the statements or testifying. The
7 board on its own motion may for good cause identify all
8 or part of the statements or testimony as confidential.
9 (9) All records maintained by the board pertaining to
10 victims shall be kept separate and current address
11 information of the victim or family members shall be deemed
12 confidential.
13 (10) A victim or the family member who has submitted a
14 written statement for the parole report or testified at a
15 hearing pursuant to this section shall be notified by the
16 board of the final decision rendered in the inmate's case.
17 (11) If the final decision is to not release the inmate
18 and if, subsequent to that decision, additional parole
19 release hearings are conducted for that same inmate, then the
20 victim or family member who has submitted a written statement
21 for the parole report or who has testified at a hearing
22 pursuant to this section shall be notified by the board at
23 the last known address if and when additional parole hearings
24 are scheduled by the board.
25 § 6141. General rules and special regulations.
26 The board may make general rules for the conduct and
27 supervision of persons placed on parole and may, in particular
28 cases, as it deems necessary to effectuate the purpose of
29 parole, prescribe special regulations for particular persons.
30 SUBCHAPTER D
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1 STATE PAROLE AGENTS
2 Sec.
3 6151. Definitions.
4 6152. Status as peace officers.
5 6153. Supervisory relationship to offenders.
6 § 6151. Definitions.
7 The following words and phrases when used in this subchapter
8 shall have the meanings given to them in this section unless the
9 context clearly indicates otherwise:
10 "Agent." A State parole agent appointed by the board.
11 "Conditions of supervision." Any terms or conditions of the
12 offender's supervision, whether imposed by the court, the board
13 or an agent, including compliance with all requirements of
14 Federal, State and local law.
15 "Contraband." Any item that the offender is not permitted to
16 possess under the conditions of supervision, including any item
17 whose possession is forbidden by any Federal, State or local
18 law.
19 "Court." The court of common pleas or any judge thereof, the
20 Philadelphia Municipal Court or any judge thereof, the
21 Pittsburgh Magistrates Court or any judge thereof or any
22 magisterial district judge.
23 "Exigent circumstances." The term includes, but is not
24 limited to, suspicion that contraband or other evidence of
25 violations of the conditions of supervision might be destroyed
26 or suspicion that a weapon might be used. Exigent circumstances
27 always exist with respect to a vehicle.
28 "Offender." Any person subject to the parole or probationary
29 supervision of the board.
30 "Personal search." A warrantless search of an offender's
20050S0506B1883 - 157 -
1 person, including, but not limited to, the offender's clothing
2 and any personal property which is in the possession, within the
3 reach or under the control of the offender.
4 "Property search." A warrantless search of real property,
5 vehicle or personal property which is in the possession or under
6 the control of the offender.
7 "Real property." Any residence or business property of an
8 offender, including all portions of the property to which the
9 offender has access.
10 "Supervisor." Any individual acting in a supervisory or
11 administrative capacity.
12 § 6152. Status as peace officers.
13 An agent is declared to be a peace officer and is given
14 police power and authority throughout this Commonwealth to
15 arrest without warrant, writ, rule or process any parolee or
16 probationer under the supervision of the board for failing to
17 report as required by the terms of his probation or parole or
18 for any other violation of the probation or parole.
19 § 6153. Supervisory relationship to offenders.
20 (a) General rule.--Agents in a supervisory relationship with
21 their offenders. The purpose of this supervision is to assist
22 the offenders in their rehabilitation and reassimilation into
23 the community and to protect the public.
24 (b) Searches and seizures authorized.--
25 (1) Agents may search the person and property of
26 offenders in accordance with the provisions of this section.
27 (2) Nothing in this section shall be construed to permit
28 searches or seizures in violation of the Constitution of the
29 United States or section 8 of Article I of the Constitution
30 of Pennsylvania.
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1 (c) Effect of violation.--No violation of this section shall
2 constitute an independent ground for suppression of evidence in
3 any probation or parole proceeding or criminal proceeding.
4 (d) Grounds for personal search of offender.--
5 (1) A personal search of an offender may be conducted by
6 an agent:
7 (i) if there is a reasonable suspicion to believe
8 that the offender possesses contraband or other evidence
9 of violations of the conditions of supervision;
10 (ii) when an offender is transported or taken into
11 custody; or
12 (iii) upon an offender entering or leaving the
13 securing enclosure of a correctional institution, jail or
14 detention facility.
15 (2) A property search may be conducted by an agent if
16 there is reasonable suspicion to believe that the real or
17 other property in the possession of or under the control of
18 the offender contains contraband or other evidence of
19 violations of the conditions of supervision.
20 (3) Prior approval of a supervisor shall be obtained for
21 a property search absent exigent circumstances. No prior
22 approval shall be required for a personal search.
23 (4) A written report of every property search conducted
24 without prior approval shall be prepared by the agent who
25 conducted the search and filed in the offender's case record.
26 The exigent circumstances shall be stated in the report.
27 (5) The offender may be detained if he is present during
28 a property search. If the offender is not present during a
29 property search, the agent in charge of the search shall make
30 a reasonable effort to provide the offender with notice of
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1 the search, including a list of the items seized, after the
2 search is completed.
3 (6) The existence of reasonable suspicion to search
4 shall be determined in accordance with constitutional search
5 and seizure provisions as applied by judicial decision. In
6 accordance with such case law, the following factors, where
7 applicable, may be taken into account:
8 (i) The observations of agents.
9 (ii) Information provided by others.
10 (iii) The activities of the offender.
11 (iv) Information provided by the offender.
12 (v) The experience of agents with the offender.
13 (vi) The experience of agents in similar
14 circumstances.
15 (vii) The prior criminal and supervisory history of
16 the offender.
17 (viii) The need to verify compliance with the
18 conditions of supervision.
19 (e) Nonresident offenders.--No agent shall conduct a
20 personal or property search of an offender who is residing in a
21 foreign state except for the limited purposes permitted under
22 the Interstate Compact for the Supervision of Offenders and
23 Probationers. The offender is held accountable to the rules of
24 both the sending state and the receiving state. Any personal or
25 property search of an offender residing in another state shall
26 be conducted by an agent of the receiving state.
27 (f) When authority is effective.--The authority granted to
28 agents under this section shall be effective upon enactment of
29 this section, without the necessity of any further regulation by
30 the board.
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1 CHAPTER 63
2 COUNTY PROBATION OFFICERS'
3 FIREARM EDUCATION AND TRAINING
4 Sec.
5 6301. Short title of chapter.
6 6302. Definitions.
7 6303. County Probation Officers' Firearm Education and
8 Training Commission.
9 6304. Commission membership.
10 6305. Powers and duties of commission.
11 6306. Training mandatory.
12 6307. Requirements for program participation or waiver.
13 6308. County Probation Officers' Firearm Education
14 and Training Fund.
15 6309. Applicability.
16 § 6301. Short title of chapter.
17 This chapter shall be known and may be cited as the County
18 Probation Officers' Firearm Education and Training Law.
19 § 6302. Definitions.
20 The following words and phrases when used in this chapter
21 shall have the meanings given to them in this section unless the
22 context clearly indicates otherwise:
23 "Board." The Pennsylvania Board of Probation and Parole.
24 "Certification." The assignment of a certification number to
25 a probation or parole officer after successful completion of a
26 mandatory basic training course or receipt of a waiver of basic
27 training from the County Probation Officers' Firearm Education
28 and Training Commission and successful completion of mandatory
29 training.
30 "Commission." The County Probation Officers' Firearm
20050S0506B1883 - 161 -
1 Education and Training Commission.
2 "Fund." The County Probation Officers' Firearm Education and
3 Training Fund established under section 6308 (relating to County
4 Probation Officers' Firearm Education and Training Fund).
5 "Officer." A county probation or parole officer of this
6 Commonwealth.
7 "Program." The County Probation Officers' Firearm Education
8 and Training Program established in this chapter.
9 "School." A school currently approved by the Municipal
10 Police Officers' Education and Training Commission under 53
11 Pa.C.S. Ch. 21 Subch. D (relating to municipal police education
12 and training).
13 "Weapon-carrying officer." A county probation or parole
14 officer who is authorized to carry a weapon in connection with
15 performance of the duties of the officer's employment.
16 § 6303. County Probation Officers' Firearm Education and
17 Training Commission.
18 The County Probation Officers' Firearm Education and Training
19 Commission is established under the Pennsylvania Board of
20 Probation and Parole. The commission shall establish within six
21 months following the appointment of commission members a County
22 Probation Officers' Firearm Education and Training Program to
23 provide firearm education and training in accordance with the
24 provisions of this chapter.
25 § 6304. Commission membership.
26 (a) Composition.--The commission shall be composed of the
27 chairman of the board and eight other members to be appointed by
28 the Governor:
29 (1) Three county adult probation officers who are full
30 members of the County Chief Adult Probation and Parole
20050S0506B1883 - 162 -
1 Officers' Association of Pennsylvania, one of whom is a chief
2 adult probation officer from a county authorized to carry
3 firearms and two of whom are firearms instructors certified
4 as such by the National Rifle Association, the Pennsylvania
5 State Police or the Federal Bureau of Investigation.
6 (2) One member of the Pennsylvania Council of Chief
7 Juvenile Probation Officers.
8 (3) One representative of the Juvenile Court Judges'
9 Commission.
10 (4) One judge of a court of common pleas of a county
11 that employs officers who carry firearms.
12 (5) One director qualified under 53 Pa.C.S. Ch. 21
13 Subch. D (relating to municipal police education and
14 training).
15 (6) One county commissioner from a county which employs
16 officers who carry firearms.
17 (b) Terms.--Terms of the members initially appointed shall
18 be three members for one year, three members for two years and
19 three members for three years, as designated by the Governor at
20 the time of appointment. Thereafter, terms shall be for three
21 years. Each member shall hold office until the expiration of the
22 term for which the member was selected or until the member's
23 earlier death, resignation or removal or until the member's
24 successor has been selected and qualified but in no event more
25 than six months beyond the expiration of the member's appointed
26 term.
27 (c) Vacancies.--A person appointed to fill a vacancy created
28 by other than expiration of a term shall be appointed for the
29 unexpired term of the member who that person is to succeed in
30 the same manner as the original appointment.
20050S0506B1883 - 163 -
1 (d) Compensation.--The members of the commission shall serve
2 without compensation but shall be reimbursed the necessary and
3 actual expenses incurred in attending the meetings of the
4 commission and in the performance of their duties under this
5 chapter.
6 (e) Organization.--The commission shall elect from among its
7 members a chairperson and other officers who shall hold office
8 at the pleasure of the commission. The commission shall act only
9 with the concurrence of the majority.
10 (f) Meetings and quorum.--The commission shall meet at least
11 four times each year until the program is implemented.
12 Thereafter, the commission shall meet as may be necessary, but
13 at least once annually. Special meetings may be called by the
14 chairperson of the commission or upon written request of three
15 members. A quorum shall consist of four members of the
16 commission.
17 § 6305. Powers and duties of commission.
18 The powers and duties of the commission shall be as follows:
19 (1) To develop, establish and administer the minimum
20 courses of study and training and competency standards for
21 firearm training for county probation officers, including an
22 initial curriculum of at least 40 hours and including the
23 firing of a qualification course.
24 (2) To revoke an officer's certification for failing to
25 comply with educational and training requirements established
26 by the commission.
27 (3) To approve or revoke the approval for the purposes
28 of this chapter of any school that may be utilized to comply
29 with the educational and training requirements as established
30 by the commission.
20050S0506B1883 - 164 -
1 (4) To establish the minimum qualifications for
2 instructors, to approve or revoke the approval of any
3 instructor and to develop the requirements for continued
4 certification.
5 (5) To promote the most efficient and economical program
6 for training by utilizing existing facilities, programs and
7 qualified Federal, State and local police personnel.
8 (6) To make an annual report to the Governor and to the
9 General Assembly concerning:
10 (i) The administration of the program.
11 (ii) The activities of the commission, together with
12 any recommendations for executive or legislative actions.
13 (7) To require in accordance with this chapter county
14 probation officers to attend a minimum number of hours in in-
15 service training as provided for by regulation, unless the
16 officer's employer files a show-cause document with the
17 commission, requesting additional time for the officer to
18 comply with the in-service training requirements. Approval of
19 the request shall be made by the commission on a case-by-case
20 basis.
21 (8) To appoint an administrative officer who shall serve
22 and be directly responsible to the commission.
23 (9) To consult and cooperate with universities,
24 colleges, community colleges and institutes for the
25 development of specialized courses for county probation and
26 parole officers.
27 (10) To consult and cooperate with departments and
28 agencies of this Commonwealth and other states and the
29 Federal Government concerned with county probation officer
30 training.
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1 (11) To certify officers who have satisfactorily
2 completed basic educational and training requirements as
3 established by the commission and to issue appropriate
4 certificates to these officers.
5 (12) To visit and inspect approved schools at least once
6 every two years. This inspection requirement does not apply
7 where training is conducted locally at a satellite center
8 consisting of a classroom and shooting range.
9 (13) To make rules and regulations and to perform other
10 duties as may be reasonably necessary or appropriate to
11 implement the training program for county probation officers.
12 (14) To consider granting waivers of mandatory basic
13 training to county probation officers who have successfully
14 completed previous equivalent training.
15 (15) To maintain certifications and other records as
16 necessary.
17 (16) To issue reports to the president judges of the
18 courts of common pleas relating to compliance with this
19 chapter.
20 § 6306. Training mandatory.
21 Within two years of the establishment of the County Probation
22 Officers' Firearm Education and Training Program and in
23 accordance with the provisions of this chapter, a county shall
24 provide for the training of any officer in its county probation
25 and parole department who carries a firearm. Following this two-
26 year period, a county shall provide that training and
27 certification requirements of this chapter are met prior to a
28 county probation officer being authorized to carry a firearm.
29 § 6307. Requirements for program participation or waiver.
30 In order to participate in the training program or be granted
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1 a waiver of training requirements, at a minimum the officer
2 must:
3 (1) Be employed as a full-time county probation officer.
4 (2) Be a United States citizen.
5 (3) Not have been convicted of an offense graded a
6 misdemeanor of the first degree or greater or punishable by a
7 term of imprisonment of more than two years, unless in
8 possession of a waiver from the Bureau of Alcohol, Tobacco
9 and Firearms of the Department of the Treasury.
10 (4) Have had the officer's fingerprints submitted by the
11 officer's employer to the Pennsylvania State Police for the
12 purposes of a background investigation. The officer shall
13 have results of the investigation which indicate that the
14 requirements of paragraph (3) are met.
15 § 6308. County Probation Officers' Firearm Education and
16 Training Fund.
17 (a) Fund established.--The County Probation Officers'
18 Firearm Education and Training Fund is established as a
19 restricted receipts account within the General Fund. Moneys from
20 the fund shall be used exclusively for the purposes described
21 under this section.
22 (b) Costs imposed.--
23 (1) A person who accepts Accelerated Rehabilitative
24 Disposition or pleads guilty or nolo contendere or is
25 convicted of a felony or misdemeanor shall, in addition to
26 any other court costs imposed under the laws of this
27 Commonwealth, be sentenced to pay costs of $5. Costs
28 collected by the clerk of courts under this subsection shall
29 be paid into the fund.
30 (2) Moneys in the fund shall be used to offset or pay
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1 for:
2 (i) Training expenses.
3 (ii) Commission expenses.
4 (3) Disbursement and allocation of fund moneys shall be
5 at the discretion of the commission.
6 (c) Other moneys to be used.--In addition to payment of
7 training expenses as prescribed under subsection (b), training
8 expenses may also be paid out of the county offender supervision
9 fund under section 1102 of the act of November 24, 1998
10 (P.L.882, No.111), known as the Crime Victims Act, or any other
11 county fund.
12 (d) Juvenile probation officer participation.--In the event
13 that sufficient funds are not generated under the provisions of
14 subsection (b) to fully fund the costs of providing training to
15 juvenile probation officers, a training fee representing the
16 prorated share of the additional actual cost thereof shall be
17 payable by a participating juvenile probation officer's county
18 of employment.
19 § 6309. Applicability.
20 This chapter shall apply to county juvenile probation, adult
21 probation officers only, and only such officers shall be
22 eligible for training under this chapter.
23 PART V
24 MISCELLANEOUS PROVISIONS
25 Chapter
26 71. Interstate Compacts
27 CHAPTER 71
28 INTERSTATE COMPACTS
29 Subchapter
30 A. Interstate Corrections Compact
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1 B. Interstate Compact for the Supervision of Adult Offenders
2 C. Administrative Provisions
3 SUBCHAPTER A
4 INTERSTATE CORRECTIONS COMPACT
5 Sec.
6 7101. Short title of subchapter.
7 7102. Interstate Corrections Compact.
8 7103. Powers.
9 § 7101. Short title of subchapter.
10 This subchapter may be cited as the Interstate Corrections
11 Compact Act.
12 § 7102. Interstate Corrections Compact.
13 The Interstate Corrections Compact is hereby enacted into law
14 and entered into by this State with any other states legally
15 joining therein in the form substantially as follows:
16 INTERSTATE CORRECTIONS COMPACT
17 ARTICLE I
18 Purpose and Policy
19 The party states, desiring by common action to fully utilize
20 and improve their institutional facilities and provide adequate
21 programs for the confinement, treatment and rehabilitation of
22 various types of offenders, declare that it is the policy of
23 each of the party states to provide such facilities and programs
24 on a basis of cooperation with one another, thereby serving the
25 best interests of such offenders and of society and effecting
26 economies in capital expenditures and operational costs. The
27 purpose of this compact is to provide for the mutual development
28 and execution of such programs of cooperation for the
29 confinement, treatment and rehabilitation of offenders with the
30 most economical use of human and material resources.
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1 ARTICLE II
2 Definitions
3 As used in this compact, unless the context clearly requires
4 otherwise:
5 (a) "State" means a state of the United States; the United
6 States of America; a territory or possession of the United
7 States; the District of Columbia; the Commonwealth of Puerto
8 Rico.
9 (b) "Sending state" means a state party to this compact in
10 which conviction or court commitment was had.
11 (c) "Receiving state" means a state party to this compact to
12 which an inmate is sent for confinement other than a state in
13 which conviction or court commitment was had.
14 (d) "Inmate" means a male or female offender who is
15 committed, under sentence to or confined in a penal or
16 correctional institution.
17 (e) "Institution" means any penal or correctional facility,
18 including but not limited to a facility for the mentally ill or
19 mentally defective, in which inmates as defined in (d) above may
20 lawfully be confined.
21 ARTICLE III
22 Contracts
23 (a) Each party state may make one or more contracts with any
24 one or more of the other party states for the confinement of
25 inmates on behalf of a sending state in institutions situated
26 within receiving states. Any such contract shall provide for:
27 1. Its duration.
28 2. Payments to be made to the receiving state by the sending
29 state for inmate maintenance, extraordinary medical and dental
30 expenses, and any participation in or receipt by inmates of
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1 rehabilitative or correctional services, facilities, programs or
2 treatment not reasonably included as part of normal maintenance.
3 3. Participation in programs of inmate employment, if any,
4 the disposition or crediting of any payments received by inmates
5 on account thereof; and the crediting of proceeds from or
6 disposal of any products resulting therefrom.
7 4. Delivery and retaking of inmates.
8 5. Such other matters as may be necessary and appropriate to
9 fix the obligations, responsibilities and rights of the sending
10 and receiving states.
11 (b) The terms and provisions of this compact shall be a part
12 of any contract entered into by the authority of or pursuant
13 thereto, and nothing in any such contract shall be inconsistent
14 therewith.
15 ARTICLE IV
16 Procedures and Rights
17 (a) Whenever the duly constituted authorities in a state
18 party to this compact, and which has entered into a contract
19 pursuant to Article III, shall decide that confinement in, or
20 transfer of an inmate to, an institution within the territory of
21 another party state is necessary or desirable in order to
22 provide adequate quarters and care or an appropriate program of
23 rehabilitation or treatment, said officials may direct that the
24 confinement be within an institution within the territory of
25 said other party state, the receiving state to act in that
26 regard solely as agent for the sending state.
27 (b) The appropriate officials of any state party to this
28 compact shall have access, at all reasonable times, to any
29 institution in which it has a contractual right to confine
30 inmates for the purpose of inspecting the facilities thereof and
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1 visiting such of its inmates as may be confined in the
2 institution.
3 (c) Inmates confined in an institution pursuant to the terms
4 of this compact shall at all times be subject to the
5 jurisdiction of the sending state and may at any time be removed
6 therefrom for transfer to a prison or other institution within
7 the sending state, for transfer to another institution in which
8 the sending state may have a contractual or other right to
9 confine inmates, for release on probation or parole, for
10 discharge, or for any other purpose permitted by the laws of the
11 sending state; provided that the sending state shall continue to
12 be obligated to such payments as may be required pursuant to the
13 terms of any contract entered into under the terms of Article
14 III.
15 (d) Each receiving state shall provide regular reports to
16 each sending state on the inmates of that sending state in
17 institutions pursuant to this compact including a conduct record
18 of each inmate and certify said record to the official
19 designated by the sending state, in order that each inmate may
20 have official review of his or her record in determining and
21 altering the disposition of said inmate in accordance with the
22 law which may obtain in the sending state and in order that the
23 same may be a source of information for the sending state.
24 (e) All inmates who may be confined in an institution
25 pursuant to the provisions of this compact shall be treated in a
26 reasonable and humane manner and shall be treated equally with
27 such similar inmates of the receiving state as may be confined
28 in the same institution. The fact of confinement in a receiving
29 state shall not deprive any inmate so confined of any legal
30 rights which said inmate would have had if confined in an
20050S0506B1883 - 172 -
1 appropriate institution of the sending state.
2 (f) Any hearing or hearings to which an inmate confined
3 pursuant to this compact may be entitled by the laws of the
4 sending state may be had before the appropriate authorities of
5 the sending state, or of the receiving state if authorized by
6 the sending state. The receiving state shall provide adequate
7 facilities for such hearings as may be conducted by the
8 appropriate officials of a sending state. In the event such
9 hearing or hearings are had before officials of the receiving
10 state, the governing law shall be that of the sending state and
11 a record of the hearing or hearings as prescribed by the sending
12 state shall be made. Said record together with any
13 recommendations of the hearing officials shall be transmitted
14 forthwith to the official or officials before whom the hearing
15 would have been had if it had taken place in the sending state.
16 In any and all proceedings had pursuant to the provisions of
17 this subdivision, the officials of the receiving state shall act
18 solely as agents of the sending state and no final determination
19 shall be made in any matter except by the appropriate officials
20 of the sending state.
21 (g) Any inmate confined pursuant to this compact shall be
22 released within the territory of the sending state unless the
23 inmate, and the sending and receiving states, shall agree upon
24 release in some other place. The sending state shall bear the
25 cost of such return to its territory.
26 (h) Any inmate confined pursuant to the terms of this
27 compact shall have any and all rights to participate in and
28 derive any benefits or incur or be relieved of any obligations
29 or have such obligations modified or his status changed on
30 account of any action or proceeding in which he could have
20050S0506B1883 - 173 -
1 participated if confined in any appropriate institution of the
2 sending state located within such state.
3 (i) The parent, guardian, trustee, or other person or
4 persons entitled under the laws of the sending state to act for,
5 advise, or otherwise function with respect to any inmate shall
6 not be deprived of or restricted in his exercise of any power in
7 respect of any inmate confined pursuant to the terms of this
8 compact.
9 ARTICLE V
10 Acts Not Reviewable in Receiving State: Extradition
11 (a) Any decision of the sending state in respect of any
12 matter over which it retains jurisdiction pursuant to this
13 compact shall be conclusive upon and not reviewable within the
14 receiving state, but if at the time the sending state seeks to
15 remove an inmate from an institution in the receiving state
16 there is pending against the inmate within such state any
17 criminal charge or if the inmate is formally accused of having
18 committed within such state a criminal offense, the inmate shall
19 not be returned without the consent of the receiving state until
20 discharged from prosecution or other form of proceeding,
21 imprisonment or detention for such offense. The duly accredited
22 officers of the sending state shall be permitted to transport
23 inmates pursuant to this compact through any and all states
24 party to this compact without interference.
25 (b) An inmate who escapes from an institution in which he is
26 confined pursuant to this compact shall be deemed a fugitive
27 from the sending state and from the state in which the
28 institution is situated. In the case of an escape to a
29 jurisdiction other than the sending or receiving state, the
30 responsibility for institution of extradition or rendition
20050S0506B1883 - 174 -
1 proceedings shall be that of the sending state, but nothing
2 contained herein shall be construed to prevent or affect the
3 activities of officers and agencies of any jurisdiction directed
4 toward the apprehension and return of an escapee.
5 ARTICLE VI
6 Federal Aid
7 Any state party to this compact may accept Federal aid for
8 use in connection with any institution or program, the use of
9 which is or may be affected by this compact or any contract
10 pursuant hereto and any inmate in a receiving state pursuant to
11 this compact may participate in any such Federally aided program
12 or activity for which the sending and receiving states have made
13 contractual provisions, provided that if such program or
14 activity is not part of the customary correctional regimen, the
15 express consent of the appropriate official of the sending state
16 shall be required therefor.
17 ARTICLE VII
18 Entry into Force
19 This compact shall enter into force and become effective and
20 binding upon the states so acting when it has been enacted into
21 law by any two states. Thereafter, this compact shall enter into
22 force and become effective and binding as to any other of said
23 states upon similar action by such state.
24 ARTICLE VIII
25 Withdrawal and Termination
26 This compact shall continue in force and remain binding upon
27 a party state until it shall have enacted a statute repealing
28 the same and providing for the sending of formal written notice
29 of withdrawal from the compact to the appropriate officials of
30 all other party states. An actual withdrawal shall not take
20050S0506B1883 - 175 -
1 effect until one year after the notices provided in said statute
2 have been sent. Such withdrawal shall not relieve the
3 withdrawing state from its obligations assumed hereunder prior
4 to the effective date of withdrawal. Before the effective date
5 of withdrawal, a withdrawing state shall remove to its
6 territory, at its own expense, such inmates as it may have
7 confined pursuant to the provisions of this compact.
8 ARTICLE IX
9 Other Arrangements Unaffected
10 Nothing contained in this compact shall be construed to
11 abrogate or impair any agreement or other arrangement which a
12 party state may have with a non-party state for the confinement,
13 rehabilitation or treatment of inmates nor to repeal any other
14 laws of a party state authorizing the making of cooperative
15 institutional arrangements.
16 ARTICLE X
17 Construction and Severability
18 The provisions of this compact shall be liberally construed
19 and shall be severable. If any phrase, clause, sentence or
20 provision of this compact is declared to be contrary to the
21 Constitution of any participating state or of the United States
22 or the applicability thereof to any government, agency, person
23 or circumstance is held invalid, the validity of the remainder
24 of this compact and the applicability thereof to any government,
25 agency, person or circumstance shall not be affected thereby. If
26 this compact shall be held contrary to the Constitution of any
27 state participating therein, the compact shall remain in full
28 force and effect as to the remaining states and in full force
29 and effect as to the state affected as to all severable matters.
30 § 7103. Powers.
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1 The Attorney General or his designee is hereby authorized and
2 directed to do all things necessary or incidental to the
3 carrying out of the compact in every particular except that no
4 contract for the confinement of inmates in the institutions of
5 this State shall be entered into unless the Attorney General or
6 the Secretary of Corrections has first determined that the
7 inmates are acceptable, notwithstanding the provisions of
8 Article IX-B of the act of April 9, 1929 (P.L.177, No.175),
9 known as the Administrative Code of 1929. The Attorney General
10 or his designee shall not enter into a contract pursuant to
11 Article III of the compact relating to inmates who are mentally
12 ill or mentally retarded without consultation with the Secretary
13 of Public Welfare.
14 SUBCHAPTER B
15 INTERSTATE COMPACT FOR THE SUPERVISION OF ADULT OFFENDERS
16 Sec.
17 7111. Short title of subchapter.
18 7112. Authority to execute compact.
19 7113. When and how compact becomes operative.
20 7114. State council and compact administrator.
21 § 7111. Short title of subchapter.
22 This subchapter shall be known and may be cited as the
23 Interstate Compact for the Supervision of Adult Offenders Act.
24 § 7112. Authority to execute compact.
25 The Governor of Pennsylvania, on behalf of this State, is
26 hereby authorized to execute a compact in substantially the
27 following form with any one or more of the states of the United
28 States, and the General Assembly hereby signifies in advance its
29 approval and ratification of such compact:
30 ARTICLE I
20050S0506B1883 - 177 -
1 PURPOSE
2 The compacting states to this Interstate Compact recognize
3 that each state is responsible for the supervision of adult
4 offenders in the community who are authorized pursuant to the
5 Bylaws and Rules of this compact to travel across state lines
6 both to and from each compacting state in such a manner as to
7 track the location of offenders, transfer supervision authority
8 in an orderly and efficient manner, and when necessary return
9 offenders to the originating jurisdictions. The compacting
10 states also recognize that Congress, by enacting the Crime
11 Control Act, 4 U.S.C. § 112 (relating to compacts between States
12 for cooperation in prevention of crime; consent of Congress),
13 has authorized and encouraged compacts for cooperative efforts
14 and mutual assistance in the prevention of crime. It is the
15 purpose of this compact and the Interstate Commission created
16 hereunder, through means of joint and cooperative action among
17 the compacting states: to provide the framework for the
18 promotion of public safety and protect the rights of victims
19 through the control and regulation of the interstate movement of
20 offenders in the community; to provide for the effective
21 tracking, supervision, and rehabilitation of these offenders by
22 the sending and receiving states; and to equitably distribute
23 the costs, benefits and obligations of the compact among the
24 compacting states. In addition, this compact will: create an
25 Interstate Commission which will establish uniform procedures to
26 manage the movement between states of adults placed under
27 community supervision and released to the community under the
28 jurisdiction of courts, paroling authorities, corrections or
29 other criminal justice agencies which will promulgate rules to
30 achieve the purpose of this compact; ensure an opportunity for
20050S0506B1883 - 178 -
1 input and timely notice to victims and to jurisdictions where
2 defined offenders are authorized to travel or to relocate across
3 state lines; establish a system of uniform data collection,
4 access to information on active cases by authorized criminal
5 justice officials, and regular reporting of Compact activities
6 to heads of state councils, state executive, judicial, and
7 legislative branches and criminal justice administrators;
8 monitor compliance with rules governing interstate movement of
9 offenders and initiate interventions to address and correct non-
10 compliance; and coordinate training and education regarding
11 regulations of interstate movement of offenders for officials
12 involved in such activity. The compacting states recognize that
13 there is no "right" of any offender to live in another state and
14 that duly accredited officers of a sending state may at all
15 times enter a receiving state and there apprehend and retake any
16 offender under supervision subject to the provisions of this
17 compact and Bylaws and Rules promulgated hereunder. It is the
18 policy of the compacting states that the activities conducted by
19 the Interstate Commission created herein are the formation of
20 public policies and are therefore public business.
21 ARTICLE II
22 DEFINITIONS
23 As used in this compact, unless the context clearly requires
24 a different construction:
25 "Adult" means both individuals legally classified as adults
26 and juveniles treated as adults by court order, statute, or
27 operation of law.
28 "Bylaws" means those Bylaws established by the Interstate
29 Commission for its governance, or for directing or controlling
30 the Interstate Commission's actions or conduct.
20050S0506B1883 - 179 -
1 "Compact Administrator" means the individual in each
2 compacting state appointed pursuant to the terms of this compact
3 responsible for the administration and management of the state's
4 supervision and transfer of offenders subject to the terms of
5 this compact, the rules adopted by the Interstate Commission and
6 policies adopted by the State Council under this compact.
7 "Compacting state" means any state which has enacted the
8 enabling legislation for this compact.
9 "Commissioner" means the voting representative of each
10 compacting state appointed pursuant to Article III of this
11 compact.
12 "Interstate Commission" means the Interstate Commission for
13 Adult Offender Supervision established by this compact.
14 "Member" means the commissioner of a compacting state or
15 designee, who shall be a person officially connected with the
16 commissioner.
17 "Non-compacting state" means any state which has not enacted
18 the enabling legislation for this compact.
19 "Offender" means an adult placed under, or subject to,
20 supervision as the result of the commission of a criminal
21 offense and released to the community under the jurisdiction of
22 courts, paroling authorities, corrections, or other criminal
23 justice agencies.
24 "Person" means any individual, corporation, business
25 enterprise, or other legal entity, either public or private.
26 "Rules" means acts of the Interstate Commission, duly
27 promulgated pursuant to Article VIII of this compact,
28 substantially affecting interested parties in addition to the
29 Interstate Commission, which shall have the force and effect of
30 law in the compacting states.
20050S0506B1883 - 180 -
1 "State" means a state of the United States, the District of
2 Columbia and any other territorial possessions of the United
3 States.
4 "State Council" means the resident members of the State
5 Council for Interstate Adult Offender Supervision created by
6 each state under Article III of this compact.
7 ARTICLE III
8 THE COMPACT COMMISSION
9 The compacting states hereby create the "Interstate
10 Commission for Adult Offender Supervision." The Interstate
11 Commission shall be a body corporate and joint agency of the
12 compacting states. The Interstate Commission shall have all the
13 responsibilities, powers and duties set forth herein, including
14 the power to sue and be sued, and such additional powers as may
15 be conferred upon it by subsequent action of the respective
16 legislatures of the compacting states in accordance with the
17 terms of this compact. The Interstate Commission shall consist
18 of Commissioners selected and appointed by resident members of a
19 State Council for Interstate Adult Offender Supervision for each
20 state.
21 In addition to the Commissioners who are the voting
22 representatives of each state, the Interstate Commission shall
23 include individuals who are not commissioners but who are
24 members of interested organizations; such non-commissioner
25 members must include a member of the national organizations of
26 governors, legislators, state chief justices, attorneys general
27 and crime victims. All non-commissioner members of the
28 Interstate Commission shall be ex-officio (non-voting) members.
29 The Interstate Commission may provide in its Bylaws for such
30 additional, ex-officio, non-voting members as it deems
20050S0506B1883 - 181 -
1 necessary.
2 Each compacting state represented at any meeting of the
3 Interstate Commission is entitled to one vote. A majority of the
4 compacting states shall constitute a quorum for the transaction
5 of business, unless a larger quorum is required by the Bylaws of
6 the Interstate Commission.
7 The Interstate Commission shall meet at least once each
8 calendar year. The chairperson may call additional meetings and,
9 upon the request of 27 or more compacting states, shall call
10 additional meetings. Public notice shall be given of all
11 meetings and meetings shall be open to the public.
12 The Interstate Commission shall establish an Executive
13 Committee which shall include commission officers, members and
14 others as shall be determined by the Bylaws. The Executive
15 Committee shall have the power to act on behalf of the
16 Interstate Commission during periods when the Interstate
17 Commission is not in session, with the exception of rulemaking
18 and/or amendment to the Compact. The Executive Committee
19 oversees the day-to-day activities managed by the Executive
20 Director and Interstate Commission staff; administers
21 enforcement and compliance with the provisions of the compact,
22 its Bylaws and as directed by the Interstate Commission and
23 performs other duties as directed by Commission or set forth in
24 the Bylaws.
25 ARTICLE IV
26 THE STATE COUNCIL
27 Each member state shall create a State Council for Interstate
28 Adult Offender Supervision which shall be responsible for the
29 appointment of the commissioner who shall serve on the
30 Interstate Commission from that state. Each state council shall
20050S0506B1883 - 182 -
1 appoint as its commissioner the Compact Administrator from that
2 state to serve on the Interstate Commission in such capacity
3 under or pursuant to applicable law of the member state. While
4 each member state may determine the membership of its own state
5 council, its membership must include at least one representative
6 from the legislative, judicial, and executive branches of
7 government, victims groups and compact administrators. Each
8 compacting state retains the right to determine the
9 qualifications of the Compact Administrator who shall be
10 appointed by the Governor in consultation with the Legislature
11 and the Judiciary. In addition to appointment of its
12 commissioner to the National Interstate Commission, each state
13 council shall exercise oversight and advocacy concerning its
14 participation in Interstate Commission activities and other
15 duties as may be determined by each member state, including, but
16 not limited to, development of policy concerning operations and
17 procedures of the compact within that state.
18 ARTICLE V
19 POWERS AND DUTIES OF THE INTERSTATE COMMISSION
20 The Interstate Commission shall have the following powers:
21 To adopt a seal and suitable Bylaws governing the
22 management and operation of the Interstate Commission.
23 To promulgate rules which shall have the force and effect
24 of statutory law and shall be binding in the compacting
25 states to the extent and in the manner provided in this
26 compact.
27 To oversee, supervise and coordinate the interstate
28 movement of offenders subject to the terms of this compact
29 and any Bylaws adopted and rules promulgated by the compact
30 commission.
20050S0506B1883 - 183 -
1 To enforce compliance with compact provisions, Interstate
2 Commission rules, and Bylaws, using all necessary and proper
3 means, including, but not limited to, the use of judicial
4 process.
5 To establish and maintain offices.
6 To purchase and maintain insurance and bonds.
7 To borrow, accept, or contract for services of personnel,
8 including, but not limited to, members and their staffs.
9 To establish and appoint committees and hire staff which
10 it deems necessary for the carrying out of its functions
11 including, but not limited to, an executive committee as
12 required by Article III which shall have the power to act on
13 behalf of the Interstate Commission in carrying out its
14 powers and duties hereunder.
15 To elect or appoint such officers, attorneys, employees,
16 agents, or consultants, and to fix their compensation, define
17 their duties and determine their qualifications; and to
18 establish the Interstate Commission's personnel policies and
19 programs relating to, among other things, conflicts of
20 interest, rates of compensation, and qualifications of
21 personnel.
22 To accept any and all donations and grants of money,
23 equipment, supplies, materials, and services, and to receive,
24 utilize, and dispose of same.
25 To lease, purchase, accept contributions or donations of,
26 or otherwise to own, hold, improve or use any property, real,
27 personal, or mixed.
28 To sell, convey, mortgage, pledge, lease, exchange,
29 abandon, or otherwise dispose of any property, real, personal
30 or mixed.
20050S0506B1883 - 184 -
1 To establish a budget and make expenditures and levy dues
2 as provided in Article X of this compact.
3 To sue and be sued.
4 To provide for dispute resolution among Compacting
5 States.
6 To perform such functions as may be necessary or
7 appropriate to achieve the purposes of this compact.
8 To report annually to the legislatures, governors,
9 judiciary, and state councils of the compacting states
10 concerning the activities of the Interstate Commission during
11 the preceding year. Such reports shall also include any
12 recommendations that may have been adopted by the Interstate
13 Commission.
14 To coordinate education, training and public awareness
15 regarding the interstate movement of offenders for officials
16 involved in such activity.
17 To establish uniform standards for the reporting,
18 collecting, and exchanging of data.
19 ARTICLE VI
20 ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
21 Section A. Bylaws
22 The Interstate Commission shall, by a majority of the
23 Members, within twelve months of the first Interstate Commission
24 meeting, adopt Bylaws to govern its conduct as may be necessary
25 or appropriate to carry out the purposes of the Compact,
26 including, but not limited to: establishing the fiscal year of
27 the Interstate Commission; establishing an executive committee
28 and such other committees as may be necessary; providing
29 reasonable standards and procedures:
30 (i) for the establishment of committees, and
20050S0506B1883 - 185 -
1 (ii) governing any general or specific delegation of any
2 authority or function of the Interstate Commission;
3 providing reasonable procedures for calling and conducting
4 meetings of the Interstate Commission, and ensuring reasonable
5 notice of each such meeting; establishing the titles and
6 responsibilities of the officers of the Interstate Commission;
7 providing reasonable standards and procedures for the
8 establishment of the personnel policies and programs of the
9 Interstate Commission. Notwithstanding any civil service or
10 other similar laws of any Compacting State, the Bylaws shall
11 exclusively govern the personnel policies and programs of the
12 Interstate Commission; and providing a mechanism for winding up
13 the operations of the Interstate Commission and the equitable
14 return of any surplus funds that may exist upon the termination
15 of the Compact after the payment and/or reserving of all of its
16 debts and obligations; providing transition rules for "start up"
17 administration of the Compact; establishing standards and
18 procedures for compliance and technical assistance in carrying
19 out the Compact.
20 Section B. Officers and Staff
21 The Interstate Commission shall, by a majority of the
22 Members, elect from among its Members a chairperson and a vice
23 chairperson, each of whom shall have such authorities and duties
24 as may be specified in the Bylaws. The chairperson or, in his or
25 her absence or disability, the vice chairperson, shall preside
26 at all meetings of the Interstate Commission. The Officers so
27 elected shall serve without compensation or remuneration from
28 the Interstate Commission; PROVIDED THAT, subject to the
29 availability of budgeted funds, the officers shall be reimbursed
30 for any actual and necessary costs and expenses incurred by them
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1 in the performance of their duties and responsibilities as
2 officers of the Interstate Commission.
3 The Interstate Commission shall, through its executive
4 committee, appoint or retain an executive director for such
5 period, upon such terms and conditions and for such compensation
6 as the Interstate Commission may deem appropriate. The executive
7 director shall serve as secretary to the Interstate Commission,
8 and hire and supervise such other staff as may be authorized by
9 the Interstate Commission, but shall not be a Member.
10 Section C. Corporate Records of the Interstate Commission
11 The Interstate Commission shall maintain its corporate books
12 and records in accordance with the Bylaws.
13 Section D. Qualified Immunity, Defense and Indemnification
14 The Members, officers, executive director and employees of
15 the Interstate Commission shall be immune from suit and
16 liability, either personally or in their official capacity, for
17 any claim for damage to or loss of property or personal injury
18 or other civil liability caused or arising out of any actual or
19 alleged act, error or omission that occurred within the scope of
20 Interstate Commission employment, duties or responsibilities;
21 PROVIDED, that nothing in this paragraph shall be construed to
22 protect any such person from suit and/or liability for any
23 damage, loss injury or liability caused by the intentional or
24 willful and wanton misconduct of any such person.
25 The Interstate Commission shall defend the Commissioner of a
26 Compacting State, or his or her representatives or employees, or
27 the Interstate Commission's representatives or employees, in any
28 civil action seeking to impose liability, arising out of any
29 actual or alleged act, error or omission that occurred within
30 the scope of Interstate Commission employment, duties or
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1 responsibilities, or that the defendant had a reasonable basis
2 for believing occurred within the scope of Interstate Commission
3 employment, duties or responsibilities; PROVIDED, that the
4 actual or alleged act, error or omission did not result from
5 intentional wrongdoing on the part of such person.
6 The Interstate Commission shall indemnify and hold the
7 Commissioner of a Compacting State, the appointed designee or
8 employees, or the Interstate Commission's representatives or
9 employees, harmless in the amount of any settlement or judgment
10 obtained against such persons arising out of any actual or
11 alleged act, error or omission that occurred within the scope of
12 Interstate Commission employment, duties or responsibilities, or
13 that such persons had a reasonable basis for believing occurred
14 within the scope of Interstate Commission employment, duties or
15 responsibilities, PROVIDED, that the actual or alleged act,
16 error or omission did not result from gross negligence or
17 intentional wrongdoing on the part of such person.
18 ARTICLE VII
19 ACTIVITIES OF THE INTERSTATE COMMISSION
20 The Interstate Commission shall meet and take such actions as
21 are consistent with the provisions of this Compact.
22 Except as otherwise provided in this Compact and unless a
23 greater percentage is required by the Bylaws, in order to
24 constitute an act of the Interstate Commission, such act shall
25 have been taken at a meeting of the Interstate Commission and
26 shall have received an affirmative vote of a majority of the
27 Members present.
28 Each Member of the Interstate Commission shall have the right
29 and power to cast a vote to which that Compacting State is
30 entitled and to participate in the business and affairs of the
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1 Interstate Commission. A Member shall vote in person on behalf
2 of the state and shall not delegate a vote to another member
3 state. However, a State Council shall appoint another authorized
4 representative, in the absence of the commissioner from that
5 state, to cast a vote on behalf of the member state at a
6 specified meeting. The Bylaws may provide for Members'
7 participation in meetings by telephone or other means of
8 telecommunication or electronic communication. Any voting
9 conducted by telephone, or other means of telecommunication or
10 electronic communication shall be subject to the same quorum
11 requirements of meetings where members are present in person.
12 The Interstate Commission shall meet at least once during each
13 calendar year. The chairperson of the Interstate Commission may
14 call additional meetings at any time and, upon the request of a
15 majority of the Members, shall call additional meetings.
16 The Interstate Commission's Bylaws shall establish conditions
17 and procedures under which the Interstate Commission shall make
18 its information and official records available to the public for
19 inspection or copying. The Interstate Commission may exempt from
20 disclosure any information or official records to the extent
21 they would adversely affect personal privacy rights or
22 proprietary interests. In promulgating such Rules, the
23 Interstate Commission may make available to law enforcement
24 agencies records and information otherwise exempt from
25 disclosure, and may enter into agreements with law enforcement
26 agencies to receive or exchange information or records subject
27 to nondisclosure and confidentiality provisions.
28 Public notice shall be given of all meetings and all meetings
29 shall be open to the public, except as set forth in the Rules or
30 as otherwise provided in the Compact. The Interstate Commission
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1 shall promulgate Rules consistent with the principles contained
2 in the "Government in Sunshine Act," 5 U.S.C. Section 552(b), as
3 may be amended. The Interstate Commission and any of its
4 committees may close a meeting to the public where it determines
5 by two-thirds vote that an open meeting would be likely to:
6 relate solely to the Interstate Commission's internal
7 personnel practices and procedures;
8 disclose matters specifically exempted from disclosure by
9 statute;
10 disclose trade secrets or commercial or financial
11 information which is privileged or confidential;
12 involve accusing any person of a crime, or formally
13 censuring any person;
14 disclose information of a personal nature where
15 disclosure would constitute a clearly unwarranted invasion of
16 personal privacy;
17 disclose investigatory records compiled for law
18 enforcement purposes;
19 disclose information contained in or related to
20 examination, operating or condition reports prepared by, or
21 on behalf of or for the use of, the Interstate Commission
22 with respect to a regulated entity for the purpose of
23 regulation or supervision of such entity;
24 disclose information, the premature disclosure of which
25 would significantly endanger the life of a person or the
26 stability of a regulated entity;
27 specifically relate to the Interstate Commission's
28 issuance of a subpoena, or its participation in a civil
29 action or proceeding.
30 For every meeting closed pursuant to this provision, the
20050S0506B1883 - 190 -
1 Interstate Commission's chief legal officer shall publicly
2 certify that, in his or her opinion, the meeting may be closed
3 to the public, and shall reference each relevant exemptive
4 provision. The Interstate Commission shall keep minutes which
5 shall fully and clearly describe all matters discussed in any
6 meeting and shall provide a full and accurate summary of any
7 actions taken, and the reasons therefor, including a description
8 of each of the views expressed on any item and the record of any
9 roll call vote (reflected in the vote of each Member on the
10 question). All documents considered in connection with any
11 action shall be identified in such minutes.
12 The Interstate Commission shall collect standardized data
13 concerning the interstate movement of offenders as directed
14 through its Bylaws and Rules which shall specify the data to be
15 collected and the means of collection and data exchange and
16 reporting requirements.
17 ARTICLE VIII
18 RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
19 The Interstate Commission shall promulgate Rules in order to
20 effectively and efficiently achieve the purposes of the Compact
21 including transition rules governing administration of the
22 Compact during the period in which it is being considered and
23 enacted by the states.
24 Rulemaking shall occur pursuant to the criteria set forth in
25 this Article and the Bylaws and Rules adopted pursuant thereto.
26 Such rulemaking shall substantially conform to the principles of
27 the Federal Administrative Procedure Act, 5 U.S.C. Ch. 5 Subchs.
28 II (relating to administrative procedure) and III (relating to
29 negotiated rulemaking procedure), and the Federal Advisory
30 Committee Act, 5 U.S.C.S. app. 2, section 1 et seq., as may be
20050S0506B1883 - 191 -
1 amended (hereinafter "APA").
2 All Rules and amendments shall become binding as of the date
3 specified in each Rule or amendment.
4 If a majority of the legislatures of the Compacting States
5 rejects a Rule, by enactment of a statute or resolution in the
6 same manner used to adopt the compact, then such Rule shall have
7 no further force and effect in any Compacting State.
8 When promulgating a Rule, the Interstate Commission shall:
9 publish the proposed Rule stating with particularity the
10 text of the Rule which is proposed and the reason for the
11 proposed Rule;
12 allow persons to submit written data, facts, opinions and
13 arguments, which information shall be publicly available;
14 provide an opportunity for an informal hearing; and
15 promulgate a final Rule and its effective date, if
16 appropriate, based on the rulemaking record.
17 Not later than sixty days after a Rule is promulgated, any
18 interested person may file a petition in the United States
19 District Court for the District of Columbia or in the Federal
20 District Court where the Interstate Commission's principal
21 office is located for judicial review of such Rule. If the court
22 finds that the Interstate Commission's action is not supported
23 by substantial evidence, (as defined in the APA), in the
24 rulemaking record, the court shall hold the Rule unlawful and
25 set it aside.
26 Subjects to be addressed within 12 months after the first
27 meeting must at a minimum include:
28 notice to victims and opportunity to be heard;
29 offender registration and compliance;
30 violations/ returns;
20050S0506B1883 - 192 -
1 transfer procedures and forms;
2 eligibility for transfer;
3 collection of restitution and fees from offenders;
4 data collection and reporting;
5 the level of supervision to be provided by the receiving
6 state;
7 transition rules governing the operation of the compact
8 and the Interstate Commission during all or part of the
9 period between the effective date of the compact and the date
10 on which the last eligible state adopts the compact;
11 mediation, arbitration and dispute resolution.
12 The existing rules governing the operation of the previous
13 compact superseded by this Act shall be null and void twelve
14 (12) months after the first meeting of the Interstate Commission
15 created hereunder.
16 Upon determination by the Interstate Commission that an
17 emergency exists, it may promulgate an emergency rule which
18 shall become effective immediately upon adoption, provided that
19 the usual rulemaking procedures provided hereunder shall be
20 retroactively applied to said rule as soon as reasonably
21 possible, in no event later than 90 days after the effective
22 date of the rule.
23 ARTICLE IX
24 OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION
25 BY THE INTERSTATE COMMISSION
26 Section A. Oversight
27 The Interstate Commission shall oversee the interstate
28 movement of adult offenders in the compacting states and shall
29 monitor such activities being administered in Non-compacting
30 States which may significantly affect Compacting States.
20050S0506B1883 - 193 -
1 The courts and executive agencies in each Compacting State
2 shall enforce this Compact and shall take all actions necessary
3 and appropriate to effectuate the Compact's purposes and intent.
4 In any judicial or administrative proceeding in a Compacting
5 State pertaining to the subject matter of this Compact which may
6 affect the powers, responsibilities or actions of the Interstate
7 Commission, the Interstate Commission shall be entitled to
8 receive all service of process in any such proceeding, and shall
9 have standing to intervene in the proceeding for all purposes.
10 Section B. Dispute Resolution
11 The Compacting States shall report to the Interstate
12 Commission on issues or activities of concern to them, and
13 cooperate with and support the Interstate Commission in the
14 discharge of its duties and responsibilities.
15 The Interstate Commission shall attempt to resolve any
16 disputes or other issues which are subject to the compact and
17 which may arise among Compacting States and Non-compacting
18 States.
19 The Interstate Commission shall enact a Bylaw or promulgate a
20 Rule providing for both mediation and binding dispute resolution
21 for disputes among the Compacting States.
22 Section C. Enforcement
23 The Interstate Commission, in the reasonable exercise of its
24 discretion, shall enforce the provisions of this compact using
25 any or all means set forth in Article XII, Section B, of this
26 compact.
27 Section D. Extradition
28 The duly accredited officers of a sending state may at all
29 times enter a receiving state, and there apprehend and retake
30 any person on probation or parole. For that purpose, no
20050S0506B1883 - 194 -
1 formalities will be required other than establishing the
2 authority of the officer and the identity of the person to be
3 retaken. All legal requirements to obtain extradition of
4 fugitives from justice are hereby expressly waived on the part
5 of states party hereto as to such persons. The decision of the
6 sending state to retake a person on probation or parole shall be
7 conclusive upon and not reviewable within the receiving state.
8 If at the time when a state seeks to retake a probationer or
9 parolee, there should be pending against him within the
10 receiving state any criminal charge, or he is suspected of
11 having committed within such state a criminal offense, he shall
12 not be retaken without the consent of the receiving state until
13 discharged from prosecution or from imprisonment for such
14 offense. The duly accredited officers of the sending state will
15 be permitted to transport prisoners being retaken through any
16 and all states parties to this compact without interference.
17 ARTICLE X
18 FINANCE
19 The Interstate Commission shall pay or provide for the
20 payment of the reasonable expenses of its establishment,
21 organization and ongoing activities.
22 The Interstate Commission shall levy on and collect an annual
23 assessment from each Compacting State to cover the cost of the
24 internal operations and activities of the Interstate Commission
25 and its staff which must be in a total amount sufficient to
26 cover the Interstate Commission's annual budget as approved each
27 year. The aggregate annual assessment amount shall be allocated
28 based upon a formula to be determined by the Interstate
29 Commission, taking into consideration the population of the
30 state and the volume of interstate movement of offenders in each
20050S0506B1883 - 195 -
1 Compacting State and shall promulgate a Rule binding upon all
2 Compacting States which governs said assessment.
3 The Interstate Commission shall not incur any obligations of
4 any kind prior to securing the funds adequate to meet the same;
5 nor shall the Interstate Commission pledge the credit of any of
6 the Compacting States, except by and with the authority of the
7 Compacting State.
8 The Interstate Commission shall keep accurate accounts of all
9 receipts and disbursements. The receipts and disbursements of
10 the Interstate Commission shall be subject to the audit and
11 accounting procedures established under its Bylaws. However, all
12 receipts and disbursements of funds handled by the Interstate
13 Commission shall be audited yearly by a certified or licensed
14 public accountant and the report of the audit shall be included
15 in and become part of the annual report of the Interstate
16 Commission.
17 ARTICLE XI
18 COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT
19 Any state, as defined in Article II of this Compact, is
20 eligible to become a Compacting State. The Compact shall become
21 effective and binding upon legislative enactment of the Compact
22 into law by no less than 35 of the States. The initial effective
23 date shall be the later of July 1, 2001, or upon enactment into
24 law by the 35th jurisdiction. Thereafter it shall become
25 effective and binding, as to any other Compacting State, upon
26 enactment of the Compact into law by that State. The governors
27 of Non-member states or their designees will be invited to
28 participate in Interstate Commission activities on a non-voting
29 basis prior to adoption of the Compact by all states and
30 territories of the United States.
20050S0506B1883 - 196 -
1 Amendments to the Compact may be proposed by the Interstate
2 Commission for enactment by the Compacting States. No amendment
3 shall become effective and binding upon the Interstate
4 Commission and the Compacting States unless and until it is
5 enacted into law by unanimous consent of the Compacting States.
6 ARTICLE XII
7 WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT
8 Section A. Withdrawal
9 Once effective, the Compact shall continue in force and
10 remain binding upon each and every Compacting State; PROVIDED,
11 that a Compacting State may withdraw from the Compact
12 ("Withdrawing State") by enacting a statute specifically
13 repealing the statute which enacted the Compact into law. The
14 effective date of withdrawal is the effective date of the
15 repeal.
16 The Withdrawing State shall immediately notify the
17 chairperson of the Interstate Commission in writing upon the
18 introduction of legislation repealing this Compact in the
19 Withdrawing State.
20 The Interstate Commission shall notify the other Compacting
21 States of the Withdrawing State's intent to withdraw within
22 sixty days of its receipt thereof.
23 The Withdrawing State is responsible for all assessments,
24 obligations and liabilities incurred through the effective date
25 of withdrawal, including any obligations, the performance of
26 which extend beyond the effective date of withdrawal.
27 Reinstatement following withdrawal of any Compacting State
28 shall occur upon the Withdrawing State reenacting the Compact or
29 upon such later date as determined by the Interstate Commission.
30 Section B. Default
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1 If the Interstate Commission determines that any Compacting
2 State has at any time defaulted ("Defaulting State") in the
3 performance of any of its obligations or responsibilities under
4 this Compact, the Bylaws or any duly promulgated Rules the
5 Interstate Commission may impose any or all of the following
6 penalties:
7 Fines, fees and costs in such amounts as are deemed to be
8 reasonable as fixed by the Interstate Commission;
9 Remedial training and technical assistance as directed by
10 the Interstate Commission;
11 Suspension and termination of membership in the Compact.
12 Suspension shall be imposed only after all other reasonable
13 means of securing compliance under the Bylaws and Rules have
14 been exhausted. Immediate notice of suspension shall be given by
15 the Interstate Commission to the Governor, the Chief Justice or
16 Chief Judicial Officer of the state; the majority and minority
17 leaders of the defaulting state's legislature, and the State
18 Council.
19 The grounds for default include, but are not limited to,
20 failure of a Compacting State to perform such obligations or
21 responsibilities imposed upon it by this compact, Interstate
22 Commission Bylaws, or duly promulgated Rules. The Interstate
23 Commission shall immediately notify the Defaulting State in
24 writing of the penalty imposed by the Interstate Commission on
25 the Defaulting State pending a cure of the default. The
26 Interstate Commission shall stipulate the conditions and the
27 time period within which the Defaulting State must cure its
28 default. If the Defaulting State fails to cure the default
29 within the time period specified by the Interstate Commission,
30 in addition to any other penalties imposed herein, the
20050S0506B1883 - 198 -
1 Defaulting State may be terminated from the Compact upon an
2 affirmative vote of a majority of the Compacting States and all
3 rights, privileges and benefits conferred by this Compact shall
4 be terminated from the effective date of suspension. Within
5 sixty days of the effective date of termination of a Defaulting
6 State, the Interstate Commission shall notify the Governor, the
7 Chief Justice or Chief Judicial Officer and the Majority and
8 Minority Leaders of the Defaulting State's legislature and the
9 state council of such termination.
10 The Defaulting State is responsible for all assessments,
11 obligations and liabilities incurred through the effective date
12 of termination including any obligations, the performance of
13 which extends beyond the effective date of termination.
14 The Interstate Commission shall not bear any costs relating
15 to the Defaulting State unless otherwise mutually agreed upon
16 between the Interstate Commission and the Defaulting State.
17 Reinstatement following termination of any Compacting State
18 requires both a reenactment of the Compact by the Defaulting
19 State and the approval of the Interstate Commission pursuant to
20 the Rules.
21 Section C. Judicial Enforcement
22 The Interstate Commission may, by majority vote of the
23 Members, initiate legal action in the United States District
24 Court for the District of Columbia or, at the discretion of the
25 Interstate Commission, in the Federal District where the
26 Interstate Commission has its offices to enforce compliance with
27 the provisions of the Compact, its duly promulgated Rules and
28 Bylaws, against any Compacting State in default. In the event
29 judicial enforcement is necessary the prevailing party shall be
30 awarded all costs of such litigation including reasonable
20050S0506B1883 - 199 -
1 attorneys fees.
2 Section D. Dissolution of Compact
3 The Compact dissolves effective upon the date of the
4 withdrawal or default of the Compacting State which reduces
5 membership in the Compact to one Compacting State.
6 Upon the dissolution of this Compact, the Compact becomes
7 null and void and shall be of no further force or effect, and
8 the business and affairs of the Interstate Commission shall be
9 wound up and any surplus funds shall be distributed in
10 accordance with the Bylaws.
11 ARTICLE XIII
12 SEVERABILITY AND CONSTRUCTION
13 The provisions of this Compact shall be severable, and if any
14 phrase, clause, sentence or provision is deemed unenforceable,
15 the remaining provisions of the Compact shall be enforceable.
16 The provisions of this Compact shall be liberally constructed to
17 effectuate its purposes.
18 ARTICLE XIV
19 BINDING EFFECT OF COMPACT AND OTHER LAWS
20 Section A. Other Laws
21 Nothing herein prevents the enforcement of any other law of a
22 Compacting State that is not inconsistent with this Compact. All
23 Compacting States' laws conflicting with this Compact are
24 superseded to the extent of the conflict.
25 Section B. Binding Effect of the Compact
26 All lawful actions of the Interstate Commission, including
27 all Rules and Bylaws promulgated by the Interstate Commission,
28 are binding upon the Compacting States.
29 All agreements between the Interstate Commission and the
30 Compacting States are binding in accordance with their terms.
20050S0506B1883 - 200 -
1 Upon the request of a party to a conflict over meaning or
2 interpretation of Interstate Commission actions, and upon a
3 majority vote of the Compacting States, the Interstate
4 Commission may issue advisory opinions regarding such meaning or
5 interpretation.
6 In the event any provision of this Compact exceeds the
7 constitutional limits imposed on the legislature of any
8 Compacting State, the obligations, duties, powers or
9 jurisdiction sought to be conferred by such provision upon the
10 Interstate Commission shall be ineffective and such obligations,
11 duties, powers or jurisdiction shall remain in the Compacting
12 State and shall be exercised by the agency thereof to which such
13 obligations, duties, powers or jurisdiction are delegated by law
14 in effect at the time this Compact becomes effective.
15 § 7113. When and how compact becomes operative.
16 (a) General rule.--When the Governor executes the Interstate
17 Compact for the Supervision of Adult Offenders on behalf of this
18 State and files a verified copy thereof with the Secretary of
19 the Commonwealth and when the compact is ratified by one or more
20 other states, then the compact shall become operative and
21 effective between this State and such other state or states. The
22 Governor is hereby authorized and directed to take such action
23 as may be necessary to complete the exchange of official
24 documents between this State and any other state ratifying the
25 compact.
26 (b) Notice in Pennsylvania Bulletin.--The Secretary of the
27 Commonwealth shall publish a notice in the Pennsylvania Bulletin
28 when the conditions set forth in subsection (a) are satisfied
29 and shall include in the notice the date on which the compact
30 became effective and operative between this State and any other
20050S0506B1883 - 201 -
1 state or states in accordance with this subchapter.
2 § 7114. State council and compact administrator.
3 (a) State council.--Consistent with Article IV of the
4 Interstate Compact for the Supervision of Adult Offenders, there
5 is hereby established the State Council for Interstate Adult
6 Offender Supervision. The council shall consist of nine members,
7 seven of whom shall be appointed by the Governor. At least two
8 members shall be judges of courts of record of this Commonwealth
9 and at least one shall be a county chief probation officer, a
10 representative from the executive branch of government, a
11 representative of victims groups and the compact administrator.
12 The President pro tempore of the Senate and the Speaker of the
13 House of Representatives shall each appoint a member of the
14 General Assembly to serve as a member of the council. The term
15 of a member of the council hereafter appointed, except to fill a
16 vacancy, shall be for four years and until a successor has been
17 appointed, but in no event more than 90 days beyond the
18 expiration of the appointed term. The term of a member of the
19 council who is appointed by virtue of serving as a member of the
20 General Assembly, as a judge or as a county chief probation
21 officer shall continue only as long as the individual remains in
22 that office. A vacancy occurring in an office of a member of the
23 council by expiration of term or for any other reason shall be
24 filled by the appointing authority for the remainder of the
25 term.
26 (b) Appointment of administrator.--The compact administrator
27 shall be appointed by the Governor and shall serve as a member
28 of the State Council for the Supervision of Adult Offenders and
29 shall serve on the Interstate Commission for Adult Offender
30 Supervision established pursuant to the Interstate Compact for
20050S0506B1883 - 202 -
1 the Supervision of Adult Offenders.
2 (c) Compensation and expenses of administrator.--The compact
3 administrator who represents this State, as provided for in
4 Article IV of the Interstate Compact for the Supervision of
5 Adult Offenders, shall not be entitled to any additional
6 compensation for his duties and responsibilities as compact
7 administrator but shall be entitled to reimbursement for
8 reasonable expenses actually incurred in connection with his
9 duties and responsibilities as compact administrator in the same
10 manner as for expenses incurred in connection with other duties
11 and responsibilities of his office or employment.
12 SUBCHAPTER C
13 ADMINISTRATIVE PROVISIONS
14 Sec.
15 7121. Deputization.
16 7122. Supervision of persons paroled by other states.
17 7123. Penalty.
18 § 7121. Deputization.
19 (a) General rule.--The chairperson of the Pennsylvania Board
20 of Probation and Parole may deputize any person to act as an
21 officer and agent of the Commonwealth in effecting the return of
22 any person who has violated the terms and conditions of parole
23 or probation as granted by the Commonwealth. In any matter
24 relating to the return of such person, an agent so deputized has
25 all the powers of a police officer of this Commonwealth.
26 (b) Evidence of deputization.--A deputization under this
27 section must be in writing and a person authorized to act as an
28 agent of the Commonwealth under that authority shall carry
29 formal evidence of the deputization and shall produce it on
30 demand.
20050S0506B1883 - 203 -
1 (c) Interstate contracts.--The chairperson of the
2 Pennsylvania Board of Probation and Parole may, subject to the
3 approval of the Auditor General, enter into contracts with
4 similar officials of any other state for the purpose of sharing
5 an equitable portion of the cost of effecting the return of any
6 person who has violated the terms and conditions of parole or
7 probation as granted by the Commonwealth.
8 § 7122. Supervision of persons paroled by other states.
9 (a) General rule.--In compliance with the Federal interstate
10 compact laws and the provisions of this section, the board may
11 supervise persons who are paroled by other states and reside in
12 this Commonwealth, where such other states agree to perform
13 similar services for the board.
14 (b) Witness Protection Program.--The board may relinquish
15 jurisdiction over a parolee to the proper Federal authorities
16 where the parolee is placed into the Witness Protection Program
17 of the United States Department of Justice.
18 (c) Applicability.--The provisions of this section shall
19 apply only to those persons under the supervision of the board.
20 (d) Contracting state obligations.--The contracting state
21 must adhere to this Commonwealth's laws regarding the interstate
22 compact, which are as follows:
23 (1) The contracting state solemnly agrees that it is
24 competent for the duly constituted judicial and
25 administrative authorities of a state party to the compact,
26 referred to as the "sending state," to permit any person
27 convicted of an offense within such state and placed on
28 probation or released on parole to reside in any other state,
29 referred to as the "receiving state," while on probation or
30 parole if:
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1 (i) A confirmed offer of viable employment or other
2 verifiable means of support exists.
3 (ii) A residence approved by the sending state shall
4 be available.
5 (2) The following information must be made available to
6 the receiving state from the sending state at the time the
7 application for acceptance to the receiving state shall be
8 filed:
9 (i) Institutional adjustment information on parolees
10 or probationers.
11 (ii) Current supervision history on parolees or
12 probationers.
13 (iii) A psychological report or psychological
14 update, completed no more than one year prior to the
15 receiving state's consideration, for persons convicted of
16 a violent offense.
17 (iv) The following information must be made
18 available to the receiving state for those cases defined
19 as a sexual offense:
20 (A) A summary of any type of treatment received
21 and dates of completion.
22 (B) A description of behavioral characteristics
23 that may have contributed to the parolee or
24 probationer's conduct.
25 (3) Any parolee or probationer convicted of a sexual
26 offense shall be required to:
27 (i) Submit to mandatory registration and public
28 notification of all current addresses with the
29 Pennsylvania State Police.
30 (ii) Provide a signed copy of the "Pennsylvania
20050S0506B1883 - 205 -
1 State Police Sexual Offender Registration Notification"
2 form and the "Pennsylvania State Police Sexual Offender
3 Registration" form to the receiving state.
4 (iii) Provide a signed copy of "Addendum to
5 Application for Compact Services/Agreement to Return"
6 form to the receiving state.
7 (4) Except as provided in this subsection, the receiving
8 state shall not consider the acceptance of supervision if the
9 parolee is already physically present in this Commonwealth.
10 Investigation and consideration of a case shall occur only
11 after the parolee returns to the sending state and proper
12 application is filed. The receiving state may consider the
13 acceptance of supervision if the probationer is already
14 physically present in this Commonwealth, where the
15 probationer has established domicile in the receiving state
16 before adjudication on the criminal offense.
17 (5) Electronic monitoring or other special conditions,
18 or both, of supervision shall be imposed as deemed necessary
19 by the receiving state.
20 (6) At the request of the receiving state, the sending
21 state shall agree to retake the parolee or probationer if
22 that individual violates any condition of probation or
23 parole.
24 (e) Definitions.--As used in this section the following
25 words and phrases shall have the meaning given to them in this
26 subsection unless the context clearly indicates otherwise:
27 "Board." The Pennsylvania Board of Probation and Parole.
28 "Sexual offense."
29 (1) Any of the following offenses or an equivalent
30 offense that is classified as a felony and involves a victim
20050S0506B1883 - 206 -
1 who is a minor:
2 18 Pa.C.S. § 2901 (relating to kidnapping).
3 18 Pa.C.S. § 5902(a) (relating to prostitution and
4 related offenses).
5 18 Pa.C.S. § 5903(a)(3), (4), (5) or (6) (relating to
6 obscene and other sexual materials and performances).
7 (2) Any of the following offenses or an equivalent
8 offense that is classified as a felony and involves a victim
9 who is younger than 13 years of age:
10 18 Pa.C.S. § 3126 (relating to indecent assault).
11 (3) Any of the following offenses or an equivalent
12 offense, regardless of the victim's age:
13 18 Pa.C.S. § 3121 (relating to rape).
14 18 Pa.C.S. § 3123 (relating to involuntary deviate
15 sexual intercourse).
16 18 Pa.C.S. § 3125 (relating to aggravated indecent
17 assault).
18 "Violent offense."
19 (1) Any of the following offenses or an equivalent
20 offense:
21 18 Pa.C.S. § 2502 (relating to murder).
22 18 Pa.C.S. § 2503 (relating to voluntary
23 manslaughter).
24 18 Pa.C.S. § 2702 (relating to aggravated assault).
25 18 Pa.C.S. § 2703 (relating to assault by prisoner).
26 18 Pa.C.S. § 2704 (relating to assault by life
27 prisoner).
28 18 Pa.C.S. § 2901 (relating to kidnapping) where the
29 victim is a minor.
30 18 Pa.C.S. § 3121 (relating to rape).
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1 18 Pa.C.S. § 3123 (relating to involuntary deviate
2 sexual intercourse).
3 18 Pa.C.S. § 3301 (relating to arson and related
4 offenses).
5 18 Pa.C.S. § 3502 (relating to burglary).
6 18 Pa.C.S. § 3701 (relating to robbery).
7 18 Pa.C.S. § 3923 (relating to theft by extortion)
8 where a threat of violence is made.
9 (2) A criminal attempt, criminal solicitation or
10 criminal conspiracy to commit any offenses set forth in this
11 definition.
12 "Other verifiable means of support." The term includes, but
13 is not limited to, support by parent, grandparent, sibling,
14 spouse or adult child. The term does not include public
15 assistance.
16 § 7123. Penalty.
17 A person who is on parole or probation in another state and
18 who resides in this Commonwealth in violation of section 6373
19 (relating to supervision of persons paroled by other states)
20 commits a misdemeanor of the first degree and shall be sentenced
21 to pay a fine of not more than $10,000 or to imprisonment for
22 not more than five years, or both.
23 Section 5. The addition of 61 Pa.C.S. Pts. I, II, III, IV
24 and V is a continuation of the acts and parts of acts listed in
25 section 7 of this act, except for the following:
26 Act of January 17, 1831 (P.L.12, No.12), entitled "A further
27 supplement to an act, entitled, An act to reform the penal laws
28 of this Commonwealth."
29 Sections 3 and 4 14 of the act of April 14, 1835 (P.L.232, <--
30 No.140), entitled "A supplement to the act entitled An act to
20050S0506B1883 - 208 -
1 provide for the erection of a new prison and a debtors'
2 apartment within the city and county of Philadelphia, and for
3 the sale of the county prison in Walnut street in said city."
4 Section 11 of the act of February 8, 1842 (P.L.12, No.10),
5 entitled "A supplement to an act entitled 'An act relating to
6 the prison of the county of Chester,' approved February first,
7 one thousand eight hundred and thirty-nine, and relative to the
8 Dauphin county prison."
9 The act of January 4, 1856 (P.L.711, No.661), entitled "A
10 further supplement to an act, entitled 'An Act to provide for
11 the erection of a new prison and debtors' apartment within the
12 city and county of Philadelphia, and for the sale of the county
13 prison in Walnut street in the said city, approved April
14 fourteenth, one thousand eight hundred thirty-five.'"
15 Sections 8, 12 and 14 of the act of June 2, 1871 (P.L.1301,
16 No.1209), entitled "An act to establish and maintain for the
17 city of Philadelphia, a house of correction, employment and
18 reformation for adults and minors."
19 Act of June 8, 1874 (P.L.278, No.163), entitled "An act
20 relating to prison inspectors and regulating prisons."
21 Sections 2 and 4 of the act of June 13, 1883 (P.L.112,
22 No.99), entitled "An act to abolish the contract system in the
23 prisons and reformatory institutions of the State of
24 Pennsylvania, and to regulate the wages of the inmates."
25 Act of June 22, 1897 (P.L.182, No.150), entitled "A
26 supplement to an act entitled 'An act for the punishment of
27 cruelty to animals in this Commonwealth,' approved the twenty-
28 ninth day of March, one thousand eight hundred and sixty-nine,
29 requiring the keepers or persons in charge of all jails, lock-
30 ups and station-houses within the Commonwealth to receive all
20050S0506B1883 - 209 -
1 persons arrested for any violation of the provisions of said
2 act."
3 Act of May 25, 1907 (P.L.247, No.191), entitled "An act
4 authorizing the employment of male prisoners of the jails, and
5 workhouses of this Commonwealth upon the public highways of the
6 several counties, and regulating the same; and providing for the
7 establishment of Prison Boards, the purchase of material and
8 tools, and employment of deputies, at the expense of the proper
9 county, and a penalty for the escape of prisoners while employed
10 outside of said jails, workhouses."
11 Act of May 28, 1913 (P.L.363, No.247), entitled "An act
12 regulating the discharge of prisoners on parole, from the penal
13 institutions of the Commonwealth."
14 Section 9 of the act of July 25, 1913 (P.L.1311, No.816),
15 entitled "An act providing for the establishment of a State
16 Industrial Home for Women; authorizing the purchase of a site,
17 and the erection thereon and equipment of necessary buildings;
18 providing for the commitment to said State Industrial Home for
19 Women of females between the ages of sixteen and thirty years,
20 convicted of, or pleading guilty to, the commission of any
21 criminal offense; and providing for the government and
22 management of said institution; and making an appropriation to
23 carry out the purposes of this act."
24 Act of July 19, 1917 (P.L.1117, No.378), entitled "An act
25 providing for the establishment, in cities of the first class,
26 of a house or houses of detention for witnesses and untried
27 prisoners; for the commitment of such prisoners and witnesses
28 thereto; and for the payment of the cost of establishing and
29 maintaining the same by the county wherein said cities are
30 situated."
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1 Act of May 1, 1929 (P.L.1184, No.416), entitled "An act
2 conferring and imposing certain powers and duties upon the State
3 Board of Pardons with respect to inmates of State penal and
4 correctional institutions released on parole."
5 Act of June 22, 1931 (P.L.864, No.280), entitled "An act
6 making a convict whose minimum sentence exceeds one-half of the
7 maximum sentence eligible to apply for release on parole when
8 said convict has served or will have served one-half his maximum
9 sentence."
10 Sections 25, 31, 32, 33, 33.1 and 34.1 of the act of August
11 6, 1941 (P.L.861, No.323), entitled, as amended, "An act to
12 create a uniform and exclusive system for the administration of
13 parole in this Commonwealth; providing state probation services;
14 establishing the 'Pennsylvania Board of Probation and Parole';
15 conferring and defining its jurisdiction, duties, powers and
16 functions; including the supervision of persons placed upon
17 probation and parole in certain designated cases; providing for
18 the method of appointment of its members; regulating the
19 appointment, removal and discharge of its officers, clerks and
20 employes; dividing the Commonwealth into administrative
21 districts for purposes of probation and parole; fixing the
22 salaries of members of the board and of certain other officers
23 and employes thereof; making violations of certain provisions of
24 this act misdemeanors; providing penalties therefor; and for
25 other cognate purposes, and making an appropriation."
26 Section 5 of the act of August 13, 1963 (P.L.774, No.390),
27 entitled "An act authorizing courts to permit certain prisoners
28 to leave jail during reasonable and necessary hours for
29 occupational, scholastic or medical purposes; conferring powers
30 and imposing duties upon courts, county commissioners and
20050S0506B1883 - 211 -
1 sheriffs and other persons in charge of a jail or workhouse."
2 Act of December 27, 1965 (P.L.1237, No.502), entitled "An act
3 establishing regional correctional facilities administered by
4 the Bureau of Correction as part of the State correctional
5 system; establishing standards for county jails, and providing
6 for inspection and classification of county jails and for
7 commitment to State correctional facilities and county jails."
8 Act of March 21, 1986 (P.L.64, No.19), known as the Private
9 Prison Moratorium and Study Act.
10 Chapters 3, 5, 9 and 11 of the act of July 1, 1990 (P.L.315,
11 No.71), known as the Prison Facilities Improvement Act.
12 Section 6. The following shall apply:
13 (1) Except as otherwise provided in 61 Pa.C.S. Pts. I,
14 II, III, IV and V, all activities initiated under any of the
15 acts identified in section 5 of this act shall continue and
16 remain in full force and effect and may be completed under 61
17 Pa.C.S. Pts. I, II, III, IV and V. Resolutions, orders,
18 regulations, rules and decisions which were made under any of
19 the acts identified in section 5 of this act and which are in
20 effect on the effective date of this section shall remain in
21 full force and effect until revoked, vacated or modified
22 under 61 Pa.C.S. Pts. I, II, III, IV and V. Contracts,
23 obligations and agreements entered into under any of the acts
24 identified in section 5 of this act are not affected nor
25 impaired by the continuation of the acts and parts of acts
26 identified in section 5.
27 (2) Any difference in language between 61 Pa.C.S. Pts.
28 I, II, III, IV and V and the acts identified in section 5 of
29 this act is intended only to conform to the style of the
30 Pennsylvania Consolidated Statutes and is not intended to
20050S0506B1883 - 212 -
1 change or affect the legislative intent, judicial
2 construction or administrative interpretation and
3 implementation of those acts, except as follows:
4 (i) 61 Pa.C.S. Part I.
5 (ii) 61 Pa.C.S. § 3104(f).
6 (iii) The definition of "motivational boot camp" in
7 61 Pa.C.S. § 3903, by deleting an obsolete reference to
8 ventilation therapy.
9 (iv) 61 Pa.C.S. § 5903, by adding a reference to
10 civilian clothing to conform to Department of Corrections
11 policy.
12 Section 7. (a) The repeals in this section are necessary to
13 effectuate this act.
14 (b) The following acts and parts of acts are repealed:
15 Act of March 29, 1819 (P.L.232, No.146), entitled "An act to
16 prevent the coroner of Philadelphia county from holding inquests
17 in certain cases, and for other purposes."
18 Act of January 17, 1831 (P.L.12, No.12), entitled "A further
19 supplement to an act, entitled, An act to reform the penal laws
20 of this Commonwealth."
21 Act of April 14, 1835 (P.L.232, No.140), entitled "A
22 supplement to the act entitled 'An act to provide for the
23 erection of a new prison and a debtors' apartment within the
24 city and county of Philadelphia, and for the sale of the county
25 prison in Walnut street in said city.'"
26 Act of February 8, 1842 (P.L.12, No.10), entitled "A
27 supplement to an act entitled 'An act relating to the prison of
28 the county of Chester,' approved February first, one thousand
29 eight hundred and thirty-nine, and relative to the Dauphin
30 county prison."
20050S0506B1883 - 213 -
1 Section 5 of the act of April 16, 1845 (P.L.507, No.342),
2 entitled "An act to provide for the ordinary expenses of the
3 government, repair of the canals and railroads of the state, and
4 other claims upon the commonwealth."
5 Act of January 4, 1856 (P.L.711, No.661), entitled "A further
6 supplement to an act, entitled 'An act to provide for the
7 erection of a new prison and debtors' apartment within the city
8 and county of Philadelphia, and for the sale of the county
9 prison in Walnut street in the said city,' approved April
10 fourteenth, one thousand eight hundred thirty-five."
11 Act of April 18, 1857 (P.L.253, No.295), entitled "A further
12 supplement to an act to Reform the Penal Laws of this
13 Commonwealth, approved the seventeenth day of January, Anno
14 Domini one thousand eight hundred and thirty-one."
15 Act of May 1, 1861 (P.L.528, No.491), entitled "An act
16 granting further Powers to the Inspectors of the Philadelphia
17 County Prison."
18 Act of April 17, 1867 (P.L.87, No.68), entitled "An act to
19 authorize the Governor to appoint a person to visit prisons and
20 almshouses."
21 Act of June 2, 1871 (P.L.1301, No.1209), entitled "An act to
22 establish and maintain for the city of Philadelphia, a house of
23 correction, employment and reformation for adults and minors."
24 Act of June 8, 1874 (P.L.278, No.163), entitled "An act
25 relating to prison inspectors and regulating prisons."
26 Act of June 13, 1883 (P.L.112, No.99), entitled "An act to
27 abolish the contract system in the prisons and reformatory
28 institutions of the State of Pennsylvania, and to regulate the
29 wages of the inmates."
30 Act of June 20, 1883 (P.L.125, No.110), entitled "An act to
20050S0506B1883 - 214 -
1 require a brand upon all goods, wares, merchandise or other
2 article or thing made for sale by convict labor in any
3 penitentiary, reformatory prison, school or other establishment
4 in which convict labor is employed."
5 Act of May 9, 1889 (P.L.154, No.170), entitled "An act
6 authorizing and empowering boards of prison inspectors, in
7 counties where such boards exist, to fix the salaries of deputy
8 wardens, keepers and other persons employed in and about the
9 jails of such counties."
10 Act of June 26, 1895 (P.L.377, No.269), entitled "An act
11 authorizing the erection of work-houses in the several counties
12 of this Commonwealth."
13 Act of May 11, 1897 (P.L.49, No.41), entitled "An act
14 relating to appointment of Prison Commissioners in counties of
15 the Commonwealth having over one hundred and fifty thousand
16 population."
17 Act of June 22, 1897 (P.L.182, No.150), entitled "A
18 supplement to an act, entitled 'An act for the punishment of
19 cruelty to animals in this Commonwealth,' approved the twenty-
20 ninth day of March, one thousand eight hundred and sixty-nine,
21 requiring the keepers or persons in charge of all jails, lock-
22 ups and station-houses within the Commonwealth to receive all
23 persons arrested for any violation of the provisions of said
24 act."
25 Act of April 28, 1899 (P.L.89, No.75), entitled "An act
26 authorizing the employment of male prisoners of the jails and
27 workhouses of this Commonwealth, and regulating the same, and
28 providing a penalty for an escape of prisoners while employed
29 outside of said jails or workhouses."
30 Act of March 20, 1903 (P.L.45, No.48), entitled "An act to
20050S0506B1883 - 215 -
1 make active or visiting committees, of societies incorporated
2 for the purpose of visiting and instructing prisoners, official
3 visitors of penal and reformatory institutions."
4 Act of May 25, 1907 (P.L.247, No.191), entitled "An act
5 authorizing the employment of male prisoners of the jails, and
6 workhouses of this Commonwealth upon the public highways of the
7 several counties, and regulating the same; and providing for the
8 establishment of Prison Boards, the purchase of material and
9 tools, and employment of deputies, at the expense of the proper
10 county, and a penalty for the escape of prisoners while employed
11 outside of said jails, workhouses."
12 Act of April 23, 1909 (P.L.141, No.92), entitled "An act
13 providing for the use of borough and township lockups and city
14 or county prisons, for the detention of prisoners arrested by
15 sheriffs, constables, members of the State constabulary, or
16 other persons authorized by the laws of the Commonwealth to make
17 arrests, and entitling boroughs, townships, and cities to
18 receive remuneration for the same."
19 Act of May 14, 1909 (P.L.838, No.656), entitled "An act to
20 define the rights and functions of official visitors of jails,
21 penitentiaries, and other penal or reformatory institutions, and
22 providing for their removal."
23 Act of May 11, 1911 (P.L.274, No.176), entitled "An act to
24 prohibit the bringing into prisons of all weapons or other
25 implements which may be used to injure any convict or person, or
26 in assisting any convict to escape punishment, or the selling or
27 furnishing of same to convicts; to prohibit the bringing into
28 prisons of all spirituous or fermented liquors, drugs,
29 medicines, poisons, opium, morphine, or any other kind or
30 character of narcotics; or the giving, selling or furnishing of
20050S0506B1883 - 216 -
1 spirituous or fermented liquor, drugs, medicine, poison, opium,
2 morphine, or any other kind or character of narcotics; or
3 bringing into or taking out letters, notes, money, or contraband
4 goods of any kind, whatsoever; and providing a penalty for the
5 violation thereof."
6 Act of June 7, 1911 (P.L.677, No.268), entitled "An act
7 providing for the payment of the costs of proceedings and the
8 expenses of maintaining prisoners committed to county prisons,
9 either for non-payment of fines or penalties imposed for, or
10 while awaiting a hearing upon, any charge for the violation of
11 any city or borough ordinance, or any ordinance of townships of
12 the first class, by the city, borough, or township of the first
13 class whose ordinances are alleged to have been violated, or to
14 which any such fines or penalties are payable."
15 Act of June 19, 1911 (P.L.1059, No.813), referred to as the
16 County Jail and Workhouse Parole Law.
17 Act of May 28, 1913 (P.L.363, No.247), entitled "An act
18 regulating the discharge of prisoners on parole, from the penal
19 institutions of the Commonwealth."
20 Act of June 19, 1913 (P.L.532, No.340), entitled "A
21 supplement to an act approved the nineteenth day of June, one
22 thousand nine hundred eleven, entitled 'An act authorizing the
23 release on probation of certain convicts, instead of imposing
24 sentences; the appointment of probation and parole officers, and
25 the payment of their salaries and expenses; regulating the
26 manner of sentencing convicts in certain cases, and providing
27 for their release on parole; their conviction of crime during
28 parole, and their re-arrest and reconviction for breach of
29 parole; and extending the powers and duties of boards of prison
30 inspectors of penitentiaries.'"
20050S0506B1883 - 217 -
1 Act of July 22, 1913 (P.L.912, No.437), entitled "An act
2 providing for the payment of the costs incurred in the trial of
3 convicts and prisoners escaping, or attempting to escape, from
4 the several penitentiaries and reformatories of the Commonwealth
5 of Pennsylvania, by the respective counties from whose courts
6 the said escaping convicts or prisoners have been committed; and
7 providing for the maintenance of such convicts under sentence
8 for escape, et cetera."
9 Section 9 of the act of July 25, 1913 (P.L.1311, No.816),
10 entitled "An act providing for the establishment of a State
11 Industrial Home for Women; authorizing the purchase of a site,
12 and the erection thereon and equipment of necessary buildings;
13 providing for the commitment to said State Industrial Home for
14 Women of females between the ages of sixteen and thirty years,
15 convicted of, or pleading guilty to, the commission of any
16 criminal offense; and providing for the government and
17 management of said institution; and making an appropriation to
18 carry out the purposes of this act."
19 Act of May 24, 1917 (P.L.283, No.150), entitled "An act
20 fixing the residence of the warden of the county jail or prison,
21 in counties of this Commonwealth where the government of such
22 jail or prison is or may hereafter be vested in a prison board."
23 Act of July 17, 1917 (P.L.1036, No.337), entitled "A Joint
24 Resolution authorizing the authorities having control and
25 supervision of county jails and prisons to permit the employment
26 of inmates thereof on county or almshouse farms; exempting
27 wardens and keepers from liability in certain cases for
28 escapes."
29 Act of July 19, 1917 (P.L.1117, No.378), entitled "An act
30 providing for the establishment, in cities of the first class,
20050S0506B1883 - 218 -
1 of a house or houses of detention for witnesses and untried
2 prisoners; for the commitment of such prisoners and witnesses
3 thereto; and for the payment of the cost of establishing and
4 maintaining the same by the county wherein said cities are
5 situated."
6 Act of May 31, 1919 (P.L.356, No.170), entitled, as amended,
7 "An act authorizing courts of record to remove convicts and
8 persons confined in jails, workhouses, reformatories, reform or
9 industrial schools, penitentiaries, prisons, houses of
10 correction or any other penal institutions, who are seriously
11 ill, to other institutions; and providing penalties for breach
12 of prison."
13 Act of May 10, 1921 (P.L.433, No.209), entitled "An act
14 providing for the sentencing of certain criminals to
15 reformatories or houses of correction in counties of the first
16 class."
17 Act of May 16, 1921 (P.L.579, No.262), referred to as the
18 County Prison Board Law.
19 Act of May 19, 1923 (P.L.271, No.172), entitled "An act
20 providing a system of employment and compensation for the
21 inmates of county jails and prisons."
22 Act of June 14, 1923 (P.L.775, No.306), entitled "An act to
23 provide for the physical welfare of all persons confined
24 (whether such persons be tried or untried prisoners) in any
25 penitentiary or county prison in this Commonwealth."
26 Act of July 11, 1923 (P.L.1044, No.425), referred to as the
27 Prisoner Transfer Law.
28 Act of April 27, 1927 (P.L.414, No.270), entitled, as
29 amended, "An act providing for a system of recording the
30 identification of persons convicted of crime, and of fugitives
20050S0506B1883 - 219 -
1 from justice, and habitual criminals; conferring powers and
2 imposing duties upon the Pennsylvania State Police, district
3 attorneys, police officers, wardens or keepers of jails,
4 prisons, workhouses, or other penal institutions, and sheriffs;
5 providing for the payment of certain expenses by the counties;
6 and imposing penalties."
7 Sections 903-B and 904-B of the act of April 9, 1929
8 (P.L.177, No.175), known as The Administrative Code of 1929.
9 Act of May 1, 1929 (P.L.1182, No.414), entitled "An act
10 providing the procedure and the powers of the State Board of
11 Pardons and boards of trustees of penitentiaries where prisoners
12 released on parole violate the terms of such parole; and fixing
13 the penalty for such violation."
14 Act of May 1, 1929 (P.L.1184, No.416), entitled "An act
15 conferring and imposing certain powers and duties upon the State
16 Board of Pardons with respect to inmates of State penal and
17 correctional institutions released on parole."
18 Act of May 20, 1931 (P.L.138, No.99), entitled "An act
19 permitting the sale of prison made goods, in counties of the
20 first class, to such counties and to cities and school districts
21 and to political subdivisions of such counties and to certain
22 institutions therein; permitting contracts for such sales and
23 purchases, without advertising or competitive bidding;
24 permitting payment of compensation to inmates; and repealing
25 inconsistent laws."
26 Act of June 12, 1931 (P.L.512, No.166), referred to as the
27 Industrial Farms and Workhouses Law.
28 Act of June 22, 1931 (P.L.864, No.280), entitled "An act
29 making a convict whose minimum sentence exceeds one-half of the
30 maximum sentence eligible to apply for release on parole when
20050S0506B1883 - 220 -
1 said convict has served or will have served one-half his maximum
2 sentence."
3 Act of June 21, 1939 (P.L.660, No.307), entitled, as amended,
4 "An act providing for the return of escaped prisoners and
5 convicts after apprehension, to the penitentiary or state
6 institution from which they escape, by the agents of the
7 Department of Justice or the Pennsylvania State Police, and
8 requiring the penitentiary or state institution to defray the
9 expenses thereof."
10 Act of August 6, 1941 (P.L.861, No.323), referred to as the
11 Pennsylvania Board of Probation and Parole Law.
12 Act of May 17, 1945 (P.L.628, No.268), entitled "An act
13 requiring boards of prison inspectors in counties of the fourth
14 class to pay the premiums on all bonds required of employes
15 appointed by the board."
16 Act of May 11, 1949 (P.L.1191, No.359), entitled "An act for
17 the government, management and control of county jails and
18 prisons in counties of sixth, seventh and eighth classes."
19 Article XXX-A of the act of July 28, 1953 (P.L.723, No.230),
20 known as the Second Class County Code.
21 Act of December 13, 1955 (P.L.829, No.240), entitled "An act
22 authorizing the commitment to the Department of Public Welfare
23 in any city of the first class persons convicted of crimes and
24 sentences by courts situate within such city to a city or county
25 penal institution, where such Department has established a
26 correctional, diagnostic and classification service, and
27 authorizing the transfer of prisoners between such institutions
28 by the Department."
29 Act of December 13, 1955 (P.L.841, No.246), entitled "An act
30 authorizing cooperative return of parole and probation violators
20050S0506B1883 - 221 -
1 and the making of contracts or deputization of persons pursuant
2 thereto."
3 Act of August 6, 1963 (P.L.521, No.277), entitled "An act
4 providing that probation officers shall have the power of peace
5 officers in the performance of their duties."
6 Act of August 13, 1963 (P.L.774, No.390), entitled "An act
7 authorizing courts to permit certain prisoners to leave jail
8 during reasonable and necessary hours for occupational,
9 scholastic or medical purposes; conferring powers and imposing
10 duties upon courts, county commissioners and sheriffs and other
11 persons in charge of a jail or workhouse."
12 Act of December 22, 1965 (P.L.1189, No.472), entitled "An act
13 establishing a correctional facility for criminological
14 diagnosis, classification, social and psychological treatment
15 and research, medical treatment and staff training."
16 Act of December 27, 1965 (P.L.1237, No.502), entitled "An act
17 establishing regional correctional facilities administered by
18 the Bureau of Correction as part of the State correctional
19 system; establishing standards for county jails, and providing
20 for inspection and classification of county jails and for
21 commitment to State correctional facilities and county jails."
22 Act of July 16, 1968 (P.L.351, No.173), referred to as the
23 Prisoner Pre-release Plan Law.
24 Act of December 22, 1969 (P.L.394, No.175), entitled "An act
25 providing for the establishment, operation and maintenance of
26 detention facilities for certain persons by adjoining counties
27 on approval by the Bureau of Correction."
28 Act of October 16, 1972 (P.L.913, No.218), entitled "An act
29 establishing regional community treatment centers for women
30 administered by the Bureau of Correction of the Department of
20050S0506B1883 - 222 -
1 Justice as part of the State Correctional System, providing for
2 the commitment of females to such centers and their temporary
3 release therefrom for certain purposes, restricting confinement
4 of females in county jails and conferring powers and duties upon
5 the Department of Justice and the Bureau of Correction."
6 Act of December 30, 1974 (P.L.1075, No.348), known as the
7 Interstate Corrections Compact.
8 Act of March 21, 1986 (P.L.64, No.19), known as the Private
9 Prison Moratorium and Study Act.
10 Chapters 3, 5, 9 and 11 of the act of July 1, 1990 (P.L.315,
11 No.71), known as the Prison Facilities Improvement Act.
12 Act of December 7, 1990 (P.L.615, No.156), known as the
13 Official Visitation of Prisons Act.
14 Act of December 19, 1990 (P.L.1391, No.215), known as the
15 Motivational Boot Camp Act.
16 Act of December 27, 1994 (P.L.1354, No.158), known as the
17 County Probation and Parole Officers' Firearm Education and
18 Training Law.
19 Act of May 16, 1996 (P.L.220, No.40), known as the Prison
20 Medical Services Act.
21 Act of June 18, 1998 (P.L.622, No.80), entitled "An act
22 providing for a procedure and method of execution; and making
23 repeals."
24 Act of December 3, 1998 (P.L.932, No.120), entitled "An act
25 requiring all prison inmates to wear identifiable prison
26 uniforms while incarcerated."
27 Act of June 19, 2002 (P.L.377, No.56), known as the
28 Interstate Compact for the Supervision of Adult Offenders Act.
29 (c) The following acts are also repealed:
30 Act of June 25, 1937 (P.L.2086, No.415), entitled "An act
20050S0506B1883 - 223 -
1 providing for the making of compacts by the Commonwealth with
2 other states for mutual helpfulness in relation to persons on
3 probation or parole; and imposing certain powers and duties on
4 the Governor and the Board of Pardons."
5 Act of July 20, 1968 (P.L.441, No.207), entitled "An act
6 providing for the incarceration of probationers or parolees in
7 certain other states under certain circumstances."
8 (d) The act of December 8, 1959 (P.L.1718, No.632),
9 entitled, as amended, "An act providing for the payment of the
10 salary, medical and hospital expenses of employes of State penal
11 and correctional institutions, State mental hospitals, Youth
12 Development Centers, County Boards of Assistance, and under
13 certain conditions other employes of the Department of Public
14 Welfare, who are injured in the performance of their duties; and
15 providing benefit to their widows and dependents in certain
16 cases," is repealed insofar as it relates to employees of State
17 correctional institutions as that term is defined in 61 Pa.C.S.
18 § 102 (relating to definitions).
19 Section 8. A reference in any act or part of an act to:
20 (1) A parole agent of a county shall be deemed a
21 reference to a probation officer.
22 (2) A parole officer of the State shall be deemed a
23 reference to a parole agent.
24 (3) The County Probation and Parole Officers' Firearm
25 Education and Training Program shall be deemed a reference to
26 the County Probation Officers' Firearm Education and Training
27 Program.
28 (4) The County Probation and Parole Officers' Firearm
29 Education and Training Fund shall be deemed a reference to
30 the County Probation Officers' Firearm Education and Training
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1 Fund.
2 Section 9. The County Probation Officers' Firearm Education
3 and Training Commission is a continuation of the County
4 Probation and Parole Officers' Firearm Education and Training
5 Commission.
6 Section 10. The County Probation Officers' Firearm Education
7 and Training Fund is a continuation of the County Probation and
8 Parole Officers' Firearm Education and Training Fund.
9 Section 11. This act shall take effect as follows:
10 (1) Section 7(c) of this act shall take effect on the
11 date that the Interstate Compact for the Supervision of Adult
12 Offenders becomes effective and operative between this State
13 and any other state or states in accordance with 61 Pa.C.S. §
14 7113.
15 (2) The remainder of this act shall take effect
16 immediately.
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