HOUSE AMENDED PRIOR PRINTER'S NOS. 539, 1487, 1798, PRINTER'S NO. 2110 1883
No. 506 Session of 2005
INTRODUCED BY GREENLEAF, COSTA, O'PAKE, STOUT, THOMPSON, PILEGGI, TOMLINSON, KITCHEN AND M. WHITE, MARCH 29, 2005
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, OCTOBER 3, 2006
AN ACT 1 Amending Title 42 (Judiciary and Judicial Procedure) and 2 codifying Title 61 (Penal and Correctional Institutions) of 3 the Pennsylvania Consolidated Statutes, providing for 4 temporary release from county correctional institutions; <-- 5 FURTHER PROVIDING FOR SENTENCING PROCEEDING AND PLACE OF 6 CONFINEMENT; PROVIDING FOR PAROLE WITHOUT BOARD SUPERVISION, 7 FOR JUDICIAL POWER TO RELEASE INMATES AND for transfers of 8 inmates needing medical care and; FURTHER PROVIDING for State <-- 9 intermediate punishment; PROVIDING FOR OTHER CRIMINAL <-- 10 PROVISIONS; amending the heading of Title 61; adding 11 definitions, provisions relating to general administration of 12 correctional institutions, State correctional institutions, 13 county correctional institutions, the Philadelphia County 14 Prison, house of detention for untried inmates and witnesses, 15 inmate labor, medical services, visitation, motivational boot 16 camp, execution procedure and method, miscellaneous matters 17 relating thereto, probation and parole generally, the 18 Pennsylvania Board of Probation and Parole, County Probation 19 and Parole Agents' OFFICERS' Firearm Education and Training, <-- 20 and correctional institution interstate compacts; and making 21 repeals relating to codification. 22 TABLE OF CONTENTS 23 TITLE 42 24 JUDICIARY AND JUDICIAL PROCEDURE 25 PART VIII. CRIMINAL PROCEEDINGS
1 Chapter 97. Sentencing 2 Subchapter E. Imposition of Sentence 3 § 9755.1. Temporary release from county correctional 4 institution. 5 Subchapter F. Further Judicial Action 6 § 9775. Parole without board supervision. 7 § 9776. Judicial power to release inmates. 8 § 9777. Transfer of inmates in need of medical treatment. 9 Chapter 99. State Intermediate Punishment 10 (Deleted by amendment) 11 Chapter 99. Other Criminal Provisions 12 Subchapter A. County Probation Officers 13 § 9911. Definitions. 14 § 9912. Supervisory relationship to offenders. 15 § 9913. Peace officer power for probation officers. 16 TITLE 61 17 PRISONS AND PAROLE 18 PART I. GENERAL PROVISIONS 19 Chapter 1. Preliminary Provisions 20 § 101. Short title of title. 21 § 102. Definitions. 22 PART II. CORRECTIONAL INSTITUTIONS 23 Chapter 11. General Administration 24 Subchapter A. Penal Operations and Procedures 25 § 1101. Benefits to injured employees of State correctional 26 institutions. 27 § 1102. Correctional facility for criminological diagnosis. 28 § 1103. Recording system for identification of criminal 29 offenders. 30 Subchapter B. Inmate Transfers 20050S0506B2110 - 2 -
1 § 1151. General transfer authorization. 2 § 1152. Transfers to department. 3 § 1153. Expense of removing certain inmates. 4 § 1154. Law enforcement use of county correctional 5 institutions. 6 Subchapter C. Escaped Inmates 7 § 1161. Return of escaped inmates. 8 § 1162. Escaped inmate costs. 9 § 1163. Maintenance of escaping inmates under new sentence. 10 § 1164. Criminal offense during confinement. 11 Chapter 13. (Reserved) 12 Chapter 15. (Reserved) 13 Chapter 17. County Correctional Institutions 14 Subchapter A. Counties and Cities of the First Class 15 § 1701. Appropriations for improvements, railroad connection 16 and commitments. 17 § 1702. Arrest of disorderly minors. 18 § 1703. Commitment of disorderly minors and appeal. 19 § 1704. Employment of inmates. 20 § 1705. Offenses. 21 § 1706. Supplies and reports. 22 § 1707. Deficiency in maintenance. 23 § 1708. Habeas corpus. 24 § 1709. Extension of powers. 25 § 1710. Annual statement. 26 § 1710.1. Name of jail and appointment of inspectors. 27 § 1710.2. Duties of physician. 28 § 1710.3. Visitors to have permission in writing. 29 § 1710.4. Treatment of inmates on discharge. 30 § 1710.5. County of the first class to supply deficiency in 20050S0506B2110 - 3 -
1 furnishing and maintaining prison. 2 § 1710.6. Inmates sentenced for less than two years to county 3 prison. 4 § 1710.7. Coroner of first class county not to hold inquests on 5 convicts, except in certain cases. 6 § 1710.8. Inspectors to discharge inmates. 7 § 1710.9. Treatment of inmates convicted of capital offenses. 8 § 1710.10. Cities of the first class. 9 Subchapter B. County Jail Oversight Board in Counties of the 10 Second Class and Second Class A 11 § 1721. Scope of subchapter. 12 § 1722. Definitions. 13 § 1723. County jail oversight board. 14 § 1724. Powers and duties. 15 § 1725. Rules and regulations. 16 § 1726. Warden. 17 § 1727. Board meetings. 18 § 1728. Contracts and purchases. 19 Subchapter C. Other Counties 20 § 1731. Establishment. 21 § 1732. Board meetings. 22 § 1733. Appointment of warden and employees. 23 § 1734. Powers of peace officers. 24 § 1735. Expenditures. 25 § 1736. Bonding requirement. 26 Subchapter D. Alternative Plan for Certain Counties 27 § 1741. Sixth, seventh and eighth class counties. 28 § 1742. Appointment of prison commissioners. 29 Subchapter E. Penal Operations and Procedures 30 § 1751. Costs of confinement. 20050S0506B2110 - 4 -
1 § 1752. Board of inspectors to regulate salaries of wardens
2 and other staff.
3 § 1753. Residence of warden.
4 § 1754. Bonds for county prison staff in fourth class
5 counties.
6 § 1755. Property exempt from taxation.
7 § 1756. Loss of privileges.
8 § 1757. Collection from certain inmates.
9 Subchapter F. Joint Detention Centers
10 § 1761. Establishment by adjoining counties.
11 § 1762. Selection of site.
12 § 1763. Buildings.
13 § 1764. Construction contracts.
14 § 1765. Advisory board.
15 § 1766. Meetings.
16 § 1767. Superintendent CHIEF ADMINISTRATOR and employees. <--
17 § 1768. Rules and regulations.
18 § 1769. Initial transfer of inmates.
19 § 1770. Employment of inmates.
20 § 1771. Cost of transporting inmates.
21 § 1772. Financial reporting.
22 § 1773. Allocation of expenses to counties.
23 § 1774. County appropriations.
24 § 1775. Exemption from taxation.
25 Subchapter G. Joint Industrial Farms and Workhouses
26 § 1781. Establishment by counties.
27 § 1782. Selection of site.
28 § 1783. Buildings.
29 § 1784. Construction contracts.
30 § 1785. Advisory board.
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1 § 1786. Meetings.
2 § 1787. Superintendent CHIEF ADMINISTRATOR and employees. <--
3 § 1788. Rules and regulations.
4 § 1789. Initial transfer of inmates.
5 § 1790. Employment of inmates.
6 § 1791. Cost of transporting inmates.
7 § 1792. Nature of inmate employment.
8 § 1793. Sale of goods and materials.
9 § 1794. Financial reporting.
10 § 1795. Allocation of expenses to counties.
11 § 1796. Borrowing authorized.
12 § 1797. Exemption from taxation.
13 § 1798. Nonapplicability.
14 PART III. INMATE CONFINEMENT
15 Chapter 31. Inmate Labor
16 § 3101. Inmates to be employed.
17 § 3102. Disposition of proceeds of labor.
18 § 3103. Agricultural labor at county correctional
19 institutions.
20 § 3104. Inmate labor in county correctional institutions.
21 § 3105. Inmate labor in counties of the first class.
22 § 3106. Inmate-made goods to be branded.
23 § 3107. Sale of inmate-made goods.
24 Chapter 33. Medical Services
25 § 3301. Short title of chapter.
26 § 3302. Definitions.
27 § 3303. Medical Services Program.
28 § 3304. Powers and duties of department.
29 § 3305. Costs outstanding upon release.
30 § 3306. Report to General Assembly.
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1 § 3307. Applicability. 2 Chapter 35. Visitation 3 Subchapter A. General Provisions 4 § 3501. Gubernatorial visitor for philanthropic purposes. 5 § 3502. Official visitors. 6 § 3503. Rights of official visitors. 7 Subchapter B. Official Visitation 8 § 3511. Short title of subchapter. 9 § 3512. Definitions. 10 § 3513. Visitation. 11 § 3514. Employees of official visitor. 12 Chapter 37. Inmate Prerelease Plans 13 § 3701. Establishment of prerelease centers. 14 § 3702. Prerelease plan for inmates. 15 § 3703. Rules and regulations. 16 § 3704. Salaries and wages of inmates. 17 Chapter 39. Motivational Boot Camp 18 § 3901. Scope of chapter. 19 § 3902. Declaration of policy. 20 § 3903. Definitions. 21 § 3904. Selection of inmate participants. 22 § 3905. Motivational boot camp program. 23 § 3906. Procedure for selection of participant in motivational 24 boot camp program. 25 § 3907. Completion of motivational boot camp program. 26 § 3908. Appeals. 27 Chapter 41. State Intermediate Punishment 28 § 4101. Scope of chapter. 29 § 4102. Findings and purpose. 30 § 4103. Definitions. 20050S0506B2110 - 7 -
1 § 4104. Referral to State intermediate punishment program.
2 § 4105. Drug offender treatment program.
3 § 4106. Written guidelines and regulations.
4 § 4107. Reports.
5 § 4108. Construction.
6 § 4109. Evaluation.
7 Chapter 43. Execution Procedure and Method
8 § 4301. Definitions.
9 § 4302. Issuance of warrant.
10 § 4303. Terms of confinement.
11 § 4304. Method of execution.
12 § 4305. Witnesses to execution.
13 § 4306. Certification of superintendent CHIEF ADMINISTRATOR. <--
14 § 4307. Postmortem examination.
15 § 4308. Costs of execution and examination.
16 Chapter 59. Miscellaneous Provisions
17 § 5901. Physical welfare of inmates.
18 § 5902. Contraband prohibited.
19 § 5903. Inmate uniforms.
20 § 5904. Assessment and collection of costs.
21 PART IV. PROBATION AND PAROLE
22 Chapter 61. Pennsylvania Board of Probation and Parole
23 Subchapter A. Preliminary Provisions
24 § 6101. Definitions.
25 § 6102. Operation of parole system generally.
26 Subchapter B. Administration
27 § 6111. Pennsylvania Board of Probation and Parole.
28 § 6112. Board chairperson.
29 § 6113. Board action.
30 § 6114. Salaries of board members.
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1 § 6115. Incompatible offices and removal. 2 § 6116. Meetings. 3 § 6117. Official seal. 4 § 6118. Offices. 5 § 6119. District directors. 6 § 6120. District office employees. 7 § 6121. Disciplinary action. 8 § 6122. Political activities. 9 § 6123. Advisory committee. 10 Subchapter C. Powers and Duties 11 § 6131. General powers of board. 12 § 6132. Specific powers of board involving parolees. 13 § 6133. Probation services. 14 § 6134. Sentencing court to transmit records to board. 15 § 6135. Investigation of circumstances of offense. 16 § 6136. Right of access to inmates. 17 § 6137. Parole power. 18 § 6138. Violation of terms of parole. 19 § 6139. Parole procedure. 20 § 6140. Victim statements, testimony and participation in 21 hearing. 22 § 6141. General rules and special regulations. 23 Subchapter D. State Parole Agents 24 § 6151. Definitions. 25 § 6152. Status as peace officers. 26 § 6153. Supervisory relationship to offenders. 27 Chapter 63. County Probation Officers' Firearm Education and 28 Training 29 § 6301. Short title of chapter. 30 § 6302. Definitions. 20050S0506B2110 - 9 -
1 § 6303. County Probation Officers' Firearm Education and 2 Training Commission. 3 § 6304. Commission membership. 4 § 6305. Powers and duties of commission. 5 § 6306. Training mandatory. 6 § 6307. Requirements for program participation or waiver. 7 § 6308. County Probation Officers' Firearm Education and 8 Training Fund. 9 § 6309. Applicability. 10 PART V. MISCELLANEOUS PROVISIONS 11 Chapter 71. Interstate Compacts 12 Subchapter A. Interstate Corrections Compact 13 § 7101. Short title of subchapter. 14 § 7102. Interstate Corrections Compact. 15 § 7103. Powers. 16 Subchapter B. Interstate Compact for the Supervision of 17 Adult Offenders 18 § 7111. Short title of subchapter. 19 § 7112. Authority to execute compact. 20 § 7113. When and how compact becomes operative. 21 § 7114. State council and compact administrator. 22 Subchapter C. Administrative Provisions 23 § 7121. Deputization. 24 § 7122. Supervision of persons paroled by other states. 25 § 7123. Penalty. 26 The General Assembly of the Commonwealth of Pennsylvania 27 hereby enacts as follows: 28 Section 1. Title 42 of the Pennsylvania Consolidate Statutes 29 is amended by adding sections A SECTION to read: <-- 30 § 9755.1. Temporary release from county correctional 20050S0506B2110 - 10 -
1 institution. 2 (a) Conditions permitting release.-- 3 (1) When a person has been sentenced to undergo 4 imprisonment in a county correctional institution for a term 5 of less than five years, the court, at the time of sentence 6 or at any time thereafter upon application made therefor, may 7 by order direct the sheriff or chief administrator of the 8 county correctional institution to permit the inmate to leave 9 the jail during necessary and reasonable hours for the 10 purpose of: 11 (i) working at his employment; 12 (ii) conducting his own business or other self- 13 employed occupation, including housekeeping and attending 14 to the needs of family; 15 (iii) seeking employment; 16 (iv) attendance at an educational institution; 17 (v) securing medical treatment; or 18 (vi) such other lawful purposes as the court shall 19 consider necessary and appropriate. 20 (2) The order of court may be rescinded or modified at 21 any time with or without notice to the inmate. 22 (b) Surrender of wages.--When an inmate is employed for 23 wages or salary, the chief administrator of the county 24 correctional institution shall collect the wages or salary or 25 require the inmate to turn over his wages or salary in full when 26 received, and the chief administrator shall deposit the same in 27 a trust checking account and keep a ledger showing the status of 28 the account of each inmate. 29 (c) Liability for board cost.-- 30 (1) An inmate gainfully employed shall be liable for the 20050S0506B2110 - 11 -
1 cost of his board in the county correctional institution as 2 fixed by the county commissioners. If necessarily absent from 3 jail at a meal time, the inmate shall, at his request, be 4 furnished with an adequate nourishing lunch to carry to work. 5 (2) The chief administrator of the county correctional 6 institution shall charge the inmate's account if the inmate 7 has one for such board. 8 (3) If the inmate is gainfully self-employed, the inmate 9 shall pay for such board in default of which his privilege 10 under this section shall be automatically forfeited. 11 (4) If the food in the county correctional institution 12 is furnished directly by the county, the chief administrator 13 of the county correctional institution shall account for and 14 pay over such board payments to the county treasurer. 15 (d) Disbursements from inmate accounts.--By order of the 16 court, the wages or salaries of employed inmates shall be 17 disbursed for the following purposes in the order stated: 18 (1) The board of the inmate. 19 (2) Necessary travel expense to and from work and other 20 incidental expenses of the inmate. 21 (3) Support of the inmate's dependents, if any, the 22 amount to be determined by the court. 23 (4) Payment of docket costs connected with the 24 commitment of the inmate. 25 (5) Payment either in full or ratably of the inmate's 26 obligations acknowledged by him in writing or which have been 27 reduced to judgment. 28 (6) The balance, if any, to the inmate upon discharge. 29 (e) Intercounty custody.--The court may by order authorize 30 the chief administrator of a county correctional institution to 20050S0506B2110 - 12 -
1 whom an inmate is committed to arrange with the chief 2 administrator of another county correctional institution for the 3 employment of the prisoner in the other's county and while so 4 employed to be in the other's custody but in other respects to 5 be and continue subject to the commitment. 6 SECTION 1.1. SECTION 9762 OF TITLE 42 IS AMENDED TO READ: <-- 7 § 9762. SENTENCING PROCEEDING; PLACE OF CONFINEMENT. 8 (A) COMMITMENT.--ALL PERSONS SENTENCED TO TOTAL OR PARTIAL 9 CONFINEMENT FOR: 10 (1) MAXIMUM TERMS OF FIVE OR MORE YEARS SHALL BE 11 COMMITTED TO THE BUREAU OF CORRECTION FOR CONFINEMENT; 12 (2) MAXIMUM TERMS OF [TWO YEARS] ONE YEAR OR MORE BUT 13 LESS THAN FIVE YEARS MAY BE COMMITTED TO THE BUREAU OF 14 CORRECTION FOR CONFINEMENT OR MAY BE COMMITTED TO A COUNTY 15 PRISON WITHIN THE JURISDICTION OF THE COURT[;] IF THE COUNTY 16 COMMISSIONERS OR THE PRISON COMMISSIONER HAS DESIGNATED THE 17 COUNTY PRISON AVAILABLE FOR THE CONFINEMENT OF THE INMATES; 18 AND 19 (3) MAXIMUM TERMS OF LESS THAN [TWO YEARS] ONE YEAR 20 SHALL BE COMMITTED TO A COUNTY PRISON WITHIN THE JURISDICTION 21 OF THE COURT EXCEPT THAT AS FACILITIES BECOME AVAILABLE ON 22 DATES AND IN AREAS DESIGNATED BY THE GOVERNOR IN 23 PROCLAMATIONS DECLARING THE AVAILABILITY OF STATE 24 CORRECTIONAL FACILITIES, SUCH PERSONS MAY BE COMMITTED TO THE 25 BUREAU OF CORRECTION FOR CONFINEMENT. 26 (B) PERIODS OF TIME.--THE PERIODS OF TIME REFERRED TO IN 27 SUBSECTION (A) SHALL MEAN THE ENTIRE CONTINUOUS TERM OF SENTENCE 28 TO WHICH A PERSON IS SUBJECT, NOTWITHSTANDING WHETHER THE LENGTH 29 OF THE SENTENCE IS A RESULT OF ANY OF THE FOLLOWING: 30 (1) ONE OR MORE SENTENCES. 20050S0506B2110 - 13 -
1 (2) SENTENCES SERVED PURSUANT TO A RESENTENCING FOR A 2 PAROLE VIOLATION. 3 (3) RECOMMITMENT FOR A VIOLATION OF PAROLE. 4 (4) ANY OTHER MANNER OF SENTENCE. 5 SECTION 1.2. TITLE 42 IS AMENDED BY ADDING SECTIONS TO READ: 6 § 9775. Parole without board supervision. 7 A sentencing court shall grant parole from a term of 8 imprisonment for less than a maximum period of two years, and, 9 together with all probations except probation as to which 10 supervision is specially ordered by the court as provided for in 11 section 9721 (relating to sentencing generally), parole shall be 12 without supervision by the board. 13 § 9776. Judicial power to release inmates. 14 (a) General rule.--Except as otherwise provided under this 15 chapter, a court of this Commonwealth or other court of record 16 having jurisdiction may, after due hearing, release on parole an 17 inmate in the county correctional institution of that judicial 18 district. 19 (b) Petition required.--No inmate may be paroled under this 20 section except on petition verified by the oath of the inmate or 21 by the inmate's representative and presented and filed in the 22 court in which the inmate was convicted. 23 (c) Hearing.--On presentation of the petition, the court 24 shall fix a day for the hearing. A copy of the petition shall be 25 served on the district attorney and prosecutor in the case at 26 least ten days before the day fixed for the hearing. Proof of 27 service on the district attorney and the prosecutor shall be 28 produced at the hearing. 29 (d) Order.--After the hearing, the court shall make such 30 order as it may deem just and proper. In case the court paroles 20050S0506B2110 - 14 -
1 the inmate, it shall place the inmate in the charge of and under 2 the supervision of a designated probation officer. 3 (e) Recommit.--The court may, on cause shown by the 4 probation officer that the inmate has violated his parole, 5 recommit and reparole the inmate in the same manner and by the 6 same procedure as in the case of the original parole if, in the 7 judgment of the court, there is a reasonable probability that 8 the inmate will benefit by being paroled. The court may also 9 recommit for violation of that parole. 10 (f) Limitation.-- 11 (1) Subject to the provisions of paragraph (2), the 12 power of a court to parole an inmate under this section shall 13 extend for a period not to exceed the maximum sentence 14 provided by law for the offense of which the inmate was 15 convicted, regardless of the sentence first imposed upon the 16 prisoner. 17 (2) A court may release on parole, on petition to any 18 other court, an inmate committed to a correctional 19 institution by any magisterial district judge and shall have 20 the same power to recommit an inmate paroled under this 21 section. 22 § 9777. Transfer of inmates in need of medical treatment. 23 (a) General rule.--Whenever an inmate is shown to a court of 24 record by due proof that the inmate is seriously ill and that it 25 is necessary to remove the inmate from the correctional 26 institution, the court may: 27 (1) Modify its sentence, impose a suitable sentence or 28 modify the order of confinement for trial, as the case may 29 be. 30 (2) Provide for the confinement or care of the inmate in 20050S0506B2110 - 15 -
1 some other suitable institution where proper medical 2 treatment may be administered. 3 (b) Recommitment.--When an inmate is removed under 4 subsection (a) and recovers from the serious illness, the court 5 shall recommit the inmate to the correctional facility from 6 which the inmate was removed. 7 (c) Penalty.--An inmate who is removed under an order of 8 court pursuant to subsection (a) and escapes commits an offense 9 under 18 Pa.C.S. § 5121(a) (relating to escape). 10 Section 2. Chapter 99 of Title 42 is amended to read: 11 [CHAPTER 99 12 STATE INTERMEDIATE PUNISHMENT 13 Sec. 14 9901. Scope of chapter. 15 9902. Findings and purpose. 16 9903. Definitions. 17 9904. Referral to State intermediate punishment program. 18 9905. Drug offender treatment program. 19 9906. Written guidelines and regulations. 20 9907. Reports. 21 9908. Construction. 22 9909. Evaluation. 23 § 9901. Scope of chapter. 24 This chapter relates to State intermediate punishment. 25 § 9902. Findings and purpose. 26 The General Assembly finds as follows: 27 (1) Many crimes are committed by persons who, because of 28 their addiction to drugs or alcohol, are unable to maintain 29 gainful employment. 30 (2) These persons often commit crimes as a means of 20050S0506B2110 - 16 -
1 obtaining the funds necessary to purchase drugs or alcohol. 2 (3) Many persons commit crimes while under the influence 3 of drugs or alcohol even though they are not addicted to such 4 substances in a clinical sense. 5 (4) Punishing persons who commit crimes is an important 6 aspect of recognizing the harm that criminals visit upon 7 their victims. 8 (5) Many people who commit crimes will be able to become 9 law-abiding, contributing members of society if they are able 10 to obtain treatment for their drug or alcohol addiction or 11 abuse. 12 (6) The purpose of this chapter is to create a program 13 that punishes person who commit crimes, but also provides 14 treatment that offers the opportunity for those persons to 15 address their drug or alcohol addiction or abuse and thereby 16 reduce the incidents of recidivism and enhance public safety. 17 § 9903. Definitions. 18 The following words and phrases when used in this chapter 19 shall have the meanings given to them in this section unless the 20 context clearly indicates otherwise: 21 "Commission." The Pennsylvania Commission on Sentencing. 22 "Community-based therapeutic community." A long-term 23 residential addiction treatment program licensed by the 24 Department of Health to provide addiction treatment services 25 using a therapeutic community model and determined by the 26 Department of Corrections to be qualified to provide addiction 27 treatment to eligible offenders. 28 "Community corrections center." A residential program that 29 is supervised and operated by the Department of Corrections for 30 inmates with prerelease status or who are on parole. 20050S0506B2110 - 17 -
1 "Court." The trial judge exercising sentencing jurisdiction 2 over an eligible offender under this chapter or the president 3 judge if the original trial judge is no longer serving as a 4 judge of the sentencing court. 5 "Defendant." An individual charged with a drug-related 6 offense. 7 "Department." The Department of Corrections of the 8 Commonwealth. 9 "Drug offender treatment program." An individualized 10 treatment program established by the Department of Corrections 11 consisting primarily of drug and alcohol addiction treatment 12 that satisfies the terms and conditions listed in section 9905 13 (relating to drug offender treatment program). 14 "Drug-related offense." A criminal offense for which a 15 defendant is convicted and that the court determines was 16 motivated by the defendant's consumption of or addiction to 17 alcohol or a controlled substance, counterfeit, designer drug, 18 drug, immediate precursor or marihuana, as those terms are 19 defined in the act of April 14, 1972 (P.L.233, No.64), known as 20 The Controlled Substance, Drug, Device and Cosmetic Act. 21 "Eligible offender." Subject to section 9721(a.1) (relating 22 to sentencing generally), a defendant designated by the 23 sentencing court as a person convicted of a drug-related offense 24 who: 25 (1) Has undergone an assessment performed by the 26 Department of Corrections, which assessment has concluded 27 that the defendant is in need of drug and alcohol addiction 28 treatment and would benefit from commitment to a drug 29 offender treatment program and that placement in a drug 30 offender treatment program would be appropriate. 20050S0506B2110 - 18 -
1 (2) Does not demonstrate a history of present or past 2 violent behavior. 3 (3) Would be placed in the custody of the department if 4 not sentenced to State intermediate punishment. 5 (4) Provides written consent permitting release of 6 information pertaining to the defendant's participation in a 7 drug offender treatment program. 8 The term shall not include a defendant who is subject to a 9 sentence the calculation of which includes an enhancement for 10 the use of a deadly weapon, as defined pursuant to law or the 11 sentencing guidelines promulgated by the Pennsylvania Commission 12 on Sentencing, or a defendant who has been convicted of a 13 personal injury crime as defined in section 103 of the act of 14 November 24, 1998 (P.L.882, No.111), known as the Crime Victims 15 Act, or an attempt or conspiracy to commit such a crime or who 16 has been convicted of violating 18 Pa.C.S. § 4302 (relating to 17 incest), 5901 (relating to open lewdness), 6312 (relating to 18 sexual abuse of children), 6318 (relating to unlawful contact 19 with minor) or 6320 (relating to sexual exploitation of 20 children) or Ch. 76 Subch. C (relating to Internet child 21 pornography). 22 "Expulsion." The permanent removal of a participant from a 23 drug offender treatment program. 24 "Group home." A residential program that is contracted out 25 by the Department of Corrections to a private service provider 26 for inmates with prerelease status or who are on parole. 27 "Individualized drug offender treatment plan." An 28 individualized addiction treatment plan within the framework of 29 the drug offender treatment program. 30 "Institutional therapeutic community." A residential drug 20050S0506B2110 - 19 -
1 treatment program in a State correctional institution, 2 accredited as a therapeutic community for treatment of drug and 3 alcohol abuse and addiction by the American Correctional 4 Association or other nationally recognized accreditation 5 organization for therapeutic community drug and alcohol 6 addiction treatment. 7 "Outpatient addiction treatment facility." An addiction 8 treatment facility licensed by the Department of Health and 9 designated by the Department of Corrections as qualified to 10 provide addiction treatment to criminal justice offenders. 11 "Participant." An eligible offender actually sentenced to 12 State intermediate punishment pursuant to section 9721(a)(7) 13 (relating to sentencing generally). 14 "Transitional residence." A residence investigated and 15 approved by the Department of Corrections as appropriate for 16 housing a participant in a drug offender treatment program. 17 § 9904. Referral to State intermediate punishment program. 18 (a) Referral for evaluation.-- 19 (1) Prior to imposing a sentence, the court may, upon 20 motion of the Commonwealth and agreement of the defendant, 21 commit a defendant to the custody of the department for the 22 purpose of evaluating whether the defendant would benefit 23 from a drug offender treatment program and whether placement 24 in the drug offender treatment program is appropriate. 25 (2) Upon committing a defendant to the department, the 26 court shall forward to the department: 27 (i) A summary of the offense for which the defendant 28 has been convicted. 29 (ii) Information relating to the defendant's history 30 of delinquency or criminality, including the information 20050S0506B2110 - 20 -
1 maintained by the court pursuant to Chapter 63 (relating 2 to juvenile matters), when available. 3 (iii) Information relating to the defendant's 4 history of drug or alcohol abuse or addiction, when 5 available. 6 (iv) A presentence investigation report, when 7 available. 8 (v) Any other information the court deems relevant 9 to assist the department with its assessment of the 10 defendant. 11 (b) Assessment of addiction.-- 12 (1) The department shall conduct an assessment of the 13 addiction and other treatment needs of a defendant and 14 determine whether the defendant would benefit from a drug 15 offender treatment program. The assessment shall be conducted 16 using a nationally recognized assessment instrument or an 17 instrument that has been normed and validated on the 18 department's inmate population by a recognized expert in such 19 matters. The assessment instrument shall be administered by 20 persons skilled in the treatment of drug and alcohol 21 addiction and trained to conduct assessments. The assessments 22 shall be reviewed and approved by a supervisor with at least 23 three years of experience providing drug and alcohol 24 counseling services. 25 (2) The department shall conduct risk and other 26 assessments it deems appropriate and shall provide a report 27 of its assessment to the court, the defendant, the attorney 28 for the Commonwealth and the commission within 60 days of the 29 court's commitment of the defendant to the custody of the 30 department. 20050S0506B2110 - 21 -
1 (c) Proposed drug offender treatment program.--If the 2 department in its discretion believes a defendant would benefit 3 from a drug offender treatment program and placement in the drug 4 offender treatment program is appropriate, the department shall 5 provide the court, the defendant, the attorney for the 6 Commonwealth and the commission with a proposed drug offender 7 treatment program detailing the type of treatment proposed. 8 (d) Prerequisites for commitment.--Upon receipt of a 9 recommendation for placement in a drug offender treatment 10 program from the department and agreement of the attorney for 11 the Commonwealth and the defendant, the court may sentence an 12 eligible offender to a period of 24 months of State intermediate 13 punishment if the court finds that: 14 (1) The eligible offender is likely to benefit from 15 State intermediate punishment. 16 (2) Public safety would be enhanced by the eligible 17 offender's participation in State intermediate punishment. 18 (3) Sentencing the eligible offender to State 19 intermediate punishment would not depreciate the seriousness 20 of the offense. 21 (e) Consecutive probation.--Nothing in this chapter shall 22 prohibit the court from sentencing an eligible offender to a 23 consecutive period of probation. The total duration of the 24 sentence may not exceed the maximum term for which the eligible 25 offender could otherwise be sentenced. 26 (f) Applicability and program limitations.--The court may 27 not modify or alter the terms of the department's proposed 28 individualized drug offender treatment plan without the 29 agreement of the department and the attorney for the 30 Commonwealth. 20050S0506B2110 - 22 -
1 (g) Videoconferencing.--The department shall make 2 videoconferencing facilities available to allow the court to 3 conduct proceedings necessary under this section when the 4 eligible offender has been committed to the custody of the 5 department pursuant to subsection (b). 6 § 9905. Drug offender treatment program. 7 (a) Establishment.--The department shall establish and 8 administer a drug offender treatment program as a State 9 intermediate punishment. The program shall be designed to 10 address the individually assessed drug and alcohol abuse and 11 addiction needs of a participant and shall address other issues 12 essential to the participant's successful reintegration into the 13 community, including, but not limited to, educational and 14 employment issues. 15 (b) Duration and components.--Notwithstanding any credit to 16 which the defendant may be entitled under section 9760 (relating 17 to credit for time served), the duration of the drug offender 18 treatment program shall be 24 months and shall include the 19 following: 20 (1) A period in a State correctional institution of not 21 less than seven months. This period shall include: 22 (i) The time during which the defendants are being 23 evaluated by the department under section 9904(b) 24 (relating to referral to State intermediate punishment 25 program). 26 (ii) Following evaluation under subparagraph (i), 27 not less than four months shall be in an institutional 28 therapeutic community. 29 (2) A period of treatment in a community-based 30 therapeutic community of at least two months. 20050S0506B2110 - 23 -
1 (3) A period of at least six months' treatment through 2 an outpatient addiction treatment facility. During the 3 outpatient addiction treatment period of the drug offender 4 treatment program, the participant may be housed in a 5 community corrections center or group home or placed in an 6 approved transitional residence. The participant must comply 7 with any conditions established by the department regardless 8 of where the participant resides during the outpatient 9 addiction treatment portion of the drug offender treatment 10 program. 11 (4) A period of supervised reintegration into the 12 community for the balance of the drug offender treatment 13 program, during which the participant shall continue to be 14 supervised by the department and comply with any conditions 15 imposed by the department. 16 (c) Program management.-- 17 (1) Consistent with the minimum time requirements set 18 forth in subsection (b), the department may transfer, at its 19 discretion, a participant between a State correctional 20 institution, an institutional therapeutic community, a 21 community-based therapeutic community, an outpatient 22 addiction treatment program and an approved transitional 23 residence. The department may also transfer a participant 24 back and forth between less restrictive and more restrictive 25 settings based upon the participant's progress or regression 26 in treatment or for medical, disciplinary or other 27 administrative reasons. 28 (2) This subsection shall be construed to provide the 29 department with the maximum flexibility to administer the 30 drug offender treatment program both as a whole and for 20050S0506B2110 - 24 -
1 individual participants. 2 (d) Right of refusal to admit.--The administrator of a 3 community-based therapeutic community or outpatient addiction 4 treatment facility may refuse to accept a participant whom the 5 administrator deems to be inappropriate for admission and may 6 immediately discharge to the custody of the department any 7 participant who fails to comply with facility rules and 8 treatment expectations or refuses to constructively engage in 9 the treatment process. 10 (e) Notice to court of completion of program.--When the 11 department determines that a participant has successfully 12 completed the drug offender treatment program, it shall notify 13 the sentencing court, the attorney for the Commonwealth and the 14 commission. 15 (f) Expulsion from program.-- 16 (1) A participant may be expelled from the drug offender 17 treatment program at any time in accordance with guidelines 18 established by the department, including failure to comply 19 with administrative or disciplinary procedures or 20 requirements set forth by the department. 21 (2) The department shall promptly notify the court, the 22 defendant, the attorney for the Commonwealth and the 23 commission of the expulsion of a participant from the drug 24 offender treatment program and the reason for such expulsion. 25 The participant shall be housed in a State correctional 26 institution or county jail pending action by the court. 27 (3) The court shall schedule a prompt State intermediate 28 punishment revocation hearing pursuant to section 9774 29 (relating to revocation of State intermediate punishment 30 sentence). 20050S0506B2110 - 25 -
1 § 9906. Written guidelines and regulations. 2 The department shall develop written guidelines for 3 participant selection criteria and the establishment of drug 4 offender treatment program selection committees within each 5 diagnostic and classification center of the department and shall 6 address suspensions and expulsions from the drug offender 7 treatment program. The guidelines shall not be subject to the 8 act of June 25, 1982 (P.L.633, No.181), known as the Regulatory 9 Review Act, and shall be effective for a period of two years 10 upon publication in the Pennsylvania Bulletin. The guidelines 11 shall be replaced by regulations promulgated by the department 12 consistent with the Regulatory Review Act within the two-year 13 period during which the guidelines are effective. The 14 regulations shall include a requirement that community-based 15 therapeutic communities utilized in the drug offender treatment 16 program be accredited as a therapeutic community for treatment 17 of drug and alcohol abuse and addiction by the Commission on 18 Accreditation of Rehabilitation Facilities or other nationally 19 recognized accreditation organization for community-based 20 therapeutic communities for drug and alcohol addiction 21 treatment. 22 § 9907. Reports. 23 (a) Final report.--The department shall provide a final 24 report to the court, the defendant, the attorney for the 25 Commonwealth and the commission on a participant's progress in 26 the drug offender treatment program. 27 (b) Evaluation and report to General Assembly.--The 28 department and the commission shall monitor and evaluate the 29 drug offender treatment program to ensure that the programmatic 30 objectives are met. In odd-numbered years, the department shall 20050S0506B2110 - 26 -
1 present a report of its evaluation to the Judiciary Committee of 2 the Senate and the Judiciary Committee of the House of 3 Representatives no later than February 1. In even-numbered 4 years, the commission shall present a report of its evaluation 5 to the Judiciary Committee of the Senate and the Judiciary 6 Committee of the House of Representatives no later than February 7 1. The report shall include: 8 (1) The number of offenders evaluated for the drug 9 offender treatment program. 10 (2) The number of offenders sentenced to the drug 11 offender treatment program. 12 (3) The number of offenders sentenced to a State 13 correctional institution who may have been eligible for the 14 drug offender treatment program. 15 (4) The number of offenders successfully completing the 16 drug offender treatment program. 17 (5) The six-month, one-year, three-year and five-year 18 recidivism rates for offenders who have completed the drug 19 offender treatment program and for a comparison group of 20 offenders who were not placed in the drug offender treatment 21 program. 22 (6) Any changes the department or the commission 23 believes will make the drug offender treatment program more 24 effective. 25 § 9908. Construction. 26 Notwithstanding any other provision of law to the contrary, 27 this chapter shall not be construed to: 28 (1) Confer any legal right upon any individual, 29 including an individual participating in the drug offender 30 treatment program, to: 20050S0506B2110 - 27 -
1 (i) participate in a drug offender treatment 2 program; 3 (ii) continue participation in a drug offender 4 treatment program; 5 (iii) modify the contents of the drug offender 6 treatment program; or 7 (iv) file any cause of action in any court 8 challenging the department's determination that a 9 participant be suspended or expelled from or that a 10 participant has successfully completed or failed to 11 successfully complete treatment to be provided during any 12 portion of a drug offender treatment program. 13 (2) Enlarge or limit the right of a participant to 14 appeal the participant's sentence. 15 § 9909. Evaluation. 16 The department and the commission shall monitor and evaluate 17 the motivational boot camp program under the act of December 19, 18 1990 (P.L.1391, No.215), known as the Motivational Boot Camp 19 Act, to ensure that the programmatic objectives are met. In 20 even-numbered years, the department shall present a report of 21 its evaluation to the Judiciary Committee of the Senate and the 22 Judiciary Committee of the House of Representatives no later 23 than February 1. In odd-numbered years, the commission shall 24 present a report of its evaluation to the Judiciary Committee of 25 the Senate and the Judiciary Committee of the House of 26 Representatives no later than February 1.] 27 Section 3. Title 42 is amended by adding a chapter to read: 28 CHAPTER 99 29 OTHER CRIMINAL PROVISIONS 30 Subchapter 20050S0506B2110 - 28 -
1 A. County Probation Officers 2 SUBCHAPTER A 3 COUNTY PROBATION OFFICERS 4 Sec. 5 9911. Definitions. 6 9912. Supervisory relationship to offenders. 7 9913. Peace officer power for probation officers. 8 § 9911. Definitions. 9 The following words and phrases when used in this subchapter 10 shall have the meanings given in this section unless the context 11 clearly indicates otherwise: 12 "ARD." Accelerated Rehabilitative Disposition. 13 "Conditions of supervision." Any terms or conditions of an 14 offender's supervision whether imposed by the court or an 15 officer, including compliance with all requirements of Federal, 16 State and local law. 17 "Contraband." Any item that an offender is not permitted to 18 possess under the conditions of supervision, including any item 19 whose possession is forbidden by any Federal, State or local 20 law. 21 "Court." The court of common pleas or any judge thereof, the 22 Philadelphia Municipal Court or any judge thereof, the 23 Pittsburgh Magistrates Court or any judge thereof or any 24 magisterial district judge. 25 "Exigent circumstances." The term includes, but is not 26 limited to, suspicion that contraband or other evidence of 27 violations of the conditions of supervision might be destroyed 28 or suspicion that a weapon might be used. Exigent circumstances 29 always exist with respect to a vehicle. 30 "Offender." A person released on county probation, 20050S0506B2110 - 29 -
1 intermediate punishment or county parole. The term shall not 2 include any person serving a period of probation pursuant to 3 Accelerated Rehabilitative Disposition, except as authorized 4 under section 6362(b) (relating to supervisory relationship to <-- 5 offenders) (RELATING TO DISPOSITION OF RESIDENT CHILD RECEIVED <-- 6 FROM ANOTHER STATE). 7 "Officer." A probation or parole officer appointed or 8 employed by any court or by any county department of probation 9 and parole to supervise persons released on county probation or 10 parole. 11 "Personal search." A warrantless search of an offender's 12 person, including, but not limited to, the offender's clothing 13 and any personal property which is in the possession, within the 14 reach or under the control of the offender. 15 "Property search." A warrantless search of real property, 16 vehicle or personal property which is in the possession or under 17 the control of an offender. 18 "Real property." Any residence or business property of an 19 offender, including all portions of the property to which the 20 offender has access. 21 "Supervisor." An individual acting in a supervisory or 22 administrative capacity. 23 § 9912. Supervisory relationship to offenders. 24 (a) General rule.--Officers are in a supervisory 25 relationship with their offenders. The purpose of this 26 supervision is to assist the offenders in their rehabilitation 27 and reassimilation into the community and to protect the public. 28 (b) Searches and seizures authorized.-- 29 (1) Officers and, where they are responsible for the 30 supervision of county offenders, State parole agents may 20050S0506B2110 - 30 -
1 search the person and property of offenders in accordance 2 with the provisions of this section. 3 (2) (i) Officers may search, in accordance with the 4 provisions of this section, the person and property of 5 any offender who accepts ARD as a result of a charge of a 6 violation of 18 Pa.C.S. Ch. 31 (relating to sexual 7 offenses) if the court has determined that the offender 8 shall be subject to personal and property searches as a 9 condition of the offender's participation in the ARD 10 program. 11 (ii) The court shall notify each offender so offered 12 ARD, prior to admission to an ARD program, that the 13 offender shall be subject to searches in accordance with 14 this section. 15 (iii) Nothing in this section shall be construed to 16 permit searches or seizures in violation of the 17 Constitution of the United States or section 8 of Article 18 I of the Constitution of Pennsylvania. 19 (c) Effect of violation.--No violation of this section shall 20 constitute an independent ground for suppression of evidence in 21 any probation and parole or criminal proceeding. 22 (d) Grounds for personal search.-- 23 (1) A personal search of an offender may be conducted by 24 an officer: 25 (i) if there is a reasonable suspicion to believe 26 that the offender possesses contraband or other evidence 27 of violations of the conditions of supervision; 28 (ii) when an offender is transported or taken into 29 custody; or 30 (iii) upon an offender entering or leaving the 20050S0506B2110 - 31 -
1 securing enclosure of a correctional institution, jail or 2 detention facility. 3 (2) A property search may be conducted by an officer if 4 there is reasonable suspicion to believe that the real or 5 other property in the possession of or under the control of 6 the offender contains contraband or other evidence of 7 violations of the conditions of supervision. 8 (3) Prior approval of a supervisor shall be obtained for 9 a property search absent exigent circumstances. No prior 10 approval shall be required for a personal search. 11 (4) A written report of every property search conducted 12 without prior approval shall be prepared by the officer who 13 conducted the search and filed in the offender's case record. 14 The exigent circumstances shall be stated in the report. 15 (5) The offender may be detained if he is present during 16 a property search. If the offender is not present during a 17 property search, the officer in charge of the search shall 18 make a reasonable effort to provide the offender with notice 19 of the search, including a list of the items seized, after 20 the search is completed. 21 (6) The existence of reasonable suspicion to search 22 shall be determined in accordance with constitutional search 23 and seizure provisions as applied by judicial decision. In 24 accordance with such case law, the following factors, where 25 applicable, may be taken into account: 26 (i) The observations of officers. 27 (ii) Information provided by others. 28 (iii) The activities of the offender. 29 (iv) Information provided by the offender. 30 (v) The experience of the officers with the 20050S0506B2110 - 32 -
1 offender. 2 (vi) The experience of officers in similar 3 circumstances. 4 (vii) The prior criminal and supervisory history of 5 the offender. 6 (viii) The need to verify compliance with the 7 conditions of supervision. 8 (e) Nonresident offenders.--No officer shall conduct a 9 personal or property search of an offender who is residing in a 10 foreign state except for the limited purposes permitted under 11 the Interstate Compact for the Supervision of Parolees and 12 Probationers. The offender is held accountable to the rules of 13 both the sending state and the receiving state. Any personal or 14 property search of an offender residing in another state shall 15 be conducted by an officer of the receiving state. 16 (f) When authority is effective.--The authority granted to 17 the officers under this section shall be effective upon 18 enactment of this section, without the necessity of any further 19 regulation by the board. 20 § 9913. Peace officer power for probation officers. 21 An officer is declared to be a peace officer and shall have 22 police powers and authority throughout this Commonwealth to 23 arrest with or without warrant, writ, rule or process any person 24 on probation, intermediate punishment or parole under the 25 supervision of the court for failing to report as required by 26 the terms of that person's probation, intermediate punishment or 27 parole or for any other violation of that person's probation, 28 intermediate punishment or parole. 29 Section 4. The heading of Title 61 is amended and the title 30 is amended by adding parts to read: 20050S0506B2110 - 33 -
1 TITLE 61
2 [PENAL AND CORRECTIONAL INSTITUTIONS]
3 PRISONS AND PAROLE
4 PART I
5 GENERAL PROVISIONS
6 Chapter
7 1. Preliminary Provisions
8 CHAPTER 1
9 PRELIMINARY PROVISIONS
10 Sec.
11 101. Short title of title.
12 102. Definitions.
13 § 101. Short title of title.
14 This title shall be known and may be cited as the Prisons and
15 Parole Code.
16 § 102. Definitions.
17 The following words and phrases when used in this title shall
18 have the meanings given to them in this section unless the
19 context clearly indicates otherwise:
20 "Board." The Pennsylvania Board of Probation and Parole.
21 "Chief administrator." The warden, superintendent or other
22 officer in charge of a correctional institution.
23 "Correctional institution." A State correctional institution
24 or a county correctional institution.
25 "Corrections officer." A person employed at a correctional
26 institution to provide any security or custodial service for
27 inmates.
28 "County correctional institution." A correctional facility,
29 prison or jail owned or operated by a county.
30 "Department." The Department of Corrections of the
20050S0506B2110 - 34 -
1 Commonwealth. 2 "Inmate." A person committed to a term of imprisonment or 3 otherwise confined under the custody of the Commonwealth or a 4 county in a correctional institution in accordance with law. 5 "Secretary." The Secretary of Corrections of the 6 Commonwealth. 7 "State correctional institution." A correctional facility, 8 prison or jail owned or operated by the Commonwealth. 9 PART II 10 CORRECTIONAL INSTITUTIONS 11 Chapter 12 11. General Administration 13 13. (Reserved) 14 15. (Reserved) 15 17. County Correctional Institutions 16 CHAPTER 11 17 GENERAL ADMINISTRATION 18 Subchapter 19 A. Penal Operations and Procedures 20 B. Inmate Transfers 21 C. Escaped Inmates 22 SUBCHAPTER A 23 PENAL OPERATIONS AND PROCEDURES 24 Sec. 25 1101. Benefits to injured employees of State correctional 26 institutions. 27 1102. Correctional facility for criminological diagnosis. 28 1103. Recording system for identification of criminal 29 offenders. 30 § 1101. Benefits to injured employees of State correctional 20050S0506B2110 - 35 -
1 institutions. 2 (a) General rule.--An employee of a State correctional 3 institution who is injured during the course of that employment 4 by an act of an inmate or by any person who has been committed 5 to the State correctional institution by any court of the 6 Commonwealth or by any provision of the act of July 9, 1976 7 (P.L.817, No.143), known as the Mental Health Procedures Act, 8 shall be paid by the Commonwealth the employee's full salary 9 until the disability arising from the injury no longer prevents 10 the employee's return as an employee of the department at a 11 salary equal to that earned by the employee at the time of the 12 injury. 13 (b) Medical and hospital expenses.--All medical and hospital 14 expenses incurred in connection with an injury described in 15 subsection (a) shall be paid by the Commonwealth until the 16 disability arising from the injury no longer prevents the 17 employee's return as an employee of the department at a salary 18 equal to that earned by the employee at the time of the injury. 19 (c) Workers' compensation.--During the time salary for an 20 injury described in subsection (a) shall be paid by the 21 Commonwealth, any workers' compensation received or collected 22 for the period shall be turned over to the Commonwealth and paid 23 into the General Fund. If such payment is not made, the amount 24 due the Commonwealth shall be deducted from any salary then or 25 thereafter becoming due and owing to the employee. 26 (d) Survivor benefits.-- 27 (1) The surviving spouse and minor dependents of an 28 employee who dies within one year as a result of an injury 29 described in subsection (a) shall be paid benefits equal to 30 50% of the full salary of the deceased employee. 20050S0506B2110 - 36 -
1 (2) (i) When a surviving spouse and minor dependents 2 not in the custody of the surviving spouse are entitled 3 to payments, 50% of the payments shall be paid to the 4 surviving spouse and 50% to the dependents. 5 (ii) In every case the amount payable to minor 6 dependents shall be divided equally among them and be 7 paid to the persons or institutions having custody of 8 them. 9 (3) (i) In the case of a surviving spouse or a 10 surviving spouse with minor dependents in the custody of 11 the surviving spouse, the benefits shall terminate when 12 the surviving spouse remarries. 13 (ii) In the case of minor dependents, except when in 14 the custody of a remarried surviving spouse, the benefits 15 shall terminate when all of the minor dependents become 16 18 years of age. 17 (iii) Neither a surviving spouse nor minor 18 dependents shall receive any benefits under this section 19 while receiving benefits under the Social Security Act 20 (49 Stat. 620, 42 U.S.C. § 301 et seq.). 21 (4) The benefits provided under this subsection shall be 22 reduced by the amount of any workers' compensation benefits 23 received or collected by the surviving spouse or minor 24 dependents because of the same injury. 25 (5) Payments for the benefit of minor dependents shall 26 be made to the person having legal custody of them. 27 (e) Effect of injury on leave of absence.--No absence from 28 duty of any State employee to whom this section applies by 29 reason of any injury described in subsection (a) shall in any 30 manner be deducted from any period of leave allowed the employee 20050S0506B2110 - 37 -
1 by law or by regulation. 2 § 1102. Correctional facility for criminological diagnosis. 3 (a) Establishment.--There is hereby established a 4 correctional facility for criminological diagnosis, 5 classification, social and psychological treatment and research, 6 medical treatment and staff training. 7 (b) Operation and management.--The department shall operate 8 and manage the correctional facility established under this 9 section, including staff training and the treatment, care, 10 maintenance, employment and rehabilitation of the inmates in 11 that facility. 12 § 1103. Recording system for identification of criminal 13 offenders. 14 (a) General rule.--The Pennsylvania State Police shall 15 continue to procure and file for record photographs, pictures, 16 descriptions, fingerprints and such other information pertaining 17 to all persons who have been convicted of a criminal offense 18 within this Commonwealth and also of all well-known and habitual 19 criminal offenders, wherever they may be procured. 20 (b) Cooperation from chief administrators.--Chief 21 administrators of correctional facilities shall furnish to the 22 Pennsylvania State Police, upon request, the fingerprints, 23 photographs and description of any inmate. 24 (c) Fingerprinting and photographing authorized.-- 25 (1) The Pennsylvania State Police, chief administrators 26 of correctional facilities and all police officers within the 27 several political subdivisions of this Commonwealth may take 28 or cause to be taken the fingerprints or photographs of any 29 person in custody, charged with the commission of a criminal 30 offense or reasonably believed to be a fugitive from justice 20050S0506B2110 - 38 -
1 or a habitual criminal. This paragraph shall not apply to 2 persons charged with a violation of 75 Pa.C.S. (relating to 3 vehicles) which is punishable upon conviction in a summary 4 proceeding unless the person is reasonably believed to be a 5 fugitive from justice or a habitual criminal. 6 (2) The chiefs of law enforcement bureaus of all cities 7 within this Commonwealth shall furnish daily to the 8 Pennsylvania State Police copies of the fingerprints and, if 9 possible, photographs of any person arrested within their 10 jurisdiction charged with the commission of a criminal 11 offense classified as a felony of any degree, or who is 12 reasonably believed to be a fugitive from justice or a 13 habitual criminal. Such fingerprints shall be taken on forms 14 furnished or approved by the Pennsylvania State Police. 15 (3) The Pennsylvania State Police immediately upon the 16 receipt of records under this subsection shall compare them 17 with those already in their files and, if they find that any 18 person arrested has a previous criminal record or is a 19 fugitive from justice, shall immediately inform the arresting 20 officer or the officer having the inmate in charge of that 21 fact. 22 (d) Cooperation outside this Commonwealth.--The Pennsylvania 23 State Police shall cooperate with agencies of other states and 24 of the United States having similar powers to develop and carry 25 on a complete interstate, national and international system of 26 criminal identification and investigation and also to furnish, 27 upon request, any information in its possession concerning any 28 person charged with a criminal offense to any court, district 29 attorney or police officer of this Commonwealth, another state 30 or the United States. 20050S0506B2110 - 39 -
1 (e) District attorneys may employ experts.-- 2 (1) District attorneys may employ experts on 3 fingerprints to assist them in the investigation of pending 4 cases and to testify at the trial thereof. The compensation 5 of any such expert shall be fixed by the district attorney 6 employing the expert, with the approval of the court of 7 common pleas, and shall be paid from the county treasury upon 8 warrant of the county commissioners in the usual manner. 9 (2) The district attorney of any county, the chief 10 administrator of a county correctional institution, any 11 expert employed by the district attorney or any other person 12 designated by the district attorney may, upon the written 13 order of the district attorney, take the fingerprints of any 14 person confined in the county correctional institution for 15 use in the identification of the inmate or for the inmate's 16 trial. 17 (3) (i) The district attorneys of the several counties 18 shall keep and arrange files of the fingerprints, taken 19 under this section, of persons convicted of a criminal 20 offense and shall destroy the fingerprints of all persons 21 acquitted. 22 (ii) The files of fingerprints maintained by the 23 district attorneys shall be open to the inspection of any 24 other district attorney of this Commonwealth, or their 25 representatives, or of the Pennsylvania State Police or 26 any sheriff or law enforcement officer. 27 (f) Penalty.-- 28 (1) Neglect or refusal of any person mentioned in this 29 section to make the report required in this section, or to do 30 or perform any other act required to be done or performed in 20050S0506B2110 - 40 -
1 connection with the operation of this section, shall 2 constitute a summary offense. 3 (2) Such neglect or refusal shall also constitute 4 malfeasance in office and subject such person to removal from 5 office. 6 (3) Any person who removes, destroys or mutilates any of 7 the records of the Pennsylvania State Police or of any 8 district attorney shall be guilty of a misdemeanor of the 9 third degree. 10 SUBCHAPTER B 11 INMATE TRANSFERS 12 Sec. 13 1151. General transfer authorization. 14 1152. Transfers to department. 15 1153. Expense of removing certain inmates. 16 1154. Law enforcement use of county correctional institutions. 17 § 1151. General transfer authorization. 18 (a) County to State.--At the request of the chief 19 administrator of a county correctional institution, the 20 secretary or his designee may transfer inmates located in a 21 county correctional institution to the State correctional 22 institution system for such reasons and upon such terms and 23 conditions as the secretary may determine. The secretary or his 24 designee may transfer inmates in the State correctional 25 institution system to the jurisdiction of a county correctional 26 institution system upon such terms and conditions that the 27 secretary or his designee and the chief administrator of the 28 county correctional institution determine to be in the best 29 interests of the Commonwealth. 30 (b) County to county.--An inmate located in a county 20050S0506B2110 - 41 -
1 correctional institution may be transferred to another county 2 correctional institution upon such terms and conditions as the 3 counties may determine. 4 (c) Federal to county or State.--The department and county 5 correctional institutions may contract with the Federal 6 Government for the housing of Federal inmates in correctional 7 facilities. 8 (D) TEMPORARY TRANSFERS.--THE FOLLOWING SHALL APPLY TO <-- 9 TEMPORARY TRANSFERS: 10 (1) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II), THE 11 STATE CORRECTIONAL SYSTEM SHALL TRANSFER AN INMATE 12 CONFINED IN THE STATE CORRECTIONAL SYSTEM TEMPORARILY TO 13 A STATE CORRECTIONAL INSTITUTION LOCATED NEAREST TO THE 14 LOCATION OF THE JUDICIAL PROCEEDING. 15 (II) IN COUNTIES OF THE FIRST AND SECOND CLASS THE 16 DEPARTMENT OF CORRECTIONS MAY DESIGNATE REASONABLY 17 ACCESSIBLE ALTERNATIVE FACILITIES THAT ARE LOCATED NO 18 MORE THAN 100 MILES FROM THE LOCATION OF THE JUDICIAL 19 PROCEEDING. 20 (2) THE DEPARTMENT OF CORRECTIONS SHALL NOT BE REQUIRED 21 TO TEMPORARILY TRANSFER ANY INMATE UNDER THIS SUBSECTION 22 UNLESS ALL OF THE FOLLOWING APPLY: 23 (I) A COURT OF THE COMMONWEALTH, INCLUDING A COURT 24 OF COMMON PLEAS, HAS ENTERED AN ORDER DIRECTING THE 25 PRESENCE OF THE INMATE FOR A JUDICIAL PROCEEDING. 26 (II) THE COURT HAS FOUND THAT THE INMATE'S PRESENCE 27 IS REQUIRED FOR THE JUDICIAL PROCEEDING AND THAT THE 28 PENNSYLVANIA CONSTITUTION DOES NOT PERMIT THE INMATE'S 29 TESTIMONY OR PARTICIPATION IN THE PROCEEDINGS TO BE 30 CONDUCTED BY VIDEOCONFERENCING TECHNOLOGY. 20050S0506B2110 - 42 -
1 (3) THE DEPARTMENT OF CORRECTIONS MAY ESTABLISH 2 REASONABLE REGULATIONS FOR THE IMPLEMENTATION OF THIS 3 SUBSECTION IN ACCORDANCE WITH ALL OF THE FOLLOWING: 4 (I) THE DEPARTMENT OF CORRECTIONS MAY REQUIRE NOTICE 5 OF UP TO SEVEN DAYS FOR A TEMPORARY TRANSFER ORDER. 6 (II) THE DEPARTMENT OF CORRECTIONS MAY RETURN AN 7 INMATE TO THE INMATE'S HOME CORRECTIONAL INSTITUTION UPON 8 COMPLETION OF THE JUDICIAL PROCEEDINGS. 9 (III) THE DEPARTMENT OF CORRECTIONS MAY CHOOSE WHICH 10 CORRECTIONAL FACILITY WITHIN 100 MILES OF THE JUDICIAL 11 PROCEEDING LOCATION SHALL SERVE AS THE TEMPORARY TRANSFER 12 FACILITY. 13 (IV) THE DEPARTMENT OF CORRECTIONS MAY REQUIRE THAT 14 THE INMATE BE REMOVED FROM THE STATE CORRECTIONAL 15 FACILITY AND DETAINED IN THE COUNTY PRISON IF THE INMATE 16 HAS BEEN TEMPORARILY TRANSFERRED MORE THAN TWICE IN THE 17 PRECEDING 12 MONTHS OR THE JUDICIAL PROCEEDINGS ARE 18 SCHEDULED FOR MORE THAN ONE WEEK. 19 § 1152. Transfers to department. 20 (a) Cities of the first class.--Every person sentenced by 21 any court to a county correctional institution situate in a city 22 of the first class shall be committed to the custody of the 23 department, where the department has established a correctional, 24 diagnostic and classification service for persons convicted of 25 any crime. 26 (b) Duty of department.-- 27 (1) Every person committed to the custody of the 28 department under subsection (a) shall be confined, diagnosed 29 and classified by the department. 30 (2) Upon the completion of the diagnosis and 20050S0506B2110 - 43 -
1 classification, the person shall be placed in the county 2 correctional institution of the city determined to be most 3 appropriate for the service of sentence. 4 (3) In making the determination under paragraph (2), the 5 department shall consider the problem of rehabilitation, 6 security, adequacy of facilities and such other factors as, 7 in its opinion, will serve to promote the rehabilitation of 8 inmates, consistent with the security and protection of the 9 county. 10 (c) Intradepartmental transfers.--The department may 11 transfer between any correctional institutions under its control 12 or supervision an inmate confined and serving in any of those 13 institutions, whether the sentence is imposed before or after 14 the effective date of this section, if the transfer is, in the 15 opinion of the department, consistent with the standards for 16 original placement set forth in subsection (b). 17 § 1153. Expense of removing certain inmates. 18 The expenses of conveying inmates from the several counties 19 of this Commonwealth to the State correctional institutions in 20 the Eastern Region and Western Region shall be paid by the 21 counties from which the inmates may be sent. 22 § 1154. Law enforcement use of county correctional 23 institutions. 24 (a) General rule.--Sheriffs, constables, members of the 25 Pennsylvania State Police and other persons authorized by the 26 laws of this Commonwealth to make arrests shall have the use, 27 for a period not to exceed 48 hours, of borough and township 28 lockups and county correctional institutions for the detention 29 of persons arrested until they can be disposed of according to 30 law, if found necessary by the officer in charge. 20050S0506B2110 - 44 -
1 (b) Reimbursement.-- 2 (1) Boroughs, cities and townships are entitled to 3 receive compensation of not more than $2 per day of 24 hours, 4 for each prisoner detained under subsection (a), from the 5 treasury of the county having jurisdiction over the person 6 detained. 7 (2) This subsection does not apply to counties of the 8 second class. 9 SUBCHAPTER C 10 ESCAPED INMATES 11 Sec. 12 1161. Return of escaped inmates. 13 1162. Escaped inmate costs. 14 1163. Maintenance of escaping inmates under new sentence. 15 1164. Criminal offense during confinement. 16 § 1161. Return of escaped inmates. 17 (a) General rule.--In all cases where an inmate after an 18 escape from a State correctional institution is apprehended or 19 arrested by any officer having authority to make such arrest, 20 the officer shall notify the State correctional institution from 21 which the escape was made. The State correctional institution 22 shall notify the department or the Pennsylvania State Police, 23 who shall immediately send an officer or officers to return the 24 inmate to the State correctional institution. 25 (b) Expenses.--All necessary expenses incurred by the 26 officer or officers in returning an escaped inmate to the State 27 correctional institution shall be borne by the State 28 correctional institution from which the escape was made, which 29 expenses shall be refunded to the county correctional 30 institution or the Pennsylvania State Police whose officer or 20050S0506B2110 - 45 -
1 agent makes the return. 2 § 1162. Escaped inmate costs. 3 (a) County jurisdiction.-- 4 (1) The cost of transporting an escaped inmate under the 5 jurisdiction of the county from the place of capture to any 6 county correctional institution after being sentenced for the 7 escape or for the commission of any crime or offense 8 following such escape and before apprehension, the cost of 9 maintenance while confined in the county correctional 10 institution awaiting trial, as well as the costs of the trial 11 for the violation by an inmate under the jurisdiction of the 12 county under 18 Pa.C.S. § 5121 (relating to escape), or of 13 the trial for crimes and offenses committed after the escape 14 and before apprehension, or of the trial for crimes and 15 offenses committed on the grounds or within the buildings of 16 any county correctional institution, as well as the costs 17 incurred in any proceedings on writs of habeas corpus, coram 18 nobis or other petitions arising out of any escape or crime 19 or the trials therefor or in any appeals of any such 20 proceedings or trials shall in each instance be borne and 21 paid by the respective counties of the Commonwealth from 22 whose courts the inmates were originally committed to any 23 county correctional institution. 24 (2) The county liable for costs under this subsection 25 shall, upon bills rendered by the county paying the costs in 26 the first instance, pay to that county the amount of the 27 costs. 28 (b) State jurisdiction.--The cost of transporting escaped 29 inmates under the jurisdiction of the Commonwealth from the 30 place of capture to any State correctional institution after 20050S0506B2110 - 46 -
1 being sentenced for the escape, or for the commission of any 2 criminal offense following the escape and before apprehension, 3 as well as the costs of the trial for escape or breaking away of 4 inmates from any State correctional institution or the violation 5 by the inmates under the jurisdiction of the Commonwealth under 6 18 Pa.C.S. § 5121, or of the trial for crimes and offenses 7 committed after such escape and before apprehension, or of the 8 trial for crimes and offenses committed on the grounds or within 9 the buildings of any State correctional institution, as well as 10 the costs incurred in any proceedings on writs of habeas corpus, 11 coram nobis or other petitions arising out of any escape or 12 criminal offense or the trials therefor, or in any appeals of 13 any such proceedings or trials, shall in each instance be borne 14 and paid by the Commonwealth. 15 (c) Definition.--As used in this section, the term "costs" 16 includes, but is not limited to, charges for court stenographer, 17 district attorney, witness fees, magisterial district judge, 18 clerk of court, public defender and court-appointed attorney. 19 § 1163. Maintenance of escaping inmates under new sentence. 20 (a) County jurisdiction.--In case of conviction and sentence 21 of an escaping inmate under the jurisdiction of the county, the 22 costs of maintenance of the inmates under such new sentence 23 shall be borne by the county from which the inmate was 24 originally committed. 25 (b) State jurisdiction.--In case of conviction and sentence 26 of an escaping inmate under the jurisdiction of the 27 Commonwealth, the costs of maintenance of the inmate under such 28 new sentence shall be borne by the Commonwealth. 29 (c) Additional police expenses.--Any additional police 30 expenses incurred by a political subdivision as a result of the 20050S0506B2110 - 47 -
1 escape of an inmate under the jurisdiction of the Commonwealth 2 shall be borne by the Commonwealth. 3 § 1164. Criminal offense during confinement. 4 Where an inmate is in a State correctional institution either 5 because of the inmate's sentence pursuant to the inmate's 6 conviction or plea of guilty to a criminal charge or because of 7 a commitment issued by any court of the Commonwealth having 8 jurisdiction and, while so confined, the inmate commits a 9 criminal offense and is subsequently convicted or enters a plea 10 of guilty, the expenses of keeping the inmate in any State 11 correctional institution pursuant to such subsequent conviction 12 or plea of guilty shall be borne by the Commonwealth. 13 CHAPTER 13 14 (RESERVED) 15 CHAPTER 15 16 (RESERVED) 17 CHAPTER 17 18 COUNTY CORRECTIONAL INSTITUTIONS 19 Subchapter 20 A. Counties and Cities of the First Class 21 B. County Jail Oversight Board in Counties of the Second 22 Class and Second Class A 23 C. Other Counties 24 D. Alternative Plan for Certain Counties 25 E. Penal Operations and Procedures 26 F. Joint Detention Centers 27 G. Joint Industrial Farms and Workhouses 28 SUBCHAPTER A 29 COUNTIES AND CITIES OF THE FIRST CLASS 30 Sec. 20050S0506B2110 - 48 -
1 1701. Appropriations for improvements, railroad connection
2 and commitments.
3 1702. Arrest of disorderly minors.
4 1703. Commitment of disorderly minors and appeal.
5 1704. Employment of inmates.
6 1705. Punishment for destroying property OFFENSES. <--
7 1706. Supplies and reports.
8 1707. Deficiency in maintenance.
9 1708. Habeas corpus.
10 1709. Extension of powers.
11 1710. Annual statement.
12 1710.1. Name of jail and appointment of inspectors.
13 1710.2. Duties of physician.
14 1710.3. Visitors to have permission in writing.
15 1710.4. Treatment of inmates on discharge.
16 1710.5. County of the first class to supply deficiency in
17 furnishing and maintaining prison.
18 1710.6. Inmates sentenced for less than two years to county
19 prison.
20 1710.7. Coroner of first class county not to hold inquests on
21 convicts, except in certain cases.
22 1710.8. Inspectors to discharge inmates.
23 1710.9. Treatment of inmates convicted of capital offenses.
24 1710.10. Cities of the first class.
25 § 1701. Appropriations for improvements, railroad connection
26 and commitments.
27 Whenever the Board of Trustees of the Philadelphia Prison
28 System shall desire to make any additional permanent improvement
29 or purchase additional ground and shall recommend that the same
30 be done, then the city council of the City of Philadelphia shall
20050S0506B2110 - 49 -
1 make all necessary appropriations asked for by the board for the 2 purposes so recommended. The board of the Philadelphia Prison 3 System shall superintend and direct the erection, completion and 4 furnishing of the buildings during the progress of the work. The 5 board may extend from their property a single track railroad 6 along and over such lands as may intervene between their ground 7 and the Philadelphia and Trenton Railroad Company, and connect 8 therewith, provided the railroad company assents thereto (the 9 distance of the road not to exceed 2,000 yards), and to purchase 10 right-of-way over the land to Philadelphia and Trenton Railroad, 11 and to erect wharves upon their property. 12 § 1702. Arrest of disorderly minors. 13 Upon complaint made on oath to any magisterial district judge 14 against a child who is at least 16 years of age and who resides 15 within a city of the first class by the child's parent or 16 guardian or other person standing to the child in place of a 17 parent as being disorderly, the magisterial district judge shall 18 issue a warrant for the apprehension of the offender and cause 19 the offender to be brought before himself or any other 20 magisterial district judge for examination. 21 § 1703. Commitment of disorderly minors and appeal. 22 If a magisterial district judge is satisfied by competent 23 testimony that a person is a disorderly child within the meaning 24 of this subchapter, he shall make up and sign a record of 25 conviction and shall by warrant commit the person to the 26 Philadelphia Prison System. The powers and duties of the Board 27 of Trustees of the Philadelphia Prison System in relation to the 28 children shall be the same in all things as are prescribed as to 29 other minors received by them. The magisterial district judge, 30 in addition to the record of conviction, shall annex the names 20050S0506B2110 - 50 -
1 and addresses of the different witnesses examined before him and 2 the substance of the testimony given by them, respectively, on 3 which the conviction was founded, provided that any person 4 committed shall have the same right of appeal as is secured by 5 law to persons convicted of criminal offenses, but on such 6 appeal, mere informality in the issuing of any warrant shall not 7 be held to be sufficient cause for granting a discharge. 8 § 1704. Employment of inmates. 9 Every inmate in the custody of the Philadelphia Prison System 10 not disqualified by sickness or casualty shall be employed by 11 the chief administrator in quarrying stone, cultivating the 12 ground, manufacturing such articles as may be needed for the 13 prison, other public institution of the State or city of the 14 first class or for other persons and at such other labor as 15 shall, upon trial, be found to be profitable to the institution 16 and suitable to its proper discipline and the health and 17 capacities of the inmates. The chief administrator may detail 18 such numbers of the inmates as he may regard proper to do the 19 work outside the grounds of the institution for any of the 20 departments or institutions of the city of the first class or 21 for such other persons as may be approved by the board of 22 managers. 23 § 1705. Offenses. 24 (a) Destruction of property.--Any inmate of the Philadelphia 25 Prison System who shall willfully break, destroy or injure any 26 material, machinery, tool, property or thing belonging to the 27 Philadelphia Prison System commits a misdemeanor of the third 28 degree. 29 (b) Escape.--Any inmate of the Philadelphia Prison System 30 who shall escape therefrom shall be charged with the offense of 20050S0506B2110 - 51 -
1 escape set forth in 18 Pa.C.S. § 5121 (relating to escape). 2 § 1706. Supplies and reports. 3 The prison commissioner shall make a monthly requisition on 4 the Board of Trustees of the Philadelphia Prison System for all 5 articles which the chief administrator shall deem necessary for 6 the institution, and such as shall be approved by them shall be 7 purchased. The prison commissioner shall, once in every month, 8 report to the board of trustees the number of inmates committed, 9 discharged, sick, dead or remaining in the institution and the 10 quality and kind of labor performed. The board of trustees shall 11 transmit annually to the city council a condensed statement of 12 the finances of the institution. 13 § 1707. Deficiency in maintenance. 14 For any deficiency in furnishing, keeping and maintaining the 15 Philadelphia Prison System, in conformity with the provisions of 16 this subchapter, the trustees may apply to the city council for 17 such sum or sums as shall be necessary; and the city council 18 shall appropriate the sum or sums deemed necessary. 19 § 1708. Habeas corpus. 20 Any person committed to the Philadelphia Prison System by any 21 other authority than the court of common pleas of the county of 22 the first class may apply for a writ of habeas corpus to any 23 judge of the court. Upon return of the writ, if the judge deems 24 there is sufficient or reasonable ground for granting the writ, 25 the judge shall enter upon a rehearing of the evidence and 26 either discharge the individual or modify or confirm the 27 commitment. 28 § 1709. Extension of powers. 29 The same power and authority that are given by ordinance of 30 councils or acts of the General Assembly to the guardians of the 20050S0506B2110 - 52 -
1 poor, prison inspectors and managers of the House of Refuge of 2 the City of Philadelphia are hereby extended to the Board of 3 Trustees of the Philadelphia Prison System. 4 § 1710. Annual statement. 5 The board of trustees shall, on or before the first day of 6 November of each year, submit to council a statement of the sums 7 necessary for the maintenance of the Philadelphia Prison System 8 for the ensuing term. 9 § 1710.1. Name of jail and appointment of inspectors. 10 (a) General rule.--The Philadelphia County Prison shall be 11 managed by a board of inspectors consisting of 12 citizens 12 residing in the City of Philadelphia or County of Philadelphia 13 who shall serve without any pecuniary compensation as follows: 14 (1) Four members shall be appointed by the Mayor, 15 Recorder and Aldermen of the City of Philadelphia. 16 (2) Four members shall be appointed by the judges of the 17 court of common pleas. 18 (3) Four members shall be appointed by the judges of the 19 District Court of the City of Philadelphia and County of 20 Philadelphia. 21 (b) Terms.--The members shall serve for four years or until 22 their successors shall be appointed. In case of vacancy by 23 death, resignation or otherwise, the member shall be supplied by 24 the court who appointed the individual who has caused the 25 vacancy upon notice of such vacancy from the president of the 26 board of inspectors. 27 § 1710.2. Duties of physician. 28 (a) General rule.--The physician shall: 29 (1) Visit the Philadelphia County Prison daily, visit 30 and prescribe for all who are sick and at least once a month 20050S0506B2110 - 53 -
1 visit every inmate confined in the county correctional 2 institution and report monthly in writing to the inspectors 3 as to the health of the inmates in the county correctional 4 institution. 5 (2) Attend immediately, on notice from the chief 6 administrator, any person that is sick. 7 (3) Examine every person brought into the county 8 correctional institution as an inmate as to the state of the 9 inmate's health. 10 (4) Keep a journal in which a record is maintained of 11 the names of all inmates as they come in and the state of 12 their health and also of all persons confined who may come 13 under the physician's care for medical treatment, together 14 with such remarks as the physician may deem important, which 15 journal shall be open to the inspectors and chief 16 administrator whenever they may require it. 17 (b) Dietary considerations and infirmary cells.-- 18 (1) Inmates who are under the care of the physician 19 shall be allowed such diet as the physician shall direct. 20 (2) The inspectors shall appropriate as many cells, 21 together with the infirmary, as they may deem necessary for 22 the special occupation of the sick, and have the cells so 23 fitted up as will best promote the health, convenience and 24 comfort of the inmates. 25 (3) Whenever, in the opinion of the physician, an inmate 26 is so ill as to require removal from the ordinary cells to 27 those appropriated for the sick, the chief administrator 28 shall direct such removal, and the inmate shall be kept there 29 until the physician shall certify that the inmate may be 30 returned to the inmate's former cell without injury to the 20050S0506B2110 - 54 -
1 inmate's health. 2 (4) Should the physician have reason to believe that an 3 inmate is materially affected by the discipline, treatment or 4 diet, the physician shall, if he thinks proper, order an 5 alteration therein, which order shall be entered on the 6 physician's journal, and a copy thereof furnished to the 7 chief administrator who shall carry the order into effect 8 until the next visit of the visiting inspectors, who shall 9 inquire into the case and confirm or annul the order or refer 10 the same to the board of inspectors. 11 § 1710.3. Visitors to have permission in writing. 12 (a) General rule.--No person shall be permitted to visit the 13 Philadelphia County Prison except: 14 (1) An official visitor specified in subsection (b). 15 (2) A person who has permission in writing from one of 16 the inspectors. 17 (3) An attorney who may be permitted to visit the 18 attorney's client confined for trial, as provided for by law. 19 (b) Designation of official visitors.--The official visitors 20 are: 21 (1) The Governor. 22 (2) The members of the General Assembly. 23 (3) The Secretary of the Commonwealth. 24 (4) The Attorney General. 25 (5) The deputies for the city of the first class and 26 county of the first class. 27 (6) The president and associate judges of the district 28 court of the City of Philadelphia and the County of 29 Philadelphia and the court of common pleas. 30 (7) The grand juries of the county of the first class. 20050S0506B2110 - 55 -
1 (8) Commissioners of the county of the first class. 2 (9) The acting committee of the Philadelphia society for 3 alleviating the miseries of public prisons or its successor. 4 (10) The mayor and recorder of the City of Philadelphia. 5 (c) Communication prohibited.-- 6 (1) Except for the official visitors identified in 7 subsection (b), no person shall have any communication with 8 the inmates except by authority of the board of prison 9 inspectors, who may issue permits to visit an inmate after 10 sentence in their discretion. 11 (2) No visitor may be permitted to deliver or to receive 12 from any inmate any letter or message whatever or to supply 13 an inmate with any article, except such letters or messages 14 to and from inmates confined for trial as may be first 15 submitted or communicated to the chief administrator or one 16 of the inspectors and approved by them, or either of them, 17 under the penalty of a $100 fine, to be recovered as provided 18 for other fines under applicable law. 19 § 1710.4. Treatment of inmates on discharge. 20 (a) Clothing.--When an inmate shall be discharged by the 21 expiration of the term for which the inmate was sentenced or by 22 pardon, the clothes belonging to the Philadelphia County Prison 23 shall be taken off and the clothing belonging to the inmate 24 restored, together with such property, if any, that was taken 25 from the inmate at the time of reception into the county 26 correctional institution, which has not been otherwise legally 27 disposed of. 28 (b) Furnishing of suitable clothing.--If an inmate shall not 29 possess suitable clothing, the inspectors shall provide the 30 inmate with what may in their judgment be necessary. The 20050S0506B2110 - 56 -
1 inspectors and chief administrator may furnish the discharged 2 inmate with a sum of money or clothing not exceeding $5. 3 § 1710.5. County of the first class to supply deficiency in 4 furnishing and maintaining prison. 5 For any deficiency in keeping, furnishing and maintaining the 6 Philadelphia County Prison, in conformity with the provisions of 7 this chapter, the inspectors are authorized to apply to the 8 commissioners of the county of the first class for such sum or 9 sums as may be necessary or required. If it shall appear 10 reasonable, and that the accounts of the inspectors are properly 11 kept and adjusted, the commissioners of the county of the first 12 class shall draw an order on the treasurer of the county of the 13 first class for such sum or sums as may be necessary to satisfy 14 such demands. 15 § 1710.6. Inmates sentenced for less than two years to county 16 prison. 17 A person who shall be convicted in any court of common pleas 18 in the city of the first class or county of the first class of 19 any crime or offense, the punishment of which would be 20 imprisonment for a period of time under two years, shall be 21 sentenced by the court to imprisonment in the Philadelphia 22 County Prison, by separate or solitary confinement at hard labor 23 for and during the term of the person's sentence and shall be 24 fed, clothed and treated as provided for in this chapter. 25 § 1710.7. Coroner of first class county not to hold inquests on 26 convicts, except in certain cases. 27 (a) General rule.--The coroner of a county of the first 28 class may not hold an inquest on the body of any inmate who dies 29 during confinement in the county prison unless required by the 30 inspectors thereof, except in cases of murder, suicide, 20050S0506B2110 - 57 -
1 manslaughter or death caused by casualties. 2 (b) Physician to give certificate of death of inmate.--The 3 attending physician of the county prison in a county of the 4 first class shall certify to the inspectors thereof the name and 5 age of any inmate who dies in the county prison, together with 6 the disease or cause of death of the inmate, so far as the 7 attending physician can ascertain the same. The inspectors shall 8 copy the certificate into a book to be kept by them for that 9 purpose. After copying the certificate, the inspector shall send 10 the certificate to the Board of Health of the county, who shall 11 file the certificate. The inspectors shall inter the body of the 12 inmate. 13 § 1710.8. Inspectors to discharge inmates. 14 The board of prison inspectors of a county of the first class 15 may discharge from the county prison any inmate who may have 16 served the inmate's term of imprisonment, in the same manner and 17 upon the same conditions as provided under this title for other 18 county correctional institutions. 19 § 1710.9. Treatment of inmates convicted of capital offenses. 20 The board of prison inspectors of a county of the first class 21 shall treat prisoners sentenced to execution and who are not 22 executed after an imprisonment of six months, as other inmates 23 who are sentenced to confinement and labor. 24 § 1710.10. Cities of the first class. 25 A city of the first class may establish a prison system for 26 the reception and detention of all persons charged with a 27 criminal offense or held as witnesses in any judicial 28 proceeding. 29 SUBCHAPTER B 30 COUNTY JAIL OVERSIGHT BOARD IN 20050S0506B2110 - 58 -
1 COUNTIES OF THE SECOND CLASS 2 AND SECOND CLASS A 3 Sec. 4 1721. Scope of subchapter. 5 1722. Definitions. 6 1723. County jail oversight board. 7 1724. Powers and duties. 8 1725. Rules and regulations. 9 1726. Warden. 10 1727. Board meetings. 11 1728. Contracts and purchases. 12 § 1721. Scope of subchapter. 13 This subchapter relates to county jail oversight boards in 14 counties of the second class and counties of the second class A. 15 § 1722. Definitions. 16 The following words and phrases when used in this subchapter 17 shall have the meanings given to them in this section unless the 18 context clearly indicates otherwise: 19 "Board." The county jail oversight board of a county. 20 "County." A county of the second class or a county of the 21 second class A. 22 § 1723. County jail oversight board. 23 (a) Establishment.--There is hereby established in each 24 county a county jail oversight board which shall be named the 25 (Name of County) County Jail Oversight Board. The board shall be 26 a continuation of the county prison board originally established 27 under the former act of December 10, 1980 (P.L.1152, No.208), 28 known as the Second Class County Prison Board Act, and the 29 former Article XXX-A of the act of July 28, 1953 (P.L.723, 30 No.230), known as the Second Class County Code. 20050S0506B2110 - 59 -
1 (b) Composition.--The board shall be composed of: 2 (1) The county chief executive. 3 (2) Two judges of the court of common pleas, one of whom 4 shall be the president judge or his designee who shall be a 5 judge, and one judge appointed by the president judge. 6 (3) The county sheriff. 7 (4) The county controller. 8 (5) The president of county council or his designee. 9 (6) Three citizen members as provided in subsection (c). 10 (c) Qualifications of citizen members.--The citizen members 11 shall not be employees of the county or of the Commonwealth. 12 They shall serve for a term of three years and shall be 13 representative of the broad segments of the county's population 14 and shall include persons whose background and experience 15 indicate that they are qualified to act in the interest of the 16 public. The citizen members shall be appointed by the county 17 chief executive with the consent of county council. 18 § 1724. Powers and duties. 19 (a) General rule.--The board's administrative powers and 20 duties shall include the operation and maintenance of the prison 21 and all alternative housing facilities, the oversight of the 22 health and safekeeping of inmates and the confirmation of the 23 chief executive's selection of a warden. 24 (b) Living conditions.--The board shall insure that the 25 living conditions within the prison and alternative housing 26 facilities are healthful and otherwise adequate. 27 (c) Unannounced inspections.--The board shall, at least 28 twice each year, conduct an unannounced inspection of the 29 prison's physical plant. During such inspections the board shall 30 interview a cross section of inmates, out of the presence of the 20050S0506B2110 - 60 -
1 warden and his agents, to determine the conditions within the 2 prison and alternative housing facilities. After each 3 inspection, the board shall prepare a written report setting 4 forth its findings and determinations which shall be available 5 for public inspection. 6 (d) Operations to be consistent with law.--The board shall 7 ensure that the prison is being operated in accordance with its 8 regulations and the laws and regulations of this Commonwealth 9 and of the United States. 10 (e) Investigations.--The board shall investigate allegations 11 of inadequate prison conditions and improper practices occurring 12 within the prison and may make such other investigations or 13 reviews of prison operation and maintenance. The books, papers 14 and records of the prison, including, but not limited to, the 15 papers and records of the warden and those relating to 16 individual inmates, shall at all times be available for 17 inspection by the board. 18 § 1725. Rules and regulations. 19 The board shall, in the manner provided by law, promulgate 20 such rules, regulations and forms it deems necessary for the 21 proper administration of the board and for the operation of the 22 prison and alternative housing facilities. 23 § 1726. Warden. 24 (a) Appointment.-- 25 (1) The chief executive shall appoint a warden subject 26 to confirmation by the board. The warden shall serve at the 27 pleasure of the chief executive, who shall fix an appropriate 28 salary. 29 (2) The warden shall be a resident of the county six 30 months after the date of appointment. 20050S0506B2110 - 61 -
1 (b) Duty to employ staff.--Subject to approval of the 2 manager, the warden shall employ deputies, assistants and other 3 personnel required to adequately operate the prison and 4 alternative housing facilities. 5 (c) Duty to report.-- 6 (1) The warden shall submit an annual written report to 7 the board which shall contain information on the population, 8 conditions and practices in the prison and other matters as 9 specified by the board. The annual report shall be available 10 for public inspection. 11 (2) The warden shall report to the county chief 12 executive and to the board. 13 § 1727. Board meetings. 14 The board shall meet at least once each month and shall keep 15 regular minutes of its proceedings which shall be open to public 16 inspection. 17 § 1728. Contracts and purchases. 18 All contracts and purchases required for the maintenance and 19 support of the prisoners, repairs and improvements of the prison 20 and alternative housing facilities and materials and supplies 21 shall be conducted in accordance with the applicable provisions 22 of the county administrative code. 23 SUBCHAPTER C 24 OTHER COUNTIES 25 Sec. 26 1731. Establishment. 27 1732. Board meetings. 28 1733. Appointment of warden and employees. 29 1734. Powers of peace officers. 30 1735. Expenditures. 20050S0506B2110 - 62 -
1 1736. Bonding requirement. 2 § 1731. Establishment. 3 (a) General rule.-- 4 (1) In counties of the third, fourth and fifth class, 5 the persons now holding the following offices and their 6 successors in each county of the third, fourth or fifth class 7 shall compose a board to be known as the board of inspectors 8 of the jail or county prison. 9 (2) The following persons shall be members of the board: 10 (i) The president judge of the court of common pleas 11 or a judge designated by him. 12 (ii) The district attorney. 13 (iii) The sheriff. 14 (iv) The controller. 15 (v) The county commissioners. 16 (3) The board and the officers appointed by it shall 17 provide for the safekeeping, discipline and employment of 18 inmates and the government and management of the correctional 19 institution. 20 (4) The duty of the sheriff relating to the safekeeping 21 of inmates shall cease and determine on their committal to 22 the correctional institution, and the sheriff may not be 23 furnished a residence in the correctional institution. 24 (5) Notwithstanding the provisions of paragraph (2), the 25 president judge may choose at any time to delete the judge 26 position from the board by so notifying the chairperson and 27 secretary of the board in writing. The decision to delete 28 this position shall remain in effect for as long as the 29 president judge making the decision shall remain as president 30 judge and thereafter until rescinded in like fashion by a 20050S0506B2110 - 63 -
1 successor. 2 (b) Counties that may elect to be subject to subchapter.-- 3 Any county of the sixth, seventh or eighth class may elect by 4 resolution of the county commissioners to be governed by the 5 provisions of this subchapter. 6 § 1732. Board meetings. 7 (a) Quorum.--A majority of the members of the board shall 8 constitute a quorum for the transaction of business, and all 9 actions of the board shall be by the approval of a majority of 10 all the members of the board. 11 (b) Frequency and nature of meetings.-- 12 (1) The board shall meet monthly, or more often if 13 required, and keep regular minutes of their proceedings in a 14 book to be filed with the financial records of the county. 15 The board shall make such rules and regulations for the 16 government and management of the county correctional 17 institution and the safekeeping, discipline and employment of 18 the inmates, as may be deemed necessary. 19 (2) The meetings shall be held at the county 20 correctional institution no less often than quarterly. 21 § 1733. Appointment of warden and employees. 22 The board shall appoint a warden of the county correctional 23 institution. The warden, subject to the approval of the board, 24 may appoint such deputy or deputies, assistant or assistants or 25 corrections officers as may be required in the taking care of 26 the county correctional institution. The number and compensation 27 of such deputies, assistants or corrections officers shall be 28 fixed by the salary board. 29 § 1734. Powers of peace officers. 30 A chief administrator, deputy warden or corrections officer 20050S0506B2110 - 64 -
1 of a county correctional institution may exercise the powers of 2 a peace officer in the performance of that person's duties 3 generally in: 4 (1) Guarding, protecting and delivering inmates. 5 (2) Protecting the property and interests of the county. 6 (3) Capturing and returning inmates that may have 7 escaped. 8 § 1735. Expenditures. 9 All the expenditures required for the support and maintenance 10 of inmates and the repairs and improvement of the county 11 correctional institution shall be paid from the county treasury 12 by warrants drawn, in the mode prescribed by law, on the regular 13 appropriation for the purpose. No warrant shall be certified by 14 the controller for any expense connected with the county 15 correctional institution unless on vouchers approved by a 16 majority of the board and endorsed by the president and 17 secretary of the board, and all contracts involving an 18 expenditure of funds from the county treasury shall be made in 19 accordance with the procedures set forth in Article XVIII of the 20 act of August 9, 1955 (P.L.323, No.130), known as The County 21 Code. 22 § 1736. Bonding requirement. 23 The chief administrator of a county correctional institution, 24 at the time of appointment, shall give bond, with good and 25 sufficient security to be fixed and approved by the board of 26 inspectors, for the faithful performance of the chief 27 administrator's duty and may at any time be removed by the board 28 for misconduct or inefficiency. All deputies, assistants or 29 corrections officers shall also give bond if required by the 30 board and may at any time be suspended by the chief 20050S0506B2110 - 65 -
1 administrator or removed by the board. 2 SUBCHAPTER D 3 ALTERNATIVE PLAN FOR CERTAIN COUNTIES 4 Sec. 5 1741. Sixth, seventh and eighth class counties. 6 1742. Appointment of prison commissioners. 7 § 1741. Sixth, seventh and eighth class counties. 8 (a) Management by sheriff.--In a county of the sixth, 9 seventh and eighth class, the government, management and control 10 of the county prison and the safekeeping, care, maintenance, 11 discipline and employment of the inmates therein are vested in 12 the sheriff of the county and the officers and employees 13 appointed by the sheriff. 14 (b) Residence may be furnished.--The sheriff and the 15 sheriff's family may be furnished a residence in the county 16 prison. 17 (c) Staffing.--The sheriff shall from time to time, with 18 approval of the county salary board, appoint as many corrections 19 officers and other employees of the county prison as the salary 20 board shall approve. The compensation of the corrections 21 officers and other employees shall be fixed by the county salary 22 board in the same manner as the compensation of other appointed 23 county officers and employees. 24 § 1742. Appointment of prison commissioners. 25 Whenever the appointment of prison commissioners in any 26 county having a population of more than 150,000 is by law lodged 27 in the judges of the court of common pleas, the appointments 28 shall, in all cases as nearly as possible, be equally divided 29 between the two political parties polling the highest number of 30 votes at the preceding general election. 20050S0506B2110 - 66 -
1 SUBCHAPTER E 2 PENAL OPERATIONS AND PROCEDURES 3 Sec. 4 1751. Costs of confinement. 5 1752. Board of inspectors to regulate salaries of wardens and 6 other staff. 7 1753. Residence of warden. 8 1754. Bonds for county prison staff in fourth class counties. 9 1755. Property exempt from taxation. 10 1756. Loss of privileges. 11 1757. Collection from certain inmates. 12 § 1751. Costs of confinement. 13 (a) Liability of cities.-- 14 (1) When an inmate is committed to any county 15 correctional institution in this Commonwealth, either for the 16 nonpayment of a fine or penalty imposed for the violation of 17 any city ordinance or while awaiting a hearing upon any 18 charge for the violation of any city ordinance, the costs of 19 proceedings and the expenses of maintaining the inmate during 20 his confinement by virtue of the commitment shall be borne 21 and paid by the city whose ordinance was alleged to have been 22 violated or to which any such fines or penalties are payable. 23 (2) The county in which the city is located shall not be 24 liable to the sheriff for any such maintenance or to any 25 officer, magistrate or person for any costs of such 26 proceedings. 27 (b) Nonapplicability.--This section does not apply to a city 28 of the third class. 29 § 1752. Board of inspectors to regulate salaries of wardens and 30 other staff. 20050S0506B2110 - 67 -
1 (a) General rule.--The board of inspectors in any county 2 where such board exists shall, from time to time, fix and change 3 the salaries and compensation of the deputy wardens, corrections 4 officers and other persons employed in and about the county 5 prison. 6 (b) Nonapplicability.--This section shall not apply to 7 counties in which cities are coextensive with the counties. 8 § 1753. Residence of warden. 9 In any county where the government of the county prison is 10 vested in a prison board, the prison board may fix the place of 11 residence of the warden of the county prison either in the jail 12 or elsewhere. 13 § 1754. Bonds for county prison staff in fourth class counties. 14 In any county of the fourth class in which there is a board 15 of inspectors, the board shall pay out of the public moneys 16 under its jurisdiction the premiums on all bonds of employees 17 appointed by the board who are required to furnish bond. 18 § 1755. Property exempt from taxation. 19 All the property, real and personal, authorized to be held 20 under the former act of June 26, 1895 (P.L.377, No.269), 21 entitled "An act authorizing the erection of work-houses in the 22 several counties of this Commonwealth," shall be exempt from 23 taxation and from levy and sale by virtue of execution or any 24 other process. 25 § 1756. Loss of privileges. 26 A chief administrator of a county correctional institution 27 may refuse to permit a prisoner to exercise the prisoner's 28 privilege to leave the county correctional institution for a 29 period of not more than five days for any breach of discipline 30 or other violation of regulations of the county correctional 20050S0506B2110 - 68 -
1 institution. 2 § 1757. Collection from certain inmates. 3 The governing body of a county correctional institution, or 4 where applicable the county commissioners, may, by resolution 5 which shall establish rates and qualifications, authorize the 6 chief administrator to collect a reasonable amount from inmates 7 incarcerated only on weekends or other short periods each week. 8 SUBCHAPTER F 9 JOINT DETENTION CENTERS 10 Sec. 11 1761. Establishment by adjoining counties. 12 1762. Selection of site. 13 1763. Buildings. 14 1764. Construction contracts. 15 1765. Advisory board. 16 1766. Meetings. 17 1767. Chief administrator and employees. 18 1768. Rules and regulations. 19 1769. Initial transfer of inmates. 20 1770. Employment of inmates. 21 1771. Cost of transporting inmates. 22 1772. Financial reporting. 23 1773. Allocation of expenses to counties. 24 1774. County appropriations. 25 1775. Exemption from taxation. 26 § 1761. Establishment by adjoining counties. 27 (a) Authority.--The county commissioners of any two or more 28 adjoining counties may join in establishing, according to a 29 plan, detention facilities for the confinement of persons 30 awaiting trial or sentence on criminal charges, convicted on 20050S0506B2110 - 69 -
1 criminal charges or not otherwise eligible for confinement in 2 other county correctional institutions. 3 (b) Preapproval of plan by department.--Before establishing 4 detention facilities, the counties shall submit their plan to 5 the department for approval. The department may require, as a 6 condition to approving any plan, that two or more adjoining 7 counties join with another adjoining county to establish 8 detention facilities. 9 § 1762. Selection of site. 10 Whenever the commissioners of any two or more adjoining 11 counties decide and agree to construct a joint detention 12 facility, they shall acquire a suitable site for the facility. 13 The site may be selected from suitable lands already held by any 14 county of the district for county purposes from lands donated 15 for such purposes or any quantity of land within the respective 16 districts. In the selection of a site, there shall be taken into 17 consideration the objects and purposes of the joint detention 18 center. Title to the land shall be approved by the county 19 solicitor of the county in which the land is located, or such 20 other title guarantee corporation or attorney as may be 21 designated by the commissioners of the counties, and shall be 22 taken in the name of the county or counties comprising the 23 district. The site, before purchase, shall be approved by the 24 department. 25 § 1763. Buildings. 26 After the selection and acquisition of sites, the county 27 commissioners of the counties may erect and construct suitable 28 and necessary buildings thereon, repair any buildings already 29 erected and equip the sites for use and occupancy. 30 § 1764. Construction contracts. 20050S0506B2110 - 70 -
1 Joint detention facilities shall be constructed by contract 2 or contracts let by the county commissioners of the counties to 3 the lowest responsible and best bidder after due advertisement 4 in at least one newspaper, published in each of the counties 5 joining in the erection of the joint detention facilities, once 6 a week for two consecutive weeks. When so constructed, the joint 7 detention facilities shall be equipped by the county 8 commissioners of the counties at the cost of the counties in the 9 same manner as other county buildings are equipped. 10 § 1765. Advisory board. 11 After joint detention facilities have been erected and 12 equipped and are ready for occupancy, the president judges of 13 the courts of common pleas of the counties joining in the 14 construction of the joint detention facilities shall appoint an 15 advisory board to consist of three persons from each of the 16 counties. The president judge of each of the counties shall 17 appoint one member of the board to serve for one year, one to 18 serve for two years, and one to serve for three years, or until 19 their successors are appointed and qualified. All appointments 20 at the expiration of any term shall be for a term of three 21 years. 22 § 1766. Meetings. 23 (a) General rule.--The advisory board shall meet at such 24 times as it deems necessary. The board shall visit and inspect 25 and keep in close touch with the management and operation of the 26 joint detention facilities and shall, from time to time, make 27 such recommendations and suggestions to the county commissioners 28 for changes or improvements in the management and operations of 29 the joint detention facilities as may be deemed advisable. It 30 shall also make an annual report to the county commissioners 20050S0506B2110 - 71 -
1 concerning the management and operation of the joint detention 2 facilities. 3 (b) Administrative support.--The county commissioners shall, 4 at the expense of the counties, provide a meeting place for the 5 board and furnish all supplies and materials necessary to carry 6 on its work. 7 (c) Reimbursement of expenses.--The members of the board 8 shall not receive any compensation for their services, but shall 9 be reimbursed for all actual and necessary expenses incurred in 10 the discharge of their duties, which expenses shall be paid by 11 the counties as part of the cost of maintenance of the joint 12 detention facilities. 13 § 1767. Chief administrator and employees. 14 The county commissioners of the counties may, after 15 consultation with the advisory board, employ a chief 16 administrator and such other employees as may be necessary to 17 conduct and manage properly the joint detention facilities and 18 shall fix their compensation. The duties of those officers shall 19 be prescribed by the rules and regulations of the joint 20 detention facilities. They shall hold their offices, 21 respectively, at the pleasure of and their compensation shall be 22 fixed by the appointing power. 23 § 1768. Rules and regulations. 24 The county commissioners of the counties shall, before any 25 inmate may be admitted to the joint detention facilities, after 26 consulting with the advisory board, make general rules and 27 regulations for the management of the joint detention 28 facilities, which rules and regulations shall be effective after 29 they are approved by the department. 30 § 1769. Initial transfer of inmates. 20050S0506B2110 - 72 -
1 When, in any district formed by counties under this 2 subchapter, the arrangements are complete for the reception of 3 inmates, transfer of all persons who are subject to confinement 4 as provided in this subchapter shall be made to the joint 5 detention facilities of the district. 6 § 1770. Employment of inmates. 7 An inmate of a joint detention facility under the provisions 8 of this subchapter, unless disqualified by sickness or 9 otherwise, shall be kept at some useful employment as may be 10 suited to the inmate's age and capacity and as may tend to 11 promote the best interest of the inmate. If an inmate refuses to 12 perform the work assigned to the inmate or is guilty of other 13 acts of insubordination, the chief administrator shall punish 14 the inmate in such manner as the rules and regulations provided 15 for may prescribe. The chief administrator shall keep a record 16 of and report to the advisory board all such offenses and 17 punishments. 18 § 1771. Cost of transporting inmates. 19 The cost of transporting inmates committed to the joint 20 detention facilities shall be paid by the counties, 21 respectively, from which the inmates are committed. The sheriff 22 of the county for inmates committed by the court and constables 23 for inmates committed by magisterial district judges shall 24 receive for the inmates committed to the joint detention 25 facilities no mileage or travel expenses on writs, except the 26 actual cost of transporting the inmates to the joint detention 27 facilities, together with any other fees for their services 28 allowed by law. 29 § 1772. Financial reporting. 30 A detailed statement of the receipt and expenditures by any 20050S0506B2110 - 73 -
1 county constituting a part of the district for joint detention 2 facilities erected under the provisions of this subchapter shall 3 be published by the county commissioners of each county or by 4 the controller in the county. Where the report is published by 5 the controller, it shall be included in the annual statement of 6 the fiscal affairs of such county. 7 § 1773. Allocation of expenses to counties. 8 (a) General rule.--The original cost of the site and 9 buildings of the joint detention facilities and the equipment 10 thereof, all additions thereto and all fixed overhead charges in 11 conducting the joint detention facilities shall be paid by the 12 counties constituting the districts in the ratio of their 13 population according to the last preceding United States census. 14 (b) Inmate expense.-- 15 (1) The cost of the care and maintenance of the inmates 16 in the districts shall be certified monthly to the counties 17 from which inmates have been committed. The cost shall be 18 paid by the counties in proportion to the number of inmates 19 committed from each county. 20 (2) All payments shall be on warrants of the county 21 commissioners, countersigned by the county controller in 22 counties where that office exists. 23 § 1774. County appropriations. 24 The county commissioners of each county joining in 25 establishing detention facilities as provided for in this 26 subchapter may make appropriations or incur or increase the 27 indebtedness of the county, in the manner provided by law, to an 28 amount sufficient to pay its proportionate part of the cost of 29 acquiring a site and of erecting, constructing and equipping the 30 joint detention facilities by issuing coupon bonds at a rate of 20050S0506B2110 - 74 -
1 interest not exceeding 7%, and payable within 30 years from the 2 date of issue. The county commissioners of the county shall levy 3 an annual tax in an amount necessary to pay interest and sinking 4 fund charges upon such bonds. 5 § 1775. Exemption from taxation. 6 All the property, real and personal, authorized to be held by 7 counties under this subchapter shall be exempt from taxation. 8 SUBCHAPTER G 9 JOINT INDUSTRIAL FARMS AND WORKHOUSES 10 Sec. 11 1781. Establishment by counties. 12 1782. Selection of site. 13 1783. Buildings. 14 1784. Construction contracts. 15 1785. Advisory board. 16 1786. Meetings. 17 1787. Chief administrator and employees. 18 1788. Rules and regulations. 19 1789. Initial transfer of inmates. 20 1790. Employment of inmates. 21 1791. Cost of transporting inmates. 22 1792. Nature of inmate employment. 23 1793. Sale of goods and materials. 24 1794. Financial reporting. 25 1795. Allocation of expenses to counties. 26 1796. Borrowing authorized. 27 1797. Exemption from taxation. 28 1798. Nonapplicability. 29 § 1781. Establishment by counties. 30 The county commissioners of any two or more counties may join 20050S0506B2110 - 75 -
1 in establishing a joint industrial farm and workhouse for the 2 confinement of: 3 (1) Persons sentenced by the courts of those counties, 4 after conviction, of any misdemeanor or felony, except 5 murder, voluntary manslaughter, rape and arson. 6 (2) Persons who are in default of payment of any fine or 7 penalty, or for nonpayment of costs, or for default in 8 complying with any order of court entered in any prosecution 9 for desertion or nonsupport, or for the violation of any 10 municipal ordinance. 11 § 1782. Selection of site. 12 Whenever the commissioners of any two or more counties decide 13 and agree to construct a joint industrial farm and workhouse, 14 they shall acquire a suitable site for the same. The site may be 15 selected from suitable lands already held by any county of the 16 district for county purposes, from lands donated for such 17 purposes or from any quantity of land within the respective 18 districts. In the selection of a site, there shall be taken into 19 consideration the objects and purposes of the joint industrial 20 farm and workhouse and all or as many as practicable of the 21 advantages and resources set forth in this section. The land 22 selected and purchased shall be a varied topography, with 23 natural resources and advantages for many forms of husbandry, 24 fruit growing and stock raising, for brickmaking and for the 25 preparation of all other road and paving material and shall have 26 good railroad, drainage, sewage and water facilities. Title to 27 the land shall be approved by the county solicitor of the county 28 in which the land is located or such other title guarantee 29 corporation or attorney as maybe designated by the commissioners 30 of the counties and shall be taken in the name of the county or 20050S0506B2110 - 76 -
1 counties comprising the district. 2 § 1783. Buildings. 3 After the selection and acquisition of the sites, the county 4 commissioners of the counties may erect and construct suitable 5 and necessary buildings thereon, repair any buildings already 6 erected and equip the buildings for use and occupancy. All 7 buildings constructed in pursuance of this subchapter shall be 8 plain and inexpensive in character. The labor in constructing 9 such buildings and improvements and facilities shall be supplied 10 by the persons committed to county correctional institutions in 11 the counties or transferred thereto from any county correctional 12 institution, so far as found practicable. 13 § 1784. Construction contracts. 14 Joint industrial farm and workhouse buildings shall be 15 constructed by contract or contracts let by the county 16 commissioners of the counties to the lowest responsible and best 17 bidder, after due advertisement in at least one newspaper, 18 published in each of the counties joining in the erection of the 19 joint industrial farm and workhouse, once a week for four 20 consecutive weeks. When so constructed, the joint industrial 21 farm and workhouse buildings shall be equipped by the county 22 commissioners of the counties at the cost of the counties in the 23 same manner as other county buildings are equipped. 24 § 1785. Advisory board. 25 After a joint industrial farm and workhouse has been erected 26 and equipped and is ready for occupancy, the president judges of 27 the courts of common pleas of the counties joining in the 28 construction of the joint industrial farm and workhouse shall 29 appoint an advisory board to consist of three persons from each 30 of the counties. The president judge of each of the counties 20050S0506B2110 - 77 -
1 shall appoint one member of the board to serve for one year, one 2 to serve for two years, and one to serve for three years, or 3 until their successors are appointed and qualified. All 4 appointments at the expiration of any term shall be for a term 5 of three years. 6 § 1786. Meetings. 7 (a) General rule.--The advisory board shall meet monthly and 8 at such other times as may be deemed necessary. The board shall 9 visit and inspect and keep in close touch with the management 10 and operation of the joint industrial farm and workhouse and 11 shall, from time to time, make such recommendations and 12 suggestions to the county commissioners for changes or 13 improvements in the management and operations of the joint 14 industrial farm and workhouse as may be deemed advisable. It 15 shall also make an annual report to the county commissioners 16 concerning the management and operation of the industrial farm 17 and workhouse. 18 (b) Administrative support.--The county commissioners shall, 19 at the expense of the counties, provide a meeting place for the 20 board and furnish all supplies and materials necessary to carry 21 on its work. 22 (c) Reimbursement of expenses.--The members of the board 23 shall not receive any compensation for their services, but shall 24 be allowed all actual and necessary expenses incurred in the 25 discharge of their duties, which shall be paid by the counties 26 as part of the cost of maintenance of the joint industrial farm 27 and workhouse. 28 § 1787. Chief administrator and employees. 29 The county commissioners of the counties may, after 30 consultation with the advisory board, employ a chief 20050S0506B2110 - 78 -
1 administrator and such other employees as may be necessary to 2 conduct and manage properly the joint industrial farm and 3 workhouse and shall fix their compensation. The duties of those 4 officers shall be prescribed by the rules and regulations of the 5 joint industrial farm and workhouse. 6 § 1788. Rules and regulations. 7 The county commissioners of the counties shall, before any 8 inmate may be admitted to the joint industrial farm and 9 workhouse, after consulting with the advisory board, make 10 general rules and regulations for the management of the joint 11 industrial farm and workhouse. 12 § 1789. Initial transfer of inmates. 13 (a) General rule.--When, in any district formed by the 14 counties, the arrangements are complete for the reception of 15 inmates, transfer shall be made from the county correctional 16 institutions to the joint industrial farm and workhouse of the 17 district of all persons: 18 (1) Who have been sentenced to any of the county 19 correctional institutions for any misdemeanor or felony 20 except murder, voluntary manslaughter, rape and arson. 21 (2) Who have been committed to any of the county 22 correctional institutions in default of payment of any fine 23 or penalty, or for nonpayment of costs or for default in 24 complying with any order of court entered in any prosecution 25 for desertion or nonsupport. 26 (3) Legally confined in any of the county correctional 27 institutions, except those that are confined awaiting trial 28 or held as material witnesses. 29 (b) Persons eligible to become inmates.-- 30 (1) When any person is convicted in any court in any 20050S0506B2110 - 79 -
1 county of any offense classified as a misdemeanor or felony 2 except murder, voluntary manslaughter, rape and arson, the 3 punishment of which is or may be imprisonment in any county 4 correctional institution for a period of ten days or more, 5 the court may sentence such person to a joint industrial farm 6 and workhouse of the Commonwealth. 7 (2) Courts of record and courts not of record of any 8 county in this Commonwealth may commit to the joint 9 industrial farm and workhouse all persons who might be 10 lawfully committed to the county correctional institution on 11 charges of vagrancy, drunkenness or disorderly conduct, for 12 default or nonpayment of any costs, fine or penalty, for 13 default in complying with any order of court entered in any 14 prosecution for desertion or nonsupport or for violations of 15 municipal ordinances, where, in any such case, the commitment 16 will be for a period of ten days or more. 17 (c) Existing county correctional institutions.--The existing 18 county correctional institutions may be retained to confine 19 persons awaiting trial, held as material witnesses or sentenced 20 for a period of less than ten days, and such number of other 21 convicted persons as may be required to perform the necessary 22 institutional maintenance work. 23 (d) Clothing and treatment.--All inmates shall be clothed 24 and treated as provided for in this subchapter and in the rules 25 and regulations of the joint industrial farm and workhouse. 26 § 1790. Employment of inmates. 27 (a) General rule.--An inmate committed to a joint industrial 28 farm and workhouse under the provisions of this subchapter, 29 unless disqualified by sickness or otherwise, shall be kept at 30 some useful employment as may be suited to the inmate's age and 20050S0506B2110 - 80 -
1 capacity and as may be most profitable to the joint industrial 2 farm and workhouse and tend to promote the best interest of the 3 inmate. If an inmate refuses to perform the work assigned to the 4 inmate or is guilty of other acts of insubordination, the chief 5 administrator shall punish the inmate in such manner as the 6 rules and regulations provided for may prescribe. The chief 7 administrator shall keep a record of and report to the advisory 8 board all such offenses and punishments. 9 (b) Pay schedule and inmate accounts.--All inmates shall 10 receive compensation for their work. 11 (1) Those inmates employed on institutional maintenance 12 and nonproductive labor shall receive not more than 20¢ per 13 day and not less than 10¢ per day. 14 (2) Those inmates employed on productive work shall 15 receive not more than 50¢ per day and not less than 20¢ per 16 day. 17 (3) The earnings of an inmate shall be credited to the 18 inmate's account, and disbursements made on approval of the 19 chief administrator of the institution and the written order 20 of the inmate, except when an inmate is committed for 21 nonsupport the court which sentenced the prisoner shall order 22 payment of the earnings. At time of release or discharge, the 23 inmate shall receive all moneys remaining in the inmate's 24 account and give receipt for the same. 25 § 1791. Cost of transporting inmates. 26 (a) General rule.--The cost of transporting inmates 27 committed to the joint industrial farms and workhouses shall be 28 paid by the counties, respectively, from which the inmates are 29 committed. The sheriff of the county for inmates committed by 30 the court and constables for inmates committed by magisterial 20050S0506B2110 - 81 -
1 district judges shall receive for the inmates committed to the 2 joint industrial farm and workhouse no mileage or travel 3 expenses on writs, except the actual cost of transporting the 4 inmates so committed to the joint industrial farm and workhouse, 5 together with any other fees for their services allowed by law. 6 (b) Railroad ticket upon discharge.--When an inmate is 7 discharged from a joint industrial farm and workhouse, the chief 8 administrator thereof shall procure for the inmate a railroad 9 ticket to any point to which the inmate may desire to go, not 10 farther from the joint industrial farm and workhouse than the 11 point from which the inmate was sentenced. 12 § 1792. Nature of inmate employment. 13 A joint industrial farm and workhouse shall employ the 14 inmates committed or transferred thereto in work on or about the 15 buildings and farm and in growing produce, raising stock, etc., 16 for supplies for its own use, the use of the several city and 17 county or county correctional institutions in the district, any 18 political division thereof or any public or charitable 19 institution owned or managed and directed by the counties 20 constituting the district, or any political division thereof. 21 Inmates may also be employed in the preparation of road 22 material, in making brick, tile and concrete or other road 23 building material and in the manufacture of other products and 24 materials as may be found practicable for the use of any of the 25 counties constituting the district and for the proper and 26 healthful employment of the inmates. 27 § 1793. Sale of goods and materials. 28 All road material, brick, tile, concrete and other goods and 29 materials prepared or made at a joint industrial farm and 30 workhouse that are not needed for the purposes of the joint 20050S0506B2110 - 82 -
1 industrial farm and workhouse shall be offered for sale at a 2 price to be fixed by the commissioners of the district. In 3 offering such material for sale, preference shall be given to 4 the counties forming the district of the joint industrial farm 5 and workhouse and to the cities, boroughs and townships in the 6 joint district. All moneys so received shall be applied toward 7 paying the overhead expenses of the joint industrial farm and 8 workhouse. 9 § 1794. Financial reporting. 10 A detailed statement of the receipts and expenditures by any 11 county constituting a part of the district for a joint 12 industrial farm and workhouse erected under the provisions of 13 this subchapter shall be published by the county commissioners 14 of each county or by the controller in the county. Where the 15 report is published by the controller, it shall be included in 16 the annual statement of the fiscal affairs of the county. 17 § 1795. Allocation of expenses to counties. 18 (a) General rule.--The original cost of the site and 19 buildings of the joint industrial farm and workhouse, the 20 equipment thereof, all additions thereto and all fixed overhead 21 charges in conducting the joint industrial farm and workhouse 22 shall be paid by the counties constituting the districts in the 23 ratio of their population according to the last preceding United 24 States census. 25 (b) Inmate expense.--The cost of the care and maintenance of 26 the inmates shall be certified monthly to the counties from 27 which inmates have been committed. The cost shall be paid by the 28 counties in proportion to the number of inmates committed from 29 each county. All payments shall be on warrants of the county 30 commissioners, countersigned by the county controller in 20050S0506B2110 - 83 -
1 counties where a county controller exists. 2 § 1796. Borrowing authorized. 3 The county commissioners of each county joining in 4 establishing a joint industrial farm and workhouse, as provided 5 for in this subchapter, may incur or increase the indebtedness 6 of the county, in the manner provided by law, to an amount 7 sufficient to pay its proportionate part of the cost of 8 acquiring a site and of erecting, constructing and equipping the 9 joint industrial farm and workhouse by issuing coupon bonds at a 10 rate of interest not exceeding 6% and payable within 30 years 11 from the date of issue. The county commissioners of the county 12 shall levy an annual tax in an amount necessary to pay interest 13 and sinking fund charges upon the bonds. 14 § 1797. Exemption from taxation. 15 All the property, real and personal, authorized to be held 16 under this subchapter shall be exempt from taxation. 17 § 1798. Nonapplicability. 18 This subchapter does not apply to cities and counties of the 19 first class. 20 PART III 21 INMATE CONFINEMENT 22 Chapter 23 31. Inmate Labor 24 33. Medical Services 25 35. Visitation 26 37. Inmate Prerelease Plans 27 39. Motivational Boot Camp 28 41. State Intermediate Punishment 29 43. Execution Procedure and Method 30 59. Miscellaneous Provisions 20050S0506B2110 - 84 -
1 CHAPTER 31 2 INMATE LABOR 3 Sec. 4 3101. Inmates to be employed. 5 3102. Disposition of proceeds of labor. 6 3103. Agricultural labor at county correctional institutions. 7 3104. Inmate labor in county correctional institutions. 8 3105. Inmate labor in counties of the first class. 9 3106. Inmate-made goods to be branded. 10 3107. Sale of inmate-made goods. 11 § 3101. Inmates to be employed. 12 The chief administrators may employ the inmates under their 13 control for and on behalf of the Commonwealth and the inmates 14 for and on behalf of their respective counties. 15 § 3102. Disposition of proceeds of labor. 16 All moneys received under the provisions of this chapter for 17 labor done within county correctional institutions or the 18 products of such labor sold shall be credited on account of the 19 receipts and expenditures paid to and for the maintenance of the 20 respective correctional institutions. 21 § 3103. Agricultural labor at county correctional institutions. 22 (a) General rule.--The chief administrator of a county 23 correctional institution shall permit the employment of such 24 inmates serving sentences therein, as they shall deem advisable, 25 at agricultural labor on any county farm of the county under the 26 direction of any person appointed by the chief administrator, 27 and all inmates so employed shall at all times be amenable to 28 restraint, discipline and punishment in the same manner as if 29 they were confined in the county correctional institution. 30 (b) Liability.--No person appointed by a chief administrator 20050S0506B2110 - 85 -
1 of a county correctional institution or his sureties shall be 2 held liable on any bond conditioned for the safekeeping of 3 persons given into that person's care, in case any inmate so 4 employed shall escape, if due care and diligence has been 5 exercised in the discharge of the duties imposed on that person. 6 § 3104. Inmate labor in county correctional institutions. 7 (a) General rule.--An inmate of a county correctional 8 institution who is physically capable may be employed at labor 9 for not more than eight hours each day, other than Sundays and 10 public holidays. The employment may be in such character of work 11 and the production of such goods as may now be manufactured and 12 produced in county correctional institutions and may also be 13 for: 14 (1) the manufacture and production of supplies for the 15 county correctional institutions; 16 (2) the preparation and manufacture of building material 17 for the construction or repair of the county correctional 18 institution; 19 (3) the manufacture and production of crushed stone, 20 brick, tile and culvert pipe or other material suitable for 21 draining roads; or 22 (4) the preparation of road building and ballasting 23 material. 24 (b) Authority to county commissioners.--The county 25 commissioners or chief administrator of the county correctional 26 institution shall: 27 (1) determine the amount, kind and character of the 28 machinery to be erected and the industries to be carried on 29 in the county correctional institution; 30 (2) arrange for the purchase and installation of such 20050S0506B2110 - 86 -
1 machinery at the expense of the county; and 2 (3) provide for the sale of articles and material 3 produced. 4 (c) Funding.--The county commissioners shall make available 5 the necessary funds to carry out the provisions of this section. 6 (d) Inmate accounts.-- 7 (1) The authorities in charge of a county correctional 8 institution shall fix the wages of each inmate to be employed 9 and shall keep an account of all such wages and the amount 10 due each inmate. 11 (2) Three-fourths of the amount credited to each inmate, 12 or the entire amount if the inmate so elects, shall 13 constitute a fund for the relief of any person or persons 14 dependent upon the inmate and shall be paid to such persons, 15 establishing dependency to the satisfaction of the 16 authorities, at such times as they may prescribe. 17 (3) In case an inmate has no person dependent upon him, 18 the inmate's wages shall be deposited for his benefit and 19 shall be paid to him as follows: 20 (i) one-third at the time of his discharge; 21 (ii) one-third, three months thereafter; and 22 (iii) one-third, six months thereafter. 23 (e) Special administrative fund.-- 24 (1) The authorities in charge of a county correctional 25 institution may establish a fund for the purpose of carrying 26 out this section and may provide for the purchase of 27 machinery and materials and payment of wages from such fund. 28 (2) All revenues received from the sale of articles 29 produced shall be paid into the fund. 30 (f) Nonapplicability.--This section shall not apply to a 20050S0506B2110 - 87 -
1 county of the first class. 2 § 3105. Inmate labor in counties of the first class. 3 (a) General rule.--The board of inspectors of a county 4 correctional institution of a county of the first class may 5 establish, from time to time, a scale of wages that shall not be 6 less than ten cents per day, and may pay and the inmates may 7 receive compensation for their work according to such scale. 8 (b) Inmate account.-- 9 (1) Except as otherwise provided in paragraph (2), the 10 earnings of each inmate shall be credited to his account and 11 disbursements made on approval of the chief administrator of 12 the institution and the written order of the inmate. 13 (2) When an inmate is committed for nonsupport, the 14 court which sentenced the inmate shall order payment of his 15 earnings and, in the case of other inmates, the court which 16 sentenced the inmate may order payments from his earnings to 17 be paid to his dependents. 18 (3) At time of release or discharge, the inmate shall 19 receive all moneys remaining in his account and give receipt 20 for the same. 21 § 3106. Inmate-made goods to be branded. 22 (a) General rule.--All goods, wares, merchandise or other 23 article or thing made by inmate labor in any correctional 24 institution or other establishment in which inmate labor is 25 employed, whether for the direct benefit and maintenance of the 26 correctional institution or other establishment or upon contract 27 by the authorities of the same with any third person, 28 immediately upon the completion of the same, shall be branded as 29 provided in this section and may not be taken into or exposed in 30 any place for sale at wholesale or retail without that brand. 20050S0506B2110 - 88 -
1 (b) Style and place of brand.-- 2 (1) The brand required by this section shall be in plain 3 English lettering and shall contain at the head or top of the 4 brand the words "inmate made," followed by the year and name 5 of the correctional institution or other establishment in 6 which made. 7 (2) The brand shall in all cases, when the nature of the 8 article will permit, be placed on the article and only where 9 the branding is impossible may it be placed on the box or 10 other receptacle or covering in which it is contained. 11 (3) The brand shall be affixed to the article by 12 casting, burning, pressing or other such process or means so 13 that the article may not be defaced and in all cases shall be 14 upon the most conspicuous place upon the article or the box, 15 receptacle or covering containing the article. 16 (c) Applicability.--This section shall not apply to goods, 17 wares and merchandise shipped to points outside of this 18 Commonwealth. 19 § 3107. Sale of inmate-made goods. 20 The department may contract to sell or sell the articles 21 manufactured or produced in any correctional institution which 22 cannot be used therein, to the Commonwealth or to any political 23 subdivision thereof, or to any State, municipality, or county 24 authority, created by or under any law of this Commonwealth, or 25 to any State correctional institution, or to any educational or 26 charitable institution receiving aid from the Commonwealth, or 27 to the Federal Government or any department, bureau, commission, 28 authority or agency thereof, or to any other state or political 29 subdivision or authority thereof, or to any institution 30 receiving aid from the Federal Government or of any other state. 20050S0506B2110 - 89 -
1 CHAPTER 33 2 MEDICAL SERVICES 3 Sec. 4 3301. Short title of chapter. 5 3302. Definitions. 6 3303. Medical Services Program. 7 3304. Powers and duties of department. 8 3305. Costs outstanding upon release. 9 3306. Report to General Assembly. 10 3307. Applicability. 11 § 3301. Short title of chapter. 12 This chapter shall be known and may be cited as the 13 Correctional Institution Medical Services Act. 14 § 3302. Definitions. 15 The following words and phrases when used in this chapter 16 shall have the meanings given to them in this section unless the 17 context clearly indicates otherwise: 18 "Program." The Medical Services Program established for 19 inmates under section 3303 (relating to Medical Services 20 Program). 21 § 3303. Medical Services Program. 22 (a) Establishment.--The Medical Services Program is 23 established in the department which shall include, but not be 24 limited to, the provisions of this chapter. The program shall be 25 a copay program requiring inmates to pay a fee to cover a 26 portion of the actual costs of the medical services provided. 27 (b) Fees.-- 28 (1) The department shall develop by regulation a program 29 for inmates which includes fees for certain medical services. 30 The regulations shall provide for consistent medical services 20050S0506B2110 - 90 -
1 guidelines by specifying the medical services which are 2 subject to fees, the fee amounts, payment procedures, medical 3 services which are not subject to fees and fees applicable to 4 medical emergencies, chronic care and preexisting conditions. 5 (2) In addition to other medical services provided to 6 the inmate, an inmate may be required to pay a fee for 7 medical services provided because of injuries the inmate 8 inflicted upon himself or another inmate. 9 (c) Explanation of program.--Each inmate shall be advised of 10 the medical services fees and payment procedures at the time of 11 intake. An explanation of the program regulations shall be 12 included in the inmate handbook. 13 (d) Written notice of changes.--Each inmate shall receive 14 written notice of any changes in medical services fees and 15 payment procedures and an initial written notice of the 16 program's implementation. 17 (e) Payment for medical services.-- 18 (1) No inmate shall be denied access to medical services 19 because of an inability to pay the required fees. 20 (2) The department shall devise and implement a program 21 whereby inmates of State correctional institutions who have 22 medical insurance shall pay for their own medical needs 23 through that insurance. This program shall be contained in 24 regulations promulgated by the department. 25 (f) Fee debits.--An inmate shall acknowledge in writing any 26 debit made to his inmate account for a medical services fee. 27 (g) Deposits.--Medical services fees collected under this 28 chapter shall be deposited in the General Fund. 29 § 3304. Powers and duties of department. 30 The department shall implement the program by: 20050S0506B2110 - 91 -
1 (1) Issuing regulations as required under section 3303 2 (relating to Medical Services Program). 3 (2) Providing department staff and medical services 4 providers with training relating to the program. 5 (3) Developing administrative forms for the 6 implementation of the program. 7 (4) Providing for administrative and accounting 8 procedures for the program and an annual audit of the 9 program. 10 (5) Providing written notice to all current inmates 11 regarding implementation of the program. 12 § 3305. Costs outstanding upon release. 13 (a) Right to seek recovery of costs.--The department may 14 seek to recover any amount owed for medical services fees by an 15 inmate upon release from prison through a civil action brought 16 within one year of the inmate's release. The department shall 17 have the burden to prove the amount owed. 18 (b) Defense.--An inmate's inability to pay as determined by 19 the court shall be a defense to the payment of part or all of 20 the fees. 21 § 3306. Report to General Assembly. 22 The department shall submit to the chairmen and minority 23 chairmen of the Appropriations Committee and the Judiciary 24 Committee of the Senate and the chairmen and minority chairmen 25 of the Appropriations Committee and the Judiciary Committee of 26 the House of Representatives an annual report on the program. 27 The report shall provide information on the fees charged and the 28 fees collected under the program and shall include a summary of 29 the annual audit of the program as required under section 3304 30 (relating to powers and duties of department). The report may 20050S0506B2110 - 92 -
1 recommend legislative changes for the program and propose model 2 legislation for counties which may wish to develop similar 3 programs. 4 § 3307. Applicability. 5 The department shall collect fees for medical services 6 provided to an inmate after the effective date of the program 7 regulations as published in the Pennsylvania Bulletin. 8 CHAPTER 35 9 VISITATION 10 Subchapter 11 A. General Provisions 12 B. Official Visitation 13 SUBCHAPTER A 14 GENERAL PROVISIONS 15 Sec. 16 3501. Gubernatorial visitor for philanthropic purposes. 17 3502. Official visitors. 18 3503. Rights of official visitors. 19 § 3501. Gubernatorial visitor for philanthropic purposes. 20 The Governor may appoint a person to visit, for philanthropic 21 purposes, correctional institutions. No expense shall be 22 incurred to the Commonwealth for the implementation of this 23 section. 24 § 3502. Official visitors. 25 (a) General rule.--Subject to the provisions of subsection 26 (b), the active or visiting committee of any society 27 incorporated for the purpose of visiting and instructing inmates 28 are hereby made official visitors of any correctional 29 institution, with the same powers, privileges and functions as 30 are vested in the official visitors of correctional institutions 20050S0506B2110 - 93 -
1 as now prescribed by law. 2 (b) Notice required.--No active or visiting committee as 3 identified in subsection (a) may visit a correctional 4 institution under this section unless notice of the names of the 5 members of the committee and the terms of their appointment are 6 given by the society, in writing, under its corporate seal, to 7 the chief administrator of the correctional institution. 8 § 3503. Rights of official visitors. 9 (a) Visiting hours.--A person designated by law to be an 10 official visitor of a correctional institution may enter and 11 visit any correctional institution on any and every day, 12 including Sundays, between the hours of 9 a.m. and 5 p.m. and at 13 such other times with the special permission of the chief 14 administrator. 15 (b) Confirmation of role.--All powers, functions and 16 privileges granted to official visitors of correctional 17 institutions under prior law are hereby confirmed. No official 18 visitor shall have the right or power to give or deliver to an 19 inmate during such visit any chattel or object whatsoever, 20 except objects and articles of religious or moral instruction or 21 use. 22 (c) Effect of violation.-- 23 (1) If an official visitor violates any provision of 24 this section, a chief administrator may apply to the court of 25 common pleas in the county wherein the correctional 26 institution is situated, for a rule upon the official visitor 27 to show cause why he should not be deprived of his office. 28 (2) Upon proof to the satisfaction of the court, the 29 court shall enter a decree against the official visitor 30 depriving him of all rights, privileges and functions of an 20050S0506B2110 - 94 -
1 official visitor. 2 SUBCHAPTER B 3 OFFICIAL VISITATION 4 Sec. 5 3511. Short title of subchapter. 6 3512. Definitions. 7 3513. Visitation. 8 3514. Employees of official visitor. 9 § 3511. Short title of subchapter. 10 This subchapter shall be known and may be cited as the 11 Official Visitation of Correctional Institutions Act. 12 § 3512. Definitions. 13 The following words and phrases when used in this subchapter 14 shall have the meanings given to them in this section unless the 15 context clearly indicates otherwise: 16 "Official visitor." The Governor, Lieutenant Governor, 17 President pro tempore and members of the Senate, Speaker and 18 members of the House of Representatives, justices and judges of 19 the courts of record, General Counsel, Attorney General and his 20 deputies and authorized members of the Pennsylvania Prison 21 Society who have been designated as official visitors, whose 22 names shall be given to a chief administrator, in writing, 23 together with the terms of their appointment under its corporate 24 seal. 25 § 3513. Visitation. 26 (a) Time.--An official visitor may enter and visit any 27 correctional institution on any and every day, including 28 Sundays, between the hours of 9 a.m. and 5 p.m. Visits at any 29 other time shall be made only with the special permission of the 30 chief administrator. 20050S0506B2110 - 95 -
1 (b) Denial of entry.-- 2 (1) If a chief administrator of a State correctional 3 institution is of the opinion that the visit would be 4 dangerous to the discipline or welfare of the correctional 5 institution or the safety of the visitor, the chief 6 administrator may temporarily deny entry to any official 7 visitor if the secretary has previously declared that an 8 emergency situation exists within the correctional 9 institution. 10 (2) If a temporary exclusion under paragraph (1) exceeds 11 72 hours, the official visitor may apply to the Commonwealth 12 Court for a ruling upon the secretary to show cause why the 13 official visitor should not be permitted entry into the State 14 correctional institution. 15 (c) Temporary denial of visitation for county correctional 16 institutions.-- 17 (1) If the chief administrator of a county correctional 18 institution has previously determined that an emergency 19 exists at the county correctional institution, the chief 20 administrator may, with the approval of the president judge 21 of the court of common pleas of the county where the county 22 correctional institution is located, temporarily deny entry 23 to an official visitor. 24 (2) If a temporary exclusion under paragraph (1) exceeds 25 72 hours, the official visitor may apply to the Commonwealth 26 Court for a ruling upon the president judge to show cause why 27 the official visitor should not be permitted entry into the 28 county correctional institution. 29 (d) Interviews.-- 30 (1) An official visitor may interview privately any 20050S0506B2110 - 96 -
1 inmate confined in any correctional institution and for that 2 purpose may enter the cell, room or apartment wherein any 3 inmates are confined. 4 (2) If the chief administrator at the time of the visit 5 is of the opinion that entry into a cell would be dangerous 6 to the discipline of the correctional institution, then the 7 chief administrator may conduct any inmates with whom the 8 official visitor may desire a private interview into another 9 cell or room as the chief administrator may designate and 10 there permit the private interview between the official 11 visitor and the inmate to take place. 12 (e) Official visitors and employees not exempt from 13 prosecution.--Official visitors and their employees shall not be 14 exempt from prosecution for any criminal offense, including, but 15 not limited to, a violation of 18 Pa.C.S. §§ 5121 (relating to 16 escape), 5122 (relating to weapons or implements for escape) and 17 5123 (relating to contraband). 18 (f) Decree of court.-- 19 (1) If an official visitor violates any provision of 20 this section, any chief administrator of a correctional 21 institution may apply to the appropriate court for a ruling 22 upon the official visitor to show cause why the official 23 visitor should not be deprived of his official visitation 24 status. 25 (2) Upon proof to the satisfaction of the court, the 26 court shall enter a decree against the official visitor 27 depriving him of all rights, privileges and functions of an 28 official visitor. 29 § 3514. Employees of official visitor. 30 One employee of an official visitor may accompany the 20050S0506B2110 - 97 -
1 official visitor when visiting any correctional institution and 2 may be present during an interview conducted by the official 3 visitor. 4 CHAPTER 37 5 INMATE PRERELEASE PLANS 6 Sec. 7 3701. Establishment of prerelease centers. 8 3702. Prerelease plan for inmates. 9 3703. Rules and regulations. 10 3704. Salaries and wages of inmates. 11 § 3701. Establishment of prerelease centers. 12 The department shall establish, with the approval of the 13 Governor, prisoner prerelease centers at such locations 14 throughout this Commonwealth as it deems necessary to carry out 15 effective prisoner prerelease programs. 16 § 3702. Prerelease plan for inmates. 17 (a) Transfer authorization.-- 18 (1) The secretary may transfer an inmate incarcerated in 19 any prerelease center or in any prerelease center located in 20 any State correctional institution who has not been sentenced 21 to death or life imprisonment to any prerelease center. 22 (2) The transfer of the inmate to the prerelease center 23 shall not occur where the transfer is not appropriate due to 24 a certified terminal illness. 25 (b) Temporary release.--An inmate transferred to and 26 confined in a prerelease center may be released temporarily with 27 or without direct supervision at the discretion of the 28 department, in accordance with rules and regulations as provided 29 in section 3703 (relating to rules and regulations), for the 30 purposes of gainful employment, vocational or technical 20050S0506B2110 - 98 -
1 training, academic education and such other lawful purposes as 2 the department shall consider necessary and appropriate for the 3 furtherance of the inmate's individual prerelease program 4 subject to compliance with subsection (c). 5 (c) Conditions for release of certain inmates.-- 6 (1) An inmate who has not served his minimum sentence 7 may not be transferred to a prerelease center unless: 8 (i) more than 20 days have elapsed after written 9 notice of the proposed transfer, describing the inmate's 10 individual prerelease program, has been received by the 11 sentencing judge or, in the event the sentencing judge is 12 unavailable, the sentencing court and the prosecuting 13 district attorney's office and no written objection by 14 the judge containing the reason therefor has been 15 received by the department; 16 (ii) the judge withdraws his objection after 17 consultation with representatives of the department; or 18 (iii) approval of the proposed transfer is given by 19 the Board of Pardons. 20 (2) In the event of a timely objection by the judge, 21 representatives of the department shall meet with the judge 22 and attempt to resolve the disagreement. 23 (3) If, within 20 days of the department's receipt of 24 the objection: 25 (i) the judge does not withdraw his objection; 26 (ii) the department does not withdraw its proposal 27 for transfer; or 28 (iii) the judge and the department do not agree on 29 an alternate proposal for transfer, the matter shall be 30 listed for hearing at the next session of the Board of 20050S0506B2110 - 99 -
1 Pardons to be held in the hearing district in which the 2 judge is located. 3 (4) During the hearing before the Board of Pardons, 4 representatives of the judge, the department, the district 5 attorney of the county where the inmate was prosecuted and 6 any victim involved shall have the opportunity to be heard. 7 (d) Notice of release.-- 8 (1) An inmate who has served his minimum sentence may be 9 released by the department only after notice to the judge 10 that the privilege is being granted. 11 (2) Notice of the release of an inmate shall be given to 12 the Pennsylvania State Police, the probation officer and the 13 sheriff or chief of police of the county, and the chief of 14 police of the municipality or township of the locality to 15 which the inmate is assigned or of the inmate's authorized 16 destination. 17 § 3703. Rules and regulations. 18 The department shall establish rules and regulations for 19 granting and administering release plans and shall determine 20 those inmates who may participate in any plan. If an inmate 21 violates the rules or regulations prescribed by the department, 22 the inmate's release privileges may be withdrawn. Failure of an 23 inmate to report to or return from the assigned place of 24 employment, training, education or other authorized destination 25 shall be deemed an offense under 18 Pa.C.S. § 5121 (relating to 26 escape). 27 § 3704. Salaries and wages of inmates. 28 (a) General rule.--The salaries or wages of inmates 29 gainfully employed under a plan established under this section 30 shall be collected by the department or its designated agents or 20050S0506B2110 - 100 -
1 employees. The wages shall not be subject to garnishment or 2 attachment for any purpose either in the hands of the employer 3 or the department during the inmate's term of imprisonment and 4 shall be disbursed only as provided in this section, but for tax 5 purposes they shall be income of the inmate. 6 (b) Use of salaries or wages.--The salaries or wages of an 7 inmate participating in a plan established under this section 8 shall be disbursed by the department in the following order: 9 (1) The board of the inmate, including food and 10 clothing. 11 (2) Necessary travel expense to and from work and other 12 incidental expenses of the inmate. 13 (3) Support of the inmate's dependents, if any. 14 (4) Payment, either in full or ratably, of the inmate's 15 obligations acknowledged by him in writing or which have been 16 reduced to judgment. 17 (5) The balance, if any, to the inmate upon his 18 discharge. 19 CHAPTER 39 20 MOTIVATIONAL BOOT CAMP 21 Sec. 22 3901. Scope of chapter. 23 3902. Declaration of policy. 24 3903. Definitions. 25 3904. Selection of inmate participants. 26 3905. Motivational boot camp program. 27 3906. Procedure for selection of participant in motivational 28 boot camp program. 29 3907. Completion of motivational boot camp program. 30 3908. Appeals. 20050S0506B2110 - 101 -
1 § 3901. Scope of chapter. 2 This chapter authorizes motivational boot camps. 3 § 3902. Declaration of policy. 4 The General Assembly finds and declares as follows: 5 (1) The Commonwealth recognizes the severe problem of 6 overcrowding in correctional institutions and understands 7 that overcrowding is a causative factor contributing to 8 insurrection and prison rioting. 9 (2) The Commonwealth also recognizes that the frequency 10 of convictions responsible for the dramatic expansion of the 11 population in correctional institutions is attributable in 12 part to the increased use of drugs and alcohol. 13 (3) The Commonwealth, in wishing to salvage the 14 contributions and dedicated work which its displaced citizens 15 may someday offer, is seeking to explore alternative methods 16 of incarceration which might serve as the catalyst for 17 reducing criminal behavior. 18 § 3903. Definitions. 19 The following words and phrases when used in this chapter 20 shall have the meanings given to them in this section unless the 21 context clearly indicates otherwise: 22 "Commission." The Pennsylvania Commission on Sentencing. 23 "Eligible inmate." A person sentenced to a term of 24 confinement under the jurisdiction of the Department of 25 Corrections who is serving a term of confinement, the minimum of 26 which is not more than two years and the maximum of which is 27 five years or less or an inmate who is serving a term of 28 confinement the minimum of which is not more than three years 29 where that inmate is within two years of completing his minimum 30 term, and who has not reached 35 years of age at the time he is 20050S0506B2110 - 102 -
1 approved for participation in the motivational boot camp 2 program. The term shall not include any inmate who is subject to 3 a sentence the calculation of which included an enhancement for 4 the use of a deadly weapon as defined pursuant to the sentencing 5 guidelines promulgated by the Pennsylvania Commission on 6 Sentencing or any inmate serving a sentence for any violation of 7 one or more of the following provisions: 8 18 Pa.C.S. § 2502 (relating to murder). 9 18 Pa.C.S. § 2503 (relating to voluntary manslaughter). 10 18 Pa.C.S. § 2506 (relating to drug delivery resulting in 11 death). 12 18 Pa.C.S. § 2901 (relating to kidnapping). 13 18 Pa.C.S. § 3121 (relating to rape). 14 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual 15 intercourse). 16 18 Pa.C.S. § 3124.1 (relating to sexual assault). 17 18 Pa.C.S. § 3125 (relating to aggravated indecent 18 assault). 19 18 Pa.C.S. § 3301(a)(1)(i) (relating to arson and related 20 offenses). 21 18 Pa.C.S. § 3502 (relating to burglary) in the case of 22 burglary of a structure adapted for overnight accommodation 23 in which at the time of the offense any person is present. 24 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to 25 robbery). 26 18 Pa.C.S. § 3702 (relating to robbery of motor vehicle). 27 18 Pa.C.S. § 7508 (a)(1)(iii), (2)(iii), (3)(iii) or 28 (4)(iii) (relating to drug trafficking sentencing and 29 penalties). 30 "Motivational boot camp." A program in which eligible 20050S0506B2110 - 103 -
1 inmates participate for a period of six months in a humane 2 program for motivational boot camp programs which shall provide 3 for rigorous physical activity, intensive regimentation and 4 discipline, work on public projects, substance abuse treatment 5 services licensed by the Department of Health, continuing 6 education, vocational training, prerelease counseling and 7 community corrections aftercare. 8 § 3904. Selection of inmate participants. 9 (a) Duties of commission.--Through the use of sentencing 10 guidelines, the commission shall employ the definition of 11 "eligible inmate" as provided in this chapter to further 12 identify inmates who would be appropriate for participation in a 13 motivational boot camp. 14 (b) Duties of sentencing judge.--The sentencing judge shall 15 employ the sentencing guidelines to identify those defendants 16 who are eligible for participation in a motivational boot camp. 17 The judge shall have the discretion to exclude a defendant from 18 eligibility if the judge determines that the defendant would be 19 inappropriate for placement in a motivational boot camp. The 20 judge shall note on the sentencing order whether the defendant 21 has been identified as eligible for a motivational boot camp 22 program. 23 (c) Duties of department.--The secretary shall promulgate 24 rules and regulations providing for inmate selection criteria 25 and the establishment of motivational boot camp selection 26 committees within each diagnostic and classification center of 27 the department. 28 § 3905. Motivational boot camp program. 29 (a) Establishment.--There is hereby established in the 30 department a motivational boot camp program. 20050S0506B2110 - 104 -
1 (b) Program objectives.--The objectives of the program are: 2 (1) To protect the health and safety of the Commonwealth 3 by providing a program which will reduce recidivism and 4 promote characteristics of good citizenship among eligible 5 inmates. 6 (2) To divert inmates who ordinarily would be sentenced 7 to traditional forms of confinement under the custody of the 8 department to motivational boot camps. 9 (3) To provide discipline and structure to the lives of 10 eligible inmates and to promote these qualities in the 11 postrelease behavior of eligible inmates. 12 (c) Rules and regulations.-- 13 (1) The secretary shall promulgate rules and regulations 14 which shall include, but not be limited to, inmate 15 discipline, selection criteria, programming and supervision 16 and administration. 17 (2) The department shall provide four weeks of intensive 18 training for all staff prior to the start of their 19 involvement with the program. 20 (d) Approval.--Motivational boot camp programs may be 21 established only at correctional institutions classified by the 22 secretary as motivational boot camp institutions. 23 (e) Evaluation.--The department and the commission shall 24 monitor and evaluate the motivational boot camp programs to 25 ensure that the programmatic objectives are met. Both shall 26 present biennial reports of the evaluations to the Judiciary 27 Committee of the Senate and the Judiciary Committee of the House 28 of Representatives no later than February 1 in alternate years. 29 § 3906. Procedure for selection of participant in motivational 30 boot camp program. 20050S0506B2110 - 105 -
1 (a) Application.--An eligible inmate may make an application 2 to the motivational boot camp selection committee for permission 3 to participate in the motivational boot camp program. 4 (b) Selection.--If the selection committee determines that 5 an inmate's participation in the program is consistent with the 6 safety of the community, the welfare of the applicant, the 7 programmatic objectives and the rules and regulations of the 8 department, the committee shall forward the application to the 9 secretary or his designee for approval or disapproval. 10 (c) Conditions.--Applicants may not participate in the 11 motivational boot camp program unless they agree to be bound by 12 all the terms and conditions thereof and indicate their 13 agreement by signing a memorandum of understanding. 14 (d) Qualifications to participate.--Satisfaction of the 15 qualifications set forth in this section to participate does not 16 mean that an inmate will automatically be permitted to 17 participate in the program. 18 (e) Expulsion from program.-- 19 (1) An inmate's participation in the motivational boot 20 camp unit may be suspended or revoked for administrative or 21 disciplinary reasons. 22 (2) The department shall develop regulations consistent 23 with this subsection. 24 § 3907. Completion of motivational boot camp program. 25 Upon certification by the department of the inmate's 26 successful completion of the program, the Pennsylvania Board of 27 Probation and Parole shall immediately release the inmate on 28 parole, notwithstanding any minimum sentence imposed in the 29 case. The parolee will be subject to intensive supervision for a 30 period of time determined by the board, after which the parolee 20050S0506B2110 - 106 -
1 will be subject to the usual parole supervision. For all other 2 purposes, the parole of the inmate shall be as provided by 3 Chapter 61 (relating to Pennsylvania Board of Probation and 4 Parole). 5 § 3908. Appeals. 6 Nothing in this chapter shall be construed to enlarge or 7 limit the right of an inmate to appeal his or her sentence. 8 CHAPTER 41 9 STATE INTERMEDIATE PUNISHMENT 10 Sec. 11 4101. Scope of chapter. 12 4102. Findings and purpose. 13 4103. Definitions. 14 4104. Referral to State intermediate punishment program. 15 4105. Drug offender treatment program. 16 4106. Written guidelines and regulations. 17 4107. Reports. 18 4108. Construction. 19 4109. Evaluation. 20 § 4101. Scope of chapter. 21 This chapter relates to State intermediate punishment. 22 § 4102. Findings and purpose. 23 The General Assembly finds as follows: 24 (1) Many crimes are committed by persons who, because of 25 their addiction to drugs or alcohol, are unable to maintain 26 gainful employment. 27 (2) These persons often commit crimes as a means of 28 obtaining the funds necessary to purchase drugs or alcohol. 29 (3) Many persons commit crimes while under the influence 30 of drugs or alcohol even though they are not addicted to such 20050S0506B2110 - 107 -
1 substances in a clinical sense. 2 (4) Punishing persons who commit crimes is an important 3 aspect of recognizing the harm that criminals visit upon 4 their victims. 5 (5) Many people who commit crimes will be able to become 6 law-abiding, contributing members of society if they are able 7 to obtain treatment for their drug or alcohol addiction or 8 abuse. 9 (6) The purpose of this chapter is to create a program 10 that punishes person who commit crimes, but also provides 11 treatment that offers the opportunity for those persons to 12 address their drug or alcohol addiction or abuse and thereby 13 reduce the incidents of recidivism and enhance public safety. 14 § 4103. Definitions. 15 The following words and phrases when used in this chapter 16 shall have the meanings given to them in this section unless the 17 context clearly indicates otherwise: 18 "Commission." The Pennsylvania Commission on Sentencing. 19 "Community-based therapeutic community." A long-term 20 residential addiction treatment program licensed by the 21 Department of Health to provide addiction treatment services 22 using a therapeutic community model and determined by the 23 Department of Corrections to be qualified to provide addiction 24 treatment to eligible offenders. 25 "Community corrections center." A residential program that 26 is supervised and operated by the Department of Corrections for 27 inmates with prerelease status or who are on parole. 28 "Court." The trial judge exercising sentencing jurisdiction 29 over an eligible offender under this chapter or the president 30 judge if the original trial judge is no longer serving as a 20050S0506B2110 - 108 -
1 judge of the sentencing court. 2 "Defendant." An individual charged with a drug-related 3 offense. 4 "Department." The Department of Corrections of the 5 Commonwealth. 6 "Drug offender treatment program." An individualized 7 treatment program established by the Department of Corrections 8 consisting primarily of drug and alcohol addiction treatment 9 that satisfies the terms and conditions listed in section 4105 10 (relating to drug offender treatment program). 11 "Drug-related offense." A criminal offense for which a 12 defendant is convicted and that the court determines was 13 motivated by the defendant's consumption of or addiction to 14 alcohol or a controlled substance, counterfeit, designer drug, 15 drug, immediate precursor or marihuana, as those terms are 16 defined in the act of April 14, 1972 (P.L.233, No.64), known as 17 The Controlled Substance, Drug, Device and Cosmetic Act. 18 "Eligible offender." Subject to 42 Pa.C.S. § 9721(a.1) 19 (relating to sentencing generally), a defendant designated by 20 the sentencing court as a person convicted of a drug-related 21 offense who: 22 (1) Has undergone an assessment performed by the 23 Department of Corrections, which assessment has concluded 24 that the defendant is in need of drug and alcohol addiction 25 treatment and would benefit from commitment to a drug 26 offender treatment program and that placement in a drug 27 offender treatment program would be appropriate. 28 (2) Does not demonstrate a history of present or past 29 violent behavior. 30 (3) Would be placed in the custody of the department if 20050S0506B2110 - 109 -
1 not sentenced to State intermediate punishment. 2 (4) Provides written consent permitting release of 3 information pertaining to the defendant's participation in a 4 drug offender treatment program. 5 The term shall not include a defendant who is subject to a 6 sentence the calculation of which includes an enhancement for 7 the use of a deadly weapon, as defined pursuant to law or the 8 sentencing guidelines promulgated by the Pennsylvania Commission 9 on Sentencing, or a defendant who has been convicted of a 10 personal injury crime as defined in section 103 of the act of 11 November 24, 1998 (P.L.882, No.111), known as the Crime Victims 12 Act, or an attempt or conspiracy to commit such a crime or who 13 has been convicted of violating 18 Pa.C.S. § 4302 (relating to 14 incest), 5901 (relating to open lewdness), 6312 (relating to 15 abuse of children), 6318 (relating to unlawful contact with 16 minor) or 6320 (relating to sexual exploitation of children) or 17 Ch. 76 Subch. C (relating to Internet child pornography). 18 "Expulsion." The permanent removal of a participant from a 19 drug offender treatment program. 20 "Group home." A residential program that is contracted out 21 by the Department of Corrections to a private service provider 22 for inmates with prerelease status or who are on parole. 23 "Individualized drug offender treatment plan." An 24 individualized addiction treatment plan within the framework of 25 the drug offender treatment program. 26 "Institutional therapeutic community." A residential drug 27 treatment program in a State correctional institution, 28 accredited as a therapeutic community for treatment of drug and 29 alcohol abuse and addiction by the American Correctional 30 Association or other nationally recognized accreditation 20050S0506B2110 - 110 -
1 organization for therapeutic community drug and alcohol 2 addiction treatment. 3 "Outpatient addiction treatment facility." An addiction 4 treatment facility licensed by the Department of Health and 5 designated by the Department of Corrections as qualified to 6 provide addiction treatment to criminal justice offenders. 7 "Participant." An eligible offender actually sentenced to 8 State intermediate punishment pursuant to 42 Pa.C.S. § 9 9721(a)(7) (relating to sentencing generally). 10 "Transitional residence." A residence investigated and 11 approved by the Department of Corrections as appropriate for 12 housing a participant in a drug offender treatment program. 13 § 4104. Referral to State intermediate punishment program. 14 (a) Referral for evaluation.-- 15 (1) Prior to imposing a sentence, the court may, upon 16 motion of the Commonwealth and agreement of the defendant, 17 commit a defendant to the custody of the department for the 18 purpose of evaluating whether the defendant would benefit 19 from a drug offender treatment program and whether placement 20 in the drug offender treatment program is appropriate. 21 (2) Upon committing a defendant to the department, the 22 court shall forward to the department: 23 (i) A summary of the offense for which the defendant 24 has been convicted. 25 (ii) Information relating to the defendant's history 26 of delinquency or criminality, including the information 27 maintained by the court pursuant to 42 Pa.C.S. Ch. 63 28 (relating to juvenile matters), when available. 29 (iii) Information relating to the defendant's 30 history of drug or alcohol abuse or addiction, when 20050S0506B2110 - 111 -
1 available. 2 (iv) A presentence investigation report, when 3 available. 4 (v) Any other information the court deems relevant 5 to assist the department with its assessment of the 6 defendant. 7 (b) Assessment of addiction.-- 8 (1) The department shall conduct an assessment of the 9 addiction and other treatment needs of a defendant and 10 determine whether the defendant would benefit from a drug 11 offender treatment program. The assessment shall be conducted 12 using a nationally recognized assessment instrument or an 13 instrument that has been normed and validated on the 14 department's inmate population by a recognized expert in such 15 matters. The assessment instrument shall be administered by 16 persons skilled in the treatment of drug and alcohol 17 addiction and trained to conduct assessments. The assessments 18 shall be reviewed and approved by a supervisor with at least 19 three years of experience providing drug and alcohol 20 counseling services. 21 (2) The department shall conduct risk and other 22 assessments it deems appropriate and shall provide a report 23 of its assessment to the court, the defendant, the attorney 24 for the Commonwealth and the commission within 60 days of the 25 court's commitment of the defendant to the custody of the 26 department. 27 (c) Proposed drug offender treatment program.--If the 28 department in its discretion believes a defendant would benefit 29 from a drug offender treatment program and placement in the drug 30 offender treatment program is appropriate, the department shall 20050S0506B2110 - 112 -
1 provide the court, the defendant, the attorney for the 2 Commonwealth and the commission with a proposed drug offender 3 treatment program detailing the type of treatment proposed. 4 (d) Prerequisites for commitment.--Upon receipt of a 5 recommendation for placement in a drug offender treatment 6 program from the department and agreement of the attorney for 7 the Commonwealth and the defendant, the court may sentence an 8 eligible offender to a period of 24 months of State intermediate 9 punishment if the court finds that: 10 (1) The eligible offender is likely to benefit from 11 State intermediate punishment. 12 (2) Public safety would be enhanced by the eligible 13 offender's participation in State intermediate punishment. 14 (3) Sentencing the eligible offender to State 15 intermediate punishment would not depreciate the seriousness 16 of the offense. 17 (e) Consecutive probation.--Nothing in this chapter shall 18 prohibit the court from sentencing an eligible offender to a 19 consecutive period of probation. The total duration of the 20 sentence may not exceed the maximum term for which the eligible 21 offender could otherwise be sentenced. 22 (f) Applicability and program limitations.--The court may 23 not modify or alter the terms of the department's proposed 24 individualized drug offender treatment plan without the 25 agreement of the department and the attorney for the 26 Commonwealth. 27 (g) Videoconferencing.--The department shall make 28 videoconferencing facilities available to allow the court to 29 conduct proceedings necessary under this section when the 30 eligible offender has been committed to the custody of the 20050S0506B2110 - 113 -
1 department pursuant to subsection (b). 2 § 4105. Drug offender treatment program. 3 (a) Establishment.--The department shall establish and 4 administer a drug offender treatment program as a State 5 intermediate punishment. The program shall be designed to 6 address the individually assessed drug and alcohol abuse and 7 addiction needs of a participant and shall address other issues 8 essential to the participant's successful reintegration into the 9 community, including, but not limited to, educational and 10 employment issues. 11 (b) Duration and components.--Notwithstanding any credit to 12 which the defendant may be entitled under 42 Pa.C.S. § 9760 13 (relating to credit for time served), the duration of the drug 14 offender treatment program shall be 24 months and shall include 15 the following: 16 (1) A period in a State correctional institution of not 17 less than seven months. This period shall include: 18 (i) The time during which the defendants are being 19 evaluated by the department under section 4104(b) 20 (relating to referral to State intermediate punishment 21 program). 22 (ii) Following evaluation under subparagraph (i), 23 not less than four months shall be in an institutional 24 therapeutic community. 25 (2) A period of treatment in a community-based 26 therapeutic community of at least two months. 27 (3) A period of at least six months' treatment through 28 an outpatient addiction treatment facility. During the 29 outpatient addiction treatment period of the drug offender 30 treatment program, the participant may be housed in a 20050S0506B2110 - 114 -
1 community corrections center or group home or placed in an 2 approved transitional residence. The participant must comply 3 with any conditions established by the department regardless 4 of where the participant resides during the outpatient 5 addiction treatment portion of the drug offender treatment 6 program. 7 (4) A period of supervised reintegration into the 8 community for the balance of the drug offender treatment 9 program, during which the participant shall continue to be 10 supervised by the department and comply with any conditions 11 imposed by the department. 12 (c) Program management.-- 13 (1) Consistent with the minimum time requirements set 14 forth in subsection (b), the department may transfer, at its 15 discretion, a participant between a State correctional 16 institution, an institutional therapeutic community, a 17 community-based therapeutic community, an outpatient 18 addiction treatment program and an approved transitional 19 residence. The department may also transfer a participant 20 back and forth between less restrictive and more restrictive 21 settings based upon the participant's progress or regression 22 in treatment or for medical, disciplinary or other 23 administrative reasons. 24 (2) This subsection shall be construed to provide the 25 department with the maximum flexibility to administer the 26 drug offender treatment program both as a whole and for 27 individual participants. 28 (d) Right of refusal to admit.--The administrator of a 29 community-based therapeutic community or outpatient addiction 30 treatment facility may refuse to accept a participant whom the 20050S0506B2110 - 115 -
1 administrator deems to be inappropriate for admission and may 2 immediately discharge to the custody of the department any 3 participant who fails to comply with facility rules and 4 treatment expectations or refuses to constructively engage in 5 the treatment process. 6 (e) Notice to court of completion of program.--When the 7 department determines that a participant has successfully 8 completed the drug offender treatment program, it shall notify 9 the sentencing court, the attorney for the Commonwealth and the 10 commission. 11 (f) Expulsion from program.-- 12 (1) A participant may be expelled from the drug offender 13 treatment program at any time in accordance with guidelines 14 established by the department, including failure to comply 15 with administrative or disciplinary procedures or 16 requirements set forth by the department. 17 (2) The department shall promptly notify the court, the 18 defendant, the attorney for the Commonwealth and the 19 commission of the expulsion of a participant from the drug 20 offender treatment program and the reason for such expulsion. 21 The participant shall be housed in a State correctional 22 institution or county jail pending action by the court. 23 (3) The court shall schedule a prompt State intermediate 24 punishment revocation hearing pursuant to 42 Pa.C.S. § 9774 25 (relating to revocation of State intermediate punishment 26 sentence). 27 § 4106. Written guidelines and regulations. 28 The department shall develop written guidelines for 29 participant selection criteria and the establishment of drug 30 offender treatment program selection committees within each 20050S0506B2110 - 116 -
1 diagnostic and classification center of the department and shall 2 address suspensions and expulsions from the drug offender 3 treatment program. The guidelines shall not be subject to the 4 act of June 25, 1982 (P.L.633, No.181), known as the Regulatory 5 Review Act, and shall be effective for a period of two years 6 upon publication in the Pennsylvania Bulletin. The guidelines 7 shall be replaced by regulations promulgated by the department 8 consistent with the Regulatory Review Act within the two-year 9 period during which the guidelines are effective. The 10 regulations shall include a requirement that community-based 11 therapeutic communities utilized in the drug offender treatment 12 program be accredited as a therapeutic community for treatment 13 of drug and alcohol abuse and addiction by the Commission on 14 Accreditation of Rehabilitation Facilities or other nationally 15 recognized accreditation organization for community-based 16 therapeutic communities for drug and alcohol addiction 17 treatment. 18 § 4107. Reports. 19 (a) Final report.--The department shall provide a final 20 report to the court, the defendant, the attorney for the 21 Commonwealth and the commission on a participant's progress in 22 the drug offender treatment program. 23 (b) Evaluation and report to General Assembly.--The 24 department and the commission shall monitor and evaluate the 25 drug offender treatment program to ensure that the programmatic 26 objectives are met. In odd-numbered years, the department shall 27 present a report of its evaluation to the Judiciary Committee of 28 the Senate and the Judiciary Committee of the House of 29 Representatives no later than February 1. In even-numbered 30 years, the commission shall present a report of its evaluation 20050S0506B2110 - 117 -
1 to the Judiciary Committee of the Senate and the Judiciary 2 Committee of the House of Representatives no later than February 3 1. The report shall include: 4 (1) The number of offenders evaluated for the drug 5 offender treatment program. 6 (2) The number of offenders sentenced to the drug 7 offender treatment program. 8 (3) The number of offenders sentenced to a State 9 correctional institution who may have been eligible for the 10 drug offender treatment program. 11 (4) The number of offenders successfully completing the 12 drug offender treatment program. 13 (5) The six-month, one-year, three-year and five-year 14 recidivism rates for offenders who have completed the drug 15 offender treatment program and for a comparison group of 16 offenders who were not placed in the drug offender treatment 17 program. 18 (6) Any changes the department or the commission 19 believes will make the drug offender treatment program more 20 effective. 21 § 4108. Construction. 22 Notwithstanding any other provision of law to the contrary, 23 this chapter shall not be construed to: 24 (1) Confer any legal right upon any individual, 25 including an individual participating in the drug offender 26 treatment program, to: 27 (i) participate in a drug offender treatment 28 program; 29 (ii) continue participation in a drug offender 30 treatment program; 20050S0506B2110 - 118 -
1 (iii) modify the contents of the drug offender 2 treatment program; or 3 (iv) file any cause of action in any court 4 challenging the department's determination that a 5 participant be suspended or expelled from or that a 6 participant has successfully completed or failed to 7 successfully complete treatment to be provided during any 8 portion of a drug offender treatment program. 9 (2) Enlarge or limit the right of a participant to 10 appeal the participant's sentence. 11 § 4109. Evaluation. 12 The department and the commission shall monitor and evaluate 13 the motivational boot camp program under Chapter 39 (relating to 14 motivational boot camp) to ensure that the programmatic 15 objectives are met. In even-numbered years, the department shall 16 present a report of its evaluation to the Judiciary Committee of 17 the Senate and the Judiciary Committee of the House of 18 Representatives no later than February 1. In odd-numbered years, 19 the commission shall present a report of its evaluation to the 20 Judiciary Committee of the Senate and the Judiciary Committee of 21 the House of Representatives no later than February 1. 22 CHAPTER 43 23 EXECUTION PROCEDURE AND METHOD 24 Sec. 25 4301. Definitions. 26 4302. Issuance of warrant. 27 4303. Terms of confinement. 28 4304. Method of execution. 29 4305. Witnesses to execution. 30 4306. Certification of chief administrator. 20050S0506B2110 - 119 -
1 4307. Postmortem examination. 2 4308. Costs of execution and examination. 3 § 4301. Definitions. 4 The following words and phrases when used in this chapter 5 shall have the meanings given to them in this section unless the 6 context clearly indicates otherwise: 7 "Victim." The term shall have the same meaning given to it 8 in section 103 of the act of November 24, 1998 (P.L.882, 9 No.111), known as the Crime Victims Act. 10 "Victim advocate." The victim advocate within the 11 Pennsylvania Board of Probation and Parole. 12 § 4302. Issuance of warrant. 13 (a) Time.-- 14 (1) After the receipt of the record pursuant to 42 15 Pa.C.S. § 9711(i) (relating to sentencing procedure for 16 murder of the first degree), unless a pardon or commutation 17 has been issued, the Governor shall, within 90 days, issue a 18 warrant specifying a day for execution which shall be no 19 later than 60 days after the date the warrant is signed. 20 (2) If because of a reprieve or a judicial stay of the 21 execution the date of execution passes without imposition of 22 the death penalty, unless a pardon or commutation has been 23 issued, the Governor shall, within 30 days after receiving 24 notice of the termination of the reprieve or the judicial 25 stay, reissue a warrant specifying a day for execution which 26 shall be no later than 60 days after the date of reissuance 27 of the warrant. 28 (b) Secretary.--The warrant shall be directed to the 29 secretary commanding that the subject of the warrant be executed 30 on the day named in the warrant and in the manner prescribed by 20050S0506B2110 - 120 -
1 law. 2 (c) Failure to timely comply.--If the Governor fails to 3 timely comply with the provisions of this section and a pardon 4 or commutation has not been issued, the secretary shall, within 5 30 days following the Governor's failure to comply, schedule and 6 carry out the execution no later than 60 days from the date by 7 which the Governor was required to sign the warrant under 8 subsection (a). 9 § 4303. Terms of confinement. 10 Upon receipt of the warrant, the secretary shall, until 11 infliction of the death penalty or until lawful discharge from 12 custody, keep the inmate in solitary confinement. During the 13 confinement, no person shall be allowed access to the inmate 14 without an order of the sentencing court, except the following: 15 (1) The staff of the department. 16 (2) The inmate's counsel of record or other attorney 17 requested by the inmate. 18 (3) A spiritual adviser selected by the inmate or the 19 members of the immediate family of the inmate. 20 § 4304. Method of execution. 21 (a) Injection.-- 22 (1) The death penalty shall be inflicted by injecting 23 the convict with a continuous intravenous administration of a 24 lethal quantity of an ultrashort-acting barbiturate in 25 combination with chemical paralytic agents approved by the 26 department until death is pronounced by the coroner. The 27 coroner shall issue the death certificate. 28 (2) The execution shall be supervised by the chief 29 administrator or his designee of the State correctional 30 institution designated by the department for the execution. 20050S0506B2110 - 121 -
1 (b) Injection agents.--Notwithstanding section 13 of the act 2 of April 14, 1972 (P.L.233, No.64), known as The Controlled 3 Substance, Drug, Device and Cosmetic Act, the secretary or his 4 designee may obtain the injection agents directly from a 5 pharmacist or manufacturer. 6 § 4305. Witnesses to execution. 7 (a) List of witnesses.--No person except the following shall 8 witness any execution under the provisions of this chapter: 9 (1) The chief administrator or his designee of the State 10 correctional institution where the execution takes place. 11 (2) Six reputable adult citizens selected by the 12 secretary. 13 (3) One spiritual adviser, when requested and selected 14 by the inmate. 15 (4) Not more than six duly accredited representatives of 16 the news media. 17 (5) Such staff of the department as may be selected by 18 the secretary. 19 (6) Not more than four victims registered with and 20 selected by the victim advocate. 21 (b) Witnesses.--The secretary may refuse participation by a 22 witness for safety or security reasons. The department shall 23 make reasonable efforts to provide victims a viewing area 24 separate and apart from the area to which other witnesses are 25 admitted. 26 (c) Confidentiality.--The identity of department employees, 27 department contractors or victims who participate in the 28 administration of an execution pursuant to this section shall be 29 confidential. 30 § 4306. Certification of chief administrator. 20050S0506B2110 - 122 -
1 After the execution, the chief administrator or his designee 2 shall certify in writing, under oath or affirmation, to the 3 court of the county where the inmate was sentenced to death that 4 the inmate was duly executed in accordance with this chapter. 5 The certificate shall be filed in the office of the clerk of 6 such court. 7 § 4307. Postmortem examination. 8 (a) General rule.--Immediately after execution, a postmortem 9 examination of the body of the inmate shall be made at the 10 discretion of the coroner of the county in which the execution 11 is performed. The coroner shall report the nature of any 12 examination made. This report shall be annexed to and filed with 13 the certificate required under section 4306 (relating to 14 certification of chief administrator). 15 (b) Disposition of body.--After the postmortem examination, 16 unless claimed by a relative or relatives, the department shall 17 be responsible for disposition of the body. 18 § 4308. Costs of execution and examination. 19 The actual and necessary costs of the execution and the 20 postmortem examination shall be paid by the department. 21 CHAPTER 59 22 MISCELLANEOUS PROVISIONS 23 Sec. 24 5901. Physical welfare of inmates. 25 5902. Contraband prohibited. 26 5903. Inmate uniforms. 27 5904. Assessment and collection of costs. 28 § 5901. Physical welfare of inmates. 29 (a) Physical exercise.-- 30 (1) A chief administrator who may or shall have in 20050S0506B2110 - 123 -
1 charge any inmate, whether the inmate has been tried or not, 2 shall provide the inmate with at least two hours of daily 3 physical exercise in the open, weather permitting, and upon 4 such days on which the weather is inclement, with two hours 5 of daily physical exercise inside of the correctional 6 institution. 7 (2) The physical exercise must be safe and practical, 8 and the judges of several courts are to be the judges 9 thereof. 10 (3) Inmates in segregation or disciplinary status shall 11 receive a minimum of at least one hour of daily exercise five 12 days per week. 13 (b) Limitation.--The physical exercise required by 14 subsection (a) shall not be taken by an inmate within the 15 confines of his cell or room in which the inmate is confined. 16 (c) Applicability.--This section shall not apply to inmates 17 who are confined and not physically able to take the required 18 physical exercise. 19 § 5902. Contraband prohibited. 20 (a) Alcohol and drugs.--No spirituous or fermented liquors, 21 drug, medicine, poison, opium, morphine or any other kind or 22 character of narcotics shall, on any pretense whatever: 23 (1) be sold or given away in a correctional institution 24 or in any building appurtenant thereto, or on the land 25 granted to or owned or leased by the Commonwealth for the use 26 and benefit of inmates; or 27 (2) be brought into a correctional institution or any 28 building appurtenant thereto, or on to the land granted to or 29 owned or leased by the Commonwealth for the use of and 30 benefit of inmates, without a written permit signed by the 20050S0506B2110 - 124 -
1 physician of the correctional institution specifying the 2 quantity and quality of the liquor or narcotic which may be 3 furnished to the inmate or employee in the prison and the 4 name of the inmate or employee for whom and the time when the 5 liquor or narcotic may be furnished, except the ordinary 6 hospital supply of the prisons. 7 (b) Permit.--The permit shall be delivered to and kept by 8 the chief administrator. 9 (c) No secured storage.--No spirituous or fermented liquor, 10 drug, medicine, poison, opium, morphine or any other kind or 11 character of narcotic shall be sold, given away or furnished, 12 either directly or indirectly, to an inmate, either in or 13 anywhere outside of the correctional institution, or be disposed 14 of in such manner or in such a place that it may be secured by 15 an inmate or employee of the prison. 16 (d) Tobacco.--Tobacco may be supplied and used, subject to 17 such regulations as may be adopted by the chief administrator. 18 (e) Weapons.--No weapon or other implement which may be used 19 to injure an inmate or person or in assisting an inmate to 20 escape from imprisonment shall: 21 (1) be sold, given away or furnished to an inmate in any 22 correctional institution or any building appurtenant thereto, 23 or on the land granted to or owned or leased by the 24 Commonwealth for the use and benefit of inmates; 25 (2) be brought into any correctional institution or any 26 building appurtenant thereto, or on to the land granted to or 27 owned or leased by the Commonwealth for the use and benefit 28 of inmates; or 29 (3) be sold, given away or furnished, either directly or 30 indirectly, to an inmate, either in or anywhere outside of 20050S0506B2110 - 125 -
1 the correctional institution, or be disposed of in such a 2 manner or in such a place that it may be secured by an inmate 3 in the correctional institution. 4 (f) Searches.--A chief administrator may search or cause to 5 have searched any person coming to the correctional institution 6 as a visitor, or in any other capacity, who is suspected of 7 having upon his person: 8 (1) any weapon or other implement which may be used to 9 injure an inmate or any other person or in assisting an 10 inmate to escape from imprisonment; or 11 (2) any spirituous or fermented liquor, drug, medicine, 12 poison, opium, morphine or any other kind or character of 13 narcotics. 14 (g) Penalty.--A person who violates any of the provisions of 15 this section commits a felony and shall, upon conviction, be 16 sentenced to pay a fine of not more than $1,000 or to 17 imprisonment for not more than five years, or both. 18 § 5903. Inmate uniforms. 19 While incarcerated, an inmate of a State correctional 20 institution shall wear identifiable prison uniforms and shall 21 not wear civilian clothing. 22 § 5904. Assessment and collection of costs. 23 (a) Power of department.--When the department determines 24 that there has been a financial loss or cost as a result of a 25 violation of a written rule governing inmate behavior, 26 including, but not limited to, property loss or damage or use of 27 a controlled substance, the department may require the inmate to 28 pay to the department, or to the person whose property has been 29 lost or damaged, the value of the property or the costs incurred 30 in the investigation and administrative review of the behavior. 20050S0506B2110 - 126 -
1 (b) Procedures.--The department shall develop written 2 procedures relating to the determination, assessment and 3 collection of the costs of losses due to inmate misconduct. When 4 the procedures have been adopted by the department, the 5 provisions of 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and 6 procedure of Commonwealth agencies) shall not apply to 7 proceedings conducted by the department under this section. 8 (c) Deduction from inmate's institutional account.-- 9 (1) The department may deduct from an inmate's 10 institutional account the amount of any judgment, court- 11 ordered costs or assessments against the inmate under 12 subsection (a). 13 (2) Notice of the deduction shall be provided to the 14 inmate by certified mail or personal notice. 15 PART IV 16 PROBATION AND PAROLE 17 Chapter 18 61. Pennsylvania Board of Probation and Parole 19 63. County Probation Officers' Firearm Education and 20 Training 21 CHAPTER 61 22 PENNSYLVANIA BOARD OF PROBATION AND PAROLE 23 Subchapter 24 A. Preliminary Provisions 25 B. Administration 26 C. Powers and Duties 27 D. State Parole Agents 28 SUBCHAPTER A 29 PRELIMINARY PROVISIONS 30 Sec. 20050S0506B2110 - 127 -
1 6101. Definitions. 2 6102. Operation of parole system generally. 3 § 6101. Definitions. 4 The following words and phrases when used in this chapter 5 shall have the meanings given to them in this section unless the 6 context clearly indicates otherwise: 7 "Board." The Pennsylvania Board of Probation and Parole. 8 § 6102. Operation of parole system generally. 9 The parole system shall operate consistent with the following 10 provisions: 11 (1) The parole system provides several benefits to the 12 criminal justice system, including the provision of adequate 13 supervision of the offender while protecting the public, the 14 opportunity for the offender to become a useful member of 15 society and the diversion of appropriate offenders from 16 prison. 17 (2) In providing these benefits to the criminal justice 18 system, the board shall first and foremost seek to protect 19 the safety of the public. 20 (3) In addition to this goal, the board shall address 21 input by crime victims and assist in the fair administration 22 of justice by ensuring the custody, control and treatment of 23 paroled offenders. 24 SUBCHAPTER B 25 ADMINISTRATION 26 Sec. 27 6111. Pennsylvania Board of Probation and Parole. 28 6112. Board chairperson. 29 6113. Board action. 30 6114. Salaries of board members. 20050S0506B2110 - 128 -
1 6115. Incompatible offices and removal. 2 6116. Meetings. 3 6117. Official seal. 4 6118. Offices. 5 6119. District directors. 6 6120. District office employees. 7 6121. Disciplinary action. 8 6122. Political activities. 9 6123. Advisory committee. 10 § 6111. Pennsylvania Board of Probation and Parole. 11 (a) Establishment.--The Pennsylvania Board of Probation and 12 Parole is reestablished as an independent administrative board 13 for the administration of the probation and parole laws of this 14 Commonwealth. 15 (b) Membership.--The board shall consist of nine members who 16 shall be appointed by the Governor, by and with the advice and 17 consent of a majority of the members of the Senate, and each of 18 whom shall hold office for a term of six years or until that 19 person's successor shall have been duly appointed and qualified, 20 but in no event more than 90 days beyond the expiration of that 21 person's appointed term. 22 (c) Vacancies.-- 23 (1) Vacancies occurring in an office of member of the 24 board by expiration of term, death, resignation, removal or 25 for any other reason shall be filled in the manner provided 26 by section 8 of Article IV of the Constitution of 27 Pennsylvania for the remainder of the term. 28 (2) Whenever a board member's term expires, that 29 member's position shall be immediately deemed a vacancy, and 30 the Governor shall nominate a person to fill that membership 20050S0506B2110 - 129 -
1 position on the board within 90 days of the date of 2 expiration, even if the member continues to remain on the 3 board. 4 (d) Eligibility.--To be eligible to be appointed by the 5 Governor for membership on the board, an individual shall have 6 at least six years of professional experience in parole, 7 probation, social work or related areas, including one year in a 8 supervisory or administrative capacity, and a bachelor's degree. 9 Any equivalent combination of experience and training shall be 10 acceptable. 11 (e) General powers.--Subject to the provisions of this 12 chapter, the board shall have all the powers and shall perform 13 the duties generally vested in and imposed upon independent 14 administrative boards and commissions by the act of April 9, 15 1929 (P.L.177, No.175), known as The Administrative Code of 16 1929, and shall be subject to all the provisions of that act 17 applicable generally to independent administrative boards and 18 commissions. 19 § 6112. Board chairperson. 20 (a) Designation by Governor.--The Governor shall from time 21 to time, as the occasion may arise, designate one of the members 22 of the board to be its chairperson who shall: 23 (1) Direct the operations of the board and fulfill the 24 functions established by this chapter. 25 (2) Secure the effective application of the probation 26 system in all of the courts of this Commonwealth and the 27 enforcement of the probation laws. 28 (3) Preside at all meetings of the board. 29 (4) Perform all the duties and functions of chairperson, 30 including organizing, staffing, controlling, directing and 20050S0506B2110 - 130 -
1 administering the work of the staff. 2 (b) Alternate chairperson.--The board may designate one of 3 its members to act as alternate chairperson during the absence 4 or incapacity of the chairperson and, when so acting, the member 5 so designated shall have and perform all the powers and duties 6 of chairperson of the board, but shall not receive any 7 additional compensation for acting as chairperson. 8 (c) Subject to board policies and procedures.--The 9 chairperson and alternate chairperson, in performing the duties 10 of that office as they relate to parole, reparole and violation 11 and revocation proceedings, shall act in accordance with the 12 policies and procedures established by the board. 13 § 6113. Board action. 14 (a) Quorum.-- 15 (1) A majority of the board shall constitute a quorum 16 for transacting business and, except as otherwise provided in 17 this chapter, a majority vote of those present at any meeting 18 shall be sufficient for any official action taken by the 19 board. 20 (2) Except as provided in subsections (b), (c) and (d), 21 no person shall be paroled or discharged from parole or have 22 his parole revoked, except by a majority of the entire 23 membership of the board. 24 (b) Panel decisions.--The board may make decisions on 25 parole, reparole, return or revocation in panels of two persons. 26 A panel shall consist of one board member and one hearing 27 examiner or of two board members. Panels shall be appointed by 28 the chairperson or the chairperson's designee. 29 (c) Disagreement within panel.-- 30 (1) If there is disagreement on a decision to parole 20050S0506B2110 - 131 -
1 between the members of a panel, the matter shall be decided 2 by a board member appointed by the chairperson or the 3 chairperson's designee, who shall concur with one of the 4 original panel members. 5 (2) If there is disagreement on a revocation decision 6 between the members of the panel, the matter shall be decided 7 by three board members appointed by the chairperson or the 8 chairperson's designee; at least two of these members must 9 not have been on the disagreeing panel, if practicable. 10 (d) Appeal.-- 11 (1) An interested party may appeal a revocation decision 12 within 30 days of the board's order. The decision shall be 13 reviewed by three board members appointed by the chairperson 14 or the chairperson's designee. 15 (2) If practicable, at least two of the board members 16 reviewing the decision must not have been on the panel whose 17 decision is being appealed. The three board members deciding 18 the appeal may affirm, reverse or remand the decision of the 19 panel or may order the matter be heard de novo. 20 § 6114. Salaries of board members. 21 The Executive Board shall determine the salaries to be paid 22 to the members of the board. 23 § 6115. Incompatible offices and removal. 24 (a) General rule.--The members of the board shall not hold 25 any other public office or employment nor engage in any 26 business, profession or employment during their terms of service 27 as members thereof and shall hold their offices during the terms 28 for which they shall have been appointed. 29 (b) Procedure for removal.-- 30 (1) A member of the board may be removed by the 20050S0506B2110 - 132 -
1 Governor, by and with the advice and consent of two-thirds of 2 the members of the Senate. 3 (2) During a recess of the Senate, the Governor may 4 suspend a member of the board for cause, and before 5 suspension the Governor shall furnish to the member a 6 statement in writing of the reasons for the proposed 7 suspension of the member. The suspension shall operate and be 8 effective only until the adjournment of the next session of 9 the Senate following the suspension. 10 § 6116. Meetings. 11 (a) General rule.--As soon as may be convenient after their 12 appointment, the members of the board shall meet and organize. 13 (b) Appointment of secretary.--The members of the board 14 shall appoint a secretary, who: 15 (1) Shall not be a member of the board. 16 (2) Shall hold office at the pleasure of the board. 17 (3) Shall have such powers and perform such duties not 18 inconsistent with any law of this Commonwealth as the board 19 shall prescribe. 20 (4) Shall receive such compensation as the board shall 21 determine in conformity with the rules of the Executive 22 Board. 23 (c) Temporary secretary.--In the absence or incapacity of 24 the secretary to act, the board may designate such other person 25 as it may choose to perform temporarily the duties of secretary. 26 § 6117. Official seal. 27 The board shall adopt an official seal by which its acts and 28 proceedings shall be authenticated and of which the courts shall 29 take judicial notice. The certificate of the chairperson of the 30 board, under the seal of the board and attested by the 20050S0506B2110 - 133 -
1 secretary, shall be accepted in evidence in any judicial 2 proceeding in any court of this Commonwealth as adequate and 3 sufficient proof of the acts and proceedings of the board 4 referenced in the certificate. 5 § 6118. Offices. 6 (a) Principal office.--The principal office of the board 7 shall be in Harrisburg, and the board shall appoint and employ 8 such number and character of officers, agents, clerks, 9 stenographers and employees as may be necessary to carry out the 10 purposes of this chapter. The salaries of persons so appointed 11 and employed by the board shall be fixed by the board. 12 (b) District offices.--The board, with the approval of the 13 Governor, shall divide the Commonwealth for administrative 14 purposes into a suitable number of districts, not to exceed ten, 15 in each of which shall be a district office which shall have 16 immediate charge of the supervision of cases of probation and 17 parole arising in the courts of the judicial districts embraced 18 within its territorial limits, but, as occasion may require, the 19 supervision of particular parolees may be transferred by the 20 board to other appropriate parole districts. 21 (c) Location of district offices.-- 22 (1) The board shall fix and determine the location of 23 the various district offices within their respective 24 districts, having regard to local conditions in each district 25 and to the most convenient and efficient functioning of the 26 office established in each district. 27 (2) At each of the locations so fixed and determined, 28 the board shall provide such office accommodations, 29 furniture, equipment and supplies as may be reasonably 30 suitable and adequate for the proper handling and dispatch of 20050S0506B2110 - 134 -
1 the parole business of the district. 2 (3) The board may enter into contracts on behalf of the 3 Commonwealth for such office accommodations, furniture, 4 equipment and supplies through the Department of General 5 Services. 6 (d) Consideration for fixing compensation.--In fixing 7 compensation for its officers, clerks and employees under the 8 provisions of this chapter, the board shall have regard to the 9 kind, grade or class of service to be rendered, and whenever any 10 standard compensation has been fixed by the Executive Board for 11 any kind, grade or class of service or employment, the 12 compensation of all persons appointed or employed by the board 13 in the same kind, grade or class shall be fixed by it in 14 accordance with such standard. 15 § 6119. District directors. 16 (a) Establishment.--Each district parole office shall be in 17 charge of a district director who: 18 (1) Shall be appointed by the board, with the approval 19 of the Governor. 20 (2) Shall receive such annual salary as the board shall 21 determine in conformity with the rules of the Executive 22 Board. 23 (b) Status and role.--The district director shall be the 24 executive head of the district office to which the district 25 supervisor is appointed and shall have the control, management 26 and direction of all employees of the board assigned to the 27 district, subject to the supervision of the board. 28 § 6120. District office employees. 29 (a) Board to appoint.--The board shall appoint in the 30 various district offices a sufficient number of parole officers, 20050S0506B2110 - 135 -
1 clerks, stenographers and other agents and employees to fully 2 and efficiently administer the parole laws of this Commonwealth, 3 but no employee of the board, other than its secretary and 4 district supervisors, shall be appointed by the board except in 5 the manner provided by this chapter. 6 (b) Salaries and qualifications.--The salaries of the 7 appointees in subsection (a) shall be fixed by the board. The 8 board shall from time to time by appropriate rule or regulation 9 prescribe the qualifications to be possessed by its personnel. 10 The qualifications shall be such as will best promote the 11 efficient operation of probation and parole. 12 § 6121. Disciplinary action. 13 (a) General rule.--Except as otherwise provided in 14 subsection (b), an employee of the board, excluding the 15 secretary and district supervisors, may be removed, discharged 16 or reduced in pay or position only for cause and after being 17 given the reasons therefor in writing and afforded an 18 opportunity to be heard in answer thereto. 19 (b) Exception.--An employee may be suspended without pay and 20 without hearing for a period not exceeding 30 days, but the 21 reason or reasons for the suspension must be given to the 22 employee by the board in writing. 23 (c) Successive suspensions.--There shall not be any 24 successive suspensions of the same employee under this section. 25 § 6122. Political activities. 26 (a) General rule.--No member of the board, or officer, clerk 27 or employee thereof, or any person officially connected with the 28 board: 29 (1) Shall take any active part in politics or be a 30 member of or delegate or alternate to any political 20050S0506B2110 - 136 -
1 convention or be present at such convention, except in the 2 performance of that person's official duties under this 3 chapter. 4 (2) Shall serve as a member of or attend the meetings of 5 any committee of any political party, or take any part in 6 political management or political campaigns, or use that 7 person's office to influence political movements, or to 8 influence the action of any other officer, clerk or employee 9 of the board. 10 (3) Shall in any way or manner interfere with or 11 participate in the conduct of any election or the preparation 12 therefor at the polling place, or with the election officers 13 while counting the votes or returning the ballot boxes, 14 books, papers, election paraphernalia and machinery to the 15 place provided by law, or be within any polling place, except 16 for the purpose of voting as speedily as it reasonably can be 17 done or be otherwise within 50 feet or any polling place, 18 except for purposes of ordinary travel or residence during 19 the period of time beginning with one hour preceding the 20 opening of the polls for holding the election and ending with 21 the time when the election officers shall have finished 22 counting the votes and have left the polling place. 23 (4) Shall directly or indirectly make or give, demand or 24 solicit or be in any manner concerned in making, giving, 25 demanding, soliciting or receiving any assessments, 26 subscriptions or contributions, whether voluntary or 27 involuntary, to any political party or for any political 28 purpose whatsoever. 29 (b) Penalty.--Any person who violates any of the provisions 30 of this section: 20050S0506B2110 - 137 -
1 (1) Commits a misdemeanor of the third degree, and, upon 2 conviction thereof, shall be punished by a fine not exceeding 3 $500 and imprisonment not exceeding one year, or both. 4 (2) Shall forfeit that person's office or employment, as 5 the case may be. 6 (3) Shall not thereafter be appointed or employed by the 7 board in any position or capacity whatsoever. 8 (c) Dismissal required.--The board shall dismiss any 9 officer, clerk or employee thereof who shall violate this 10 section from that person's office or employment. 11 § 6123. Advisory committee. 12 (a) Establishment.--An advisory committee on probation is 13 reestablished to assist the board. 14 (b) Composition.--The advisory committee shall consist of 15 nine members, seven of whom shall be appointed by the Governor, 16 with the consent of a majority of the members of the Senate. At 17 least two shall be judges of courts of record of this 18 Commonwealth, at least one shall be a county commissioner, at 19 least one shall be a chief county probation officer, and the 20 remaining members shall be qualified in the field of probation 21 and parole either by training or experience. The President pro 22 tempore of the Senate and the Speaker of the House of 23 Representatives shall each appoint a member of their respective 24 houses to serve as members of the committee. 25 (c) Terms.-- 26 (1) The term of a member hereafter appointed, except to 27 fill a vacancy, shall be for four years and until their 28 successors have been appointed and qualified, but in no event 29 more than 90 days beyond the expiration of their appointed 30 term. 20050S0506B2110 - 138 -
1 (2) The terms of members of the committee who are 2 appointed by virtue of holding an office as a member of the 3 General Assembly, judge or county commissioner shall continue 4 only so long as that person remains in that office. 5 (3) Vacancies occurring in an office of a member of the 6 advisory committee by expiration of term, death, resignation, 7 removal or for any other reason shall be filled in the manner 8 provided by section 8 of Article IV of the Constitution of 9 Pennsylvania for the remainder of the term. 10 (4) Whenever the term of an advisory committee member, 11 other than one who is a member of the General Assembly, 12 expires, that member's position shall be immediately deemed a 13 vacancy, and the Governor shall nominate a person to fill 14 that membership position on the committee within 90 days of 15 the date of expiration, even if the member continues to 16 remain on the committee. The Governor shall designate one of 17 the members of the committee as its chairperson. 18 (d) Reimbursement of expenses.--Each member of the advisory 19 committee shall be paid all reasonable and necessary travel and 20 other expenses incurred by him in the performance of his duties. 21 (e) Assistance to be provided.--The advisory committee shall 22 aid the chairperson and the board in formulating and reviewing 23 standards for probation personnel and probation services in the 24 counties. 25 SUBCHAPTER C 26 POWERS AND DUTIES 27 Sec. 28 6131. General powers of board. 29 6132. Specific powers of board involving parolees. 30 6133. Probation services. 20050S0506B2110 - 139 -
1 6134. Sentencing court to transmit records to board. 2 6135. Investigation of circumstances of offense. 3 6136. Right of access to inmates. 4 6137. Parole power. 5 6138. Violation of terms of parole. 6 6139. Parole procedure. 7 6140. Victim statements, testimony and participation in 8 hearing. 9 6141. General rules and special regulations. 10 § 6131. General powers of board. 11 (a) General rule.--The board shall have the power and its 12 duty shall be: 13 (1) To supervise and make presentence investigations and 14 reports as provided by law. 15 (2) To collect and maintain copies of all presentence 16 investigations and reports. 17 (3) To collect and maintain a record of all persons who 18 are placed on probation and parole. 19 (4) To collect, compile and publish statistical and 20 other information relating to probation and parole work in 21 all courts and such other information the board may deem of 22 value in probation service. 23 (5) To establish, by regulation, uniform Statewide 24 standards for: 25 (i) Presentence investigations. 26 (ii) The supervision of probationers. 27 (iii) The qualifications for probation personnel. 28 (iv) Minimum salaries. 29 (v) Quality of probation service. 30 The standards for the qualifications of probation personnel 20050S0506B2110 - 140 -
1 shall only apply to probation personnel appointed after the 2 date the standards are established. Should any probation 3 personnel appointed prior to the date the standards were 4 established fail to meet the standards, the court having 5 jurisdiction of such personnel may request the board to 6 establish in-service training for them in accordance with the 7 standards. 8 (6) To adopt regulations establishing specific 9 composition, functions and responsibilities for citizens 10 advisory committees and to receive reports, recommendations 11 or other input concerning parole policies and parole-related 12 concerns from the committees on a regular basis. 13 (7) To adopt regulations establishing criteria for board 14 acceptance of cases for supervision and presentence 15 investigations from counties that on December 31, 1985, 16 maintained adult probation offices and parole systems. 17 (8) To enter into contracts for purchasing community 18 services to assist parolees and to supplement existing 19 programs. 20 (9) To pay the cost of preparole drug screening tests 21 for inmates within the parole release jurisdiction of the 22 board, who are confined in a State or local correctional 23 facility, as required under section 6137 (relating to parole 24 power). 25 (10) To enter into contracts which provide for the 26 continuous electronic monitoring of parolees. 27 (11) To establish and provide for intensive supervision 28 units and day reporting centers for the supervision of 29 parolees. 30 (b) Court-appointed probation officers to submit information 20050S0506B2110 - 141 -
1 to board.--A court that appoints a probation officer shall 2 require the probation officer to submit to the board such 3 information as the board may require on forms prescribed and 4 furnished by the board. 5 (c) Access to county records.--The board shall have free and 6 ready access to all probation and parole records of any county. 7 § 6132. Specific powers of board involving parolees. 8 (a) General rule.--The board shall have exclusive power: 9 (1) (i) To parole and reparole, commit and recommit for 10 violations of parole and to discharge from parole all 11 persons sentenced by any court at any time to 12 imprisonment in a correctional facility. 13 (ii) This paragraph applies to inmates sentenced to 14 definite or flat sentences. 15 (2) (i) To supervise any person placed on parole, when 16 sentenced to a maximum period of less than two years, by 17 any judge of a court having criminal jurisdiction, when 18 the court may by special order direct supervision by the 19 board, in which case the parole case shall be known as a 20 special case and the authority of the board with regard 21 thereto shall be the same as provided in this chapter 22 with regard to parole cases within one of the 23 classifications set forth in this chapter. 24 (ii) Except for such special cases, the powers and 25 duties conferred by this section shall not extend to 26 persons sentenced for a maximum period of less than two 27 years. 28 (3) TO DETAIN AND RECOMMIT A PERSON TO THE DEPARTMENT OF <-- 29 CORRECTIONS FOR VIOLATION OF PAROLE UNLESS THE COUNTY PRISON 30 HAS AGREED TO MAKE ITS FACILITIES AVAILABLE FOR DETENTION AND 20050S0506B2110 - 142 -
1 RECOMMITTAL OF PAROLE VIOLATORS. 2 (b) Construction.--Nothing contained in this section shall 3 be construed to prevent a court from paroling any person 4 sentenced by it for a maximum period of less than two years. 5 (c) Definition.--As used in this section, "period of two 6 years" means the entire continuous term of sentence to which a 7 person is subject, whether for one or more sentences, either to 8 simple imprisonment or to an indeterminate imprisonment as 9 authorized by law to be imposed for criminal offenses. 10 § 6133. Probation services. 11 (a) General rule.--The board shall have exclusive power to 12 supervise any person placed on probation by any judge of a court 13 having criminal jurisdiction, when the court by special order 14 directs supervision by the board. 15 (b) Presentence investigations.--The board shall make 16 presentence investigations when requested to do so by the court. 17 (c) Grant-in-aid.-- 18 (1) A county that provides additional probation staff 19 for presentence investigations and improved probation 20 supervision and program shall receive a grant-in-aid from the 21 Commonwealth through the board for additional cost incurred 22 thereby but only to the extent that the additional staff and 23 program meet the qualifications and standards established by 24 the board. 25 (2) The grant-in-aid shall provide 80% of the personnel 26 salary costs incurred by a county to administer these 27 additional services and programs. 28 (3) If insufficient funds are appropriated, each county 29 shall receive a prorated reduction in the grant-in-aid. 30 (4) The board shall establish rules and regulations for 20050S0506B2110 - 143 -
1 the allocation of funds available for such grants-in-aid. 2 (d) In-service training.--The board shall provide in-service 3 training for personnel of county probation offices when 4 requested to do so by the court having jurisdiction of the 5 probation office. 6 § 6134. Sentencing court to transmit records to board. 7 (a) Duty to transmit.--A court sentencing any person for a 8 term as to which power to parole is given to the board in this 9 chapter shall transmit to the board, within 30 days after the 10 imposition of the sentence: 11 (1) A copy of the notes of testimony of the sentencing 12 hearing that may have been filed of record in the case. 13 (2) Copies of any criminal identification records 14 secured from the Federal Bureau of Investigation. 15 (3) Copies of presentence investigation reports and 16 behavior clinic reports, if any were submitted to the court, 17 the last two of which records, being confidential records of 18 the court, shall be treated confidentially by the members of 19 the board, who shall not permit examination of the records by 20 anyone other than its duly appointed agents or 21 representatives except upon court order. 22 (b) Recommendations from judge.-- 23 (1) A judge may make at any time a recommendation to the 24 board respecting the person sentenced and the term of 25 imprisonment the judge believes that person should be 26 required to serve before a parole is granted to that person. 27 (2) A recommendation made by a judge under paragraph (1) 28 respecting the parole or terms of parole of a person shall be 29 advisory only. No order in respect to the recommendation made 30 or attempted to be made as a part of a sentence shall be 20050S0506B2110 - 144 -
1 binding upon the board in performing the duties and functions 2 conferred on it by this chapter. 3 § 6135. Investigation of circumstances of offense. 4 (a) Duty to investigate.--The board, on the commitment to a 5 correctional facility of any person whom the board is given the 6 power to parole under this chapter, shall consider: 7 (1) The nature and circumstances of the offense 8 committed. 9 (2) Any recommendations made by the trial judge and 10 prosecuting attorney. 11 (3) The general character and background of the inmate. 12 (4) Participation by an inmate sentenced after February 13 19, 1999, and who is serving a sentence for a crime of 14 violence as defined in 42 Pa.C.S. § 9714(g) (relating to 15 sentences for second and subsequent offenses) in a victim 16 impact education program offered by the Department of 17 Corrections. 18 (5) The written or personal statement of the testimony 19 of the victim or the victim's family submitted pursuant to 20 section 6140 (relating to victim statements, testimony and 21 participation in hearing). 22 (6) The notes of testimony of the sentencing hearing, if 23 any, together with such additional information regarding the 24 nature and circumstances of the offense committed for which 25 sentence was imposed as may be available. 26 (7) The conduct of the person while in prison and his 27 physical, mental and behavior condition and history, his 28 history of family violence and his complete criminal record. 29 (b) Cooperation of public officials.--A public official who 30 possesses such records or information shall furnish the records 20050S0506B2110 - 145 -
1 or information to the board upon its request and without charge 2 so far as may be practicable while the case is recent. 3 § 6136. Right of access to inmates. 4 All prison officials shall: 5 (1) At all reasonable times grant access to any inmate 6 whom the board has power to parole to the members of the 7 board or its properly accredited representatives. 8 (2) At all reasonable times provide for the board or its 9 properly accredited representative facilities for 10 communicating with and observing an inmate while imprisoned. 11 (3) Furnish to the board from time to time such reports 12 concerning the conduct of inmates in their custody as the 13 board shall by general rule or special order require, 14 together with any other facts deemed pertinent in aiding the 15 board to determine whether such inmates shall be paroled. 16 § 6137. Parole power. 17 (a) General criteria for parole.-- 18 (1) The board may release on parole any inmate to whom 19 the power to parole is granted to the board by this chapter, 20 except an inmate condemned to death or serving life 21 imprisonment, whenever in its opinion: 22 (i) The best interests of the inmate justify or 23 require the inmate being paroled. 24 (ii) It does not appear that the interests of the 25 Commonwealth will be injured by the inmate being paroled. 26 (2) Parole shall be subject in every instance to the 27 Commonwealth's right to immediately retake and hold in 28 custody without further proceedings any parolee charged after 29 his parole with an additional offense until a determination 30 can be made whether to continue his parole status. 20050S0506B2110 - 146 -
1 (3) The power to parole granted under this section to 2 the board may not be exercised in the board's discretion at 3 any time before, but only after, the expiration of the 4 minimum term of imprisonment fixed by the court in its 5 sentence or by the Board of Pardons in a sentence which has 6 been reduced by commutation. 7 (4) In no case shall the board act upon an application 8 of an inmate: 9 (i) whose term of imprisonment was commuted from 10 life to life on parole; 11 (ii) who was serving a term of imprisonment for a 12 crime of violence; or 13 (iii) who is serving a sentence under 42 Pa.C.S. § 14 9712 (relating to sentences for offenses committed with 15 firearms) unless the inmate has served at least one year 16 in a prerelease center. 17 (5) Upon parole, a parolee subject to paragraph (3) 18 shall be subject to weekly supervision for the first six 19 months of parole. 20 (b) Preparole drug screening tests.-- 21 (1) The board may not release a person on parole unless 22 the person achieves a negative result within 45 days prior to 23 the date of release in a screening test approved by the 24 Department of Health for the detection of the presence of 25 controlled substances or designer drugs under the act of 26 April 14, 1972 (P.L.233, No.64), known as The Controlled 27 Substance, Drug, Device and Cosmetic Act. 28 (2) The cost of these preparole drug screening tests for 29 inmates subject to the parole release jurisdiction of the 30 board, whether confined in a correctional institution or 20050S0506B2110 - 147 -
1 county prison, shall be paid by the board. The board shall 2 establish rules and regulations for the payment of these 3 costs and may limit the types and cost of these screening 4 tests that would be subject to payment by the board. 5 (3) (i) The board shall establish, as a condition of 6 continued parole for a parolee who, as an inmate, tested 7 positive for the presence of a controlled substance or a 8 designer drug or who was paroled from a sentence arising 9 from a conviction under The Controlled Substance, Drug, 10 Device and Cosmetic Act or from a drug-related crime, the 11 parolee's achievement of negative results in such 12 screening tests randomly applied. 13 (ii) The random screening tests shall be performed 14 at the discretion of the board, and the parolee 15 undergoing the tests shall be responsible for the costs 16 of the tests. 17 (iii) The funds collected for the tests shall be 18 applied against the contract for such testing between the 19 board and a testing laboratory approved by the Department 20 of Health. 21 (c) Crimes of violence.--The board may not release a person 22 who is sentenced after February 19, 1999, and is serving a 23 sentence for a crime of violence as defined in 42 Pa.C.S. § 24 9714(g) (relating to sentences for second and subsequent 25 offenses) on parole unless the person has received instruction 26 from the Department of Corrections on the impact of crime on 27 victims and the community. 28 (d) Power to recommit.--The board may, during the period for 29 which an inmate shall have been sentenced, recommit the inmate, 30 if paroled, for violation of the terms and conditions of his 20050S0506B2110 - 148 -
1 parole and from time to time to reparole and recommit in the 2 same manner and with the same procedure as in the case of an 3 original parole or recommitment if, in the judgment of the 4 board: 5 (1) There is a reasonable probability that the inmate 6 will be benefited by paroling the inmate again. 7 (2) It does not appear that the interests of the 8 Commonwealth will be injured thereby. 9 (e) Notice to county probation department.--When the board 10 releases a parolee from a correctional facility, the board shall 11 provide written notice to the probation department located in 12 the county where the sentencing order was imposed of the release 13 and new address of the parolee. 14 § 6138. Violation of terms of parole. 15 (a) Convicted violators.-- 16 (1) A parolee under the jurisdiction of the board 17 released from a correctional facility who, during the period 18 of parole or while delinquent on parole, commits a crime 19 punishable by imprisonment, for which the parolee is 20 convicted or found guilty by a judge or jury or to which the 21 parolee pleads guilty or nolo contendere at any time 22 thereafter in a court of record, may at the discretion of the 23 board be recommitted as a parole violator. 24 (2) If the parolee's recommitment is so ordered, the 25 parolee shall be reentered to serve the remainder of the term 26 which the parolee would have been compelled to serve had the 27 parole not been granted and shall be given no credit for the 28 time at liberty on parole. 29 (3) The board may, in its discretion, reparole whenever, 30 in its opinion, the best interests of the inmate justify or 20050S0506B2110 - 149 -
1 require the inmate's release on parole and it does not appear 2 that the interests of the Commonwealth will be injured 3 thereby. 4 (4) The period of time for which the parole violator is 5 required to serve shall be computed from and begin on the 6 date that the parole violator is taken into custody to be 7 returned to the institution as a parole violator. 8 (5) If a new sentence is imposed on the parolee, the 9 service of the balance of the term originally imposed shall 10 precede the commencement of the new term imposed in the 11 following cases: 12 (i) If a person is paroled from a State correctional 13 institution and the new sentence imposed on the person is 14 to be served in the State correctional institution. 15 (ii) If a person is paroled from a county prison and 16 the new sentence imposed upon him is to be served in the 17 same county prison. THE COUNTY PRISON HAS THE SOLE <-- 18 DISCRETION TO TRANSFER THE PAROLEE TO THE CUSTODY OF THE 19 DEPARTMENT OF CORRECTIONS. 20 (iii) In all other cases, the service of the new 21 term for the latter crime shall precede commencement of 22 the balance of the term originally imposed. 23 (6) Where the new term is to be served last or the 24 balance of the term originally imposed is to be served last, 25 and the service is, in either case, in any correctional 26 facility: 27 (i) Any person upon recommitment shall be sent to 28 the institution as shall be designated by the Secretary 29 of Corrections or his designee. 30 (ii) Any female person shall be recommitted to the 20050S0506B2110 - 150 -
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 20050S0506B2110 - 151 -
1 the time the parolee's delinquent conduct occurred for the 2 unexpired period of the maximum sentence imposed by the court 3 without credit for the period the parolee was delinquent on 4 parole. The parolee shall serve the remainder so computed 5 from the date the parolee is taken into custody on the 6 warrant of the board. 7 (4) The parolee shall be subject to reparole by the 8 board whenever in its opinion the best interests of the 9 inmate justify or require the parolee being reparoled and it 10 does not appear that the interests of the Commonwealth will 11 be injured reparoling the parolee. 12 (d) Recommitment.--A technical violator under subsection (c) 13 shall be recommitted to a correctional facility for service of 14 the balance of the term originally imposed as follows: 15 (1) If paroled from a county prison, to the same <-- 16 institution or CUSTODY OF THE DEPARTMENT OF CORRECTIONS <-- 17 UNLESS THE COUNTY PRISON FROM WHICH THE PAROLE VIOLATOR WAS 18 PAROLED HAS AGREED TO DETAIN OR RECOMMIT THE PAROLE VIOLATOR. 19 THIS CLAUSE SHALL NOT BE CONSTRUED TO PREVENT THE TRANSFER OF 20 A PAROLE VIOLATOR to any other institution to which THE <-- 21 VIOLATOR MAY BE legally transferred. 22 (2) If paroled from the State Correctional Institution 23 at Camp Hill and on recommitment the person has not attained 24 21 years of age, to the same institution. 25 (3) If paroled from the State Correctional Institution 26 at Muncy, to the same institution. 27 (4) If paroled from any other State correctional 28 institution, to the nearest correctional diagnostic and 29 classification center wherein the person shall be classified 30 for service of the balance of the term in the institution as 20050S0506B2110 - 152 -
1 shall be designated by the Secretary of Corrections or his 2 designee. 3 § 6139. Parole procedure. 4 (a) Specific requirements.-- 5 (1) The board may, subject to the provisions and 6 limitations set forth in section 6138 (relating to violation 7 of terms of parole), grant paroles of its own motion whenever 8 in its judgment the interests of justice require the granting 9 of these paroles. 10 (2) The board shall consider applications for parole by 11 an inmate or the inmate's attorney. 12 (3) Notwithstanding the provisions of paragraph (2), the 13 board shall not be required to consider nor dispose of an 14 application by an inmate or an inmate's attorney where a 15 parole decision has been issued by the board on that case 16 within one year of the date of the current application for 17 parole. 18 (4) Hearings of applications shall be held by the board 19 whenever in its judgment hearings are necessary. Reasonable 20 rules and regulations shall be adopted by the board for the 21 presentation and hearing of applications for parole. 22 (5) Whenever an inmate is paroled by the board, whether 23 of its own motion or after hearing of an application for 24 parole, or whenever an application for parole is refused by 25 the board, a brief statement of the reasons for the board's 26 action shall be filed of record in the offices of the board 27 and shall be at all reasonable times open to public 28 inspection. 29 (6) In no case shall a parole be granted, or an 30 application for parole be dismissed, unless a board member, 20050S0506B2110 - 153 -
1 hearing examiner or other person so designated by the board 2 shall have seen and heard the parolee in person in regard 3 thereto within six months prior to the granting or dismissal 4 thereof. 5 (7) The board shall dispose of the application within 6 six months of its filing. 7 (b) Reliance on reports.--In granting and revoking paroles, 8 and in discharging from parole, the members of the board acting 9 thereon shall not be required to personally hear or see all the 10 witnesses and evidence submitted to them for their action, but 11 they may act on the report submitted to them by their agents and 12 employees, together with any pertinent and adequate information 13 furnished to them by fellow members of the board or by others. 14 (c) Notice to district attorney.--At least ten days before 15 paroling an inmate on its own motion, the board shall give 16 written notice of the contemplated parole to the district 17 attorney of the county in which the inmate was sentenced, and, 18 in cases of hearings on applications for parole as provided for 19 in this section, at least ten days' written notice of the time 20 and place fixed for such hearing shall be given either by the 21 board or by the applicant, as the board shall direct, to the 22 court and district attorney of the county in which the applicant 23 was sentenced. 24 § 6140. Victim statements, testimony and participation in 25 hearing. 26 (a) Duty of district attorney to provide notice.-- 27 (1) The victim of the offense for which an inmate is 28 sentenced shall be notified by the district attorney 29 immediately following sentencing, in cases where the 30 defendant has been sentenced to a term of imprisonment, that 20050S0506B2110 - 154 -
1 the victim or family member shall have the opportunity to 2 present a statement for the parole report to be considered at 3 the parole hearing or to testify to the parole board 4 expressing his opinion concerning the release of the inmate. 5 (2) The district attorney shall provide notice to a 6 member of the immediate family of the victim if the victim: 7 (i) is a juvenile; 8 (ii) is incapable of testifying; or 9 (iii) died as a result of the defendant's conduct. 10 (b) Notice of intent to submit statement.--In order to 11 submit a statement under subsection (a), a victim or family 12 member must notify the board of his intention to do so and 13 provide and keep current an appropriate mailing address with the 14 board. 15 (c) Contents of parole report.--The parole report may 16 include a statement concerning: 17 (1) The continuing nature and extent of any physical 18 harm or psychological or emotional harm or trauma suffered by 19 the victim. 20 (2) The extent of any loss of earnings or ability to 21 work suffered by the victim. 22 (3) The continuing effect of the crime upon the victim's 23 family. 24 (d) Notice to persons who previously contacted the board.-- 25 (1) At the time public notice is given that an inmate is 26 being considered for parole pursuant to this section, the 27 board shall also notify any victim or nearest relative who 28 has previously contacted the board of the availability to 29 provide a statement for inclusion in the parole report or to 30 present testimony for inclusion at the parole hearing. 20050S0506B2110 - 155 -
1 (2) The board shall notify the person identified under 2 paragraph (1) at the person's last known mailing address. The 3 notification required by this section shall be given by the 4 board in the case of a parole to be granted pursuant to 5 section 6139 (relating to parole procedure) or by the court 6 in the case of a parole to be granted pursuant to section 7 6133 (relating to probation services). 8 (e) Notice of intent to present testimony.--The victim or 9 family member shall notify the board within 30 days from the 10 date of the notice of his intent to present testimony at the 11 parole hearing. This time period may be waived by the board for 12 good cause. 13 (f) Referral to hearing officer.--If the victim or family 14 member submits a written statement to the board subsequent to 15 notice, the statement shall be made a part of the board's file 16 on the inmate, and the inmate's case shall be referred to a 17 hearing officer designated to conduct parole release hearings. 18 (g) Assignment to hearing examiner.--If the victim or family 19 member informs the board subsequent to notice being provided 20 that the person intends to testify, the chairperson shall assign 21 the inmate's case to a hearing examiner for the purpose of 22 receiving the person's testimony. 23 (h) Hearing procedure.-- 24 (1) The assigned hearing examiner shall conduct a 25 hearing within 30 days from the date the board received 26 notification of the intent to offer testimony. 27 (2) The hearing shall be conducted at a time and place 28 and on a date determined by the chairperson or designee. 29 Notice of the time, place and date of the hearing shall be 30 provided to the victim or family member, in writing, and 20050S0506B2110 - 156 -
1 shall be mailed at least ten days prior to the hearing date. 2 (3) The hearing shall be recorded by an electronic 3 recording device. 4 (4) The hearing examiner shall prepare a written report 5 within a reasonable amount of time prior to the hearing date. 6 A copy of the report shall be forwarded to the person 7 offering testimony. A copy of the report shall be made a part 8 of the board's file on the inmate. 9 (5) Upon completion of the written report, the inmate's 10 case shall be referred to a hearing examiner designated to 11 conduct parole release hearings. 12 (6) (i) The hearing scheduled pursuant to this section 13 shall be conducted, when possible, prior to a parole 14 release hearing and prior to the board rendering a 15 decision. 16 (ii) Nothing in this section shall be construed to 17 preclude the board from conducting a timely parole 18 release hearing. 19 (7) After submission of the report, the board shall 20 within a reasonable amount of time: 21 (i) Evaluate the information provided. 22 (ii) Determine whether the decision shall be 23 affirmed or modified. 24 (iii) Determine whether a rescission hearing shall 25 be conducted. 26 (iv) Notify the inmate in writing of its decision. 27 (8) Any and all statements or testimony of the victim or 28 family member submitted to the board pertaining to: 29 (i) the continuing nature and extent of any physical 30 harm or psychological or emotional harm or trauma 20050S0506B2110 - 157 -
1 suffered by the victim; 2 (ii) the extent of any loss of earnings or ability 3 to work suffered by the victim; and 4 (iii) the continuing effect of the crime upon the 5 victim's family shall not be deemed confidential and 6 shall be released to the inmate unless the withholding of 7 the statements or testimony is requested by the victim 8 and the hearing officer determines that the release of 9 the statements or testimony would endanger the safety of 10 the person providing the statements or testifying. The 11 board on its own motion may for good cause identify all 12 or part of the statements or testimony as confidential. 13 (9) All records maintained by the board pertaining to 14 victims shall be kept separate and current address 15 information of the victim or family members shall be deemed 16 confidential. 17 (10) A victim or the family member who has submitted a 18 written statement for the parole report or testified at a 19 hearing pursuant to this section shall be notified by the 20 board of the final decision rendered in the inmate's case. 21 (11) If the final decision is to not release the inmate 22 and if, subsequent to that decision, additional parole 23 release hearings are conducted for that same inmate, then the 24 victim or family member who has submitted a written statement 25 for the parole report or who has testified at a hearing 26 pursuant to this section shall be notified by the board at 27 the last known address if and when additional parole hearings 28 are scheduled by the board. 29 § 6141. General rules and special regulations. 30 The board may make general rules for the conduct and 20050S0506B2110 - 158 -
1 supervision of persons placed on parole and may, in particular 2 cases, as it deems necessary to effectuate the purpose of 3 parole, prescribe special regulations for particular persons. 4 SUBCHAPTER D 5 STATE PAROLE AGENTS 6 Sec. 7 6151. Definitions. 8 6152. Status as peace officers. 9 6153. Supervisory relationship to offenders. 10 § 6151. Definitions. 11 The following words and phrases when used in this subchapter 12 shall have the meanings given to them in this section unless the 13 context clearly indicates otherwise: 14 "Agent." A State parole agent appointed by the board. 15 "Conditions of supervision." Any terms or conditions of the 16 offender's supervision, whether imposed by the court, the board 17 or an agent, including compliance with all requirements of 18 Federal, State and local law. 19 "Contraband." Any item that the offender is not permitted to 20 possess under the conditions of supervision, including any item 21 whose possession is forbidden by any Federal, State or local 22 law. 23 "Court." The court of common pleas or any judge thereof, the 24 Philadelphia Municipal Court or any judge thereof, the 25 Pittsburgh Magistrates Court or any judge thereof or any 26 magisterial district judge. 27 "Exigent circumstances." The term includes, but is not 28 limited to, suspicion that contraband or other evidence of 29 violations of the conditions of supervision might be destroyed 30 or suspicion that a weapon might be used. Exigent circumstances 20050S0506B2110 - 159 -
1 always exist with respect to a vehicle. 2 "Offender." Any person subject to the parole or probationary 3 supervision of the board. 4 "Personal search." A warrantless search of an offender's 5 person, including, but not limited to, the offender's clothing 6 and any personal property which is in the possession, within the 7 reach or under the control of the offender. 8 "Property search." A warrantless search of real property, 9 vehicle or personal property which is in the possession or under 10 the control of the offender. 11 "Real property." Any residence or business property of an 12 offender, including all portions of the property to which the 13 offender has access. 14 "Supervisor." Any individual acting in a supervisory or 15 administrative capacity. 16 § 6152. Status as peace officers. 17 An agent is declared to be a peace officer and is given 18 police power and authority throughout this Commonwealth to 19 arrest without warrant, writ, rule or process any parolee or 20 probationer under the supervision of the board for failing to 21 report as required by the terms of his probation or parole or 22 for any other violation of the probation or parole. 23 § 6153. Supervisory relationship to offenders. 24 (a) General rule.--Agents in a supervisory relationship with 25 their offenders. The purpose of this supervision is to assist 26 the offenders in their rehabilitation and reassimilation into 27 the community and to protect the public. 28 (b) Searches and seizures authorized.-- 29 (1) Agents may search the person and property of 30 offenders in accordance with the provisions of this section. 20050S0506B2110 - 160 -
1 (2) Nothing in this section shall be construed to permit 2 searches or seizures in violation of the Constitution of the 3 United States or section 8 of Article I of the Constitution 4 of Pennsylvania. 5 (c) Effect of violation.--No violation of this section shall 6 constitute an independent ground for suppression of evidence in 7 any probation or parole proceeding or criminal proceeding. 8 (d) Grounds for personal search of offender.-- 9 (1) A personal search of an offender may be conducted by 10 an agent: 11 (i) if there is a reasonable suspicion to believe 12 that the offender possesses contraband or other evidence 13 of violations of the conditions of supervision; 14 (ii) when an offender is transported or taken into 15 custody; or 16 (iii) upon an offender entering or leaving the 17 securing enclosure of a correctional institution, jail or 18 detention facility. 19 (2) A property search may be conducted by an agent if 20 there is reasonable suspicion to believe that the real or 21 other property in the possession of or under the control of 22 the offender contains contraband or other evidence of 23 violations of the conditions of supervision. 24 (3) Prior approval of a supervisor shall be obtained for 25 a property search absent exigent circumstances. No prior 26 approval shall be required for a personal search. 27 (4) A written report of every property search conducted 28 without prior approval shall be prepared by the agent who 29 conducted the search and filed in the offender's case record. 30 The exigent circumstances shall be stated in the report. 20050S0506B2110 - 161 -
1 (5) The offender may be detained if he is present during 2 a property search. If the offender is not present during a 3 property search, the agent in charge of the search shall make 4 a reasonable effort to provide the offender with notice of 5 the search, including a list of the items seized, after the 6 search is completed. 7 (6) The existence of reasonable suspicion to search 8 shall be determined in accordance with constitutional search 9 and seizure provisions as applied by judicial decision. In 10 accordance with such case law, the following factors, where 11 applicable, may be taken into account: 12 (i) The observations of agents. 13 (ii) Information provided by others. 14 (iii) The activities of the offender. 15 (iv) Information provided by the offender. 16 (v) The experience of agents with the offender. 17 (vi) The experience of agents in similar 18 circumstances. 19 (vii) The prior criminal and supervisory history of 20 the offender. 21 (viii) The need to verify compliance with the 22 conditions of supervision. 23 (e) Nonresident offenders.--No agent shall conduct a 24 personal or property search of an offender who is residing in a 25 foreign state except for the limited purposes permitted under 26 the Interstate Compact for the Supervision of Offenders and 27 Probationers. The offender is held accountable to the rules of 28 both the sending state and the receiving state. Any personal or 29 property search of an offender residing in another state shall 30 be conducted by an agent of the receiving state. 20050S0506B2110 - 162 -
1 (f) When authority is effective.--The authority granted to 2 agents under this section shall be effective upon enactment of 3 this section, without the necessity of any further regulation by 4 the board. 5 CHAPTER 63 6 COUNTY PROBATION OFFICERS' 7 FIREARM EDUCATION AND TRAINING 8 Sec. 9 6301. Short title of chapter. 10 6302. Definitions. 11 6303. County Probation Officers' Firearm Education and 12 Training Commission. 13 6304. Commission membership. 14 6305. Powers and duties of commission. 15 6306. Training mandatory. 16 6307. Requirements for program participation or waiver. 17 6308. County Probation Officers' Firearm Education 18 and Training Fund. 19 6309. Applicability. 20 § 6301. Short title of chapter. 21 This chapter shall be known and may be cited as the County 22 Probation Officers' Firearm Education and Training Law. 23 § 6302. Definitions. 24 The following words and phrases when used in this chapter 25 shall have the meanings given to them in this section unless the 26 context clearly indicates otherwise: 27 "Board." The Pennsylvania Board of Probation and Parole. 28 "Certification." The assignment of a certification number to 29 a probation or parole officer after successful completion of a 30 mandatory basic training course or receipt of a waiver of basic 20050S0506B2110 - 163 -
1 training from the County Probation Officers' Firearm Education 2 and Training Commission and successful completion of mandatory 3 training. 4 "Commission." The County Probation Officers' Firearm 5 Education and Training Commission. 6 "Fund." The County Probation Officers' Firearm Education and 7 Training Fund established under section 6308 (relating to County 8 Probation Officers' Firearm Education and Training Fund). 9 "Officer." A county probation or parole officer of this 10 Commonwealth. 11 "Program." The County Probation Officers' Firearm Education 12 and Training Program established in this chapter. 13 "School." A school currently approved by the Municipal 14 Police Officers' Education and Training Commission under 53 15 Pa.C.S. Ch. 21 Subch. D (relating to municipal police education 16 and training). 17 "Weapon-carrying officer." A county probation or parole 18 officer who is authorized to carry a weapon in connection with 19 performance of the duties of the officer's employment. 20 § 6303. County Probation Officers' Firearm Education and 21 Training Commission. 22 The County Probation Officers' Firearm Education and Training 23 Commission is established under the Pennsylvania Board of 24 Probation and Parole. The commission shall establish within six 25 months following the appointment of commission members a County 26 Probation Officers' Firearm Education and Training Program to 27 provide firearm education and training in accordance with the 28 provisions of this chapter. 29 § 6304. Commission membership. 30 (a) Composition.--The commission shall be composed of the 20050S0506B2110 - 164 -
1 chairman of the board and eight other members to be appointed by 2 the Governor: 3 (1) Three county adult probation officers who are full 4 members of the County Chief Adult Probation and Parole 5 Officers' Association of Pennsylvania, one of whom is a chief 6 adult probation officer from a county authorized to carry 7 firearms and two of whom are firearms instructors certified 8 as such by the National Rifle Association, the Pennsylvania 9 State Police or the Federal Bureau of Investigation. 10 (2) One member of the Pennsylvania Council of Chief 11 Juvenile Probation Officers. 12 (3) One representative of the Juvenile Court Judges' 13 Commission. 14 (4) One judge of a court of common pleas of a county 15 that employs officers who carry firearms. 16 (5) One director qualified under 53 Pa.C.S. Ch. 21 17 Subch. D (relating to municipal police education and 18 training). 19 (6) One county commissioner from a county which employs 20 officers who carry firearms. 21 (b) Terms.--Terms of the members initially appointed shall 22 be three members for one year, three members for two years and 23 three members for three years, as designated by the Governor at 24 the time of appointment. Thereafter, terms shall be for three 25 years. Each member shall hold office until the expiration of the 26 term for which the member was selected or until the member's 27 earlier death, resignation or removal or until the member's 28 successor has been selected and qualified but in no event more 29 than six months beyond the expiration of the member's appointed 30 term. 20050S0506B2110 - 165 -
1 (c) Vacancies.--A person appointed to fill a vacancy created 2 by other than expiration of a term shall be appointed for the 3 unexpired term of the member who that person is to succeed in 4 the same manner as the original appointment. 5 (d) Compensation.--The members of the commission shall serve 6 without compensation but shall be reimbursed the necessary and 7 actual expenses incurred in attending the meetings of the 8 commission and in the performance of their duties under this 9 chapter. 10 (e) Organization.--The commission shall elect from among its 11 members a chairperson and other officers who shall hold office 12 at the pleasure of the commission. The commission shall act only 13 with the concurrence of the majority. 14 (f) Meetings and quorum.--The commission shall meet at least 15 four times each year until the program is implemented. 16 Thereafter, the commission shall meet as may be necessary, but 17 at least once annually. Special meetings may be called by the 18 chairperson of the commission or upon written request of three 19 members. A quorum shall consist of four members of the 20 commission. 21 § 6305. Powers and duties of commission. 22 The powers and duties of the commission shall be as follows: 23 (1) To develop, establish and administer the minimum 24 courses of study and training and competency standards for 25 firearm training for county probation officers, including an 26 initial curriculum of at least 40 hours and including the 27 firing of a qualification course. 28 (2) To revoke an officer's certification for failing to 29 comply with educational and training requirements established 30 by the commission. 20050S0506B2110 - 166 -
1 (3) To approve or revoke the approval for the purposes 2 of this chapter of any school that may be utilized to comply 3 with the educational and training requirements as established 4 by the commission. 5 (4) To establish the minimum qualifications for 6 instructors, to approve or revoke the approval of any 7 instructor and to develop the requirements for continued 8 certification. 9 (5) To promote the most efficient and economical program 10 for training by utilizing existing facilities, programs and 11 qualified Federal, State and local police personnel. 12 (6) To make an annual report to the Governor and to the 13 General Assembly concerning: 14 (i) The administration of the program. 15 (ii) The activities of the commission, together with 16 any recommendations for executive or legislative actions. 17 (7) To require in accordance with this chapter county 18 probation officers to attend a minimum number of hours in in- 19 service training as provided for by regulation, unless the 20 officer's employer files a show-cause document with the 21 commission, requesting additional time for the officer to 22 comply with the in-service training requirements. Approval of 23 the request shall be made by the commission on a case-by-case 24 basis. 25 (8) To appoint an administrative officer who shall serve 26 and be directly responsible to the commission. 27 (9) To consult and cooperate with universities, 28 colleges, community colleges and institutes for the 29 development of specialized courses for county probation and 30 parole officers. 20050S0506B2110 - 167 -
1 (10) To consult and cooperate with departments and 2 agencies of this Commonwealth and other states and the 3 Federal Government concerned with county probation officer 4 training. 5 (11) To certify officers who have satisfactorily 6 completed basic educational and training requirements as 7 established by the commission and to issue appropriate 8 certificates to these officers. 9 (12) To visit and inspect approved schools at least once 10 every two years. This inspection requirement does not apply 11 where training is conducted locally at a satellite center 12 consisting of a classroom and shooting range. 13 (13) To make rules and regulations and to perform other 14 duties as may be reasonably necessary or appropriate to 15 implement the training program for county probation officers. 16 (14) To consider granting waivers of mandatory basic 17 training to county probation officers who have successfully 18 completed previous equivalent training. 19 (15) To maintain certifications and other records as 20 necessary. 21 (16) To issue reports to the president judges of the 22 courts of common pleas relating to compliance with this 23 chapter. 24 § 6306. Training mandatory. 25 Within two years of the establishment of the County Probation 26 Officers' Firearm Education and Training Program and in 27 accordance with the provisions of this chapter, a county shall 28 provide for the training of any officer in its county probation 29 and parole department who carries a firearm. Following this two- 30 year period, a county shall provide that training and 20050S0506B2110 - 168 -
1 certification requirements of this chapter are met prior to a 2 county probation officer being authorized to carry a firearm. 3 § 6307. Requirements for program participation or waiver. 4 In order to participate in the training program or be granted 5 a waiver of training requirements, at a minimum the officer 6 must: 7 (1) Be employed as a full-time county probation officer. 8 (2) Be a United States citizen. 9 (3) Not have been convicted of an offense graded a 10 misdemeanor of the first degree or greater or punishable by a 11 term of imprisonment of more than two years, unless in 12 possession of a waiver from the Bureau of Alcohol, Tobacco 13 and Firearms of the Department of the Treasury. 14 (4) Have had the officer's fingerprints submitted by the 15 officer's employer to the Pennsylvania State Police for the 16 purposes of a background investigation. The officer shall 17 have results of the investigation which indicate that the 18 requirements of paragraph (3) are met. 19 § 6308. County Probation Officers' Firearm Education and 20 Training Fund. 21 (a) Fund established.--The County Probation Officers' 22 Firearm Education and Training Fund is established as a 23 restricted receipts account within the General Fund. Moneys from 24 the fund shall be used exclusively for the purposes described 25 under this section. 26 (b) Costs imposed.-- 27 (1) A person who accepts Accelerated Rehabilitative 28 Disposition or pleads guilty or nolo contendere or is 29 convicted of a felony or misdemeanor shall, in addition to 30 any other court costs imposed under the laws of this 20050S0506B2110 - 169 -
1 Commonwealth, be sentenced to pay costs of $5. Costs 2 collected by the clerk of courts under this subsection shall 3 be paid into the fund. 4 (2) Moneys in the fund shall be used to offset or pay 5 for: 6 (i) Training expenses. 7 (ii) Commission expenses. 8 (3) Disbursement and allocation of fund moneys shall be 9 at the discretion of the commission. 10 (c) Other moneys to be used.--In addition to payment of 11 training expenses as prescribed under subsection (b), training 12 expenses may also be paid out of the county offender supervision 13 fund under section 1102 of the act of November 24, 1998 14 (P.L.882, No.111), known as the Crime Victims Act, or any other 15 county fund. 16 (d) Juvenile probation officer participation.--In the event 17 that sufficient funds are not generated under the provisions of 18 subsection (b) to fully fund the costs of providing training to 19 juvenile probation officers, a training fee representing the 20 prorated share of the additional actual cost thereof shall be 21 payable by a participating juvenile probation officer's county 22 of employment. 23 § 6309. Applicability. 24 This chapter shall apply to county juvenile probation, adult 25 probation officers only, and only such officers shall be 26 eligible for training under this chapter. 27 PART V 28 MISCELLANEOUS PROVISIONS 29 Chapter 30 71. Interstate Compacts 20050S0506B2110 - 170 -
1 CHAPTER 71 2 INTERSTATE COMPACTS 3 Subchapter 4 A. Interstate Corrections Compact 5 B. Interstate Compact for the Supervision of Adult Offenders 6 C. Administrative Provisions 7 SUBCHAPTER A 8 INTERSTATE CORRECTIONS COMPACT 9 Sec. 10 7101. Short title of subchapter. 11 7102. Interstate Corrections Compact. 12 7103. Powers. 13 § 7101. Short title of subchapter. 14 This subchapter may be cited as the Interstate Corrections 15 Compact Act. 16 § 7102. Interstate Corrections Compact. 17 The Interstate Corrections Compact is hereby enacted into law 18 and entered into by this State with any other states legally 19 joining therein in the form substantially as follows: 20 INTERSTATE CORRECTIONS COMPACT 21 ARTICLE I 22 Purpose and Policy 23 The party states, desiring by common action to fully utilize 24 and improve their institutional facilities and provide adequate 25 programs for the confinement, treatment and rehabilitation of 26 various types of offenders, declare that it is the policy of 27 each of the party states to provide such facilities and programs 28 on a basis of cooperation with one another, thereby serving the 29 best interests of such offenders and of society and effecting 30 economies in capital expenditures and operational costs. The 20050S0506B2110 - 171 -
1 purpose of this compact is to provide for the mutual development 2 and execution of such programs of cooperation for the 3 confinement, treatment and rehabilitation of offenders with the 4 most economical use of human and material resources. 5 ARTICLE II 6 Definitions 7 As used in this compact, unless the context clearly requires 8 otherwise: 9 (a) "State" means a state of the United States; the United 10 States of America; a territory or possession of the United 11 States; the District of Columbia; the Commonwealth of Puerto 12 Rico. 13 (b) "Sending state" means a state party to this compact in 14 which conviction or court commitment was had. 15 (c) "Receiving state" means a state party to this compact to 16 which an inmate is sent for confinement other than a state in 17 which conviction or court commitment was had. 18 (d) "Inmate" means a male or female offender who is 19 committed, under sentence to or confined in a penal or 20 correctional institution. 21 (e) "Institution" means any penal or correctional facility, 22 including but not limited to a facility for the mentally ill or 23 mentally defective, in which inmates as defined in (d) above may 24 lawfully be confined. 25 ARTICLE III 26 Contracts 27 (a) Each party state may make one or more contracts with any 28 one or more of the other party states for the confinement of 29 inmates on behalf of a sending state in institutions situated 30 within receiving states. Any such contract shall provide for: 20050S0506B2110 - 172 -
1 1. Its duration. 2 2. Payments to be made to the receiving state by the sending 3 state for inmate maintenance, extraordinary medical and dental 4 expenses, and any participation in or receipt by inmates of 5 rehabilitative or correctional services, facilities, programs or 6 treatment not reasonably included as part of normal maintenance. 7 3. Participation in programs of inmate employment, if any, 8 the disposition or crediting of any payments received by inmates 9 on account thereof; and the crediting of proceeds from or 10 disposal of any products resulting therefrom. 11 4. Delivery and retaking of inmates. 12 5. Such other matters as may be necessary and appropriate to 13 fix the obligations, responsibilities and rights of the sending 14 and receiving states. 15 (b) The terms and provisions of this compact shall be a part 16 of any contract entered into by the authority of or pursuant 17 thereto, and nothing in any such contract shall be inconsistent 18 therewith. 19 ARTICLE IV 20 Procedures and Rights 21 (a) Whenever the duly constituted authorities in a state 22 party to this compact, and which has entered into a contract 23 pursuant to Article III, shall decide that confinement in, or 24 transfer of an inmate to, an institution within the territory of 25 another party state is necessary or desirable in order to 26 provide adequate quarters and care or an appropriate program of 27 rehabilitation or treatment, said officials may direct that the 28 confinement be within an institution within the territory of 29 said other party state, the receiving state to act in that 30 regard solely as agent for the sending state. 20050S0506B2110 - 173 -
1 (b) The appropriate officials of any state party to this 2 compact shall have access, at all reasonable times, to any 3 institution in which it has a contractual right to confine 4 inmates for the purpose of inspecting the facilities thereof and 5 visiting such of its inmates as may be confined in the 6 institution. 7 (c) Inmates confined in an institution pursuant to the terms 8 of this compact shall at all times be subject to the 9 jurisdiction of the sending state and may at any time be removed 10 therefrom for transfer to a prison or other institution within 11 the sending state, for transfer to another institution in which 12 the sending state may have a contractual or other right to 13 confine inmates, for release on probation or parole, for 14 discharge, or for any other purpose permitted by the laws of the 15 sending state; provided that the sending state shall continue to 16 be obligated to such payments as may be required pursuant to the 17 terms of any contract entered into under the terms of Article 18 III. 19 (d) Each receiving state shall provide regular reports to 20 each sending state on the inmates of that sending state in 21 institutions pursuant to this compact including a conduct record 22 of each inmate and certify said record to the official 23 designated by the sending state, in order that each inmate may 24 have official review of his or her record in determining and 25 altering the disposition of said inmate in accordance with the 26 law which may obtain in the sending state and in order that the 27 same may be a source of information for the sending state. 28 (e) All inmates who may be confined in an institution 29 pursuant to the provisions of this compact shall be treated in a 30 reasonable and humane manner and shall be treated equally with 20050S0506B2110 - 174 -
1 such similar inmates of the receiving state as may be confined 2 in the same institution. The fact of confinement in a receiving 3 state shall not deprive any inmate so confined of any legal 4 rights which said inmate would have had if confined in an 5 appropriate institution of the sending state. 6 (f) Any hearing or hearings to which an inmate confined 7 pursuant to this compact may be entitled by the laws of the 8 sending state may be had before the appropriate authorities of 9 the sending state, or of the receiving state if authorized by 10 the sending state. The receiving state shall provide adequate 11 facilities for such hearings as may be conducted by the 12 appropriate officials of a sending state. In the event such 13 hearing or hearings are had before officials of the receiving 14 state, the governing law shall be that of the sending state and 15 a record of the hearing or hearings as prescribed by the sending 16 state shall be made. Said record together with any 17 recommendations of the hearing officials shall be transmitted 18 forthwith to the official or officials before whom the hearing 19 would have been had if it had taken place in the sending state. 20 In any and all proceedings had pursuant to the provisions of 21 this subdivision, the officials of the receiving state shall act 22 solely as agents of the sending state and no final determination 23 shall be made in any matter except by the appropriate officials 24 of the sending state. 25 (g) Any inmate confined pursuant to this compact shall be 26 released within the territory of the sending state unless the 27 inmate, and the sending and receiving states, shall agree upon 28 release in some other place. The sending state shall bear the 29 cost of such return to its territory. 30 (h) Any inmate confined pursuant to the terms of this 20050S0506B2110 - 175 -
1 compact shall have any and all rights to participate in and 2 derive any benefits or incur or be relieved of any obligations 3 or have such obligations modified or his status changed on 4 account of any action or proceeding in which he could have 5 participated if confined in any appropriate institution of the 6 sending state located within such state. 7 (i) The parent, guardian, trustee, or other person or 8 persons entitled under the laws of the sending state to act for, 9 advise, or otherwise function with respect to any inmate shall 10 not be deprived of or restricted in his exercise of any power in 11 respect of any inmate confined pursuant to the terms of this 12 compact. 13 ARTICLE V 14 Acts Not Reviewable in Receiving State: Extradition 15 (a) Any decision of the sending state in respect of any 16 matter over which it retains jurisdiction pursuant to this 17 compact shall be conclusive upon and not reviewable within the 18 receiving state, but if at the time the sending state seeks to 19 remove an inmate from an institution in the receiving state 20 there is pending against the inmate within such state any 21 criminal charge or if the inmate is formally accused of having 22 committed within such state a criminal offense, the inmate shall 23 not be returned without the consent of the receiving state until 24 discharged from prosecution or other form of proceeding, 25 imprisonment or detention for such offense. The duly accredited 26 officers of the sending state shall be permitted to transport 27 inmates pursuant to this compact through any and all states 28 party to this compact without interference. 29 (b) An inmate who escapes from an institution in which he is 30 confined pursuant to this compact shall be deemed a fugitive 20050S0506B2110 - 176 -
1 from the sending state and from the state in which the 2 institution is situated. In the case of an escape to a 3 jurisdiction other than the sending or receiving state, the 4 responsibility for institution of extradition or rendition 5 proceedings shall be that of the sending state, but nothing 6 contained herein shall be construed to prevent or affect the 7 activities of officers and agencies of any jurisdiction directed 8 toward the apprehension and return of an escapee. 9 ARTICLE VI 10 Federal Aid 11 Any state party to this compact may accept Federal aid for 12 use in connection with any institution or program, the use of 13 which is or may be affected by this compact or any contract 14 pursuant hereto and any inmate in a receiving state pursuant to 15 this compact may participate in any such Federally aided program 16 or activity for which the sending and receiving states have made 17 contractual provisions, provided that if such program or 18 activity is not part of the customary correctional regimen, the 19 express consent of the appropriate official of the sending state 20 shall be required therefor. 21 ARTICLE VII 22 Entry into Force 23 This compact shall enter into force and become effective and 24 binding upon the states so acting when it has been enacted into 25 law by any two states. Thereafter, this compact shall enter into 26 force and become effective and binding as to any other of said 27 states upon similar action by such state. 28 ARTICLE VIII 29 Withdrawal and Termination 30 This compact shall continue in force and remain binding upon 20050S0506B2110 - 177 -
1 a party state until it shall have enacted a statute repealing 2 the same and providing for the sending of formal written notice 3 of withdrawal from the compact to the appropriate officials of 4 all other party states. An actual withdrawal shall not take 5 effect until one year after the notices provided in said statute 6 have been sent. Such withdrawal shall not relieve the 7 withdrawing state from its obligations assumed hereunder prior 8 to the effective date of withdrawal. Before the effective date 9 of withdrawal, a withdrawing state shall remove to its 10 territory, at its own expense, such inmates as it may have 11 confined pursuant to the provisions of this compact. 12 ARTICLE IX 13 Other Arrangements Unaffected 14 Nothing contained in this compact shall be construed to 15 abrogate or impair any agreement or other arrangement which a 16 party state may have with a non-party state for the confinement, 17 rehabilitation or treatment of inmates nor to repeal any other 18 laws of a party state authorizing the making of cooperative 19 institutional arrangements. 20 ARTICLE X 21 Construction and Severability 22 The provisions of this compact shall be liberally construed 23 and shall be severable. If any phrase, clause, sentence or 24 provision of this compact is declared to be contrary to the 25 Constitution of any participating state or of the United States 26 or the applicability thereof to any government, agency, person 27 or circumstance is held invalid, the validity of the remainder 28 of this compact and the applicability thereof to any government, 29 agency, person or circumstance shall not be affected thereby. If 30 this compact shall be held contrary to the Constitution of any 20050S0506B2110 - 178 -
1 state participating therein, the compact shall remain in full 2 force and effect as to the remaining states and in full force 3 and effect as to the state affected as to all severable matters. 4 § 7103. Powers. 5 The Attorney General or his designee is hereby authorized and 6 directed to do all things necessary or incidental to the 7 carrying out of the compact in every particular except that no 8 contract for the confinement of inmates in the institutions of 9 this State shall be entered into unless the Attorney General or 10 the Secretary of Corrections has first determined that the 11 inmates are acceptable, notwithstanding the provisions of 12 Article IX-B of the act of April 9, 1929 (P.L.177, No.175), 13 known as the Administrative Code of 1929. The Attorney General 14 or his designee shall not enter into a contract pursuant to 15 Article III of the compact relating to inmates who are mentally 16 ill or mentally retarded without consultation with the Secretary 17 of Public Welfare. 18 SUBCHAPTER B 19 INTERSTATE COMPACT FOR THE SUPERVISION OF ADULT OFFENDERS 20 Sec. 21 7111. Short title of subchapter. 22 7112. Authority to execute compact. 23 7113. When and how compact becomes operative. 24 7114. State council and compact administrator. 25 § 7111. Short title of subchapter. 26 This subchapter shall be known and may be cited as the 27 Interstate Compact for the Supervision of Adult Offenders Act. 28 § 7112. Authority to execute compact. 29 The Governor of Pennsylvania, on behalf of this State, is 30 hereby authorized to execute a compact in substantially the 20050S0506B2110 - 179 -
1 following form with any one or more of the states of the United 2 States, and the General Assembly hereby signifies in advance its 3 approval and ratification of such compact: 4 ARTICLE I 5 PURPOSE 6 The compacting states to this Interstate Compact recognize 7 that each state is responsible for the supervision of adult 8 offenders in the community who are authorized pursuant to the 9 Bylaws and Rules of this compact to travel across state lines 10 both to and from each compacting state in such a manner as to 11 track the location of offenders, transfer supervision authority 12 in an orderly and efficient manner, and when necessary return 13 offenders to the originating jurisdictions. The compacting 14 states also recognize that Congress, by enacting the Crime 15 Control Act, 4 U.S.C. § 112 (relating to compacts between States 16 for cooperation in prevention of crime; consent of Congress), 17 has authorized and encouraged compacts for cooperative efforts 18 and mutual assistance in the prevention of crime. It is the 19 purpose of this compact and the Interstate Commission created 20 hereunder, through means of joint and cooperative action among 21 the compacting states: to provide the framework for the 22 promotion of public safety and protect the rights of victims 23 through the control and regulation of the interstate movement of 24 offenders in the community; to provide for the effective 25 tracking, supervision, and rehabilitation of these offenders by 26 the sending and receiving states; and to equitably distribute 27 the costs, benefits and obligations of the compact among the 28 compacting states. In addition, this compact will: create an 29 Interstate Commission which will establish uniform procedures to 30 manage the movement between states of adults placed under 20050S0506B2110 - 180 -
1 community supervision and released to the community under the 2 jurisdiction of courts, paroling authorities, corrections or 3 other criminal justice agencies which will promulgate rules to 4 achieve the purpose of this compact; ensure an opportunity for 5 input and timely notice to victims and to jurisdictions where 6 defined offenders are authorized to travel or to relocate across 7 state lines; establish a system of uniform data collection, 8 access to information on active cases by authorized criminal 9 justice officials, and regular reporting of Compact activities 10 to heads of state councils, state executive, judicial, and 11 legislative branches and criminal justice administrators; 12 monitor compliance with rules governing interstate movement of 13 offenders and initiate interventions to address and correct non- 14 compliance; and coordinate training and education regarding 15 regulations of interstate movement of offenders for officials 16 involved in such activity. The compacting states recognize that 17 there is no "right" of any offender to live in another state and 18 that duly accredited officers of a sending state may at all 19 times enter a receiving state and there apprehend and retake any 20 offender under supervision subject to the provisions of this 21 compact and Bylaws and Rules promulgated hereunder. It is the 22 policy of the compacting states that the activities conducted by 23 the Interstate Commission created herein are the formation of 24 public policies and are therefore public business. 25 ARTICLE II 26 DEFINITIONS 27 As used in this compact, unless the context clearly requires 28 a different construction: 29 "Adult" means both individuals legally classified as adults 30 and juveniles treated as adults by court order, statute, or 20050S0506B2110 - 181 -
1 operation of law. 2 "Bylaws" means those Bylaws established by the Interstate 3 Commission for its governance, or for directing or controlling 4 the Interstate Commission's actions or conduct. 5 "Compact Administrator" means the individual in each 6 compacting state appointed pursuant to the terms of this compact 7 responsible for the administration and management of the state's 8 supervision and transfer of offenders subject to the terms of 9 this compact, the rules adopted by the Interstate Commission and 10 policies adopted by the State Council under this compact. 11 "Compacting state" means any state which has enacted the 12 enabling legislation for this compact. 13 "Commissioner" means the voting representative of each 14 compacting state appointed pursuant to Article III of this 15 compact. 16 "Interstate Commission" means the Interstate Commission for 17 Adult Offender Supervision established by this compact. 18 "Member" means the commissioner of a compacting state or 19 designee, who shall be a person officially connected with the 20 commissioner. 21 "Non-compacting state" means any state which has not enacted 22 the enabling legislation for this compact. 23 "Offender" means an adult placed under, or subject to, 24 supervision as the result of the commission of a criminal 25 offense and released to the community under the jurisdiction of 26 courts, paroling authorities, corrections, or other criminal 27 justice agencies. 28 "Person" means any individual, corporation, business 29 enterprise, or other legal entity, either public or private. 30 "Rules" means acts of the Interstate Commission, duly 20050S0506B2110 - 182 -
1 promulgated pursuant to Article VIII of this compact, 2 substantially affecting interested parties in addition to the 3 Interstate Commission, which shall have the force and effect of 4 law in the compacting states. 5 "State" means a state of the United States, the District of 6 Columbia and any other territorial possessions of the United 7 States. 8 "State Council" means the resident members of the State 9 Council for Interstate Adult Offender Supervision created by 10 each state under Article III of this compact. 11 ARTICLE III 12 THE COMPACT COMMISSION 13 The compacting states hereby create the "Interstate 14 Commission for Adult Offender Supervision." The Interstate 15 Commission shall be a body corporate and joint agency of the 16 compacting states. The Interstate Commission shall have all the 17 responsibilities, powers and duties set forth herein, including 18 the power to sue and be sued, and such additional powers as may 19 be conferred upon it by subsequent action of the respective 20 legislatures of the compacting states in accordance with the 21 terms of this compact. The Interstate Commission shall consist 22 of Commissioners selected and appointed by resident members of a 23 State Council for Interstate Adult Offender Supervision for each 24 state. 25 In addition to the Commissioners who are the voting 26 representatives of each state, the Interstate Commission shall 27 include individuals who are not commissioners but who are 28 members of interested organizations; such non-commissioner 29 members must include a member of the national organizations of 30 governors, legislators, state chief justices, attorneys general 20050S0506B2110 - 183 -
1 and crime victims. All non-commissioner members of the 2 Interstate Commission shall be ex-officio (non-voting) members. 3 The Interstate Commission may provide in its Bylaws for such 4 additional, ex-officio, non-voting members as it deems 5 necessary. 6 Each compacting state represented at any meeting of the 7 Interstate Commission is entitled to one vote. A majority of the 8 compacting states shall constitute a quorum for the transaction 9 of business, unless a larger quorum is required by the Bylaws of 10 the Interstate Commission. 11 The Interstate Commission shall meet at least once each 12 calendar year. The chairperson may call additional meetings and, 13 upon the request of 27 or more compacting states, shall call 14 additional meetings. Public notice shall be given of all 15 meetings and meetings shall be open to the public. 16 The Interstate Commission shall establish an Executive 17 Committee which shall include commission officers, members and 18 others as shall be determined by the Bylaws. The Executive 19 Committee shall have the power to act on behalf of the 20 Interstate Commission during periods when the Interstate 21 Commission is not in session, with the exception of rulemaking 22 and/or amendment to the Compact. The Executive Committee 23 oversees the day-to-day activities managed by the Executive 24 Director and Interstate Commission staff; administers 25 enforcement and compliance with the provisions of the compact, 26 its Bylaws and as directed by the Interstate Commission and 27 performs other duties as directed by Commission or set forth in 28 the Bylaws. 29 ARTICLE IV 30 THE STATE COUNCIL 20050S0506B2110 - 184 -
1 Each member state shall create a State Council for Interstate 2 Adult Offender Supervision which shall be responsible for the 3 appointment of the commissioner who shall serve on the 4 Interstate Commission from that state. Each state council shall 5 appoint as its commissioner the Compact Administrator from that 6 state to serve on the Interstate Commission in such capacity 7 under or pursuant to applicable law of the member state. While 8 each member state may determine the membership of its own state 9 council, its membership must include at least one representative 10 from the legislative, judicial, and executive branches of 11 government, victims groups and compact administrators. Each 12 compacting state retains the right to determine the 13 qualifications of the Compact Administrator who shall be 14 appointed by the Governor in consultation with the Legislature 15 and the Judiciary. In addition to appointment of its 16 commissioner to the National Interstate Commission, each state 17 council shall exercise oversight and advocacy concerning its 18 participation in Interstate Commission activities and other 19 duties as may be determined by each member state, including, but 20 not limited to, development of policy concerning operations and 21 procedures of the compact within that state. 22 ARTICLE V 23 POWERS AND DUTIES OF THE INTERSTATE COMMISSION 24 The Interstate Commission shall have the following powers: 25 To adopt a seal and suitable Bylaws governing the 26 management and operation of the Interstate Commission. 27 To promulgate rules which shall have the force and effect 28 of statutory law and shall be binding in the compacting 29 states to the extent and in the manner provided in this 30 compact. 20050S0506B2110 - 185 -
1 To oversee, supervise and coordinate the interstate 2 movement of offenders subject to the terms of this compact 3 and any Bylaws adopted and rules promulgated by the compact 4 commission. 5 To enforce compliance with compact provisions, Interstate 6 Commission rules, and Bylaws, using all necessary and proper 7 means, including, but not limited to, the use of judicial 8 process. 9 To establish and maintain offices. 10 To purchase and maintain insurance and bonds. 11 To borrow, accept, or contract for services of personnel, 12 including, but not limited to, members and their staffs. 13 To establish and appoint committees and hire staff which 14 it deems necessary for the carrying out of its functions 15 including, but not limited to, an executive committee as 16 required by Article III which shall have the power to act on 17 behalf of the Interstate Commission in carrying out its 18 powers and duties hereunder. 19 To elect or appoint such officers, attorneys, employees, 20 agents, or consultants, and to fix their compensation, define 21 their duties and determine their qualifications; and to 22 establish the Interstate Commission's personnel policies and 23 programs relating to, among other things, conflicts of 24 interest, rates of compensation, and qualifications of 25 personnel. 26 To accept any and all donations and grants of money, 27 equipment, supplies, materials, and services, and to receive, 28 utilize, and dispose of same. 29 To lease, purchase, accept contributions or donations of, 30 or otherwise to own, hold, improve or use any property, real, 20050S0506B2110 - 186 -
1 personal, or mixed. 2 To sell, convey, mortgage, pledge, lease, exchange, 3 abandon, or otherwise dispose of any property, real, personal 4 or mixed. 5 To establish a budget and make expenditures and levy dues 6 as provided in Article X of this compact. 7 To sue and be sued. 8 To provide for dispute resolution among Compacting 9 States. 10 To perform such functions as may be necessary or 11 appropriate to achieve the purposes of this compact. 12 To report annually to the legislatures, governors, 13 judiciary, and state councils of the compacting states 14 concerning the activities of the Interstate Commission during 15 the preceding year. Such reports shall also include any 16 recommendations that may have been adopted by the Interstate 17 Commission. 18 To coordinate education, training and public awareness 19 regarding the interstate movement of offenders for officials 20 involved in such activity. 21 To establish uniform standards for the reporting, 22 collecting, and exchanging of data. 23 ARTICLE VI 24 ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION 25 Section A. Bylaws 26 The Interstate Commission shall, by a majority of the 27 Members, within twelve months of the first Interstate Commission 28 meeting, adopt Bylaws to govern its conduct as may be necessary 29 or appropriate to carry out the purposes of the Compact, 30 including, but not limited to: establishing the fiscal year of 20050S0506B2110 - 187 -
1 the Interstate Commission; establishing an executive committee 2 and such other committees as may be necessary; providing 3 reasonable standards and procedures: 4 (i) for the establishment of committees, and 5 (ii) governing any general or specific delegation of any 6 authority or function of the Interstate Commission; 7 providing reasonable procedures for calling and conducting 8 meetings of the Interstate Commission, and ensuring reasonable 9 notice of each such meeting; establishing the titles and 10 responsibilities of the officers of the Interstate Commission; 11 providing reasonable standards and procedures for the 12 establishment of the personnel policies and programs of the 13 Interstate Commission. Notwithstanding any civil service or 14 other similar laws of any Compacting State, the Bylaws shall 15 exclusively govern the personnel policies and programs of the 16 Interstate Commission; and providing a mechanism for winding up 17 the operations of the Interstate Commission and the equitable 18 return of any surplus funds that may exist upon the termination 19 of the Compact after the payment and/or reserving of all of its 20 debts and obligations; providing transition rules for "start up" 21 administration of the Compact; establishing standards and 22 procedures for compliance and technical assistance in carrying 23 out the Compact. 24 Section B. Officers and Staff 25 The Interstate Commission shall, by a majority of the 26 Members, elect from among its Members a chairperson and a vice 27 chairperson, each of whom shall have such authorities and duties 28 as may be specified in the Bylaws. The chairperson or, in his or 29 her absence or disability, the vice chairperson, shall preside 30 at all meetings of the Interstate Commission. The Officers so 20050S0506B2110 - 188 -
1 elected shall serve without compensation or remuneration from 2 the Interstate Commission; PROVIDED THAT, subject to the 3 availability of budgeted funds, the officers shall be reimbursed 4 for any actual and necessary costs and expenses incurred by them 5 in the performance of their duties and responsibilities as 6 officers of the Interstate Commission. 7 The Interstate Commission shall, through its executive 8 committee, appoint or retain an executive director for such 9 period, upon such terms and conditions and for such compensation 10 as the Interstate Commission may deem appropriate. The executive 11 director shall serve as secretary to the Interstate Commission, 12 and hire and supervise such other staff as may be authorized by 13 the Interstate Commission, but shall not be a Member. 14 Section C. Corporate Records of the Interstate Commission 15 The Interstate Commission shall maintain its corporate books 16 and records in accordance with the Bylaws. 17 Section D. Qualified Immunity, Defense and Indemnification 18 The Members, officers, executive director and employees of 19 the Interstate Commission shall be immune from suit and 20 liability, either personally or in their official capacity, for 21 any claim for damage to or loss of property or personal injury 22 or other civil liability caused or arising out of any actual or 23 alleged act, error or omission that occurred within the scope of 24 Interstate Commission employment, duties or responsibilities; 25 PROVIDED, that nothing in this paragraph shall be construed to 26 protect any such person from suit and/or liability for any 27 damage, loss injury or liability caused by the intentional or 28 willful and wanton misconduct of any such person. 29 The Interstate Commission shall defend the Commissioner of a 30 Compacting State, or his or her representatives or employees, or 20050S0506B2110 - 189 -
1 the Interstate Commission's representatives or employees, in any 2 civil action seeking to impose liability, arising out of any 3 actual or alleged act, error or omission that occurred within 4 the scope of Interstate Commission employment, duties or 5 responsibilities, or that the defendant had a reasonable basis 6 for believing occurred within the scope of Interstate Commission 7 employment, duties or responsibilities; PROVIDED, that the 8 actual or alleged act, error or omission did not result from 9 intentional wrongdoing on the part of such person. 10 The Interstate Commission shall indemnify and hold the 11 Commissioner of a Compacting State, the appointed designee or 12 employees, or the Interstate Commission's representatives or 13 employees, harmless in the amount of any settlement or judgment 14 obtained against such persons arising out of any actual or 15 alleged act, error or omission that occurred within the scope of 16 Interstate Commission employment, duties or responsibilities, or 17 that such persons had a reasonable basis for believing occurred 18 within the scope of Interstate Commission employment, duties or 19 responsibilities, PROVIDED, that the actual or alleged act, 20 error or omission did not result from gross negligence or 21 intentional wrongdoing on the part of such person. 22 ARTICLE VII 23 ACTIVITIES OF THE INTERSTATE COMMISSION 24 The Interstate Commission shall meet and take such actions as 25 are consistent with the provisions of this Compact. 26 Except as otherwise provided in this Compact and unless a 27 greater percentage is required by the Bylaws, in order to 28 constitute an act of the Interstate Commission, such act shall 29 have been taken at a meeting of the Interstate Commission and 30 shall have received an affirmative vote of a majority of the 20050S0506B2110 - 190 -
1 Members present. 2 Each Member of the Interstate Commission shall have the right 3 and power to cast a vote to which that Compacting State is 4 entitled and to participate in the business and affairs of the 5 Interstate Commission. A Member shall vote in person on behalf 6 of the state and shall not delegate a vote to another member 7 state. However, a State Council shall appoint another authorized 8 representative, in the absence of the commissioner from that 9 state, to cast a vote on behalf of the member state at a 10 specified meeting. The Bylaws may provide for Members' 11 participation in meetings by telephone or other means of 12 telecommunication or electronic communication. Any voting 13 conducted by telephone, or other means of telecommunication or 14 electronic communication shall be subject to the same quorum 15 requirements of meetings where members are present in person. 16 The Interstate Commission shall meet at least once during each 17 calendar year. The chairperson of the Interstate Commission may 18 call additional meetings at any time and, upon the request of a 19 majority of the Members, shall call additional meetings. 20 The Interstate Commission's Bylaws shall establish conditions 21 and procedures under which the Interstate Commission shall make 22 its information and official records available to the public for 23 inspection or copying. The Interstate Commission may exempt from 24 disclosure any information or official records to the extent 25 they would adversely affect personal privacy rights or 26 proprietary interests. In promulgating such Rules, the 27 Interstate Commission may make available to law enforcement 28 agencies records and information otherwise exempt from 29 disclosure, and may enter into agreements with law enforcement 30 agencies to receive or exchange information or records subject 20050S0506B2110 - 191 -
1 to nondisclosure and confidentiality provisions. 2 Public notice shall be given of all meetings and all meetings 3 shall be open to the public, except as set forth in the Rules or 4 as otherwise provided in the Compact. The Interstate Commission 5 shall promulgate Rules consistent with the principles contained 6 in the "Government in Sunshine Act," 5 U.S.C. Section 552(b), as 7 may be amended. The Interstate Commission and any of its 8 committees may close a meeting to the public where it determines 9 by two-thirds vote that an open meeting would be likely to: 10 relate solely to the Interstate Commission's internal 11 personnel practices and procedures; 12 disclose matters specifically exempted from disclosure by 13 statute; 14 disclose trade secrets or commercial or financial 15 information which is privileged or confidential; 16 involve accusing any person of a crime, or formally 17 censuring any person; 18 disclose information of a personal nature where 19 disclosure would constitute a clearly unwarranted invasion of 20 personal privacy; 21 disclose investigatory records compiled for law 22 enforcement purposes; 23 disclose information contained in or related to 24 examination, operating or condition reports prepared by, or 25 on behalf of or for the use of, the Interstate Commission 26 with respect to a regulated entity for the purpose of 27 regulation or supervision of such entity; 28 disclose information, the premature disclosure of which 29 would significantly endanger the life of a person or the 30 stability of a regulated entity; 20050S0506B2110 - 192 -
1 specifically relate to the Interstate Commission's 2 issuance of a subpoena, or its participation in a civil 3 action or proceeding. 4 For every meeting closed pursuant to this provision, the 5 Interstate Commission's chief legal officer shall publicly 6 certify that, in his or her opinion, the meeting may be closed 7 to the public, and shall reference each relevant exemptive 8 provision. The Interstate Commission shall keep minutes which 9 shall fully and clearly describe all matters discussed in any 10 meeting and shall provide a full and accurate summary of any 11 actions taken, and the reasons therefor, including a description 12 of each of the views expressed on any item and the record of any 13 roll call vote (reflected in the vote of each Member on the 14 question). All documents considered in connection with any 15 action shall be identified in such minutes. 16 The Interstate Commission shall collect standardized data 17 concerning the interstate movement of offenders as directed 18 through its Bylaws and Rules which shall specify the data to be 19 collected and the means of collection and data exchange and 20 reporting requirements. 21 ARTICLE VIII 22 RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION 23 The Interstate Commission shall promulgate Rules in order to 24 effectively and efficiently achieve the purposes of the Compact 25 including transition rules governing administration of the 26 Compact during the period in which it is being considered and 27 enacted by the states. 28 Rulemaking shall occur pursuant to the criteria set forth in 29 this Article and the Bylaws and Rules adopted pursuant thereto. 30 Such rulemaking shall substantially conform to the principles of 20050S0506B2110 - 193 -
1 the Federal Administrative Procedure Act, 5 U.S.C. Ch. 5 Subchs. 2 II (relating to administrative procedure) and III (relating to 3 negotiated rulemaking procedure), and the Federal Advisory 4 Committee Act, 5 U.S.C.S. app. 2, section 1 et seq., as may be 5 amended (hereinafter "APA"). 6 All Rules and amendments shall become binding as of the date 7 specified in each Rule or amendment. 8 If a majority of the legislatures of the Compacting States 9 rejects a Rule, by enactment of a statute or resolution in the 10 same manner used to adopt the compact, then such Rule shall have 11 no further force and effect in any Compacting State. 12 When promulgating a Rule, the Interstate Commission shall: 13 publish the proposed Rule stating with particularity the 14 text of the Rule which is proposed and the reason for the 15 proposed Rule; 16 allow persons to submit written data, facts, opinions and 17 arguments, which information shall be publicly available; 18 provide an opportunity for an informal hearing; and 19 promulgate a final Rule and its effective date, if 20 appropriate, based on the rulemaking record. 21 Not later than sixty days after a Rule is promulgated, any 22 interested person may file a petition in the United States 23 District Court for the District of Columbia or in the Federal 24 District Court where the Interstate Commission's principal 25 office is located for judicial review of such Rule. If the court 26 finds that the Interstate Commission's action is not supported 27 by substantial evidence, (as defined in the APA), in the 28 rulemaking record, the court shall hold the Rule unlawful and 29 set it aside. 30 Subjects to be addressed within 12 months after the first 20050S0506B2110 - 194 -
1 meeting must at a minimum include: 2 notice to victims and opportunity to be heard; 3 offender registration and compliance; 4 violations/ returns; 5 transfer procedures and forms; 6 eligibility for transfer; 7 collection of restitution and fees from offenders; 8 data collection and reporting; 9 the level of supervision to be provided by the receiving 10 state; 11 transition rules governing the operation of the compact 12 and the Interstate Commission during all or part of the 13 period between the effective date of the compact and the date 14 on which the last eligible state adopts the compact; 15 mediation, arbitration and dispute resolution. 16 The existing rules governing the operation of the previous 17 compact superseded by this Act shall be null and void twelve 18 (12) months after the first meeting of the Interstate Commission 19 created hereunder. 20 Upon determination by the Interstate Commission that an 21 emergency exists, it may promulgate an emergency rule which 22 shall become effective immediately upon adoption, provided that 23 the usual rulemaking procedures provided hereunder shall be 24 retroactively applied to said rule as soon as reasonably 25 possible, in no event later than 90 days after the effective 26 date of the rule. 27 ARTICLE IX 28 OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION 29 BY THE INTERSTATE COMMISSION 30 Section A. Oversight 20050S0506B2110 - 195 -
1 The Interstate Commission shall oversee the interstate 2 movement of adult offenders in the compacting states and shall 3 monitor such activities being administered in Non-compacting 4 States which may significantly affect Compacting States. 5 The courts and executive agencies in each Compacting State 6 shall enforce this Compact and shall take all actions necessary 7 and appropriate to effectuate the Compact's purposes and intent. 8 In any judicial or administrative proceeding in a Compacting 9 State pertaining to the subject matter of this Compact which may 10 affect the powers, responsibilities or actions of the Interstate 11 Commission, the Interstate Commission shall be entitled to 12 receive all service of process in any such proceeding, and shall 13 have standing to intervene in the proceeding for all purposes. 14 Section B. Dispute Resolution 15 The Compacting States shall report to the Interstate 16 Commission on issues or activities of concern to them, and 17 cooperate with and support the Interstate Commission in the 18 discharge of its duties and responsibilities. 19 The Interstate Commission shall attempt to resolve any 20 disputes or other issues which are subject to the compact and 21 which may arise among Compacting States and Non-compacting 22 States. 23 The Interstate Commission shall enact a Bylaw or promulgate a 24 Rule providing for both mediation and binding dispute resolution 25 for disputes among the Compacting States. 26 Section C. Enforcement 27 The Interstate Commission, in the reasonable exercise of its 28 discretion, shall enforce the provisions of this compact using 29 any or all means set forth in Article XII, Section B, of this 30 compact. 20050S0506B2110 - 196 -
1 Section D. Extradition 2 The duly accredited officers of a sending state may at all 3 times enter a receiving state, and there apprehend and retake 4 any person on probation or parole. For that purpose, no 5 formalities will be required other than establishing the 6 authority of the officer and the identity of the person to be 7 retaken. All legal requirements to obtain extradition of 8 fugitives from justice are hereby expressly waived on the part 9 of states party hereto as to such persons. The decision of the 10 sending state to retake a person on probation or parole shall be 11 conclusive upon and not reviewable within the receiving state. 12 If at the time when a state seeks to retake a probationer or 13 parolee, there should be pending against him within the 14 receiving state any criminal charge, or he is suspected of 15 having committed within such state a criminal offense, he shall 16 not be retaken without the consent of the receiving state until 17 discharged from prosecution or from imprisonment for such 18 offense. The duly accredited officers of the sending state will 19 be permitted to transport prisoners being retaken through any 20 and all states parties to this compact without interference. 21 ARTICLE X 22 FINANCE 23 The Interstate Commission shall pay or provide for the 24 payment of the reasonable expenses of its establishment, 25 organization and ongoing activities. 26 The Interstate Commission shall levy on and collect an annual 27 assessment from each Compacting State to cover the cost of the 28 internal operations and activities of the Interstate Commission 29 and its staff which must be in a total amount sufficient to 30 cover the Interstate Commission's annual budget as approved each 20050S0506B2110 - 197 -
1 year. The aggregate annual assessment amount shall be allocated 2 based upon a formula to be determined by the Interstate 3 Commission, taking into consideration the population of the 4 state and the volume of interstate movement of offenders in each 5 Compacting State and shall promulgate a Rule binding upon all 6 Compacting States which governs said assessment. 7 The Interstate Commission shall not incur any obligations of 8 any kind prior to securing the funds adequate to meet the same; 9 nor shall the Interstate Commission pledge the credit of any of 10 the Compacting States, except by and with the authority of the 11 Compacting State. 12 The Interstate Commission shall keep accurate accounts of all 13 receipts and disbursements. The receipts and disbursements of 14 the Interstate Commission shall be subject to the audit and 15 accounting procedures established under its Bylaws. However, all 16 receipts and disbursements of funds handled by the Interstate 17 Commission shall be audited yearly by a certified or licensed 18 public accountant and the report of the audit shall be included 19 in and become part of the annual report of the Interstate 20 Commission. 21 ARTICLE XI 22 COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT 23 Any state, as defined in Article II of this Compact, is 24 eligible to become a Compacting State. The Compact shall become 25 effective and binding upon legislative enactment of the Compact 26 into law by no less than 35 of the States. The initial effective 27 date shall be the later of July 1, 2001, or upon enactment into 28 law by the 35th jurisdiction. Thereafter it shall become 29 effective and binding, as to any other Compacting State, upon 30 enactment of the Compact into law by that State. The governors 20050S0506B2110 - 198 -
1 of Non-member states or their designees will be invited to 2 participate in Interstate Commission activities on a non-voting 3 basis prior to adoption of the Compact by all states and 4 territories of the United States. 5 Amendments to the Compact may be proposed by the Interstate 6 Commission for enactment by the Compacting States. No amendment 7 shall become effective and binding upon the Interstate 8 Commission and the Compacting States unless and until it is 9 enacted into law by unanimous consent of the Compacting States. 10 ARTICLE XII 11 WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT 12 Section A. Withdrawal 13 Once effective, the Compact shall continue in force and 14 remain binding upon each and every Compacting State; PROVIDED, 15 that a Compacting State may withdraw from the Compact 16 ("Withdrawing State") by enacting a statute specifically 17 repealing the statute which enacted the Compact into law. The 18 effective date of withdrawal is the effective date of the 19 repeal. 20 The Withdrawing State shall immediately notify the 21 chairperson of the Interstate Commission in writing upon the 22 introduction of legislation repealing this Compact in the 23 Withdrawing State. 24 The Interstate Commission shall notify the other Compacting 25 States of the Withdrawing State's intent to withdraw within 26 sixty days of its receipt thereof. 27 The Withdrawing State is responsible for all assessments, 28 obligations and liabilities incurred through the effective date 29 of withdrawal, including any obligations, the performance of 30 which extend beyond the effective date of withdrawal. 20050S0506B2110 - 199 -
1 Reinstatement following withdrawal of any Compacting State 2 shall occur upon the Withdrawing State reenacting the Compact or 3 upon such later date as determined by the Interstate Commission. 4 Section B. Default 5 If the Interstate Commission determines that any Compacting 6 State has at any time defaulted ("Defaulting State") in the 7 performance of any of its obligations or responsibilities under 8 this Compact, the Bylaws or any duly promulgated Rules the 9 Interstate Commission may impose any or all of the following 10 penalties: 11 Fines, fees and costs in such amounts as are deemed to be 12 reasonable as fixed by the Interstate Commission; 13 Remedial training and technical assistance as directed by 14 the Interstate Commission; 15 Suspension and termination of membership in the Compact. 16 Suspension shall be imposed only after all other reasonable 17 means of securing compliance under the Bylaws and Rules have 18 been exhausted. Immediate notice of suspension shall be given by 19 the Interstate Commission to the Governor, the Chief Justice or 20 Chief Judicial Officer of the state; the majority and minority 21 leaders of the defaulting state's legislature, and the State 22 Council. 23 The grounds for default include, but are not limited to, 24 failure of a Compacting State to perform such obligations or 25 responsibilities imposed upon it by this compact, Interstate 26 Commission Bylaws, or duly promulgated Rules. The Interstate 27 Commission shall immediately notify the Defaulting State in 28 writing of the penalty imposed by the Interstate Commission on 29 the Defaulting State pending a cure of the default. The 30 Interstate Commission shall stipulate the conditions and the 20050S0506B2110 - 200 -
1 time period within which the Defaulting State must cure its 2 default. If the Defaulting State fails to cure the default 3 within the time period specified by the Interstate Commission, 4 in addition to any other penalties imposed herein, the 5 Defaulting State may be terminated from the Compact upon an 6 affirmative vote of a majority of the Compacting States and all 7 rights, privileges and benefits conferred by this Compact shall 8 be terminated from the effective date of suspension. Within 9 sixty days of the effective date of termination of a Defaulting 10 State, the Interstate Commission shall notify the Governor, the 11 Chief Justice or Chief Judicial Officer and the Majority and 12 Minority Leaders of the Defaulting State's legislature and the 13 state council of such termination. 14 The Defaulting State is responsible for all assessments, 15 obligations and liabilities incurred through the effective date 16 of termination including any obligations, the performance of 17 which extends beyond the effective date of termination. 18 The Interstate Commission shall not bear any costs relating 19 to the Defaulting State unless otherwise mutually agreed upon 20 between the Interstate Commission and the Defaulting State. 21 Reinstatement following termination of any Compacting State 22 requires both a reenactment of the Compact by the Defaulting 23 State and the approval of the Interstate Commission pursuant to 24 the Rules. 25 Section C. Judicial Enforcement 26 The Interstate Commission may, by majority vote of the 27 Members, initiate legal action in the United States District 28 Court for the District of Columbia or, at the discretion of the 29 Interstate Commission, in the Federal District where the 30 Interstate Commission has its offices to enforce compliance with 20050S0506B2110 - 201 -
1 the provisions of the Compact, its duly promulgated Rules and 2 Bylaws, against any Compacting State in default. In the event 3 judicial enforcement is necessary the prevailing party shall be 4 awarded all costs of such litigation including reasonable 5 attorneys fees. 6 Section D. Dissolution of Compact 7 The Compact dissolves effective upon the date of the 8 withdrawal or default of the Compacting State which reduces 9 membership in the Compact to one Compacting State. 10 Upon the dissolution of this Compact, the Compact becomes 11 null and void and shall be of no further force or effect, and 12 the business and affairs of the Interstate Commission shall be 13 wound up and any surplus funds shall be distributed in 14 accordance with the Bylaws. 15 ARTICLE XIII 16 SEVERABILITY AND CONSTRUCTION 17 The provisions of this Compact shall be severable, and if any 18 phrase, clause, sentence or provision is deemed unenforceable, 19 the remaining provisions of the Compact shall be enforceable. 20 The provisions of this Compact shall be liberally constructed to 21 effectuate its purposes. 22 ARTICLE XIV 23 BINDING EFFECT OF COMPACT AND OTHER LAWS 24 Section A. Other Laws 25 Nothing herein prevents the enforcement of any other law of a 26 Compacting State that is not inconsistent with this Compact. All 27 Compacting States' laws conflicting with this Compact are 28 superseded to the extent of the conflict. 29 Section B. Binding Effect of the Compact 30 All lawful actions of the Interstate Commission, including 20050S0506B2110 - 202 -
1 all Rules and Bylaws promulgated by the Interstate Commission, 2 are binding upon the Compacting States. 3 All agreements between the Interstate Commission and the 4 Compacting States are binding in accordance with their terms. 5 Upon the request of a party to a conflict over meaning or 6 interpretation of Interstate Commission actions, and upon a 7 majority vote of the Compacting States, the Interstate 8 Commission may issue advisory opinions regarding such meaning or 9 interpretation. 10 In the event any provision of this Compact exceeds the 11 constitutional limits imposed on the legislature of any 12 Compacting State, the obligations, duties, powers or 13 jurisdiction sought to be conferred by such provision upon the 14 Interstate Commission shall be ineffective and such obligations, 15 duties, powers or jurisdiction shall remain in the Compacting 16 State and shall be exercised by the agency thereof to which such 17 obligations, duties, powers or jurisdiction are delegated by law 18 in effect at the time this Compact becomes effective. 19 § 7113. When and how compact becomes operative. 20 (a) General rule.--When the Governor executes the Interstate 21 Compact for the Supervision of Adult Offenders on behalf of this 22 State and files a verified copy thereof with the Secretary of 23 the Commonwealth and when the compact is ratified by one or more 24 other states, then the compact shall become operative and 25 effective between this State and such other state or states. The 26 Governor is hereby authorized and directed to take such action 27 as may be necessary to complete the exchange of official 28 documents between this State and any other state ratifying the 29 compact. 30 (b) Notice in Pennsylvania Bulletin.--The Secretary of the 20050S0506B2110 - 203 -
1 Commonwealth shall publish a notice in the Pennsylvania Bulletin 2 when the conditions set forth in subsection (a) are satisfied 3 and shall include in the notice the date on which the compact 4 became effective and operative between this State and any other 5 state or states in accordance with this subchapter. 6 § 7114. State council and compact administrator. 7 (a) State council.--Consistent with Article IV of the 8 Interstate Compact for the Supervision of Adult Offenders, there 9 is hereby established the State Council for Interstate Adult 10 Offender Supervision. The council shall consist of nine members, 11 seven of whom shall be appointed by the Governor. At least two 12 members shall be judges of courts of record of this Commonwealth 13 and at least one shall be a county chief probation officer, a 14 representative from the executive branch of government, a 15 representative of victims groups and the compact administrator. 16 The President pro tempore of the Senate and the Speaker of the 17 House of Representatives shall each appoint a member of the 18 General Assembly to serve as a member of the council. The term 19 of a member of the council hereafter appointed, except to fill a 20 vacancy, shall be for four years and until a successor has been 21 appointed, but in no event more than 90 days beyond the 22 expiration of the appointed term. The term of a member of the 23 council who is appointed by virtue of serving as a member of the 24 General Assembly, as a judge or as a county chief probation 25 officer shall continue only as long as the individual remains in 26 that office. A vacancy occurring in an office of a member of the 27 council by expiration of term or for any other reason shall be 28 filled by the appointing authority for the remainder of the 29 term. 30 (b) Appointment of administrator.--The compact administrator 20050S0506B2110 - 204 -
1 shall be appointed by the Governor and shall serve as a member 2 of the State Council for the Supervision of Adult Offenders and 3 shall serve on the Interstate Commission for Adult Offender 4 Supervision established pursuant to the Interstate Compact for 5 the Supervision of Adult Offenders. 6 (c) Compensation and expenses of administrator.--The compact 7 administrator who represents this State, as provided for in 8 Article IV of the Interstate Compact for the Supervision of 9 Adult Offenders, shall not be entitled to any additional 10 compensation for his duties and responsibilities as compact 11 administrator but shall be entitled to reimbursement for 12 reasonable expenses actually incurred in connection with his 13 duties and responsibilities as compact administrator in the same 14 manner as for expenses incurred in connection with other duties 15 and responsibilities of his office or employment. 16 SUBCHAPTER C 17 ADMINISTRATIVE PROVISIONS 18 Sec. 19 7121. Deputization. 20 7122. Supervision of persons paroled by other states. 21 7123. Penalty. 22 § 7121. Deputization. 23 (a) General rule.--The chairperson of the Pennsylvania Board 24 of Probation and Parole may deputize any person to act as an 25 officer and agent of the Commonwealth in effecting the return of 26 any person who has violated the terms and conditions of parole 27 or probation as granted by the Commonwealth. In any matter 28 relating to the return of such person, an agent so deputized has 29 all the powers of a police officer of this Commonwealth. 30 (b) Evidence of deputization.--A deputization under this 20050S0506B2110 - 205 -
1 section must be in writing and a person authorized to act as an 2 agent of the Commonwealth under that authority shall carry 3 formal evidence of the deputization and shall produce it on 4 demand. 5 (c) Interstate contracts.--The chairperson of the 6 Pennsylvania Board of Probation and Parole may, subject to the 7 approval of the Auditor General, enter into contracts with 8 similar officials of any other state for the purpose of sharing 9 an equitable portion of the cost of effecting the return of any 10 person who has violated the terms and conditions of parole or 11 probation as granted by the Commonwealth. 12 § 7122. Supervision of persons paroled by other states. 13 (a) General rule.--In compliance with the Federal interstate 14 compact laws and the provisions of this section, the board may 15 supervise persons who are paroled by other states and reside in 16 this Commonwealth, where such other states agree to perform 17 similar services for the board. 18 (b) Witness Protection Program.--The board may relinquish 19 jurisdiction over a parolee to the proper Federal authorities 20 where the parolee is placed into the Witness Protection Program 21 of the United States Department of Justice. 22 (c) Applicability.--The provisions of this section shall 23 apply only to those persons under the supervision of the board. 24 (d) Contracting state obligations.--The contracting state 25 must adhere to this Commonwealth's laws regarding the interstate 26 compact, which are as follows: 27 (1) The contracting state solemnly agrees that it is 28 competent for the duly constituted judicial and 29 administrative authorities of a state party to the compact, 30 referred to as the "sending state," to permit any person 20050S0506B2110 - 206 -
1 convicted of an offense within such state and placed on 2 probation or released on parole to reside in any other state, 3 referred to as the "receiving state," while on probation or 4 parole if: 5 (i) A confirmed offer of viable employment or other 6 verifiable means of support exists. 7 (ii) A residence approved by the sending state shall 8 be available. 9 (2) The following information must be made available to 10 the receiving state from the sending state at the time the 11 application for acceptance to the receiving state shall be 12 filed: 13 (i) Institutional adjustment information on parolees 14 or probationers. 15 (ii) Current supervision history on parolees or 16 probationers. 17 (iii) A psychological report or psychological 18 update, completed no more than one year prior to the 19 receiving state's consideration, for persons convicted of 20 a violent offense. 21 (iv) The following information must be made 22 available to the receiving state for those cases defined 23 as a sexual offense: 24 (A) A summary of any type of treatment received 25 and dates of completion. 26 (B) A description of behavioral characteristics 27 that may have contributed to the parolee or 28 probationer's conduct. 29 (3) Any parolee or probationer convicted of a sexual 30 offense shall be required to: 20050S0506B2110 - 207 -
1 (i) Submit to mandatory registration and public 2 notification of all current addresses with the 3 Pennsylvania State Police. 4 (ii) Provide a signed copy of the "Pennsylvania 5 State Police Sexual Offender Registration Notification" 6 form and the "Pennsylvania State Police Sexual Offender 7 Registration" form to the receiving state. 8 (iii) Provide a signed copy of "Addendum to 9 Application for Compact Services/Agreement to Return" 10 form to the receiving state. 11 (4) Except as provided in this subsection, the receiving 12 state shall not consider the acceptance of supervision if the 13 parolee is already physically present in this Commonwealth. 14 Investigation and consideration of a case shall occur only 15 after the parolee returns to the sending state and proper 16 application is filed. The receiving state may consider the 17 acceptance of supervision if the probationer is already 18 physically present in this Commonwealth, where the 19 probationer has established domicile in the receiving state 20 before adjudication on the criminal offense. 21 (5) Electronic monitoring or other special conditions, 22 or both, of supervision shall be imposed as deemed necessary 23 by the receiving state. 24 (6) At the request of the receiving state, the sending 25 state shall agree to retake the parolee or probationer if 26 that individual violates any condition of probation or 27 parole. 28 (e) Definitions.--As used in this section the following 29 words and phrases shall have the meaning given to them in this 30 subsection unless the context clearly indicates otherwise: 20050S0506B2110 - 208 -
1 "Board." The Pennsylvania Board of Probation and Parole. 2 "Sexual offense." 3 (1) Any of the following offenses or an equivalent 4 offense that is classified as a felony and involves a victim 5 who is a minor: 6 18 Pa.C.S. § 2901 (relating to kidnapping). 7 18 Pa.C.S. § 5902(a) (relating to prostitution and 8 related offenses). 9 18 Pa.C.S. § 5903(a)(3), (4), (5) or (6) (relating to 10 obscene and other sexual materials and performances). 11 (2) Any of the following offenses or an equivalent 12 offense that is classified as a felony and involves a victim 13 who is younger than 13 years of age: 14 18 Pa.C.S. § 3126 (relating to indecent assault). 15 (3) Any of the following offenses or an equivalent 16 offense, regardless of the victim's age: 17 18 Pa.C.S. § 3121 (relating to rape). 18 18 Pa.C.S. § 3123 (relating to involuntary deviate 19 sexual intercourse). 20 18 Pa.C.S. § 3125 (relating to aggravated indecent 21 assault). 22 "Violent offense." 23 (1) Any of the following offenses or an equivalent 24 offense: 25 18 Pa.C.S. § 2502 (relating to murder). 26 18 Pa.C.S. § 2503 (relating to voluntary 27 manslaughter). 28 18 Pa.C.S. § 2702 (relating to aggravated assault). 29 18 Pa.C.S. § 2703 (relating to assault by prisoner). 30 18 Pa.C.S. § 2704 (relating to assault by life 20050S0506B2110 - 209 -
1 prisoner). 2 18 Pa.C.S. § 2901 (relating to kidnapping) where the 3 victim is a minor. 4 18 Pa.C.S. § 3121 (relating to rape). 5 18 Pa.C.S. § 3123 (relating to involuntary deviate 6 sexual intercourse). 7 18 Pa.C.S. § 3301 (relating to arson and related 8 offenses). 9 18 Pa.C.S. § 3502 (relating to burglary). 10 18 Pa.C.S. § 3701 (relating to robbery). 11 18 Pa.C.S. § 3923 (relating to theft by extortion) 12 where a threat of violence is made. 13 (2) A criminal attempt, criminal solicitation or 14 criminal conspiracy to commit any offenses set forth in this 15 definition. 16 "Other verifiable means of support." The term includes, but 17 is not limited to, support by parent, grandparent, sibling, 18 spouse or adult child. The term does not include public 19 assistance. 20 § 7123. Penalty. 21 A person who is on parole or probation in another state and 22 who resides in this Commonwealth in violation of section 6373 23 (relating to supervision of persons paroled by other states) 24 commits a misdemeanor of the first degree and shall be sentenced 25 to pay a fine of not more than $10,000 or to imprisonment for 26 not more than five years, or both. 27 Section 5. The addition of 61 Pa.C.S. Pts. I, II, III, IV 28 and V is a continuation of the acts and parts of acts listed in 29 section 7 of this act, except for the following: 30 Act of January 17, 1831 (P.L.12, No.12), entitled "A further 20050S0506B2110 - 210 -
1 supplement to an act, entitled, An act to reform the penal laws 2 of this Commonwealth." 3 Sections 3 and 14 of the act of April 14, 1835 (P.L.232, 4 No.140), entitled "A supplement to the act entitled An act to 5 provide for the erection of a new prison and a debtors' 6 apartment within the city and county of Philadelphia, and for 7 the sale of the county prison in Walnut street in said city." 8 Section 11 of the act of February 8, 1842 (P.L.12, No.10), 9 entitled "A supplement to an act entitled 'An act relating to 10 the prison of the county of Chester,' approved February first, 11 one thousand eight hundred and thirty-nine, and relative to the 12 Dauphin county prison." 13 The act of January 4, 1856 (P.L.711, No.661), entitled "A 14 further supplement to an act, entitled 'An Act to provide for 15 the erection of a new prison and debtors' apartment within the 16 city and county of Philadelphia, and for the sale of the county 17 prison in Walnut street in the said city, approved April 18 fourteenth, one thousand eight hundred thirty-five.'" 19 Sections 8, 12 and 14 of the act of June 2, 1871 (P.L.1301, 20 No.1209), entitled "An act to establish and maintain for the 21 city of Philadelphia, a house of correction, employment and 22 reformation for adults and minors." 23 Act of June 8, 1874 (P.L.278, No.163), entitled "An act 24 relating to prison inspectors and regulating prisons." 25 Sections 2 and 4 of the act of June 13, 1883 (P.L.112, 26 No.99), entitled "An act to abolish the contract system in the 27 prisons and reformatory institutions of the State of 28 Pennsylvania, and to regulate the wages of the inmates." 29 Act of June 22, 1897 (P.L.182, No.150), entitled "A 30 supplement to an act entitled 'An act for the punishment of 20050S0506B2110 - 211 -
1 cruelty to animals in this Commonwealth,' approved the twenty- 2 ninth day of March, one thousand eight hundred and sixty-nine, 3 requiring the keepers or persons in charge of all jails, lock- 4 ups and station-houses within the Commonwealth to receive all 5 persons arrested for any violation of the provisions of said 6 act." 7 Act of May 25, 1907 (P.L.247, No.191), entitled "An act 8 authorizing the employment of male prisoners of the jails, and 9 workhouses of this Commonwealth upon the public highways of the 10 several counties, and regulating the same; and providing for the 11 establishment of Prison Boards, the purchase of material and 12 tools, and employment of deputies, at the expense of the proper 13 county, and a penalty for the escape of prisoners while employed 14 outside of said jails, workhouses." 15 Act of May 28, 1913 (P.L.363, No.247), entitled "An act 16 regulating the discharge of prisoners on parole, from the penal 17 institutions of the Commonwealth." 18 Section 9 of the act of July 25, 1913 (P.L.1311, No.816), 19 entitled "An act providing for the establishment of a State 20 Industrial Home for Women; authorizing the purchase of a site, 21 and the erection thereon and equipment of necessary buildings; 22 providing for the commitment to said State Industrial Home for 23 Women of females between the ages of sixteen and thirty years, 24 convicted of, or pleading guilty to, the commission of any 25 criminal offense; and providing for the government and 26 management of said institution; and making an appropriation to 27 carry out the purposes of this act." 28 Act of July 19, 1917 (P.L.1117, No.378), entitled "An act 29 providing for the establishment, in cities of the first class, 30 of a house or houses of detention for witnesses and untried 20050S0506B2110 - 212 -
1 prisoners; for the commitment of such prisoners and witnesses 2 thereto; and for the payment of the cost of establishing and 3 maintaining the same by the county wherein said cities are 4 situated." 5 Act of May 1, 1929 (P.L.1184, No.416), entitled "An act 6 conferring and imposing certain powers and duties upon the State 7 Board of Pardons with respect to inmates of State penal and 8 correctional institutions released on parole." 9 Act of June 22, 1931 (P.L.864, No.280), entitled "An act 10 making a convict whose minimum sentence exceeds one-half of the 11 maximum sentence eligible to apply for release on parole when 12 said convict has served or will have served one-half his maximum 13 sentence." 14 Sections 25, 31, 32, 33, 33.1 and 34.1 of the act of August 15 6, 1941 (P.L.861, No.323), entitled, as amended, "An act to 16 create a uniform and exclusive system for the administration of 17 parole in this Commonwealth; providing state probation services; 18 establishing the 'Pennsylvania Board of Probation and Parole'; 19 conferring and defining its jurisdiction, duties, powers and 20 functions; including the supervision of persons placed upon 21 probation and parole in certain designated cases; providing for 22 the method of appointment of its members; regulating the 23 appointment, removal and discharge of its officers, clerks and 24 employes; dividing the Commonwealth into administrative 25 districts for purposes of probation and parole; fixing the 26 salaries of members of the board and of certain other officers 27 and employes thereof; making violations of certain provisions of 28 this act misdemeanors; providing penalties therefor; and for 29 other cognate purposes, and making an appropriation." 30 Section 5 of the act of August 13, 1963 (P.L.774, No.390), 20050S0506B2110 - 213 -
1 entitled "An act authorizing courts to permit certain prisoners 2 to leave jail during reasonable and necessary hours for 3 occupational, scholastic or medical purposes; conferring powers 4 and imposing duties upon courts, county commissioners and 5 sheriffs and other persons in charge of a jail or workhouse." 6 Act of December 27, 1965 (P.L.1237, No.502), entitled "An act 7 establishing regional correctional facilities administered by 8 the Bureau of Correction as part of the State correctional 9 system; establishing standards for county jails, and providing 10 for inspection and classification of county jails and for 11 commitment to State correctional facilities and county jails." 12 Act of March 21, 1986 (P.L.64, No.19), known as the Private 13 Prison Moratorium and Study Act. 14 Chapters 3, 5, 9 and 11 of the act of July 1, 1990 (P.L.315, 15 No.71), known as the Prison Facilities Improvement Act. 16 Section 6. The following shall apply: 17 (1) Except as otherwise provided in 61 Pa.C.S. Pts. I, 18 II, III, IV and V, all activities initiated under any of the 19 acts identified in section 5 of this act shall continue and 20 remain in full force and effect and may be completed under 61 21 Pa.C.S. Pts. I, II, III, IV and V. Resolutions, orders, 22 regulations, rules and decisions which were made under any of 23 the acts identified in section 5 of this act and which are in 24 effect on the effective date of this section shall remain in 25 full force and effect until revoked, vacated or modified 26 under 61 Pa.C.S. Pts. I, II, III, IV and V. Contracts, 27 obligations and agreements entered into under any of the acts 28 identified in section 5 of this act are not affected nor 29 impaired by the continuation of the acts and parts of acts 30 identified in section 5. 20050S0506B2110 - 214 -
1 (2) Any difference in language between 61 Pa.C.S. Pts. 2 I, II, III, IV and V and the acts identified in section 5 of 3 this act is intended only to conform to the style of the 4 Pennsylvania Consolidated Statutes and is not intended to 5 change or affect the legislative intent, judicial 6 construction or administrative interpretation and 7 implementation of those acts, except as follows: 8 (i) 61 Pa.C.S. Part I. 9 (ii) 61 Pa.C.S. § 3104(f). 10 (iii) The definition of "motivational boot camp" in 11 61 Pa.C.S. § 3903, by deleting an obsolete reference to 12 ventilation therapy. 13 (iv) 61 Pa.C.S. § 5903, by adding a reference to 14 civilian clothing to conform to Department of Corrections 15 policy. 16 Section 7. (a) The repeals in this section are necessary to 17 effectuate this act. 18 (b) The following acts and parts of acts are repealed: 19 Act of March 29, 1819 (P.L.232, No.146), entitled "An act to 20 prevent the coroner of Philadelphia county from holding inquests 21 in certain cases, and for other purposes." 22 Act of January 17, 1831 (P.L.12, No.12), entitled "A further 23 supplement to an act, entitled, An act to reform the penal laws 24 of this Commonwealth." 25 Act of April 14, 1835 (P.L.232, No.140), entitled "A 26 supplement to the act entitled 'An act to provide for the 27 erection of a new prison and a debtors' apartment within the 28 city and county of Philadelphia, and for the sale of the county 29 prison in Walnut street in said city.'" 30 Act of February 8, 1842 (P.L.12, No.10), entitled "A 20050S0506B2110 - 215 -
1 supplement to an act entitled 'An act relating to the prison of 2 the county of Chester,' approved February first, one thousand 3 eight hundred and thirty-nine, and relative to the Dauphin 4 county prison." 5 Section 5 of the act of April 16, 1845 (P.L.507, No.342), 6 entitled "An act to provide for the ordinary expenses of the 7 government, repair of the canals and railroads of the state, and 8 other claims upon the commonwealth." 9 Act of January 4, 1856 (P.L.711, No.661), entitled "A further 10 supplement to an act, entitled 'An act to provide for the 11 erection of a new prison and debtors' apartment within the city 12 and county of Philadelphia, and for the sale of the county 13 prison in Walnut street in the said city,' approved April 14 fourteenth, one thousand eight hundred thirty-five." 15 Act of April 18, 1857 (P.L.253, No.295), entitled "A further 16 supplement to an act to Reform the Penal Laws of this 17 Commonwealth, approved the seventeenth day of January, Anno 18 Domini one thousand eight hundred and thirty-one." 19 Act of May 1, 1861 (P.L.528, No.491), entitled "An act 20 granting further Powers to the Inspectors of the Philadelphia 21 County Prison." 22 Act of April 17, 1867 (P.L.87, No.68), entitled "An act to 23 authorize the Governor to appoint a person to visit prisons and 24 almshouses." 25 Act of June 2, 1871 (P.L.1301, No.1209), entitled "An act to 26 establish and maintain for the city of Philadelphia, a house of 27 correction, employment and reformation for adults and minors." 28 Act of June 8, 1874 (P.L.278, No.163), entitled "An act 29 relating to prison inspectors and regulating prisons." 30 Act of June 13, 1883 (P.L.112, No.99), entitled "An act to 20050S0506B2110 - 216 -
1 abolish the contract system in the prisons and reformatory 2 institutions of the State of Pennsylvania, and to regulate the 3 wages of the inmates." 4 Act of June 20, 1883 (P.L.125, No.110), entitled "An act to 5 require a brand upon all goods, wares, merchandise or other 6 article or thing made for sale by convict labor in any 7 penitentiary, reformatory prison, school or other establishment 8 in which convict labor is employed." 9 Act of May 9, 1889 (P.L.154, No.170), entitled "An act 10 authorizing and empowering boards of prison inspectors, in 11 counties where such boards exist, to fix the salaries of deputy 12 wardens, keepers and other persons employed in and about the 13 jails of such counties." 14 Act of June 26, 1895 (P.L.377, No.269), entitled "An act 15 authorizing the erection of work-houses in the several counties 16 of this Commonwealth." 17 Act of May 11, 1897 (P.L.49, No.41), entitled "An act 18 relating to appointment of Prison Commissioners in counties of 19 the Commonwealth having over one hundred and fifty thousand 20 population." 21 Act of June 22, 1897 (P.L.182, No.150), entitled "A 22 supplement to an act, entitled 'An act for the punishment of 23 cruelty to animals in this Commonwealth,' approved the twenty- 24 ninth day of March, one thousand eight hundred and sixty-nine, 25 requiring the keepers or persons in charge of all jails, lock- 26 ups and station-houses within the Commonwealth to receive all 27 persons arrested for any violation of the provisions of said 28 act." 29 Act of April 28, 1899 (P.L.89, No.75), entitled "An act 30 authorizing the employment of male prisoners of the jails and 20050S0506B2110 - 217 -
1 workhouses of this Commonwealth, and regulating the same, and 2 providing a penalty for an escape of prisoners while employed 3 outside of said jails or workhouses." 4 Act of March 20, 1903 (P.L.45, No.48), entitled "An act to 5 make active or visiting committees, of societies incorporated 6 for the purpose of visiting and instructing prisoners, official 7 visitors of penal and reformatory institutions." 8 Act of May 25, 1907 (P.L.247, No.191), entitled "An act 9 authorizing the employment of male prisoners of the jails, and 10 workhouses of this Commonwealth upon the public highways of the 11 several counties, and regulating the same; and providing for the 12 establishment of Prison Boards, the purchase of material and 13 tools, and employment of deputies, at the expense of the proper 14 county, and a penalty for the escape of prisoners while employed 15 outside of said jails, workhouses." 16 Act of April 23, 1909 (P.L.141, No.92), entitled "An act 17 providing for the use of borough and township lockups and city 18 or county prisons, for the detention of prisoners arrested by 19 sheriffs, constables, members of the State constabulary, or 20 other persons authorized by the laws of the Commonwealth to make 21 arrests, and entitling boroughs, townships, and cities to 22 receive remuneration for the same." 23 Act of May 14, 1909 (P.L.838, No.656), entitled "An act to 24 define the rights and functions of official visitors of jails, 25 penitentiaries, and other penal or reformatory institutions, and 26 providing for their removal." 27 Act of May 11, 1911 (P.L.274, No.176), entitled "An act to 28 prohibit the bringing into prisons of all weapons or other 29 implements which may be used to injure any convict or person, or 30 in assisting any convict to escape punishment, or the selling or 20050S0506B2110 - 218 -
1 furnishing of same to convicts; to prohibit the bringing into 2 prisons of all spirituous or fermented liquors, drugs, 3 medicines, poisons, opium, morphine, or any other kind or 4 character of narcotics; or the giving, selling or furnishing of 5 spirituous or fermented liquor, drugs, medicine, poison, opium, 6 morphine, or any other kind or character of narcotics; or 7 bringing into or taking out letters, notes, money, or contraband 8 goods of any kind, whatsoever; and providing a penalty for the 9 violation thereof." 10 Act of June 7, 1911 (P.L.677, No.268), entitled "An act 11 providing for the payment of the costs of proceedings and the 12 expenses of maintaining prisoners committed to county prisons, 13 either for non-payment of fines or penalties imposed for, or 14 while awaiting a hearing upon, any charge for the violation of 15 any city or borough ordinance, or any ordinance of townships of 16 the first class, by the city, borough, or township of the first 17 class whose ordinances are alleged to have been violated, or to 18 which any such fines or penalties are payable." 19 Act of June 19, 1911 (P.L.1059, No.813), referred to as the 20 County Jail and Workhouse Parole Law. 21 Act of May 28, 1913 (P.L.363, No.247), entitled "An act 22 regulating the discharge of prisoners on parole, from the penal 23 institutions of the Commonwealth." 24 Act of June 19, 1913 (P.L.532, No.340), entitled "A 25 supplement to an act approved the nineteenth day of June, one 26 thousand nine hundred eleven, entitled 'An act authorizing the 27 release on probation of certain convicts, instead of imposing 28 sentences; the appointment of probation and parole officers, and 29 the payment of their salaries and expenses; regulating the 30 manner of sentencing convicts in certain cases, and providing 20050S0506B2110 - 219 -
1 for their release on parole; their conviction of crime during 2 parole, and their re-arrest and reconviction for breach of 3 parole; and extending the powers and duties of boards of prison 4 inspectors of penitentiaries.'" 5 Act of July 22, 1913 (P.L.912, No.437), entitled "An act 6 providing for the payment of the costs incurred in the trial of 7 convicts and prisoners escaping, or attempting to escape, from 8 the several penitentiaries and reformatories of the Commonwealth 9 of Pennsylvania, by the respective counties from whose courts 10 the said escaping convicts or prisoners have been committed; and 11 providing for the maintenance of such convicts under sentence 12 for escape, et cetera." 13 Section 9 of the act of July 25, 1913 (P.L.1311, No.816), 14 entitled "An act providing for the establishment of a State 15 Industrial Home for Women; authorizing the purchase of a site, 16 and the erection thereon and equipment of necessary buildings; 17 providing for the commitment to said State Industrial Home for 18 Women of females between the ages of sixteen and thirty years, 19 convicted of, or pleading guilty to, the commission of any 20 criminal offense; and providing for the government and 21 management of said institution; and making an appropriation to 22 carry out the purposes of this act." 23 Act of May 24, 1917 (P.L.283, No.150), entitled "An act 24 fixing the residence of the warden of the county jail or prison, 25 in counties of this Commonwealth where the government of such 26 jail or prison is or may hereafter be vested in a prison board." 27 Act of July 17, 1917 (P.L.1036, No.337), entitled "A Joint 28 Resolution authorizing the authorities having control and 29 supervision of county jails and prisons to permit the employment 30 of inmates thereof on county or almshouse farms; exempting 20050S0506B2110 - 220 -
1 wardens and keepers from liability in certain cases for 2 escapes." 3 Act of July 19, 1917 (P.L.1117, No.378), entitled "An act 4 providing for the establishment, in cities of the first class, 5 of a house or houses of detention for witnesses and untried 6 prisoners; for the commitment of such prisoners and witnesses 7 thereto; and for the payment of the cost of establishing and 8 maintaining the same by the county wherein said cities are 9 situated." 10 Act of May 31, 1919 (P.L.356, No.170), entitled, as amended, 11 "An act authorizing courts of record to remove convicts and 12 persons confined in jails, workhouses, reformatories, reform or 13 industrial schools, penitentiaries, prisons, houses of 14 correction or any other penal institutions, who are seriously 15 ill, to other institutions; and providing penalties for breach 16 of prison." 17 Act of May 10, 1921 (P.L.433, No.209), entitled "An act 18 providing for the sentencing of certain criminals to 19 reformatories or houses of correction in counties of the first 20 class." 21 Act of May 16, 1921 (P.L.579, No.262), referred to as the 22 County Prison Board Law. 23 Act of May 19, 1923 (P.L.271, No.172), entitled "An act 24 providing a system of employment and compensation for the 25 inmates of county jails and prisons." 26 Act of June 14, 1923 (P.L.775, No.306), entitled "An act to 27 provide for the physical welfare of all persons confined 28 (whether such persons be tried or untried prisoners) in any 29 penitentiary or county prison in this Commonwealth." 30 Act of July 11, 1923 (P.L.1044, No.425), referred to as the 20050S0506B2110 - 221 -
1 Prisoner Transfer Law. 2 Act of April 27, 1927 (P.L.414, No.270), entitled, as 3 amended, "An act providing for a system of recording the 4 identification of persons convicted of crime, and of fugitives 5 from justice, and habitual criminals; conferring powers and 6 imposing duties upon the Pennsylvania State Police, district 7 attorneys, police officers, wardens or keepers of jails, 8 prisons, workhouses, or other penal institutions, and sheriffs; 9 providing for the payment of certain expenses by the counties; 10 and imposing penalties." 11 Sections 903-B and 904-B of the act of April 9, 1929 12 (P.L.177, No.175), known as The Administrative Code of 1929. 13 Act of May 1, 1929 (P.L.1182, No.414), entitled "An act 14 providing the procedure and the powers of the State Board of 15 Pardons and boards of trustees of penitentiaries where prisoners 16 released on parole violate the terms of such parole; and fixing 17 the penalty for such violation." 18 Act of May 1, 1929 (P.L.1184, No.416), entitled "An act 19 conferring and imposing certain powers and duties upon the State 20 Board of Pardons with respect to inmates of State penal and 21 correctional institutions released on parole." 22 Act of May 20, 1931 (P.L.138, No.99), entitled "An act 23 permitting the sale of prison made goods, in counties of the 24 first class, to such counties and to cities and school districts 25 and to political subdivisions of such counties and to certain 26 institutions therein; permitting contracts for such sales and 27 purchases, without advertising or competitive bidding; 28 permitting payment of compensation to inmates; and repealing 29 inconsistent laws." 30 Act of June 12, 1931 (P.L.512, No.166), referred to as the 20050S0506B2110 - 222 -
1 Industrial Farms and Workhouses Law. 2 Act of June 22, 1931 (P.L.864, No.280), entitled "An act 3 making a convict whose minimum sentence exceeds one-half of the 4 maximum sentence eligible to apply for release on parole when 5 said convict has served or will have served one-half his maximum 6 sentence." 7 Act of June 21, 1939 (P.L.660, No.307), entitled, as amended, 8 "An act providing for the return of escaped prisoners and 9 convicts after apprehension, to the penitentiary or state 10 institution from which they escape, by the agents of the 11 Department of Justice or the Pennsylvania State Police, and 12 requiring the penitentiary or state institution to defray the 13 expenses thereof." 14 Act of August 6, 1941 (P.L.861, No.323), referred to as the 15 Pennsylvania Board of Probation and Parole Law. 16 Act of May 17, 1945 (P.L.628, No.268), entitled "An act 17 requiring boards of prison inspectors in counties of the fourth 18 class to pay the premiums on all bonds required of employes 19 appointed by the board." 20 Act of May 11, 1949 (P.L.1191, No.359), entitled "An act for 21 the government, management and control of county jails and 22 prisons in counties of sixth, seventh and eighth classes." 23 Article XXX-A of the act of July 28, 1953 (P.L.723, No.230), 24 known as the Second Class County Code. 25 Act of December 13, 1955 (P.L.829, No.240), entitled "An act 26 authorizing the commitment to the Department of Public Welfare 27 in any city of the first class persons convicted of crimes and 28 sentences by courts situate within such city to a city or county 29 penal institution, where such Department has established a 30 correctional, diagnostic and classification service, and 20050S0506B2110 - 223 -
1 authorizing the transfer of prisoners between such institutions 2 by the Department." 3 Act of December 13, 1955 (P.L.841, No.246), entitled "An act 4 authorizing cooperative return of parole and probation violators 5 and the making of contracts or deputization of persons pursuant 6 thereto." 7 Act of August 6, 1963 (P.L.521, No.277), entitled "An act 8 providing that probation officers shall have the power of peace 9 officers in the performance of their duties." 10 Act of August 13, 1963 (P.L.774, No.390), entitled "An act 11 authorizing courts to permit certain prisoners to leave jail 12 during reasonable and necessary hours for occupational, 13 scholastic or medical purposes; conferring powers and imposing 14 duties upon courts, county commissioners and sheriffs and other 15 persons in charge of a jail or workhouse." 16 Act of December 22, 1965 (P.L.1189, No.472), entitled "An act 17 establishing a correctional facility for criminological 18 diagnosis, classification, social and psychological treatment 19 and research, medical treatment and staff training." 20 Act of December 27, 1965 (P.L.1237, No.502), entitled "An act 21 establishing regional correctional facilities administered by 22 the Bureau of Correction as part of the State correctional 23 system; establishing standards for county jails, and providing 24 for inspection and classification of county jails and for 25 commitment to State correctional facilities and county jails." 26 Act of July 16, 1968 (P.L.351, No.173), referred to as the 27 Prisoner Pre-release Plan Law. 28 Act of December 22, 1969 (P.L.394, No.175), entitled "An act 29 providing for the establishment, operation and maintenance of 30 detention facilities for certain persons by adjoining counties 20050S0506B2110 - 224 -
1 on approval by the Bureau of Correction." 2 Act of October 16, 1972 (P.L.913, No.218), entitled "An act 3 establishing regional community treatment centers for women 4 administered by the Bureau of Correction of the Department of 5 Justice as part of the State Correctional System, providing for 6 the commitment of females to such centers and their temporary 7 release therefrom for certain purposes, restricting confinement 8 of females in county jails and conferring powers and duties upon 9 the Department of Justice and the Bureau of Correction." 10 Act of December 30, 1974 (P.L.1075, No.348), known as the 11 Interstate Corrections Compact. 12 Act of March 21, 1986 (P.L.64, No.19), known as the Private 13 Prison Moratorium and Study Act. 14 Chapters 3, 5, 9 and 11 of the act of July 1, 1990 (P.L.315, 15 No.71), known as the Prison Facilities Improvement Act. 16 Act of December 7, 1990 (P.L.615, No.156), known as the 17 Official Visitation of Prisons Act. 18 Act of December 19, 1990 (P.L.1391, No.215), known as the 19 Motivational Boot Camp Act. 20 Act of December 27, 1994 (P.L.1354, No.158), known as the 21 County Probation and Parole Officers' Firearm Education and 22 Training Law. 23 Act of May 16, 1996 (P.L.220, No.40), known as the Prison 24 Medical Services Act. 25 Act of June 18, 1998 (P.L.622, No.80), entitled "An act 26 providing for a procedure and method of execution; and making 27 repeals." 28 Act of December 3, 1998 (P.L.932, No.120), entitled "An act 29 requiring all prison inmates to wear identifiable prison 30 uniforms while incarcerated." 20050S0506B2110 - 225 -
1 Act of June 19, 2002 (P.L.377, No.56), known as the 2 Interstate Compact for the Supervision of Adult Offenders Act. 3 (c) The following acts are also repealed: 4 Act of June 25, 1937 (P.L.2086, No.415), entitled "An act 5 providing for the making of compacts by the Commonwealth with 6 other states for mutual helpfulness in relation to persons on 7 probation or parole; and imposing certain powers and duties on 8 the Governor and the Board of Pardons." 9 Act of July 20, 1968 (P.L.441, No.207), entitled "An act 10 providing for the incarceration of probationers or parolees in 11 certain other states under certain circumstances." 12 (d) The act of December 8, 1959 (P.L.1718, No.632), 13 entitled, as amended, "An act providing for the payment of the 14 salary, medical and hospital expenses of employes of State penal 15 and correctional institutions, State mental hospitals, Youth 16 Development Centers, County Boards of Assistance, and under 17 certain conditions other employes of the Department of Public 18 Welfare, who are injured in the performance of their duties; and 19 providing benefit to their widows and dependents in certain 20 cases," is repealed insofar as it relates to employees of State 21 correctional institutions as that term is defined in 61 Pa.C.S. 22 § 102 (relating to definitions). 23 Section 8. A reference in any act or part of an act to: 24 (1) A parole agent of a county shall be deemed a 25 reference to a probation officer. 26 (2) A parole officer of the State shall be deemed a 27 reference to a parole agent. 28 (3) The County Probation and Parole Officers' Firearm 29 Education and Training Program shall be deemed a reference to 30 the County Probation Officers' Firearm Education and Training 20050S0506B2110 - 226 -
1 Program. 2 (4) The County Probation and Parole Officers' Firearm 3 Education and Training Fund shall be deemed a reference to 4 the County Probation Officers' Firearm Education and Training 5 Fund. 6 Section 9. The County Probation Officers' Firearm Education 7 and Training Commission is a continuation of the County 8 Probation and Parole Officers' Firearm Education and Training 9 Commission. 10 Section 10. The County Probation Officers' Firearm Education 11 and Training Fund is a continuation of the County Probation and 12 Parole Officers' Firearm Education and Training Fund. 13 Section 11. This act shall take effect as follows: 14 (1) Section 7(c) of this act shall take effect on the 15 date that the Interstate Compact for the Supervision of Adult 16 Offenders becomes effective and operative between this State 17 and any other state or states in accordance with 61 Pa.C.S. § 18 7113. 19 (2) The remainder of this act shall take effect 20 immediately. B1L61DMS/20050S0506B2110 - 227 -