HOUSE AMENDED
PRIOR PRINTER'S NOS. 539, 1487, 1798, PRINTER'S NO. 2245
1883, 2110
No. 506 Session of 2005
INTRODUCED BY GREENLEAF, COSTA, O'PAKE, STOUT, THOMPSON,
PILEGGI, TOMLINSON, KITCHEN AND M. WHITE, MARCH 29, 2005
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
NOVEMBER 15, 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, FURTHER PROVIDING FOR <--
4 COMPOSITION OF PENNSYLVANIA COMMISSION ON SENTENCING AND FOR
5 POWERS AND DUTIES; providing for ADOPTION OF GUIDELINES FOR <--
6 STATE PAROLE AND FOR temporary release from county
7 correctional institutions; FURTHER PROVIDING FOR SENTENCING <--
8 PROCEEDING AND PLACE OF CONFINEMENT; PROVIDING FOR PAROLE
9 WITHOUT BOARD SUPERVISION, FOR JUDICIAL POWER TO RELEASE
10 INMATES AND for transfers of inmates needing medical care
11 and; FURTHER PROVIDING for State intermediate punishment; <--
12 PROVIDING FOR OTHER CRIMINAL PROVISIONS; amending the heading <--
13 of Title 61; adding definitions, provisions relating to
14 general administration of correctional institutions, State
15 correctional institutions, county correctional institutions,
16 the Philadelphia County Prison, house of detention for
17 untried inmates and witnesses, inmate labor, medical
18 services, visitation, motivational boot camp, execution
19 procedure and method, miscellaneous matters relating thereto,
20 probation and parole generally, the Pennsylvania Board of
21 Probation and Parole, County Probation and Parole Agents' <--
22 OFFICERS' Firearm Education and Training, and correctional <--
23 institution interstate compacts; and making repeals relating
24 to codification.
25 TABLE OF CONTENTS
26 TITLE 42
27 JUDICIARY AND JUDICIAL PROCEDURE
1 PART II. ORGANIZATION <--
2 CHAPTER 21. JUDICIAL BOARDS AND COMMISSIONS
3 SUBCHAPTER F. PENNSYLVANIA COMMISSION ON SENTENCING
4 § 2152. COMPOSITION OF COMMISSION.
5 § 2153. POWERS AND DUTIES.
6 § 2154.3. ADOPTION OF GUIDELINES FOR STATE PAROLE.
7 PART VIII. CRIMINAL PROCEEDINGS
8 Chapter 97. Sentencing
9 Subchapter E. Imposition of Sentence
10 § 9755.1. Temporary release from county correctional
11 institution.
12 § 9762. SENTENCING PROCEEDING; PLACE OF CONFINEMENT. <--
13 Subchapter F. Further Judicial Action
14 § 9775. Parole without board supervision.
15 § 9776. Judicial power to release inmates.
16 § 9777. Transfer of inmates in need of medical treatment.
17 Chapter 99. State Intermediate Punishment
18 (Deleted by amendment)
19 Chapter 99. Other Criminal Provisions
20 Subchapter A. County Probation Officers
21 § 9911. Definitions.
22 § 9912. Supervisory relationship to offenders.
23 § 9913. Peace officer power for probation officers.
24 TITLE 61
25 PRISONS AND PAROLE
26 PART I. GENERAL PROVISIONS
27 Chapter 1. Preliminary Provisions
28 § 101. Short title of title.
29 § 102. Definitions.
30 PART II. CORRECTIONAL INSTITUTIONS
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1 Chapter 11. General Administration
2 Subchapter A. Penal Operations and Procedures
3 § 1101. Benefits to injured employees of State correctional
4 institutions.
5 § 1102. Correctional facility for criminological diagnosis.
6 § 1103. Recording system for identification of criminal
7 offenders.
8 Subchapter B. Inmate Transfers
9 § 1151. General transfer authorization.
10 § 1152. Transfers to department.
11 § 1153. Expense of removing certain inmates.
12 § 1154. Law enforcement use of county correctional
13 institutions.
14 Subchapter C. Escaped Inmates
15 § 1161. Return of escaped inmates.
16 § 1162. Escaped inmate costs.
17 § 1163. Maintenance of escaping inmates under new sentence.
18 § 1164. Criminal offense during confinement.
19 Chapter 13. (Reserved)
20 Chapter 15. (Reserved)
21 Chapter 17. County Correctional Institutions
22 Subchapter A. Counties and Cities of the First Class
23 § 1701. Appropriations for improvements, railroad connection
24 and commitments.
25 § 1702. Arrest of disorderly minors.
26 § 1703. Commitment of disorderly minors and appeal.
27 § 1704. Employment of inmates.
28 § 1705. Offenses.
29 § 1706. Supplies and reports.
30 § 1707. Deficiency in maintenance.
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1 § 1708. Habeas corpus.
2 § 1709. Extension of powers.
3 § 1710. Annual statement.
4 § 1710.1. Name of jail and appointment of inspectors.
5 § 1710.2. Duties of physician.
6 § 1710.3. Visitors to have permission in writing.
7 § 1710.4. Treatment of inmates on discharge.
8 § 1710.5. County of the first class to supply deficiency in
9 furnishing and maintaining prison.
10 § 1710.6. Inmates sentenced for less than two years to county
11 prison.
12 § 1710.7. Coroner of first class county not to hold inquests on
13 convicts, except in certain cases.
14 § 1710.8. Inspectors to discharge inmates.
15 § 1710.9. Treatment of inmates convicted of capital offenses.
16 § 1710.10. Cities of the first class.
17 Subchapter B. County Jail Oversight Board in Counties of the
18 Second Class and Second Class A
19 § 1721. Scope of subchapter.
20 § 1722. Definitions.
21 § 1723. County jail oversight board.
22 § 1724. Powers and duties.
23 § 1725. Rules and regulations.
24 § 1726. Warden.
25 § 1727. Board meetings.
26 § 1728. Contracts and purchases.
27 Subchapter C. Other Counties
28 § 1731. Establishment.
29 § 1732. Board meetings.
30 § 1733. Appointment of warden and employees.
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1 § 1734. Powers of peace officers.
2 § 1735. Expenditures.
3 § 1736. Bonding requirement.
4 Subchapter D. Alternative Plan for Certain Counties
5 § 1741. Sixth, seventh and eighth class counties.
6 § 1742. Appointment of prison commissioners.
7 Subchapter E. Penal Operations and Procedures
8 § 1751. Costs of confinement.
9 § 1752. Board of inspectors to regulate salaries of wardens
10 and other staff.
11 § 1753. Residence of warden.
12 § 1754. Bonds for county prison staff in fourth class
13 counties.
14 § 1755. Property exempt from taxation.
15 § 1756. Loss of privileges.
16 § 1757. Collection from certain inmates.
17 Subchapter F. Joint Detention Centers
18 § 1761. Establishment by adjoining counties.
19 § 1762. Selection of site.
20 § 1763. Buildings.
21 § 1764. Construction contracts.
22 § 1765. Advisory board.
23 § 1766. Meetings.
24 § 1767. Superintendent CHIEF ADMINISTRATOR and employees. <--
25 § 1768. Rules and regulations.
26 § 1769. Initial transfer of inmates.
27 § 1770. Employment of inmates.
28 § 1771. Cost of transporting inmates.
29 § 1772. Financial reporting.
30 § 1773. Allocation of expenses to counties.
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1 § 1774. County appropriations.
2 § 1775. Exemption from taxation.
3 Subchapter G. Joint Industrial Farms and Workhouses
4 § 1781. Establishment by counties.
5 § 1782. Selection of site.
6 § 1783. Buildings.
7 § 1784. Construction contracts.
8 § 1785. Advisory board.
9 § 1786. Meetings.
10 § 1787. Superintendent CHIEF ADMINISTRATOR and employees. <--
11 § 1788. Rules and regulations.
12 § 1789. Initial transfer of inmates.
13 § 1790. Employment of inmates.
14 § 1791. Cost of transporting inmates.
15 § 1792. Nature of inmate employment.
16 § 1793. Sale of goods and materials.
17 § 1794. Financial reporting.
18 § 1795. Allocation of expenses to counties.
19 § 1796. Borrowing authorized.
20 § 1797. Exemption from taxation.
21 § 1798. Nonapplicability.
22 PART III. INMATE CONFINEMENT
23 Chapter 31. Inmate Labor
24 § 3101. Inmates to be employed.
25 § 3102. Disposition of proceeds of labor.
26 § 3103. Agricultural labor at county correctional
27 institutions.
28 § 3104. Inmate labor in county correctional institutions.
29 § 3105. Inmate labor in counties of the first class.
30 § 3106. Inmate-made goods to be branded.
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1 § 3107. Sale of inmate-made goods.
2 Chapter 33. Medical Services
3 § 3301. Short title of chapter.
4 § 3302. Definitions.
5 § 3303. Medical Services Program.
6 § 3304. Powers and duties of department.
7 § 3305. Costs outstanding upon release.
8 § 3306. Report to General Assembly.
9 § 3307. Applicability.
10 Chapter 35. Visitation
11 Subchapter A. General Provisions
12 § 3501. Gubernatorial visitor for philanthropic purposes.
13 § 3502. Official visitors.
14 § 3503. Rights of official visitors.
15 Subchapter B. Official Visitation
16 § 3511. Short title of subchapter.
17 § 3512. Definitions.
18 § 3513. Visitation.
19 § 3514. Employees of official visitor.
20 Chapter 37. Inmate Prerelease Plans
21 § 3701. Establishment of prerelease centers.
22 § 3702. Prerelease plan for inmates.
23 § 3703. Rules and regulations.
24 § 3704. Salaries and wages of inmates.
25 Chapter 39. Motivational Boot Camp
26 § 3901. Scope of chapter.
27 § 3902. Declaration of policy.
28 § 3903. Definitions.
29 § 3904. Selection of inmate participants.
30 § 3905. Motivational boot camp program.
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1 § 3906. Procedure for selection of participant in motivational
2 boot camp program.
3 § 3907. Completion of motivational boot camp program.
4 § 3908. Appeals.
5 Chapter 41. State Intermediate Punishment
6 § 4101. Scope of chapter.
7 § 4102. Findings and purpose.
8 § 4103. Definitions.
9 § 4104. Referral to State intermediate punishment program.
10 § 4105. Drug offender treatment program.
11 § 4106. Written guidelines and regulations.
12 § 4107. Reports.
13 § 4108. Construction.
14 § 4109. Evaluation.
15 Chapter 43. Execution Procedure and Method
16 § 4301. Definitions.
17 § 4302. Issuance of warrant.
18 § 4303. Terms of confinement.
19 § 4304. Method of execution.
20 § 4305. Witnesses to execution.
21 § 4306. Certification of superintendent CHIEF ADMINISTRATOR. <--
22 § 4307. Postmortem examination.
23 § 4308. Costs of execution and examination.
24 Chapter 59. Miscellaneous Provisions
25 § 5901. Physical welfare of inmates.
26 § 5902. Contraband prohibited.
27 § 5903. Inmate uniforms.
28 § 5904. Assessment and collection of costs.
29 PART IV. PROBATION AND PAROLE
30 Chapter 61. Pennsylvania Board of Probation and Parole
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1 Subchapter A. Preliminary Provisions
2 § 6101. Definitions.
3 § 6102. Operation of parole system generally.
4 Subchapter B. Administration
5 § 6111. Pennsylvania Board of Probation and Parole.
6 § 6112. Board chairperson.
7 § 6113. Board action.
8 § 6114. Salaries of board members.
9 § 6115. Incompatible offices and removal.
10 § 6116. Meetings.
11 § 6117. Official seal.
12 § 6118. Offices.
13 § 6119. District directors.
14 § 6120. District office employees.
15 § 6121. Disciplinary action.
16 § 6122. Political activities.
17 § 6123. Advisory committee.
18 Subchapter C. Powers and Duties
19 § 6131. General powers of board.
20 § 6132. Specific powers of board involving parolees.
21 § 6132.1. GUIDELINES. <--
22 § 6133. Probation services.
23 § 6134. Sentencing court to transmit records to board.
24 § 6135. Investigation of circumstances of offense.
25 § 6136. Right of access to inmates.
26 § 6137. Parole power.
27 § 6138. Violation of terms of parole.
28 § 6139. Parole procedure.
29 § 6140. Victim statements, testimony and participation in
30 hearing.
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1 § 6141. General rules and special regulations.
2 Subchapter D. State Parole Agents
3 § 6151. Definitions.
4 § 6152. Status as peace officers.
5 § 6153. Supervisory relationship to offenders.
6 Chapter 63. County Probation Officers' Firearm Education and
7 Training
8 § 6301. Short title of chapter.
9 § 6302. Definitions.
10 § 6303. County Probation Officers' Firearm Education and
11 Training Commission.
12 § 6304. Commission membership.
13 § 6305. Powers and duties of commission.
14 § 6306. Training mandatory.
15 § 6307. Requirements for program participation or waiver.
16 § 6308. County Probation Officers' Firearm Education and
17 Training Fund.
18 § 6309. Applicability.
19 PART V. MISCELLANEOUS PROVISIONS
20 Chapter 71. Interstate Compacts
21 Subchapter A. Interstate Corrections Compact
22 § 7101. Short title of subchapter.
23 § 7102. Interstate Corrections Compact.
24 § 7103. Powers.
25 Subchapter B. Interstate Compact for the Supervision of
26 Adult Offenders
27 § 7111. Short title of subchapter.
28 § 7112. Authority to execute compact.
29 § 7113. When and how compact becomes operative.
30 § 7114. State council and compact administrator.
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1 Subchapter C. Administrative Provisions
2 § 7121. Deputization.
3 § 7122. Supervision of persons paroled by other states.
4 § 7123. Penalty.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Title 42 of the Pennsylvania Consolidate Statutes <--
8 is amended by adding sections A SECTION to read: <--
9 SECTION 1. SECTION 2152 OF TITLE 42 OF THE PENNSYLVANIA <--
10 CONSOLIDATED STATUTES IS AMENDED BY ADDING A SUBSECTION TO READ:
11 § 2152. COMPOSITION OF COMMISSION.
12 * * *
13 (A.1) EX OFFICIO MEMBERS.--THE SECRETARY OF CORRECTIONS AND
14 THE CHAIRMAN OF THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE
15 SHALL SERVE AS EX OFFICIO NONVOTING MEMBERS OF THE COMMISSION
16 DURING THEIR TERMS OF OFFICE.
17 * * *
18 SECTION 1.1. SECTION 2153(A) OF TITLE 42 IS AMENDED TO READ:
19 § 2153. POWERS AND DUTIES.
20 (A) GENERAL RULE.--THE COMMISSION, PURSUANT TO RULES AND
21 REGULATIONS, SHALL HAVE THE POWER TO:
22 (1) ESTABLISH GENERAL POLICIES AND PROMULGATE SUCH RULES
23 AND REGULATIONS FOR THE COMMISSION AS ARE NECESSARY TO CARRY
24 OUT THE PURPOSES OF THIS SUBCHAPTER AND CHAPTER 97 (RELATING
25 TO SENTENCING).
26 (2) UTILIZE, WITH THEIR CONSENT, THE SERVICES,
27 EQUIPMENT, PERSONNEL, INFORMATION AND FACILITIES OF FEDERAL,
28 STATE, LOCAL AND PRIVATE AGENCIES AND INSTRUMENTALITIES WITH
29 OR WITHOUT REIMBURSEMENT THEREFOR.
30 (3) ENTER INTO AND PERFORM SUCH CONTRACTS, LEASES,
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1 COOPERATIVE AGREEMENTS AND OTHER TRANSACTIONS AS MAY BE
2 NECESSARY IN THE CONDUCT OF THE FUNCTIONS OF THE COMMISSION,
3 WITH ANY PUBLIC AGENCY OR WITH ANY PERSON, FIRM, ASSOCIATION,
4 CORPORATION, EDUCATIONAL INSTITUTION OR NONPROFIT
5 ORGANIZATION.
6 (4) REQUEST SUCH INFORMATION, DATA AND REPORTS FROM ANY
7 OFFICER OR AGENCY OF THE COMMONWEALTH GOVERNMENT AS THE
8 COMMISSION MAY FROM TIME TO TIME REQUIRE AND AS MAY BE
9 PRODUCED CONSISTENT WITH OTHER LAW.
10 (5) ARRANGE WITH THE HEAD OF ANY GOVERNMENT UNIT FOR THE
11 PERFORMANCE BY THE GOVERNMENT UNIT OF ANY FUNCTION OF THE
12 COMMISSION, WITH OR WITHOUT REIMBURSEMENT.
13 (6) ISSUE INVITATIONS REQUESTING THE ATTENDANCE AND
14 TESTIMONY OF WITNESSES AND THE PRODUCTION OF ANY EVIDENCE
15 THAT RELATES DIRECTLY TO A MATTER WITH RESPECT TO WHICH THE
16 COMMISSION OR ANY MEMBER THEREOF IS EMPOWERED TO MAKE A
17 DETERMINATION UNDER THIS SUBCHAPTER.
18 (7) ESTABLISH A RESEARCH AND DEVELOPMENT PROGRAM WITHIN
19 THE COMMISSION FOR THE PURPOSE OF:
20 (I) SERVING AS A CLEARINGHOUSE AND INFORMATION
21 CENTER FOR THE COLLECTION, PREPARATION AND DISSEMINATION
22 OF INFORMATION ON COMMONWEALTH SENTENCING AND PAROLE
23 PRACTICES.
24 (II) ASSISTING AND SERVING IN A CONSULTING CAPACITY
25 TO THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE, STATE
26 COURTS, DEPARTMENTS AND AGENCIES IN THE DEVELOPMENT,
27 MAINTENANCE AND COORDINATION OF SOUND SENTENCING
28 PRACTICES.
29 (8) COLLECT SYSTEMATICALLY THE DATA OBTAINED FROM
30 STUDIES, RESEARCH AND THE EMPIRICAL EXPERIENCE OF PUBLIC AND
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1 PRIVATE AGENCIES CONCERNING THE SENTENCING PROCESSES.
2 (9) PUBLISH DATA CONCERNING THE SENTENCING AND PAROLE
3 PROCESSES.
4 (10) COLLECT SYSTEMATICALLY AND DISSEMINATE INFORMATION
5 CONCERNING PAROLE DISPOSITIONS AND SENTENCES ACTUALLY
6 IMPOSED.
7 (11) COLLECT SYSTEMATICALLY AND DISSEMINATE INFORMATION
8 REGARDING EFFECTIVENESS OF PAROLE DISPOSITIONS AND SENTENCES
9 IMPOSED.
10 (12) MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY
11 CONCERNING MODIFICATION OR ENACTMENT OF SENTENCING, PAROLE
12 AND CORRECTIONAL STATUTES WHICH THE COMMISSION FINDS TO BE
13 NECESSARY AND ADVISABLE TO CARRY OUT AN EFFECTIVE, HUMANE AND
14 RATIONAL SENTENCING AND PAROLE POLICY.
15 (13) ESTABLISH A PLAN AND TIMETABLE TO COLLECT AND
16 DISSEMINATE INFORMATION RELATING TO INCAPACITATION,
17 RECIDIVISM, DETERRENCE AND OVERALL EFFECTIVENESS OF SENTENCES
18 AND PAROLE DISPOSITIONS IMPOSED.
19 (14) ESTABLISH A PROGRAM TO SYSTEMATICALLY MONITOR
20 COMPLIANCE WITH THE GUIDELINES AND WITH MANDATORY SENTENCING
21 LAWS BY:
22 (I) PROMULGATING FORMS WHICH DOCUMENT THE
23 APPLICATION OF [THE] SENTENCING AND PAROLE GUIDELINES OR
24 MANDATORY SENTENCING LAWS, OR BOTH.
25 (II) REQUIRING THE TIMELY COMPLETION AND SUBMISSION
26 OF SUCH FORMS TO THE COMMISSION.
27 * * *
28 SECTION 1.2. TITLE 42 IS AMENDED BY ADDING SECTIONS TO READ:
29 § 2154.3. ADOPTION OF GUIDELINES FOR STATE PAROLE.
30 (A) ADOPTION.--THE COMMISSION SHALL ADOPT GUIDELINES THAT
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1 SHALL BE CONSIDERED BY THE PENNSYLVANIA BOARD OF PROBATION AND
2 PAROLE OR ANY OTHER PAROLING ENTITY WHEN EXERCISING ITS POWER TO
3 PAROLE AND REPAROLE, COMMITTING AND RECOMMITTING VIOLATIONS OF
4 PAROLE, DISCHARGING FROM PAROLE ALL PERSONS SENTENCED BY A COURT
5 IN THIS COMMONWEALTH TO IMPRISONMENT IN A STATE OR COUNTY PRISON
6 OR PENAL INSTITUTION OF THIS COMMONWEALTH, IMPOSING TERMS AND
7 CONDITIONS OF PAROLE AND REPAROLE AND RESPONDING TO MAJOR AND
8 MINOR VIOLATIONS OF THOSE TERMS AND CONDITIONS. THE GUIDELINES
9 SHALL DO ALL OF THE FOLLOWING:
10 (1) GIVE PRIMARY CONSIDERATION TO THE PROTECTION OF THE
11 PUBLIC AND VICTIM SAFETY.
12 (2) PROVIDE FOR DUE CONSIDERATION TO VICTIM INPUT.
13 (3) BE DESIGNED TO ENCOURAGE INMATES AND PAROLEES TO
14 CONDUCT THEMSELVES IN ACCORDANCE WITH CONDITIONS AND RULES OF
15 CONDUCT SET FORTH BY THE DEPARTMENT OF CORRECTIONS OR OTHER
16 PRISON FACILITIES AND THE PAROLE BOARD.
17 (4) BE DESIGNED TO ENCOURAGE INMATES AND PAROLEES TO
18 PARTICIPATE IN PROGRAMS WITH DEMONSTRATED EFFECTIVENESS IN
19 REDUCING RECIDIVISM, INCLUDING APPROPRIATE DRUG AND ALCOHOL
20 TREATMENT.
21 (5) PROVIDE FOR PRIORITIZATION OF INCARCERATION,
22 REHABILITATION AND OTHER CRIMINAL JUSTICE RESOURCES FOR
23 OFFENDERS POSING THE GREATEST RISK TO PUBLIC SAFETY.
24 (6) BE EVIDENCE-BASED, TAKING INTO ACCOUNT AVAILABLE
25 RESEARCH RELATING TO RISK OF RECIDIVISM, THREAT TO PUBLIC
26 SAFETY, FACTORS FOR SUCCESSFUL REENTRY, USING VALIDATED RISK-
27 ASSESSMENT TOOLS.
28 (B) EFFECTIVE DATE.--THE GUIDELINES ADOPTED UNDER SUBSECTION
29 (A) SHALL BE PUBLISHED BY APRIL 1, 2007, AND SHALL HAVE AN
30 EFFECTIVE DATE OF NO LATER THAN JULY 1, 2007.
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1 § 9755.1. Temporary release from county correctional
2 institution.
3 (a) Conditions permitting release.--
4 (1) When a person has been sentenced to undergo
5 imprisonment in a county correctional institution for a term
6 of less than five years, the court, at the time of sentence
7 or at any time thereafter upon application made therefor, may
8 by order direct the sheriff or chief administrator of the
9 county correctional institution to permit the inmate to leave
10 the jail during necessary and reasonable hours for the
11 purpose of:
12 (i) working at his employment;
13 (ii) conducting his own business or other self-
14 employed occupation, including housekeeping and attending
15 to the needs of family;
16 (iii) seeking employment;
17 (iv) attendance at an educational institution;
18 (v) securing medical treatment; or
19 (vi) such other lawful purposes as the court shall
20 consider necessary and appropriate.
21 (2) The order of court may be rescinded or modified at
22 any time with or without notice to the inmate.
23 (b) Surrender of wages.--When an inmate is employed for
24 wages or salary, the chief administrator of the county
25 correctional institution shall collect the wages or salary or
26 require the inmate to turn over his wages or salary in full when
27 received, and the chief administrator shall deposit the same in
28 a trust checking account and keep a ledger showing the status of
29 the account of each inmate.
30 (c) Liability for board cost.--
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1 (1) An inmate gainfully employed shall be liable for the
2 cost of his board in the county correctional institution as
3 fixed by the county commissioners. If necessarily absent from
4 jail at a meal time, the inmate shall, at his request, be
5 furnished with an adequate nourishing lunch to carry to work.
6 (2) The chief administrator of the county correctional
7 institution shall charge the inmate's account if the inmate
8 has one for such board.
9 (3) If the inmate is gainfully self-employed, the inmate
10 shall pay for such board in default of which his privilege
11 under this section shall be automatically forfeited.
12 (4) If the food in the county correctional institution
13 is furnished directly by the county, the chief administrator
14 of the county correctional institution shall account for and
15 pay over such board payments to the county treasurer.
16 (d) Disbursements from inmate accounts.--By order of the
17 court, the wages or salaries of employed inmates shall be
18 disbursed for the following purposes in the order stated:
19 (1) The board of the inmate.
20 (2) Necessary travel expense to and from work and other
21 incidental expenses of the inmate.
22 (3) Support of the inmate's dependents, if any, the
23 amount to be determined by the court.
24 (4) Payment of docket costs connected with the
25 commitment of the inmate.
26 (5) Payment either in full or ratably of the inmate's
27 obligations acknowledged by him in writing or which have been
28 reduced to judgment.
29 (6) The balance, if any, to the inmate upon discharge.
30 (e) Intercounty custody.--The court may by order authorize
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1 the chief administrator of a county correctional institution to
2 whom an inmate is committed to arrange with the chief
3 administrator of another county correctional institution for the
4 employment of the prisoner in the other's county and while so
5 employed to be in the other's custody but in other respects to
6 be and continue subject to the commitment.
7 SECTION 1.1. SECTION 9762 OF TITLE 42 IS AMENDED TO READ: <--
8 § 9762. SENTENCING PROCEEDING; PLACE OF CONFINEMENT.
9 (A) COMMITMENT.--ALL PERSONS SENTENCED TO TOTAL OR PARTIAL
10 CONFINEMENT FOR:
11 (1) MAXIMUM TERMS OF FIVE OR MORE YEARS SHALL BE
12 COMMITTED TO THE BUREAU OF CORRECTION FOR CONFINEMENT;
13 (2) MAXIMUM TERMS OF [TWO YEARS] ONE YEAR OR MORE BUT
14 LESS THAN FIVE YEARS MAY BE COMMITTED TO THE BUREAU OF
15 CORRECTION FOR CONFINEMENT OR MAY BE COMMITTED TO A COUNTY
16 PRISON WITHIN THE JURISDICTION OF THE COURT[;] IF THE COUNTY
17 COMMISSIONERS OR THE PRISON COMMISSIONER HAS DESIGNATED THE
18 COUNTY PRISON AVAILABLE FOR THE CONFINEMENT OF THE INMATES;
19 AND
20 (3) MAXIMUM TERMS OF LESS THAN [TWO YEARS] ONE YEAR
21 SHALL BE COMMITTED TO A COUNTY PRISON WITHIN THE JURISDICTION
22 OF THE COURT EXCEPT THAT AS FACILITIES BECOME AVAILABLE ON
23 DATES AND IN AREAS DESIGNATED BY THE GOVERNOR IN
24 PROCLAMATIONS DECLARING THE AVAILABILITY OF STATE
25 CORRECTIONAL FACILITIES, SUCH PERSONS MAY BE COMMITTED TO THE
26 BUREAU OF CORRECTION FOR CONFINEMENT.
27 (B) PERIODS OF TIME.--THE PERIODS OF TIME REFERRED TO IN
28 SUBSECTION (A) SHALL MEAN THE ENTIRE CONTINUOUS TERM OF SENTENCE
29 TO WHICH A PERSON IS SUBJECT, NOTWITHSTANDING WHETHER THE LENGTH
30 OF THE SENTENCE IS A RESULT OF ANY OF THE FOLLOWING:
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1 (1) ONE OR MORE SENTENCES.
2 (2) SENTENCES SERVED PURSUANT TO A RESENTENCING FOR A
3 PAROLE VIOLATION.
4 (3) RECOMMITMENT FOR A VIOLATION OF PAROLE.
5 (4) ANY OTHER MANNER OF SENTENCE.
6 SECTION 1.3. SECTION 9762 OF TITLE 42 IS AMENDED TO READ: <--
7 § 9762. SENTENCING PROCEEDING; PLACE OF CONFINEMENT.
8 (A) SENTENCES OR TERMS OF INCARCERATION IMPOSED BEFORE
9 JANUARY 1, 2009.--ALL PERSONS SENTENCED TO TOTAL OR PARTIAL
10 CONFINEMENT BEFORE JANUARY 1, 2009, FOR:
11 (1) MAXIMUM TERMS OF FIVE OR MORE YEARS SHALL BE
12 COMMITTED TO THE [BUREAU OF CORRECTION] DEPARTMENT OF
13 CORRECTIONS FOR CONFINEMENT;
14 (2) MAXIMUM TERMS OF TWO YEARS OR MORE BUT LESS THAN
15 FIVE YEARS MAY BE COMMITTED TO THE [BUREAU OF CORRECTION]
16 DEPARTMENT OF CORRECTIONS FOR CONFINEMENT OR MAY BE COMMITTED
17 TO A COUNTY PRISON WITHIN THE JURISDICTION OF THE COURT;
18 (3) MAXIMUM TERMS OF LESS THAN TWO YEARS SHALL BE
19 COMMITTED TO A COUNTY PRISON WITHIN THE JURISDICTION OF THE
20 COURT EXCEPT THAT AS FACILITIES BECOME AVAILABLE ON DATES AND
21 IN AREAS DESIGNATED BY THE GOVERNOR IN PROCLAMATIONS
22 DECLARING THE AVAILABILITY OF STATE CORRECTIONAL FACILITIES,
23 SUCH PERSONS MAY BE COMMITTED TO THE [BUREAU OF CORRECTION]
24 DEPARTMENT OF CORRECTIONS FOR CONFINEMENT.
25 (B) SENTENCES OR TERMS OF INCARCERATION IMPOSED ON OR AFTER
26 JANUARY 1, 2009.--ALL PERSONS SENTENCED TO TOTAL OR PARTIAL
27 CONFINEMENT ON OR AFTER JANUARY 1, 2009, FOR:
28 (1) MAXIMUM TERMS OF FIVE OR MORE YEARS SHALL BE
29 COMMITTED TO THE DEPARTMENT OF CORRECTIONS FOR CONFINEMENT.
30 (2) MAXIMUM TERMS OF TWO YEARS OR MORE BUT LESS THAN
20050S0506B2245 - 18 -
1 FIVE YEARS SHALL BE COMMITTED TO THE DEPARTMENT OF
2 CORRECTIONS FOR CONFINEMENT, EXCEPT THAT THE PERSON MAY BE
3 CONFINED IN THE COUNTY PRISON WITHIN THE JURISDICTION OF THE
4 COURT IF THAT PRISON DOES NOT EXCEED 110% OF ITS RATED
5 CAPACITY, THE DISTRICT ATTORNEY HAS REQUESTED THAT THE PERSON
6 BE INCARCERATED IN THE COUNTY PRISON, AND THE COURT
7 COMMITTING THE PERSON FOR CONFINEMENT HAS DETERMINED THAT HE
8 SHOULD BE COMMITTED TO THE COUNTY PRISON WITHIN THE
9 JURISDICTION OF THE COURT.
10 (3) MAXIMUM TERMS OF LESS THAN TWO YEARS SHALL BE
11 COMMITTED TO A COUNTY PRISON WITHIN THE JURISDICTION OF THE
12 COURT EXCEPT THAT AS FACILITIES BECOME AVAILABLE ON DATES AND
13 IN AREAS DESIGNATED BY THE GOVERNOR IN PROCLAMATIONS
14 DECLARING THE AVAILABILITY OF STATE CORRECTIONAL FACILITIES,
15 THE PERSONS MAY BE COMMITTED TO THE DEPARTMENT OF CORRECTIONS
16 FOR CONFINEMENT.
17 (C) REIMBURSEMENT.--THE DEPARTMENT OF CORRECTIONS SHALL
18 REIMBURSE THE COUNTIES THE REASONABLE COST OF CONFINEMENT OF
19 PERSONS COMMITTED TO A COUNTY PRISON UNDER SUBSECTION (B)(2),
20 BUT THE REIMBURSEMENT PER PRISONER SHALL NOT EXCEED THE AVERAGE
21 PER PRISONER COST OF CONFINEMENT PAID BY THE COMMONWEALTH FOR
22 THE CONFINEMENT OF PRISONERS IN THE DEPARTMENT OF CORRECTIONS.
23 (D) AGGREGATION.--THE TWO-YEAR AND FIVE-YEAR PERIODS OF TIME
24 REFERRED TO IN SUBSECTIONS (A) AND (B) SHALL MEAN THE ENTIRE
25 CONTINUOUS TERM OF INCARCERATION TO WHICH A PERSON IS SUBJECT,
26 NOTWITHSTANDING WHETHER THE SENTENCE IS THE RESULT OF ANY OF THE
27 FOLLOWING:
28 (1) ONE OR MORE SENTENCES.
29 (2) SENTENCES IMPOSED FOR VIOLATIONS OF PROBATION.
30 (3) SENTENCES TO BE SERVED UPON RECOMMITMENT FOR
20050S0506B2245 - 19 -
1 VIOLATIONS OF PAROLE.
2 (4) ANY OTHER MANNER OF SENTENCE.
3 (E) DATE OF IMPOSITION.--FOR THE PURPOSES OF THIS SECTION,
4 IF A PERSON IS SUBJECT TO MULTIPLE SENTENCES OR TERMS OF
5 INCARCERATION OR ANY COMBINATION THEREOF, THE DATE OF THE LAST
6 SENTENCE IMPOSED OR THE DATE OF RECOMMITMENT, WHICHEVER IS
7 LATER, SHALL DETERMINE THE PLACE OF INCARCERATION AND WHETHER
8 REIMBURSEMENT IS REQUIRED.
9 (F) TRANSFER OF PRISONERS.--NOTHING IN THIS SECTION SHALL
10 PROHIBIT THE TRANSFER OF PRISONERS OTHERWISE AUTHORIZED BY LAW.
11 SECTION 1.2 1.4. TITLE 42 IS AMENDED BY ADDING SECTIONS TO <--
12 READ:
13 § 9775. Parole without board supervision.
14 A sentencing court shall grant parole from a term of
15 imprisonment for less than a maximum period of two years, and,
16 together with all probations except probation as to which
17 supervision is specially ordered by the court as provided for in
18 section 9721 (relating to sentencing generally), parole shall be
19 without supervision by the board.
20 § 9776. Judicial power to release inmates.
21 (a) General rule.--Except as otherwise provided under this
22 chapter OR IF THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE HAS <--
23 EXCLUSIVE PAROLE JURISDICTION, a court of this Commonwealth or
24 other court of record having jurisdiction may, after due
25 hearing, release on parole an inmate in the county correctional
26 institution of that judicial district.
27 (b) Petition required.--No inmate may be paroled under this
28 section except on petition verified by the oath of the inmate or
29 by the inmate's representative and presented and filed in the
30 court in which the inmate was convicted.
20050S0506B2245 - 20 -
1 (c) Hearing.--On presentation of the petition, the court
2 shall fix a day for the hearing. A copy of the petition shall be
3 served on the district attorney and prosecutor in the case at
4 least ten days before the day fixed for the hearing. Proof of
5 service on the district attorney and the prosecutor shall be
6 produced at the hearing.
7 (d) Order.--After the hearing, the court shall make such
8 order as it may deem just and proper. In case the court paroles
9 the inmate, it shall place the inmate in the charge of and under
10 the supervision of a designated probation officer.
11 (e) Recommit.--The court may, on cause shown by the
12 probation officer that the inmate has violated his parole,
13 recommit and reparole the inmate in the same manner and by the
14 same procedure as in the case of the original parole if, in the
15 judgment of the court, there is a reasonable probability that
16 the inmate will benefit by being paroled. The court may also
17 recommit for violation of that parole.
18 (f) Limitation.--
19 (1) Subject to the provisions of paragraph (2), the
20 power of a court to parole an inmate under this section shall
21 extend for a period not to exceed the maximum sentence
22 provided by law for the offense of which the inmate was
23 convicted, regardless of the sentence first imposed upon the <--
24 prisoner.
25 (2) A court may release on parole, on petition to any
26 other court, an inmate committed to a correctional
27 institution by any magisterial district judge and shall have
28 the same power to recommit an inmate paroled under this
29 section.
30 § 9777. Transfer of inmates in need of medical treatment.
20050S0506B2245 - 21 -
1 (a) General rule.--Whenever an inmate is shown to a court of
2 record by due proof that the inmate is seriously ill and that it
3 is necessary to remove the inmate from the correctional
4 institution, the court may:
5 (1) Modify its sentence, impose a suitable sentence or
6 modify the order of confinement for trial, as the case may
7 be.
8 (2) Provide for the confinement or care of the inmate in
9 some other suitable institution where proper medical
10 treatment may be administered.
11 (b) Recommitment.--When an inmate is removed under
12 subsection (a) and recovers from the serious illness, the court
13 shall recommit the inmate to the correctional facility from
14 which the inmate was removed.
15 (c) Penalty.--An inmate who is removed under an order of
16 court pursuant to subsection (a) and escapes commits an offense
17 under 18 Pa.C.S. § 5121(a) (relating to escape).
18 Section 2. Chapter 99 of Title 42 is amended to read:
19 [CHAPTER 99
20 STATE INTERMEDIATE PUNISHMENT
21 Sec.
22 9901. Scope of chapter.
23 9902. Findings and purpose.
24 9903. Definitions.
25 9904. Referral to State intermediate punishment program.
26 9905. Drug offender treatment program.
27 9906. Written guidelines and regulations.
28 9907. Reports.
29 9908. Construction.
30 9909. Evaluation.
20050S0506B2245 - 22 -
1 § 9901. Scope of chapter.
2 This chapter relates to State intermediate punishment.
3 § 9902. Findings and purpose.
4 The General Assembly finds as follows:
5 (1) Many crimes are committed by persons who, because of
6 their addiction to drugs or alcohol, are unable to maintain
7 gainful employment.
8 (2) These persons often commit crimes as a means of
9 obtaining the funds necessary to purchase drugs or alcohol.
10 (3) Many persons commit crimes while under the influence
11 of drugs or alcohol even though they are not addicted to such
12 substances in a clinical sense.
13 (4) Punishing persons who commit crimes is an important
14 aspect of recognizing the harm that criminals visit upon
15 their victims.
16 (5) Many people who commit crimes will be able to become
17 law-abiding, contributing members of society if they are able
18 to obtain treatment for their drug or alcohol addiction or
19 abuse.
20 (6) The purpose of this chapter is to create a program
21 that punishes person who commit crimes, but also provides
22 treatment that offers the opportunity for those persons to
23 address their drug or alcohol addiction or abuse and thereby
24 reduce the incidents of recidivism and enhance public safety.
25 § 9903. Definitions.
26 The following words and phrases when used in this chapter
27 shall have the meanings given to them in this section unless the
28 context clearly indicates otherwise:
29 "Commission." The Pennsylvania Commission on Sentencing.
30 "Community-based therapeutic community." A long-term
20050S0506B2245 - 23 -
1 residential addiction treatment program licensed by the
2 Department of Health to provide addiction treatment services
3 using a therapeutic community model and determined by the
4 Department of Corrections to be qualified to provide addiction
5 treatment to eligible offenders.
6 "Community corrections center." A residential program that
7 is supervised and operated by the Department of Corrections for
8 inmates with prerelease status or who are on parole.
9 "Court." The trial judge exercising sentencing jurisdiction
10 over an eligible offender under this chapter or the president
11 judge if the original trial judge is no longer serving as a
12 judge of the sentencing court.
13 "Defendant." An individual charged with a drug-related
14 offense.
15 "Department." The Department of Corrections of the
16 Commonwealth.
17 "Drug offender treatment program." An individualized
18 treatment program established by the Department of Corrections
19 consisting primarily of drug and alcohol addiction treatment
20 that satisfies the terms and conditions listed in section 9905
21 (relating to drug offender treatment program).
22 "Drug-related offense." A criminal offense for which a
23 defendant is convicted and that the court determines was
24 motivated by the defendant's consumption of or addiction to
25 alcohol or a controlled substance, counterfeit, designer drug,
26 drug, immediate precursor or marihuana, as those terms are
27 defined in the act of April 14, 1972 (P.L.233, No.64), known as
28 The Controlled Substance, Drug, Device and Cosmetic Act.
29 "Eligible offender." Subject to section 9721(a.1) (relating
30 to sentencing generally), a defendant designated by the
20050S0506B2245 - 24 -
1 sentencing court as a person convicted of a drug-related offense
2 who:
3 (1) Has undergone an assessment performed by the
4 Department of Corrections, which assessment has concluded
5 that the defendant is in need of drug and alcohol addiction
6 treatment and would benefit from commitment to a drug
7 offender treatment program and that placement in a drug
8 offender treatment program would be appropriate.
9 (2) Does not demonstrate a history of present or past
10 violent behavior.
11 (3) Would be placed in the custody of the department if
12 not sentenced to State intermediate punishment.
13 (4) Provides written consent permitting release of
14 information pertaining to the defendant's participation in a
15 drug offender treatment program.
16 The term shall not include a defendant who is subject to a
17 sentence the calculation of which includes an enhancement for
18 the use of a deadly weapon, as defined pursuant to law or the
19 sentencing guidelines promulgated by the Pennsylvania Commission
20 on Sentencing, or a defendant who has been convicted of a
21 personal injury crime as defined in section 103 of the act of
22 November 24, 1998 (P.L.882, No.111), known as the Crime Victims
23 Act, or an attempt or conspiracy to commit such a crime or who
24 has been convicted of violating 18 Pa.C.S. § 4302 (relating to
25 incest), 5901 (relating to open lewdness), 6312 (relating to
26 sexual abuse of children), 6318 (relating to unlawful contact
27 with minor) or 6320 (relating to sexual exploitation of
28 children) or Ch. 76 Subch. C (relating to Internet child
29 pornography).
30 "Expulsion." The permanent removal of a participant from a
20050S0506B2245 - 25 -
1 drug offender treatment program.
2 "Group home." A residential program that is contracted out
3 by the Department of Corrections to a private service provider
4 for inmates with prerelease status or who are on parole.
5 "Individualized drug offender treatment plan." An
6 individualized addiction treatment plan within the framework of
7 the drug offender treatment program.
8 "Institutional therapeutic community." A residential drug
9 treatment program in a State correctional institution,
10 accredited as a therapeutic community for treatment of drug and
11 alcohol abuse and addiction by the American Correctional
12 Association or other nationally recognized accreditation
13 organization for therapeutic community drug and alcohol
14 addiction treatment.
15 "Outpatient addiction treatment facility." An addiction
16 treatment facility licensed by the Department of Health and
17 designated by the Department of Corrections as qualified to
18 provide addiction treatment to criminal justice offenders.
19 "Participant." An eligible offender actually sentenced to
20 State intermediate punishment pursuant to section 9721(a)(7)
21 (relating to sentencing generally).
22 "Transitional residence." A residence investigated and
23 approved by the Department of Corrections as appropriate for
24 housing a participant in a drug offender treatment program.
25 § 9904. Referral to State intermediate punishment program.
26 (a) Referral for evaluation.--
27 (1) Prior to imposing a sentence, the court may, upon
28 motion of the Commonwealth and agreement of the defendant,
29 commit a defendant to the custody of the department for the
30 purpose of evaluating whether the defendant would benefit
20050S0506B2245 - 26 -
1 from a drug offender treatment program and whether placement
2 in the drug offender treatment program is appropriate.
3 (2) Upon committing a defendant to the department, the
4 court shall forward to the department:
5 (i) A summary of the offense for which the defendant
6 has been convicted.
7 (ii) Information relating to the defendant's history
8 of delinquency or criminality, including the information
9 maintained by the court pursuant to Chapter 63 (relating
10 to juvenile matters), when available.
11 (iii) Information relating to the defendant's
12 history of drug or alcohol abuse or addiction, when
13 available.
14 (iv) A presentence investigation report, when
15 available.
16 (v) Any other information the court deems relevant
17 to assist the department with its assessment of the
18 defendant.
19 (b) Assessment of addiction.--
20 (1) The department shall conduct an assessment of the
21 addiction and other treatment needs of a defendant and
22 determine whether the defendant would benefit from a drug
23 offender treatment program. The assessment shall be conducted
24 using a nationally recognized assessment instrument or an
25 instrument that has been normed and validated on the
26 department's inmate population by a recognized expert in such
27 matters. The assessment instrument shall be administered by
28 persons skilled in the treatment of drug and alcohol
29 addiction and trained to conduct assessments. The assessments
30 shall be reviewed and approved by a supervisor with at least
20050S0506B2245 - 27 -
1 three years of experience providing drug and alcohol
2 counseling services.
3 (2) The department shall conduct risk and other
4 assessments it deems appropriate and shall provide a report
5 of its assessment to the court, the defendant, the attorney
6 for the Commonwealth and the commission within 60 days of the
7 court's commitment of the defendant to the custody of the
8 department.
9 (c) Proposed drug offender treatment program.--If the
10 department in its discretion believes a defendant would benefit
11 from a drug offender treatment program and placement in the drug
12 offender treatment program is appropriate, the department shall
13 provide the court, the defendant, the attorney for the
14 Commonwealth and the commission with a proposed drug offender
15 treatment program detailing the type of treatment proposed.
16 (d) Prerequisites for commitment.--Upon receipt of a
17 recommendation for placement in a drug offender treatment
18 program from the department and agreement of the attorney for
19 the Commonwealth and the defendant, the court may sentence an
20 eligible offender to a period of 24 months of State intermediate
21 punishment if the court finds that:
22 (1) The eligible offender is likely to benefit from
23 State intermediate punishment.
24 (2) Public safety would be enhanced by the eligible
25 offender's participation in State intermediate punishment.
26 (3) Sentencing the eligible offender to State
27 intermediate punishment would not depreciate the seriousness
28 of the offense.
29 (e) Consecutive probation.--Nothing in this chapter shall
30 prohibit the court from sentencing an eligible offender to a
20050S0506B2245 - 28 -
1 consecutive period of probation. The total duration of the
2 sentence may not exceed the maximum term for which the eligible
3 offender could otherwise be sentenced.
4 (f) Applicability and program limitations.--The court may
5 not modify or alter the terms of the department's proposed
6 individualized drug offender treatment plan without the
7 agreement of the department and the attorney for the
8 Commonwealth.
9 (g) Videoconferencing.--The department shall make
10 videoconferencing facilities available to allow the court to
11 conduct proceedings necessary under this section when the
12 eligible offender has been committed to the custody of the
13 department pursuant to subsection (b).
14 § 9905. Drug offender treatment program.
15 (a) Establishment.--The department shall establish and
16 administer a drug offender treatment program as a State
17 intermediate punishment. The program shall be designed to
18 address the individually assessed drug and alcohol abuse and
19 addiction needs of a participant and shall address other issues
20 essential to the participant's successful reintegration into the
21 community, including, but not limited to, educational and
22 employment issues.
23 (b) Duration and components.--Notwithstanding any credit to
24 which the defendant may be entitled under section 9760 (relating
25 to credit for time served), the duration of the drug offender
26 treatment program shall be 24 months and shall include the
27 following:
28 (1) A period in a State correctional institution of not
29 less than seven months. This period shall include:
30 (i) The time during which the defendants are being
20050S0506B2245 - 29 -
1 evaluated by the department under section 9904(b)
2 (relating to referral to State intermediate punishment
3 program).
4 (ii) Following evaluation under subparagraph (i),
5 not less than four months shall be in an institutional
6 therapeutic community.
7 (2) A period of treatment in a community-based
8 therapeutic community of at least two months.
9 (3) A period of at least six months' treatment through
10 an outpatient addiction treatment facility. During the
11 outpatient addiction treatment period of the drug offender
12 treatment program, the participant may be housed in a
13 community corrections center or group home or placed in an
14 approved transitional residence. The participant must comply
15 with any conditions established by the department regardless
16 of where the participant resides during the outpatient
17 addiction treatment portion of the drug offender treatment
18 program.
19 (4) A period of supervised reintegration into the
20 community for the balance of the drug offender treatment
21 program, during which the participant shall continue to be
22 supervised by the department and comply with any conditions
23 imposed by the department.
24 (c) Program management.--
25 (1) Consistent with the minimum time requirements set
26 forth in subsection (b), the department may transfer, at its
27 discretion, a participant between a State correctional
28 institution, an institutional therapeutic community, a
29 community-based therapeutic community, an outpatient
30 addiction treatment program and an approved transitional
20050S0506B2245 - 30 -
1 residence. The department may also transfer a participant
2 back and forth between less restrictive and more restrictive
3 settings based upon the participant's progress or regression
4 in treatment or for medical, disciplinary or other
5 administrative reasons.
6 (2) This subsection shall be construed to provide the
7 department with the maximum flexibility to administer the
8 drug offender treatment program both as a whole and for
9 individual participants.
10 (d) Right of refusal to admit.--The administrator of a
11 community-based therapeutic community or outpatient addiction
12 treatment facility may refuse to accept a participant whom the
13 administrator deems to be inappropriate for admission and may
14 immediately discharge to the custody of the department any
15 participant who fails to comply with facility rules and
16 treatment expectations or refuses to constructively engage in
17 the treatment process.
18 (e) Notice to court of completion of program.--When the
19 department determines that a participant has successfully
20 completed the drug offender treatment program, it shall notify
21 the sentencing court, the attorney for the Commonwealth and the
22 commission.
23 (f) Expulsion from program.--
24 (1) A participant may be expelled from the drug offender
25 treatment program at any time in accordance with guidelines
26 established by the department, including failure to comply
27 with administrative or disciplinary procedures or
28 requirements set forth by the department.
29 (2) The department shall promptly notify the court, the
30 defendant, the attorney for the Commonwealth and the
20050S0506B2245 - 31 -
1 commission of the expulsion of a participant from the drug
2 offender treatment program and the reason for such expulsion.
3 The participant shall be housed in a State correctional
4 institution or county jail pending action by the court.
5 (3) The court shall schedule a prompt State intermediate
6 punishment revocation hearing pursuant to section 9774
7 (relating to revocation of State intermediate punishment
8 sentence).
9 § 9906. Written guidelines and regulations.
10 The department shall develop written guidelines for
11 participant selection criteria and the establishment of drug
12 offender treatment program selection committees within each
13 diagnostic and classification center of the department and shall
14 address suspensions and expulsions from the drug offender
15 treatment program. The guidelines shall not be subject to the
16 act of June 25, 1982 (P.L.633, No.181), known as the Regulatory
17 Review Act, and shall be effective for a period of two years
18 upon publication in the Pennsylvania Bulletin. The guidelines
19 shall be replaced by regulations promulgated by the department
20 consistent with the Regulatory Review Act within the two-year
21 period during which the guidelines are effective. The
22 regulations shall include a requirement that community-based
23 therapeutic communities utilized in the drug offender treatment
24 program be accredited as a therapeutic community for treatment
25 of drug and alcohol abuse and addiction by the Commission on
26 Accreditation of Rehabilitation Facilities or other nationally
27 recognized accreditation organization for community-based
28 therapeutic communities for drug and alcohol addiction
29 treatment.
30 § 9907. Reports.
20050S0506B2245 - 32 -
1 (a) Final report.--The department shall provide a final
2 report to the court, the defendant, the attorney for the
3 Commonwealth and the commission on a participant's progress in
4 the drug offender treatment program.
5 (b) Evaluation and report to General Assembly.--The
6 department and the commission shall monitor and evaluate the
7 drug offender treatment program to ensure that the programmatic
8 objectives are met. In odd-numbered years, the department shall
9 present a report of its evaluation to the Judiciary Committee of
10 the Senate and the Judiciary Committee of the House of
11 Representatives no later than February 1. In even-numbered
12 years, the commission shall present a report of its evaluation
13 to the Judiciary Committee of the Senate and the Judiciary
14 Committee of the House of Representatives no later than February
15 1. The report shall include:
16 (1) The number of offenders evaluated for the drug
17 offender treatment program.
18 (2) The number of offenders sentenced to the drug
19 offender treatment program.
20 (3) The number of offenders sentenced to a State
21 correctional institution who may have been eligible for the
22 drug offender treatment program.
23 (4) The number of offenders successfully completing the
24 drug offender treatment program.
25 (5) The six-month, one-year, three-year and five-year
26 recidivism rates for offenders who have completed the drug
27 offender treatment program and for a comparison group of
28 offenders who were not placed in the drug offender treatment
29 program.
30 (6) Any changes the department or the commission
20050S0506B2245 - 33 -
1 believes will make the drug offender treatment program more
2 effective.
3 § 9908. Construction.
4 Notwithstanding any other provision of law to the contrary,
5 this chapter shall not be construed to:
6 (1) Confer any legal right upon any individual,
7 including an individual participating in the drug offender
8 treatment program, to:
9 (i) participate in a drug offender treatment
10 program;
11 (ii) continue participation in a drug offender
12 treatment program;
13 (iii) modify the contents of the drug offender
14 treatment program; or
15 (iv) file any cause of action in any court
16 challenging the department's determination that a
17 participant be suspended or expelled from or that a
18 participant has successfully completed or failed to
19 successfully complete treatment to be provided during any
20 portion of a drug offender treatment program.
21 (2) Enlarge or limit the right of a participant to
22 appeal the participant's sentence.
23 § 9909. Evaluation.
24 The department and the commission shall monitor and evaluate
25 the motivational boot camp program under the act of December 19,
26 1990 (P.L.1391, No.215), known as the Motivational Boot Camp
27 Act, to ensure that the programmatic objectives are met. In
28 even-numbered years, the department shall present a report of
29 its evaluation to the Judiciary Committee of the Senate and the
30 Judiciary Committee of the House of Representatives no later
20050S0506B2245 - 34 -
1 than February 1. In odd-numbered years, the commission shall
2 present a report of its evaluation to the Judiciary Committee of
3 the Senate and the Judiciary Committee of the House of
4 Representatives no later than February 1.]
5 Section 3. Title 42 is amended by adding a chapter to read:
6 CHAPTER 99
7 OTHER CRIMINAL PROVISIONS
8 Subchapter
9 A. County Probation Officers
10 SUBCHAPTER A
11 COUNTY PROBATION OFFICERS
12 Sec.
13 9911. Definitions.
14 9912. Supervisory relationship to offenders.
15 9913. Peace officer power for probation officers.
16 § 9911. Definitions.
17 The following words and phrases when used in this subchapter
18 shall have the meanings given in this section unless the context
19 clearly indicates otherwise:
20 "ARD." Accelerated Rehabilitative Disposition.
21 "Conditions of supervision." Any terms or conditions of an
22 offender's supervision whether imposed by the court or an
23 officer, including compliance with all requirements of Federal,
24 State and local law.
25 "Contraband." Any item that an offender is not permitted to
26 possess under the conditions of supervision, including any item
27 whose possession is forbidden by any Federal, State or local
28 law.
29 "Court." The court of common pleas or any judge thereof, the
30 Philadelphia Municipal Court or any judge thereof, the
20050S0506B2245 - 35 -
1 Pittsburgh Magistrates Court or any judge thereof or any
2 magisterial district judge.
3 "Exigent circumstances." The term includes, but is not
4 limited to, suspicion that contraband or other evidence of
5 violations of the conditions of supervision might be destroyed
6 or suspicion that a weapon might be used. Exigent circumstances
7 always exist with respect to a vehicle.
8 "Offender." A person released on county probation,
9 intermediate punishment or county parole. The term shall not
10 include any person serving a period of probation pursuant to
11 Accelerated Rehabilitative Disposition, except as authorized
12 under section 6362(b) (relating to supervisory relationship to <--
13 offenders) (RELATING TO DISPOSITION OF RESIDENT CHILD RECEIVED <--
14 FROM ANOTHER STATE) 9912(B) (RELATING TO SUPERVISORY <--
15 RELATIONSHIP TO OFFENDERS).
16 "Officer." A probation or parole officer appointed or
17 employed by any court or by any county department of probation
18 and parole to supervise persons released on county probation or
19 parole.
20 "Personal search." A warrantless search of an offender's
21 person, including, but not limited to, the offender's clothing
22 and any personal property which is in the possession, within the
23 reach or under the control of the offender.
24 "Property search." A warrantless search of real property,
25 vehicle or personal property which is in the possession or under
26 the control of an offender.
27 "Real property." Any residence or business property of an
28 offender, including all portions of the property to which the
29 offender has access.
30 "Supervisor." An individual acting in a supervisory or
20050S0506B2245 - 36 -
1 administrative capacity.
2 § 9912. Supervisory relationship to offenders.
3 (a) General rule.--Officers are in a supervisory
4 relationship with their offenders. The purpose of this
5 supervision is to assist the offenders in their rehabilitation
6 and reassimilation into the community and to protect the public.
7 (b) Searches and seizures authorized.--
8 (1) Officers and, where they are responsible for the
9 supervision of county offenders, State parole agents may
10 search the person and property of offenders in accordance
11 with the provisions of this section.
12 (2) (i) Officers may search, in accordance with the
13 provisions of this section, the person and property of
14 any offender who accepts ARD as a result of a charge of a
15 violation of 18 Pa.C.S. Ch. 31 (relating to sexual
16 offenses) if the court has determined that the offender
17 shall be subject to personal and property searches as a
18 condition of the offender's participation in the ARD
19 program.
20 (ii) The court shall notify each offender so offered
21 ARD, prior to admission to an ARD program, that the
22 offender shall be subject to searches in accordance with
23 this section.
24 (iii) Nothing in this section shall be construed to
25 permit searches or seizures in violation of the
26 Constitution of the United States or section 8 of Article
27 I of the Constitution of Pennsylvania.
28 (c) Effect of violation.--No violation of this section shall
29 constitute an independent ground for suppression of evidence in
30 any probation and parole or criminal proceeding.
20050S0506B2245 - 37 -
1 (d) Grounds for personal search.--
2 (1) A personal search of an offender may be conducted by
3 an officer:
4 (i) if there is a reasonable suspicion to believe
5 that the offender possesses contraband or other evidence
6 of violations of the conditions of supervision;
7 (ii) when an offender is transported or taken into
8 custody; or
9 (iii) upon an offender entering or leaving the
10 securing enclosure of a correctional institution, jail or
11 detention facility.
12 (2) A property search may be conducted by an officer if
13 there is reasonable suspicion to believe that the real or
14 other property in the possession of or under the control of
15 the offender contains contraband or other evidence of
16 violations of the conditions of supervision.
17 (3) Prior approval of a supervisor shall be obtained for
18 a property search absent exigent circumstances. No prior
19 approval shall be required for a personal search.
20 (4) A written report of every property search conducted
21 without prior approval shall be prepared by the officer who
22 conducted the search and filed in the offender's case record.
23 The exigent circumstances shall be stated in the report.
24 (5) The offender may be detained if he is present during
25 a property search. If the offender is not present during a
26 property search, the officer in charge of the search shall
27 make a reasonable effort to provide the offender with notice
28 of the search, including a list of the items seized, after
29 the search is completed.
30 (6) The existence of reasonable suspicion to search
20050S0506B2245 - 38 -
1 shall be determined in accordance with constitutional search
2 and seizure provisions as applied by judicial decision. In
3 accordance with such case law, the following factors, where
4 applicable, may be taken into account:
5 (i) The observations of officers.
6 (ii) Information provided by others.
7 (iii) The activities of the offender.
8 (iv) Information provided by the offender.
9 (v) The experience of the officers with the
10 offender.
11 (vi) The experience of officers in similar
12 circumstances.
13 (vii) The prior criminal and supervisory history of
14 the offender.
15 (viii) The need to verify compliance with the
16 conditions of supervision.
17 (e) Nonresident offenders.--No officer shall conduct a
18 personal or property search of an offender who is residing in a
19 foreign state except for the limited purposes permitted under
20 the Interstate Compact for the Supervision of Parolees and
21 Probationers. The offender is held accountable to the rules of
22 both the sending state and the receiving state. Any personal or
23 property search of an offender residing in another state shall
24 be conducted by an officer of the receiving state.
25 (f) When authority is effective.--The authority granted to
26 the officers under this section shall be effective upon
27 enactment of this section, without the necessity of any further
28 regulation by the board.
29 § 9913. Peace officer power for probation officers.
30 An officer is declared to be a peace officer and shall have
20050S0506B2245 - 39 -
1 police powers and authority throughout this Commonwealth to
2 arrest with or without warrant, writ, rule or process any person
3 on probation, intermediate punishment or parole under the
4 supervision of the court for failing to report as required by
5 the terms of that person's probation, intermediate punishment or
6 parole or for any other violation of that person's probation,
7 intermediate punishment or parole.
8 Section 4. The heading of Title 61 is amended and the title
9 is amended by adding parts to read:
10 TITLE 61
11 [PENAL AND CORRECTIONAL INSTITUTIONS]
12 PRISONS AND PAROLE
13 PART I
14 GENERAL PROVISIONS
15 Chapter
16 1. Preliminary Provisions
17 CHAPTER 1
18 PRELIMINARY PROVISIONS
19 Sec.
20 101. Short title of title.
21 102. Definitions.
22 § 101. Short title of title.
23 This title shall be known and may be cited as the Prisons and
24 Parole Code.
25 § 102. Definitions.
26 The following words and phrases when used in this title shall
27 have the meanings given to them in this section unless the
28 context clearly indicates otherwise:
29 "Board." The Pennsylvania Board of Probation and Parole.
30 "Chief administrator." The warden, superintendent or other
20050S0506B2245 - 40 -
1 officer in charge of a correctional institution.
2 "Correctional institution." A State correctional institution
3 or a county correctional institution.
4 "Corrections officer." A person employed at a correctional
5 institution to provide any security or custodial service for
6 inmates.
7 "County correctional institution." A correctional facility,
8 prison or jail owned or operated by a county.
9 "Department." The Department of Corrections of the
10 Commonwealth.
11 "Inmate." A person committed to a term of imprisonment or
12 otherwise confined under the custody of the Commonwealth or a
13 county in a correctional institution in accordance with law.
14 "Secretary." The Secretary of Corrections of the
15 Commonwealth.
16 "State correctional institution." A correctional facility,
17 prison or jail owned or operated by the Commonwealth.
18 PART II
19 CORRECTIONAL INSTITUTIONS
20 Chapter
21 11. General Administration
22 13. (Reserved)
23 15. (Reserved)
24 17. County Correctional Institutions
25 CHAPTER 11
26 GENERAL ADMINISTRATION
27 Subchapter
28 A. Penal Operations and Procedures
29 B. Inmate Transfers
30 C. Escaped Inmates
20050S0506B2245 - 41 -
1 SUBCHAPTER A
2 PENAL OPERATIONS AND PROCEDURES
3 Sec.
4 1101. Benefits to injured employees of State correctional
5 institutions.
6 1102. Correctional facility for criminological diagnosis.
7 1103. Recording system for identification of criminal
8 offenders.
9 § 1101. Benefits to injured employees of State correctional
10 institutions.
11 (a) General rule.--An employee of a State correctional
12 institution who is injured during the course of that employment
13 by an act of an inmate or by any person who has been committed
14 to the State correctional institution by any court of the
15 Commonwealth or by any provision of the act of July 9, 1976
16 (P.L.817, No.143), known as the Mental Health Procedures Act,
17 shall be paid by the Commonwealth the employee's full salary
18 until the disability arising from the injury no longer prevents
19 the employee's return as an employee of the department at a
20 salary equal to that earned by the employee at the time of the
21 injury.
22 (b) Medical and hospital expenses.--All medical and hospital
23 expenses incurred in connection with an injury described in
24 subsection (a) shall be paid by the Commonwealth until the
25 disability arising from the injury no longer prevents the
26 employee's return as an employee of the department at a salary
27 equal to that earned by the employee at the time of the injury.
28 (c) Workers' compensation.--During the time salary for an
29 injury described in subsection (a) shall be paid by the
30 Commonwealth, any workers' compensation received or collected
20050S0506B2245 - 42 -
1 for the period shall be turned over to the Commonwealth and paid
2 into the General Fund. If such payment is not made, the amount
3 due the Commonwealth shall be deducted from any salary then or
4 thereafter becoming due and owing to the employee.
5 (d) Survivor benefits.--
6 (1) The surviving spouse and minor dependents of an
7 employee who dies within one year as a result of an injury
8 described in subsection (a) shall be paid benefits equal to
9 50% of the full salary of the deceased employee.
10 (2) (i) When a surviving spouse and minor dependents
11 not in the custody of the surviving spouse are entitled
12 to payments, 50% of the payments shall be paid to the
13 surviving spouse and 50% to the dependents.
14 (ii) In every case the amount payable to minor
15 dependents shall be divided equally among them and be
16 paid to the persons or institutions having custody of
17 them.
18 (3) (i) In the case of a surviving spouse or a
19 surviving spouse with minor dependents in the custody of
20 the surviving spouse, the benefits shall terminate when
21 the surviving spouse remarries.
22 (ii) In the case of minor dependents, except when in
23 the custody of a remarried surviving spouse, the benefits
24 shall terminate when all of the minor dependents become
25 18 years of age.
26 (iii) Neither a surviving spouse nor minor
27 dependents shall receive any benefits under this section
28 while receiving benefits under the Social Security Act
29 (49 Stat. 620, 42 U.S.C. § 301 et seq.).
30 (4) The benefits provided under this subsection shall be
20050S0506B2245 - 43 -
1 reduced by the amount of any workers' compensation benefits
2 received or collected by the surviving spouse or minor
3 dependents because of the same injury.
4 (5) Payments for the benefit of minor dependents shall
5 be made to the person having legal custody of them.
6 (e) Effect of injury on leave of absence.--No absence from
7 duty of any State employee to whom this section applies by
8 reason of any injury described in subsection (a) shall in any
9 manner be deducted from any period of leave allowed the employee
10 by law or by regulation.
11 § 1102. Correctional facility for criminological diagnosis.
12 (a) Establishment.--There is hereby established a
13 correctional facility for criminological diagnosis,
14 classification, social and psychological treatment and research,
15 medical treatment and staff training.
16 (b) Operation and management.--The department shall operate
17 and manage the correctional facility established under this
18 section, including staff training and the treatment, care,
19 maintenance, employment and rehabilitation of the inmates in
20 that facility.
21 § 1103. Recording system for identification of criminal
22 offenders.
23 (a) General rule.--The Pennsylvania State Police shall
24 continue to procure and file for record photographs, pictures,
25 descriptions, fingerprints and such other information pertaining
26 to all persons who have been convicted of a criminal offense
27 within this Commonwealth and also of all well-known and habitual
28 criminal offenders, wherever they may be procured.
29 (b) Cooperation from chief administrators.--Chief
30 administrators of correctional facilities shall furnish to the
20050S0506B2245 - 44 -
1 Pennsylvania State Police, upon request, the fingerprints,
2 photographs and description of any inmate.
3 (c) Fingerprinting and photographing authorized.--
4 (1) The Pennsylvania State Police, chief administrators
5 of correctional facilities and all police officers within the
6 several political subdivisions of this Commonwealth may take
7 or cause to be taken the fingerprints or photographs of any
8 person in custody, charged with the commission of a criminal
9 offense or reasonably believed to be a fugitive from justice
10 or a habitual criminal. This paragraph shall not apply to
11 persons charged with a violation of 75 Pa.C.S. (relating to
12 vehicles) which is punishable upon conviction in a summary
13 proceeding unless the person is reasonably believed to be a
14 fugitive from justice or a habitual criminal.
15 (2) The chiefs of law enforcement bureaus of all cities
16 within this Commonwealth shall furnish daily to the
17 Pennsylvania State Police copies of the fingerprints and, if
18 possible, photographs of any person arrested within their
19 jurisdiction charged with the commission of a criminal
20 offense classified as a felony of any degree, or who is
21 reasonably believed to be a fugitive from justice or a
22 habitual criminal. Such fingerprints shall be taken on forms
23 furnished or approved by the Pennsylvania State Police.
24 (3) The Pennsylvania State Police immediately upon the
25 receipt of records under this subsection shall compare them
26 with those already in their files and, if they find that any
27 person arrested has a previous criminal record or is a
28 fugitive from justice, shall immediately inform the arresting
29 officer or the officer having the inmate in charge of that
30 fact.
20050S0506B2245 - 45 -
1 (d) Cooperation outside this Commonwealth.--The Pennsylvania
2 State Police shall cooperate with agencies of other states and
3 of the United States having similar powers to develop and carry
4 on a complete interstate, national and international system of
5 criminal identification and investigation and also to furnish,
6 upon request, any information in its possession concerning any
7 person charged with a criminal offense to any court, district
8 attorney or police officer of this Commonwealth, another state
9 or the United States.
10 (e) District attorneys may employ experts.--
11 (1) District attorneys may employ experts on
12 fingerprints to assist them in the investigation of pending
13 cases and to testify at the trial thereof. The compensation
14 of any such expert shall be fixed by the district attorney
15 employing the expert, with the approval of the court of
16 common pleas, and shall be paid from the county treasury upon
17 warrant of the county commissioners in the usual manner.
18 (2) The district attorney of any county, the chief
19 administrator of a county correctional institution, any
20 expert employed by the district attorney or any other person
21 designated by the district attorney may, upon the written
22 order of the district attorney, take the fingerprints of any
23 person confined in the county correctional institution for
24 use in the identification of the inmate or for the inmate's
25 trial.
26 (3) (i) The district attorneys of the several counties
27 shall keep and arrange files of the fingerprints, taken
28 under this section, of persons convicted of a criminal
29 offense and shall destroy the fingerprints of all persons
30 acquitted.
20050S0506B2245 - 46 -
1 (ii) The files of fingerprints maintained by the
2 district attorneys shall be open to the inspection of any
3 other district attorney of this Commonwealth, or their
4 representatives, or of the Pennsylvania State Police or
5 any sheriff or law enforcement officer.
6 (f) Penalty.--
7 (1) Neglect or refusal of any person mentioned in this
8 section to make the report required in this section, or to do
9 or perform any other act required to be done or performed in
10 connection with the operation of this section, shall
11 constitute a summary offense.
12 (2) Such neglect or refusal shall also constitute
13 malfeasance in office and subject such person to removal from
14 office.
15 (3) Any person who removes, destroys or mutilates any of
16 the records of the Pennsylvania State Police or of any
17 district attorney shall be guilty of a misdemeanor of the
18 third degree.
19 SUBCHAPTER B
20 INMATE TRANSFERS
21 Sec.
22 1151. General transfer authorization.
23 1152. Transfers to department.
24 1153. Expense of removing certain inmates.
25 1154. Law enforcement use of county correctional institutions.
26 § 1151. General transfer authorization.
27 (a) County to State.--At the request of the chief
28 administrator of a county correctional institution, the
29 secretary or his designee may transfer inmates located in a
30 county correctional institution to the State correctional
20050S0506B2245 - 47 -
1 institution system for such reasons and upon such terms and
2 conditions as the secretary may determine. The secretary or his
3 designee may transfer inmates in the State correctional
4 institution system to the jurisdiction of a county correctional
5 institution system upon such terms and conditions that the
6 secretary or his designee and the chief administrator of the
7 county correctional institution determine to be in the best
8 interests of the Commonwealth.
9 (b) County to county.--An inmate located in a county
10 correctional institution may be transferred to another county
11 correctional institution upon such terms and conditions as the
12 counties may determine.
13 (c) Federal to county or State.--The department and county
14 correctional institutions may contract with the Federal
15 Government for the housing of Federal inmates in correctional
16 facilities.
17 (D) TEMPORARY TRANSFERS.--THE FOLLOWING SHALL APPLY TO <--
18 TEMPORARY TRANSFERS:
19 (1) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II), THE <--
20 STATE CORRECTIONAL SYSTEM SHALL TRANSFER AN INMATE
21 CONFINED IN THE STATE CORRECTIONAL SYSTEM TEMPORARILY TO
22 A STATE CORRECTIONAL INSTITUTION LOCATED NEAREST TO THE
23 LOCATION OF THE JUDICIAL PROCEEDING.
24 (1) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II), THE <--
25 STATE CORRECTIONAL SYSTEM SHALL TRANSFER AN INMATE
26 CONFINED IN A STATE CORRECTIONAL SYSTEM TEMPORARILY TO A
27 STATE CORRECTIONAL INSTITUTION OF AN APPROPRIATE SECURITY
28 LEVEL FOR THE PARTICULAR INMATE TO BE TRANSFERRED THAT IS
29 LOCATED NEAREST TO THE LOCATION OF THE JUDICIAL
30 PROCEEDING. THE DEPARTMENT OF CORRECTIONS SHALL HAVE THE
20050S0506B2245 - 48 -
1 DISCRETION TO SELECT ALTERNATIVE AND REASONABLY
2 ACCESSIBLE STATE CORRECTIONAL INSTITUTIONS DUE TO
3 UNANTICIPATED BED SPACE LIMITATIONS IN THE NEAREST STATE
4 CORRECTIONAL INSTITUTION.
5 (II) IN COUNTIES OF THE FIRST AND SECOND CLASS THE
6 DEPARTMENT OF CORRECTIONS MAY DESIGNATE REASONABLY
7 ACCESSIBLE ALTERNATIVE FACILITIES THAT ARE LOCATED NO
8 MORE THAN 100 MILES FROM THE LOCATION OF THE JUDICIAL
9 PROCEEDING.
10 (2) THE DEPARTMENT OF CORRECTIONS SHALL NOT BE REQUIRED
11 TO TEMPORARILY TRANSFER ANY INMATE UNDER THIS SUBSECTION
12 UNLESS ALL OF THE FOLLOWING APPLY:
13 (I) A COURT OF THE COMMONWEALTH, INCLUDING A COURT
14 OF COMMON PLEAS, HAS ENTERED AN ORDER DIRECTING THE
15 PRESENCE OF THE INMATE FOR A JUDICIAL PROCEEDING.
16 (II) THE COURT HAS FOUND THAT THE INMATE'S PRESENCE
17 IS REQUIRED FOR THE JUDICIAL PROCEEDING AND THAT THE
18 PENNSYLVANIA CONSTITUTION DOES NOT PERMIT THE INMATE'S
19 TESTIMONY OR PARTICIPATION IN THE PROCEEDINGS TO BE
20 CONDUCTED BY VIDEOCONFERENCING TECHNOLOGY.
21 (3) THE DEPARTMENT OF CORRECTIONS MAY ESTABLISH
22 REASONABLE REGULATIONS FOR THE IMPLEMENTATION OF THIS
23 SUBSECTION IN ACCORDANCE WITH ALL OF THE FOLLOWING:
24 (I) THE DEPARTMENT OF CORRECTIONS MAY REQUIRE NOTICE
25 OF UP TO SEVEN DAYS FOR A TEMPORARY TRANSFER ORDER.
26 (II) THE DEPARTMENT OF CORRECTIONS MAY RETURN AN
27 INMATE TO THE INMATE'S HOME CORRECTIONAL INSTITUTION UPON
28 COMPLETION OF THE JUDICIAL PROCEEDINGS.
29 (III) THE DEPARTMENT OF CORRECTIONS MAY CHOOSE WHICH
30 CORRECTIONAL FACILITY WITHIN 100 MILES OF THE JUDICIAL
20050S0506B2245 - 49 -
1 PROCEEDING LOCATION SHALL SERVE AS THE TEMPORARY TRANSFER
2 FACILITY.
3 (IV) THE DEPARTMENT OF CORRECTIONS MAY REQUIRE THAT
4 THE INMATE BE REMOVED FROM THE STATE CORRECTIONAL
5 FACILITY AND DETAINED IN THE COUNTY PRISON IF THE INMATE
6 HAS BEEN TEMPORARILY TRANSFERRED MORE THAN TWICE IN THE
7 PRECEDING 12 MONTHS OR THE JUDICIAL PROCEEDINGS ARE
8 SCHEDULED FOR MORE THAN ONE WEEK.
9 (V) THE DEPARTMENT OF CORRECTIONS MAY REQUIRE THE <--
10 COUNTY TO PAY THE REASONABLE COST OF TRANSPORTATION
11 BETWEEN STATE CORRECTIONAL FACILITIES IF A COURT OF THAT
12 COUNTY HAS REQUESTED A TEMPORARY TRANSFER UNDER THIS
13 SUBSECTION. THE COUNTY REIMBURSEMENTS FOR TRANSPORTATION
14 COSTS SHALL BE AUTOMATICALLY REAPPROPRIATED TO THE
15 DEPARTMENT OF CORRECTIONS FOR PURPOSES OF PRISONER
16 TRANSPORTATION.
17 § 1152. Transfers to department.
18 (a) Cities of the first class.--Every person sentenced by
19 any court to a county correctional institution situate in a city
20 of the first class shall be committed to the custody of the
21 department, where the department has established a correctional,
22 diagnostic and classification service for persons convicted of
23 any crime.
24 (b) Duty of department.--
25 (1) Every person committed to the custody of the
26 department under subsection (a) shall be confined, diagnosed
27 and classified by the department.
28 (2) Upon the completion of the diagnosis and
29 classification, the person shall be placed in the county
30 correctional institution of the city determined to be most
20050S0506B2245 - 50 -
1 appropriate for the service of sentence.
2 (3) In making the determination under paragraph (2), the
3 department shall consider the problem of rehabilitation,
4 security, adequacy of facilities and such other factors as,
5 in its opinion, will serve to promote the rehabilitation of
6 inmates, consistent with the security and protection of the
7 county.
8 (c) Intradepartmental transfers.--The department may
9 transfer between any correctional institutions under its control
10 or supervision an inmate confined and serving in any of those
11 institutions, whether the sentence is imposed before or after
12 the effective date of this section, if the transfer is, in the
13 opinion of the department, consistent with the standards for
14 original placement set forth in subsection (b).
15 § 1153. Expense of removing certain inmates.
16 The expenses of conveying inmates from the several counties
17 of this Commonwealth to the State correctional institutions in
18 the Eastern Region and Western Region shall be paid by the
19 counties from which the inmates may be sent.
20 § 1154. Law enforcement use of county correctional
21 institutions.
22 (a) General rule.--Sheriffs, constables, members of the
23 Pennsylvania State Police and other persons authorized by the
24 laws of this Commonwealth to make arrests shall have the use,
25 for a period not to exceed 48 hours, of borough and township
26 lockups and county correctional institutions for the detention
27 of persons arrested until they can be disposed of according to
28 law, if found necessary by the officer in charge.
29 (b) Reimbursement.--
30 (1) Boroughs, cities and townships are entitled to
20050S0506B2245 - 51 -
1 receive compensation of not more than $2 per day of 24 hours,
2 for each prisoner detained under subsection (a), from the
3 treasury of the county having jurisdiction over the person
4 detained.
5 (2) This subsection does not apply to counties of the
6 second class.
7 SUBCHAPTER C
8 ESCAPED INMATES
9 Sec.
10 1161. Return of escaped inmates.
11 1162. Escaped inmate costs.
12 1163. Maintenance of escaping inmates under new sentence.
13 1164. Criminal offense during confinement.
14 § 1161. Return of escaped inmates.
15 (a) General rule.--In all cases where an inmate after an
16 escape from a State correctional institution is apprehended or
17 arrested by any officer having authority to make such arrest,
18 the officer shall notify the State correctional institution from
19 which the escape was made. The State correctional institution
20 shall notify the department or the Pennsylvania State Police,
21 who shall immediately send an officer or officers to return the
22 inmate to the State correctional institution.
23 (b) Expenses.--All necessary expenses incurred by the
24 officer or officers in returning an escaped inmate to the State
25 correctional institution shall be borne by the State
26 correctional institution from which the escape was made, which
27 expenses shall be refunded to the county correctional
28 institution or the Pennsylvania State Police whose officer or
29 agent makes the return.
30 § 1162. Escaped inmate costs.
20050S0506B2245 - 52 -
1 (a) County jurisdiction.--
2 (1) The cost of transporting an escaped inmate under the
3 jurisdiction of the county from the place of capture to any
4 county correctional institution after being sentenced for the
5 escape or for the commission of any crime or offense
6 following such escape and before apprehension, the cost of
7 maintenance while confined in the county correctional
8 institution awaiting trial, as well as the costs of the trial
9 for the violation by an inmate under the jurisdiction of the
10 county under 18 Pa.C.S. § 5121 (relating to escape), or of
11 the trial for crimes and offenses committed after the escape
12 and before apprehension, or of the trial for crimes and
13 offenses committed on the grounds or within the buildings of
14 any county correctional institution, as well as the costs
15 incurred in any proceedings on writs of habeas corpus, coram
16 nobis or other petitions arising out of any escape or crime
17 or the trials therefor or in any appeals of any such
18 proceedings or trials shall in each instance be borne and
19 paid by the respective counties of the Commonwealth from
20 whose courts the inmates were originally committed to any
21 county correctional institution.
22 (2) The county liable for costs under this subsection
23 shall, upon bills rendered by the county paying the costs in
24 the first instance, pay to that county the amount of the
25 costs.
26 (b) State jurisdiction.--The cost of transporting escaped
27 inmates under the jurisdiction of the Commonwealth from the
28 place of capture to any State correctional institution after
29 being sentenced for the escape, or for the commission of any
30 criminal offense following the escape and before apprehension,
20050S0506B2245 - 53 -
1 as well as the costs of the trial for escape or breaking away of
2 inmates from any State correctional institution or the violation
3 by the inmates under the jurisdiction of the Commonwealth under
4 18 Pa.C.S. § 5121, or of the trial for crimes and offenses
5 committed after such escape and before apprehension, or of the
6 trial for crimes and offenses committed on the grounds or within
7 the buildings of any State correctional institution, as well as
8 the costs incurred in any proceedings on writs of habeas corpus,
9 coram nobis or other petitions arising out of any escape or
10 criminal offense or the trials therefor, or in any appeals of
11 any such proceedings or trials, shall in each instance be borne
12 and paid by the Commonwealth.
13 (c) Definition.--As used in this section, the term "costs"
14 includes, but is not limited to, charges for court stenographer,
15 district attorney, witness fees, magisterial district judge,
16 clerk of court, public defender and court-appointed attorney.
17 § 1163. Maintenance of escaping inmates under new sentence.
18 (a) County jurisdiction.--In case of conviction and sentence
19 of an escaping inmate under the jurisdiction of the county, the
20 costs of maintenance of the inmates under such new sentence
21 shall be borne by the county from which the inmate was
22 originally committed.
23 (b) State jurisdiction.--In case of conviction and sentence
24 of an escaping inmate under the jurisdiction of the
25 Commonwealth, the costs of maintenance of the inmate under such
26 new sentence shall be borne by the Commonwealth.
27 (c) Additional police expenses.--Any additional police
28 expenses incurred by a political subdivision as a result of the
29 escape of an inmate under the jurisdiction of the Commonwealth
30 shall be borne by the Commonwealth.
20050S0506B2245 - 54 -
1 § 1164. Criminal offense during confinement.
2 Where an inmate is in a State correctional institution either
3 because of the inmate's sentence pursuant to the inmate's
4 conviction or plea of guilty to a criminal charge or because of
5 a commitment issued by any court of the Commonwealth having
6 jurisdiction and, while so confined, the inmate commits a
7 criminal offense and is subsequently convicted or enters a plea
8 of guilty, the expenses of keeping the inmate in any State
9 correctional institution pursuant to such subsequent conviction
10 or plea of guilty shall be borne by the Commonwealth.
11 CHAPTER 13
12 (RESERVED)
13 CHAPTER 15
14 (RESERVED)
15 CHAPTER 17
16 COUNTY CORRECTIONAL INSTITUTIONS
17 Subchapter
18 A. Counties and Cities of the First Class
19 B. County Jail Oversight Board in Counties of the Second
20 Class and Second Class A
21 C. Other Counties
22 D. Alternative Plan for Certain Counties
23 E. Penal Operations and Procedures
24 F. Joint Detention Centers
25 G. Joint Industrial Farms and Workhouses
26 SUBCHAPTER A
27 COUNTIES AND CITIES OF THE FIRST CLASS
28 Sec.
29 1701. Appropriations for improvements, railroad connection
30 and commitments.
20050S0506B2245 - 55 -
1 1702. Arrest of disorderly minors.
2 1703. Commitment of disorderly minors and appeal.
3 1704. Employment of inmates.
4 1705. Punishment for destroying property OFFENSES. <--
5 1706. Supplies and reports.
6 1707. Deficiency in maintenance.
7 1708. Habeas corpus.
8 1709. Extension of powers.
9 1710. Annual statement.
10 1710.1. Name of jail and appointment of inspectors.
11 1710.2. Duties of physician.
12 1710.3. Visitors to have permission in writing.
13 1710.4. Treatment of inmates on discharge.
14 1710.5. County of the first class to supply deficiency in
15 furnishing and maintaining prison.
16 1710.6. Inmates sentenced for less than two years to county
17 prison.
18 1710.7. Coroner of first class county not to hold inquests on
19 convicts, except in certain cases.
20 1710.8. Inspectors to discharge inmates.
21 1710.9. Treatment of inmates convicted of capital offenses.
22 1710.10. Cities of the first class.
23 § 1701. Appropriations for improvements, railroad connection
24 and commitments.
25 Whenever the Board of Trustees of the Philadelphia Prison
26 System shall desire to make any additional permanent improvement
27 or purchase additional ground and shall recommend that the same
28 be done, then the city council of the City of Philadelphia shall
29 make all necessary appropriations asked for by the board for the
30 purposes so recommended. The board of the Philadelphia Prison
20050S0506B2245 - 56 -
1 System shall superintend and direct the erection, completion and
2 furnishing of the buildings during the progress of the work. The
3 board may extend from their property a single track railroad
4 along and over such lands as may intervene between their ground
5 and the Philadelphia and Trenton Railroad Company, and connect
6 therewith, provided the railroad company assents thereto (the
7 distance of the road not to exceed 2,000 yards), and to purchase
8 right-of-way over the land to Philadelphia and Trenton Railroad,
9 and to erect wharves upon their property.
10 § 1702. Arrest of disorderly minors.
11 Upon complaint made on oath to any magisterial district judge
12 against a child who is at least 16 years of age and who resides
13 within a city of the first class by the child's parent or
14 guardian or other person standing to the child in place of a
15 parent as being disorderly, the magisterial district judge shall
16 issue a warrant for the apprehension of the offender and cause
17 the offender to be brought before himself or any other
18 magisterial district judge for examination.
19 § 1703. Commitment of disorderly minors and appeal.
20 If a magisterial district judge is satisfied by competent
21 testimony that a person is a disorderly child within the meaning
22 of this subchapter, he shall make up and sign a record of
23 conviction and shall by warrant commit the person to the
24 Philadelphia Prison System. The powers and duties of the Board
25 of Trustees of the Philadelphia Prison System in relation to the
26 children shall be the same in all things as are prescribed as to
27 other minors received by them. The magisterial district judge,
28 in addition to the record of conviction, shall annex the names
29 and addresses of the different witnesses examined before him and
30 the substance of the testimony given by them, respectively, on
20050S0506B2245 - 57 -
1 which the conviction was founded, provided that any person
2 committed shall have the same right of appeal as is secured by
3 law to persons convicted of criminal offenses, but on such
4 appeal, mere informality in the issuing of any warrant shall not
5 be held to be sufficient cause for granting a discharge.
6 § 1704. Employment of inmates.
7 Every inmate in the custody of the Philadelphia Prison System
8 not disqualified by sickness or casualty shall be employed by
9 the chief administrator in quarrying stone, cultivating the
10 ground, manufacturing such articles as may be needed for the
11 prison, other public institution of the State or city of the
12 first class or for other persons and at such other labor as
13 shall, upon trial, be found to be profitable to the institution
14 and suitable to its proper discipline and the health and
15 capacities of the inmates. The chief administrator may detail
16 such numbers of the inmates as he may regard proper to do the
17 work outside the grounds of the institution for any of the
18 departments or institutions of the city of the first class or
19 for such other persons as may be approved by the board of
20 managers.
21 § 1705. Offenses.
22 (a) Destruction of property.--Any inmate of the Philadelphia
23 Prison System who shall willfully break, destroy or injure any
24 material, machinery, tool, property or thing belonging to the
25 Philadelphia Prison System commits a misdemeanor of the third
26 degree.
27 (b) Escape.--Any inmate of the Philadelphia Prison System
28 who shall escape therefrom shall be charged with the offense of
29 escape set forth in 18 Pa.C.S. § 5121 (relating to escape).
30 § 1706. Supplies and reports.
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1 The prison commissioner shall make a monthly requisition on
2 the Board of Trustees of the Philadelphia Prison System for all
3 articles which the chief administrator shall deem necessary for
4 the institution, and such as shall be approved by them shall be
5 purchased. The prison commissioner shall, once in every month,
6 report to the board of trustees the number of inmates committed,
7 discharged, sick, dead or remaining in the institution and the
8 quality and kind of labor performed. The board of trustees shall
9 transmit annually to the city council a condensed statement of
10 the finances of the institution.
11 § 1707. Deficiency in maintenance.
12 For any deficiency in furnishing, keeping and maintaining the
13 Philadelphia Prison System, in conformity with the provisions of
14 this subchapter, the trustees may apply to the city council for
15 such sum or sums as shall be necessary; and the city council
16 shall appropriate the sum or sums deemed necessary.
17 § 1708. Habeas corpus.
18 Any person committed to the Philadelphia Prison System by any
19 other authority than the court of common pleas of the county of
20 the first class may apply for a writ of habeas corpus to any
21 judge of the court. Upon return of the writ, if the judge deems
22 there is sufficient or reasonable ground for granting the writ,
23 the judge shall enter upon a rehearing of the evidence and
24 either discharge the individual or modify or confirm the
25 commitment.
26 § 1709. Extension of powers.
27 The same power and authority that are given by ordinance of
28 councils or acts of the General Assembly to the guardians of the
29 poor, prison inspectors and managers of the House of Refuge of
30 the City of Philadelphia are hereby extended to the Board of
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1 Trustees of the Philadelphia Prison System.
2 § 1710. Annual statement.
3 The board of trustees shall, on or before the first day of
4 November of each year, submit to council a statement of the sums
5 necessary for the maintenance of the Philadelphia Prison System
6 for the ensuing term.
7 § 1710.1. Name of jail and appointment of inspectors.
8 (a) General rule.--The Philadelphia County Prison shall be
9 managed by a board of inspectors consisting of 12 citizens
10 residing in the City of Philadelphia or County of Philadelphia
11 who shall serve without any pecuniary compensation as follows:
12 (1) Four members shall be appointed by the Mayor,
13 Recorder and Aldermen of the City of Philadelphia.
14 (2) Four members shall be appointed by the judges of the
15 court of common pleas.
16 (3) Four members shall be appointed by the judges of the
17 District Court of the City of Philadelphia and County of
18 Philadelphia.
19 (b) Terms.--The members shall serve for four years or until
20 their successors shall be appointed. In case of vacancy by
21 death, resignation or otherwise, the member shall be supplied by
22 the court who appointed the individual who has caused the
23 vacancy upon notice of such vacancy from the president of the
24 board of inspectors.
25 § 1710.2. Duties of physician.
26 (a) General rule.--The physician shall:
27 (1) Visit the Philadelphia County Prison daily, visit
28 and prescribe for all who are sick and at least once a month
29 visit every inmate confined in the county correctional
30 institution and report monthly in writing to the inspectors
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1 as to the health of the inmates in the county correctional
2 institution.
3 (2) Attend immediately, on notice from the chief
4 administrator, any person that is sick.
5 (3) Examine every person brought into the county
6 correctional institution as an inmate as to the state of the
7 inmate's health.
8 (4) Keep a journal in which a record is maintained of
9 the names of all inmates as they come in and the state of
10 their health and also of all persons confined who may come
11 under the physician's care for medical treatment, together
12 with such remarks as the physician may deem important, which
13 journal shall be open to the inspectors and chief
14 administrator whenever they may require it.
15 (b) Dietary considerations and infirmary cells.--
16 (1) Inmates who are under the care of the physician
17 shall be allowed such diet as the physician shall direct.
18 (2) The inspectors shall appropriate as many cells,
19 together with the infirmary, as they may deem necessary for
20 the special occupation of the sick, and have the cells so
21 fitted up as will best promote the health, convenience and
22 comfort of the inmates.
23 (3) Whenever, in the opinion of the physician, an inmate
24 is so ill as to require removal from the ordinary cells to
25 those appropriated for the sick, the chief administrator
26 shall direct such removal, and the inmate shall be kept there
27 until the physician shall certify that the inmate may be
28 returned to the inmate's former cell without injury to the
29 inmate's health.
30 (4) Should the physician have reason to believe that an
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1 inmate is materially affected by the discipline, treatment or
2 diet, the physician shall, if he thinks proper, order an
3 alteration therein, which order shall be entered on the
4 physician's journal, and a copy thereof furnished to the
5 chief administrator who shall carry the order into effect
6 until the next visit of the visiting inspectors, who shall
7 inquire into the case and confirm or annul the order or refer
8 the same to the board of inspectors.
9 § 1710.3. Visitors to have permission in writing.
10 (a) General rule.--No person shall be permitted to visit the
11 Philadelphia County Prison except:
12 (1) An official visitor specified in subsection (b).
13 (2) A person who has permission in writing from one of
14 the inspectors.
15 (3) An attorney who may be permitted to visit the
16 attorney's client confined for trial, as provided for by law.
17 (b) Designation of official visitors.--The official visitors
18 are:
19 (1) The Governor.
20 (2) The members of the General Assembly.
21 (3) The Secretary of the Commonwealth.
22 (4) The Attorney General.
23 (5) The deputies for the city of the first class and
24 county of the first class.
25 (6) The president and associate judges of the district
26 court of the City of Philadelphia and the County of
27 Philadelphia and the court of common pleas.
28 (7) The grand juries of the county of the first class.
29 (8) Commissioners of the county of the first class.
30 (9) The acting committee of the Philadelphia society for
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1 alleviating the miseries of public prisons or its successor.
2 (10) The mayor and recorder of the City of Philadelphia.
3 (c) Communication prohibited.--
4 (1) Except for the official visitors identified in
5 subsection (b), no person shall have any communication with
6 the inmates except by authority of the board of prison
7 inspectors, who may issue permits to visit an inmate after
8 sentence in their discretion.
9 (2) No visitor may be permitted to deliver or to receive
10 from any inmate any letter or message whatever or to supply
11 an inmate with any article, except such letters or messages
12 to and from inmates confined for trial as may be first
13 submitted or communicated to the chief administrator or one
14 of the inspectors and approved by them, or either of them,
15 under the penalty of a $100 fine, to be recovered as provided
16 for other fines under applicable law.
17 § 1710.4. Treatment of inmates on discharge.
18 (a) Clothing.--When an inmate shall be discharged by the
19 expiration of the term for which the inmate was sentenced or by
20 pardon, the clothes belonging to the Philadelphia County Prison
21 shall be taken off and the clothing belonging to the inmate
22 restored, together with such property, if any, that was taken
23 from the inmate at the time of reception into the county
24 correctional institution, which has not been otherwise legally
25 disposed of.
26 (b) Furnishing of suitable clothing.--If an inmate shall not
27 possess suitable clothing, the inspectors shall provide the
28 inmate with what may in their judgment be necessary. The
29 inspectors and chief administrator may furnish the discharged
30 inmate with a sum of money or clothing not exceeding $5.
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1 § 1710.5. County of the first class to supply deficiency in
2 furnishing and maintaining prison.
3 For any deficiency in keeping, furnishing and maintaining the
4 Philadelphia County Prison, in conformity with the provisions of
5 this chapter, the inspectors are authorized to apply to the
6 commissioners of the county of the first class for such sum or
7 sums as may be necessary or required. If it shall appear
8 reasonable, and that the accounts of the inspectors are properly
9 kept and adjusted, the commissioners of the county of the first
10 class shall draw an order on the treasurer of the county of the
11 first class for such sum or sums as may be necessary to satisfy
12 such demands.
13 § 1710.6. Inmates sentenced for less than two years to county
14 prison.
15 A person who shall be convicted in any court of common pleas
16 in the city of the first class or county of the first class of
17 any crime or offense, the punishment of which would be
18 imprisonment for a period of time under two years, shall be
19 sentenced by the court to imprisonment in the Philadelphia
20 County Prison, by separate or solitary confinement at hard labor
21 for and during the term of the person's sentence and shall be
22 fed, clothed and treated as provided for in this chapter.
23 § 1710.7. Coroner of first class county not to hold inquests on
24 convicts, except in certain cases.
25 (a) General rule.--The coroner of a county of the first
26 class may not hold an inquest on the body of any inmate who dies
27 during confinement in the county prison unless required by the
28 inspectors thereof, except in cases of murder, suicide,
29 manslaughter or death caused by casualties.
30 (b) Physician to give certificate of death of inmate.--The
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1 attending physician of the county prison in a county of the
2 first class shall certify to the inspectors thereof the name and
3 age of any inmate who dies in the county prison, together with
4 the disease or cause of death of the inmate, so far as the
5 attending physician can ascertain the same. The inspectors shall
6 copy the certificate into a book to be kept by them for that
7 purpose. After copying the certificate, the inspector shall send
8 the certificate to the Board of Health of the county, who shall
9 file the certificate. The inspectors shall inter the body of the
10 inmate.
11 § 1710.8. Inspectors to discharge inmates.
12 The board of prison inspectors of a county of the first class
13 may discharge from the county prison any inmate who may have
14 served the inmate's term of imprisonment, in the same manner and
15 upon the same conditions as provided under this title for other
16 county correctional institutions.
17 § 1710.9. Treatment of inmates convicted of capital offenses.
18 The board of prison inspectors of a county of the first class
19 shall treat prisoners sentenced to execution and who are not
20 executed after an imprisonment of six months, as other inmates
21 who are sentenced to confinement and labor.
22 § 1710.10. Cities of the first class.
23 A city of the first class may establish a prison system for
24 the reception and detention of all persons charged with a
25 criminal offense or held as witnesses in any judicial
26 proceeding.
27 SUBCHAPTER B
28 COUNTY JAIL OVERSIGHT BOARD IN
29 COUNTIES OF THE SECOND CLASS
30 AND SECOND CLASS A
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1 Sec.
2 1721. Scope of subchapter.
3 1722. Definitions.
4 1723. County jail oversight board.
5 1724. Powers and duties.
6 1725. Rules and regulations.
7 1726. Warden.
8 1727. Board meetings.
9 1728. Contracts and purchases.
10 § 1721. Scope of subchapter.
11 This subchapter relates to county jail oversight boards in
12 counties of the second class and counties of the second class A.
13 § 1722. Definitions.
14 The following words and phrases when used in this subchapter
15 shall have the meanings given to them in this section unless the
16 context clearly indicates otherwise:
17 "Board." The county jail oversight board of a county.
18 "County." A county of the second class or a county of the
19 second class A.
20 § 1723. County jail oversight board.
21 (a) Establishment.--There is hereby established in each
22 county a county jail oversight board which shall be named the
23 (Name of County) County Jail Oversight Board. The board shall be
24 a continuation of the county prison board originally established
25 under the former act of December 10, 1980 (P.L.1152, No.208),
26 known as the Second Class County Prison Board Act, and the
27 former Article XXX-A of the act of July 28, 1953 (P.L.723,
28 No.230), known as the Second Class County Code.
29 (b) Composition.--The board shall be composed of:
30 (1) The county chief executive.
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1 (2) Two judges of the court of common pleas, one of whom
2 shall be the president judge or his designee who shall be a
3 judge, and one judge appointed by the president judge.
4 (3) The county sheriff.
5 (4) The county controller.
6 (5) The president of county council or his designee.
7 (6) Three citizen members as provided in subsection (c).
8 (c) Qualifications of citizen members.--The citizen members
9 shall not be employees of the county or of the Commonwealth.
10 They shall serve for a term of three years and shall be
11 representative of the broad segments of the county's population
12 and shall include persons whose background and experience
13 indicate that they are qualified to act in the interest of the
14 public. The citizen members shall be appointed by the county
15 chief executive with the consent of county council.
16 § 1724. Powers and duties.
17 (a) General rule.--The board's administrative powers and
18 duties shall include the operation and maintenance of the prison
19 and all alternative housing facilities, the oversight of the
20 health and safekeeping of inmates and the confirmation of the
21 chief executive's selection of a warden.
22 (b) Living conditions.--The board shall insure that the
23 living conditions within the prison and alternative housing
24 facilities are healthful and otherwise adequate.
25 (c) Unannounced inspections.--The board shall, at least
26 twice each year, conduct an unannounced inspection of the
27 prison's physical plant. During such inspections the board shall
28 interview a cross section of inmates, out of the presence of the
29 warden and his agents, to determine the conditions within the
30 prison and alternative housing facilities. After each
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1 inspection, the board shall prepare a written report setting
2 forth its findings and determinations which shall be available
3 for public inspection.
4 (d) Operations to be consistent with law.--The board shall
5 ensure that the prison is being operated in accordance with its
6 regulations and the laws and regulations of this Commonwealth
7 and of the United States.
8 (e) Investigations.--The board shall investigate allegations
9 of inadequate prison conditions and improper practices occurring
10 within the prison and may make such other investigations or
11 reviews of prison operation and maintenance. The books, papers
12 and records of the prison, including, but not limited to, the
13 papers and records of the warden and those relating to
14 individual inmates, shall at all times be available for
15 inspection by the board.
16 § 1725. Rules and regulations.
17 The board shall, in the manner provided by law, promulgate
18 such rules, regulations and forms it deems necessary for the
19 proper administration of the board and for the operation of the
20 prison and alternative housing facilities.
21 § 1726. Warden.
22 (a) Appointment.--
23 (1) The chief executive shall appoint a warden subject
24 to confirmation by the board. The warden shall serve at the
25 pleasure of the chief executive, who shall fix an appropriate
26 salary.
27 (2) The warden shall be a resident of the county six
28 months after the date of appointment.
29 (b) Duty to employ staff.--Subject to approval of the
30 manager, the warden shall employ deputies, assistants and other
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1 personnel required to adequately operate the prison and
2 alternative housing facilities.
3 (c) Duty to report.--
4 (1) The warden shall submit an annual written report to
5 the board which shall contain information on the population,
6 conditions and practices in the prison and other matters as
7 specified by the board. The annual report shall be available
8 for public inspection.
9 (2) The warden shall report to the county chief
10 executive and to the board.
11 § 1727. Board meetings.
12 The board shall meet at least once each month and shall keep
13 regular minutes of its proceedings which shall be open to public
14 inspection.
15 § 1728. Contracts and purchases.
16 All contracts and purchases required for the maintenance and
17 support of the prisoners, repairs and improvements of the prison
18 and alternative housing facilities and materials and supplies
19 shall be conducted in accordance with the applicable provisions
20 of the county administrative code.
21 SUBCHAPTER C
22 OTHER COUNTIES
23 Sec.
24 1731. Establishment.
25 1732. Board meetings.
26 1733. Appointment of warden and employees.
27 1734. Powers of peace officers.
28 1735. Expenditures.
29 1736. Bonding requirement.
30 § 1731. Establishment.
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1 (a) General rule.--
2 (1) In counties of the third, fourth and fifth class,
3 the persons now holding the following offices and their
4 successors in each county of the third, fourth or fifth class
5 shall compose a board to be known as the board of inspectors
6 of the jail or county prison.
7 (2) The following persons shall be members of the board:
8 (i) The president judge of the court of common pleas
9 or a judge designated by him.
10 (ii) The district attorney.
11 (iii) The sheriff.
12 (iv) The controller.
13 (v) The county commissioners.
14 (3) The board and the officers appointed by it shall
15 provide for the safekeeping, discipline and employment of
16 inmates and the government and management of the correctional
17 institution.
18 (4) The duty of the sheriff relating to the safekeeping
19 of inmates shall cease and determine on their committal to
20 the correctional institution, and the sheriff may not be
21 furnished a residence in the correctional institution.
22 (5) Notwithstanding the provisions of paragraph (2), the
23 president judge may choose at any time to delete the judge
24 position from the board by so notifying the chairperson and
25 secretary of the board in writing. The decision to delete
26 this position shall remain in effect for as long as the
27 president judge making the decision shall remain as president
28 judge and thereafter until rescinded in like fashion by a
29 successor.
30 (b) Counties that may elect to be subject to subchapter.--
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1 Any county of the sixth, seventh or eighth class may elect by
2 resolution of the county commissioners to be governed by the
3 provisions of this subchapter.
4 § 1732. Board meetings.
5 (a) Quorum.--A majority of the members of the board shall
6 constitute a quorum for the transaction of business, and all
7 actions of the board shall be by the approval of a majority of
8 all the members of the board.
9 (b) Frequency and nature of meetings.--
10 (1) The board shall meet monthly, or more often if
11 required, and keep regular minutes of their proceedings in a
12 book to be filed with the financial records of the county.
13 The board shall make such rules and regulations for the
14 government and management of the county correctional
15 institution and the safekeeping, discipline and employment of
16 the inmates, as may be deemed necessary.
17 (2) The meetings shall be held at the county
18 correctional institution no less often than quarterly.
19 § 1733. Appointment of warden and employees.
20 The board shall appoint a warden of the county correctional
21 institution. The warden, subject to the approval of the board,
22 may appoint such deputy or deputies, assistant or assistants or
23 corrections officers as may be required in the taking care of
24 the county correctional institution. The number and compensation
25 of such deputies, assistants or corrections officers shall be
26 fixed by the salary board.
27 § 1734. Powers of peace officers.
28 A chief administrator, deputy warden or corrections officer
29 of a county correctional institution may exercise the powers of
30 a peace officer in the performance of that person's duties
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1 generally in:
2 (1) Guarding, protecting and delivering inmates.
3 (2) Protecting the property and interests of the county.
4 (3) Capturing and returning inmates that may have
5 escaped.
6 § 1735. Expenditures.
7 All the expenditures required for the support and maintenance
8 of inmates and the repairs and improvement of the county
9 correctional institution shall be paid from the county treasury
10 by warrants drawn, in the mode prescribed by law, on the regular
11 appropriation for the purpose. No warrant shall be certified by
12 the controller for any expense connected with the county
13 correctional institution unless on vouchers approved by a
14 majority of the board and endorsed by the president and
15 secretary of the board, and all contracts involving an
16 expenditure of funds from the county treasury shall be made in
17 accordance with the procedures set forth in Article XVIII of the
18 act of August 9, 1955 (P.L.323, No.130), known as The County
19 Code.
20 § 1736. Bonding requirement.
21 The chief administrator of a county correctional institution,
22 at the time of appointment, shall give bond, with good and
23 sufficient security to be fixed and approved by the board of
24 inspectors, for the faithful performance of the chief
25 administrator's duty and may at any time be removed by the board
26 for misconduct or inefficiency. All deputies, assistants or
27 corrections officers shall also give bond if required by the
28 board and may at any time be suspended by the chief
29 administrator or removed by the board.
30 SUBCHAPTER D
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1 ALTERNATIVE PLAN FOR CERTAIN COUNTIES
2 Sec.
3 1741. Sixth, seventh and eighth class counties.
4 1742. Appointment of prison commissioners.
5 § 1741. Sixth, seventh and eighth class counties.
6 (a) Management by sheriff.--In a county of the sixth,
7 seventh and eighth class, the government, management and control
8 of the county prison and the safekeeping, care, maintenance,
9 discipline and employment of the inmates therein are vested in
10 the sheriff of the county and the officers and employees
11 appointed by the sheriff.
12 (b) Residence may be furnished.--The sheriff and the
13 sheriff's family may be furnished a residence in the county
14 prison.
15 (c) Staffing.--The sheriff shall from time to time, with
16 approval of the county salary board, appoint as many corrections
17 officers and other employees of the county prison as the salary
18 board shall approve. The compensation of the corrections
19 officers and other employees shall be fixed by the county salary
20 board in the same manner as the compensation of other appointed
21 county officers and employees.
22 § 1742. Appointment of prison commissioners.
23 Whenever the appointment of prison commissioners in any
24 county having a population of more than 150,000 is by law lodged
25 in the judges of the court of common pleas, the appointments
26 shall, in all cases as nearly as possible, be equally divided
27 between the two political parties polling the highest number of
28 votes at the preceding general election.
29 SUBCHAPTER E
30 PENAL OPERATIONS AND PROCEDURES
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1 Sec.
2 1751. Costs of confinement.
3 1752. Board of inspectors to regulate salaries of wardens and
4 other staff.
5 1753. Residence of warden.
6 1754. Bonds for county prison staff in fourth class counties.
7 1755. Property exempt from taxation.
8 1756. Loss of privileges.
9 1757. Collection from certain inmates.
10 § 1751. Costs of confinement.
11 (a) Liability of cities.--
12 (1) When an inmate is committed to any county
13 correctional institution in this Commonwealth, either for the
14 nonpayment of a fine or penalty imposed for the violation of
15 any city ordinance or while awaiting a hearing upon any
16 charge for the violation of any city ordinance, the costs of
17 proceedings and the expenses of maintaining the inmate during
18 his confinement by virtue of the commitment shall be borne
19 and paid by the city whose ordinance was alleged to have been
20 violated or to which any such fines or penalties are payable.
21 (2) The county in which the city is located shall not be
22 liable to the sheriff for any such maintenance or to any
23 officer, magistrate or person for any costs of such
24 proceedings.
25 (b) Nonapplicability.--This section does not apply to a city
26 of the third class.
27 § 1752. Board of inspectors to regulate salaries of wardens and
28 other staff.
29 (a) General rule.--The board of inspectors in any county
30 where such board exists shall, from time to time, fix and change
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1 the salaries and compensation of the deputy wardens, corrections
2 officers and other persons employed in and about the county
3 prison.
4 (b) Nonapplicability.--This section shall not apply to
5 counties in which cities are coextensive with the counties.
6 § 1753. Residence of warden.
7 In any county where the government of the county prison is
8 vested in a prison board, the prison board may fix the place of
9 residence of the warden of the county prison either in the jail
10 or elsewhere.
11 § 1754. Bonds for county prison staff in fourth class counties.
12 In any county of the fourth class in which there is a board
13 of inspectors, the board shall pay out of the public moneys
14 under its jurisdiction the premiums on all bonds of employees
15 appointed by the board who are required to furnish bond.
16 § 1755. Property exempt from taxation.
17 All the property, real and personal, authorized to be held
18 under the former act of June 26, 1895 (P.L.377, No.269),
19 entitled "An act authorizing the erection of work-houses in the
20 several counties of this Commonwealth," shall be exempt from
21 taxation and from levy and sale by virtue of execution or any
22 other process.
23 § 1756. Loss of privileges.
24 A chief administrator of a county correctional institution
25 may refuse to permit a prisoner to exercise the prisoner's
26 privilege to leave the county correctional institution for a
27 period of not more than five days for any breach of discipline
28 or other violation of regulations of the county correctional
29 institution.
30 § 1757. Collection from certain inmates.
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1 The governing body of a county correctional institution, or
2 where applicable the county commissioners, may, by resolution
3 which shall establish rates and qualifications, authorize the
4 chief administrator to collect a reasonable amount from inmates
5 incarcerated only on weekends or other short periods each week.
6 SUBCHAPTER F
7 JOINT DETENTION CENTERS
8 Sec.
9 1761. Establishment by adjoining counties.
10 1762. Selection of site.
11 1763. Buildings.
12 1764. Construction contracts.
13 1765. Advisory board.
14 1766. Meetings.
15 1767. Chief administrator and employees.
16 1768. Rules and regulations.
17 1769. Initial transfer of inmates.
18 1770. Employment of inmates.
19 1771. Cost of transporting inmates.
20 1772. Financial reporting.
21 1773. Allocation of expenses to counties.
22 1774. County appropriations.
23 1775. Exemption from taxation.
24 § 1761. Establishment by adjoining counties.
25 (a) Authority.--The county commissioners of any two or more
26 adjoining counties may join in establishing, according to a
27 plan, detention facilities for the confinement of persons
28 awaiting trial or sentence on criminal charges, convicted on
29 criminal charges or not otherwise eligible for confinement in
30 other county correctional institutions.
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1 (b) Preapproval of plan by department.--Before establishing
2 detention facilities, the counties shall submit their plan to
3 the department for approval. The department may require, as a
4 condition to approving any plan, that two or more adjoining
5 counties join with another adjoining county to establish
6 detention facilities.
7 § 1762. Selection of site.
8 Whenever the commissioners of any two or more adjoining
9 counties decide and agree to construct a joint detention
10 facility, they shall acquire a suitable site for the facility.
11 The site may be selected from suitable lands already held by any
12 county of the district for county purposes from lands donated
13 for such purposes or any quantity of land within the respective
14 districts. In the selection of a site, there shall be taken into
15 consideration the objects and purposes of the joint detention
16 center. Title to the land shall be approved by the county
17 solicitor of the county in which the land is located, or such
18 other title guarantee corporation or attorney as may be
19 designated by the commissioners of the counties, and shall be
20 taken in the name of the county or counties comprising the
21 district. The site, before purchase, shall be approved by the
22 department.
23 § 1763. Buildings.
24 After the selection and acquisition of sites, the county
25 commissioners of the counties may erect and construct suitable
26 and necessary buildings thereon, repair any buildings already
27 erected and equip the sites for use and occupancy.
28 § 1764. Construction contracts.
29 Joint detention facilities shall be constructed by contract
30 or contracts let by the county commissioners of the counties to
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1 the lowest responsible and best bidder after due advertisement
2 in at least one newspaper, published in each of the counties
3 joining in the erection of the joint detention facilities, once
4 a week for two consecutive weeks. When so constructed, the joint
5 detention facilities shall be equipped by the county
6 commissioners of the counties at the cost of the counties in the
7 same manner as other county buildings are equipped.
8 § 1765. Advisory board.
9 After joint detention facilities have been erected and
10 equipped and are ready for occupancy, the president judges of
11 the courts of common pleas of the counties joining in the
12 construction of the joint detention facilities shall appoint an
13 advisory board to consist of three persons from each of the
14 counties. The president judge of each of the counties shall
15 appoint one member of the board to serve for one year, one to
16 serve for two years, and one to serve for three years, or until
17 their successors are appointed and qualified. All appointments
18 at the expiration of any term shall be for a term of three
19 years.
20 § 1766. Meetings.
21 (a) General rule.--The advisory board shall meet at such
22 times as it deems necessary. The board shall visit and inspect
23 and keep in close touch with the management and operation of the
24 joint detention facilities and shall, from time to time, make
25 such recommendations and suggestions to the county commissioners
26 for changes or improvements in the management and operations of
27 the joint detention facilities as may be deemed advisable. It
28 shall also make an annual report to the county commissioners
29 concerning the management and operation of the joint detention
30 facilities.
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1 (b) Administrative support.--The county commissioners shall,
2 at the expense of the counties, provide a meeting place for the
3 board and furnish all supplies and materials necessary to carry
4 on its work.
5 (c) Reimbursement of expenses.--The members of the board
6 shall not receive any compensation for their services, but shall
7 be reimbursed for all actual and necessary expenses incurred in
8 the discharge of their duties, which expenses shall be paid by
9 the counties as part of the cost of maintenance of the joint
10 detention facilities.
11 § 1767. Chief administrator and employees.
12 The county commissioners of the counties may, after
13 consultation with the advisory board, employ a chief
14 administrator and such other employees as may be necessary to
15 conduct and manage properly the joint detention facilities and
16 shall fix their compensation. The duties of those officers shall
17 be prescribed by the rules and regulations of the joint
18 detention facilities. They shall hold their offices,
19 respectively, at the pleasure of and their compensation shall be
20 fixed by the appointing power.
21 § 1768. Rules and regulations.
22 The county commissioners of the counties shall, before any
23 inmate may be admitted to the joint detention facilities, after
24 consulting with the advisory board, make general rules and
25 regulations for the management of the joint detention
26 facilities, which rules and regulations shall be effective after
27 they are approved by the department.
28 § 1769. Initial transfer of inmates.
29 When, in any district formed by counties under this
30 subchapter, the arrangements are complete for the reception of
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1 inmates, transfer of all persons who are subject to confinement
2 as provided in this subchapter shall be made to the joint
3 detention facilities of the district.
4 § 1770. Employment of inmates.
5 An inmate of a joint detention facility under the provisions
6 of this subchapter, unless disqualified by sickness or
7 otherwise, shall be kept at some useful employment as may be
8 suited to the inmate's age and capacity and as may tend to
9 promote the best interest of the inmate. If an inmate refuses to
10 perform the work assigned to the inmate or is guilty of other
11 acts of insubordination, the chief administrator shall punish
12 the inmate in such manner as the rules and regulations provided
13 for may prescribe. The chief administrator shall keep a record
14 of and report to the advisory board all such offenses and
15 punishments.
16 § 1771. Cost of transporting inmates.
17 The cost of transporting inmates committed to the joint
18 detention facilities shall be paid by the counties,
19 respectively, from which the inmates are committed. The sheriff
20 of the county for inmates committed by the court and constables
21 for inmates committed by magisterial district judges shall
22 receive for the inmates committed to the joint detention
23 facilities no mileage or travel expenses on writs, except the
24 actual cost of transporting the inmates to the joint detention
25 facilities, together with any other fees for their services
26 allowed by law.
27 § 1772. Financial reporting.
28 A detailed statement of the receipt and expenditures by any
29 county constituting a part of the district for joint detention
30 facilities erected under the provisions of this subchapter shall
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1 be published by the county commissioners of each county or by
2 the controller in the county. Where the report is published by
3 the controller, it shall be included in the annual statement of
4 the fiscal affairs of such county.
5 § 1773. Allocation of expenses to counties.
6 (a) General rule.--The original cost of the site and
7 buildings of the joint detention facilities and the equipment
8 thereof, all additions thereto and all fixed overhead charges in
9 conducting the joint detention facilities shall be paid by the
10 counties constituting the districts in the ratio of their
11 population according to the last preceding United States census.
12 (b) Inmate expense.--
13 (1) The cost of the care and maintenance of the inmates
14 in the districts shall be certified monthly to the counties
15 from which inmates have been committed. The cost shall be
16 paid by the counties in proportion to the number of inmates
17 committed from each county.
18 (2) All payments shall be on warrants of the county
19 commissioners, countersigned by the county controller in
20 counties where that office exists.
21 § 1774. County appropriations.
22 The county commissioners of each county joining in
23 establishing detention facilities as provided for in this
24 subchapter may make appropriations or incur or increase the
25 indebtedness of the county, in the manner provided by law, to an
26 amount sufficient to pay its proportionate part of the cost of
27 acquiring a site and of erecting, constructing and equipping the
28 joint detention facilities by issuing coupon bonds at a rate of
29 interest not exceeding 7%, and payable within 30 years from the
30 date of issue. The county commissioners of the county shall levy
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1 an annual tax in an amount necessary to pay interest and sinking
2 fund charges upon such bonds.
3 § 1775. Exemption from taxation.
4 All the property, real and personal, authorized to be held by
5 counties under this subchapter shall be exempt from taxation.
6 SUBCHAPTER G
7 JOINT INDUSTRIAL FARMS AND WORKHOUSES
8 Sec.
9 1781. Establishment by counties.
10 1782. Selection of site.
11 1783. Buildings.
12 1784. Construction contracts.
13 1785. Advisory board.
14 1786. Meetings.
15 1787. Chief administrator and employees.
16 1788. Rules and regulations.
17 1789. Initial transfer of inmates.
18 1790. Employment of inmates.
19 1791. Cost of transporting inmates.
20 1792. Nature of inmate employment.
21 1793. Sale of goods and materials.
22 1794. Financial reporting.
23 1795. Allocation of expenses to counties.
24 1796. Borrowing authorized.
25 1797. Exemption from taxation.
26 1798. Nonapplicability.
27 § 1781. Establishment by counties.
28 The county commissioners of any two or more counties may join
29 in establishing a joint industrial farm and workhouse for the
30 confinement of:
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1 (1) Persons sentenced by the courts of those counties,
2 after conviction, of any misdemeanor or felony, except
3 murder, voluntary manslaughter, rape and arson.
4 (2) Persons who are in default of payment of any fine or
5 penalty, or for nonpayment of costs, or for default in
6 complying with any order of court entered in any prosecution
7 for desertion or nonsupport, or for the violation of any
8 municipal ordinance.
9 § 1782. Selection of site.
10 Whenever the commissioners of any two or more counties decide
11 and agree to construct a joint industrial farm and workhouse,
12 they shall acquire a suitable site for the same. The site may be
13 selected from suitable lands already held by any county of the
14 district for county purposes, from lands donated for such
15 purposes or from 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 industrial
18 farm and workhouse and all or as many as practicable of the
19 advantages and resources set forth in this section. The land
20 selected and purchased shall be a varied topography, with
21 natural resources and advantages for many forms of husbandry,
22 fruit growing and stock raising, for brickmaking and for the
23 preparation of all other road and paving material and shall have
24 good railroad, drainage, sewage and water facilities. Title to
25 the land shall be approved by the county solicitor of the county
26 in which the land is located or such other title guarantee
27 corporation or attorney as maybe designated by the commissioners
28 of the counties and shall be taken in the name of the county or
29 counties comprising the district.
30 § 1783. Buildings.
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1 After the selection and acquisition of the sites, the county
2 commissioners of the counties may erect and construct suitable
3 and necessary buildings thereon, repair any buildings already
4 erected and equip the buildings for use and occupancy. All
5 buildings constructed in pursuance of this subchapter shall be
6 plain and inexpensive in character. The labor in constructing
7 such buildings and improvements and facilities shall be supplied
8 by the persons committed to county correctional institutions in
9 the counties or transferred thereto from any county correctional
10 institution, so far as found practicable.
11 § 1784. Construction contracts.
12 Joint industrial farm and workhouse buildings shall be
13 constructed by contract or contracts let by the county
14 commissioners of the counties to the lowest responsible and best
15 bidder, after due advertisement in at least one newspaper,
16 published in each of the counties joining in the erection of the
17 joint industrial farm and workhouse, once a week for four
18 consecutive weeks. When so constructed, the joint industrial
19 farm and workhouse buildings shall be equipped by the county
20 commissioners of the counties at the cost of the counties in the
21 same manner as other county buildings are equipped.
22 § 1785. Advisory board.
23 After a joint industrial farm and workhouse has been erected
24 and equipped and is ready for occupancy, the president judges of
25 the courts of common pleas of the counties joining in the
26 construction of the joint industrial farm and workhouse shall
27 appoint an advisory board to consist of three persons from each
28 of the counties. The president judge of each of the counties
29 shall appoint one member of the board to serve for one year, one
30 to serve for two years, and one to serve for three years, or
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1 until their successors are appointed and qualified. All
2 appointments at the expiration of any term shall be for a term
3 of three years.
4 § 1786. Meetings.
5 (a) General rule.--The advisory board shall meet monthly and
6 at such other times as may be deemed necessary. The board shall
7 visit and inspect and keep in close touch with the management
8 and operation of the joint industrial farm and workhouse and
9 shall, from time to time, make such recommendations and
10 suggestions to the county commissioners for changes or
11 improvements in the management and operations of the joint
12 industrial farm and workhouse as may be deemed advisable. It
13 shall also make an annual report to the county commissioners
14 concerning the management and operation of the industrial farm
15 and workhouse.
16 (b) Administrative support.--The county commissioners shall,
17 at the expense of the counties, provide a meeting place for the
18 board and furnish all supplies and materials necessary to carry
19 on its work.
20 (c) Reimbursement of expenses.--The members of the board
21 shall not receive any compensation for their services, but shall
22 be allowed all actual and necessary expenses incurred in the
23 discharge of their duties, which shall be paid by the counties
24 as part of the cost of maintenance of the joint industrial farm
25 and workhouse.
26 § 1787. Chief administrator and employees.
27 The county commissioners of the counties may, after
28 consultation with the advisory board, employ a chief
29 administrator and such other employees as may be necessary to
30 conduct and manage properly the joint industrial farm and
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1 workhouse and shall fix their compensation. The duties of those
2 officers shall be prescribed by the rules and regulations of the
3 joint industrial farm and workhouse.
4 § 1788. Rules and regulations.
5 The county commissioners of the counties shall, before any
6 inmate may be admitted to the joint industrial farm and
7 workhouse, after consulting with the advisory board, make
8 general rules and regulations for the management of the joint
9 industrial farm and workhouse.
10 § 1789. Initial transfer of inmates.
11 (a) General rule.--When, in any district formed by the
12 counties, the arrangements are complete for the reception of
13 inmates, transfer shall be made from the county correctional
14 institutions to the joint industrial farm and workhouse of the
15 district of all persons:
16 (1) Who have been sentenced to any of the county
17 correctional institutions for any misdemeanor or felony
18 except murder, voluntary manslaughter, rape and arson.
19 (2) Who have been committed to any of the county
20 correctional institutions in default of payment of any fine
21 or penalty, or for nonpayment of costs or for default in
22 complying with any order of court entered in any prosecution
23 for desertion or nonsupport.
24 (3) Legally confined in any of the county correctional
25 institutions, except those that are confined awaiting trial
26 or held as material witnesses.
27 (b) Persons eligible to become inmates.--
28 (1) When any person is convicted in any court in any
29 county of any offense classified as a misdemeanor or felony
30 except murder, voluntary manslaughter, rape and arson, the
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1 punishment of which is or may be imprisonment in any county
2 correctional institution for a period of ten days or more,
3 the court may sentence such person to a joint industrial farm
4 and workhouse of the Commonwealth.
5 (2) Courts of record and courts not of record of any
6 county in this Commonwealth may commit to the joint
7 industrial farm and workhouse all persons who might be
8 lawfully committed to the county correctional institution on
9 charges of vagrancy, drunkenness or disorderly conduct, for
10 default or nonpayment of any costs, fine or penalty, for
11 default in complying with any order of court entered in any
12 prosecution for desertion or nonsupport or for violations of
13 municipal ordinances, where, in any such case, the commitment
14 will be for a period of ten days or more.
15 (c) Existing county correctional institutions.--The existing
16 county correctional institutions may be retained to confine
17 persons awaiting trial, held as material witnesses or sentenced
18 for a period of less than ten days, and such number of other
19 convicted persons as may be required to perform the necessary
20 institutional maintenance work.
21 (d) Clothing and treatment.--All inmates shall be clothed
22 and treated as provided for in this subchapter and in the rules
23 and regulations of the joint industrial farm and workhouse.
24 § 1790. Employment of inmates.
25 (a) General rule.--An inmate committed to a joint industrial
26 farm and workhouse under the provisions of this subchapter,
27 unless disqualified by sickness or otherwise, shall be kept at
28 some useful employment as may be suited to the inmate's age and
29 capacity and as may be most profitable to the joint industrial
30 farm and workhouse and tend to promote the best interest of the
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1 inmate. If an inmate refuses to perform the work assigned to the
2 inmate or is guilty of other acts of insubordination, the chief
3 administrator shall punish the inmate in such manner as the
4 rules and regulations provided for may prescribe. The chief
5 administrator shall keep a record of and report to the advisory
6 board all such offenses and punishments.
7 (b) Pay schedule and inmate accounts.--All inmates shall
8 receive compensation for their work.
9 (1) Those inmates employed on institutional maintenance
10 and nonproductive labor shall receive not more than 20¢ per
11 day and not less than 10¢ per day.
12 (2) Those inmates employed on productive work shall
13 receive not more than 50¢ per day and not less than 20¢ per
14 day.
15 (3) The earnings of an inmate shall be credited to the
16 inmate's account, and disbursements made on approval of the
17 chief administrator of the institution and the written order
18 of the inmate, except when an inmate is committed for
19 nonsupport the court which sentenced the prisoner shall order
20 payment of the earnings. At time of release or discharge, the
21 inmate shall receive all moneys remaining in the inmate's
22 account and give receipt for the same.
23 § 1791. Cost of transporting inmates.
24 (a) General rule.--The cost of transporting inmates
25 committed to the joint industrial farms and workhouses shall be
26 paid by the counties, respectively, from which the inmates are
27 committed. The sheriff of the county for inmates committed by
28 the court and constables for inmates committed by magisterial
29 district judges shall receive for the inmates committed to the
30 joint industrial farm and workhouse no mileage or travel
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1 expenses on writs, except the actual cost of transporting the
2 inmates so committed to the joint industrial farm and workhouse,
3 together with any other fees for their services allowed by law.
4 (b) Railroad ticket upon discharge.--When an inmate is
5 discharged from a joint industrial farm and workhouse, the chief
6 administrator thereof shall procure for the inmate a railroad
7 ticket to any point to which the inmate may desire to go, not
8 farther from the joint industrial farm and workhouse than the
9 point from which the inmate was sentenced.
10 § 1792. Nature of inmate employment.
11 A joint industrial farm and workhouse shall employ the
12 inmates committed or transferred thereto in work on or about the
13 buildings and farm and in growing produce, raising stock, etc.,
14 for supplies for its own use, the use of the several city and
15 county or county correctional institutions in the district, any
16 political division thereof or any public or charitable
17 institution owned or managed and directed by the counties
18 constituting the district, or any political division thereof.
19 Inmates may also be employed in the preparation of road
20 material, in making brick, tile and concrete or other road
21 building material and in the manufacture of other products and
22 materials as may be found practicable for the use of any of the
23 counties constituting the district and for the proper and
24 healthful employment of the inmates.
25 § 1793. Sale of goods and materials.
26 All road material, brick, tile, concrete and other goods and
27 materials prepared or made at a joint industrial farm and
28 workhouse that are not needed for the purposes of the joint
29 industrial farm and workhouse shall be offered for sale at a
30 price to be fixed by the commissioners of the district. In
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1 offering such material for sale, preference shall be given to
2 the counties forming the district of the joint industrial farm
3 and workhouse and to the cities, boroughs and townships in the
4 joint district. All moneys so received shall be applied toward
5 paying the overhead expenses of the joint industrial farm and
6 workhouse.
7 § 1794. Financial reporting.
8 A detailed statement of the receipts and expenditures by any
9 county constituting a part of the district for a joint
10 industrial farm and workhouse erected under the provisions of
11 this subchapter shall be published by the county commissioners
12 of each county or by the controller in the county. Where the
13 report is published by the controller, it shall be included in
14 the annual statement of the fiscal affairs of the county.
15 § 1795. Allocation of expenses to counties.
16 (a) General rule.--The original cost of the site and
17 buildings of the joint industrial farm and workhouse, the
18 equipment thereof, all additions thereto and all fixed overhead
19 charges in conducting the joint industrial farm and workhouse
20 shall be paid by the counties constituting the districts in the
21 ratio of their population according to the last preceding United
22 States census.
23 (b) Inmate expense.--The cost of the care and maintenance of
24 the inmates shall be certified monthly to the counties from
25 which inmates have been committed. The cost shall be paid by the
26 counties in proportion to the number of inmates committed from
27 each county. All payments shall be on warrants of the county
28 commissioners, countersigned by the county controller in
29 counties where a county controller exists.
30 § 1796. Borrowing authorized.
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1 The county commissioners of each county joining in
2 establishing a joint industrial farm and workhouse, as provided
3 for in this subchapter, may incur or increase the indebtedness
4 of the county, in the manner provided by law, to an amount
5 sufficient to pay its proportionate part of the cost of
6 acquiring a site and of erecting, constructing and equipping the
7 joint industrial farm and workhouse by issuing coupon bonds at a
8 rate of interest not exceeding 6% and payable within 30 years
9 from the date of issue. The county commissioners of the county
10 shall levy an annual tax in an amount necessary to pay interest
11 and sinking fund charges upon the bonds.
12 § 1797. Exemption from taxation.
13 All the property, real and personal, authorized to be held
14 under this subchapter shall be exempt from taxation.
15 § 1798. Nonapplicability.
16 This subchapter does not apply to cities and counties of the
17 first class.
18 PART III
19 INMATE CONFINEMENT
20 Chapter
21 31. Inmate Labor
22 33. Medical Services
23 35. Visitation
24 37. Inmate Prerelease Plans
25 39. Motivational Boot Camp
26 41. State Intermediate Punishment
27 43. Execution Procedure and Method
28 59. Miscellaneous Provisions
29 CHAPTER 31
30 INMATE LABOR
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1 Sec.
2 3101. Inmates to be employed.
3 3102. Disposition of proceeds of labor.
4 3103. Agricultural labor at county correctional institutions.
5 3104. Inmate labor in county correctional institutions.
6 3105. Inmate labor in counties of the first class.
7 3106. Inmate-made goods to be branded.
8 3107. Sale of inmate-made goods.
9 § 3101. Inmates to be employed.
10 The chief administrators may employ the inmates under their
11 control for and on behalf of the Commonwealth and the inmates
12 for and on behalf of their respective counties.
13 § 3102. Disposition of proceeds of labor.
14 All moneys received under the provisions of this chapter for
15 labor done within county correctional institutions or the
16 products of such labor sold shall be credited on account of the
17 receipts and expenditures paid to and for the maintenance of the
18 respective correctional institutions.
19 § 3103. Agricultural labor at county correctional institutions.
20 (a) General rule.--The chief administrator of a county
21 correctional institution shall permit the employment of such
22 inmates serving sentences therein, as they shall deem advisable,
23 at agricultural labor on any county farm of the county under the
24 direction of any person appointed by the chief administrator,
25 and all inmates so employed shall at all times be amenable to
26 restraint, discipline and punishment in the same manner as if
27 they were confined in the county correctional institution.
28 (b) Liability.--No person appointed by a chief administrator
29 of a county correctional institution or his sureties shall be
30 held liable on any bond conditioned for the safekeeping of
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1 persons given into that person's care, in case any inmate so
2 employed shall escape, if due care and diligence has been
3 exercised in the discharge of the duties imposed on that person.
4 § 3104. Inmate labor in county correctional institutions.
5 (a) General rule.--An inmate of a county correctional
6 institution who is physically capable may be employed at labor
7 for not more than eight hours each day, other than Sundays and
8 public holidays. The employment may be in such character of work
9 and the production of such goods as may now be manufactured and
10 produced in county correctional institutions and may also be
11 for:
12 (1) the manufacture and production of supplies for the
13 county correctional institutions;
14 (2) the preparation and manufacture of building material
15 for the construction or repair of the county correctional
16 institution;
17 (3) the manufacture and production of crushed stone,
18 brick, tile and culvert pipe or other material suitable for
19 draining roads; or
20 (4) the preparation of road building and ballasting
21 material.
22 (b) Authority to county commissioners.--The county
23 commissioners or chief administrator of the county correctional
24 institution shall:
25 (1) determine the amount, kind and character of the
26 machinery to be erected and the industries to be carried on
27 in the county correctional institution;
28 (2) arrange for the purchase and installation of such
29 machinery at the expense of the county; and
30 (3) provide for the sale of articles and material
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1 produced.
2 (c) Funding.--The county commissioners shall make available
3 the necessary funds to carry out the provisions of this section.
4 (d) Inmate accounts.--
5 (1) The authorities in charge of a county correctional
6 institution shall fix the wages of each inmate to be employed
7 and shall keep an account of all such wages and the amount
8 due each inmate.
9 (2) Three-fourths of the amount credited to each inmate,
10 or the entire amount if the inmate so elects, shall
11 constitute a fund for the relief of any person or persons
12 dependent upon the inmate and shall be paid to such persons,
13 establishing dependency to the satisfaction of the
14 authorities, at such times as they may prescribe.
15 (3) In case an inmate has no person dependent upon him,
16 the inmate's wages shall be deposited for his benefit and
17 shall be paid to him as follows:
18 (i) one-third at the time of his discharge;
19 (ii) one-third, three months thereafter; and
20 (iii) one-third, six months thereafter.
21 (e) Special administrative fund.--
22 (1) The authorities in charge of a county correctional
23 institution may establish a fund for the purpose of carrying
24 out this section and may provide for the purchase of
25 machinery and materials and payment of wages from such fund.
26 (2) All revenues received from the sale of articles
27 produced shall be paid into the fund.
28 (f) Nonapplicability.--This section shall not apply to a
29 county of the first class.
30 § 3105. Inmate labor in counties of the first class.
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1 (a) General rule.--The board of inspectors of a county
2 correctional institution of a county of the first class may
3 establish, from time to time, a scale of wages that shall not be
4 less than ten cents per day, and may pay and the inmates may
5 receive compensation for their work according to such scale.
6 (b) Inmate account.--
7 (1) Except as otherwise provided in paragraph (2), the
8 earnings of each inmate shall be credited to his account and
9 disbursements made on approval of the chief administrator of
10 the institution and the written order of the inmate.
11 (2) When an inmate is committed for nonsupport, the
12 court which sentenced the inmate shall order payment of his
13 earnings and, in the case of other inmates, the court which
14 sentenced the inmate may order payments from his earnings to
15 be paid to his dependents.
16 (3) At time of release or discharge, the inmate shall
17 receive all moneys remaining in his account and give receipt
18 for the same.
19 § 3106. Inmate-made goods to be branded.
20 (a) General rule.--All goods, wares, merchandise or other
21 article or thing made by inmate labor in any correctional
22 institution or other establishment in which inmate labor is
23 employed, whether for the direct benefit and maintenance of the
24 correctional institution or other establishment or upon contract
25 by the authorities of the same with any third person,
26 immediately upon the completion of the same, shall be branded as
27 provided in this section and may not be taken into or exposed in
28 any place for sale at wholesale or retail without that brand.
29 (b) Style and place of brand.--
30 (1) The brand required by this section shall be in plain
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1 English lettering and shall contain at the head or top of the
2 brand the words "inmate made," followed by the year and name
3 of the correctional institution or other establishment in
4 which made.
5 (2) The brand shall in all cases, when the nature of the
6 article will permit, be placed on the article and only where
7 the branding is impossible may it be placed on the box or
8 other receptacle or covering in which it is contained.
9 (3) The brand shall be affixed to the article by
10 casting, burning, pressing or other such process or means so
11 that the article may not be defaced and in all cases shall be
12 upon the most conspicuous place upon the article or the box,
13 receptacle or covering containing the article.
14 (c) Applicability.--This section shall not apply to goods,
15 wares and merchandise shipped to points outside of this
16 Commonwealth.
17 § 3107. Sale of inmate-made goods.
18 The department may contract to sell or sell the articles
19 manufactured or produced in any correctional institution which
20 cannot be used therein, to the Commonwealth or to any political
21 subdivision thereof, or to any State, municipality, or county
22 authority, created by or under any law of this Commonwealth, or
23 to any State correctional institution, or to any educational or
24 charitable institution receiving aid from the Commonwealth, or
25 to the Federal Government or any department, bureau, commission,
26 authority or agency thereof, or to any other state or political
27 subdivision or authority thereof, or to any institution
28 receiving aid from the Federal Government or of any other state.
29 CHAPTER 33
30 MEDICAL SERVICES
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1 Sec.
2 3301. Short title of chapter.
3 3302. Definitions.
4 3303. Medical Services Program.
5 3304. Powers and duties of department.
6 3305. Costs outstanding upon release.
7 3306. Report to General Assembly.
8 3307. Applicability.
9 § 3301. Short title of chapter.
10 This chapter shall be known and may be cited as the
11 Correctional Institution Medical Services Act.
12 § 3302. Definitions.
13 The following words and phrases when used in this chapter
14 shall have the meanings given to them in this section unless the
15 context clearly indicates otherwise:
16 "Program." The Medical Services Program established for
17 inmates under section 3303 (relating to Medical Services
18 Program).
19 § 3303. Medical Services Program.
20 (a) Establishment.--The Medical Services Program is
21 established in the department which shall include, but not be
22 limited to, the provisions of this chapter. The program shall be
23 a copay program requiring inmates to pay a fee to cover a
24 portion of the actual costs of the medical services provided.
25 (b) Fees.--
26 (1) The department shall develop by regulation a program
27 for inmates which includes fees for certain medical services.
28 The regulations shall provide for consistent medical services
29 guidelines by specifying the medical services which are
30 subject to fees, the fee amounts, payment procedures, medical
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1 services which are not subject to fees and fees applicable to
2 medical emergencies, chronic care and preexisting conditions.
3 (2) In addition to other medical services provided to
4 the inmate, an inmate may be required to pay a fee for
5 medical services provided because of injuries the inmate
6 inflicted upon himself or another inmate.
7 (c) Explanation of program.--Each inmate shall be advised of
8 the medical services fees and payment procedures at the time of
9 intake. An explanation of the program regulations shall be
10 included in the inmate handbook.
11 (d) Written notice of changes.--Each inmate shall receive
12 written notice of any changes in medical services fees and
13 payment procedures and an initial written notice of the
14 program's implementation.
15 (e) Payment for medical services.--
16 (1) No inmate shall be denied access to medical services
17 because of an inability to pay the required fees.
18 (2) The department shall devise and implement a program
19 whereby inmates of State correctional institutions who have
20 medical insurance shall pay for their own medical needs
21 through that insurance. This program shall be contained in
22 regulations promulgated by the department.
23 (f) Fee debits.--An inmate shall acknowledge in writing any
24 debit made to his inmate account for a medical services fee.
25 (g) Deposits.--Medical services fees collected under this
26 chapter shall be deposited in the General Fund.
27 § 3304. Powers and duties of department.
28 The department shall implement the program by:
29 (1) Issuing regulations as required under section 3303
30 (relating to Medical Services Program).
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1 (2) Providing department staff and medical services
2 providers with training relating to the program.
3 (3) Developing administrative forms for the
4 implementation of the program.
5 (4) Providing for administrative and accounting
6 procedures for the program and an annual audit of the
7 program.
8 (5) Providing written notice to all current inmates
9 regarding implementation of the program.
10 § 3305. Costs outstanding upon release.
11 (a) Right to seek recovery of costs.--The department may
12 seek to recover any amount owed for medical services fees by an
13 inmate upon release from prison through a civil action brought
14 within one year of the inmate's release. The department shall
15 have the burden to prove the amount owed.
16 (b) Defense.--An inmate's inability to pay as determined by
17 the court shall be a defense to the payment of part or all of
18 the fees.
19 § 3306. Report to General Assembly.
20 The department shall submit to the chairmen and minority
21 chairmen of the Appropriations Committee and the Judiciary
22 Committee of the Senate and the chairmen and minority chairmen
23 of the Appropriations Committee and the Judiciary Committee of
24 the House of Representatives an annual report on the program.
25 The report shall provide information on the fees charged and the
26 fees collected under the program and shall include a summary of
27 the annual audit of the program as required under section 3304
28 (relating to powers and duties of department). The report may
29 recommend legislative changes for the program and propose model
30 legislation for counties which may wish to develop similar
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1 programs.
2 § 3307. Applicability.
3 The department shall collect fees for medical services
4 provided to an inmate after the effective date of the program
5 regulations as published in the Pennsylvania Bulletin.
6 CHAPTER 35
7 VISITATION
8 Subchapter
9 A. General Provisions
10 B. Official Visitation
11 SUBCHAPTER A
12 GENERAL PROVISIONS
13 Sec.
14 3501. Gubernatorial visitor for philanthropic purposes.
15 3502. Official visitors.
16 3503. Rights of official visitors.
17 § 3501. Gubernatorial visitor for philanthropic purposes.
18 The Governor may appoint a person to visit, for philanthropic
19 purposes, correctional institutions. No expense shall be
20 incurred to the Commonwealth for the implementation of this
21 section.
22 § 3502. Official visitors.
23 (a) General rule.--Subject to the provisions of subsection
24 (b), the active or visiting committee of any society
25 incorporated for the purpose of visiting and instructing inmates
26 are hereby made official visitors of any correctional
27 institution, with the same powers, privileges and functions as
28 are vested in the official visitors of correctional institutions
29 as now prescribed by law.
30 (b) Notice required.--No active or visiting committee as
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1 identified in subsection (a) may visit a correctional
2 institution under this section unless notice of the names of the
3 members of the committee and the terms of their appointment are
4 given by the society, in writing, under its corporate seal, to
5 the chief administrator of the correctional institution.
6 § 3503. Rights of official visitors.
7 (a) Visiting hours.--A person designated by law to be an
8 official visitor of a correctional institution may enter and
9 visit any correctional institution on any and every day,
10 including Sundays, between the hours of 9 a.m. and 5 p.m. and at
11 such other times with the special permission of the chief
12 administrator.
13 (b) Confirmation of role.--All powers, functions and
14 privileges granted to official visitors of correctional
15 institutions under prior law are hereby confirmed. No official
16 visitor shall have the right or power to give or deliver to an
17 inmate during such visit any chattel or object whatsoever,
18 except objects and articles of religious or moral instruction or
19 use.
20 (c) Effect of violation.--
21 (1) If an official visitor violates any provision of
22 this section, a chief administrator may apply to the court of
23 common pleas in the county wherein the correctional
24 institution is situated, for a rule upon the official visitor
25 to show cause why he should not be deprived of his office.
26 (2) Upon proof to the satisfaction of the court, the
27 court shall enter a decree against the official visitor
28 depriving him of all rights, privileges and functions of an
29 official visitor.
30 SUBCHAPTER B
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1 OFFICIAL VISITATION
2 Sec.
3 3511. Short title of subchapter.
4 3512. Definitions.
5 3513. Visitation.
6 3514. Employees of official visitor.
7 § 3511. Short title of subchapter.
8 This subchapter shall be known and may be cited as the
9 Official Visitation of Correctional Institutions Act.
10 § 3512. 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 "Official visitor." The Governor, Lieutenant Governor,
15 President pro tempore and members of the Senate, Speaker and
16 members of the House of Representatives, justices and judges of
17 the courts of record, General Counsel, Attorney General and his
18 deputies and authorized members of the Pennsylvania Prison
19 Society who have been designated as official visitors, whose
20 names shall be given to a chief administrator, in writing,
21 together with the terms of their appointment under its corporate
22 seal.
23 § 3513. Visitation.
24 (a) Time.--An official visitor may enter and visit any
25 correctional institution on any and every day, including
26 Sundays, between the hours of 9 a.m. and 5 p.m. Visits at any
27 other time shall be made only with the special permission of the
28 chief administrator.
29 (b) Denial of entry.--
30 (1) If a chief administrator of a State correctional
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1 institution is of the opinion that the visit would be
2 dangerous to the discipline or welfare of the correctional
3 institution or the safety of the visitor, the chief
4 administrator may temporarily deny entry to any official
5 visitor if the secretary has previously declared that an
6 emergency situation exists within the correctional
7 institution.
8 (2) If a temporary exclusion under paragraph (1) exceeds
9 72 hours, the official visitor may apply to the Commonwealth
10 Court for a ruling upon the secretary to show cause why the
11 official visitor should not be permitted entry into the State
12 correctional institution.
13 (c) Temporary denial of visitation for county correctional
14 institutions.--
15 (1) If the chief administrator of a county correctional
16 institution has previously determined that an emergency
17 exists at the county correctional institution, the chief
18 administrator may, with the approval of the president judge
19 of the court of common pleas of the county where the county
20 correctional institution is located, temporarily deny entry
21 to an official visitor.
22 (2) If a temporary exclusion under paragraph (1) exceeds
23 72 hours, the official visitor may apply to the Commonwealth
24 Court for a ruling upon the president judge to show cause why
25 the official visitor should not be permitted entry into the
26 county correctional institution.
27 (d) Interviews.--
28 (1) An official visitor may interview privately any
29 inmate confined in any correctional institution and for that
30 purpose may enter the cell, room or apartment wherein any
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1 inmates are confined.
2 (2) If the chief administrator at the time of the visit
3 is of the opinion that entry into a cell would be dangerous
4 to the discipline of the correctional institution, then the
5 chief administrator may conduct any inmates with whom the
6 official visitor may desire a private interview into another
7 cell or room as the chief administrator may designate and
8 there permit the private interview between the official
9 visitor and the inmate to take place.
10 (e) Official visitors and employees not exempt from
11 prosecution.--Official visitors and their employees shall not be
12 exempt from prosecution for any criminal offense, including, but
13 not limited to, a violation of 18 Pa.C.S. §§ 5121 (relating to
14 escape), 5122 (relating to weapons or implements for escape) and
15 5123 (relating to contraband).
16 (f) Decree of court.--
17 (1) If an official visitor violates any provision of
18 this section, any chief administrator of a correctional
19 institution may apply to the appropriate court for a ruling
20 upon the official visitor to show cause why the official
21 visitor should not be deprived of his official visitation
22 status.
23 (2) Upon proof to the satisfaction of the court, the
24 court shall enter a decree against the official visitor
25 depriving him of all rights, privileges and functions of an
26 official visitor.
27 § 3514. Employees of official visitor.
28 One employee of an official visitor may accompany the
29 official visitor when visiting any correctional institution and
30 may be present during an interview conducted by the official
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1 visitor.
2 CHAPTER 37
3 INMATE PRERELEASE PLANS
4 Sec.
5 3701. Establishment of prerelease centers.
6 3702. Prerelease plan for inmates.
7 3703. Rules and regulations.
8 3704. Salaries and wages of inmates.
9 § 3701. Establishment of prerelease centers.
10 The department shall establish, with the approval of the
11 Governor, prisoner prerelease centers at such locations
12 throughout this Commonwealth as it deems necessary to carry out
13 effective prisoner prerelease programs.
14 § 3702. Prerelease plan for inmates.
15 (a) Transfer authorization.--
16 (1) The secretary may transfer an inmate incarcerated in
17 any prerelease center or in any prerelease center located in
18 any State correctional institution who has not been sentenced
19 to death or life imprisonment to any prerelease center.
20 (2) The transfer of the inmate to the prerelease center
21 shall not occur where the transfer is not appropriate due to
22 a certified terminal illness.
23 (b) Temporary release.--An inmate transferred to and
24 confined in a prerelease center may be released temporarily with
25 or without direct supervision at the discretion of the
26 department, in accordance with rules and regulations as provided
27 in section 3703 (relating to rules and regulations), for the
28 purposes of gainful employment, vocational or technical
29 training, academic education and such other lawful purposes as
30 the department shall consider necessary and appropriate for the
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1 furtherance of the inmate's individual prerelease program
2 subject to compliance with subsection (c).
3 (c) Conditions for release of certain inmates.--
4 (1) An inmate who has not served his minimum sentence
5 may not be transferred to a prerelease center unless:
6 (i) more than 20 days have elapsed after written
7 notice of the proposed transfer, describing the inmate's
8 individual prerelease program, has been received by the
9 sentencing judge or, in the event the sentencing judge is
10 unavailable, the sentencing court and the prosecuting
11 district attorney's office and no written objection by
12 the judge containing the reason therefor has been
13 received by the department;
14 (ii) the judge withdraws his objection after
15 consultation with representatives of the department; or
16 (iii) approval of the proposed transfer is given by
17 the Board of Pardons.
18 (2) In the event of a timely objection by the judge,
19 representatives of the department shall meet with the judge
20 and attempt to resolve the disagreement.
21 (3) If, within 20 days of the department's receipt of
22 the objection:
23 (i) the judge does not withdraw his objection;
24 (ii) the department does not withdraw its proposal
25 for transfer; or
26 (iii) the judge and the department do not agree on
27 an alternate proposal for transfer, the matter shall be
28 listed for hearing at the next session of the Board of
29 Pardons to be held in the hearing district in which the
30 judge is located.
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1 (4) During the hearing before the Board of Pardons,
2 representatives of the judge, the department, the district
3 attorney of the county where the inmate was prosecuted and
4 any victim involved shall have the opportunity to be heard.
5 (d) Notice of release.--
6 (1) An inmate who has served his minimum sentence may be
7 released by the department only after notice to the judge
8 that the privilege is being granted.
9 (2) Notice of the release of an inmate shall be given to
10 the Pennsylvania State Police, the probation officer and the
11 sheriff or chief of police of the county, and the chief of
12 police of the municipality or township of the locality to
13 which the inmate is assigned or of the inmate's authorized
14 destination.
15 § 3703. Rules and regulations.
16 The department shall establish rules and regulations for
17 granting and administering release plans and shall determine
18 those inmates who may participate in any plan. If an inmate
19 violates the rules or regulations prescribed by the department,
20 the inmate's release privileges may be withdrawn. Failure of an
21 inmate to report to or return from the assigned place of
22 employment, training, education or other authorized destination
23 shall be deemed an offense under 18 Pa.C.S. § 5121 (relating to
24 escape).
25 § 3704. Salaries and wages of inmates.
26 (a) General rule.--The salaries or wages of inmates
27 gainfully employed under a plan established under this section
28 shall be collected by the department or its designated agents or
29 employees. The wages shall not be subject to garnishment or
30 attachment for any purpose either in the hands of the employer
20050S0506B2245 - 107 -
1 or the department during the inmate's term of imprisonment and
2 shall be disbursed only as provided in this section, but for tax
3 purposes they shall be income of the inmate.
4 (b) Use of salaries or wages.--The salaries or wages of an
5 inmate participating in a plan established under this section
6 shall be disbursed by the department in the following order:
7 (1) The board of the inmate, including food and
8 clothing.
9 (2) Necessary travel expense to and from work and other
10 incidental expenses of the inmate.
11 (3) Support of the inmate's dependents, if any.
12 (4) Payment, either in full or ratably, of the inmate's
13 obligations acknowledged by him in writing or which have been
14 reduced to judgment.
15 (5) The balance, if any, to the inmate upon his
16 discharge.
17 CHAPTER 39
18 MOTIVATIONAL BOOT CAMP
19 Sec.
20 3901. Scope of chapter.
21 3902. Declaration of policy.
22 3903. Definitions.
23 3904. Selection of inmate participants.
24 3905. Motivational boot camp program.
25 3906. Procedure for selection of participant in motivational
26 boot camp program.
27 3907. Completion of motivational boot camp program.
28 3908. Appeals.
29 § 3901. Scope of chapter.
30 This chapter authorizes motivational boot camps.
20050S0506B2245 - 108 -
1 § 3902. Declaration of policy.
2 The General Assembly finds and declares as follows:
3 (1) The Commonwealth recognizes the severe problem of
4 overcrowding in correctional institutions and understands
5 that overcrowding is a causative factor contributing to
6 insurrection and prison rioting.
7 (2) The Commonwealth also recognizes that the frequency
8 of convictions responsible for the dramatic expansion of the
9 population in correctional institutions is attributable in
10 part to the increased use of drugs and alcohol.
11 (3) The Commonwealth, in wishing to salvage the
12 contributions and dedicated work which its displaced citizens
13 may someday offer, is seeking to explore alternative methods
14 of incarceration which might serve as the catalyst for
15 reducing criminal behavior.
16 § 3903. Definitions.
17 The following words and phrases when used in this chapter
18 shall have the meanings given to them in this section unless the
19 context clearly indicates otherwise:
20 "Commission." The Pennsylvania Commission on Sentencing.
21 "Eligible inmate." A person sentenced to a term of
22 confinement under the jurisdiction of the Department of
23 Corrections who is serving a term of confinement, the minimum of
24 which is not more than two years and the maximum of which is
25 five years or less or an inmate who is serving a term of
26 confinement the minimum of which is not more than three years
27 where that inmate is within two years of completing his minimum
28 term, and who has not reached 35 years of age at the time he is
29 approved for participation in the motivational boot camp
30 program. The term shall not include any inmate who is subject to
20050S0506B2245 - 109 -
1 a sentence the calculation of which included an enhancement for
2 the use of a deadly weapon as defined pursuant to the sentencing
3 guidelines promulgated by the Pennsylvania Commission on
4 Sentencing or any inmate serving a sentence for any violation of
5 one or more of the following provisions:
6 18 Pa.C.S. § 2502 (relating to murder).
7 18 Pa.C.S. § 2503 (relating to voluntary manslaughter).
8 18 Pa.C.S. § 2506 (relating to drug delivery resulting in
9 death).
10 18 Pa.C.S. § 2901 (relating to kidnapping).
11 18 Pa.C.S. § 3121 (relating to rape).
12 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual
13 intercourse).
14 18 Pa.C.S. § 3124.1 (relating to sexual assault).
15 18 Pa.C.S. § 3125 (relating to aggravated indecent
16 assault).
17 18 Pa.C.S. § 3301(a)(1)(i) (relating to arson and related
18 offenses).
19 18 Pa.C.S. § 3502 (relating to burglary) in the case of
20 burglary of a structure adapted for overnight accommodation
21 in which at the time of the offense any person is present.
22 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to
23 robbery).
24 18 Pa.C.S. § 3702 (relating to robbery of motor vehicle).
25 18 Pa.C.S. § 7508 (a)(1)(iii), (2)(iii), (3)(iii) or
26 (4)(iii) (relating to drug trafficking sentencing and
27 penalties).
28 "Motivational boot camp." A program in which eligible
29 inmates participate for a period of six months in a humane
30 program for motivational boot camp programs which shall provide
20050S0506B2245 - 110 -
1 for rigorous physical activity, intensive regimentation and
2 discipline, work on public projects, substance abuse treatment
3 services licensed by the Department of Health, continuing
4 education, vocational training, prerelease counseling and
5 community corrections aftercare.
6 § 3904. Selection of inmate participants.
7 (a) Duties of commission.--Through the use of sentencing
8 guidelines, the commission shall employ the definition of
9 "eligible inmate" as provided in this chapter to further
10 identify inmates who would be appropriate for participation in a
11 motivational boot camp.
12 (b) Duties of sentencing judge.--The sentencing judge shall
13 employ the sentencing guidelines to identify those defendants
14 who are eligible for participation in a motivational boot camp.
15 The judge shall have the discretion to exclude a defendant from
16 eligibility if the judge determines that the defendant would be
17 inappropriate for placement in a motivational boot camp. The
18 judge shall note on the sentencing order whether the defendant
19 has been identified as eligible for a motivational boot camp
20 program.
21 (c) Duties of department.--The secretary shall promulgate
22 rules and regulations providing for inmate selection criteria
23 and the establishment of motivational boot camp selection
24 committees within each diagnostic and classification center of
25 the department.
26 § 3905. Motivational boot camp program.
27 (a) Establishment.--There is hereby established in the
28 department a motivational boot camp program.
29 (b) Program objectives.--The objectives of the program are:
30 (1) To protect the health and safety of the Commonwealth
20050S0506B2245 - 111 -
1 by providing a program which will reduce recidivism and
2 promote characteristics of good citizenship among eligible
3 inmates.
4 (2) To divert inmates who ordinarily would be sentenced
5 to traditional forms of confinement under the custody of the
6 department to motivational boot camps.
7 (3) To provide discipline and structure to the lives of
8 eligible inmates and to promote these qualities in the
9 postrelease behavior of eligible inmates.
10 (c) Rules and regulations.--
11 (1) The secretary shall promulgate rules and regulations
12 which shall include, but not be limited to, inmate
13 discipline, selection criteria, programming and supervision
14 and administration.
15 (2) The department shall provide four weeks of intensive
16 training for all staff prior to the start of their
17 involvement with the program.
18 (d) Approval.--Motivational boot camp programs may be
19 established only at correctional institutions classified by the
20 secretary as motivational boot camp institutions.
21 (e) Evaluation.--The department and the commission shall
22 monitor and evaluate the motivational boot camp programs to
23 ensure that the programmatic objectives are met. Both shall
24 present biennial reports of the evaluations to the Judiciary
25 Committee of the Senate and the Judiciary Committee of the House
26 of Representatives no later than February 1 in alternate years.
27 § 3906. Procedure for selection of participant in motivational
28 boot camp program.
29 (a) Application.--An eligible inmate may make an application
30 to the motivational boot camp selection committee for permission
20050S0506B2245 - 112 -
1 to participate in the motivational boot camp program.
2 (b) Selection.--If the selection committee determines that
3 an inmate's participation in the program is consistent with the
4 safety of the community, the welfare of the applicant, the
5 programmatic objectives and the rules and regulations of the
6 department, the committee shall forward the application to the
7 secretary or his designee for approval or disapproval.
8 (c) Conditions.--Applicants may not participate in the
9 motivational boot camp program unless they agree to be bound by
10 all the terms and conditions thereof and indicate their
11 agreement by signing a memorandum of understanding.
12 (d) Qualifications to participate.--Satisfaction of the
13 qualifications set forth in this section to participate does not
14 mean that an inmate will automatically be permitted to
15 participate in the program.
16 (e) Expulsion from program.--
17 (1) An inmate's participation in the motivational boot
18 camp unit may be suspended or revoked for administrative or
19 disciplinary reasons.
20 (2) The department shall develop regulations consistent
21 with this subsection.
22 § 3907. Completion of motivational boot camp program.
23 Upon certification by the department of the inmate's
24 successful completion of the program, the Pennsylvania Board of
25 Probation and Parole shall immediately release the inmate on
26 parole, notwithstanding any minimum sentence imposed in the
27 case. The parolee will be subject to intensive supervision for a
28 period of time determined by the board, after which the parolee
29 will be subject to the usual parole supervision. For all other
30 purposes, the parole of the inmate shall be as provided by
20050S0506B2245 - 113 -
1 Chapter 61 (relating to Pennsylvania Board of Probation and
2 Parole).
3 § 3908. Appeals.
4 Nothing in this chapter shall be construed to enlarge or
5 limit the right of an inmate to appeal his or her sentence.
6 CHAPTER 41
7 STATE INTERMEDIATE PUNISHMENT
8 Sec.
9 4101. Scope of chapter.
10 4102. Findings and purpose.
11 4103. Definitions.
12 4104. Referral to State intermediate punishment program.
13 4105. Drug offender treatment program.
14 4106. Written guidelines and regulations.
15 4107. Reports.
16 4108. Construction.
17 4109. Evaluation.
18 § 4101. Scope of chapter.
19 This chapter relates to State intermediate punishment.
20 § 4102. Findings and purpose.
21 The General Assembly finds as follows:
22 (1) Many crimes are committed by persons who, because of
23 their addiction to drugs or alcohol, are unable to maintain
24 gainful employment.
25 (2) These persons often commit crimes as a means of
26 obtaining the funds necessary to purchase drugs or alcohol.
27 (3) Many persons commit crimes while under the influence
28 of drugs or alcohol even though they are not addicted to such
29 substances in a clinical sense.
30 (4) Punishing persons who commit crimes is an important
20050S0506B2245 - 114 -
1 aspect of recognizing the harm that criminals visit upon
2 their victims.
3 (5) Many people who commit crimes will be able to become
4 law-abiding, contributing members of society if they are able
5 to obtain treatment for their drug or alcohol addiction or
6 abuse.
7 (6) The purpose of this chapter is to create a program
8 that punishes person who commit crimes, but also provides
9 treatment that offers the opportunity for those persons to
10 address their drug or alcohol addiction or abuse and thereby
11 reduce the incidents of recidivism and enhance public safety.
12 § 4103. Definitions.
13 The following words and phrases when used in this chapter
14 shall have the meanings given to them in this section unless the
15 context clearly indicates otherwise:
16 "Commission." The Pennsylvania Commission on Sentencing.
17 "Community-based therapeutic community." A long-term
18 residential addiction treatment program licensed by the
19 Department of Health to provide addiction treatment services
20 using a therapeutic community model and determined by the
21 Department of Corrections to be qualified to provide addiction
22 treatment to eligible offenders.
23 "Community corrections center." A residential program that
24 is supervised and operated by the Department of Corrections for
25 inmates with prerelease status or who are on parole.
26 "Court." The trial judge exercising sentencing jurisdiction
27 over an eligible offender under this chapter or the president
28 judge if the original trial judge is no longer serving as a
29 judge of the sentencing court.
30 "Defendant." An individual charged with a drug-related
20050S0506B2245 - 115 -
1 offense.
2 "Department." The Department of Corrections of the
3 Commonwealth.
4 "Drug offender treatment program." An individualized
5 treatment program established by the Department of Corrections
6 consisting primarily of drug and alcohol addiction treatment
7 that satisfies the terms and conditions listed in section 4105
8 (relating to drug offender treatment program).
9 "Drug-related offense." A criminal offense for which a
10 defendant is convicted and that the court determines was
11 motivated by the defendant's consumption of or addiction to
12 alcohol or a controlled substance, counterfeit, designer drug,
13 drug, immediate precursor or marihuana, as those terms are
14 defined in the act of April 14, 1972 (P.L.233, No.64), known as
15 The Controlled Substance, Drug, Device and Cosmetic Act.
16 "Eligible offender." Subject to 42 Pa.C.S. § 9721(a.1)
17 (relating to sentencing generally), a defendant designated by
18 the sentencing court as a person convicted of a drug-related
19 offense who:
20 (1) Has undergone an assessment performed by the
21 Department of Corrections, which assessment has concluded
22 that the defendant is in need of drug and alcohol addiction
23 treatment and would benefit from commitment to a drug
24 offender treatment program and that placement in a drug
25 offender treatment program would be appropriate.
26 (2) Does not demonstrate a history of present or past
27 violent behavior.
28 (3) Would be placed in the custody of the department if
29 not sentenced to State intermediate punishment.
30 (4) Provides written consent permitting release of
20050S0506B2245 - 116 -
1 information pertaining to the defendant's participation in a
2 drug offender treatment program.
3 The term shall not include a defendant who is subject to a
4 sentence the calculation of which includes an enhancement for
5 the use of a deadly weapon, as defined pursuant to law or the
6 sentencing guidelines promulgated by the Pennsylvania Commission
7 on Sentencing, or a defendant who has been convicted of a
8 personal injury crime as defined in section 103 of the act of
9 November 24, 1998 (P.L.882, No.111), known as the Crime Victims
10 Act, or an attempt or conspiracy to commit such a crime or who
11 has been convicted of violating 18 Pa.C.S. § 4302 (relating to
12 incest), 5901 (relating to open lewdness), 6312 (relating to
13 abuse of children), 6318 (relating to unlawful contact with
14 minor) or 6320 (relating to sexual exploitation of children) or
15 Ch. 76 Subch. C (relating to Internet child pornography).
16 "Expulsion." The permanent removal of a participant from a
17 drug offender treatment program.
18 "Group home." A residential program that is contracted out
19 by the Department of Corrections to a private service provider
20 for inmates with prerelease status or who are on parole.
21 "Individualized drug offender treatment plan." An
22 individualized addiction treatment plan within the framework of
23 the drug offender treatment program.
24 "Institutional therapeutic community." A residential drug
25 treatment program in a State correctional institution,
26 accredited as a therapeutic community for treatment of drug and
27 alcohol abuse and addiction by the American Correctional
28 Association or other nationally recognized accreditation
29 organization for therapeutic community drug and alcohol
30 addiction treatment.
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1 "Outpatient addiction treatment facility." An addiction
2 treatment facility licensed by the Department of Health and
3 designated by the Department of Corrections as qualified to
4 provide addiction treatment to criminal justice offenders.
5 "Participant." An eligible offender actually sentenced to
6 State intermediate punishment pursuant to 42 Pa.C.S. §
7 9721(a)(7) (relating to sentencing generally).
8 "Transitional residence." A residence investigated and
9 approved by the Department of Corrections as appropriate for
10 housing a participant in a drug offender treatment program.
11 § 4104. Referral to State intermediate punishment program.
12 (a) Referral for evaluation.--
13 (1) Prior to imposing a sentence, the court may, upon
14 motion of the Commonwealth and agreement of the defendant,
15 commit a defendant to the custody of the department for the
16 purpose of evaluating whether the defendant would benefit
17 from a drug offender treatment program and whether placement
18 in the drug offender treatment program is appropriate.
19 (2) Upon committing a defendant to the department, the
20 court shall forward to the department:
21 (i) A summary of the offense for which the defendant
22 has been convicted.
23 (ii) Information relating to the defendant's history
24 of delinquency or criminality, including the information
25 maintained by the court pursuant to 42 Pa.C.S. Ch. 63
26 (relating to juvenile matters), when available.
27 (iii) Information relating to the defendant's
28 history of drug or alcohol abuse or addiction, when
29 available.
30 (iv) A presentence investigation report, when
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1 available.
2 (v) Any other information the court deems relevant
3 to assist the department with its assessment of the
4 defendant.
5 (b) Assessment of addiction.--
6 (1) The department shall conduct an assessment of the
7 addiction and other treatment needs of a defendant and
8 determine whether the defendant would benefit from a drug
9 offender treatment program. The assessment shall be conducted
10 using a nationally recognized assessment instrument or an
11 instrument that has been normed and validated on the
12 department's inmate population by a recognized expert in such
13 matters. The assessment instrument shall be administered by
14 persons skilled in the treatment of drug and alcohol
15 addiction and trained to conduct assessments. The assessments
16 shall be reviewed and approved by a supervisor with at least
17 three years of experience providing drug and alcohol
18 counseling services.
19 (2) The department shall conduct risk and other
20 assessments it deems appropriate and shall provide a report
21 of its assessment to the court, the defendant, the attorney
22 for the Commonwealth and the commission within 60 days of the
23 court's commitment of the defendant to the custody of the
24 department.
25 (c) Proposed drug offender treatment program.--If the
26 department in its discretion believes a defendant would benefit
27 from a drug offender treatment program and placement in the drug
28 offender treatment program is appropriate, the department shall
29 provide the court, the defendant, the attorney for the
30 Commonwealth and the commission with a proposed drug offender
20050S0506B2245 - 119 -
1 treatment program detailing the type of treatment proposed.
2 (d) Prerequisites for commitment.--Upon receipt of a
3 recommendation for placement in a drug offender treatment
4 program from the department and agreement of the attorney for
5 the Commonwealth and the defendant, the court may sentence an
6 eligible offender to a period of 24 months of State intermediate
7 punishment if the court finds that:
8 (1) The eligible offender is likely to benefit from
9 State intermediate punishment.
10 (2) Public safety would be enhanced by the eligible
11 offender's participation in State intermediate punishment.
12 (3) Sentencing the eligible offender to State
13 intermediate punishment would not depreciate the seriousness
14 of the offense.
15 (e) Consecutive probation.--Nothing in this chapter shall
16 prohibit the court from sentencing an eligible offender to a
17 consecutive period of probation. The total duration of the
18 sentence may not exceed the maximum term for which the eligible
19 offender could otherwise be sentenced.
20 (f) Applicability and program limitations.--The court may
21 not modify or alter the terms of the department's proposed
22 individualized drug offender treatment plan without the
23 agreement of the department and the attorney for the
24 Commonwealth.
25 (g) Videoconferencing.--The department shall make
26 videoconferencing facilities available to allow the court to
27 conduct proceedings necessary under this section when the
28 eligible offender has been committed to the custody of the
29 department pursuant to subsection (b).
30 § 4105. Drug offender treatment program.
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1 (a) Establishment.--The department shall establish and
2 administer a drug offender treatment program as a State
3 intermediate punishment. The program shall be designed to
4 address the individually assessed drug and alcohol abuse and
5 addiction needs of a participant and shall address other issues
6 essential to the participant's successful reintegration into the
7 community, including, but not limited to, educational and
8 employment issues.
9 (b) Duration and components.--Notwithstanding any credit to
10 which the defendant may be entitled under 42 Pa.C.S. § 9760
11 (relating to credit for time served), the duration of the drug
12 offender treatment program shall be 24 months and shall include
13 the following:
14 (1) A period in a State correctional institution of not
15 less than seven months. This period shall include:
16 (i) The time during which the defendants are being
17 evaluated by the department under section 4104(b)
18 (relating to referral to State intermediate punishment
19 program).
20 (ii) Following evaluation under subparagraph (i),
21 not less than four months shall be in an institutional
22 therapeutic community.
23 (2) A period of treatment in a community-based
24 therapeutic community of at least two months.
25 (3) A period of at least six months' treatment through
26 an outpatient addiction treatment facility. During the
27 outpatient addiction treatment period of the drug offender
28 treatment program, the participant may be housed in a
29 community corrections center or group home or placed in an
30 approved transitional residence. The participant must comply
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1 with any conditions established by the department regardless
2 of where the participant resides during the outpatient
3 addiction treatment portion of the drug offender treatment
4 program.
5 (4) A period of supervised reintegration into the
6 community for the balance of the drug offender treatment
7 program, during which the participant shall continue to be
8 supervised by the department and comply with any conditions
9 imposed by the department.
10 (c) Program management.--
11 (1) Consistent with the minimum time requirements set
12 forth in subsection (b), the department may transfer, at its
13 discretion, a participant between a State correctional
14 institution, an institutional therapeutic community, a
15 community-based therapeutic community, an outpatient
16 addiction treatment program and an approved transitional
17 residence. The department may also transfer a participant
18 back and forth between less restrictive and more restrictive
19 settings based upon the participant's progress or regression
20 in treatment or for medical, disciplinary or other
21 administrative reasons.
22 (2) This subsection shall be construed to provide the
23 department with the maximum flexibility to administer the
24 drug offender treatment program both as a whole and for
25 individual participants.
26 (d) Right of refusal to admit.--The administrator of a
27 community-based therapeutic community or outpatient addiction
28 treatment facility may refuse to accept a participant whom the
29 administrator deems to be inappropriate for admission and may
30 immediately discharge to the custody of the department any
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1 participant who fails to comply with facility rules and
2 treatment expectations or refuses to constructively engage in
3 the treatment process.
4 (e) Notice to court of completion of program.--When the
5 department determines that a participant has successfully
6 completed the drug offender treatment program, it shall notify
7 the sentencing court, the attorney for the Commonwealth and the
8 commission.
9 (f) Expulsion from program.--
10 (1) A participant may be expelled from the drug offender
11 treatment program at any time in accordance with guidelines
12 established by the department, including failure to comply
13 with administrative or disciplinary procedures or
14 requirements set forth by the department.
15 (2) The department shall promptly notify the court, the
16 defendant, the attorney for the Commonwealth and the
17 commission of the expulsion of a participant from the drug
18 offender treatment program and the reason for such expulsion.
19 The participant shall be housed in a State correctional
20 institution or county jail pending action by the court.
21 (3) The court shall schedule a prompt State intermediate
22 punishment revocation hearing pursuant to 42 Pa.C.S. § 9774
23 (relating to revocation of State intermediate punishment
24 sentence).
25 § 4106. Written guidelines and regulations.
26 The department shall develop written guidelines for
27 participant selection criteria and the establishment of drug
28 offender treatment program selection committees within each
29 diagnostic and classification center of the department and shall
30 address suspensions and expulsions from the drug offender
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1 treatment program. The guidelines shall not be subject to the
2 act of June 25, 1982 (P.L.633, No.181), known as the Regulatory
3 Review Act, and shall be effective for a period of two years
4 upon publication in the Pennsylvania Bulletin. The guidelines
5 shall be replaced by regulations promulgated by the department
6 consistent with the Regulatory Review Act within the two-year
7 period during which the guidelines are effective. The
8 regulations shall include a requirement that community-based
9 therapeutic communities utilized in the drug offender treatment
10 program be accredited as a therapeutic community for treatment
11 of drug and alcohol abuse and addiction by the Commission on
12 Accreditation of Rehabilitation Facilities or other nationally
13 recognized accreditation organization for community-based
14 therapeutic communities for drug and alcohol addiction
15 treatment.
16 § 4107. Reports.
17 (a) Final report.--The department shall provide a final
18 report to the court, the defendant, the attorney for the
19 Commonwealth and the commission on a participant's progress in
20 the drug offender treatment program.
21 (b) Evaluation and report to General Assembly.--The
22 department and the commission shall monitor and evaluate the
23 drug offender treatment program to ensure that the programmatic
24 objectives are met. In odd-numbered years, the department shall
25 present a report of its evaluation to the Judiciary Committee of
26 the Senate and the Judiciary Committee of the House of
27 Representatives no later than February 1. In even-numbered
28 years, the commission shall present a report of its evaluation
29 to the Judiciary Committee of the Senate and the Judiciary
30 Committee of the House of Representatives no later than February
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1 1. The report shall include:
2 (1) The number of offenders evaluated for the drug
3 offender treatment program.
4 (2) The number of offenders sentenced to the drug
5 offender treatment program.
6 (3) The number of offenders sentenced to a State
7 correctional institution who may have been eligible for the
8 drug offender treatment program.
9 (4) The number of offenders successfully completing the
10 drug offender treatment program.
11 (5) The six-month, one-year, three-year and five-year
12 recidivism rates for offenders who have completed the drug
13 offender treatment program and for a comparison group of
14 offenders who were not placed in the drug offender treatment
15 program.
16 (6) Any changes the department or the commission
17 believes will make the drug offender treatment program more
18 effective.
19 § 4108. Construction.
20 Notwithstanding any other provision of law to the contrary,
21 this chapter shall not be construed to:
22 (1) Confer any legal right upon any individual,
23 including an individual participating in the drug offender
24 treatment program, to:
25 (i) participate in a drug offender treatment
26 program;
27 (ii) continue participation in a drug offender
28 treatment program;
29 (iii) modify the contents of the drug offender
30 treatment program; or
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1 (iv) file any cause of action in any court
2 challenging the department's determination that a
3 participant be suspended or expelled from or that a
4 participant has successfully completed or failed to
5 successfully complete treatment to be provided during any
6 portion of a drug offender treatment program.
7 (2) Enlarge or limit the right of a participant to
8 appeal the participant's sentence.
9 § 4109. Evaluation.
10 The department and the commission shall monitor and evaluate
11 the motivational boot camp program under Chapter 39 (relating to
12 motivational boot camp) to ensure that the programmatic
13 objectives are met. In even-numbered years, the department shall
14 present a report of its evaluation to the Judiciary Committee of
15 the Senate and the Judiciary Committee of the House of
16 Representatives no later than February 1. In odd-numbered years,
17 the commission shall present a report of its evaluation to the
18 Judiciary Committee of the Senate and the Judiciary Committee of
19 the House of Representatives no later than February 1.
20 CHAPTER 43
21 EXECUTION PROCEDURE AND METHOD
22 Sec.
23 4301. Definitions.
24 4302. Issuance of warrant.
25 4303. Terms of confinement.
26 4304. Method of execution.
27 4305. Witnesses to execution.
28 4306. Certification of chief administrator.
29 4307. Postmortem examination.
30 4308. Costs of execution and examination.
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1 § 4301. Definitions.
2 The following words and phrases when used in this chapter
3 shall have the meanings given to them in this section unless the
4 context clearly indicates otherwise:
5 "Victim." The term shall have the same meaning given to it
6 in section 103 of the act of November 24, 1998 (P.L.882,
7 No.111), known as the Crime Victims Act.
8 "Victim advocate." The victim advocate within the
9 Pennsylvania Board of Probation and Parole.
10 § 4302. Issuance of warrant.
11 (a) Time.--
12 (1) After the receipt of the record pursuant to 42
13 Pa.C.S. § 9711(i) (relating to sentencing procedure for
14 murder of the first degree), unless a pardon or commutation
15 has been issued, the Governor shall, within 90 days, issue a
16 warrant specifying a day for execution which shall be no
17 later than 60 days after the date the warrant is signed.
18 (2) If because of a reprieve or a judicial stay of the
19 execution the date of execution passes without imposition of
20 the death penalty, unless a pardon or commutation has been
21 issued, the Governor shall, within 30 days after receiving
22 notice of the termination of the reprieve or the judicial
23 stay, reissue a warrant specifying a day for execution which
24 shall be no later than 60 days after the date of reissuance
25 of the warrant.
26 (b) Secretary.--The warrant shall be directed to the
27 secretary commanding that the subject of the warrant be executed
28 on the day named in the warrant and in the manner prescribed by
29 law.
30 (c) Failure to timely comply.--If the Governor fails to
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1 timely comply with the provisions of this section and a pardon
2 or commutation has not been issued, the secretary shall, within
3 30 days following the Governor's failure to comply, schedule and
4 carry out the execution no later than 60 days from the date by
5 which the Governor was required to sign the warrant under
6 subsection (a).
7 § 4303. Terms of confinement.
8 Upon receipt of the warrant, the secretary shall, until
9 infliction of the death penalty or until lawful discharge from
10 custody, keep the inmate in solitary confinement. During the
11 confinement, no person shall be allowed access to the inmate
12 without an order of the sentencing court, except the following:
13 (1) The staff of the department.
14 (2) The inmate's counsel of record or other attorney
15 requested by the inmate.
16 (3) A spiritual adviser selected by the inmate or the
17 members of the immediate family of the inmate.
18 § 4304. Method of execution.
19 (a) Injection.--
20 (1) The death penalty shall be inflicted by injecting
21 the convict with a continuous intravenous administration of a
22 lethal quantity of an ultrashort-acting barbiturate in
23 combination with chemical paralytic agents approved by the
24 department until death is pronounced by the coroner. The
25 coroner shall issue the death certificate.
26 (2) The execution shall be supervised by the chief
27 administrator or his designee of the State correctional
28 institution designated by the department for the execution.
29 (b) Injection agents.--Notwithstanding section 13 of the act
30 of April 14, 1972 (P.L.233, No.64), known as The Controlled
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1 Substance, Drug, Device and Cosmetic Act, the secretary or his
2 designee may obtain the injection agents directly from a
3 pharmacist or manufacturer.
4 § 4305. Witnesses to execution.
5 (a) List of witnesses.--No person except the following shall
6 witness any execution under the provisions of this chapter:
7 (1) The chief administrator or his designee of the State
8 correctional institution where the execution takes place.
9 (2) Six reputable adult citizens selected by the
10 secretary.
11 (3) One spiritual adviser, when requested and selected
12 by the inmate.
13 (4) Not more than six duly accredited representatives of
14 the news media.
15 (5) Such staff of the department as may be selected by
16 the secretary.
17 (6) Not more than four victims registered with and
18 selected by the victim advocate.
19 (b) Witnesses.--The secretary may refuse participation by a
20 witness for safety or security reasons. The department shall
21 make reasonable efforts to provide victims a viewing area
22 separate and apart from the area to which other witnesses are
23 admitted.
24 (c) Confidentiality.--The identity of department employees,
25 department contractors or victims who participate in the
26 administration of an execution pursuant to this section shall be
27 confidential.
28 § 4306. Certification of chief administrator.
29 After the execution, the chief administrator or his designee
30 shall certify in writing, under oath or affirmation, to the
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1 court of the county where the inmate was sentenced to death that
2 the inmate was duly executed in accordance with this chapter.
3 The certificate shall be filed in the office of the clerk of
4 such court.
5 § 4307. Postmortem examination.
6 (a) General rule.--Immediately after execution, a postmortem
7 examination of the body of the inmate shall be made at the
8 discretion of the coroner of the county in which the execution
9 is performed. The coroner shall report the nature of any
10 examination made. This report shall be annexed to and filed with
11 the certificate required under section 4306 (relating to
12 certification of chief administrator).
13 (b) Disposition of body.--After the postmortem examination,
14 unless claimed by a relative or relatives, the department shall
15 be responsible for disposition of the body.
16 § 4308. Costs of execution and examination.
17 The actual and necessary costs of the execution and the
18 postmortem examination shall be paid by the department.
19 CHAPTER 59
20 MISCELLANEOUS PROVISIONS
21 Sec.
22 5901. Physical welfare of inmates.
23 5902. Contraband prohibited.
24 5903. Inmate uniforms.
25 5904. Assessment and collection of costs.
26 § 5901. Physical welfare of inmates.
27 (a) Physical exercise.--
28 (1) A chief administrator who may or shall have in
29 charge any inmate, whether the inmate has been tried or not,
30 shall provide the inmate with at least two hours of daily
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1 physical exercise in the open, weather permitting, and upon
2 such days on which the weather is inclement, with two hours
3 of daily physical exercise inside of the correctional
4 institution.
5 (2) The physical exercise must be safe and practical,
6 and the judges of several courts are to be the judges
7 thereof.
8 (3) Inmates in segregation or disciplinary status shall
9 receive a minimum of at least one hour of daily exercise five
10 days per week.
11 (b) Limitation.--The physical exercise required by
12 subsection (a) shall not be taken by an inmate within the
13 confines of his cell or room in which the inmate is confined.
14 (c) Applicability.--This section shall not apply to inmates
15 who are confined and not physically able to take the required
16 physical exercise.
17 § 5902. Contraband prohibited.
18 (a) Alcohol and drugs.--No spirituous or fermented liquors,
19 drug, medicine, poison, opium, morphine or any other kind or
20 character of narcotics shall, on any pretense whatever:
21 (1) be sold or given away in a correctional institution
22 or in any building appurtenant thereto, or on the land
23 granted to or owned or leased by the Commonwealth for the use
24 and benefit of inmates; or
25 (2) be brought into a 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 of and
28 benefit of inmates, without a written permit signed by the
29 physician of the correctional institution specifying the
30 quantity and quality of the liquor or narcotic which may be
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1 furnished to the inmate or employee in the prison and the
2 name of the inmate or employee for whom and the time when the
3 liquor or narcotic may be furnished, except the ordinary
4 hospital supply of the prisons.
5 (b) Permit.--The permit shall be delivered to and kept by
6 the chief administrator.
7 (c) No secured storage.--No spirituous or fermented liquor,
8 drug, medicine, poison, opium, morphine or any other kind or
9 character of narcotic shall be sold, given away or furnished,
10 either directly or indirectly, to an inmate, either in or
11 anywhere outside of the correctional institution, or be disposed
12 of in such manner or in such a place that it may be secured by
13 an inmate or employee of the prison.
14 (d) Tobacco.--Tobacco may be supplied and used, subject to
15 such regulations as may be adopted by the chief administrator.
16 (e) Weapons.--No weapon or other implement which may be used
17 to injure an inmate or person or in assisting an inmate to
18 escape from imprisonment shall:
19 (1) be sold, given away or furnished to an inmate in any
20 correctional institution or any building appurtenant thereto,
21 or on the land granted to or owned or leased by the
22 Commonwealth for the use and benefit of inmates;
23 (2) be brought into any correctional institution or any
24 building appurtenant thereto, or on to the land granted to or
25 owned or leased by the Commonwealth for the use and benefit
26 of inmates; or
27 (3) be sold, given away or furnished, either directly or
28 indirectly, to an inmate, either in or anywhere outside of
29 the correctional institution, or be disposed of in such a
30 manner or in such a place that it may be secured by an inmate
20050S0506B2245 - 132 -
1 in the correctional institution.
2 (f) Searches.--A chief administrator may search or cause to
3 have searched any person coming to the correctional institution
4 as a visitor, or in any other capacity, who is suspected of
5 having upon his person:
6 (1) any weapon or other implement which may be used to
7 injure an inmate or any other person or in assisting an
8 inmate to escape from imprisonment; or
9 (2) any spirituous or fermented liquor, drug, medicine,
10 poison, opium, morphine or any other kind or character of
11 narcotics.
12 (g) Penalty.--A person who violates any of the provisions of
13 this section commits a felony and shall, upon conviction, be
14 sentenced to pay a fine of not more than $1,000 or to
15 imprisonment for not more than five years, or both.
16 § 5903. Inmate uniforms.
17 While incarcerated, an inmate of a State correctional
18 institution shall wear identifiable prison uniforms and shall
19 not wear civilian clothing.
20 § 5904. Assessment and collection of costs.
21 (a) Power of department.--When the department determines
22 that there has been a financial loss or cost as a result of a
23 violation of a written rule governing inmate behavior,
24 including, but not limited to, property loss or damage or use of
25 a controlled substance, the department may require the inmate to
26 pay to the department, or to the person whose property has been
27 lost or damaged, the value of the property or the costs incurred
28 in the investigation and administrative review of the behavior.
29 (b) Procedures.--The department shall develop written
30 procedures relating to the determination, assessment and
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1 collection of the costs of losses due to inmate misconduct. When
2 the procedures have been adopted by the department, the
3 provisions of 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and
4 procedure of Commonwealth agencies) shall not apply to
5 proceedings conducted by the department under this section.
6 (c) Deduction from inmate's institutional account.--
7 (1) The department may deduct from an inmate's
8 institutional account the amount of any judgment, court-
9 ordered costs or assessments against the inmate under
10 subsection (a).
11 (2) Notice of the deduction shall be provided to the
12 inmate by certified mail or personal notice.
13 PART IV
14 PROBATION AND PAROLE
15 Chapter
16 61. Pennsylvania Board of Probation and Parole
17 63. County Probation Officers' Firearm Education and
18 Training
19 CHAPTER 61
20 PENNSYLVANIA BOARD OF PROBATION AND PAROLE
21 Subchapter
22 A. Preliminary Provisions
23 B. Administration
24 C. Powers and Duties
25 D. State Parole Agents
26 SUBCHAPTER A
27 PRELIMINARY PROVISIONS
28 Sec.
29 6101. Definitions.
30 6102. Operation of parole system generally.
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1 § 6101. Definitions.
2 The following words and phrases when used in this chapter
3 shall have the meanings given to them in this section unless the
4 context clearly indicates otherwise:
5 "Board." The Pennsylvania Board of Probation and Parole.
6 § 6102. Operation of parole system generally.
7 The parole system shall operate consistent with the following
8 provisions:
9 (1) The parole system provides several benefits to the
10 criminal justice system, including the provision of adequate
11 supervision of the offender while protecting the public, the
12 opportunity for the offender to become a useful member of
13 society and the diversion of appropriate offenders from
14 prison.
15 (2) In providing these benefits to the criminal justice
16 system, the board shall first and foremost seek to protect
17 the safety of the public.
18 (3) In addition to this goal, the board shall address
19 input by crime victims and, assist in the fair administration <--
20 of justice by ensuring the custody, control and treatment of
21 paroled offenders, CONSIDER GUIDELINES PROMULGATED BY THE <--
22 PENNSYLVANIA COMMISSION ON SENTENCING AND ENSURE THAT PAROLE
23 PROCEEDINGS, RELEASE AND RECOMMITMENT ARE ADMINISTERED IN AN
24 EFFICIENT AND TIMELY MANNER.
25 SUBCHAPTER B
26 ADMINISTRATION
27 Sec.
28 6111. Pennsylvania Board of Probation and Parole.
29 6112. Board chairperson.
30 6113. Board action.
20050S0506B2245 - 135 -
1 6114. Salaries of board members.
2 6115. Incompatible offices and removal.
3 6116. Meetings.
4 6117. Official seal.
5 6118. Offices.
6 6119. District directors.
7 6120. District office employees.
8 6121. Disciplinary action.
9 6122. Political activities.
10 6123. Advisory committee.
11 § 6111. Pennsylvania Board of Probation and Parole.
12 (a) Establishment.--The Pennsylvania Board of Probation and
13 Parole is reestablished as an independent administrative board
14 for the administration of the probation and parole laws of this
15 Commonwealth.
16 (b) Membership.--The board shall consist of nine members who
17 shall be appointed by the Governor, by and with the advice and
18 consent of a majority of the members of the Senate, and each of
19 whom shall hold office for a term of six years or until that
20 person's successor shall have been duly appointed and qualified,
21 but in no event more than 90 days beyond the expiration of that
22 person's appointed term.
23 (c) Vacancies.--
24 (1) Vacancies occurring in an office of member of the
25 board by expiration of term, death, resignation, removal or
26 for any other reason shall be filled in the manner provided
27 by section 8 of Article IV of the Constitution of
28 Pennsylvania for the remainder of the term.
29 (2) Whenever a board member's term expires, that
30 member's position shall be immediately deemed a vacancy, and
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1 the Governor shall nominate a person to fill that membership
2 position on the board within 90 days of the date of
3 expiration, even if the member continues to remain on the
4 board.
5 (d) Eligibility.--To be eligible to be appointed by the
6 Governor for membership on the board, an individual shall have
7 at least six years of professional experience in parole,
8 probation, social work or related areas, including one year in a
9 supervisory or administrative capacity, and a bachelor's degree.
10 Any equivalent combination of experience and training shall be
11 acceptable.
12 (e) General powers.--Subject to the provisions of this
13 chapter, the board shall have all the powers and shall perform
14 the duties generally vested in and imposed upon independent
15 administrative boards and commissions by the act of April 9,
16 1929 (P.L.177, No.175), known as The Administrative Code of
17 1929, and shall be subject to all the provisions of that act
18 applicable generally to independent administrative boards and
19 commissions.
20 § 6112. Board chairperson.
21 (a) Designation by Governor.--The Governor shall from time
22 to time, as the occasion may arise, designate one of the members
23 of the board to be its chairperson who shall:
24 (1) Direct the operations of the board and fulfill the
25 functions established by this chapter.
26 (2) Secure the effective application of the probation
27 system in all of the courts of this Commonwealth and the
28 enforcement of the probation laws.
29 (3) Preside at all meetings of the board.
30 (4) Perform all the duties and functions of chairperson,
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1 including organizing, staffing, controlling, directing and
2 administering the work of the staff.
3 (5) ADMINISTER THE PROCEEDINGS OF THE BOARD TO ENSURE <--
4 EFFICIENT AND TIMELY PROCEDURES FOR PAROLE BOARD DECISIONS,
5 PAROLE RELEASES AND RECOMMITMENTS.
6 (b) Alternate chairperson.--The board may designate one of
7 its members to act as alternate chairperson during the absence
8 or incapacity of the chairperson and, when so acting, the member
9 so designated shall have and perform all the powers and duties
10 of chairperson of the board, but shall not receive any
11 additional compensation for acting as chairperson.
12 (c) Subject to board policies and procedures.--The
13 chairperson and alternate chairperson, in performing the duties
14 of that office as they relate to parole, reparole and violation
15 and revocation proceedings, shall act in accordance with the
16 policies and procedures established by the board.
17 § 6113. Board action.
18 (a) Quorum.--
19 (1) A majority of the board shall constitute a quorum
20 for transacting business and, except as otherwise provided in
21 this chapter, a majority vote of those present at any meeting
22 shall be sufficient for any official action taken by the
23 board.
24 (2) Except as provided in subsections (b), (c) and (d),
25 no person shall be paroled or discharged from parole or have
26 his parole revoked, except by a majority of the entire
27 membership of the board.
28 (b) Panel decisions.--The board may make decisions on
29 parole, reparole, return or revocation in panels of two persons.
30 A panel shall consist of one board member and one hearing
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1 examiner or of two board members. Panels shall be appointed by
2 the chairperson or the chairperson's designee.
3 (c) Disagreement within panel.--
4 (1) If there is disagreement on a decision to parole
5 between the members of a panel, the matter shall be decided
6 by a board member appointed by the chairperson or the
7 chairperson's designee, who shall concur with one of the
8 original panel members.
9 (2) If there is disagreement on a revocation decision
10 between the members of the panel, the matter shall be decided
11 by three board members appointed by the chairperson or the
12 chairperson's designee; at least two of these members must
13 not have been on the disagreeing panel, if practicable.
14 (d) Appeal.--
15 (1) An interested party may appeal a revocation decision
16 within 30 days of the board's order. The decision shall be
17 reviewed by three board members appointed by the chairperson
18 or the chairperson's designee.
19 (2) If practicable, at least two of the board members
20 reviewing the decision must not have been on the panel whose
21 decision is being appealed. The three board members deciding
22 the appeal may affirm, reverse or remand the decision of the
23 panel or may order the matter be heard de novo.
24 § 6114. Salaries of board members.
25 The Executive Board shall determine the salaries to be paid
26 to the members of the board.
27 § 6115. Incompatible offices and removal.
28 (a) General rule.--The members of the board shall not hold
29 any other public office or employment nor engage in any
30 business, profession or employment during their terms of service
20050S0506B2245 - 139 -
1 as members thereof and shall hold their offices during the terms
2 for which they shall have been appointed.
3 (b) Procedure for removal.--
4 (1) A member of the board may be removed by the
5 Governor, by and with the advice and consent of two-thirds of
6 the members of the Senate.
7 (2) During a recess of the Senate, the Governor may
8 suspend a member of the board for cause, and before
9 suspension the Governor shall furnish to the member a
10 statement in writing of the reasons for the proposed
11 suspension of the member. The suspension shall operate and be
12 effective only until the adjournment of the next session of
13 the Senate following the suspension.
14 § 6116. Meetings.
15 (a) General rule.--As soon as may be convenient after their
16 appointment, the members of the board shall meet and organize.
17 (b) Appointment of secretary.--The members of the board
18 shall appoint a secretary, who:
19 (1) Shall not be a member of the board.
20 (2) Shall hold office at the pleasure of the board.
21 (3) Shall have such powers and perform such duties not
22 inconsistent with any law of this Commonwealth as the board
23 shall prescribe.
24 (4) Shall receive such compensation as the board shall
25 determine in conformity with the rules of the Executive
26 Board.
27 (c) Temporary secretary.--In the absence or incapacity of
28 the secretary to act, the board may designate such other person
29 as it may choose to perform temporarily the duties of secretary.
30 § 6117. Official seal.
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1 The board shall adopt an official seal by which its acts and
2 proceedings shall be authenticated and of which the courts shall
3 take judicial notice. The certificate of the chairperson of the
4 board, under the seal of the board and attested by the
5 secretary, shall be accepted in evidence in any judicial
6 proceeding in any court of this Commonwealth as adequate and
7 sufficient proof of the acts and proceedings of the board
8 referenced in the certificate.
9 § 6118. Offices.
10 (a) Principal office.--The principal office of the board
11 shall be in Harrisburg, and the board shall appoint and employ
12 such number and character of officers, agents, clerks,
13 stenographers and employees as may be necessary to carry out the
14 purposes of this chapter. The salaries of persons so appointed
15 and employed by the board shall be fixed by the board.
16 (b) District offices.--The board, with the approval of the
17 Governor, shall divide the Commonwealth for administrative
18 purposes into a suitable number of districts, not to exceed ten,
19 in each of which shall be a district office which shall have
20 immediate charge of the supervision of cases of probation and
21 parole arising in the courts of the judicial districts embraced
22 within its territorial limits, but, as occasion may require, the
23 supervision of particular parolees may be transferred by the
24 board to other appropriate parole districts.
25 (c) Location of district offices.--
26 (1) The board shall fix and determine the location of
27 the various district offices within their respective
28 districts, having regard to local conditions in each district
29 and to the most convenient and efficient functioning of the
30 office established in each district.
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1 (2) At each of the locations so fixed and determined,
2 the board shall provide such office accommodations,
3 furniture, equipment and supplies as may be reasonably
4 suitable and adequate for the proper handling and dispatch of
5 the parole business of the district.
6 (3) The board may enter into contracts on behalf of the
7 Commonwealth for such office accommodations, furniture,
8 equipment and supplies through the Department of General
9 Services.
10 (d) Consideration for fixing compensation.--In fixing
11 compensation for its officers, clerks and employees under the
12 provisions of this chapter, the board shall have regard to the
13 kind, grade or class of service to be rendered, and whenever any
14 standard compensation has been fixed by the Executive Board for
15 any kind, grade or class of service or employment, the
16 compensation of all persons appointed or employed by the board
17 in the same kind, grade or class shall be fixed by it in
18 accordance with such standard.
19 § 6119. District directors.
20 (a) Establishment.--Each district parole office shall be in
21 charge of a district director who:
22 (1) Shall be appointed by the board, with the approval
23 of the Governor.
24 (2) Shall receive such annual salary as the board shall
25 determine in conformity with the rules of the Executive
26 Board.
27 (b) Status and role.--The district director shall be the
28 executive head of the district office to which the district
29 supervisor is appointed and shall have the control, management
30 and direction of all employees of the board assigned to the
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1 district, subject to the supervision of the board.
2 § 6120. District office employees.
3 (a) Board to appoint.--The board shall appoint in the
4 various district offices a sufficient number of parole officers,
5 clerks, stenographers and other agents and employees to fully
6 and efficiently administer the parole laws of this Commonwealth,
7 but no employee of the board, other than its secretary and
8 district supervisors, shall be appointed by the board except in
9 the manner provided by this chapter.
10 (b) Salaries and qualifications.--The salaries of the
11 appointees in subsection (a) shall be fixed by the board. The
12 board shall from time to time by appropriate rule or regulation
13 prescribe the qualifications to be possessed by its personnel.
14 The qualifications shall be such as will best promote the
15 efficient operation of probation and parole.
16 § 6121. Disciplinary action.
17 (a) General rule.--Except as otherwise provided in
18 subsection (b), an employee of the board, excluding the
19 secretary and district supervisors, may be removed, discharged
20 or reduced in pay or position only for cause and after being
21 given the reasons therefor in writing and afforded an
22 opportunity to be heard in answer thereto.
23 (b) Exception.--An employee may be suspended without pay and
24 without hearing for a period not exceeding 30 days, but the
25 reason or reasons for the suspension must be given to the
26 employee by the board in writing.
27 (c) Successive suspensions.--There shall not be any
28 successive suspensions of the same employee under this section.
29 § 6122. Political activities.
30 (a) General rule.--No member of the board, or officer, clerk
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1 or employee thereof, or any person officially connected with the
2 board:
3 (1) Shall take any active part in politics or be a
4 member of or delegate or alternate to any political
5 convention or be present at such convention, except in the
6 performance of that person's official duties under this
7 chapter.
8 (2) Shall serve as a member of or attend the meetings of
9 any committee of any political party, or take any part in
10 political management or political campaigns, or use that
11 person's office to influence political movements, or to
12 influence the action of any other officer, clerk or employee
13 of the board.
14 (3) Shall in any way or manner interfere with or
15 participate in the conduct of any election or the preparation
16 therefor at the polling place, or with the election officers
17 while counting the votes or returning the ballot boxes,
18 books, papers, election paraphernalia and machinery to the
19 place provided by law, or be within any polling place, except
20 for the purpose of voting as speedily as it reasonably can be
21 done or be otherwise within 50 feet or any polling place,
22 except for purposes of ordinary travel or residence during
23 the period of time beginning with one hour preceding the
24 opening of the polls for holding the election and ending with
25 the time when the election officers shall have finished
26 counting the votes and have left the polling place.
27 (4) Shall directly or indirectly make or give, demand or
28 solicit or be in any manner concerned in making, giving,
29 demanding, soliciting or receiving any assessments,
30 subscriptions or contributions, whether voluntary or
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1 involuntary, to any political party or for any political
2 purpose whatsoever.
3 (b) Penalty.--Any person who violates any of the provisions
4 of this section:
5 (1) Commits a misdemeanor of the third degree, and, upon
6 conviction thereof, shall be punished by a fine not exceeding
7 $500 and imprisonment not exceeding one year, or both.
8 (2) Shall forfeit that person's office or employment, as
9 the case may be.
10 (3) Shall not thereafter be appointed or employed by the
11 board in any position or capacity whatsoever.
12 (c) Dismissal required.--The board shall dismiss any
13 officer, clerk or employee thereof who shall violate this
14 section from that person's office or employment.
15 § 6123. Advisory committee.
16 (a) Establishment.--An advisory committee on probation is
17 reestablished to assist the board.
18 (b) Composition.--The advisory committee shall consist of
19 nine members, seven of whom shall be appointed by the Governor,
20 with the consent of a majority of the members of the Senate. At
21 least two shall be judges of courts of record of this
22 Commonwealth, at least one shall be a county commissioner, at
23 least one shall be a chief county probation officer, and the
24 remaining members shall be qualified in the field of probation
25 and parole either by training or experience. The President pro
26 tempore of the Senate and the Speaker of the House of
27 Representatives shall each appoint a member of their respective
28 houses to serve as members of the committee.
29 (c) Terms.--
30 (1) The term of a member hereafter appointed, except to
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1 fill a vacancy, shall be for four years and until their
2 successors have been appointed and qualified, but in no event
3 more than 90 days beyond the expiration of their appointed
4 term.
5 (2) The terms of members of the committee who are
6 appointed by virtue of holding an office as a member of the
7 General Assembly, judge or county commissioner shall continue
8 only so long as that person remains in that office.
9 (3) Vacancies occurring in an office of a member of the
10 advisory committee by expiration of term, death, resignation,
11 removal or for any other reason shall be filled in the manner
12 provided by section 8 of Article IV of the Constitution of
13 Pennsylvania for the remainder of the term.
14 (4) Whenever the term of an advisory committee member,
15 other than one who is a member of the General Assembly,
16 expires, that member's position shall be immediately deemed a
17 vacancy, and the Governor shall nominate a person to fill
18 that membership position on the committee within 90 days of
19 the date of expiration, even if the member continues to
20 remain on the committee. The Governor shall designate one of
21 the members of the committee as its chairperson.
22 (d) Reimbursement of expenses.--Each member of the advisory
23 committee shall be paid all reasonable and necessary travel and
24 other expenses incurred by him in the performance of his duties.
25 (e) Assistance to be provided.--The advisory committee shall
26 aid the chairperson and the board in formulating and reviewing
27 standards for probation personnel and probation services in the
28 counties.
29 SUBCHAPTER C
30 POWERS AND DUTIES
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1 Sec.
2 6131. General powers of board.
3 6132. Specific powers of board involving parolees.
4 6132.1. GUIDELINES. <--
5 6133. Probation services.
6 6134. Sentencing court to transmit records to board.
7 6135. Investigation of circumstances of offense.
8 6136. Right of access to inmates.
9 6137. Parole power.
10 6138. Violation of terms of parole.
11 6139. Parole procedure.
12 6140. Victim statements, testimony and participation in
13 hearing.
14 6141. General rules and special regulations.
15 § 6131. General powers of board.
16 (a) General rule.--The board shall have the power and its
17 duty shall be:
18 (1) To supervise and make presentence investigations and
19 reports as provided by law.
20 (2) To collect and maintain copies of all presentence
21 investigations and reports.
22 (3) To collect and maintain a record of all persons who
23 are placed on probation and parole.
24 (4) To collect, compile and publish statistical and
25 other information relating to probation and parole work in
26 all courts and such other information the board may deem of
27 value in probation service.
28 (5) To establish, by regulation, uniform Statewide
29 standards for:
30 (i) Presentence investigations.
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1 (ii) The supervision of probationers.
2 (iii) The qualifications for probation personnel.
3 (iv) Minimum salaries.
4 (v) Quality of probation service.
5 The standards for the qualifications of probation personnel
6 shall only apply to probation personnel appointed after the
7 date the standards are established. Should any probation
8 personnel appointed prior to the date the standards were
9 established fail to meet the standards, the court having
10 jurisdiction of such personnel may request the board to
11 establish in-service training for them in accordance with the
12 standards.
13 (6) To adopt regulations establishing specific
14 composition, functions and responsibilities for citizens
15 advisory committees and to receive reports, recommendations
16 or other input concerning parole policies and parole-related
17 concerns from the committees on a regular basis.
18 (7) To adopt regulations establishing criteria for board
19 acceptance of cases for supervision and presentence
20 investigations from counties that on December 31, 1985,
21 maintained adult probation offices and parole systems.
22 (8) To enter into contracts for purchasing community
23 services to assist parolees and to supplement existing
24 programs.
25 (9) To pay the cost of preparole drug screening tests
26 for inmates within the parole release jurisdiction of the
27 board, who are confined in a State or local correctional
28 facility, as required under section 6137 (relating to parole
29 power).
30 (10) To enter into contracts which provide for the
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1 continuous electronic monitoring of parolees.
2 (11) To establish and provide for intensive supervision
3 units and day reporting centers for the supervision of
4 parolees.
5 (b) Court-appointed probation officers to submit information
6 to board.--A court that appoints a probation officer shall
7 require the probation officer to submit to the board such
8 information as the board may require on forms prescribed and
9 furnished by the board.
10 (c) Access to county records.--The board shall have free and
11 ready access to all probation and parole records of any county.
12 § 6132. Specific powers of board involving parolees.
13 (a) General rule.--The board shall have exclusive power:
14 (1) (i) To parole and reparole, commit and recommit for
15 violations of parole and to discharge from parole all
16 persons sentenced by any court at any time to
17 imprisonment in a correctional facility.
18 (ii) This paragraph applies to inmates sentenced to
19 definite or flat sentences.
20 (2) (i) To supervise any person placed on parole, when
21 sentenced to a maximum period of less than two years, by
22 any judge of a court having criminal jurisdiction, when
23 the court may by special order direct supervision by the
24 board, in which case the parole case shall be known as a
25 special case and the authority of the board with regard
26 thereto shall be the same as provided in this chapter
27 with regard to parole cases within one of the
28 classifications set forth in this chapter.
29 (ii) Except for such special cases, the powers and
30 duties conferred by this section shall not extend to
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1 persons sentenced for a maximum period of less than two
2 years.
3 (3) TO DETAIN AND RECOMMIT A PERSON TO THE DEPARTMENT OF <--
4 CORRECTIONS FOR VIOLATION OF PAROLE UNLESS THE COUNTY PRISON
5 HAS AGREED TO MAKE ITS FACILITIES AVAILABLE FOR DETENTION AND
6 RECOMMITTAL OF PAROLE VIOLATORS.
7 (b) Construction.--Nothing contained in this section shall
8 be construed to prevent a court from paroling any person
9 sentenced by it for a maximum period of less than two years.
10 (c) Definition.--As used in this section, "period of two
11 years" means the entire continuous term of sentence to which a
12 person is subject, whether for one or more sentences, either to
13 simple imprisonment or to an indeterminate imprisonment as
14 authorized by law to be imposed for criminal offenses.
15 § 6132.1. GUIDELINES. <--
16 THE BOARD'S POWERS UNDER THIS SUBCHAPTER SHALL BE SUBJECT TO
17 THE GUIDELINES ESTABLISHED UNDER 42 PA.C.S. § 2154.3 (RELATING
18 TO ADOPTION OF GUIDELINES FOR STATE PAROLE). IN EVERY CASE IN
19 WHICH THE BOARD DEVIATES FROM THE GUIDELINES, IT SHALL PROVIDE A
20 CONTEMPORANEOUS WRITTEN STATEMENT FOR THE REASON FOR THE
21 DEVIATION.
22 § 6133. Probation services.
23 (a) General rule.--The board shall have exclusive power to
24 supervise any person placed on probation by any judge of a court
25 having criminal jurisdiction, when the court by special order
26 directs supervision by the board.
27 (b) Presentence investigations.--The board shall make
28 presentence investigations when requested to do so by the court.
29 (c) Grant-in-aid.--
30 (1) A county that provides additional probation staff
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1 for presentence investigations and improved probation
2 supervision and program shall receive a grant-in-aid from the
3 Commonwealth through the board for additional cost incurred
4 thereby but only to the extent that the additional staff and
5 program meet the qualifications and standards established by
6 the board.
7 (2) The grant-in-aid shall provide 80% of the personnel
8 salary costs incurred by a county to administer these
9 additional services and programs.
10 (3) If insufficient funds are appropriated, each county
11 shall receive a prorated reduction in the grant-in-aid.
12 (4) The board shall establish rules and regulations for
13 the allocation of funds available for such grants-in-aid.
14 (d) In-service training.--The board shall provide in-service
15 training for personnel of county probation offices when
16 requested to do so by the court having jurisdiction of the
17 probation office.
18 § 6134. Sentencing court to transmit records to board.
19 (a) Duty to transmit.--A court sentencing any person for a
20 term as to which power to parole is given to the board in this
21 chapter shall transmit to the board, within 30 days after the
22 imposition of the sentence:
23 (1) A copy of the notes of testimony of the sentencing
24 hearing that may have been filed of record in the case.
25 (2) Copies of any criminal identification records
26 secured from the Federal Bureau of Investigation.
27 (3) Copies of presentence investigation reports and
28 behavior clinic reports, if any were submitted to the court,
29 the last two of which records, being confidential records of
30 the court, shall be treated confidentially by the members of
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1 the board, who shall not permit examination of the records by
2 anyone other than its duly appointed agents or
3 representatives except upon court order.
4 (b) Recommendations from judge.--
5 (1) A judge may make at any time a recommendation to the
6 board respecting the person sentenced and the term of
7 imprisonment the judge believes that person should be
8 required to serve before a parole is granted to that person.
9 (2) A recommendation made by a judge under paragraph (1)
10 respecting the parole or terms of parole of a person shall be
11 advisory only. No order in respect to the recommendation made
12 or attempted to be made as a part of a sentence shall be
13 binding upon the board in performing the duties and functions
14 conferred on it by this chapter.
15 § 6135. Investigation of circumstances of offense.
16 (a) Duty to investigate.--The board, on the commitment to a
17 correctional facility of any person whom the board is given the
18 power to parole under this chapter, shall consider:
19 (1) The nature and circumstances of the offense
20 committed.
21 (2) Any recommendations made by the trial judge and
22 prosecuting attorney.
23 (3) The general character and background of the inmate.
24 (4) Participation by an inmate sentenced after February
25 19, 1999, and who is serving a sentence for a crime of
26 violence as defined in 42 Pa.C.S. § 9714(g) (relating to
27 sentences for second and subsequent offenses) in a victim
28 impact education program offered by the Department of
29 Corrections.
30 (5) The written or personal statement of the testimony
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1 of the victim or the victim's family submitted pursuant to
2 section 6140 (relating to victim statements, testimony and
3 participation in hearing).
4 (6) The notes of testimony of the sentencing hearing, if
5 any, together with such additional information regarding the
6 nature and circumstances of the offense committed for which
7 sentence was imposed as may be available.
8 (7) The conduct of the person while in prison and his
9 physical, mental and behavior condition and history, his
10 history of family violence and his complete criminal record.
11 (b) Cooperation of public officials.--A public official who
12 possesses such records or information shall furnish the records
13 or information to the board upon its request and without charge
14 so far as may be practicable while the case is recent.
15 § 6136. Right of access to inmates.
16 All prison officials shall:
17 (1) At all reasonable times grant access to any inmate
18 whom the board has power to parole to the members of the
19 board or its properly accredited representatives.
20 (2) At all reasonable times provide for the board or its
21 properly accredited representative facilities for
22 communicating with and observing an inmate while imprisoned.
23 (3) Furnish to the board from time to time such reports
24 concerning the conduct of inmates in their custody as the
25 board shall by general rule or special order require,
26 together with any other facts deemed pertinent in aiding the
27 board to determine whether such inmates shall be paroled.
28 § 6137. Parole power.
29 (a) General criteria for parole.--
30 (1) The board may release on parole any inmate to whom
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1 the power to parole is granted to the board by this chapter,
2 except an inmate condemned to death or serving life
3 imprisonment, whenever in its opinion:
4 (i) The best interests of the inmate justify or
5 require the inmate being paroled.
6 (ii) It does not appear that the interests of the
7 Commonwealth will be injured by the inmate being paroled.
8 (2) Parole shall be subject in every instance to the
9 Commonwealth's right to immediately retake and hold in
10 custody without further proceedings any parolee charged after
11 his parole with an additional offense until a determination
12 can be made whether to continue his parole status.
13 (3) The power to parole granted under this section to
14 the board may not be exercised in the board's discretion at
15 any time before, but only after, the expiration of the
16 minimum term of imprisonment fixed by the court in its
17 sentence or by the Board of Pardons in a sentence which has
18 been reduced by commutation.
19 (4) In no case shall the board act upon an application
20 of an inmate:
21 (i) whose term of imprisonment was commuted from
22 life to life on parole;
23 (ii) who was serving a term of imprisonment for a
24 crime of violence; or
25 (iii) who is serving a sentence under 42 Pa.C.S. §
26 9712 (relating to sentences for offenses committed with
27 firearms) unless the inmate has served at least one year
28 in a prerelease center.
29 (5) Upon parole, a parolee subject to paragraph (3)
30 shall be subject to weekly supervision for the first six
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1 months of parole.
2 (b) Preparole drug screening tests.--
3 (1) The board may not release a person on parole unless
4 the person achieves a negative result within 45 days prior to
5 the date of release in a screening test approved by the
6 Department of Health for the detection of the presence of
7 controlled substances or designer drugs under the act of
8 April 14, 1972 (P.L.233, No.64), known as The Controlled
9 Substance, Drug, Device and Cosmetic Act.
10 (2) The cost of these preparole drug screening tests for
11 inmates subject to the parole release jurisdiction of the
12 board, whether confined in a correctional institution or
13 county prison, shall be paid by the board. The board shall
14 establish rules and regulations for the payment of these
15 costs and may limit the types and cost of these screening
16 tests that would be subject to payment by the board.
17 (3) (i) The board shall establish, as a condition of
18 continued parole for a parolee who, as an inmate, tested
19 positive for the presence of a controlled substance or a
20 designer drug or who was paroled from a sentence arising
21 from a conviction under The Controlled Substance, Drug,
22 Device and Cosmetic Act or from a drug-related crime, the
23 parolee's achievement of negative results in such
24 screening tests randomly applied.
25 (ii) The random screening tests shall be performed
26 at the discretion of the board, and the parolee
27 undergoing the tests shall be responsible for the costs
28 of the tests.
29 (iii) The funds collected for the tests shall be
30 applied against the contract for such testing between the
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1 board and a testing laboratory approved by the Department
2 of Health.
3 (c) Crimes of violence.--The board may not release a person
4 who is sentenced after February 19, 1999, and is serving a
5 sentence for a crime of violence as defined in 42 Pa.C.S. §
6 9714(g) (relating to sentences for second and subsequent
7 offenses) on parole unless the person has received instruction
8 from the Department of Corrections on the impact of crime on
9 victims and the community.
10 (d) Power to recommit.--The board may, during the period for
11 which an inmate shall have been sentenced, recommit the inmate,
12 if paroled, for violation of the terms and conditions of his
13 parole and from time to time to reparole and recommit in the
14 same manner and with the same procedure as in the case of an
15 original parole or recommitment if, in the judgment of the
16 board:
17 (1) There is a reasonable probability that the inmate
18 will be benefited by paroling the inmate again.
19 (2) It does not appear that the interests of the
20 Commonwealth will be injured thereby.
21 (e) Notice to county probation department.--When the board
22 releases a parolee from a correctional facility, the board shall
23 provide written notice to the probation department located in
24 the county where the sentencing order was imposed of the release
25 and new address of the parolee.
26 § 6138. Violation of terms of parole.
27 (a) Convicted violators.--
28 (1) A parolee under the jurisdiction of the board
29 released from a correctional facility who, during the period
30 of parole or while delinquent on parole, commits a crime
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1 punishable by imprisonment, for which the parolee is
2 convicted or found guilty by a judge or jury or to which the
3 parolee pleads guilty or nolo contendere at any time
4 thereafter in a court of record, may at the discretion of the
5 board be recommitted as a parole violator.
6 (2) If the parolee's recommitment is so ordered, the
7 parolee shall be reentered to serve the remainder of the term
8 which the parolee would have been compelled to serve had the
9 parole not been granted and shall be given no credit for the
10 time at liberty on parole.
11 (3) The board may, in its discretion, reparole whenever,
12 in its opinion, the best interests of the inmate justify or
13 require the inmate's release on parole and it does not appear
14 that the interests of the Commonwealth will be injured
15 thereby.
16 (4) The period of time for which the parole violator is
17 required to serve shall be computed from and begin on the
18 date that the parole violator is taken into custody to be
19 returned to the institution as a parole violator.
20 (5) If a new sentence is imposed on the parolee, the
21 service of the balance of the term originally imposed shall
22 precede the commencement of the new term imposed in the
23 following cases:
24 (i) If a person is paroled from a State correctional
25 institution and the new sentence imposed on the person is
26 to be served in the State correctional institution.
27 (ii) If a person is paroled from a county prison and
28 the new sentence imposed upon him is to be served in the
29 same county prison. THE COUNTY PRISON HAS THE SOLE <--
30 DISCRETION TO TRANSFER THE PAROLEE TO THE CUSTODY OF THE
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1 DEPARTMENT OF CORRECTIONS.
2 (iii) In all other cases, the service of the new
3 term for the latter crime shall precede commencement of
4 the balance of the term originally imposed.
5 (6) Where the new term is to be served last or the
6 balance of the term originally imposed is to be served last,
7 and the service is, in either case, in any correctional
8 facility:
9 (i) Any person upon recommitment shall be sent to
10 the institution as shall be designated by the Secretary
11 of Corrections or his designee.
12 (ii) Any female person shall be recommitted to the
13 State Correctional Institution at Muncy.
14 (b) Subsequent arrest.--
15 (1) The formal filing of a charge after parole against a
16 parolee within this Commonwealth for any violation of the
17 laws of this Commonwealth shall constitute an automatic
18 detainer and permit the parolee to be taken into and held in
19 custody.
20 (2) The automatic detainer shall dissolve 15 days after
21 the parolee is taken into custody unless sooner waived or
22 otherwise superseded by direction of the supervising parole
23 office.
24 (3) The automatic detainer shall be in addition to and
25 not in lieu of any other detainer that prior to the effective
26 date of this chapter may have been lodged in such
27 circumstances.
28 (c) Technical violators.--
29 (1) A parolee under the jurisdiction of the board who is
30 released from a correctional facility and who, during the
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1 period of parole, violates the terms and conditions of his
2 parole, other than by the commission of a new crime of which
3 the parolee is convicted or found guilty by a judge or jury
4 or to which the parolee pleads guilty or nolo contendere in a
5 court of record, may be recommitted after a hearing before
6 the board.
7 (2) If the parolee is so recommitted, the parolee shall
8 be given credit for the time served on parole in good
9 standing but with no credit for delinquent time and may be
10 reentered to serve the remainder of the original sentence or
11 sentences.
12 (3) The remainder shall be computed by the board from
13 the time the parolee's delinquent conduct occurred for the
14 unexpired period of the maximum sentence imposed by the court
15 without credit for the period the parolee was delinquent on
16 parole. The parolee shall serve the remainder so computed
17 from the date the parolee is taken into custody on the
18 warrant of the board.
19 (4) The parolee shall be subject to reparole by the
20 board whenever in its opinion the best interests of the
21 inmate justify or require the parolee being reparoled and it
22 does not appear that the interests of the Commonwealth will
23 be injured reparoling the parolee.
24 (d) Recommitment.--A technical violator under subsection (c)
25 shall be recommitted to a correctional facility for service of
26 the balance of the term originally imposed as follows:
27 (1) If paroled from a county prison, to the same <--
28 institution or CUSTODY OF THE DEPARTMENT OF CORRECTIONS <--
29 UNLESS THE COUNTY PRISON FROM WHICH THE PAROLE VIOLATOR WAS
30 PAROLED HAS AGREED TO DETAIN OR RECOMMIT THE PAROLE VIOLATOR.
20050S0506B2245 - 159 -
1 THIS CLAUSE SHALL NOT BE CONSTRUED TO PREVENT THE TRANSFER OF
2 A PAROLE VIOLATOR SAME INSTITUTION OR to any other <--
3 institution to which THE VIOLATOR MAY BE legally transferred. <--
4 (2) If paroled from the State Correctional Institution
5 at Camp Hill and on recommitment the person has not attained
6 21 years of age, to the same institution.
7 (3) If paroled from the State Correctional Institution
8 at Muncy, to the same institution.
9 (4) If paroled from any other State correctional
10 institution, to the nearest correctional diagnostic and
11 classification center wherein the person shall be classified
12 for service of the balance of the term in the institution as
13 shall be designated by the Secretary of Corrections or his
14 designee.
15 § 6139. Parole procedure.
16 (a) Specific requirements.--
17 (1) The board may, subject to the provisions and
18 limitations set forth in section 6138 (relating to violation
19 of terms of parole), grant paroles of its own motion whenever
20 in its judgment the interests of justice require the granting
21 of these paroles.
22 (2) The board shall consider applications for parole by
23 an inmate or the inmate's attorney.
24 (3) Notwithstanding the provisions of paragraph (2), the
25 board shall not be required to consider nor dispose of an
26 application by an inmate or an inmate's attorney where a
27 parole decision has been issued by the board on that case
28 within one year of the date of the current application for
29 parole.
30 (4) Hearings of applications shall be held by the board
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1 whenever in its judgment hearings are necessary. Reasonable
2 rules and regulations shall be adopted by the board for the
3 presentation and hearing of applications for parole.
4 (5) Whenever an inmate is paroled by the board, whether
5 of its own motion or after hearing of an application for
6 parole, or whenever an application for parole is refused by
7 the board, a brief statement of the reasons for the board's
8 action shall be filed of record in the offices of the board
9 and shall be at all reasonable times open to public
10 inspection.
11 (6) In no case shall a parole be granted, or an
12 application for parole be dismissed, unless a board member,
13 hearing examiner or other person so designated by the board
14 shall have seen and heard the parolee in person in regard
15 thereto within six months prior to the granting or dismissal
16 thereof.
17 (7) The board shall dispose of the application within
18 six months of its filing.
19 (b) Reliance on reports.--In granting and revoking paroles,
20 and in discharging from parole, the members of the board acting
21 thereon shall not be required to personally hear or see all the
22 witnesses and evidence submitted to them for their action, but
23 they may act on the report submitted to them by their agents and
24 employees, together with any pertinent and adequate information
25 furnished to them by fellow members of the board or by others.
26 (c) Notice to district attorney.--At least ten days before
27 paroling an inmate on its own motion, the board shall give
28 written notice of the contemplated parole to the district
29 attorney of the county in which the inmate was sentenced, and,
30 in cases of hearings on applications for parole as provided for
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1 in this section, at least ten days' written notice of the time
2 and place fixed for such hearing shall be given either by the
3 board or by the applicant, as the board shall direct, to the
4 court and district attorney of the county in which the applicant
5 was sentenced.
6 § 6140. Victim statements, testimony and participation in
7 hearing.
8 (a) Duty of district attorney to provide notice.--
9 (1) The victim of the offense for which an inmate is
10 sentenced shall be notified by the district attorney
11 immediately following sentencing, in cases where the
12 defendant has been sentenced to a term of imprisonment, that
13 the victim or family member shall have the opportunity to
14 present a statement for the parole report to be considered at
15 the parole hearing or to testify to the parole board
16 expressing his opinion concerning the release of the inmate.
17 (2) The district attorney shall provide notice to a
18 member of the immediate family of the victim if the victim:
19 (i) is a juvenile;
20 (ii) is incapable of testifying; or
21 (iii) died as a result of the defendant's conduct.
22 (b) Notice of intent to submit statement.--In order to
23 submit a statement under subsection (a), a victim or family
24 member must notify the board of his intention to do so and
25 provide and keep current an appropriate mailing address with the
26 board.
27 (c) Contents of parole report.--The parole report may
28 include a statement concerning:
29 (1) The continuing nature and extent of any physical
30 harm or psychological or emotional harm or trauma suffered by
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1 the victim.
2 (2) The extent of any loss of earnings or ability to
3 work suffered by the victim.
4 (3) The continuing effect of the crime upon the victim's
5 family.
6 (d) Notice to persons who previously contacted the board.--
7 (1) At the time public notice is given that an inmate is
8 being considered for parole pursuant to this section, the
9 board shall also notify any victim or nearest relative who
10 has previously contacted the board of the availability to
11 provide a statement for inclusion in the parole report or to
12 present testimony for inclusion at the parole hearing.
13 (2) The board shall notify the person identified under
14 paragraph (1) at the person's last known mailing address. The
15 notification required by this section shall be given by the
16 board in the case of a parole to be granted pursuant to
17 section 6139 (relating to parole procedure) or by the court
18 in the case of a parole to be granted pursuant to section
19 6133 (relating to probation services).
20 (e) Notice of intent to present testimony.--The victim or
21 family member shall notify the board within 30 days from the
22 date of the notice of his intent to present testimony at the
23 parole hearing. This time period may be waived by the board for
24 good cause.
25 (f) Referral to hearing officer.--If the victim or family
26 member submits a written statement to the board subsequent to
27 notice, the statement shall be made a part of the board's file
28 on the inmate, and the inmate's case shall be referred to a
29 hearing officer designated to conduct parole release hearings.
30 (g) Assignment to hearing examiner.--If the victim or family
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1 member informs the board subsequent to notice being provided
2 that the person intends to testify, the chairperson shall assign
3 the inmate's case to a hearing examiner for the purpose of
4 receiving the person's testimony.
5 (h) Hearing procedure.--
6 (1) The assigned hearing examiner shall conduct a
7 hearing within 30 days from the date the board received
8 notification of the intent to offer testimony.
9 (2) The hearing shall be conducted at a time and place
10 and on a date determined by the chairperson or designee.
11 Notice of the time, place and date of the hearing shall be
12 provided to the victim or family member, in writing, and
13 shall be mailed at least ten days prior to the hearing date.
14 (3) The hearing shall be recorded by an electronic
15 recording device.
16 (4) The hearing examiner shall prepare a written report
17 within a reasonable amount of time prior to the hearing date.
18 A copy of the report shall be forwarded to the person
19 offering testimony. A copy of the report shall be made a part
20 of the board's file on the inmate.
21 (5) Upon completion of the written report, the inmate's
22 case shall be referred to a hearing examiner designated to
23 conduct parole release hearings.
24 (6) (i) The hearing scheduled pursuant to this section
25 shall be conducted, when possible, prior to a parole
26 release hearing and prior to the board rendering a
27 decision.
28 (ii) Nothing in this section shall be construed to
29 preclude the board from conducting a timely parole
30 release hearing.
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1 (7) After submission of the report, the board shall
2 within a reasonable amount of time:
3 (i) Evaluate the information provided.
4 (ii) Determine whether the decision shall be
5 affirmed or modified.
6 (iii) Determine whether a rescission hearing shall
7 be conducted.
8 (iv) Notify the inmate in writing of its decision.
9 (8) Any and all statements or testimony of the victim or
10 family member submitted to the board pertaining to:
11 (i) the continuing nature and extent of any physical
12 harm or psychological or emotional harm or trauma
13 suffered by the victim;
14 (ii) the extent of any loss of earnings or ability
15 to work suffered by the victim; and
16 (iii) the continuing effect of the crime upon the
17 victim's family shall not be deemed confidential and
18 shall be released to the inmate unless the withholding of
19 the statements or testimony is requested by the victim
20 and the hearing officer determines that the release of
21 the statements or testimony would endanger the safety of
22 the person providing the statements or testifying. The
23 board on its own motion may for good cause identify all
24 or part of the statements or testimony as confidential.
25 (9) All records maintained by the board pertaining to
26 victims shall be kept separate and current address
27 information of the victim or family members shall be deemed
28 confidential.
29 (10) A victim or the family member who has submitted a
30 written statement for the parole report or testified at a
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1 hearing pursuant to this section shall be notified by the
2 board of the final decision rendered in the inmate's case.
3 (11) If the final decision is to not release the inmate
4 and if, subsequent to that decision, additional parole
5 release hearings are conducted for that same inmate, then the
6 victim or family member who has submitted a written statement
7 for the parole report or who has testified at a hearing
8 pursuant to this section shall be notified by the board at
9 the last known address if and when additional parole hearings
10 are scheduled by the board.
11 § 6141. General rules and special regulations.
12 The board may make general rules for the conduct and
13 supervision of persons placed on parole and may, in particular
14 cases, as it deems necessary to effectuate the purpose of
15 parole, prescribe special regulations for particular persons.
16 SUBCHAPTER D
17 STATE PAROLE AGENTS
18 Sec.
19 6151. Definitions.
20 6152. Status as peace officers.
21 6153. Supervisory relationship to offenders.
22 § 6151. Definitions.
23 The following words and phrases when used in this subchapter
24 shall have the meanings given to them in this section unless the
25 context clearly indicates otherwise:
26 "Agent." A State parole agent appointed by the board.
27 "Conditions of supervision." Any terms or conditions of the
28 offender's supervision, whether imposed by the court, the board
29 or an agent, including compliance with all requirements of
30 Federal, State and local law.
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1 "Contraband." Any item that the offender is not permitted to
2 possess under the conditions of supervision, including any item
3 whose possession is forbidden by any Federal, State or local
4 law.
5 "Court." The court of common pleas or any judge thereof, the
6 Philadelphia Municipal Court or any judge thereof, the
7 Pittsburgh Magistrates Court or any judge thereof or any
8 magisterial district judge.
9 "Exigent circumstances." The term includes, but is not
10 limited to, suspicion that contraband or other evidence of
11 violations of the conditions of supervision might be destroyed
12 or suspicion that a weapon might be used. Exigent circumstances
13 always exist with respect to a vehicle.
14 "Offender." Any person subject to the parole or probationary
15 supervision of the board.
16 "Personal search." A warrantless search of an offender's
17 person, including, but not limited to, the offender's clothing
18 and any personal property which is in the possession, within the
19 reach or under the control of the offender.
20 "Property search." A warrantless search of real property,
21 vehicle or personal property which is in the possession or under
22 the control of the offender.
23 "Real property." Any residence or business property of an
24 offender, including all portions of the property to which the
25 offender has access.
26 "Supervisor." Any individual acting in a supervisory or
27 administrative capacity.
28 § 6152. Status as peace officers.
29 An agent is declared to be a peace officer and is given
30 police power and authority throughout this Commonwealth to
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1 arrest without warrant, writ, rule or process any parolee or
2 probationer under the supervision of the board for failing to
3 report as required by the terms of his probation or parole or
4 for any other violation of the probation or parole.
5 § 6153. Supervisory relationship to offenders.
6 (a) General rule.--Agents in a supervisory relationship with
7 their offenders. The purpose of this supervision is to assist
8 the offenders in their rehabilitation and reassimilation into
9 the community and to protect the public.
10 (b) Searches and seizures authorized.--
11 (1) Agents may search the person and property of
12 offenders in accordance with the provisions of this section.
13 (2) Nothing in this section shall be construed to permit
14 searches or seizures in violation of the Constitution of the
15 United States or section 8 of Article I of the Constitution
16 of Pennsylvania.
17 (c) Effect of violation.--No violation of this section shall
18 constitute an independent ground for suppression of evidence in
19 any probation or parole proceeding or criminal proceeding.
20 (d) Grounds for personal search of offender.--
21 (1) A personal search of an offender may be conducted by
22 an agent:
23 (i) if there is a reasonable suspicion to believe
24 that the offender possesses contraband or other evidence
25 of violations of the conditions of supervision;
26 (ii) when an offender is transported or taken into
27 custody; or
28 (iii) upon an offender entering or leaving the
29 securing enclosure of a correctional institution, jail or
30 detention facility.
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1 (2) A property search may be conducted by an agent if
2 there is reasonable suspicion to believe that the real or
3 other property in the possession of or under the control of
4 the offender contains contraband or other evidence of
5 violations of the conditions of supervision.
6 (3) Prior approval of a supervisor shall be obtained for
7 a property search absent exigent circumstances. No prior
8 approval shall be required for a personal search.
9 (4) A written report of every property search conducted
10 without prior approval shall be prepared by the agent who
11 conducted the search and filed in the offender's case record.
12 The exigent circumstances shall be stated in the report.
13 (5) The offender may be detained if he is present during
14 a property search. If the offender is not present during a
15 property search, the agent in charge of the search shall make
16 a reasonable effort to provide the offender with notice of
17 the search, including a list of the items seized, after the
18 search is completed.
19 (6) The existence of reasonable suspicion to search
20 shall be determined in accordance with constitutional search
21 and seizure provisions as applied by judicial decision. In
22 accordance with such case law, the following factors, where
23 applicable, may be taken into account:
24 (i) The observations of agents.
25 (ii) Information provided by others.
26 (iii) The activities of the offender.
27 (iv) Information provided by the offender.
28 (v) The experience of agents with the offender.
29 (vi) The experience of agents in similar
30 circumstances.
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1 (vii) The prior criminal and supervisory history of
2 the offender.
3 (viii) The need to verify compliance with the
4 conditions of supervision.
5 (e) Nonresident offenders.--No agent shall conduct a
6 personal or property search of an offender who is residing in a
7 foreign state except for the limited purposes permitted under
8 the Interstate Compact for the Supervision of Offenders and
9 Probationers. The offender is held accountable to the rules of
10 both the sending state and the receiving state. Any personal or
11 property search of an offender residing in another state shall
12 be conducted by an agent of the receiving state.
13 (f) When authority is effective.--The authority granted to
14 agents under this section shall be effective upon enactment of
15 this section, without the necessity of any further regulation by
16 the board.
17 CHAPTER 63
18 COUNTY PROBATION OFFICERS'
19 FIREARM EDUCATION AND TRAINING
20 Sec.
21 6301. Short title of chapter.
22 6302. Definitions.
23 6303. County Probation Officers' Firearm Education and
24 Training Commission.
25 6304. Commission membership.
26 6305. Powers and duties of commission.
27 6306. Training mandatory.
28 6307. Requirements for program participation or waiver.
29 6308. County Probation Officers' Firearm Education
30 and Training Fund.
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1 6309. Applicability.
2 § 6301. Short title of chapter.
3 This chapter shall be known and may be cited as the County
4 Probation Officers' Firearm Education and Training Law.
5 § 6302. Definitions.
6 The following words and phrases when used in this chapter
7 shall have the meanings given to them in this section unless the
8 context clearly indicates otherwise:
9 "Board." The Pennsylvania Board of Probation and Parole.
10 "Certification." The assignment of a certification number to
11 a probation or parole officer after successful completion of a
12 mandatory basic training course or receipt of a waiver of basic
13 training from the County Probation Officers' Firearm Education
14 and Training Commission and successful completion of mandatory
15 training.
16 "Commission." The County Probation Officers' Firearm
17 Education and Training Commission.
18 "Fund." The County Probation Officers' Firearm Education and
19 Training Fund established under section 6308 (relating to County
20 Probation Officers' Firearm Education and Training Fund).
21 "Officer." A county probation or parole officer of this
22 Commonwealth.
23 "Program." The County Probation Officers' Firearm Education
24 and Training Program established in this chapter.
25 "School." A school currently approved by the Municipal
26 Police Officers' Education and Training Commission under 53
27 Pa.C.S. Ch. 21 Subch. D (relating to municipal police education
28 and training).
29 "Weapon-carrying officer." A county probation or parole
30 officer who is authorized to carry a weapon in connection with
20050S0506B2245 - 171 -
1 performance of the duties of the officer's employment.
2 § 6303. County Probation Officers' Firearm Education and
3 Training Commission.
4 The County Probation Officers' Firearm Education and Training
5 Commission is established under the Pennsylvania Board of
6 Probation and Parole. The commission shall establish within six
7 months following the appointment of commission members a County
8 Probation Officers' Firearm Education and Training Program to
9 provide firearm education and training in accordance with the
10 provisions of this chapter.
11 § 6304. Commission membership.
12 (a) Composition.--The commission shall be composed of the
13 chairman of the board and eight other members to be appointed by
14 the Governor:
15 (1) Three county adult probation officers who are full
16 members of the County Chief Adult Probation and Parole
17 Officers' Association of Pennsylvania, one of whom is a chief
18 adult probation officer from a county authorized to carry
19 firearms and two of whom are firearms instructors certified
20 as such by the National Rifle Association, the Pennsylvania
21 State Police or the Federal Bureau of Investigation.
22 (2) One member of the Pennsylvania Council of Chief
23 Juvenile Probation Officers.
24 (3) One representative of the Juvenile Court Judges'
25 Commission.
26 (4) One judge of a court of common pleas of a county
27 that employs officers who carry firearms.
28 (5) One director qualified under 53 Pa.C.S. Ch. 21
29 Subch. D (relating to municipal police education and
30 training).
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1 (6) One county commissioner from a county which employs
2 officers who carry firearms.
3 (b) Terms.--Terms of the members initially appointed shall
4 be three members for one year, three members for two years and
5 three members for three years, as designated by the Governor at
6 the time of appointment. Thereafter, terms shall be for three
7 years. Each member shall hold office until the expiration of the
8 term for which the member was selected or until the member's
9 earlier death, resignation or removal or until the member's
10 successor has been selected and qualified but in no event more
11 than six months beyond the expiration of the member's appointed
12 term.
13 (c) Vacancies.--A person appointed to fill a vacancy created
14 by other than expiration of a term shall be appointed for the
15 unexpired term of the member who that person is to succeed in
16 the same manner as the original appointment.
17 (d) Compensation.--The members of the commission shall serve
18 without compensation but shall be reimbursed the necessary and
19 actual expenses incurred in attending the meetings of the
20 commission and in the performance of their duties under this
21 chapter.
22 (e) Organization.--The commission shall elect from among its
23 members a chairperson and other officers who shall hold office
24 at the pleasure of the commission. The commission shall act only
25 with the concurrence of the majority.
26 (f) Meetings and quorum.--The commission shall meet at least
27 four times each year until the program is implemented.
28 Thereafter, the commission shall meet as may be necessary, but
29 at least once annually. Special meetings may be called by the
30 chairperson of the commission or upon written request of three
20050S0506B2245 - 173 -
1 members. A quorum shall consist of four members of the
2 commission.
3 § 6305. Powers and duties of commission.
4 The powers and duties of the commission shall be as follows:
5 (1) To develop, establish and administer the minimum
6 courses of study and training and competency standards for
7 firearm training for county probation officers, including an
8 initial curriculum of at least 40 hours and including the
9 firing of a qualification course.
10 (2) To revoke an officer's certification for failing to
11 comply with educational and training requirements established
12 by the commission.
13 (3) To approve or revoke the approval for the purposes
14 of this chapter of any school that may be utilized to comply
15 with the educational and training requirements as established
16 by the commission.
17 (4) To establish the minimum qualifications for
18 instructors, to approve or revoke the approval of any
19 instructor and to develop the requirements for continued
20 certification.
21 (5) To promote the most efficient and economical program
22 for training by utilizing existing facilities, programs and
23 qualified Federal, State and local police personnel.
24 (6) To make an annual report to the Governor and to the
25 General Assembly concerning:
26 (i) The administration of the program.
27 (ii) The activities of the commission, together with
28 any recommendations for executive or legislative actions.
29 (7) To require in accordance with this chapter county
30 probation officers to attend a minimum number of hours in in-
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1 service training as provided for by regulation, unless the
2 officer's employer files a show-cause document with the
3 commission, requesting additional time for the officer to
4 comply with the in-service training requirements. Approval of
5 the request shall be made by the commission on a case-by-case
6 basis.
7 (8) To appoint an administrative officer who shall serve
8 and be directly responsible to the commission.
9 (9) To consult and cooperate with universities,
10 colleges, community colleges and institutes for the
11 development of specialized courses for county probation and
12 parole officers.
13 (10) To consult and cooperate with departments and
14 agencies of this Commonwealth and other states and the
15 Federal Government concerned with county probation officer
16 training.
17 (11) To certify officers who have satisfactorily
18 completed basic educational and training requirements as
19 established by the commission and to issue appropriate
20 certificates to these officers.
21 (12) To visit and inspect approved schools at least once
22 every two years. This inspection requirement does not apply
23 where training is conducted locally at a satellite center
24 consisting of a classroom and shooting range.
25 (13) To make rules and regulations and to perform other
26 duties as may be reasonably necessary or appropriate to
27 implement the training program for county probation officers.
28 (14) To consider granting waivers of mandatory basic
29 training to county probation officers who have successfully
30 completed previous equivalent training.
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1 (15) To maintain certifications and other records as
2 necessary.
3 (16) To issue reports to the president judges of the
4 courts of common pleas relating to compliance with this
5 chapter.
6 § 6306. Training mandatory.
7 Within two years of the establishment of the County Probation
8 Officers' Firearm Education and Training Program and in
9 accordance with the provisions of this chapter, a county shall
10 provide for the training of any officer in its county probation
11 and parole department who carries a firearm. Following this two-
12 year period, a county shall provide that training and
13 certification requirements of this chapter are met prior to a
14 county probation officer being authorized to carry a firearm.
15 § 6307. Requirements for program participation or waiver.
16 In order to participate in the training program or be granted
17 a waiver of training requirements, at a minimum the officer
18 must:
19 (1) Be employed as a full-time county probation officer.
20 (2) Be a United States citizen.
21 (3) Not have been convicted of an offense graded a
22 misdemeanor of the first degree or greater or punishable by a
23 term of imprisonment of more than two years, unless in
24 possession of a waiver from the Bureau of Alcohol, Tobacco
25 and Firearms of the Department of the Treasury.
26 (4) Have had the officer's fingerprints submitted by the
27 officer's employer to the Pennsylvania State Police for the
28 purposes of a background investigation. The officer shall
29 have results of the investigation which indicate that the
30 requirements of paragraph (3) are met.
20050S0506B2245 - 176 -
1 § 6308. County Probation Officers' Firearm Education and
2 Training Fund.
3 (a) Fund established.--The County Probation Officers'
4 Firearm Education and Training Fund is established as a
5 restricted receipts account within the General Fund. Moneys from
6 the fund shall be used exclusively for the purposes described
7 under this section.
8 (b) Costs imposed.--
9 (1) A person who accepts Accelerated Rehabilitative
10 Disposition or pleads guilty or nolo contendere or is
11 convicted of a felony or misdemeanor shall, in addition to
12 any other court costs imposed under the laws of this
13 Commonwealth, be sentenced to pay costs of $5. Costs
14 collected by the clerk of courts under this subsection shall
15 be paid into the fund.
16 (2) Moneys in the fund shall be used to offset or pay
17 for:
18 (i) Training expenses.
19 (ii) Commission expenses.
20 (3) Disbursement and allocation of fund moneys shall be
21 at the discretion of the commission.
22 (c) Other moneys to be used.--In addition to payment of
23 training expenses as prescribed under subsection (b), training
24 expenses may also be paid out of the county offender supervision
25 fund under section 1102 of the act of November 24, 1998
26 (P.L.882, No.111), known as the Crime Victims Act, or any other
27 county fund.
28 (d) Juvenile probation officer participation.--In the event
29 that sufficient funds are not generated under the provisions of
30 subsection (b) to fully fund the costs of providing training to
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1 juvenile probation officers, a training fee representing the
2 prorated share of the additional actual cost thereof shall be
3 payable by a participating juvenile probation officer's county
4 of employment.
5 § 6309. Applicability.
6 This chapter shall apply to county juvenile probation, adult
7 probation officers only, and only such officers shall be
8 eligible for training under this chapter.
9 PART V
10 MISCELLANEOUS PROVISIONS
11 Chapter
12 71. Interstate Compacts
13 CHAPTER 71
14 INTERSTATE COMPACTS
15 Subchapter
16 A. Interstate Corrections Compact
17 B. Interstate Compact for the Supervision of Adult Offenders
18 C. Administrative Provisions
19 SUBCHAPTER A
20 INTERSTATE CORRECTIONS COMPACT
21 Sec.
22 7101. Short title of subchapter.
23 7102. Interstate Corrections Compact.
24 7103. Powers.
25 § 7101. Short title of subchapter.
26 This subchapter may be cited as the Interstate Corrections
27 Compact Act.
28 § 7102. Interstate Corrections Compact.
29 The Interstate Corrections Compact is hereby enacted into law
30 and entered into by this State with any other states legally
20050S0506B2245 - 178 -
1 joining therein in the form substantially as follows:
2 INTERSTATE CORRECTIONS COMPACT
3 ARTICLE I
4 Purpose and Policy
5 The party states, desiring by common action to fully utilize
6 and improve their institutional facilities and provide adequate
7 programs for the confinement, treatment and rehabilitation of
8 various types of offenders, declare that it is the policy of
9 each of the party states to provide such facilities and programs
10 on a basis of cooperation with one another, thereby serving the
11 best interests of such offenders and of society and effecting
12 economies in capital expenditures and operational costs. The
13 purpose of this compact is to provide for the mutual development
14 and execution of such programs of cooperation for the
15 confinement, treatment and rehabilitation of offenders with the
16 most economical use of human and material resources.
17 ARTICLE II
18 Definitions
19 As used in this compact, unless the context clearly requires
20 otherwise:
21 (a) "State" means a state of the United States; the United
22 States of America; a territory or possession of the United
23 States; the District of Columbia; the Commonwealth of Puerto
24 Rico.
25 (b) "Sending state" means a state party to this compact in
26 which conviction or court commitment was had.
27 (c) "Receiving state" means a state party to this compact to
28 which an inmate is sent for confinement other than a state in
29 which conviction or court commitment was had.
30 (d) "Inmate" means a male or female offender who is
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1 committed, under sentence to or confined in a penal or
2 correctional institution.
3 (e) "Institution" means any penal or correctional facility,
4 including but not limited to a facility for the mentally ill or
5 mentally defective, in which inmates as defined in (d) above may
6 lawfully be confined.
7 ARTICLE III
8 Contracts
9 (a) Each party state may make one or more contracts with any
10 one or more of the other party states for the confinement of
11 inmates on behalf of a sending state in institutions situated
12 within receiving states. Any such contract shall provide for:
13 1. Its duration.
14 2. Payments to be made to the receiving state by the sending
15 state for inmate maintenance, extraordinary medical and dental
16 expenses, and any participation in or receipt by inmates of
17 rehabilitative or correctional services, facilities, programs or
18 treatment not reasonably included as part of normal maintenance.
19 3. Participation in programs of inmate employment, if any,
20 the disposition or crediting of any payments received by inmates
21 on account thereof; and the crediting of proceeds from or
22 disposal of any products resulting therefrom.
23 4. Delivery and retaking of inmates.
24 5. Such other matters as may be necessary and appropriate to
25 fix the obligations, responsibilities and rights of the sending
26 and receiving states.
27 (b) The terms and provisions of this compact shall be a part
28 of any contract entered into by the authority of or pursuant
29 thereto, and nothing in any such contract shall be inconsistent
30 therewith.
20050S0506B2245 - 180 -
1 ARTICLE IV
2 Procedures and Rights
3 (a) Whenever the duly constituted authorities in a state
4 party to this compact, and which has entered into a contract
5 pursuant to Article III, shall decide that confinement in, or
6 transfer of an inmate to, an institution within the territory of
7 another party state is necessary or desirable in order to
8 provide adequate quarters and care or an appropriate program of
9 rehabilitation or treatment, said officials may direct that the
10 confinement be within an institution within the territory of
11 said other party state, the receiving state to act in that
12 regard solely as agent for the sending state.
13 (b) The appropriate officials of any state party to this
14 compact shall have access, at all reasonable times, to any
15 institution in which it has a contractual right to confine
16 inmates for the purpose of inspecting the facilities thereof and
17 visiting such of its inmates as may be confined in the
18 institution.
19 (c) Inmates confined in an institution pursuant to the terms
20 of this compact shall at all times be subject to the
21 jurisdiction of the sending state and may at any time be removed
22 therefrom for transfer to a prison or other institution within
23 the sending state, for transfer to another institution in which
24 the sending state may have a contractual or other right to
25 confine inmates, for release on probation or parole, for
26 discharge, or for any other purpose permitted by the laws of the
27 sending state; provided that the sending state shall continue to
28 be obligated to such payments as may be required pursuant to the
29 terms of any contract entered into under the terms of Article
30 III.
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1 (d) Each receiving state shall provide regular reports to
2 each sending state on the inmates of that sending state in
3 institutions pursuant to this compact including a conduct record
4 of each inmate and certify said record to the official
5 designated by the sending state, in order that each inmate may
6 have official review of his or her record in determining and
7 altering the disposition of said inmate in accordance with the
8 law which may obtain in the sending state and in order that the
9 same may be a source of information for the sending state.
10 (e) All inmates who may be confined in an institution
11 pursuant to the provisions of this compact shall be treated in a
12 reasonable and humane manner and shall be treated equally with
13 such similar inmates of the receiving state as may be confined
14 in the same institution. The fact of confinement in a receiving
15 state shall not deprive any inmate so confined of any legal
16 rights which said inmate would have had if confined in an
17 appropriate institution of the sending state.
18 (f) Any hearing or hearings to which an inmate confined
19 pursuant to this compact may be entitled by the laws of the
20 sending state may be had before the appropriate authorities of
21 the sending state, or of the receiving state if authorized by
22 the sending state. The receiving state shall provide adequate
23 facilities for such hearings as may be conducted by the
24 appropriate officials of a sending state. In the event such
25 hearing or hearings are had before officials of the receiving
26 state, the governing law shall be that of the sending state and
27 a record of the hearing or hearings as prescribed by the sending
28 state shall be made. Said record together with any
29 recommendations of the hearing officials shall be transmitted
30 forthwith to the official or officials before whom the hearing
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1 would have been had if it had taken place in the sending state.
2 In any and all proceedings had pursuant to the provisions of
3 this subdivision, the officials of the receiving state shall act
4 solely as agents of the sending state and no final determination
5 shall be made in any matter except by the appropriate officials
6 of the sending state.
7 (g) Any inmate confined pursuant to this compact shall be
8 released within the territory of the sending state unless the
9 inmate, and the sending and receiving states, shall agree upon
10 release in some other place. The sending state shall bear the
11 cost of such return to its territory.
12 (h) Any inmate confined pursuant to the terms of this
13 compact shall have any and all rights to participate in and
14 derive any benefits or incur or be relieved of any obligations
15 or have such obligations modified or his status changed on
16 account of any action or proceeding in which he could have
17 participated if confined in any appropriate institution of the
18 sending state located within such state.
19 (i) The parent, guardian, trustee, or other person or
20 persons entitled under the laws of the sending state to act for,
21 advise, or otherwise function with respect to any inmate shall
22 not be deprived of or restricted in his exercise of any power in
23 respect of any inmate confined pursuant to the terms of this
24 compact.
25 ARTICLE V
26 Acts Not Reviewable in Receiving State: Extradition
27 (a) Any decision of the sending state in respect of any
28 matter over which it retains jurisdiction pursuant to this
29 compact shall be conclusive upon and not reviewable within the
30 receiving state, but if at the time the sending state seeks to
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1 remove an inmate from an institution in the receiving state
2 there is pending against the inmate within such state any
3 criminal charge or if the inmate is formally accused of having
4 committed within such state a criminal offense, the inmate shall
5 not be returned without the consent of the receiving state until
6 discharged from prosecution or other form of proceeding,
7 imprisonment or detention for such offense. The duly accredited
8 officers of the sending state shall be permitted to transport
9 inmates pursuant to this compact through any and all states
10 party to this compact without interference.
11 (b) An inmate who escapes from an institution in which he is
12 confined pursuant to this compact shall be deemed a fugitive
13 from the sending state and from the state in which the
14 institution is situated. In the case of an escape to a
15 jurisdiction other than the sending or receiving state, the
16 responsibility for institution of extradition or rendition
17 proceedings shall be that of the sending state, but nothing
18 contained herein shall be construed to prevent or affect the
19 activities of officers and agencies of any jurisdiction directed
20 toward the apprehension and return of an escapee.
21 ARTICLE VI
22 Federal Aid
23 Any state party to this compact may accept Federal aid for
24 use in connection with any institution or program, the use of
25 which is or may be affected by this compact or any contract
26 pursuant hereto and any inmate in a receiving state pursuant to
27 this compact may participate in any such Federally aided program
28 or activity for which the sending and receiving states have made
29 contractual provisions, provided that if such program or
30 activity is not part of the customary correctional regimen, the
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1 express consent of the appropriate official of the sending state
2 shall be required therefor.
3 ARTICLE VII
4 Entry into Force
5 This compact shall enter into force and become effective and
6 binding upon the states so acting when it has been enacted into
7 law by any two states. Thereafter, this compact shall enter into
8 force and become effective and binding as to any other of said
9 states upon similar action by such state.
10 ARTICLE VIII
11 Withdrawal and Termination
12 This compact shall continue in force and remain binding upon
13 a party state until it shall have enacted a statute repealing
14 the same and providing for the sending of formal written notice
15 of withdrawal from the compact to the appropriate officials of
16 all other party states. An actual withdrawal shall not take
17 effect until one year after the notices provided in said statute
18 have been sent. Such withdrawal shall not relieve the
19 withdrawing state from its obligations assumed hereunder prior
20 to the effective date of withdrawal. Before the effective date
21 of withdrawal, a withdrawing state shall remove to its
22 territory, at its own expense, such inmates as it may have
23 confined pursuant to the provisions of this compact.
24 ARTICLE IX
25 Other Arrangements Unaffected
26 Nothing contained in this compact shall be construed to
27 abrogate or impair any agreement or other arrangement which a
28 party state may have with a non-party state for the confinement,
29 rehabilitation or treatment of inmates nor to repeal any other
30 laws of a party state authorizing the making of cooperative
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1 institutional arrangements.
2 ARTICLE X
3 Construction and Severability
4 The provisions of this compact shall be liberally construed
5 and shall be severable. If any phrase, clause, sentence or
6 provision of this compact is declared to be contrary to the
7 Constitution of any participating state or of the United States
8 or the applicability thereof to any government, agency, person
9 or circumstance is held invalid, the validity of the remainder
10 of this compact and the applicability thereof to any government,
11 agency, person or circumstance shall not be affected thereby. If
12 this compact shall be held contrary to the Constitution of any
13 state participating therein, the compact shall remain in full
14 force and effect as to the remaining states and in full force
15 and effect as to the state affected as to all severable matters.
16 § 7103. Powers.
17 The Attorney General or his designee is hereby authorized and
18 directed to do all things necessary or incidental to the
19 carrying out of the compact in every particular except that no
20 contract for the confinement of inmates in the institutions of
21 this State shall be entered into unless the Attorney General or
22 the Secretary of Corrections has first determined that the
23 inmates are acceptable, notwithstanding the provisions of
24 Article IX-B of the act of April 9, 1929 (P.L.177, No.175),
25 known as the Administrative Code of 1929. The Attorney General
26 or his designee shall not enter into a contract pursuant to
27 Article III of the compact relating to inmates who are mentally
28 ill or mentally retarded without consultation with the Secretary
29 of Public Welfare.
30 SUBCHAPTER B
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1 INTERSTATE COMPACT FOR THE SUPERVISION OF ADULT OFFENDERS
2 Sec.
3 7111. Short title of subchapter.
4 7112. Authority to execute compact.
5 7113. When and how compact becomes operative.
6 7114. State council and compact administrator.
7 § 7111. Short title of subchapter.
8 This subchapter shall be known and may be cited as the
9 Interstate Compact for the Supervision of Adult Offenders Act.
10 § 7112. Authority to execute compact.
11 The Governor of Pennsylvania, on behalf of this State, is
12 hereby authorized to execute a compact in substantially the
13 following form with any one or more of the states of the United
14 States, and the General Assembly hereby signifies in advance its
15 approval and ratification of such compact:
16 ARTICLE I
17 PURPOSE
18 The compacting states to this Interstate Compact recognize
19 that each state is responsible for the supervision of adult
20 offenders in the community who are authorized pursuant to the
21 Bylaws and Rules of this compact to travel across state lines
22 both to and from each compacting state in such a manner as to
23 track the location of offenders, transfer supervision authority
24 in an orderly and efficient manner, and when necessary return
25 offenders to the originating jurisdictions. The compacting
26 states also recognize that Congress, by enacting the Crime
27 Control Act, 4 U.S.C. § 112 (relating to compacts between States
28 for cooperation in prevention of crime; consent of Congress),
29 has authorized and encouraged compacts for cooperative efforts
30 and mutual assistance in the prevention of crime. It is the
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1 purpose of this compact and the Interstate Commission created
2 hereunder, through means of joint and cooperative action among
3 the compacting states: to provide the framework for the
4 promotion of public safety and protect the rights of victims
5 through the control and regulation of the interstate movement of
6 offenders in the community; to provide for the effective
7 tracking, supervision, and rehabilitation of these offenders by
8 the sending and receiving states; and to equitably distribute
9 the costs, benefits and obligations of the compact among the
10 compacting states. In addition, this compact will: create an
11 Interstate Commission which will establish uniform procedures to
12 manage the movement between states of adults placed under
13 community supervision and released to the community under the
14 jurisdiction of courts, paroling authorities, corrections or
15 other criminal justice agencies which will promulgate rules to
16 achieve the purpose of this compact; ensure an opportunity for
17 input and timely notice to victims and to jurisdictions where
18 defined offenders are authorized to travel or to relocate across
19 state lines; establish a system of uniform data collection,
20 access to information on active cases by authorized criminal
21 justice officials, and regular reporting of Compact activities
22 to heads of state councils, state executive, judicial, and
23 legislative branches and criminal justice administrators;
24 monitor compliance with rules governing interstate movement of
25 offenders and initiate interventions to address and correct non-
26 compliance; and coordinate training and education regarding
27 regulations of interstate movement of offenders for officials
28 involved in such activity. The compacting states recognize that
29 there is no "right" of any offender to live in another state and
30 that duly accredited officers of a sending state may at all
20050S0506B2245 - 188 -
1 times enter a receiving state and there apprehend and retake any
2 offender under supervision subject to the provisions of this
3 compact and Bylaws and Rules promulgated hereunder. It is the
4 policy of the compacting states that the activities conducted by
5 the Interstate Commission created herein are the formation of
6 public policies and are therefore public business.
7 ARTICLE II
8 DEFINITIONS
9 As used in this compact, unless the context clearly requires
10 a different construction:
11 "Adult" means both individuals legally classified as adults
12 and juveniles treated as adults by court order, statute, or
13 operation of law.
14 "Bylaws" means those Bylaws established by the Interstate
15 Commission for its governance, or for directing or controlling
16 the Interstate Commission's actions or conduct.
17 "Compact Administrator" means the individual in each
18 compacting state appointed pursuant to the terms of this compact
19 responsible for the administration and management of the state's
20 supervision and transfer of offenders subject to the terms of
21 this compact, the rules adopted by the Interstate Commission and
22 policies adopted by the State Council under this compact.
23 "Compacting state" means any state which has enacted the
24 enabling legislation for this compact.
25 "Commissioner" means the voting representative of each
26 compacting state appointed pursuant to Article III of this
27 compact.
28 "Interstate Commission" means the Interstate Commission for
29 Adult Offender Supervision established by this compact.
30 "Member" means the commissioner of a compacting state or
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1 designee, who shall be a person officially connected with the
2 commissioner.
3 "Non-compacting state" means any state which has not enacted
4 the enabling legislation for this compact.
5 "Offender" means an adult placed under, or subject to,
6 supervision as the result of the commission of a criminal
7 offense and released to the community under the jurisdiction of
8 courts, paroling authorities, corrections, or other criminal
9 justice agencies.
10 "Person" means any individual, corporation, business
11 enterprise, or other legal entity, either public or private.
12 "Rules" means acts of the Interstate Commission, duly
13 promulgated pursuant to Article VIII of this compact,
14 substantially affecting interested parties in addition to the
15 Interstate Commission, which shall have the force and effect of
16 law in the compacting states.
17 "State" means a state of the United States, the District of
18 Columbia and any other territorial possessions of the United
19 States.
20 "State Council" means the resident members of the State
21 Council for Interstate Adult Offender Supervision created by
22 each state under Article III of this compact.
23 ARTICLE III
24 THE COMPACT COMMISSION
25 The compacting states hereby create the "Interstate
26 Commission for Adult Offender Supervision." The Interstate
27 Commission shall be a body corporate and joint agency of the
28 compacting states. The Interstate Commission shall have all the
29 responsibilities, powers and duties set forth herein, including
30 the power to sue and be sued, and such additional powers as may
20050S0506B2245 - 190 -
1 be conferred upon it by subsequent action of the respective
2 legislatures of the compacting states in accordance with the
3 terms of this compact. The Interstate Commission shall consist
4 of Commissioners selected and appointed by resident members of a
5 State Council for Interstate Adult Offender Supervision for each
6 state.
7 In addition to the Commissioners who are the voting
8 representatives of each state, the Interstate Commission shall
9 include individuals who are not commissioners but who are
10 members of interested organizations; such non-commissioner
11 members must include a member of the national organizations of
12 governors, legislators, state chief justices, attorneys general
13 and crime victims. All non-commissioner members of the
14 Interstate Commission shall be ex-officio (non-voting) members.
15 The Interstate Commission may provide in its Bylaws for such
16 additional, ex-officio, non-voting members as it deems
17 necessary.
18 Each compacting state represented at any meeting of the
19 Interstate Commission is entitled to one vote. A majority of the
20 compacting states shall constitute a quorum for the transaction
21 of business, unless a larger quorum is required by the Bylaws of
22 the Interstate Commission.
23 The Interstate Commission shall meet at least once each
24 calendar year. The chairperson may call additional meetings and,
25 upon the request of 27 or more compacting states, shall call
26 additional meetings. Public notice shall be given of all
27 meetings and meetings shall be open to the public.
28 The Interstate Commission shall establish an Executive
29 Committee which shall include commission officers, members and
30 others as shall be determined by the Bylaws. The Executive
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1 Committee shall have the power to act on behalf of the
2 Interstate Commission during periods when the Interstate
3 Commission is not in session, with the exception of rulemaking
4 and/or amendment to the Compact. The Executive Committee
5 oversees the day-to-day activities managed by the Executive
6 Director and Interstate Commission staff; administers
7 enforcement and compliance with the provisions of the compact,
8 its Bylaws and as directed by the Interstate Commission and
9 performs other duties as directed by Commission or set forth in
10 the Bylaws.
11 ARTICLE IV
12 THE STATE COUNCIL
13 Each member state shall create a State Council for Interstate
14 Adult Offender Supervision which shall be responsible for the
15 appointment of the commissioner who shall serve on the
16 Interstate Commission from that state. Each state council shall
17 appoint as its commissioner the Compact Administrator from that
18 state to serve on the Interstate Commission in such capacity
19 under or pursuant to applicable law of the member state. While
20 each member state may determine the membership of its own state
21 council, its membership must include at least one representative
22 from the legislative, judicial, and executive branches of
23 government, victims groups and compact administrators. Each
24 compacting state retains the right to determine the
25 qualifications of the Compact Administrator who shall be
26 appointed by the Governor in consultation with the Legislature
27 and the Judiciary. In addition to appointment of its
28 commissioner to the National Interstate Commission, each state
29 council shall exercise oversight and advocacy concerning its
30 participation in Interstate Commission activities and other
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1 duties as may be determined by each member state, including, but
2 not limited to, development of policy concerning operations and
3 procedures of the compact within that state.
4 ARTICLE V
5 POWERS AND DUTIES OF THE INTERSTATE COMMISSION
6 The Interstate Commission shall have the following powers:
7 To adopt a seal and suitable Bylaws governing the
8 management and operation of the Interstate Commission.
9 To promulgate rules which shall have the force and effect
10 of statutory law and shall be binding in the compacting
11 states to the extent and in the manner provided in this
12 compact.
13 To oversee, supervise and coordinate the interstate
14 movement of offenders subject to the terms of this compact
15 and any Bylaws adopted and rules promulgated by the compact
16 commission.
17 To enforce compliance with compact provisions, Interstate
18 Commission rules, and Bylaws, using all necessary and proper
19 means, including, but not limited to, the use of judicial
20 process.
21 To establish and maintain offices.
22 To purchase and maintain insurance and bonds.
23 To borrow, accept, or contract for services of personnel,
24 including, but not limited to, members and their staffs.
25 To establish and appoint committees and hire staff which
26 it deems necessary for the carrying out of its functions
27 including, but not limited to, an executive committee as
28 required by Article III which shall have the power to act on
29 behalf of the Interstate Commission in carrying out its
30 powers and duties hereunder.
20050S0506B2245 - 193 -
1 To elect or appoint such officers, attorneys, employees,
2 agents, or consultants, and to fix their compensation, define
3 their duties and determine their qualifications; and to
4 establish the Interstate Commission's personnel policies and
5 programs relating to, among other things, conflicts of
6 interest, rates of compensation, and qualifications of
7 personnel.
8 To accept any and all donations and grants of money,
9 equipment, supplies, materials, and services, and to receive,
10 utilize, and dispose of same.
11 To lease, purchase, accept contributions or donations of,
12 or otherwise to own, hold, improve or use any property, real,
13 personal, or mixed.
14 To sell, convey, mortgage, pledge, lease, exchange,
15 abandon, or otherwise dispose of any property, real, personal
16 or mixed.
17 To establish a budget and make expenditures and levy dues
18 as provided in Article X of this compact.
19 To sue and be sued.
20 To provide for dispute resolution among Compacting
21 States.
22 To perform such functions as may be necessary or
23 appropriate to achieve the purposes of this compact.
24 To report annually to the legislatures, governors,
25 judiciary, and state councils of the compacting states
26 concerning the activities of the Interstate Commission during
27 the preceding year. Such reports shall also include any
28 recommendations that may have been adopted by the Interstate
29 Commission.
30 To coordinate education, training and public awareness
20050S0506B2245 - 194 -
1 regarding the interstate movement of offenders for officials
2 involved in such activity.
3 To establish uniform standards for the reporting,
4 collecting, and exchanging of data.
5 ARTICLE VI
6 ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
7 Section A. Bylaws
8 The Interstate Commission shall, by a majority of the
9 Members, within twelve months of the first Interstate Commission
10 meeting, adopt Bylaws to govern its conduct as may be necessary
11 or appropriate to carry out the purposes of the Compact,
12 including, but not limited to: establishing the fiscal year of
13 the Interstate Commission; establishing an executive committee
14 and such other committees as may be necessary; providing
15 reasonable standards and procedures:
16 (i) for the establishment of committees, and
17 (ii) governing any general or specific delegation of any
18 authority or function of the Interstate Commission;
19 providing reasonable procedures for calling and conducting
20 meetings of the Interstate Commission, and ensuring reasonable
21 notice of each such meeting; establishing the titles and
22 responsibilities of the officers of the Interstate Commission;
23 providing reasonable standards and procedures for the
24 establishment of the personnel policies and programs of the
25 Interstate Commission. Notwithstanding any civil service or
26 other similar laws of any Compacting State, the Bylaws shall
27 exclusively govern the personnel policies and programs of the
28 Interstate Commission; and providing a mechanism for winding up
29 the operations of the Interstate Commission and the equitable
30 return of any surplus funds that may exist upon the termination
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1 of the Compact after the payment and/or reserving of all of its
2 debts and obligations; providing transition rules for "start up"
3 administration of the Compact; establishing standards and
4 procedures for compliance and technical assistance in carrying
5 out the Compact.
6 Section B. Officers and Staff
7 The Interstate Commission shall, by a majority of the
8 Members, elect from among its Members a chairperson and a vice
9 chairperson, each of whom shall have such authorities and duties
10 as may be specified in the Bylaws. The chairperson or, in his or
11 her absence or disability, the vice chairperson, shall preside
12 at all meetings of the Interstate Commission. The Officers so
13 elected shall serve without compensation or remuneration from
14 the Interstate Commission; PROVIDED THAT, subject to the
15 availability of budgeted funds, the officers shall be reimbursed
16 for any actual and necessary costs and expenses incurred by them
17 in the performance of their duties and responsibilities as
18 officers of the Interstate Commission.
19 The Interstate Commission shall, through its executive
20 committee, appoint or retain an executive director for such
21 period, upon such terms and conditions and for such compensation
22 as the Interstate Commission may deem appropriate. The executive
23 director shall serve as secretary to the Interstate Commission,
24 and hire and supervise such other staff as may be authorized by
25 the Interstate Commission, but shall not be a Member.
26 Section C. Corporate Records of the Interstate Commission
27 The Interstate Commission shall maintain its corporate books
28 and records in accordance with the Bylaws.
29 Section D. Qualified Immunity, Defense and Indemnification
30 The Members, officers, executive director and employees of
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1 the Interstate Commission shall be immune from suit and
2 liability, either personally or in their official capacity, for
3 any claim for damage to or loss of property or personal injury
4 or other civil liability caused or arising out of any actual or
5 alleged act, error or omission that occurred within the scope of
6 Interstate Commission employment, duties or responsibilities;
7 PROVIDED, that nothing in this paragraph shall be construed to
8 protect any such person from suit and/or liability for any
9 damage, loss injury or liability caused by the intentional or
10 willful and wanton misconduct of any such person.
11 The Interstate Commission shall defend the Commissioner of a
12 Compacting State, or his or her representatives or employees, or
13 the Interstate Commission's representatives or employees, in any
14 civil action seeking to impose liability, arising out of any
15 actual or alleged act, error or omission that occurred within
16 the scope of Interstate Commission employment, duties or
17 responsibilities, or that the defendant had a reasonable basis
18 for believing occurred within the scope of Interstate Commission
19 employment, duties or responsibilities; PROVIDED, that the
20 actual or alleged act, error or omission did not result from
21 intentional wrongdoing on the part of such person.
22 The Interstate Commission shall indemnify and hold the
23 Commissioner of a Compacting State, the appointed designee or
24 employees, or the Interstate Commission's representatives or
25 employees, harmless in the amount of any settlement or judgment
26 obtained against such persons arising out of any actual or
27 alleged act, error or omission that occurred within the scope of
28 Interstate Commission employment, duties or responsibilities, or
29 that such persons had a reasonable basis for believing occurred
30 within the scope of Interstate Commission employment, duties or
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1 responsibilities, PROVIDED, that the actual or alleged act,
2 error or omission did not result from gross negligence or
3 intentional wrongdoing on the part of such person.
4 ARTICLE VII
5 ACTIVITIES OF THE INTERSTATE COMMISSION
6 The Interstate Commission shall meet and take such actions as
7 are consistent with the provisions of this Compact.
8 Except as otherwise provided in this Compact and unless a
9 greater percentage is required by the Bylaws, in order to
10 constitute an act of the Interstate Commission, such act shall
11 have been taken at a meeting of the Interstate Commission and
12 shall have received an affirmative vote of a majority of the
13 Members present.
14 Each Member of the Interstate Commission shall have the right
15 and power to cast a vote to which that Compacting State is
16 entitled and to participate in the business and affairs of the
17 Interstate Commission. A Member shall vote in person on behalf
18 of the state and shall not delegate a vote to another member
19 state. However, a State Council shall appoint another authorized
20 representative, in the absence of the commissioner from that
21 state, to cast a vote on behalf of the member state at a
22 specified meeting. The Bylaws may provide for Members'
23 participation in meetings by telephone or other means of
24 telecommunication or electronic communication. Any voting
25 conducted by telephone, or other means of telecommunication or
26 electronic communication shall be subject to the same quorum
27 requirements of meetings where members are present in person.
28 The Interstate Commission shall meet at least once during each
29 calendar year. The chairperson of the Interstate Commission may
30 call additional meetings at any time and, upon the request of a
20050S0506B2245 - 198 -
1 majority of the Members, shall call additional meetings.
2 The Interstate Commission's Bylaws shall establish conditions
3 and procedures under which the Interstate Commission shall make
4 its information and official records available to the public for
5 inspection or copying. The Interstate Commission may exempt from
6 disclosure any information or official records to the extent
7 they would adversely affect personal privacy rights or
8 proprietary interests. In promulgating such Rules, the
9 Interstate Commission may make available to law enforcement
10 agencies records and information otherwise exempt from
11 disclosure, and may enter into agreements with law enforcement
12 agencies to receive or exchange information or records subject
13 to nondisclosure and confidentiality provisions.
14 Public notice shall be given of all meetings and all meetings
15 shall be open to the public, except as set forth in the Rules or
16 as otherwise provided in the Compact. The Interstate Commission
17 shall promulgate Rules consistent with the principles contained
18 in the "Government in Sunshine Act," 5 U.S.C. Section 552(b), as
19 may be amended. The Interstate Commission and any of its
20 committees may close a meeting to the public where it determines
21 by two-thirds vote that an open meeting would be likely to:
22 relate solely to the Interstate Commission's internal
23 personnel practices and procedures;
24 disclose matters specifically exempted from disclosure by
25 statute;
26 disclose trade secrets or commercial or financial
27 information which is privileged or confidential;
28 involve accusing any person of a crime, or formally
29 censuring any person;
30 disclose information of a personal nature where
20050S0506B2245 - 199 -
1 disclosure would constitute a clearly unwarranted invasion of
2 personal privacy;
3 disclose investigatory records compiled for law
4 enforcement purposes;
5 disclose information contained in or related to
6 examination, operating or condition reports prepared by, or
7 on behalf of or for the use of, the Interstate Commission
8 with respect to a regulated entity for the purpose of
9 regulation or supervision of such entity;
10 disclose information, the premature disclosure of which
11 would significantly endanger the life of a person or the
12 stability of a regulated entity;
13 specifically relate to the Interstate Commission's
14 issuance of a subpoena, or its participation in a civil
15 action or proceeding.
16 For every meeting closed pursuant to this provision, the
17 Interstate Commission's chief legal officer shall publicly
18 certify that, in his or her opinion, the meeting may be closed
19 to the public, and shall reference each relevant exemptive
20 provision. The Interstate Commission shall keep minutes which
21 shall fully and clearly describe all matters discussed in any
22 meeting and shall provide a full and accurate summary of any
23 actions taken, and the reasons therefor, including a description
24 of each of the views expressed on any item and the record of any
25 roll call vote (reflected in the vote of each Member on the
26 question). All documents considered in connection with any
27 action shall be identified in such minutes.
28 The Interstate Commission shall collect standardized data
29 concerning the interstate movement of offenders as directed
30 through its Bylaws and Rules which shall specify the data to be
20050S0506B2245 - 200 -
1 collected and the means of collection and data exchange and
2 reporting requirements.
3 ARTICLE VIII
4 RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
5 The Interstate Commission shall promulgate Rules in order to
6 effectively and efficiently achieve the purposes of the Compact
7 including transition rules governing administration of the
8 Compact during the period in which it is being considered and
9 enacted by the states.
10 Rulemaking shall occur pursuant to the criteria set forth in
11 this Article and the Bylaws and Rules adopted pursuant thereto.
12 Such rulemaking shall substantially conform to the principles of
13 the Federal Administrative Procedure Act, 5 U.S.C. Ch. 5 Subchs.
14 II (relating to administrative procedure) and III (relating to
15 negotiated rulemaking procedure), and the Federal Advisory
16 Committee Act, 5 U.S.C.S. app. 2, section 1 et seq., as may be
17 amended (hereinafter "APA").
18 All Rules and amendments shall become binding as of the date
19 specified in each Rule or amendment.
20 If a majority of the legislatures of the Compacting States
21 rejects a Rule, by enactment of a statute or resolution in the
22 same manner used to adopt the compact, then such Rule shall have
23 no further force and effect in any Compacting State.
24 When promulgating a Rule, the Interstate Commission shall:
25 publish the proposed Rule stating with particularity the
26 text of the Rule which is proposed and the reason for the
27 proposed Rule;
28 allow persons to submit written data, facts, opinions and
29 arguments, which information shall be publicly available;
30 provide an opportunity for an informal hearing; and
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1 promulgate a final Rule and its effective date, if
2 appropriate, based on the rulemaking record.
3 Not later than sixty days after a Rule is promulgated, any
4 interested person may file a petition in the United States
5 District Court for the District of Columbia or in the Federal
6 District Court where the Interstate Commission's principal
7 office is located for judicial review of such Rule. If the court
8 finds that the Interstate Commission's action is not supported
9 by substantial evidence, (as defined in the APA), in the
10 rulemaking record, the court shall hold the Rule unlawful and
11 set it aside.
12 Subjects to be addressed within 12 months after the first
13 meeting must at a minimum include:
14 notice to victims and opportunity to be heard;
15 offender registration and compliance;
16 violations/ returns;
17 transfer procedures and forms;
18 eligibility for transfer;
19 collection of restitution and fees from offenders;
20 data collection and reporting;
21 the level of supervision to be provided by the receiving
22 state;
23 transition rules governing the operation of the compact
24 and the Interstate Commission during all or part of the
25 period between the effective date of the compact and the date
26 on which the last eligible state adopts the compact;
27 mediation, arbitration and dispute resolution.
28 The existing rules governing the operation of the previous
29 compact superseded by this Act shall be null and void twelve
30 (12) months after the first meeting of the Interstate Commission
20050S0506B2245 - 202 -
1 created hereunder.
2 Upon determination by the Interstate Commission that an
3 emergency exists, it may promulgate an emergency rule which
4 shall become effective immediately upon adoption, provided that
5 the usual rulemaking procedures provided hereunder shall be
6 retroactively applied to said rule as soon as reasonably
7 possible, in no event later than 90 days after the effective
8 date of the rule.
9 ARTICLE IX
10 OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION
11 BY THE INTERSTATE COMMISSION
12 Section A. Oversight
13 The Interstate Commission shall oversee the interstate
14 movement of adult offenders in the compacting states and shall
15 monitor such activities being administered in Non-compacting
16 States which may significantly affect Compacting States.
17 The courts and executive agencies in each Compacting State
18 shall enforce this Compact and shall take all actions necessary
19 and appropriate to effectuate the Compact's purposes and intent.
20 In any judicial or administrative proceeding in a Compacting
21 State pertaining to the subject matter of this Compact which may
22 affect the powers, responsibilities or actions of the Interstate
23 Commission, the Interstate Commission shall be entitled to
24 receive all service of process in any such proceeding, and shall
25 have standing to intervene in the proceeding for all purposes.
26 Section B. Dispute Resolution
27 The Compacting States shall report to the Interstate
28 Commission on issues or activities of concern to them, and
29 cooperate with and support the Interstate Commission in the
30 discharge of its duties and responsibilities.
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1 The Interstate Commission shall attempt to resolve any
2 disputes or other issues which are subject to the compact and
3 which may arise among Compacting States and Non-compacting
4 States.
5 The Interstate Commission shall enact a Bylaw or promulgate a
6 Rule providing for both mediation and binding dispute resolution
7 for disputes among the Compacting States.
8 Section C. Enforcement
9 The Interstate Commission, in the reasonable exercise of its
10 discretion, shall enforce the provisions of this compact using
11 any or all means set forth in Article XII, Section B, of this
12 compact.
13 Section D. Extradition
14 The duly accredited officers of a sending state may at all
15 times enter a receiving state, and there apprehend and retake
16 any person on probation or parole. For that purpose, no
17 formalities will be required other than establishing the
18 authority of the officer and the identity of the person to be
19 retaken. All legal requirements to obtain extradition of
20 fugitives from justice are hereby expressly waived on the part
21 of states party hereto as to such persons. The decision of the
22 sending state to retake a person on probation or parole shall be
23 conclusive upon and not reviewable within the receiving state.
24 If at the time when a state seeks to retake a probationer or
25 parolee, there should be pending against him within the
26 receiving state any criminal charge, or he is suspected of
27 having committed within such state a criminal offense, he shall
28 not be retaken without the consent of the receiving state until
29 discharged from prosecution or from imprisonment for such
30 offense. The duly accredited officers of the sending state will
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1 be permitted to transport prisoners being retaken through any
2 and all states parties to this compact without interference.
3 ARTICLE X
4 FINANCE
5 The Interstate Commission shall pay or provide for the
6 payment of the reasonable expenses of its establishment,
7 organization and ongoing activities.
8 The Interstate Commission shall levy on and collect an annual
9 assessment from each Compacting State to cover the cost of the
10 internal operations and activities of the Interstate Commission
11 and its staff which must be in a total amount sufficient to
12 cover the Interstate Commission's annual budget as approved each
13 year. The aggregate annual assessment amount shall be allocated
14 based upon a formula to be determined by the Interstate
15 Commission, taking into consideration the population of the
16 state and the volume of interstate movement of offenders in each
17 Compacting State and shall promulgate a Rule binding upon all
18 Compacting States which governs said assessment.
19 The Interstate Commission shall not incur any obligations of
20 any kind prior to securing the funds adequate to meet the same;
21 nor shall the Interstate Commission pledge the credit of any of
22 the Compacting States, except by and with the authority of the
23 Compacting State.
24 The Interstate Commission shall keep accurate accounts of all
25 receipts and disbursements. The receipts and disbursements of
26 the Interstate Commission shall be subject to the audit and
27 accounting procedures established under its Bylaws. However, all
28 receipts and disbursements of funds handled by the Interstate
29 Commission shall be audited yearly by a certified or licensed
30 public accountant and the report of the audit shall be included
20050S0506B2245 - 205 -
1 in and become part of the annual report of the Interstate
2 Commission.
3 ARTICLE XI
4 COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT
5 Any state, as defined in Article II of this Compact, is
6 eligible to become a Compacting State. The Compact shall become
7 effective and binding upon legislative enactment of the Compact
8 into law by no less than 35 of the States. The initial effective
9 date shall be the later of July 1, 2001, or upon enactment into
10 law by the 35th jurisdiction. Thereafter it shall become
11 effective and binding, as to any other Compacting State, upon
12 enactment of the Compact into law by that State. The governors
13 of Non-member states or their designees will be invited to
14 participate in Interstate Commission activities on a non-voting
15 basis prior to adoption of the Compact by all states and
16 territories of the United States.
17 Amendments to the Compact may be proposed by the Interstate
18 Commission for enactment by the Compacting States. No amendment
19 shall become effective and binding upon the Interstate
20 Commission and the Compacting States unless and until it is
21 enacted into law by unanimous consent of the Compacting States.
22 ARTICLE XII
23 WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT
24 Section A. Withdrawal
25 Once effective, the Compact shall continue in force and
26 remain binding upon each and every Compacting State; PROVIDED,
27 that a Compacting State may withdraw from the Compact
28 ("Withdrawing State") by enacting a statute specifically
29 repealing the statute which enacted the Compact into law. The
30 effective date of withdrawal is the effective date of the
20050S0506B2245 - 206 -
1 repeal.
2 The Withdrawing State shall immediately notify the
3 chairperson of the Interstate Commission in writing upon the
4 introduction of legislation repealing this Compact in the
5 Withdrawing State.
6 The Interstate Commission shall notify the other Compacting
7 States of the Withdrawing State's intent to withdraw within
8 sixty days of its receipt thereof.
9 The Withdrawing State is responsible for all assessments,
10 obligations and liabilities incurred through the effective date
11 of withdrawal, including any obligations, the performance of
12 which extend beyond the effective date of withdrawal.
13 Reinstatement following withdrawal of any Compacting State
14 shall occur upon the Withdrawing State reenacting the Compact or
15 upon such later date as determined by the Interstate Commission.
16 Section B. Default
17 If the Interstate Commission determines that any Compacting
18 State has at any time defaulted ("Defaulting State") in the
19 performance of any of its obligations or responsibilities under
20 this Compact, the Bylaws or any duly promulgated Rules the
21 Interstate Commission may impose any or all of the following
22 penalties:
23 Fines, fees and costs in such amounts as are deemed to be
24 reasonable as fixed by the Interstate Commission;
25 Remedial training and technical assistance as directed by
26 the Interstate Commission;
27 Suspension and termination of membership in the Compact.
28 Suspension shall be imposed only after all other reasonable
29 means of securing compliance under the Bylaws and Rules have
30 been exhausted. Immediate notice of suspension shall be given by
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1 the Interstate Commission to the Governor, the Chief Justice or
2 Chief Judicial Officer of the state; the majority and minority
3 leaders of the defaulting state's legislature, and the State
4 Council.
5 The grounds for default include, but are not limited to,
6 failure of a Compacting State to perform such obligations or
7 responsibilities imposed upon it by this compact, Interstate
8 Commission Bylaws, or duly promulgated Rules. The Interstate
9 Commission shall immediately notify the Defaulting State in
10 writing of the penalty imposed by the Interstate Commission on
11 the Defaulting State pending a cure of the default. The
12 Interstate Commission shall stipulate the conditions and the
13 time period within which the Defaulting State must cure its
14 default. If the Defaulting State fails to cure the default
15 within the time period specified by the Interstate Commission,
16 in addition to any other penalties imposed herein, the
17 Defaulting State may be terminated from the Compact upon an
18 affirmative vote of a majority of the Compacting States and all
19 rights, privileges and benefits conferred by this Compact shall
20 be terminated from the effective date of suspension. Within
21 sixty days of the effective date of termination of a Defaulting
22 State, the Interstate Commission shall notify the Governor, the
23 Chief Justice or Chief Judicial Officer and the Majority and
24 Minority Leaders of the Defaulting State's legislature and the
25 state council of such termination.
26 The Defaulting State is responsible for all assessments,
27 obligations and liabilities incurred through the effective date
28 of termination including any obligations, the performance of
29 which extends beyond the effective date of termination.
30 The Interstate Commission shall not bear any costs relating
20050S0506B2245 - 208 -
1 to the Defaulting State unless otherwise mutually agreed upon
2 between the Interstate Commission and the Defaulting State.
3 Reinstatement following termination of any Compacting State
4 requires both a reenactment of the Compact by the Defaulting
5 State and the approval of the Interstate Commission pursuant to
6 the Rules.
7 Section C. Judicial Enforcement
8 The Interstate Commission may, by majority vote of the
9 Members, initiate legal action in the United States District
10 Court for the District of Columbia or, at the discretion of the
11 Interstate Commission, in the Federal District where the
12 Interstate Commission has its offices to enforce compliance with
13 the provisions of the Compact, its duly promulgated Rules and
14 Bylaws, against any Compacting State in default. In the event
15 judicial enforcement is necessary the prevailing party shall be
16 awarded all costs of such litigation including reasonable
17 attorneys fees.
18 Section D. Dissolution of Compact
19 The Compact dissolves effective upon the date of the
20 withdrawal or default of the Compacting State which reduces
21 membership in the Compact to one Compacting State.
22 Upon the dissolution of this Compact, the Compact becomes
23 null and void and shall be of no further force or effect, and
24 the business and affairs of the Interstate Commission shall be
25 wound up and any surplus funds shall be distributed in
26 accordance with the Bylaws.
27 ARTICLE XIII
28 SEVERABILITY AND CONSTRUCTION
29 The provisions of this Compact shall be severable, and if any
30 phrase, clause, sentence or provision is deemed unenforceable,
20050S0506B2245 - 209 -
1 the remaining provisions of the Compact shall be enforceable.
2 The provisions of this Compact shall be liberally constructed to
3 effectuate its purposes.
4 ARTICLE XIV
5 BINDING EFFECT OF COMPACT AND OTHER LAWS
6 Section A. Other Laws
7 Nothing herein prevents the enforcement of any other law of a
8 Compacting State that is not inconsistent with this Compact. All
9 Compacting States' laws conflicting with this Compact are
10 superseded to the extent of the conflict.
11 Section B. Binding Effect of the Compact
12 All lawful actions of the Interstate Commission, including
13 all Rules and Bylaws promulgated by the Interstate Commission,
14 are binding upon the Compacting States.
15 All agreements between the Interstate Commission and the
16 Compacting States are binding in accordance with their terms.
17 Upon the request of a party to a conflict over meaning or
18 interpretation of Interstate Commission actions, and upon a
19 majority vote of the Compacting States, the Interstate
20 Commission may issue advisory opinions regarding such meaning or
21 interpretation.
22 In the event any provision of this Compact exceeds the
23 constitutional limits imposed on the legislature of any
24 Compacting State, the obligations, duties, powers or
25 jurisdiction sought to be conferred by such provision upon the
26 Interstate Commission shall be ineffective and such obligations,
27 duties, powers or jurisdiction shall remain in the Compacting
28 State and shall be exercised by the agency thereof to which such
29 obligations, duties, powers or jurisdiction are delegated by law
30 in effect at the time this Compact becomes effective.
20050S0506B2245 - 210 -
1 § 7113. When and how compact becomes operative.
2 (a) General rule.--When the Governor executes the Interstate
3 Compact for the Supervision of Adult Offenders on behalf of this
4 State and files a verified copy thereof with the Secretary of
5 the Commonwealth and when the compact is ratified by one or more
6 other states, then the compact shall become operative and
7 effective between this State and such other state or states. The
8 Governor is hereby authorized and directed to take such action
9 as may be necessary to complete the exchange of official
10 documents between this State and any other state ratifying the
11 compact.
12 (b) Notice in Pennsylvania Bulletin.--The Secretary of the
13 Commonwealth shall publish a notice in the Pennsylvania Bulletin
14 when the conditions set forth in subsection (a) are satisfied
15 and shall include in the notice the date on which the compact
16 became effective and operative between this State and any other
17 state or states in accordance with this subchapter.
18 § 7114. State council and compact administrator.
19 (a) State council.--Consistent with Article IV of the
20 Interstate Compact for the Supervision of Adult Offenders, there
21 is hereby established the State Council for Interstate Adult
22 Offender Supervision. The council shall consist of nine members,
23 seven of whom shall be appointed by the Governor. At least two
24 members shall be judges of courts of record of this Commonwealth
25 and at least one shall be a county chief probation officer, a
26 representative from the executive branch of government, a
27 representative of victims groups and the compact administrator.
28 The President pro tempore of the Senate and the Speaker of the
29 House of Representatives shall each appoint a member of the
30 General Assembly to serve as a member of the council. The term
20050S0506B2245 - 211 -
1 of a member of the council hereafter appointed, except to fill a
2 vacancy, shall be for four years and until a successor has been
3 appointed, but in no event more than 90 days beyond the
4 expiration of the appointed term. The term of a member of the
5 council who is appointed by virtue of serving as a member of the
6 General Assembly, as a judge or as a county chief probation
7 officer shall continue only as long as the individual remains in
8 that office. A vacancy occurring in an office of a member of the
9 council by expiration of term or for any other reason shall be
10 filled by the appointing authority for the remainder of the
11 term.
12 (b) Appointment of administrator.--The compact administrator
13 shall be appointed by the Governor and shall serve as a member
14 of the State Council for the Supervision of Adult Offenders and
15 shall serve on the Interstate Commission for Adult Offender
16 Supervision established pursuant to the Interstate Compact for
17 the Supervision of Adult Offenders.
18 (c) Compensation and expenses of administrator.--The compact
19 administrator who represents this State, as provided for in
20 Article IV of the Interstate Compact for the Supervision of
21 Adult Offenders, shall not be entitled to any additional
22 compensation for his duties and responsibilities as compact
23 administrator but shall be entitled to reimbursement for
24 reasonable expenses actually incurred in connection with his
25 duties and responsibilities as compact administrator in the same
26 manner as for expenses incurred in connection with other duties
27 and responsibilities of his office or employment.
28 SUBCHAPTER C
29 ADMINISTRATIVE PROVISIONS
30 Sec.
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1 7121. Deputization.
2 7122. Supervision of persons paroled by other states.
3 7123. Penalty.
4 § 7121. Deputization.
5 (a) General rule.--The chairperson of the Pennsylvania Board
6 of Probation and Parole may deputize any person to act as an
7 officer and agent of the Commonwealth in effecting the return of
8 any person who has violated the terms and conditions of parole
9 or probation as granted by the Commonwealth. In any matter
10 relating to the return of such person, an agent so deputized has
11 all the powers of a police officer of this Commonwealth.
12 (b) Evidence of deputization.--A deputization under this
13 section must be in writing and a person authorized to act as an
14 agent of the Commonwealth under that authority shall carry
15 formal evidence of the deputization and shall produce it on
16 demand.
17 (c) Interstate contracts.--The chairperson of the
18 Pennsylvania Board of Probation and Parole may, subject to the
19 approval of the Auditor General, enter into contracts with
20 similar officials of any other state for the purpose of sharing
21 an equitable portion of the cost of effecting the return of any
22 person who has violated the terms and conditions of parole or
23 probation as granted by the Commonwealth.
24 § 7122. Supervision of persons paroled by other states.
25 (a) General rule.--In compliance with the Federal interstate
26 compact laws and the provisions of this section, the board may
27 supervise persons who are paroled by other states and reside in
28 this Commonwealth, where such other states agree to perform
29 similar services for the board.
30 (b) Witness Protection Program.--The board may relinquish
20050S0506B2245 - 213 -
1 jurisdiction over a parolee to the proper Federal authorities
2 where the parolee is placed into the Witness Protection Program
3 of the United States Department of Justice.
4 (c) Applicability.--The provisions of this section shall
5 apply only to those persons under the supervision of the board.
6 (d) Contracting state obligations.--The contracting state
7 must adhere to this Commonwealth's laws regarding the interstate
8 compact, which are as follows:
9 (1) The contracting state solemnly agrees that it is
10 competent for the duly constituted judicial and
11 administrative authorities of a state party to the compact,
12 referred to as the "sending state," to permit any person
13 convicted of an offense within such state and placed on
14 probation or released on parole to reside in any other state,
15 referred to as the "receiving state," while on probation or
16 parole if:
17 (i) A confirmed offer of viable employment or other
18 verifiable means of support exists.
19 (ii) A residence approved by the sending state shall
20 be available.
21 (2) The following information must be made available to
22 the receiving state from the sending state at the time the
23 application for acceptance to the receiving state shall be
24 filed:
25 (i) Institutional adjustment information on parolees
26 or probationers.
27 (ii) Current supervision history on parolees or
28 probationers.
29 (iii) A psychological report or psychological
30 update, completed no more than one year prior to the
20050S0506B2245 - 214 -
1 receiving state's consideration, for persons convicted of
2 a violent offense.
3 (iv) The following information must be made
4 available to the receiving state for those cases defined
5 as a sexual offense:
6 (A) A summary of any type of treatment received
7 and dates of completion.
8 (B) A description of behavioral characteristics
9 that may have contributed to the parolee or
10 probationer's conduct.
11 (3) Any parolee or probationer convicted of a sexual
12 offense shall be required to:
13 (i) Submit to mandatory registration and public
14 notification of all current addresses with the
15 Pennsylvania State Police.
16 (ii) Provide a signed copy of the "Pennsylvania
17 State Police Sexual Offender Registration Notification"
18 form and the "Pennsylvania State Police Sexual Offender
19 Registration" form to the receiving state.
20 (iii) Provide a signed copy of "Addendum to
21 Application for Compact Services/Agreement to Return"
22 form to the receiving state.
23 (4) Except as provided in this subsection, the receiving
24 state shall not consider the acceptance of supervision if the
25 parolee is already physically present in this Commonwealth.
26 Investigation and consideration of a case shall occur only
27 after the parolee returns to the sending state and proper
28 application is filed. The receiving state may consider the
29 acceptance of supervision if the probationer is already
30 physically present in this Commonwealth, where the
20050S0506B2245 - 215 -
1 probationer has established domicile in the receiving state
2 before adjudication on the criminal offense.
3 (5) Electronic monitoring or other special conditions,
4 or both, of supervision shall be imposed as deemed necessary
5 by the receiving state.
6 (6) At the request of the receiving state, the sending
7 state shall agree to retake the parolee or probationer if
8 that individual violates any condition of probation or
9 parole.
10 (e) Definitions.--As used in this section the following
11 words and phrases shall have the meaning given to them in this
12 subsection unless the context clearly indicates otherwise:
13 "Board." The Pennsylvania Board of Probation and Parole.
14 "Sexual offense."
15 (1) Any of the following offenses or an equivalent
16 offense that is classified as a felony and involves a victim
17 who is a minor:
18 18 Pa.C.S. § 2901 (relating to kidnapping).
19 18 Pa.C.S. § 5902(a) (relating to prostitution and
20 related offenses).
21 18 Pa.C.S. § 5903(a)(3), (4), (5) or (6) (relating to
22 obscene and other sexual materials and performances).
23 (2) Any of the following offenses or an equivalent
24 offense that is classified as a felony and involves a victim
25 who is younger than 13 years of age:
26 18 Pa.C.S. § 3126 (relating to indecent assault).
27 (3) Any of the following offenses or an equivalent
28 offense, regardless of the victim's age:
29 18 Pa.C.S. § 3121 (relating to rape).
30 18 Pa.C.S. § 3123 (relating to involuntary deviate
20050S0506B2245 - 216 -
1 sexual intercourse).
2 18 Pa.C.S. § 3125 (relating to aggravated indecent
3 assault).
4 "Violent offense."
5 (1) Any of the following offenses or an equivalent
6 offense:
7 18 Pa.C.S. § 2502 (relating to murder).
8 18 Pa.C.S. § 2503 (relating to voluntary
9 manslaughter).
10 18 Pa.C.S. § 2702 (relating to aggravated assault).
11 18 Pa.C.S. § 2703 (relating to assault by prisoner).
12 18 Pa.C.S. § 2704 (relating to assault by life
13 prisoner).
14 18 Pa.C.S. § 2901 (relating to kidnapping) where the
15 victim is a minor.
16 18 Pa.C.S. § 3121 (relating to rape).
17 18 Pa.C.S. § 3123 (relating to involuntary deviate
18 sexual intercourse).
19 18 Pa.C.S. § 3301 (relating to arson and related
20 offenses).
21 18 Pa.C.S. § 3502 (relating to burglary).
22 18 Pa.C.S. § 3701 (relating to robbery).
23 18 Pa.C.S. § 3923 (relating to theft by extortion)
24 where a threat of violence is made.
25 (2) A criminal attempt, criminal solicitation or
26 criminal conspiracy to commit any offenses set forth in this
27 definition.
28 "Other verifiable means of support." The term includes, but
29 is not limited to, support by parent, grandparent, sibling,
30 spouse or adult child. The term does not include public
20050S0506B2245 - 217 -
1 assistance.
2 § 7123. Penalty.
3 A person who is on parole or probation in another state and
4 who resides in this Commonwealth in violation of section 6373
5 (relating to supervision of persons paroled by other states)
6 commits a misdemeanor of the first degree and shall be sentenced
7 to pay a fine of not more than $10,000 or to imprisonment for
8 not more than five years, or both.
9 Section 5. The addition of 61 Pa.C.S. Pts. I, II, III, IV
10 and V is a continuation of the acts and parts of acts listed in
11 section 7 of this act, except for the following:
12 Act of January 17, 1831 (P.L.12, No.12), entitled "A further
13 supplement to an act, entitled, An act to reform the penal laws
14 of this Commonwealth."
15 Sections 3 and 14 of the act of April 14, 1835 (P.L.232,
16 No.140), entitled "A supplement to the act entitled An act to
17 provide for the erection of a new prison and a debtors'
18 apartment within the city and county of Philadelphia, and for
19 the sale of the county prison in Walnut street in said city."
20 Section 11 of the act of February 8, 1842 (P.L.12, No.10),
21 entitled "A supplement to an act entitled 'An act relating to
22 the prison of the county of Chester,' approved February first,
23 one thousand eight hundred and thirty-nine, and relative to the
24 Dauphin county prison."
25 The act of January 4, 1856 (P.L.711, No.661), entitled "A
26 further supplement to an act, entitled 'An Act to provide for
27 the erection of a new prison and debtors' apartment within the
28 city and county of Philadelphia, and for the sale of the county
29 prison in Walnut street in the said city, approved April
30 fourteenth, one thousand eight hundred thirty-five.'"
20050S0506B2245 - 218 -
1 Sections 8, 12 and 14 of the act of June 2, 1871 (P.L.1301,
2 No.1209), entitled "An act to establish and maintain for the
3 city of Philadelphia, a house of correction, employment and
4 reformation for adults and minors."
5 Act of June 8, 1874 (P.L.278, No.163), entitled "An act
6 relating to prison inspectors and regulating prisons."
7 Sections 2 and 4 of the act of June 13, 1883 (P.L.112,
8 No.99), entitled "An act to abolish the contract system in the
9 prisons and reformatory institutions of the State of
10 Pennsylvania, and to regulate the wages of the inmates."
11 Act of June 22, 1897 (P.L.182, No.150), entitled "A
12 supplement to an act entitled 'An act for the punishment of
13 cruelty to animals in this Commonwealth,' approved the twenty-
14 ninth day of March, one thousand eight hundred and sixty-nine,
15 requiring the keepers or persons in charge of all jails, lock-
16 ups and station-houses within the Commonwealth to receive all
17 persons arrested for any violation of the provisions of said
18 act."
19 Act of May 25, 1907 (P.L.247, No.191), entitled "An act
20 authorizing the employment of male prisoners of the jails, and
21 workhouses of this Commonwealth upon the public highways of the
22 several counties, and regulating the same; and providing for the
23 establishment of Prison Boards, the purchase of material and
24 tools, and employment of deputies, at the expense of the proper
25 county, and a penalty for the escape of prisoners while employed
26 outside of said jails, workhouses."
27 Act of May 28, 1913 (P.L.363, No.247), entitled "An act
28 regulating the discharge of prisoners on parole, from the penal
29 institutions of the Commonwealth."
30 Section 9 of the act of July 25, 1913 (P.L.1311, No.816),
20050S0506B2245 - 219 -
1 entitled "An act providing for the establishment of a State
2 Industrial Home for Women; authorizing the purchase of a site,
3 and the erection thereon and equipment of necessary buildings;
4 providing for the commitment to said State Industrial Home for
5 Women of females between the ages of sixteen and thirty years,
6 convicted of, or pleading guilty to, the commission of any
7 criminal offense; and providing for the government and
8 management of said institution; and making an appropriation to
9 carry out the purposes of this act."
10 Act of July 19, 1917 (P.L.1117, No.378), entitled "An act
11 providing for the establishment, in cities of the first class,
12 of a house or houses of detention for witnesses and untried
13 prisoners; for the commitment of such prisoners and witnesses
14 thereto; and for the payment of the cost of establishing and
15 maintaining the same by the county wherein said cities are
16 situated."
17 Act of May 1, 1929 (P.L.1184, No.416), entitled "An act
18 conferring and imposing certain powers and duties upon the State
19 Board of Pardons with respect to inmates of State penal and
20 correctional institutions released on parole."
21 Act of June 22, 1931 (P.L.864, No.280), entitled "An act
22 making a convict whose minimum sentence exceeds one-half of the
23 maximum sentence eligible to apply for release on parole when
24 said convict has served or will have served one-half his maximum
25 sentence."
26 Sections 25, 31, 32, 33, 33.1 and 34.1 of the act of August
27 6, 1941 (P.L.861, No.323), entitled, as amended, "An act to
28 create a uniform and exclusive system for the administration of
29 parole in this Commonwealth; providing state probation services;
30 establishing the 'Pennsylvania Board of Probation and Parole';
20050S0506B2245 - 220 -
1 conferring and defining its jurisdiction, duties, powers and
2 functions; including the supervision of persons placed upon
3 probation and parole in certain designated cases; providing for
4 the method of appointment of its members; regulating the
5 appointment, removal and discharge of its officers, clerks and
6 employes; dividing the Commonwealth into administrative
7 districts for purposes of probation and parole; fixing the
8 salaries of members of the board and of certain other officers
9 and employes thereof; making violations of certain provisions of
10 this act misdemeanors; providing penalties therefor; and for
11 other cognate purposes, and making an appropriation."
12 Section 5 of the act of August 13, 1963 (P.L.774, No.390),
13 entitled "An act authorizing courts to permit certain prisoners
14 to leave jail during reasonable and necessary hours for
15 occupational, scholastic or medical purposes; conferring powers
16 and imposing duties upon courts, county commissioners and
17 sheriffs and other persons in charge of a jail or workhouse."
18 Act of December 27, 1965 (P.L.1237, No.502), entitled "An act
19 establishing regional correctional facilities administered by
20 the Bureau of Correction as part of the State correctional
21 system; establishing standards for county jails, and providing
22 for inspection and classification of county jails and for
23 commitment to State correctional facilities and county jails."
24 Act of March 21, 1986 (P.L.64, No.19), known as the Private
25 Prison Moratorium and Study Act.
26 Chapters 3, 5, 9 and 11 of the act of July 1, 1990 (P.L.315,
27 No.71), known as the Prison Facilities Improvement Act.
28 Section 6. The following shall apply:
29 (1) Except as otherwise provided in 61 Pa.C.S. Pts. I,
30 II, III, IV and V, all activities initiated under any of the
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1 acts identified in section 5 of this act shall continue and
2 remain in full force and effect and may be completed under 61
3 Pa.C.S. Pts. I, II, III, IV and V. Resolutions, orders,
4 regulations, rules and decisions which were made under any of
5 the acts identified in section 5 of this act and which are in
6 effect on the effective date of this section shall remain in
7 full force and effect until revoked, vacated or modified
8 under 61 Pa.C.S. Pts. I, II, III, IV and V. Contracts,
9 obligations and agreements entered into under any of the acts
10 identified in section 5 of this act are not affected nor
11 impaired by the continuation of the acts and parts of acts
12 identified in section 5.
13 (2) Any difference in language between 61 Pa.C.S. Pts.
14 I, II, III, IV and V and the acts identified in section 5 of
15 this act is intended only to conform to the style of the
16 Pennsylvania Consolidated Statutes and is not intended to
17 change or affect the legislative intent, judicial
18 construction or administrative interpretation and
19 implementation of those acts, except as follows:
20 (i) 61 Pa.C.S. Part I.
21 (II) 61 PA.C.S. § 1151(D)(1)(I) AND (3)(V). <--
22 (ii) (III) 61 Pa.C.S. § 3104(f). <--
23 (iii) (IV) The definition of "motivational boot <--
24 camp" in 61 Pa.C.S. § 3903, by deleting an obsolete
25 reference to ventilation therapy.
26 (iv) (V) 61 Pa.C.S. § 5903, by adding a reference to <--
27 civilian clothing to conform to Department of Corrections
28 policy.
29 (VI) 61 PA.C.S. § 6102(3). <--
30 (VII) 61 PA.C.S. § 6112(A)(5).
20050S0506B2245 - 222 -
1 (VIII) 61 PA.C.S. § 6132.1.
2 (IX) 61 PA.C.S. § 6138(A)(5)(II) AND (D)(1).
3 Section 7. (a) The repeals in this section are necessary to
4 effectuate this act.
5 (b) The following acts and parts of acts are repealed:
6 Act of March 29, 1819 (P.L.232, No.146), entitled "An act to
7 prevent the coroner of Philadelphia county from holding inquests
8 in certain cases, and for other purposes."
9 Act of January 17, 1831 (P.L.12, No.12), entitled "A further
10 supplement to an act, entitled, An act to reform the penal laws
11 of this Commonwealth."
12 Act of April 14, 1835 (P.L.232, No.140), entitled "A
13 supplement to the act entitled 'An act to provide for the
14 erection of a new prison and a debtors' apartment within the
15 city and county of Philadelphia, and for the sale of the county
16 prison in Walnut street in said city.'"
17 Act of February 8, 1842 (P.L.12, No.10), entitled "A
18 supplement to an act entitled 'An act relating to the prison of
19 the county of Chester,' approved February first, one thousand
20 eight hundred and thirty-nine, and relative to the Dauphin
21 county prison."
22 Section 5 of the act of April 16, 1845 (P.L.507, No.342),
23 entitled "An act to provide for the ordinary expenses of the
24 government, repair of the canals and railroads of the state, and
25 other claims upon the commonwealth."
26 Act of January 4, 1856 (P.L.711, No.661), entitled "A further
27 supplement to an act, entitled 'An act to provide for the
28 erection of a new prison and debtors' apartment within the city
29 and county of Philadelphia, and for the sale of the county
30 prison in Walnut street in the said city,' approved April
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1 fourteenth, one thousand eight hundred thirty-five."
2 Act of April 18, 1857 (P.L.253, No.295), entitled "A further
3 supplement to an act to Reform the Penal Laws of this
4 Commonwealth, approved the seventeenth day of January, Anno
5 Domini one thousand eight hundred and thirty-one."
6 Act of May 1, 1861 (P.L.528, No.491), entitled "An act
7 granting further Powers to the Inspectors of the Philadelphia
8 County Prison."
9 Act of April 17, 1867 (P.L.87, No.68), entitled "An act to
10 authorize the Governor to appoint a person to visit prisons and
11 almshouses."
12 Act of June 2, 1871 (P.L.1301, No.1209), entitled "An act to
13 establish and maintain for the city of Philadelphia, a house of
14 correction, employment and reformation for adults and minors."
15 Act of June 8, 1874 (P.L.278, No.163), entitled "An act
16 relating to prison inspectors and regulating prisons."
17 Act of June 13, 1883 (P.L.112, No.99), entitled "An act to
18 abolish the contract system in the prisons and reformatory
19 institutions of the State of Pennsylvania, and to regulate the
20 wages of the inmates."
21 Act of June 20, 1883 (P.L.125, No.110), entitled "An act to
22 require a brand upon all goods, wares, merchandise or other
23 article or thing made for sale by convict labor in any
24 penitentiary, reformatory prison, school or other establishment
25 in which convict labor is employed."
26 Act of May 9, 1889 (P.L.154, No.170), entitled "An act
27 authorizing and empowering boards of prison inspectors, in
28 counties where such boards exist, to fix the salaries of deputy
29 wardens, keepers and other persons employed in and about the
30 jails of such counties."
20050S0506B2245 - 224 -
1 Act of June 26, 1895 (P.L.377, No.269), entitled "An act
2 authorizing the erection of work-houses in the several counties
3 of this Commonwealth."
4 Act of May 11, 1897 (P.L.49, No.41), entitled "An act
5 relating to appointment of Prison Commissioners in counties of
6 the Commonwealth having over one hundred and fifty thousand
7 population."
8 Act of June 22, 1897 (P.L.182, No.150), entitled "A
9 supplement to an act, entitled 'An act for the punishment of
10 cruelty to animals in this Commonwealth,' approved the twenty-
11 ninth day of March, one thousand eight hundred and sixty-nine,
12 requiring the keepers or persons in charge of all jails, lock-
13 ups and station-houses within the Commonwealth to receive all
14 persons arrested for any violation of the provisions of said
15 act."
16 Act of April 28, 1899 (P.L.89, No.75), entitled "An act
17 authorizing the employment of male prisoners of the jails and
18 workhouses of this Commonwealth, and regulating the same, and
19 providing a penalty for an escape of prisoners while employed
20 outside of said jails or workhouses."
21 Act of March 20, 1903 (P.L.45, No.48), entitled "An act to
22 make active or visiting committees, of societies incorporated
23 for the purpose of visiting and instructing prisoners, official
24 visitors of penal and reformatory institutions."
25 Act of May 25, 1907 (P.L.247, No.191), entitled "An act
26 authorizing the employment of male prisoners of the jails, and
27 workhouses of this Commonwealth upon the public highways of the
28 several counties, and regulating the same; and providing for the
29 establishment of Prison Boards, the purchase of material and
30 tools, and employment of deputies, at the expense of the proper
20050S0506B2245 - 225 -
1 county, and a penalty for the escape of prisoners while employed
2 outside of said jails, workhouses."
3 Act of April 23, 1909 (P.L.141, No.92), entitled "An act
4 providing for the use of borough and township lockups and city
5 or county prisons, for the detention of prisoners arrested by
6 sheriffs, constables, members of the State constabulary, or
7 other persons authorized by the laws of the Commonwealth to make
8 arrests, and entitling boroughs, townships, and cities to
9 receive remuneration for the same."
10 Act of May 14, 1909 (P.L.838, No.656), entitled "An act to
11 define the rights and functions of official visitors of jails,
12 penitentiaries, and other penal or reformatory institutions, and
13 providing for their removal."
14 Act of May 11, 1911 (P.L.274, No.176), entitled "An act to
15 prohibit the bringing into prisons of all weapons or other
16 implements which may be used to injure any convict or person, or
17 in assisting any convict to escape punishment, or the selling or
18 furnishing of same to convicts; to prohibit the bringing into
19 prisons of all spirituous or fermented liquors, drugs,
20 medicines, poisons, opium, morphine, or any other kind or
21 character of narcotics; or the giving, selling or furnishing of
22 spirituous or fermented liquor, drugs, medicine, poison, opium,
23 morphine, or any other kind or character of narcotics; or
24 bringing into or taking out letters, notes, money, or contraband
25 goods of any kind, whatsoever; and providing a penalty for the
26 violation thereof."
27 Act of June 7, 1911 (P.L.677, No.268), entitled "An act
28 providing for the payment of the costs of proceedings and the
29 expenses of maintaining prisoners committed to county prisons,
30 either for non-payment of fines or penalties imposed for, or
20050S0506B2245 - 226 -
1 while awaiting a hearing upon, any charge for the violation of
2 any city or borough ordinance, or any ordinance of townships of
3 the first class, by the city, borough, or township of the first
4 class whose ordinances are alleged to have been violated, or to
5 which any such fines or penalties are payable."
6 Act of June 19, 1911 (P.L.1059, No.813), referred to as the
7 County Jail and Workhouse Parole Law.
8 Act of May 28, 1913 (P.L.363, No.247), entitled "An act
9 regulating the discharge of prisoners on parole, from the penal
10 institutions of the Commonwealth."
11 Act of June 19, 1913 (P.L.532, No.340), entitled "A
12 supplement to an act approved the nineteenth day of June, one
13 thousand nine hundred eleven, entitled 'An act authorizing the
14 release on probation of certain convicts, instead of imposing
15 sentences; the appointment of probation and parole officers, and
16 the payment of their salaries and expenses; regulating the
17 manner of sentencing convicts in certain cases, and providing
18 for their release on parole; their conviction of crime during
19 parole, and their re-arrest and reconviction for breach of
20 parole; and extending the powers and duties of boards of prison
21 inspectors of penitentiaries.'"
22 Act of July 22, 1913 (P.L.912, No.437), entitled "An act
23 providing for the payment of the costs incurred in the trial of
24 convicts and prisoners escaping, or attempting to escape, from
25 the several penitentiaries and reformatories of the Commonwealth
26 of Pennsylvania, by the respective counties from whose courts
27 the said escaping convicts or prisoners have been committed; and
28 providing for the maintenance of such convicts under sentence
29 for escape, et cetera."
30 Section 9 of the act of July 25, 1913 (P.L.1311, No.816),
20050S0506B2245 - 227 -
1 entitled "An act providing for the establishment of a State
2 Industrial Home for Women; authorizing the purchase of a site,
3 and the erection thereon and equipment of necessary buildings;
4 providing for the commitment to said State Industrial Home for
5 Women of females between the ages of sixteen and thirty years,
6 convicted of, or pleading guilty to, the commission of any
7 criminal offense; and providing for the government and
8 management of said institution; and making an appropriation to
9 carry out the purposes of this act."
10 Act of May 24, 1917 (P.L.283, No.150), entitled "An act
11 fixing the residence of the warden of the county jail or prison,
12 in counties of this Commonwealth where the government of such
13 jail or prison is or may hereafter be vested in a prison board."
14 Act of July 17, 1917 (P.L.1036, No.337), entitled "A Joint
15 Resolution authorizing the authorities having control and
16 supervision of county jails and prisons to permit the employment
17 of inmates thereof on county or almshouse farms; exempting
18 wardens and keepers from liability in certain cases for
19 escapes."
20 Act of July 19, 1917 (P.L.1117, No.378), entitled "An act
21 providing for the establishment, in cities of the first class,
22 of a house or houses of detention for witnesses and untried
23 prisoners; for the commitment of such prisoners and witnesses
24 thereto; and for the payment of the cost of establishing and
25 maintaining the same by the county wherein said cities are
26 situated."
27 Act of May 31, 1919 (P.L.356, No.170), entitled, as amended,
28 "An act authorizing courts of record to remove convicts and
29 persons confined in jails, workhouses, reformatories, reform or
30 industrial schools, penitentiaries, prisons, houses of
20050S0506B2245 - 228 -
1 correction or any other penal institutions, who are seriously
2 ill, to other institutions; and providing penalties for breach
3 of prison."
4 Act of May 10, 1921 (P.L.433, No.209), entitled "An act
5 providing for the sentencing of certain criminals to
6 reformatories or houses of correction in counties of the first
7 class."
8 Act of May 16, 1921 (P.L.579, No.262), referred to as the
9 County Prison Board Law.
10 Act of May 19, 1923 (P.L.271, No.172), entitled "An act
11 providing a system of employment and compensation for the
12 inmates of county jails and prisons."
13 Act of June 14, 1923 (P.L.775, No.306), entitled "An act to
14 provide for the physical welfare of all persons confined
15 (whether such persons be tried or untried prisoners) in any
16 penitentiary or county prison in this Commonwealth."
17 Act of July 11, 1923 (P.L.1044, No.425), referred to as the
18 Prisoner Transfer Law.
19 Act of April 27, 1927 (P.L.414, No.270), entitled, as
20 amended, "An act providing for a system of recording the
21 identification of persons convicted of crime, and of fugitives
22 from justice, and habitual criminals; conferring powers and
23 imposing duties upon the Pennsylvania State Police, district
24 attorneys, police officers, wardens or keepers of jails,
25 prisons, workhouses, or other penal institutions, and sheriffs;
26 providing for the payment of certain expenses by the counties;
27 and imposing penalties."
28 Sections 903-B and 904-B of the act of April 9, 1929
29 (P.L.177, No.175), known as The Administrative Code of 1929.
30 Act of May 1, 1929 (P.L.1182, No.414), entitled "An act
20050S0506B2245 - 229 -
1 providing the procedure and the powers of the State Board of
2 Pardons and boards of trustees of penitentiaries where prisoners
3 released on parole violate the terms of such parole; and fixing
4 the penalty for such violation."
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 May 20, 1931 (P.L.138, No.99), entitled "An act
10 permitting the sale of prison made goods, in counties of the
11 first class, to such counties and to cities and school districts
12 and to political subdivisions of such counties and to certain
13 institutions therein; permitting contracts for such sales and
14 purchases, without advertising or competitive bidding;
15 permitting payment of compensation to inmates; and repealing
16 inconsistent laws."
17 Act of June 12, 1931 (P.L.512, No.166), referred to as the
18 Industrial Farms and Workhouses Law.
19 Act of June 22, 1931 (P.L.864, No.280), entitled "An act
20 making a convict whose minimum sentence exceeds one-half of the
21 maximum sentence eligible to apply for release on parole when
22 said convict has served or will have served one-half his maximum
23 sentence."
24 Act of June 21, 1939 (P.L.660, No.307), entitled, as amended,
25 "An act providing for the return of escaped prisoners and
26 convicts after apprehension, to the penitentiary or state
27 institution from which they escape, by the agents of the
28 Department of Justice or the Pennsylvania State Police, and
29 requiring the penitentiary or state institution to defray the
30 expenses thereof."
20050S0506B2245 - 230 -
1 Act of August 6, 1941 (P.L.861, No.323), referred to as the
2 Pennsylvania Board of Probation and Parole Law.
3 Act of May 17, 1945 (P.L.628, No.268), entitled "An act
4 requiring boards of prison inspectors in counties of the fourth
5 class to pay the premiums on all bonds required of employes
6 appointed by the board."
7 Act of May 11, 1949 (P.L.1191, No.359), entitled "An act for
8 the government, management and control of county jails and
9 prisons in counties of sixth, seventh and eighth classes."
10 Article XXX-A of the act of July 28, 1953 (P.L.723, No.230),
11 known as the Second Class County Code.
12 Act of December 13, 1955 (P.L.829, No.240), entitled "An act
13 authorizing the commitment to the Department of Public Welfare
14 in any city of the first class persons convicted of crimes and
15 sentences by courts situate within such city to a city or county
16 penal institution, where such Department has established a
17 correctional, diagnostic and classification service, and
18 authorizing the transfer of prisoners between such institutions
19 by the Department."
20 Act of December 13, 1955 (P.L.841, No.246), entitled "An act
21 authorizing cooperative return of parole and probation violators
22 and the making of contracts or deputization of persons pursuant
23 thereto."
24 Act of August 6, 1963 (P.L.521, No.277), entitled "An act
25 providing that probation officers shall have the power of peace
26 officers in the performance of their duties."
27 Act of August 13, 1963 (P.L.774, No.390), entitled "An act
28 authorizing courts to permit certain prisoners to leave jail
29 during reasonable and necessary hours for occupational,
30 scholastic or medical purposes; conferring powers and imposing
20050S0506B2245 - 231 -
1 duties upon courts, county commissioners and sheriffs and other
2 persons in charge of a jail or workhouse."
3 Act of December 22, 1965 (P.L.1189, No.472), entitled "An act
4 establishing a correctional facility for criminological
5 diagnosis, classification, social and psychological treatment
6 and research, medical treatment and staff training."
7 Act of December 27, 1965 (P.L.1237, No.502), entitled "An act
8 establishing regional correctional facilities administered by
9 the Bureau of Correction as part of the State correctional
10 system; establishing standards for county jails, and providing
11 for inspection and classification of county jails and for
12 commitment to State correctional facilities and county jails."
13 Act of July 16, 1968 (P.L.351, No.173), referred to as the
14 Prisoner Pre-release Plan Law.
15 Act of December 22, 1969 (P.L.394, No.175), entitled "An act
16 providing for the establishment, operation and maintenance of
17 detention facilities for certain persons by adjoining counties
18 on approval by the Bureau of Correction."
19 Act of October 16, 1972 (P.L.913, No.218), entitled "An act
20 establishing regional community treatment centers for women
21 administered by the Bureau of Correction of the Department of
22 Justice as part of the State Correctional System, providing for
23 the commitment of females to such centers and their temporary
24 release therefrom for certain purposes, restricting confinement
25 of females in county jails and conferring powers and duties upon
26 the Department of Justice and the Bureau of Correction."
27 Act of December 30, 1974 (P.L.1075, No.348), known as the
28 Interstate Corrections Compact.
29 Act of March 21, 1986 (P.L.64, No.19), known as the Private
30 Prison Moratorium and Study Act.
20050S0506B2245 - 232 -
1 Chapters 3, 5, 9 and 11 of the act of July 1, 1990 (P.L.315,
2 No.71), known as the Prison Facilities Improvement Act.
3 Act of December 7, 1990 (P.L.615, No.156), known as the
4 Official Visitation of Prisons Act.
5 Act of December 19, 1990 (P.L.1391, No.215), known as the
6 Motivational Boot Camp Act.
7 Act of December 27, 1994 (P.L.1354, No.158), known as the
8 County Probation and Parole Officers' Firearm Education and
9 Training Law.
10 Act of May 16, 1996 (P.L.220, No.40), known as the Prison
11 Medical Services Act.
12 Act of June 18, 1998 (P.L.622, No.80), entitled "An act
13 providing for a procedure and method of execution; and making
14 repeals."
15 Act of December 3, 1998 (P.L.932, No.120), entitled "An act
16 requiring all prison inmates to wear identifiable prison
17 uniforms while incarcerated."
18 Act of June 19, 2002 (P.L.377, No.56), known as the
19 Interstate Compact for the Supervision of Adult Offenders Act.
20 (c) The following acts are also repealed:
21 Act of June 25, 1937 (P.L.2086, No.415), entitled "An act
22 providing for the making of compacts by the Commonwealth with
23 other states for mutual helpfulness in relation to persons on
24 probation or parole; and imposing certain powers and duties on
25 the Governor and the Board of Pardons."
26 Act of July 20, 1968 (P.L.441, No.207), entitled "An act
27 providing for the incarceration of probationers or parolees in
28 certain other states under certain circumstances."
29 (d) The act of December 8, 1959 (P.L.1718, No.632),
30 entitled, as amended, "An act providing for the payment of the
20050S0506B2245 - 233 -
1 salary, medical and hospital expenses of employes of State penal
2 and correctional institutions, State mental hospitals, Youth
3 Development Centers, County Boards of Assistance, and under
4 certain conditions other employes of the Department of Public
5 Welfare, who are injured in the performance of their duties; and
6 providing benefit to their widows and dependents in certain
7 cases," is repealed insofar as it relates to employees of State
8 correctional institutions as that term is defined in 61 Pa.C.S.
9 § 102 (relating to definitions).
10 Section 8. A reference in any act or part of an act to:
11 (1) A parole agent of a county shall be deemed a
12 reference to a probation officer.
13 (2) A parole officer of the State shall be deemed a
14 reference to a parole agent.
15 (3) The County Probation and Parole Officers' Firearm
16 Education and Training Program shall be deemed a reference to
17 the County Probation Officers' Firearm Education and Training
18 Program.
19 (4) The County Probation and Parole Officers' Firearm
20 Education and Training Fund shall be deemed a reference to
21 the County Probation Officers' Firearm Education and Training
22 Fund.
23 Section 9. The County Probation Officers' Firearm Education
24 and Training Commission is a continuation of the County
25 Probation and Parole Officers' Firearm Education and Training
26 Commission.
27 Section 10. The County Probation Officers' Firearm Education
28 and Training Fund is a continuation of the County Probation and
29 Parole Officers' Firearm Education and Training Fund.
30 Section 11. This act shall take effect as follows:
20050S0506B2245 - 234 -
1 (1) Section 7(c) of this act shall take effect on the
2 date that the Interstate Compact for the Supervision of Adult
3 Offenders becomes effective and operative between this State
4 and any other state or states in accordance with 61 Pa.C.S. §
5 7113.
6 (2) The remainder of this act shall take effect
7 immediately.
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