THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY BLAKE, SOLOBAY, ORIE, FONTANA, WAUGH, BREWSTER AND RAFFERTY, JANUARY 31, 2012

REFERRED TO JUDICIARY, JANUARY 31, 2012  

AN ACT

Amending Title 61 (Prisons and Parole) of the Pennsylvania

Consolidated Statutes, further providing for establishment.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1731 of Title 61 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 1731.  Establishment.

(a)  General rule.--

(1)  In counties of the third, fourth and fifth class,

the persons now holding the following offices and their

successors in each county of the third, fourth or fifth class

shall compose a board to be known as the board of inspectors

of the jail or county prison.

(2)  The following persons shall be members of the board:

(i)  The president judge of the court of common pleas

or a judge designated by him.

(ii)  [The district attorney] (Reserved).

(iii)  The sheriff.

(iv)  The controller.

(v)  The county commissioners.

(2.1)  Notwithstanding the provisions of paragraph (1),

the district attorney in a county of the third, fourth or

fifth class shall have the option of being a member of the

board.

(3)  The board and the officers appointed by it shall

provide for the safekeeping, discipline and employment of

inmates and the government and management of the correctional

institution.

(4)  The duty of the sheriff relating to the safekeeping

of inmates shall cease and determine on their committal to

the correctional institution, and the sheriff may not be

furnished a residence in the correctional institution.

(5)  Notwithstanding the provisions of paragraph (2), the

president judge may choose at any time to delete the judge

position from the board by so notifying the chairperson and

secretary of the board in writing. The decision to delete

this position shall remain in effect for as long as the

president judge making the decision shall remain as president

judge and thereafter until rescinded in like fashion by a

successor.

(b)  Counties that may elect to be subject to subchapter.--

Any county of the sixth, seventh or eighth class may elect by

resolution of the county commissioners to be governed by the

provisions of this subchapter.

Section 2.  This act shall take effect in 60 days.