SENATE AMENDED
PRIOR PRINTER'S NOS. 1551, 1918 PRINTER'S NO. 4049
No. 1374 Session of 1979
INTRODUCED BY MESSRS. RHODES, CESSAR, IRVIS, ITKIN, KNIGHT,
SEVENTY, PISTELLA, MURPHY, DAWIDA, MICHLOVIC, KNEPPER,
AUSTIN, TADDONIO, POTT, McVERRY, GOEBEL, D. M. FISHER,
ZORD AND GAMBLE, MAY 22, 1979
AS AMENDED ON SECOND CONSIDERATION, IN SENATE,
NOVEMBER 17, 1980
AN ACT
1 Establishing a county prison board for any county of the second
2 class and providing for the powers and duties thereof.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the "Second Class
7 County Prison Board Act."
8 Section 2. Definitions.
9 The following words and phrases when used in this act shall
10 have, unless the context clearly indicates otherwise, the
11 meanings given to them in this section:
12 "Board." The county prison board of a second class county.
13 Section 3. Establishment and composition.
14 (a) Establishment.--There is hereby established a county
15 prison board in any county of the second class which shall be
16 named the " County Prison Board."
1 (b) Composition.--The board shall be composed of:
2 (1) The county commissioners.
3 (2) The president judge of the court of common pleas of
4 the county or another judge of the same court of common pleas
5 who is designated by the president judge.
6 (3) The county sheriff.
7 (4) The county controller.
8 (5) The mayor of any city of the second class situate
9 within the county.
10 (6) Four TWO citizen members as provided in subsection <--
11 (c).
12 (c) Citizen members.--The four TWO citizen members shall not <--
13 be employees of the county or of the Commonwealth. They shall
14 serve for a term of three years, and shall be representative of
15 the broad segments of the county's population and shall include
16 persons whose background and experience indicate that they are
17 qualified to act in the interest of the public. Two THE citizen <--
18 members shall be appointed by the chairman of the county
19 commissioners. and two shall be appointed by the president judge <--
20 of the court of common pleas.
21 Section 4. Powers and duties.
22 (a) General rule.--The board's administrative powers and
23 duties shall include the operation and maintenance of the
24 prison, the safekeeping of inmates and the employment of a
25 warden.
26 (b) Living conditions.--The board shall insure that the
27 living conditions within the prison are healthful and otherwise
28 adequate.
29 (c) Inspection.--The board shall, at least twice each year,
30 conduct an unannounced inspection of the prison's physical
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1 plant. During such inspections the board shall interview a
2 cross-section of inmates, out of the presence of the warden and
3 his agents, to determine the conditions within the prison. After
4 each inspection, the board shall prepare a written report
5 setting forth its findings and determinations which shall be
6 available for public inspection.
7 (d) Compliance with laws and regulations.--The board shall
8 insure that the prison is being operated in accordance with its
9 regulations, the laws and regulations of the Commonwealth and of
10 the United States.
11 (e) Investigations.--The board shall investigate allegations
12 of inadequate prison conditions and improper practices occurring
13 within the prison and may make such other investigations or
14 reviews of prison operation and maintenance. The books, papers
15 and records of the prison, including but not limited to, the
16 papers and records of the warden and those relating to
17 individual inmates, shall at all times be available for
18 inspection by the board.
19 Section 5. Rules and regulations.
20 The board shall, in the manner provided by law, promulgate
21 such rules, regulations and forms it deems necessary for the
22 proper administration of the board and for the operation of the
23 prison.
24 Section 6. Warden.
25 (a) Appointment.--The board shall appoint a warden to serve
26 at its pleasure and shall fix his salary.
27 (b) Employees.--Subject to the board's approval, the warden
28 shall employ such deputies, assistants and other personnel
29 required to adequately operate the prison.
30 (c) Annual report.--The warden shall submit an annual
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1 written report to the board which shall contain information on
2 the population, conditions and practices in the prison, and
3 other matters as specified by the board. The annual report shall
4 be available for public inspection.
5 Section 7. Board meetings.
6 The board shall meet at least once each month and shall keep
7 regular minutes of its proceedings which shall be open to public
8 inspection.
9 Section 8. Contracts and purchases.
10 All expenditures, required for the maintenance and support of
11 the prisoners, the repairs and improvement of said prison, shall
12 be paid from the county treasury, by warrants, drawn in the
13 manner provided by law, on the regular appropriation for the
14 purpose. All contracts involving an expenditure exceeding $100
15 shall be in writing and shall immediately after their execution
16 be filed with the controller of the county. No contracts shall
17 be made, nor the payment thereof be certified by the controller,
18 for over $2,500, unless made with the lowest and best bidder
19 after due notice to be published by the controller, if he
20 approved the purpose of the proposals invited. All purchases of
21 materials and supplies shall be made through the purchasing
22 department of the county, and all bids shall be received by the
23 controller under seal and shall be opened in his presence by the
24 board and the contracts awarded thereof. The controller shall
25 keep a record of all such awards and shall certify no warrant
26 for contracts not made agreeable thereto.
27 Section 9. Transition provisions.
28 (a) Certain boards abolished.--Any board of prison
29 inspectors or board of managers of prisons or workhouses are
30 hereby abolished on the effective date of this act.
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1 (b) Books and records.--All books, papers and records of
2 these boards shall be transferred to the county prison board.
3 (c) Property and contracts.--The county prison board shall
4 assume ownership of all real and personal property owned by the
5 boards abolished in subsection (a) and shall assume all rights,
6 duties and obligations of any contract entered into by the
7 abolished boards.
8 Section 10. Repeals.
9 (a) Specific repeals.--The following acts and supplements to
10 acts are hereby repealed absolutely:
11 Act of March 23, 1865 (P.L.607, No.599), entitled "An act for
12 the better management of the Allegheny county prison."
13 Act of February 1, 1866 (P.L.8, No.11), entitled "A
14 supplement to an act, entitled 'An Act for the better management
15 of the Allegheny county prison,' approved the twenty-third day
16 of March, Anno Domini one thousand eight hundred and sixty-
17 five."
18 Act of April 4, 1868 (P.L.691, No.640), entitled "A
19 supplement to an act, entitled 'A supplement to an act for the
20 better management of the Allegheny county prison,' approved the
21 first day of February, eighteen hundred and sixty-six."
22 Act of January 28, 1870 (P.L.94, No.71), entitled "A
23 supplement to an act, entitled 'A supplement to an act for the
24 better management of Allegheny county prison,' approved the
25 first day of February, Anno Domini one thousand eight hundred
26 and sixty-six."
27 Act of February 14, 1871 (P.L.53, No.58), entitled "An act
28 supplementary to an act, entitled 'A supplement to an act for
29 the better management of Allegheny county prison,' approved the
30 first day of February, Anno Domini one thousand eight hundred
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1 and sixty-six."
2 Act of March 8, 1871 (P.L.184, No.192), entitled "A
3 supplement to an act, entitled 'A supplement to an act for the
4 better management of the Allegheny county prison,' approved the
5 first day of February, Anno Domini one thousand eight hundred
6 and sixty-six."
7 Act of March 23, 1872 (P.L.559, No.517), entitled "A
8 supplement to an act, entitled 'A supplement to an act for the
9 better management of the Allegheny County prison,' approved the
10 first day of February, one thousand eight hundred and sixty-
11 six."
12 Act of April 1, 1873 (P.L.470, No.492), entitled "A
13 supplement to an act, entitled 'A supplement to an act for the
14 better management of the Allegheny county prison,' approved the
15 first day of February, Anno Domini one thousand eight hundred
16 and sixty-six."
17 Act of August 5, 1941 (P.L.829, No.307), entitled "An act to
18 amend section three of the act, approved the twenty-third day of
19 March, one thousand eight hundred and sixty-five (Pamphlet Laws,
20 six hundred seven), entitled, 'An act for the better management
21 of the Allegheny county prison', by requiring all contracts
22 involving an expenditure exceeding one hundred dollars to be in
23 writing and filed with the county controller, and prohibiting
24 the making of any contract involving the expenditure of over
25 five hundred dollars unless made with the lowest and best bidder
26 after due advertising, and requiring all purchases to be made
27 through the purchasing department of the county, and providing
28 for the opening of bids and the award of contracts."
29 Act of August 19, 1953 (P.L.1069, No.275), entitled "An act
30 to amend section 5 of the act, approved the first day of
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1 February, one thousand eight hundred sixty-six (Pamphlet Laws
2 8), entitled 'A supplement to an act, entitled "an Act for the
3 better management of the Allegheny county prison," approved the
4 twenty-third day of March, Anno Domini one thousand eight
5 hundred and sixty-five,' by further regulating the transfer or
6 removal of inmates from jails in Allegheny County, and further
7 providing for the transfer of mentally ill inmates to State
8 mental hospitals."
9 (b) General repeal.--All acts or parts of acts inconsistent
10 herewith are hereby repealed to the extent of the inconsistency.
11 Section 11. Effective date.
12 This act shall take effect in six months.
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