PRINTER'S NO. 2218
No. 1809 Session of 1979
INTRODUCED BY LASHINGER, OCTOBER 9, 1979
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 9, 1979
AN ACT
1 Amending the act of May 19, 1923 (P.L.271, No.172), entitled "An
2 act providing a system of employment and compensation for the
3 inmates of county jails and prisons," further providing for
4 inmate labor and making a repeal.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 1, act of May 19, 1923 (P.L.271, No.172),
8 entitled "An act providing a system of employment and
9 compensation for the inmates of county jails and prisons," is
10 amended to read:
11 Section 1. [Be it enacted, &c., That all persons sentenced]
12 Every person confined under sentence to the several county jails
13 and prisons, [who are physically capable, may] unless
14 disqualified by sickness or determined by the county prison
15 board to be physically incapable or for other good cause, shall
16 be employed at labor [for] in and around the grounds of the jail
17 or prison, or upon any other property or grounds of the county
18 or of any political subdivision within the county, or at any
1 other tasks or industries which the county prison board may
2 direct, such labor not to exceed eight hours each day, other
3 than Sundays and public holidays. [Such employment may be in
4 such character of work and the production of such goods as may
5 now be manufactured and produced in such jails and prisons, and
6 may also be for the purpose of the manufacture and production of
7 supplies for said prisons and jails, or for the preparation and
8 manufacture of building material for the construction or repair
9 of the said prisons and jails, or in the manufacture and
10 production of crushed stone, brick, tile, and culvert pipe, or
11 other material suitable for draining roads, or in the
12 preparation of road building and ballasting material.] Each
13 prisoner employed shall be compensated at a rate to be
14 determined in good faith by the county prison board, except that
15 compensation shall not be given for labor imposed as discipline.
16 Individuals lodged in county jails or prisons may volunteer to
17 labor and, if employed, shall be similarly compensated.
18 Section 2. The act is amended by adding a section to read:
19 Section 1.1. Compensation may be in the form of cash, the
20 granting of additional privileges, the furnishing of other items
21 of value, or any combination of the three. Other items of value
22 include, but are not limited to, personal articles such as
23 toiletries and clothing, stationery, books and magazines, food,
24 or cigarettes, and must be in addition to or in excess of those
25 items already supplied to the prisoner.
26 Section 3. Sections 2 and 3 of the act are amended to read:
27 Section 2. The county [commissioners,] prison board or board
28 of inspectors[, or other person or persons] in charge of any
29 such jail or prison, shall determine the amount, kind, and
30 character of the machinery to be erected in such jail or prison,
19790H1809B2218 - 2 -
1 the industries to be carried on therein, and shall arrange for
2 the purchase and installation of such machinery at the expense
3 of the county. The applicable board may request and receive
4 technical assistance and advice from the Bureau of Correction in
5 setting up and developing such industries. They shall also
6 provide for the sale of articles and material produced. The
7 county commissioners shall make available the necessary funds to
8 carry out the provisions of this act.
9 Section 3. The authorities in charge of any such county jail
10 or prison shall [have authority to fix the wages of each
11 prisoner to be employed, and they shall] keep [an account of all
12 such wages and the amount due each prisoner. Three-fourths] a
13 record of the compensation of each prisoner employed. When the
14 compensation is in the form of cash, three-fourths of the amount
15 credited to each prisoner, or the entire amount if the prisoner
16 so wishes, shall constitute a fund for the relief of any person
17 or persons dependent upon such prisoner, and shall be paid to
18 such persons, [establishing] who establish dependency to the
19 satisfaction of the [said authorities] county prison board or
20 board of inspectors, at such times as [they] the applicable
21 board may prescribe.
22 [In] The one-fourth amount remaining to the prisoner, or in
23 case a prisoner has no person dependent upon him, the entire
24 amount of his wages shall be deposited for his benefit, and
25 shall be paid to him [as follows,---one-third] at the time of
26 his discharge[; one-third, three months thereafter; and one-
27 third, six months thereafter].
28 Section 4. The act is amended by adding a section to read:
29 Section 4.1. The Bureau of Correction shall make an annual
30 report to the General Assembly regarding the compliance of the
19790H1809B2218 - 3 -
1 county prison board or board of inspectors with the provisions
2 of this act, and the effectiveness of the individual county
3 employment programs.
4 Section 5. Section 1, act of May 25, 1907 (P.L.247, No.191),
5 entitled "An act authorizing the employment of male prisoners of
6 the jails, and workhouses of this Commonwealth upon the public
7 highways of the several counties, and regulating the same; and
8 providing for the establishment of Prison Boards, the purchase
9 of material and tools, and employment of deputies, at the
10 expense of the proper county, and a penalty for the escape of
11 prisoners while employed outside of said jails, workhouses," is
12 hereby repealed.
13 Section 6. This act shall take effect in 180 days.
I24L54CVV/19790H1809B2218 - 4 -