PRINTER'S NO. 4105
No. 2899 Session of 1990
INTRODUCED BY HERSHEY, PITTS, VROON, FLICK, E. Z. TAYLOR,
BARLEY, JACKSON, DIETTERICK, HECKLER, BUSH, NOYE,
D. F. CLARK, FARGO, MORRIS, BUNT, LINTON, J. TAYLOR, JOHNSON,
MERRY, CIVERA, PESCI, GEIST, TRELLO, JAMES AND BILLOW,
SEPTEMBER 26, 1990
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 26, 1990
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, authorizing the court to
3 sentence certain offenders to a county work camp; and
4 providing for the establishment of county work camp programs.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 9721(a) of Title 42 of the Pennsylvania
8 Consolidated Statutes is amended to read:
9 § 9721. Sentencing generally.
10 (a) General rule.--In determining the sentence to be imposed
11 the court shall, except where a mandatory minimum sentence is
12 otherwise provided by law, consider and select one or more of
13 the following alternatives, and may impose them consecutively or
14 concurrently:
15 (1) An order of probation.
16 (2) A determination of guilt without further penalty.
17 (3) Partial confinement.
1 (4) Total confinement.
2 (4.1) Placement in a county work camp program.
3 (5) A fine.
4 * * *
5 Section 2. Title 42 is amended by adding sections to read:
6 § 9725.1. County work camp program.
7 In counties where a work camp program has been established,
8 the court may, consistent with section 9757.1 (relating to
9 sentence of confinement in county work camp), order the
10 placement of a defendant in a county work camp program.
11 § 9757.1. Sentence of confinement in county work camp.
12 (a) General rule.--Except as provided in subsection (b), the
13 court may, where appropriate, order a defendant who is sentenced
14 to a maximum term of less than five years to be confined in a
15 county work camp.
16 (b) Ineligible defendants.--A defendant who has been
17 convicted of any of the following provisions of Title 18
18 (relating to crimes and offenses) shall not be sentenced to
19 confinement in a county work program:
20 Section 908 (relating to prohibited offensive weapons).
21 Section 2501 (relating to criminal homicide).
22 Section 2502 (relating to murder).
23 Section 2503 (relating to voluntary manslaughter).
24 Section 2702 (relating to aggravated assault).
25 Section 2901 (relating to kidnapping).
26 Section 3121 (relating to rape).
27 Section 3123 (relating to involuntary deviate sexual
28 intercourse).
29 Section 3301 (relating to arson and related offenses).
30 Section 3701 (relating to robbery).
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1 An attempt, solicitation or conspiracy to commit any of
2 the offenses listed in this subsection.
3 (c) Terms of sentence.--In imposing a sentence to be served
4 in a county work camp program, the court shall specify, at the
5 time of sentencing, the length of the term during which the
6 defendant is to be confined, which term shall not exceed the
7 maximum period authorized by law. The court shall impose a
8 minimum sentence of confinement which shall not exceed one-half
9 of the maximum sentence imposed. The court may order the
10 defendant to serve the sentence on consecutive or nonconsecutive
11 days or weekends.
12 (d) Conditions of confinement.--A defendant sentenced to
13 confinement in a county work camp shall be required to perform
14 the following:
15 (1) Maintenance and/or construction work for a political
16 subdivision, municipal authority or State agency.
17 (2) Maintenance and/or construction work for charitable
18 organizations.
19 (3) Improvement and/or maintenance activities on public
20 lands or facilities undertaken by the Pennsylvania Fish
21 Commission, the Pennsylvania Game Commission, the
22 Pennsylvania Historical and Museum Commission or the
23 Department of Environmental Resources.
24 (4) Environmental enhancement activities undertaken by a
25 political subdivision, municipal authority, charitable
26 organization or State agency.
27 (e) Earned time.--
28 (1) An inmate serving a sentence in a county work camp,
29 upon satisfactory compliance with the rules and regulations
30 of the county work camp program, shall be awarded one day of
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1 earned time credit for each two days that he has
2 satisfactorily complied with the program's rules and
3 regulations. The earned time credit shall be applied against
4 the minimum term of imprisonment.
5 (2) A person sentenced to a minimum term of 48 hours
6 shall not be eligible for an award of earned time.
7 (f) Establishment and operation of program.--Each county
8 prison board or similar body shall have the power to establish
9 and implement a county work camp program and to promulgate rules
10 and regulations concerning its operation. The county work camp
11 may be located at or near a county prison facility or at any
12 other location selected by the county prison board or similar
13 body. The program shall be supervised by a work camp
14 administrator who shall be appointed by the county prison board
15 or similar body.
16 (g) Immunity.--No county shall be liable to any person
17 confined in a work camp for civil damages as a result of any
18 negligent act or omission of its officers, employees or agents.
19 (h) Definition.--As used in this section, the term
20 "charitable organization" means a not-for-profit group or body
21 of persons which is created and/or exists for the purpose of
22 performing a humane service; promoting the good and welfare of
23 the aged, poor, infirm or distressed; combating juvenile
24 delinquency; or advancing the spiritual, mental, social and
25 physical improvement of young men and women.
26 Section 3. Section 9762 of Title 42 is amended to read:
27 § 9762. Sentencing proceeding; place of confinement.
28 All persons sentenced to total or partial confinement for:
29 (1) maximum terms of five or more years shall be
30 committed to the [Bureau of Correction] Department of
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1 Corrections for confinement;
2 (2) maximum terms of two years or more but less than
3 five years may be committed to the [Bureau of Correction]
4 Department of Corrections for confinement or may be committed
5 to a county prison or county work camp within the
6 jurisdiction of the court;
7 (3) maximum terms of less than two years shall be
8 committed to a county prison or county work camp within the
9 jurisdiction of the court except that as facilities become
10 available on dates and in areas designated by the Governor in
11 proclamations declaring the availability of State
12 correctional facilities, such persons may be committed to the
13 [Bureau of Correction] Department of Corrections for
14 confinement.
15 Section 4. This act shall take effect in 60 days.
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