PRIOR PRINTER'S NO. 591 PRINTER'S NO. 997
No. 579 Session of 1981
INTRODUCED BY FISHER, ZEMPRELLI, PECORA, HOWARD, GEKAS, O'PAKE,
GREENLEAF, STREET, HOPPER, SNYDER, BELL AND KELLEY,
MARCH 23, 1981
SENATOR GEKAS, JUDICIARY, AS AMENDED, JUNE 10, 1981
AN ACT
1 Establishing a Department of Corrections; providing for
2 correctional facilities for inmates, for administration of
3 correctional field services, for joint county detention
4 facilities and for the powers of courts with respect to
5 offenders, establishing the Pennsylvania Parole Commission
6 and providing for its powers and duties and making repeals.
7 TABLE OF CONTENTS
8 Chapter 1. Preliminary Provisions
9 Section 101. Short title.
10 Section 102. Definitions.
11 Chapter 2. Organization of the Department
12 Section 201. Establishment of department.
13 Section 202. Secretary of Corrections.
14 Section 203. Powers and duties of the secretary.
15 Section 204. Deputy Secretary for Education.
16 Section 205. Personnel.
17 Section 206. Advisory committees.
18 Section 207. Annual reports.
19 Chapter 3. Powers and Duties of the Department
1 Section 301. Departmental facilities, programs and
2 services.
3 Section 302. Establishment of State correctional facilities.
4 Section 303. Services and reports to municipalities.
5 Section 304. Complaint procedure.
6 Chapter 4. Inmates
7 Section 401. Commitment and transfer.
8 Section 402. Diagnostic centers and services.
9 Section 403. Transfer of mentally ill and mentally
10 retarded inmates.
11 Section 404. Programs for inmates.
12 Section 405. Inmate labor and training.
13 Section 406. Discipline.
14 Section 407. Medical care.
15 Section 408. Food protection and sanitation.
16 Section 409. Illness of inmates.
17 Section 410. Religious rights.
18 Section 411. Personal visits.
19 Section 412. Official visits.
20 Section 413. Mail.
21 Section 414. Discharge allowances.
22 Section 415. Inmates General Welfare Board.
23 Chapter 5. Administration of Correctional Field Services
24 Section 501. Establishment of departmental offices.
25 Section 502. Deputies.
26 Section 503. Correctional field service staff.
27 Section 504. Notification of parole violations.
28 Section 505. Absconding from parole.
29 Section 506. Expense of returning parole violators.
30 Section 507. Supervision of out-of-state parolees and
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1 probationers.
2 Section 508. Investigations for Board of Pardons.
3 Chapter 6. Pennsylvania Parole Commission
4 Section 601. Establishment of commission.
5 Section 602. Members of the commission.
6 Section 603. Chairman.
7 Section 604. Official seal.
8 Section 605. Salaries.
9 Section 606. Political activities restricted.
10 Section 607. Employees and offices.
11 Section 608. Quorum.
12 Section 609. Powers and duties.
13 Section 610. Parole violators and recommitment.
14 Section 611. Applicability.
15 Chapter 7. Joint County Detention Facilities
16 Section 701. Establishment of joint county detention
17 facilities.
18 Section 702. Advisory board.
19 Section 703. Administration of facilities.
20 Section 704. Employment of inmates.
21 Section 705. Costs.
22 Section 706. Property exempt from taxation.
23 Chapter 8. Miscellaneous Provisions
24 Section 801. Transfer of personnel, appropriations,
25 records, etc.
26 Section 802. Savings provisions.
27 Section 803. Transfers.
28 Section 804. Repeals.
29 Section 805. Effective date.
30 The General Assembly of the Commonwealth of Pennsylvania
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1 hereby enacts as follows:
2 CHAPTER 1
3 PRELIMINARY PROVISIONS
4 Section 101. Short title.
5 This act shall be known and may be cited as the "Corrections
6 Act."
7 Section 102. Definitions.
8 The following words and phrases as used in this act shall
9 have the meanings given them in this section unless the context
10 clearly indicates otherwise:
11 "Commission." The Pennsylvania Parole Commission.
12 "Community service center." A community based and oriented
13 facility which may provide "live-in" accommodations for
14 offenders:
15 (1) Who enroll in academic courses.
16 (2) Who participate in vocational training program.
17 (3) To utilize the resources of the community in meeting
18 their personal and family needs.
19 (4) Who obtain employment.
20 (5) Who participate in whatever specialized programs
21 exist in the community service center.
22 "Correctional field services." Any correctional program or
23 facility that is community based including State parole and
24 probation services, community service centers and all other
25 types of prerelease programs.
26 "Days." Calendar days unless otherwise specified.
27 "Department." The Department of Corrections established by
28 this act.
29 "Local correctional facility." Any jail, workhouse,
30 correctional institution or facility, penitentiary or prison
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1 operated by a county or other political subdivision.
2 "Parole." The conditional and revocable release of a
3 committed person under the authority of the commission or the
4 sentencing court.
5 "Parole services." Supervision, counselling, treatment and
6 other programs to assist an individual placed on parole.
7 "Prerelease programs." Any program that allows an inmate to
8 participate in a community service center, an educational or
9 work release program, or a furlough, under the rules established
10 pursuant to this act.
11 "Probation services." Supervision, counselling, treatment
12 and other programs to assist an individual placed on probation
13 by a sentencing court.
14 "Secretary." The Secretary of Corrections of the Department
15 of Corrections.
16 "State correctional facility." Any correctional institution,
17 regional correctional facility, community service center,
18 community based parole center or other facility operated by the
19 department for the custody, treatment, training, education and
20 reintegration of offenders committed to the Department of
21 Corrections.
22 "State correctional institution." The State correctional
23 facilities known as the State Correctional Institution at
24 Graterford, State Correctional Institution at Muncy, State
25 Correctional Institution at Dallas, State Correctional
26 Institution at Camp Hill, State Correctional Institution at
27 Rockview, State Correctional Institution at Huntingdon and the
28 State Correctional Institution at Pittsburgh and other such
29 institutions as may be authorized by law.
30 "State regional correctional facility." An institution that
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1 is operated on a regional basis for the custody, treatment,
2 training, education and reintegration of offenders sentenced to
3 confinement for a minimum term of six months or more and a
4 maximum sentence of less than five years who have been committed
5 to the Department of Corrections.
6 CHAPTER 2
7 ORGANIZATION OF THE DEPARTMENT
8 Section 201. Establishment of department.
9 An administrative department to be known as the Department of
10 Corrections is hereby established. The provisions of the act of
11 April 9, 1929 (P.L.177, No.175), known as "The Administrative
12 Code of 1929," which apply generally to administrative
13 departments shall also apply to the Department of Corrections.
14 Section 202. Secretary of Corrections.
15 (a) The department shall have as its chief administrative
16 officer the Secretary of Corrections who shall, either
17 personally, by deputy, or by the duly authorized agent or
18 employee of the department, and subject at all times to the
19 provisions of this act and of "The Administrative Code of 1929,"
20 exercise the powers and perform the duties by law vested in and
21 imposed upon the department.
22 (b) The Governor shall nominate and, by and with the advice
23 and consent of a majority of all the members elected to the
24 Senate, appoint the Secretary of Corrections.
25 (c) The salary of the secretary shall be $51,500.
26 Section 203. Powers and duties of the secretary.
27 (a) The secretary shall administer the department in
28 accordance with the provisions of this act and of "The
29 Administrative Code of 1929."
30 (b) The secretary shall prescribe rules and regulations for
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1 the operation of the department.
2 Section 204. Deputy Secretary for Education.
3 The Governor shall appoint an individual to be known as the
4 Deputy Secretary for Education whose responsibilities shall
5 include the planning, coordination and conduct of educational
6 and vocational programs for both correctional personnel and
7 inmates.
8 Section 205. Personnel.
9 (a) (1) The secretary shall appoint such personnel as are
10 required to administer the provisions of this act. Such
11 employees shall be appointed, suspended, discharged or
12 otherwise disciplined in accordance with the provisions of
13 "The Administrative Code of 1929" and of the act of August 5,
14 1941 (P.L.752, No.286), known as the "Civil Service Act." All
15 positions in the department shall be deemed to be included in
16 the list of positions set forth in section 3(d) of the "Civil
17 Service Act" and the provisions and benefits of that act
18 shall be applicable to the employees of, and the positions
19 in, the department.
20 (2) All employees of the department who have
21 satisfactorily completed a period of employment equivalent to
22 the probation period for like positions already listed in
23 classified service prior to the enactment of this act, shall
24 be provided all benefits and seniority which would have
25 accrued to their position and years of service as if their
26 positions were included in classified service from the onset
27 of their employment.
28 (b) The secretary, in accordance with "The Administrative
29 Code of 1929," and the State Civil Service Commission, shall
30 establish minimum qualifications and standards for positions in
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1 the department and shall provide initial and ongoing training
2 for all employees who have responsibility for the supervision of
3 offenders.
4 (c) To assist the department in fulfilling its
5 responsibilities, the secretary shall have the authority to
6 accept donations, uncompensated and voluntary services. Such
7 volunteers may be reimbursed for travel expenses at the same
8 rates as State employees.
9 Section 206. Advisory committees.
10 (a) An advisory committee on local probation and parole is
11 hereby created to assist the department. Its composition and
12 duties shall be as follows:
13 (1) It shall consist of nine members to be appointed by
14 the Governor, with the advice and consent of a majority of
15 the members elected to the Senate. At least two members shall
16 be members of the General Assembly, at least two shall be
17 judges of the courts of record of this Commonwealth, and at
18 least one shall be a county commissioner, one shall be a
19 chief county probation officer and one shall be an ex-
20 offender who has successfully completed supervision. The
21 remaining members shall be selected from the general public,
22 however, no more than two members of the advisory committee
23 shall be appointed from the same county of the Commonwealth.
24 (2) The initial members of the committee shall be
25 appointed for terms as follows: two members for terms of one
26 year; two for terms of two years; two for terms of three
27 years and three for terms of four years. The terms of members
28 thereafter appointed, except to fill a vacancy, shall be for
29 four years and until their successors have been appointed and
30 qualified. However, the terms of members of the committee who
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1 are appointed by virtue of holding office as a member of the
2 General Assembly, as a judge or as a county commissioner,
3 shall continue only as long as such person remains in that
4 office.
5 (3) The Governor shall designate one of the members of
6 the committee to serve as its chairman. Each member of the
7 committee shall be paid all accountable and necessary travel
8 expenses incurred by the member in the performance of
9 committee duties. The committee shall meet at the call of the
10 chairman or at the call of the secretary.
11 (4) The committee shall aid the chairman in formulating
12 and reviewing standards for probation and parole personnel
13 and services in the counties by the department.
14 (b) An advisory committee on local correctional facilities
15 is hereby created to assist the department. The composition of
16 the committee and its duties shall be as follows:
17 (1) It shall consist of nine members to be appointed by
18 the Governor with the advice and consent of a majority of the
19 members elected to the Senate. At least two members shall be
20 members of the General Assembly, at least two shall be judges
21 of the courts of record of this Commonwealth, and at least
22 one shall be a county commissioner, one shall be a warden of
23 a local correctional facility and one shall be an ex-offender
24 who was incarcerated for a period of time in a local
25 correctional facility and who has successfully completed his
26 or her sentence. The remaining members shall be selected from
27 the general public; however, no more than two members of the
28 committee shall be appointed from the same county of the
29 Commonwealth.
30 (2) The terms of the committee members and the selection
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1 of a chairman and reimbursement for certain expenses shall be
2 as provided in subsection (a)(2) and (3).
3 (3) The committee shall aid the secretary in
4 establishing minimum standards for local correctional
5 facilities as provided in section 303.
6 (c) The secretary shall establish an advisory committee for
7 education which will be chaired by the Secretary of Education.
8 (d) The secretary may establish any other such advisory
9 committees as may be deemed necessary to assist the department
10 in fulfilling its responsibilities under this act. Members of
11 advisory committees shall receive no compensation but may
12 receive reimbursement for reasonable expenses incurred when
13 actually engaged in their official duties as directed by the
14 secretary.
15 Section 207. Annual reports.
16 (a) The secretary shall transmit annually to the Governor,
17 the General Assembly, the judges of the courts of common pleas,
18 the Pennsylvania Commission on Sentencing and the Pennsylvania
19 Parole Commission a report on the department. The report shall
20 contain:
21 (1) A description and evaluation of the programs,
22 services and facilities of the department.
23 (2) Any recommendation or proposal for the alteration,
24 expansion, addition or discontinuance of programs, services
25 or facilities.
26 (3) Any recommendation for statutory change necessary to
27 improve programs, services or facilities.
28 (4) Any other information required by law, requested by
29 the Governor or determined to be useful by the secretary.
30 (b) The report shall be a matter of public record and shall
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1 be made available to the public at cost or at no charge, at the
2 secretary's discretion.
3 CHAPTER 3
4 POWERS AND DUTIES OF THE DEPARTMENT
5 Section 301. Departmental facilities, programs and services.
6 (a) The department shall have the power and its duty shall
7 be to maintain, supervise and administer the following
8 facilities, programs and services:
9 (1) All State correctional facilities for the care,
10 custody and correction of persons lawfully committed,
11 sentenced or transferred to the department.
12 (2) Parole services for any person:
13 (i) Committed by a criminal court and released on
14 parole by the commission.
15 (ii) When so directed by special order of the
16 sentencing court as a special parole case if there is a:
17 (A) felony conviction where the offender is
18 subject to a period of supervision of not less than
19 six months; or
20 (B) misdemeanor conviction where the offender
21 has a prior felony conviction and is subject to a
22 period of supervision of not less than six months; or
23 (C) felony or misdemeanor conviction where the
24 offender is currently under supervision of the
25 department.
26 (3) The department shall accept supervision
27 responsibility for persons placed on probation when so
28 directed by a court wherein the person is currently under the
29 jurisdiction of the department.
30 (4) In compliance with the Federal Interstate Compact
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1 Laws, to supervise persons paroled or placed on probation by
2 other states now residing in this Commonwealth, where such
3 other states agree to perform similar services for the
4 department.
5 (5) Services and assistance including the establishment
6 of standards for local correctional facilities to
7 municipalities operating local correctional facilities as set
8 forth in section 303.
9 (6) Establishment of programs of research, collection of
10 statistics and planning, including evaluation of the
11 performance of various functions of the department and the
12 effectiveness of the programs for offenders.
13 (7) To make presentence investigations and reports of
14 persons convicted of a felony or a misdemeanor where the
15 offender has a prior felony conviction when requested to do
16 so by the court.
17 (8) To oversee and establish rules in the manner
18 provided by law for the promulgation of regulations of
19 prerelease and prerelease programs as set forth in section
20 803.
21 (9) To collect copies of presentence investigations and
22 reports where necessary.
23 (10) Provide the commission with such information as it
24 requests in the performance of its duties and services.
25 (11) To establish Statewide standards for local
26 probation and parole as provided in section 303.
27 (12) To administer the existing grant-in-aid program to
28 county courts for the improvement of local probation and
29 parole services.
30 (13) With the approval of the secretary to receive and
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1 take custody of persons transferred or committed to the
2 department under the authority of the United States when
3 appropriate facilities are available and to receive
4 reimbursement for such services.
5 (14) TO SERVE AS THE CENTRAL ADMINISTRATOR OF AND <--
6 INFORMATION AGENT FOR THE AGREEMENT ON DETAINERS AS PROVIDED
7 IN 42 PA.C.S. § 9101 ET SEQ.
8 (b) The department shall have free and ready access to all
9 probation and parole records of the counties of this
10 Commonwealth.
11 Section 302. Establishment of State correctional facilities.
12 (a) The department shall have the power and its duty shall
13 be to establish, with the approval of the Governor, such State
14 correctional facilities as it may deem necessary to carry out
15 the provisions of this act. However, the department may only
16 establish or construct such additional State correctional
17 institutions and State regional correctional facilities as are
18 approved by the Governor and are provided by law.
19 (b) The department, with the approval of the Governor and
20 the governing body of the county involved, may acquire by
21 purchase or lease any county workhouse or jail or other suitable
22 existing facility for use as a State correctional facility.
23 (c) The department, with the approval of the Governor, may
24 select for acquisition by purchase or lease, by the Department
25 of General Services, tracts of land or other real property
26 suitable for the construction of or use by the department as
27 State correctional facilities.
28 (d) The secretary in determining that a new State
29 correctional facility is needed shall, prior to making such
30 recommendation to the Governor, complete a planning program,
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1 including but not limited to, the following:
2 (1) An account of the type, purpose, maximum capacity of
3 the facility, the need for the facility including reasons why
4 a less secure facility or alternative will not satisfy the
5 needs of the department, the type of person to be housed in
6 the facility, and the anticipated construction and
7 operational costs for a five-year period. In doing this, the
8 department will be guided by generally recognized standards
9 of appropriate national professional groups.
10 (2) A report on the security of the facility which
11 addresses the extent of supervision to be provided or
12 necessary, the type of person who will be placed there and
13 the extent of involvement the department has taken or will
14 take to involve the community in development of the facility
15 and its program prior to its opening.
16 (e) In establishing the size of any new State correctional
17 institution or State regional correctional institution, the
18 department will be guided by generally recognized standards of
19 appropriate national professional groups. The department shall
20 not establish a new State correctional institution that confines
21 more than one person per cell nor shall it establish a community
22 service center with a maximum capacity for over 30 persons.
23 Section 303. Services and reports to municipalities.
24 The department shall have the power and its duty shall be to
25 provide the following services and assistance to municipalities
26 operating local correctional facilities:
27 (1) The department shall after public hearings establish
28 minimum standards for local correctional facilities including
29 standards for physical facilities, standards for correctional
30 programs of treatment, education and reintegration of
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1 inmates, standards for staff development and training and
2 other matters necessary to the operation of such facilities.
3 (2) At least once annually, the department shall inspect
4 local correctional facilities and shall classify them in
5 accordance with standards established pursuant to paragraph
6 (1) as eligible to receive prisoners sentenced to maximum
7 terms of six months or more, but less than five years. The
8 department shall conduct such other inspections and
9 investigations of such facilities as it deems necessary.
10 (3) The department shall report to appropriate public
11 officials the results of its inspections of local
12 correctional facilities. The department shall make available
13 for public inspection all inspection reports after all
14 appropriate parties have had a reasonable time to review the
15 reports, but in no case later than 90 days from the
16 submission of the inspection report to the appropriate public
17 officials. Names and identifying information of all prisoners
18 shall be deleted from all reports available for public
19 inspection. The department shall have the power and its duty
20 shall be to enforce the standards established pursuant to
21 paragraph (1) by appropriate legal action in the Commonwealth
22 Court or in the court of common pleas for the county in which
23 the local correctional facility is located. The court shall
24 have jurisdiction to enter an appropriate order requiring
25 that the standards be met if the department establishes to
26 the court's satisfaction that they are reasonable.
27 (4) (i) Upon petition being presented to the department
28 by the official in charge of any local correctional
29 facility, and upon a showing of good cause therefor, the
30 secretary may transfer persons lawfully detained in a
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1 local correctional facility to a State correctional
2 facility. However, before any transfer is made, the court
3 of common pleas of the county wherein the local
4 correctional facility is located shall give its consent
5 to such transfer.
6 (ii) Upon petition being presented to the secretary
7 by the official in charge of any local correctional
8 facility, and upon a showing of good cause therefor, the
9 secretary may retransfer persons transferred to a State
10 correctional facility from a local correctional facility
11 pursuant to this paragraph. Such petition shall set forth
12 the names of the persons whom the official in charge of
13 any local correctional facility deems advisable to
14 transfer or retransfer, together with:
15 (A) in the case of persons committed, the date
16 of their commitment, and the term for which they were
17 sentenced; or
18 (B) in the case of persons convicted but
19 awaiting sentence, the date of conviction; or
20 (C) in case of persons in custody while awaiting
21 trial, the fact that they are so held; or
22 (D) in case of persons otherwise confined, the
23 reason for their confinement, and shall further set
24 forth the reasons for which authority is desired to
25 transfer or retransfer the persons therein named.
26 (iii) The cost of transferring, retransferring and
27 maintaining inmates transferred to State correctional
28 facilities pursuant to this paragraph shall be borne by
29 the county or other municipality making such request. The
30 department shall establish by regulation the daily cost
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1 of such maintenance and shall specify the manner and time
2 of reimbursement to the Commonwealth by the county or
3 other unit of local government. The department may
4 establish by regulation costs for special or
5 extraordinary services which shall be borne by the
6 county.
7 (iv) Such person or persons as may be so transferred
8 or retransferred shall be subject to the same term of
9 imprisonment as that imposed upon them at the time of
10 sentence under law.
11 (v) It shall be the duty of the warden or keeper of
12 the State or local correctional facility to which a
13 prisoner is transferred or retransferred immediately,
14 upon such transfer or retransfer, to give notice, in
15 writing, of the transfer or retransfer, to the governing
16 body of the county in which the prisoner was sentenced or
17 convicted or is being held, and to the clerk of the court
18 which sentenced or convicted the prisoner, or in which
19 the trial of the prisoner is pending, or which directed
20 the person be held, who shall file and enter the same of
21 record, and to the commission when the prisoner is
22 subject to commission authority.
23 (5) (i) The department shall have the power and its
24 duty shall be to establish minimum standards for
25 presentence investigations, supervision of probationers
26 and parolees, qualifications for probation and parole
27 personnel, minimum salaries and the quality of probation
28 and parole service.
29 (ii) The standards for the qualifications of
30 probation and parole personnel shall only apply to
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1 probation and parole personnel appointed after the date
2 the standards are established. Should any probation or
3 parole personnel appointed prior to the date the
4 standards were established fail to meet the standards,
5 the court, having jurisdiction of such personnel, may
6 request the department to establish inservice training
7 for such personnel in accordance with the standards.
8 (iii) The department shall provide inservice
9 training for personnel of county probation offices when
10 requested by the court.
11 (6) It shall be the duty of the inspectors, sheriffs or
12 other persons having charge of any local correctional
13 facility to transmit to the department on or before February
14 1 of each year a full statement in detail of the condition of
15 such local correctional facility and the inmates thereof
16 during the year ending on the previous December and such
17 other information as shall be specified by the department by
18 regulation.
19 Section 304. Complaint procedure.
20 The department shall establish a complaint procedure for all
21 persons confined in State correctional facilities or under the
22 department's supervision. The department shall provide:
23 (1) for an advisory role for employees and inmates of
24 State correctional facilities in the formulation,
25 implementation and operation of the procedure;
26 (2) for the filing of individual and collective
27 complaints;
28 (3) specific maximum time limits for written replies to
29 complaints with reasons thereto at each decision level within
30 the system;
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1 (4) for priority processing of complaints which are of
2 an emergency nature, including matters in which delay would
3 subject the complainant to substantial risk of personal
4 injury or other damages;
5 (5) for safeguards to avoid reprisals against any
6 complainant or participant in the resolution of a grievance;
7 and
8 (6) for the independent review of the disposition of
9 complaints including alleged reprisals, by the General
10 Counsel of the Commonwealth or his designee. The General
11 Counsel or his designee shall make public an annual report
12 concerning the exercise of his functions under this section.
13 CHAPTER 4
14 INMATES
15 Section 401. Commitment and transfer.
16 (a) The department shall accept custody of every person
17 committed, sentenced or transferred to the department in
18 accordance with law.
19 (b) All persons sentenced to total or partial confinement
20 for:
21 (1) Maximum terms of five or more years shall be
22 committed to the department for confinement.
23 (2) Maximum terms of two years or more but less than
24 five years may be committed to the department for confinement
25 or may be committed to a county prison within the
26 jurisdiction of the court.
27 (3) Maximum terms of less than two years shall be
28 committed to a local correctional facility within the
29 jurisdiction of the court. Persons sentenced to confinement
30 for a minimum term of six months or more and a maximum of
19810S0579B0997 - 19 -
1 less than five years may be committed to a State regional
2 correctional facility when such facilities are available.
3 (c) The secretary shall have complete authority to transfer,
4 after initial assignment, any person lawfully confined in any
5 State correctional facility to any other State correctional
6 facility subject to the limitations contained in section 803.
7 Section 402. Diagnostic centers and services.
8 (a) The department shall provide diagnostic centers to make
9 an expeditious examination of the physical and psychological
10 condition of persons committed to its care.
11 (b) Every person sentenced after the effective date of this
12 act by any court in this Commonwealth to a State correctional
13 facility shall be sent to and received by the diagnostic center
14 designated by the secretary, in his discretion, as proper for
15 persons sentenced from that judicial district. Such diagnostic
16 services shall be completed as soon as possible and in no case
17 longer than 60 working days excluding Saturdays, Sundays and
18 holidays after admission. However, the provisions of this
19 subsection shall not apply to those persons condemned to death.
20 (c) Every person delivered to and received by any diagnostic
21 center in accordance with this act shall be therein confined,
22 diagnosed and classified by the department for incarceration or
23 care in the State correctional facility deemed by the department
24 to be appropriate, subject to the limitations contained in
25 section 803. Such person shall be assigned to such State
26 correctional facility for service of sentence, and such person
27 may be reassigned at any time to the proper diagnostic center
28 for reclassification.
29 (d) Upon assignment of each person from any diagnostic
30 center, the department shall expeditiously make a written report
19810S0579B0997 - 20 -
1 of the examination of the inmate including findings resulting
2 from that examination, which shall include a designation of the
3 institution of assignment and the date of assignment. This
4 report shall be filed with the clerks of the court from which
5 the person was sentenced or committed. A copy of each report
6 shall be sent to the institution to which the person was
7 assigned, to the commission and to the secretary. The report in
8 the office of the clerk of court shall be impounded and shall be
9 accessible only upon authorization in writing by a judge of the
10 court from which the person was sentenced or committed.
11 (e) At the request of any sentencing court, and in
12 accordance with standards established by the department,
13 diagnostic services shall be provided for any person who has
14 been convicted, is before the court for sentencing, and is
15 subject to commitment to the department. Such diagnostic
16 services shall be completed as soon as possible and in no case
17 longer than 60 days after request of the sentencing court. A
18 report of the findings shall be furnished to the court.
19 Section 403. Transfer of mentally ill and mentally retarded
20 inmates.
21 (a) The department shall establish programs and procedures
22 for identifying and evaluating mentally ill and mentally
23 retarded inmates and where deemed appropriate initiate legal
24 proceedings for their transfer and treatment in accordance with
25 the act of July 9, 1976 (P.L.817, No.143), known as the "Mental
26 Health Procedures Act."
27 (b) The department shall establish such programs and
28 services as necessary to treat those individuals who are
29 lawfully transferred from a mental health facility to State
30 correctional facilities and for other inmates and parolees the
19810S0579B0997 - 21 -
1 department deems in need of mental health care and treatment but
2 not committable under the "Mental Health Procedures Act."
3 Section 404. Programs for inmates.
4 (a) Efforts of the department shall be directed generally
5 toward the ultimate reintegration with family and community for
6 all persons committed to the custody of the department.
7 (b) The department shall establish programs of education,
8 counselling, psychotherapy, drug and alcohol rehabilitation,
9 work, vocational training and guidance, and such other programs
10 as are deemed necessary or desirable to meet the needs of
11 inmates. To the extent feasible, the department shall provide
12 inmates in institutions an opportunity to participate in the
13 development of such programs.
14 (c) The department shall provide an inmate exercise of not
15 less than one hour daily, unless the inmate has clearly
16 demonstrated recent assaultive or dangerous behavior toward
17 himself or others.
18 (d) An inmate shall be permitted to choose whether to
19 participate in an educational, vocational, recreational, drug
20 and alcohol rehabilitative programs, counselling or any other
21 rehabilitative program or medical treatment. For the purpose of
22 this subsection an assigned work project is not deemed a
23 rehabilitative program.
24 (e) An inmate may be required to undergo medical treatment
25 by order of a court or if reasonably believed necessary by a
26 licensed physician to be necessary to treat communicable disease
27 or to save the life of the inmate.
28 Section 405. Inmate labor and training.
29 (a) The department shall AS DEEMED NECESSARY AND REASONABLE <--
30 provide employment opportunities, work experiences and
19810S0579B0997 - 22 -
1 vocational training for all inmates in State correctional
2 institutions and State regional correctional facilities. To the
3 maximum extent possible, vocational training and experience
4 shall reflect conditions of employment in the community. Inmates
5 shall not be required to work in excess of eight hours per day,
6 six days per week.
7 (b) The department shall sell articles manufactured or
8 produced in the State correctional institutions. The proceeds of
9 which shall be deposited into the Manufacturing Fund through the
10 Department of Revenue. These sales may be to any Commonwealth
11 agency, political subdivision created by law of this
12 Commonwealth, or to any educational or charitable institution
13 receiving aid from the Commonwealth, any agency, department,
14 bureau, commission or authority of the Federal Government, or
15 any education or charitable institution receiving aid from the
16 Federal Government, or to any other state.
17 (c) Every administrative department, board, commission or
18 other agency of the Commonwealth, or a political subdivision
19 thereof, prior to purchasing goods, furniture, supplies or
20 equipment manufactured by the department, as published in the
21 Pennsylvania Bulletin, shall submit to the department the
22 invitations to bid together with bid specifications relating to
23 the item or items intended to be purchased. The Department of
24 General Services shall not award a purchase contract for items
25 of a type manufactured by the department unless the department
26 has been notified and invited to submit a bid. The intent of
27 this subsection is to give the opportunity to the department to
28 compete with other manufacturers or suppliers.
29 (d) All moneys received under subsection (b) shall be paid
30 into the Manufacturing Fund. The department shall pay out of the
19810S0579B0997 - 23 -
1 fund all necessary expenses for the proper conduct of the work
2 of the department pertaining to the establishment, maintenance
3 and carrying on of industries in the State correctional
4 facilities. Estimates of the amount to be expended from the
5 Manufacturing Fund shall be submitted to the Governor from time
6 to time for his approval.
7 (e) Inmates shall be compensated at rates fixed by the
8 secretary for work performed including institutional
9 maintenance. Inmates who are unable to work because of injury,
10 illness or other capacity or who work in areas not funded from
11 the Manufacturing Fund shall be compensated from the
12 appropriation to operate the institutions at rates to be fixed
13 by the department.
14 (f) When the department is unable to provide work for every
15 physically able inmate, the department may permit inmates to
16 engage in such work or industries as the department may approve
17 and which they are able to provide from other sources. All such
18 articles manufactured or produced shall be sold, and all moneys
19 received shall be subject to the rules of subsection (b).
20 Section 406. Discipline.
21 (a) The department shall adopt rules and regulations for the
22 maintenance of order and discipline and for the safety and
23 security of all persons in correctional facilities. Correctional
24 facility superintendents may adopt supplementary rules for their
25 facility subject to the department's approval. A violation of
26 the rules or regulations shall constitute a disciplinary
27 infraction for which an inmate may be punished pursuant to the
28 provisions of this chapter or if a violation of law according to
29 the prescribed penalties.
30 (b) The department shall promulgate such rules and
19810S0579B0997 - 24 -
1 regulations in accordance with the Commonwealth Documents Law.
2 (c) The rules and regulations shall define with
3 particularity the conduct regulated and the proscribed maximum
4 punishment for the infraction proportionate to the seriousness
5 of the infraction or history of prior violations.
6 (d) The punishment that may be imposed for a disciplinary
7 infraction are:
8 (1) Confinement in a separate housing unit.
9 (2) Confinement in the inmate's housing unit.
10 (3) Restrictions or loss of privileges.
11 (4) Restrictions or loss of use of certain personal
12 property.
13 (5) Reasonable restitution to the department for
14 personal injury or property damage.
15 (e) Punishments that shall not be imposed on inmates for
16 violation of rules and regulations are:
17 (1) Corporal punishment.
18 (2) Loss of physical exercise, unless the violation
19 related directly to such an activity or unless such
20 participation would jeopardize human life or institutional
21 security.
22 (3) Restrictions or loss of religious programs, unless
23 the violation related directly to such an activity or unless
24 such participation would jeopardize human life or
25 institutional security.
26 (4) Restrictions or loss of visiting unless the
27 violation related directly to such an activity or unless such
28 participation would jeopardize human life or institutional
29 security.
30 (5) Restrictions or loss of food.
19810S0579B0997 - 25 -
1 (f) An inmate placed in isolation shall be provided the same
2 food in the normal diet of inmates not in isolation and shall
3 receive adequate lighting, normal room temperatures, toilet,
4 bedding, water for drinking and washing, and clothing. The
5 removal of any of these items shall be only to prevent suicide
6 or self-destructive acts or damage to the cell or its equipment.
7 (g) An inmate shall not be placed in an isolation cell
8 without the approval of the highest ranking officer on duty in
9 the institution at the time. A record of all admissions,
10 releases, visits to the cell, and other events except those of a
11 routine nature shall be maintained at or near the solitary
12 cells.
13 Section 407. Medical care.
14 (a) The department, in conjunction with the appropriate
15 governmental agencies and departments, shall establish and shall
16 prescribe standards for medical and dental services for each
17 facility under the jurisdiction of the department, including
18 preventive, diagnostic and therapeutic measures on both an
19 outpatient and inpatient basis, for all inmates. Said standards
20 shall be approved by the Department of Health. The Department of
21 Health shall annually inspect and certify the medical facilities
22 under the jurisdiction of the department.
23 (b) An inmate may be taken, when necessary, to a medical
24 facility outside the jurisdiction of the department.
25 (c) The department shall at a minimum insure that the
26 following health care services are provided to all inmates in
27 State correctional institutions:
28 (1) Twenty-four hour-a-day care by a licensed health
29 care practitioner.
30 (2) Care by a licensed physician on call on a 24 hour-a-
19810S0579B0997 - 26 -
1 day basis.
2 (3) Daily sick call with a physician present.
3 (4) Daily sick call made available to inmates confined
4 in isolation.
5 (5) Separate infirmary units for treatment of inmates
6 whose physical and mental ailments necessitate segregation.
7 (6) Special diets for inmates under medical care when so
8 directed by the physician.
9 (d) Subsections (a) and (c) shall take effect one year from
10 the effective date of this act.
11 Section 408. Food protection and sanitation.
12 The department shall comply with the food protection and
13 sanitation standards promulgated by the Department of
14 Environmental Resources. The Department of Environmental
15 Resources shall inspect correctional institutions on a regular
16 basis for compliance and shall make their findings available for
17 public inspection, including any corrective schedule agreed to
18 by the Department of Environmental Resources for the correction
19 of any deficiencies. This section shall take effect one year
20 from the effective date of this act.
21 Section 409. Illness of inmates.
22 Whenever any inmate is confined in any State or local
23 correctional facility under sentence or is so confined while
24 awaiting trial or is confined for any other reason or purpose
25 and it is shown to a court of record by sufficient evidence that
26 such inmate is seriously ill, and that it is necessary that the
27 inmate be removed from such State or local correctional
28 facility, the court shall have the power to modify the inmate's
29 sentence, impose a suitable sentence, or modify the order of
30 confinement for trial, as the case may be, and provide for the
19810S0579B0997 - 27 -
1 official detention for the care of such inmate in some other
2 suitable medical institution or facility where proper treatment
3 may be administered. Upon the recovery of such person, the court
4 shall recommit the inmate to the State or local correctional
5 institution from which the inmate was removed.
6 Section 410. Religious rights.
7 Any person confined or detained in any State or local
8 correctional facility shall have the right to receive religious
9 counselling and to participate in religious or liturgical
10 services according to the practices of the religion of his
11 choice. Each correctional facility shall reasonably accommodate
12 such religious counselling and services upon its own premises
13 including but not limited to providing nutritious meals that do
14 not violate the dietary laws of his religion and permit the
15 observance of religious holidays unless it violates the security
16 or safety of the correctional facility.
17 Section 411. Personal visits.
18 (a) The department shall establish a visiting schedule for
19 each correctional facility which shall provide minimum visiting
20 hours for inmates including holidays and weekends. Visits from
21 official visitors shall not be counted against the inmate's
22 minimum visiting period.
23 (b) The department shall permit each inmate at least two
24 hours of visiting time each week unless the inmate is in
25 isolation in which case the minimum visiting period shall be at
26 least one hour per week.
27 (c) The department shall promulgate regulations and
28 procedures for the termination and suspension of any or all
29 visiting if during the visitation period such inmate or the
30 visitor violates any law or rule or regulation regarding
19810S0579B0997 - 28 -
1 visitation or the provisions of 18 Pa.C.S. §§ 5121 (relating to
2 escape), 5122 (relating to weapons or implements for escape) and
3 5123 (relating to contraband).
4 Section 412. Official visits.
5 (a) For the purpose of this section, "official visitor" is:
6 the Governor, the President pro tempore and members of the
7 Senate, the Speaker and members of the House of Representatives,
8 the judges of the Supreme Court, the General Counsel and his
9 deputies, the president and associate judges of all the courts
10 in the State and authorized members of the Pennsylvania Prison
11 Society. Names of the Pennsylvania Prison Society members who
12 have been designated as official visitors shall be given to the
13 appropriate correctional institution in writing under its
14 corporate seal. In addition, the Governor shall have the power
15 to appoint other official visitors provided no expense shall be
16 incurred thereby to the Commonwealth.
17 (b) Any official visitor is hereby authorized and empowered
18 to enter and visit any local or State correctional facility on
19 any and every day including Sundays between the hours of 9:00
20 a.m. and 5:00 p.m.. Visits at any other time shall be made only
21 with the special permission of the correctional official in
22 charge of the facility. If the correctional official in charge
23 of the facility shall be of the opinion that the visit would be
24 dangerous to the discipline or welfare of the facility, or the
25 safety of the visitor, the correctional official in charge of
26 the facility may temporarily deny, with the approval of the
27 General Counsel, entry to any official visitor for the duration
28 of the crisis. If this temporary exclusion exceeds 72 hours the
29 official visitor may apply to Commonwealth Court for a ruling
30 upon the General Counsel to show cause why the official visitor
19810S0579B0997 - 29 -
1 should not be permitted entry into the correctional facility.
2 (c) Such official visitors shall have the right to interview
3 privately any prisoner or inmate confined in any State or local
4 correctional facility, and for that purpose to enter the cell,
5 room or apartment wherein any such person or inmate shall be
6 confined. However, if the superintendent or person in charge of
7 such facility at the time of such visit shall be of the opinion
8 that the entry into the cell would be dangerous to the
9 discipline of the facility, then the superintendent or person in
10 charge may conduct any inmate, with whom such official visitor
11 may desire a private interview, into such other cell or room as
12 he may designate and there permit the private interview between
13 the official visitor and such inmate to take place.
14 (d) An official visitor shall be subject to the provisions
15 of 18 Pa.C.S. §§ 5121 (relating to escape), 5122 (relating to
16 weapons or implements for escape) and 5123 (relating to
17 contraband).
18 (e) If an official visitor violates any of the provisions of
19 this section, any superintendent, warden or official in charge
20 of a local or State correctional facility, may apply to any
21 court of common pleas in the county wherein such institution may
22 be situated for a ruling upon such visitor to show cause why he
23 or she should not be deprived of his or her official visiting
24 status, and upon proof to the satisfaction of such court, such
25 court shall enter a decree against such official visitor
26 depriving him or her of all rights, privileges and functions of
27 official visitor.
28 Section 413. Mail.
29 (a) The department shall prescribe regulations for the
30 handling of incoming and outgoing correspondence.
19810S0579B0997 - 30 -
1 (b) The department shall provide reasonable postage to all
2 confined persons it determines to be indigent.
3 (c) Outgoing mail shall not be opened by staff.
4 (d) Incoming official mail shall not be opened by staff,
5 except in the presence of the inmate for the sole purpose of
6 insuring the absence of contraband.
7 Section 414. Discharge allowances.
8 Inmates released upon completion of their term or released on
9 parole may, in accordance with rules promulgated by the
10 department, be supplied with appropriate clothing,
11 transportation and financial assistance.
12 Section 415. Inmates General Welfare Board.
13 (a) There is hereby created a departmental administrative
14 board which shall be known as the "Inmates General Welfare
15 Board" and which shall consist of the General Counsel, the
16 Comptroller of the Department of Corrections and the Secretary
17 of the Department of Corrections. The board shall have the
18 power, and its duty shall be, to administer, manage, prudently
19 invest and account for:
20 (1) the personal funds of all inmates; and
21 (2) all funds which have been or will hereafter be
22 contributed to the department or its various institutions for
23 the general welfare of the inmates.
24 (b) Any money found upon or in the possession of any inmate
25 in violation of the provisions of 18 Pa.C.S. § 5123(b) (relating
26 to contraband) shall be confiscated and used for the general
27 welfare of the inmates in accordance with the provisions of
28 subsection (a).
29 CHAPTER 5
30 ADMINISTRATION OF CORRECTIONAL FIELD SERVICES
19810S0579B0997 - 31 -
1 Section 501. Establishment of departmental offices.
2 (a) The department may, with approval of the Governor,
3 divide the Commonwealth for administrative purposes into a
4 suitable number of regions, in each of which there shall be a
5 department office which shall have immediate charge of all
6 correctional field services.
7 (b) As the occasion may require, the supervision of
8 particular probationers, parolees and inmates of State
9 correctional facilities participating in correctional field
10 service programs may be transferred by the department to the
11 appropriate regions.
12 (c) The department shall fix and determine the location of
13 the various offices within their respective regions having
14 regard to local conditions and to the most convenient and
15 efficient functioning of the office therein established.
16 Section 502. Deputies.
17 (a) The secretary is hereby authorized and empowered to
18 deputize any person employed by the department and responsible
19 for the supervision of offenders, to act as an officer and agent
20 of this Commonwealth in effecting the return of any person who
21 has escaped from the custody or supervision of the department or
22 has violated the terms and conditions of parole, prerelease or
23 probation as granted by the commission, the department, or by
24 any court of this Commonwealth having criminal jurisdiction when
25 assistance of the department is requested by the court. In
26 matters relating to the return of such a person, any agent so
27 deputized shall have all the powers of a police officer of the
28 State.
29 (b) Any deputization, pursuant to this section, shall be in
30 writing and any person authorized to act as an agent of this
19810S0579B0997 - 32 -
1 Commonwealth pursuant thereto, shall carry formal evidence of
2 the deputization and shall produce the same upon demand.
3 Section 503. Correctional field service staff.
4 Staff responsible for parole supervision and so designated by
5 the secretary are hereby declared to be peace officers and are
6 hereby given police power and authority throughout the
7 Commonwealth to arrest without warrant, writ, rule or process
8 any inmate, parolee or probationer under the supervision of the
9 department, or when requested to do so by any court of this
10 Commonwealth having criminal jurisdiction for failing to report
11 as required by terms of his probation or parole, or for any
12 other violation thereof.
13 Section 504. Notification of parole violations.
14 (a) The department shall keep regular records of any
15 suspected parole violation When the department finds probable
16 cause that a violation exists, it may charge the parolee with
17 said violation. In all cases where the department charges a
18 parole violation it shall forthwith in writing notify the
19 commission and the parolee of said charges and may if it deems
20 it necessary detain the person for a preliminary hearing. The
21 commission shall in any event conduct a preliminary hearing by a
22 commission member or its designated representative within
23 reasonably prompt time of such notification or detention,
24 whichever is earlier. The commission shall determine if there is
25 probable cause to believe that the parolee has violated specific
26 conditions of parole and whether the parolee should be detained
27 until a revocation hearing can be held.
28 (b) If probable cause is established, the commission shall
29 conduct a revocation hearing to determine if a preponderance of
30 the evidence exists to suggest that a parolee has substantially
19810S0579B0997 - 33 -
1 violated conditions of parole and whether parole should be
2 revoked. However, the department, when requested by a court of
3 this Commonwealth with criminal jurisdiction to effect the
4 return of a suspected probation or parole violator, shall upon
5 apprehension of said suspected violator return him or her to the
6 custody of the court.
7 Section 505. Absconding from parole.
8 The department shall notify the commission whenever a parolee
9 has not made himself available for parole supervision as
10 required by the commission. The commission may then declare the
11 individual an absconder from parole and may decide that the
12 period during which such individual was not available for parole
13 supervision shall not count as part of the sentence for which
14 the parolee was originally sentenced.
15 Section 506. Expense of returning parole violators.
16 The secretary may enter into contracts with similar officials
17 of any other state or states for the purpose of sharing an
18 equitable portion of the cost of effecting the return of any
19 person who has violated the terms and conditions of parole or
20 probation as granted by this Commonwealth. All such contracts in
21 effect as of the effective date of this act shall remain fully
22 in effect, except that the Commonwealth official party to such
23 contracts shall be, instead of the Chairman of the Pennsylvania
24 Board of Probation and Parole, the Secretary of Corrections.
25 Section 507. Supervision of out-of-state parolees and
26 probationers.
27 In compliance with the Federal Interstate Compact Laws, the
28 Department of Corrections is authorized to supervise persons
29 paroled or placed on probation by other states and now residing
30 in this Commonwealth, where such other states agree to perform
19810S0579B0997 - 34 -
1 similar services for the Pennsylvania Department of Corrections
2 or have agreed to perform similar services for the Pennsylvania
3 Board of Probation and Parole.
4 Section 508. Investigations for Board of Pardons.
5 The department shall make investigations and recommendations
6 to the Board of Pardons in cases coming before it, and upon its
7 request.
8 CHAPTER 6
9 PENNSYLVANIA PAROLE COMMISSION
10 Section 601. Establishment of commission.
11 There is hereby established an independent administrative
12 commission for the administration of the parole laws of this
13 Commonwealth which shall be known as the Pennsylvania Parole
14 Commission, hereafter referred to as the commission. The
15 provisions of the act of April 9, 1929 (P.L.177, No.175), known
16 as "The Administrative Code of 1929," which apply generally to
17 independent administrative boards and commissions shall also
18 apply to the commission.
19 Section 602. Members of the commission.
20 (a) The commission shall consist of five members appointed
21 by the Governor, by and with the advice and consent of a
22 majority of all members elected to the Senate, and each of whom
23 shall hold office for a term of six years, or until a successor
24 shall have been duly appointed and confirmed, CONFIRMED AND <--
25 CERTIFIED.
26 (b) The present members of the Pennsylvania Board of
27 Probation and Parole as established by the act of August 6, 1941
28 (P.L.861, No.323), referred to as the Pennsylvania Board of
29 Probation and Parole Law, shall become members of the new
30 commission until the terms for which they were appointed shall
19810S0579B0997 - 35 -
1 expire. Notwithstanding any other provision of law to the <--
2 contrary, every appointee of the Governor shall only serve for
3 the term of office as is set forth in the appointing commission.
4 No appointee shall hold any office until any successor is
5 appointed and qualified. AND NEW MEMBERS SHALL HAVE BEEN DULY <--
6 APPOINTED, CONFIRMED AND CERTIFIED. Vacancies occurring in an
7 office of a member of the commission by expiration of term,
8 death, resignation, removal or for any other reason shall be
9 filled in the manner aforesaid for the remainder of the term.
10 (c) The members of the commission shall not hold any other
11 public office or employment, nor engage in any business,
12 profession or employment during their terms of service as
13 members thereof, and shall hold their offices during the terms
14 for which they shall have been appointed, so long as they shall
15 behave themselves well.
16 (d) A member of the commission may be removed by the
17 Governor, by and with the advice and consent of a majority of
18 all the members of the Senate. During a recess of the Senate the
19 Governor may suspend a member of the commission for cause, and
20 before suspension he shall furnish to such member a statement in
21 writing of the reasons for his proposed suspension, and such
22 suspension shall operate and be effective only until the
23 adjournment of the next session of the Senate following such
24 suspension.
25 Section 603. Chairman.
26 The Governor shall from time to time, as the occasion may
27 arise, designate one of the members of the commission to be its
28 chairman who shall direct the operations of the commission and
29 fulfill the functions established by this act. He shall preside
30 at all meetings of the commission and perform all the duties and
19810S0579B0997 - 36 -
1 functions of chairman thereof. The commission may designate one
2 of its members to act as chairman during the absence or
3 incapacity of the chairman and, when so acting, the member so
4 designated shall have and perform all the powers and duties of
5 chairman of the commission, but shall not receive any additional
6 compensation for so acting. The chairman, in performing his
7 duties, shall act in accordance with the policies and procedures
8 established by the commission.
9 Section 604. Official seal.
10 The commission shall adopt an official seal by which its acts
11 and proceedings shall be authenticated and of which the courts
12 shall take judicial notice. The certificate of the chairman of
13 the commission, under the seal of the commission and attested by
14 the secretary, shall be accepted in evidence in any judicial
15 proceeding in any court of this Commonwealth as adequate and
16 sufficient proof of the acts and proceedings of the commission
17 therein certified to.
18 Section 605. Salaries.
19 The salary of the chairman of the commission and the members
20 of the commission shall be determined by the Executive Board.
21 Section 606. Political activities restricted.
22 (a) No member of the commission, or officer, clerk or
23 employee thereof, or any person officially connected therewith,
24 shall take any active part in politics or be a member of or
25 delegate or alternate to any political convention or be present
26 at such convention, except in the performance of his official
27 duties hereunder. No member of the commission, officer, clerk or
28 employee thereof, or any person officially connected therewith,
29 shall serve as a member of or attend the meetings of any
30 committee of any political party, or take any part in political
19810S0579B0997 - 37 -
1 management or political campaigns, or use his office to
2 influence political movements, or to influence the action of any
3 other officer, clerk or employee of said commission. No member
4 of the commission, officer, clerk or employee thereof, or any
5 person officially connected therewith, shall in any way or
6 manner interfere with or participate in the conduct of any
7 election or the preparation therefor at the polling place, or
8 with the election officers while counting the votes or returning
9 the ballot boxes, books, papers, election paraphernalia and
10 machinery to the place provided by law, or be within any polling
11 place, save only for the purpose of voting as speedily as it
12 reasonably can be done, or be otherwise within 50 feet thereof,
13 except for purposes of ordinary travel or residence during the
14 period of time beginning with one hour preceding the opening of
15 the polls for holding the election and ending with the time when
16 the election officers shall have finished counting the votes and
17 have left the polling place. No member of the commission,
18 officer, clerk or employee thereof, or any person officially
19 connected therewith, shall directly or indirectly make or give,
20 demand or solicit, or be in any manner concerned in making,
21 giving, demanding, soliciting or receiving any assessments,
22 subscriptions or contributions, whether voluntary or
23 involuntary, to any political party or for any political purpose
24 whatsoever.
25 (b) Any person or persons who shall violate any of the
26 provisions of this section shall be guilty of a misdemeanor,
27 and, upon conviction thereof, be punished by a fine not
28 exceeding $500 and imprisonment not exceeding one year, either
29 or both, in the discretion of the court, and in addition
30 thereto, shall forfeit his office or employment, as the case may
19810S0579B0997 - 38 -
1 be, and shall not thereafter be appointed or employed by the
2 commission in any position or capacity whatsoever. It shall be
3 the duty of the commission to dismiss from his office or
4 employment any officer, clerk or employee thereof who shall
5 violate this section.
6 Section 607. Employees and offices.
7 (a) The commission shall appoint a parole secretary, who
8 shall not be a member of the commission, who shall have such
9 powers and perform such duties not inconsistent with any law of
10 this Commonwealth as the commission shall prescribe. In the
11 absence or incapacity of the parole secretary to act the
12 commission may designate such other person as it may choose to
13 perform temporarily the duties of the parole secretary.
14 (b) The commission shall appoint and employ such number and
15 character of employees and establish such number of offices as
16 may be necessary to carry out the purpose of this act. Such
17 employees shall be appointed, suspended, discharged or otherwise
18 disciplined in accordance with the act of April 9, 1929
19 (P.L.177, No.175), known as "The Administrative Code of 1929,"
20 and the act of August 5, 1941 (P.L.752, No.286), known as the
21 "Civil Service Act."
22 Section 608. Quorum.
23 A majority of the commission shall constitute a quorum for
24 transacting business and, except as hereinafter otherwise
25 provided, a majority vote of those present at any meeting shall
26 be sufficient for any official action taken by the commission.
27 No person shall be paroled, discharged from parole, or the
28 parole of any person revoked, except by a majority of the entire
29 membership of the commission.
30 Section 609. Powers and duties.
19810S0579B0997 - 39 -
1 (a) The commission shall have exclusive power to parole and
2 reparole, commit and recommit for violations of parole, and to
3 discharge from parole all persons sentenced by any court in this
4 Commonwealth to imprisonment in any State or local correctional
5 facility. However, the powers and duties conferred on the
6 commission shall not extend to persons sentenced for a maximum
7 period of less than two years, and nothing in this act shall
8 prevent any court of this Commonwealth from paroling any person
9 sentenced by it for a maximum period of less than two years. The
10 period of two years shall mean the entire continuous term of
11 sentence to which a person is subject, whether the same be by
12 one or more sentences, either to simple imprisonment or to an
13 indeterminate imprisonment at hard labor, as authorized by law
14 to be imposed for criminal offenses. The power of the commission
15 to parole shall extend to prisoners sentenced to definite or
16 flat sentences.
17 (b) The commission is hereby authorized to release on parole
18 any convict confined in any penal institution of this
19 Commonwealth as to whom power to parole is herein granted to
20 said commission, except convicts condemned to death or serving
21 life imprisonment, whenever in its opinion the best interests of
22 the convict justify or require his being paroled and it does not
23 appear that the interests of the Commonwealth will be injured
24 thereby. The power to parole herein granted to the commission
25 may not be exercised in the commission's discretion at any time
26 before, but only after, the expiration of the minimum term of
27 imprisonment fixed by the court in its sentence or by the Board
28 of Pardons in a sentence which has been reduced by commutation:
29 However, if the commission refuses to parole the prisoner at the
30 expiration of any minimum term fixed by the Board of Pardons, it
19810S0579B0997 - 40 -
1 shall, within ten days after the date when the minimum term
2 expired, transmit to the Board of Pardons a written statement of
3 the reasons for refusal to parole the prisoner at the expiration
4 of the minimum term fixed by the Board of Pardons. Thereafter,
5 the Board of Pardons may either accept the action of the
6 commission, or order the immediate release of the prisoner on
7 parole, under the supervision of the department.
8 (c) The commission shall have the power during the period
9 for which a person shall have been sentenced to recommit one
10 paroled for violation of the terms and conditions of his parole
11 and from time to time to reparole and recommit in the same
12 manner and with the same procedure as in the case of an original
13 parole or recommitment, if, in the judgment of the said
14 commission, there is a reasonable probability that the convict
15 will be benefited by again according him liberty and it does not
16 appear that the interests of the Commonwealth will be injured
17 thereby.
18 (d) The commission shall have the power, subject to the
19 provisions and limitations set forth in this section, to grant
20 paroles of its own motion whenever in its judgment the interests
21 of justice require the granting of the same. In addition
22 thereto, the commission shall have the power, and it shall be
23 its duty, to consider applications for parole by a prisoner or
24 by his attorney, relatives or friends or by any person properly
25 interested in the matter. Hearings of applications shall be held
26 by the commission whenever in its judgment hearings are
27 necessary. Reasonable rules and regulations shall be adopted by
28 the commission for the presentation and hearing of applications
29 for parole. Whenever any prisoner is paroled by the commission,
30 whether of its own motion or after hearing of an application
19810S0579B0997 - 41 -
1 therefor, or whenever an application for parole is refused by
2 the commission, a brief statement of the reasons for the
3 commission's action shall be filed of record in the offices of
4 the commission and shall be at all reasonable times open to
5 public inspection; in no case shall a parole be granted, or an
6 application for parole be dismissed, unless a hearing examiner
7 or commissioner shall have seen and heard him in person in
8 regard thereto within six months prior to the granting or
9 dismissal thereof. Application shall be disposed of by the
10 commission within six months of the filing thereof. Except in
11 cases where the Board of Pardons has reduced a minimum term by
12 commutation, the commission shall initially act on the
13 application, if possible, before the expiration of the minimum
14 term so fixed, and in no case more than 30 days thereafter.
15 (e) In granting and revoking paroles, and in discharging
16 from parole, the members of the commission acting thereon shall
17 not be required to personally hear or see all the witnesses and
18 evidence submitted to them for their action, but they may act on
19 report submitted to them by their agents and employees, together
20 with any pertinent and adequate information furnished to them by
21 fellow members of the commission or by others.
22 (f) At least ten days before paroling a prisoner on its own
23 motion the commission shall give written notice of such
24 contemplated parole to the district attorney of the county
25 wherein the prisoner shall have been sentenced, OR TO THE <--
26 ATTORNEY GENERAL IF HE OR SHE IS THE PROSECUTING ATTORNEY, and,
27 in cases of hearings on applications for parole as herein
28 provided for, at least ten days written notice of the time and
29 place fixed for such hearing shall be given either by the
30 commission or by the applicant, as the commission shall direct,
19810S0579B0997 - 42 -
1 to the court and district attorney of the county wherein the
2 applicant shall have been sentenced OR TO THE ATTORNEY GENERAL <--
3 IF HE OR SHE IS THE PROSECUTING ATTORNEY.
4 (g) It shall be the duty of the commission, upon the
5 commitment to prison of any person whom said commission is
6 herein given the power to parole, to investigate and inform
7 itself respecting the circumstances of the offense for which
8 said person shall have been sentenced, and, in addition thereto,
9 it shall procure information as full and complete as may be
10 obtainable with regard to the character, mental characteristics,
11 habits, antecedents, connections and environment of such person.
12 The commission shall further procure the stenographic record, if
13 any, of the trial, conviction and sentence, together with such
14 additional information regarding the crime for which sentence
15 was imposed as may be available. The commission shall further
16 cause the conduct of the person while in prison and his
17 physical, mental and behavior condition and history and his
18 complete criminal record, as far as the same may be known, to be
19 investigated and reported. All public officials having
20 possession of such records or information are hereby required
21 and directed to furnish the same to the commission upon its
22 request and without charge therefor. Said investigation shall be
23 made by the commission so far as may be practicable while the
24 case is recent, and in granting paroles the commission shall
25 consider the nature and character of the offense committed and
26 any recommendation made by the trial judge as well as the
27 general character and history of the prisoner.
28 (h) The commission shall, in all cases, consider the
29 recommendations of the trial judge and of the district attorney
30 OR OF THE ATTORNEY GENERAL IF HE OR SHE IS THE PROSECUTING <--
19810S0579B0997 - 43 -
1 ATTORNEY and of each warden or superintendent, as the case may
2 be, who has had charge of an applicant, each of whom is directed
3 to submit to the commission his recommendation and the reasons
4 therefor, with respect to each parole application.
5 (i) The commission shall have free and ready access to all
6 probation and parole records of the counties of this
7 Commonwealth.
8 (j) The commission shall have the power, and it shall be its
9 duty, to make general rules for the conduct and supervision of
10 persons heretofore or hereafter placed upon parole. In addition
11 to the power to make general rules and regulations hereby
12 granted, the commission may, in particular cases, as it deems
13 necessary to effectuate the purpose of parole, prescribe special
14 regulations for particular parolees.
15 (k) It shall be the duty of all prison and parole
16 supervision officials at all reasonable times to grant access to
17 any prisoner or parolee whom the commission has power to parole
18 or revoke parole to the members of said commission or its
19 properly accredited representatives, and all prison and parole
20 supervision officials shall at all reasonable times provide for
21 the commission or its properly accredited representatives
22 facilities for communicating with and observing such prisoner
23 while imprisoned, and shall furnish to the commission from time
24 to time such reports concerning the conduct of prisoners or
25 parolees in their custody or supervision as the commission shall
26 by general rule or special order require, together with any
27 other facts deemed pertinent in aiding the commission to
28 determine whether such prisoners shall be paroled or parole
29 revoked.
30 (l) It shall be the duty of the court sentencing any person
19810S0579B0997 - 44 -
1 for a term, as to which power to parole is herein given to the
2 commission, to transmit to the said commission, within 30 days
3 after the imposition of such sentence, a full and complete copy
4 of the record upon which sentence is imposed, including any
5 notes of testimony which may have been filed of record in the
6 case, together with copies of any criminal identification
7 records secured from the Federal Bureau of Investigation, copies
8 of presentence investigation reports and of behavior clinic
9 reports, if any were submitted to the court, the last two of
10 which records, being confidential records of the court, are to
11 be treated confidentially by the members of the commission, who
12 shall not permit examination of the same by any one other than
13 its duly appointed agents or representatives, except upon court
14 order. A judge in his discretion may make at any time any
15 recommendation he may desire to the commission respecting the
16 person sentenced and the term of imprisonment said judge
17 believes such person should be required to serve before a parole
18 is granted to him, and no order in respect thereto made or
19 attempted to be made as a part of a sentence shall be binding
20 upon the commission in performing the duties and functions
21 herein conferred upon it.
22 Section 610. Parole violators and recommitment.
23 (a) Any parolee under the jurisdiction of the commission
24 released from any local or State correctional facility in the
25 Commonwealth who, during the period of parole or while
26 delinquent on parole, commits any crime punishable by
27 imprisonment, for which he is convicted or found guilty by a
28 judge or jury or to which he pleads guilty or nolo contendere at
29 any time thereafter in a court of record, may, at the discretion
30 of the commission, be recommitted as a parole violator. If his
19810S0579B0997 - 45 -
1 recommitment is so ordered, he shall be reentered to serve the
2 remainder of the term which said parolee would have been
3 compelled to serve had he not been paroled, and he shall be
4 given no credit for the time at liberty on parole. The
5 commission may, in its discretion, reparole whenever, in its
6 opinion, the best interests of the prisoner justify or require
7 his release on parole and it does not appear that the interests
8 of the Commonwealth will be injured thereby. The period of time
9 for which the parole violator is required to serve shall be
10 computed from and begin on the date that he is taken into
11 custody to be returned to the institution as a parole violator.
12 If a new sentence is imposed upon such parolee, the service
13 of the balance of said term originally imposed shall precede the
14 commencement of the new term imposed in the following cases:
15 (1) If a person is paroled from any State correctional
16 facility under the control and supervision of the department
17 and the new sentence imposed upon him is to be served in a
18 State correctional facility.
19 (2) If a person is paroled from a local correctional
20 facility and the new sentence imposed upon him is to be
21 served in the same local correctional facility.
22 In all other cases, the service of the new term for the
23 latter crime shall precede commencement of the balance of the
24 term originally imposed.
25 Where the new term is to be served last, or the balance of
26 the term originally imposed is to be served last, and such
27 service is, in either case, to be had in any State correctional
28 facility, any male person upon recommitment shall be sent to the
29 nearest Correctional Diagnostic and Classification Center for
30 service of the remainder of the original term at such
19810S0579B0997 - 46 -
1 institution as shall be designated by the secretary. Any female
2 person shall be recommitted to the State correctional
3 institution at Muncy.
4 (b) Any parolee under the jurisdiction of the commission
5 released from any penal institution in the Commonwealth who,
6 during the period of parole, violates the terms and conditions
7 of his parole, other than by the commission of a new crime of
8 which he is convicted or found guilty by a judge or jury or to
9 which he pleads guilty or nolo contendere in a court of record,
10 may be recommitted after hearing before the commission. If he is
11 so recommitted, he shall be given credit for the time served on
12 parole in good standing but with no credit for delinquent time,
13 and may be reentered to serve the remainder of his original
14 sentence or sentences. Said remainder shall be computed by the
15 commission from the time his delinquent conduct occurred for the
16 unexpired period of the maximum sentence imposed by the court
17 without credit for the period the parolee was delinquent on
18 parole, and he shall be required to serve such remainder so
19 computed from the date he is taken into custody on the warrant
20 of the commission. Such prisoner shall be subject to reparole by
21 the commission whenever in its opinion the best interests of the
22 prisoner justify or require his being reparoled and it does not
23 appear that the interests of the Commonwealth will be injured
24 thereby.
25 (c) Technical violators shall be recommitted for service of
26 the balance of said term originally imposed to a State or local
27 correctional facility as follows:
28 (1) If paroled from a local correctional facility, to
29 the same facility or to any State or local correctional
30 facility to which legally transferred.
19810S0579B0997 - 47 -
1 (2) If paroled from the Pennsylvania correctional
2 institution at Camp Hill and upon recommitment such person
3 has not attained the age of 21 years, to the same
4 institution.
5 (3) If paroled from the State correctional institution
6 at Muncy, to the same institution.
7 (4) If paroled from any other State correctional
8 facility, to the nearest Correctional Diagnostic and
9 Classification Center wherein the person shall be classified
10 for service of the balance of the term in such institution as
11 shall be designated by the secretary.
12 Section 611. Applicability.
13 (a) Anything herein contained to the contrary
14 notwithstanding, this act shall not apply to institutions for
15 the discipline or correction of juveniles, as defined by
16 existing laws, or persons imprisoned in any county jail,
17 workhouse or other penal or correctional institution under
18 sentence by an alderman, district justice, or committed in
19 default of payment of any fine or of bail.
20 (b) The provisions of this act are hereby extended to all
21 persons who, at the effective date hereof, may be on parole or
22 liable to be placed on parole under existing laws with the same
23 force and effect as if this act had been in operation at the
24 time such persons were placed on parole, or became liable to be
25 placed thereon, as the case may be.
26 CHAPTER 7
27 JOINT COUNTY DETENTION FACILITIES
28 Section 701. Establishment of joint county detention
29 facilities.
30 (a) The county commissioners of any two or more adjoining
19810S0579B0997 - 48 -
1 counties may establish, according to a plan, detention
2 facilities for the confinement of persons awaiting trial or
3 sentence on criminal charges, convicted on criminal charges, or
4 not otherwise eligible for confinement in other jails.
5 (b) Before establishing detention facilities, the counties
6 shall submit their plan to the department for approval. The
7 department may require, as a condition to approving any plan,
8 that two or more adjoining counties join with another adjoining
9 county to establish detention facilities.
10 (c) Whenever the commissioners of any two or more adjoining
11 counties shall decide and agree to construct such joint
12 detention facilities, they shall acquire a suitable site for the
13 same. Such site may be selected from suitable lands already held
14 by any county of the district for county purposes, or from lands
15 donated for such purposes, or any quantity of land within the
16 respective districts. In the selection of a site, there shall be
17 taken into consideration the objects and purposes of the
18 institution. Title to such land shall be approved by the county
19 solicitor of the county in which the land is located, or such
20 other title guarantee corporation or attorney at law as may be
21 designated by the commissioners of the counties and shall be
22 taken in the name of the county or counties comprising the
23 district. The site, before purchase, shall be approved by the
24 department.
25 (d) After the selection and acquisition of such sites, the
26 county commissioners of such counties may erect and construct
27 suitable and necessary buildings thereon, repair any buildings
28 already erected, and equip the same for use and occupancy.
29 (e) Such detention facilities shall be constructed by
30 contract or contracts let by the county commissioners of such
19810S0579B0997 - 49 -
1 counties to the lowest responsible bidder, after due
2 advertisement in at least one newspaper, published in each of
3 the counties joining in the erection of such detention
4 facilities, once a week for two consecutive weeks. When so
5 constructed, the detention facilities shall be equipped by the
6 county commissioners of such counties at the cost of the
7 counties in the same manner as other county buildings are
8 equipped.
9 Section 702. Advisory board.
10 (a) After such joint detention facilities have been erected
11 and equipped and are ready for occupancy, president judges of
12 the judicial districts encompassing the counties joining in the
13 construction of such detention facilities shall appoint an
14 advisory board, to consist of three persons from each of the
15 participating counties. Each president judge shall appoint one
16 member of the advisory board to serve for one year, one to serve
17 for two years and one to serve for three years, or until their
18 successors are appointed and qualified. All appointments at the
19 expiration of any term shall be for a term of three years.
20 (b) The advisory board shall meet at such times as it may
21 deem necessary but not less than monthly, excluding July and
22 August. The board shall visit and inspect and keep in close
23 touch with the management and operation of the joint detention
24 facilities and shall, from time to time, make such
25 recommendations and suggestions to the county commissioners for
26 changes or improvements in said management and operations as may
27 be deemed advisable. It shall also make an annual report to the
28 county commissioners concerning the management and operation of
29 said detention facilities.
30 (c) The county commissioners shall, at the expense of the
19810S0579B0997 - 50 -
1 counties, provide a meeting place for said board, and furnish
2 all supplies and materials necessary to carry on its work.
3 (d) The members of the advisory board shall not receive any
4 compensation for their services, but shall be allowed all actual
5 and necessary expenses incurred in the discharge of their
6 duties, which shall be paid by the counties as part of the cost
7 of maintenance of such detention facilities.
8 Section 703. Administration of facilities.
9 (a) The county commissioners of the participating counties
10 may, after consultation with the advisory board, employ a
11 superintendent and such other employees as may be necessary to
12 conduct and manage properly such detention facilities, and shall
13 fix their compensation. The duties of such employees shall be
14 prescribed by the rules and regulations of the detention
15 facilities. They shall hold their offices, respectively, during
16 the pleasure of, and their compensation shall be fixed by, the
17 appointing power.
18 (b) The county commissioners of the participating counties
19 shall, before any inmate may be admitted to this institution,
20 after consulting with the advisory board, make general rules and
21 regulations for the management of the detention facilities which
22 rules and regulations shall be effective after they are approved
23 by the department.
24 (c) When in any district formed by such counties, the
25 facilities are complete for the reception of inmates, transfer
26 shall be made to the detention facilities of the district of all
27 persons who are subject to confinement as provided in this act.
28 Section 704. Employment of inmates.
29 Every person sentenced to detention facilities under the
30 provisions of this chapter unless disqualified by sickness or
19810S0579B0997 - 51 -
1 otherwise, shall AS DEEMED NECESSARY AND REASONABLE be kept at <--
2 some useful employment, such as may be suited to his or her age
3 and capacity, and such as may tend to promote the best interest
4 of the inmate.
5 Section 705. Costs.
6 (a) The cost of transporting inmates committed to the
7 detention facilities shall be paid by the counties,
8 respectively, from which the prisoners are committed. The
9 sheriff of the county, for prisoners committed by the court and
10 constables for prisoners committed by district justices, shall
11 receive for such prisoners committed to the detention facilities
12 no mileage or traveling expenses on writs, except the actual
13 cost of transporting said prisoners so committed to the
14 detention facilities, together with any other fees for their
15 services allowed by law.
16 (b) A detailed statement of the receipts and expenditures by
17 any county constituting a part of said district for detention
18 facilities erected under the provisions of this chapter shall be
19 published by the county commissioners of each county, or by the
20 controller in said county. Where such report is published by the
21 controller, it shall be included in the annual statement of the
22 fiscal affairs of such county.
23 (c) The original cost of the site and buildings of the
24 detention facilities and the equipment thereof and all additions
25 thereto, and all fixed overhead charges in conducting the
26 facility, shall be paid by the counties constituting the
27 districts in the ratio of their population according to the last
28 preceding United States census or be paid according to an
29 agreement negotiated by the county commissioners of the counties
30 constituting the districts.
19810S0579B0997 - 52 -
1 (d) The cost of the care and maintenance of the inmates in
2 said districts shall be certified monthly to the counties from
3 which inmates have been committed. Such cost shall be paid by
4 the counties in proportion to the number of inmates committed
5 from each county. All payments shall be on warrants of the
6 county commissioners, countersigned by the county controller in
7 counties where such offer exists.
8 (e) The county commissioners of each county joining in
9 establishing detention facilities as provided for in this
10 chapter, may make appropriations or incur or increase the
11 indebtedness of the county, in the manner now provided by law,
12 to an amount sufficient to pay its proportionate part of the
13 cost of acquiring a site and of erecting, constructing and
14 equipping the said detention facilities, by issuing bonds
15 payable within 30 years from the date of issue. The county
16 commissioners of such county shall levy an annual tax in an
17 amount necessary to pay interest and sinking fund charges upon
18 such bonds.
19 Section 706. Property exempt from taxation.
20 All the property, real and personal, authorized to be held by
21 virtue of this chapter, shall be exempt from taxation.
22 CHAPTER 8
23 MISCELLANEOUS PROVISIONS
24 Section 801. Transfer of personnel, appropriations,
25 records, etc.
26 (a) All personnel, allocations, appropriations, equipment,
27 files, records, contracts, agreements, obligations and other
28 materials which are used, employed or expended in connection
29 with the powers, duties or functions given by this act to the
30 Department of Corrections or the Pennsylvania Parole Commission,
19810S0579B0997 - 53 -
1 which powers, duties and functions were formerly exercised by
2 the Bureau of Correction and the Pennsylvania Board of Probation
3 and Parole are hereby transferred to the Department of
4 Corrections and the Pennsylvania Parole Commission with the same
5 force and effect as if the appropriations had been made to and
6 said items had been the property of the Department of
7 Corrections, the Pennsylvania Parole Commission and Department
8 of Education in the first instance and as if said contracts,
9 agreements and obligations had been incurred or entered into by
10 said Department of Corrections or the Pennsylvania Parole
11 Commission and Department of Education.
12 (b) Until such time as a secretary of the department shall
13 be appointed and confirmed, the Governor shall appoint such
14 personnel, as shall be necessary to implement the purposes of
15 this act.
16 (c) The department and the commission may request from any
17 person such relevant information as the department or the
18 commission deems necessary to exercise its duties. All public
19 officials are hereby required and directed to furnish such
20 information upon request of the department and the commission
21 and without charge therefor.
22 Section 802. Savings provisions.
23 The provisions of this act shall not affect any act done,
24 liability incurred right accorded or vested or adjudication or
25 decision made, including parole revocations, under the authority
26 of any act of Assembly or part thereof, repealed by this act.
27 Section 803. Transfers.
28 The powers and duties granted to the Bureau of Corrections
29 pursuant to the act of July 16, 1968 (P.L.351, No.173),
30 entitled, as amended, "An act authorizing the establishment of
19810S0579B0997 - 54 -
1 prisoner pre-release centers and release plans under the
2 jurisdiction of the Department of Justice and defining its
3 powers and duties," are transferred to the Department of
4 Corrections.
5 Section 804. Repeals.
6 (a) The following acts and parts of acts are repealed
7 absolutely:
8 Sections II and III, act of December 5, 1789 (2 Sm.L.513,
9 Ch.1461), entitled "An act to provide for the custody of
10 prisoners committed under the authority of the United States."
11 Act of March 3, 1814 (P.L.79, Ch.50), entitled "A Supplement
12 to the act entitled 'An act to provide for the custody of
13 prisoners committed under the authority of the United States.'"
14 Section 1, act of January 17, 1831 (P.L.12, No.12), entitled
15 "A further supplement to an act entitled, 'An act to reform the
16 penal laws of this Commonwealth.'"
17 Section 3, act of April 15, 1834 (P.L.473, No.215), entitled
18 "A supplement to the act entitled 'An act relative to the
19 eastern and western State penitentiaries, and to the
20 Philadelphia county prisons.'"
21 Resolution six of the resolution of April 16, 1838 (P.L.689,
22 Resolution No.19), entitled "Resolution relative to the State
23 Library, and for other purposes."
24 Clause twenty-fourth of section 1, act of May 31, 1844
25 (P.L.582, No.377), entitled "An act to provide for the ordinary
26 expenses of government, repair of the canals and railroads of
27 the state, and other claims upon the commonwealth."
28 Section 5, act of April 16, 1845 (P.L.507, No.342), entitled
29 "An act to provide for the ordinary expenses of the government,
30 repair of the canals and railroads of the state, and other
19810S0579B0997 - 55 -
1 claims upon the commonwealth."
2 Section 1, act of February 27, 1847 (P.L.172, No.131),
3 entitled "An act requiring the inspectors of prisons, sheriffs,
4 prothonotaries and clerks of criminal courts and others, to make
5 annual returns to the secretary of the commonwealth, and for
6 other purposes."
7 Section 2, act of April 10, 1848 (P.L.428, No.312), entitled
8 "A further supplement to the penal laws of this state."
9 Act of April 16, 1866 (P.L.105, No.93), entitled "An act to
10 authorize the inspectors and warden of any of the penitentiaries
11 to permit the use of tobacco, by convicts, as a reward for good
12 conduct."
13 Section 1, act of April 17, 1867 (P.L.87, No.68), entitled
14 "An act to authorize the Governor to appoint a person to visit
15 prisons and almshouses."
16 Section 6, act of June 8, 1881 (P.L.63, No.68), entitled "A
17 supplement to an act, entitled 'An act to create a middle
18 penitentiary district in this state, and to provide for the
19 erection of a state penitentiary for the same,' approved the
20 twelfth day of June, Anno Domini one thousand eight hundred and
21 seventy-eight."
22 Act of April 8, 1869 (P.L.18, No.18), entitled "An act
23 authorizing the congregating of convicts in the Western
24 Penitentiary for labor, learning and religious services."
25 Sections 1 and 2, act of April 5, 1872 (P.L.42, No.34),
26 entitled "A supplement to an act, entitled 'An Act to create a
27 board of public charities,' approved the twenty-fourth day of
28 April, Anno Domini one thousand eight hundred and sixty-nine."
29 Act of May 8, 1876 (P.L.149, No.124), entitled "An act
30 authorizing the warden of the penitentiaries of the state to
19810S0579B0997 - 56 -
1 subscribe for and distribute papers or periodicals to the
2 convicts."
3 Act of June 11, 1879 (P.L.140, No.148), entitled "An act to
4 permit all inmates of any institution supported in part or in
5 whole by the state to choose such religious advisers as they may
6 determine upon."
7 Sections 1 and 2, act of June 13, 1883 (P.L.112, No.99),
8 entitled "An act to abolish the contract system in the prisons
9 and reformatory institutions of the State of Pennsylvania, and
10 to regulate the wages of the inmates."
11 Act of June 20, 1883 (P.L.125, No.110), entitled "An act to
12 require a brand upon all goods, wares, merchandise or other
13 article or thing made for sale by convict labor in any
14 penitentiary, reformatory prison, school or other establishment
15 in which convict labor is employed."
16 Sections 2, 3, 6.1, 7, 8, 9, 10, 11, 12, 14, 15, 16 and 17,
17 act of April 28, 1887 (P.L.63, No.30), entitled, as amended, "An
18 act in relation to the imprisonment, government and release of
19 inmates in the Pennsylvania Industrial School at Camp Hill,
20 Cumberland County, Pennsylvania."
21 Sections 4, 5 and 6, act of May 7, 1889 (P.L.103, No.109),
22 entitled "An act for the identification of habitual criminals."
23 Act of May 20, 1891 (P.L.100, No.75), entitled "An act making
24 eight hours as a days' labor in penal institutions under control
25 of the State."
26 Act of June 3, 1893 (P.L.280, No.245), entitled "An act to
27 provide for the payment of the cost and expense of trying
28 prisoners convicted in the courts of Huntingdon county for the
29 violation of law while inmates of the Pennsylvania Industrial
30 Reformatory, and for their maintenance in the county prison or
19810S0579B0997 - 57 -
1 penitentiary after their conviction."
2 Sections 3, 4 and 5, act of June 6, 1893 (P.L.326, No.263),
3 entitled "A supplement to an act, entitled 'An act in relation
4 to the imprisonment, government and release of convicts in the
5 Pennsylvania Industrial Reformatory at Huntingdon,' approved the
6 twenty-eighth day of April, Anno Domini one thousand eight
7 hundred and eighty-seven."
8 Act of May 2, 1901 (P.L.126, No.92), entitled "An act to
9 provide for the sale of unserviceable machinery in the
10 Industrial Reformatory at Huntingdon, Pennsylvania, and the
11 other State Reformatories, when said machinery has been
12 purchased by appropriations made from the State Treasury for the
13 purpose."
14 Section 1, act of March 20, 1903 (P.L.45, No.48), entitled
15 "An act to make active or visiting committees, of societies
16 incorporated for the purpose of visiting and instructing
17 prisoners, official visitors of penal and reformatory
18 institutions."
19 Act of May 14, 1909 (P.L.838, No.656), entitled "An act to
20 define the rights and functions of official visitors of jails,
21 penitentiaries, and other penal or reformatory institutions, and
22 providing for their removal."
23 Act of April 4, 1913 (P.L.44, No.36), entitled "An act
24 authorizing the purchase of livestock and farming implements for
25 the new Western Penitentiary in Centre County, and authorizing
26 the board of inspectors of said penitentiary to charge the cost
27 thereof against the several counties in the Western District."
28 Act of May 8, 1913 (P.L.166, No.115), entitled "An act
29 authorizing the warden, superintendent, or person in charge of
30 any penitentiary, jail, reformatory, workhouse, or other penal
19810S0579B0997 - 58 -
1 institution, to lodge female prisoners, temporarily, outside
2 such institution at the time when such prisoners may become
3 mothers, and providing for the collection of expenses thereby
4 incurred."
5 Act of July 7, 1913 (P.L.708, No.395), entitled "An act
6 relating to the management of the Eastern State Penitentiary."
7 Act of July 25, 1913 (P.L.1311, No.816), entitled "An act
8 providing for the establishment of a State Industrial Home for
9 Women; authorizing the purchase of a site, and the erection
10 thereon and equipment of necessary buildings; providing for the
11 commitment to said State Industrial Home for Women of females
12 between the ages of sixteen and thirty years, convicted of, or
13 pleading guilty to, the commission of any criminal offense; and
14 providing for the government and management of said institution;
15 and making an appropriation to carry out the purposes of this
16 act."
17 Act of June 3, 1915 (P.L.787, No.347), entitled "An act to
18 provide for utilizing rock and other minerals existing upon the
19 land owned by the Commonwealth, used for the Western
20 Penitentiary in Centre County, and affording occupation to the
21 inmates thereof, by permitting the board of inspectors by the
22 said inmates to mine, quarry, or dig such materials and make the
23 same into such products and by such means as may be found
24 desirable, and authorizing the use of said materials or products
25 for the purposes of said penitentiary, and the sale of the
26 surplus, if any, for the maintenance of said institution."
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
19810S0579B0997 - 59 -
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 March 24, 1921 (P.L.48, No.23), entitled, as amended,
5 "An act providing for the transfer of convicts from the State
6 penitentiaries and their imprisonment in the penitentiary to
7 which transferred; imposing costs for such transfers upon the
8 Commonwealth; imposing the cost of the maintenance of convicts
9 so transferred upon the counties in which they were convicted;
10 directing that certain notice of such transfer of a convict be
11 given; and making appropriations."
12 Act of May 10, 1921 (P.L.433, No.208), entitled "An act for
13 the segregation of certain classes of prisoners."
14 Subsection (b) of section 10, act of May 25, 1921 (P.L.1144,
15 No.425), entitled "An act creating a Department of Public
16 Welfare; defining its powers and duties; abolishing the Board of
17 Public Charities, the Committee on Lunacy, and the Prison Labor
18 Commission, and all offices thereunder, and vesting all the
19 powers of said board, committee, and commission in the
20 Department of Public Welfare; requiring all reports, notices,
21 statements, or matters, heretofore required to be made, given,
22 or submitted to the Board of Public Charities or the Committee
23 on Lunacy, to be made, given, or submitted to the Department of
24 Public Welfare; and providing penalties."
25 Act of May 23, 1923 (P.L.316, No.203), entitled "An act to
26 provide for the welfare of all persons confined (whether such
27 persons be tried or untried prisoners) in any penitentiary or
28 county prison in this Commonwealth."
29 Sections 1, 2 and 3, act of June 14, 1923 (P.L.775, No.306),
30 entitled "An act to provide for the physical welfare of all
19810S0579B0997 - 60 -
1 persons confined (whether such persons be tried or untried
2 prisoners) in any penitentiary or county prison in this
3 Commonwealth."
4 Act of July 11, 1923 (P.L.1044, No.425), entitled, as
5 amended, "An act to authorize and provide for the transfer and
6 retransfer of person or persons confined in any penitentiary,
7 prison, workhouse, house of correction, or any other institution
8 for adult prisoners, under sentence of law, convicted but
9 awaiting sentence, awaiting trial, or confined for any other
10 purpose to some other prison, penitentiary, workhouse, house of
11 correction, or other institution for adult prisoners."
12 Section 4, act of May 4, 1927 (P.L.761, No.399), entitled "An
13 act providing for the preparation of plans and specifications
14 and for the erection of the Eastern State Penitentiary on lands
15 acquired therefor; imposing duties in connection therewith upon
16 the Governor, the Board of Trustees of Eastern State
17 Penitentiary, and the Department of Welfare; and making an
18 appropriation."
19 Sections 911, 912, 913, 914, 914.1, 915 and 916, act of April
20 9, 1929 (P.L.177, No.175), known as "The Administrative Code of
21 1929."
22 Act of May 1, 1929 (P.L.1182, No.414), entitled "An act
23 providing the procedure and the powers of the State Board of
24 Pardons and boards of trustees of penitentiaries where prisoners
25 released on parole violate the terms of such parole; and fixing
26 the penalty for such violation."
27 Act of May 1, 1929 (P.L.1183, No.415), entitled "An act
28 relating to persons paroled from the Pennsylvania Industrial
29 Reformatory at Huntingdon; and regulating the procedure when
30 such persons violate the terms of paroles, and the effect of
19810S0579B0997 - 61 -
1 such violations."
2 Sections 1, 2, 3, 4, 4.1, 5 and 6, act of June 21, 1937
3 (P.L.1944, No.376), entitled, as amended, "An act providing for
4 the erection, construction and equipment of a new Pennsylvania
5 Industrial School, to take the place of the present Pennsylvania
6 Industrial School at Huntingdon; designating the manner of
7 acquiring or setting aside of land for the erection and
8 construction of the new school by The General State Authority;
9 authorizing the Commonwealth to lease the new school and its
10 grounds from The General State Authority upon its completion;
11 providing that the cost of maintaining inmates therein be borne
12 by the Commonwealth and the counties to the extent and in the
13 manner provided by law in the case of inmates maintained in the
14 Pennsylvania Industrial School at Huntingdon; creating the Board
15 of Trustees of the Pennsylvania Industrial School; defining its
16 powers and duties, and conferring powers, and imposing duties
17 upon certain State departments, boards, commissions, and
18 officers."
19 Act of August 6, 1941 (P.L.861, No.323), entitled, as
20 amended, "An act to create a uniform and exclusive system for
21 the administration of parole in this Commonwealth; providing
22 state probation services; establishing the 'Pennsylvania Board
23 of Probation and Parole'; conferring and defining its
24 jurisdiction, duties, powers and functions; including the
25 supervision of persons placed upon probation and parole in
26 certain designated cases; providing for the method of
27 appointment of its members; regulating the appointment, removal
28 and discharge of its officers, clerks and employes; dividing the
29 Commonwealth into administrative districts for purposes of
30 probation and parole; fixing the salaries of members of the
19810S0579B0997 - 62 -
1 board and of certain other officers and employes thereof; making
2 violations of certain provisions of this act misdemeanors;
3 providing penalties therefor; and for other cognate purposes,
4 and making an appropriation."
5 Section 3, act of March 26, 1945 (P.L.60, No.34), entitled
6 "An act to amend the title and sections four and six of the act,
7 approved the twenty-first day of June, one thousand nine hundred
8 thirty-seven (Pamphlet Laws, one thousand nine hundred forty-
9 four), entitled 'An act providing for the erection, construction
10 and equipment of a new Pennsylvania Industrial School, to take
11 the place of the present Pennsylvania Industrial School at
12 Huntingdon; designating the manner of acquiring or setting aside
13 of land for the erection and construction of the new school by
14 The General State Authority; authorizing the Commonwealth to
15 lease the new school and its grounds from The General State
16 Authority upon its completion, and the Department of Welfare to
17 manage and operate the same; providing that the cost of
18 maintaining inmates therein be borne by the Commonwealth and the
19 counties to the extent and in the manner provided by law in the
20 case of inmates maintained in the Pennsylvania Industrial School
21 at Huntingdon; and conferring powers, and imposing duties upon
22 certain State departments, boards, commissions, and officers,'
23 by changing the provisions of the act authorizing the Department
24 of Welfare to manage and operate the same; creating the Board of
25 Trustees of the new Pennsylvania Industrial School, and defining
26 its powers and duties."
27 Act of July 29, 1953 (P.L.1433, No.409), entitled "An act
28 creating two districts in the Commonwealth for the
29 administration of the State penal and correctional institutions;
30 and repealing certain acts or parts of acts."
19810S0579B0997 - 63 -
1 Act of July 29, 1953 (P.L.1433, No.410), entitled "An act
2 creating certain penal and correctional institutions and boards
3 of trustees; abolishing certain penal institutions; imposing
4 duties upon the Commissioner of Correction of the Department of
5 Justice; and providing for the costs of transportation and
6 maintenance of inmates."
7 Act of July 29, 1953 (P.L.1435, No.411), entitled "An act
8 relating to the more effective treatment of persons convicted of
9 crime or committed as defective delinquents; creating in the
10 Department of Justice correctional diagnostic and classification
11 centers; providing for the diagnosis and classification of
12 persons sentenced or committed by the courts to a State
13 institution; fixing the responsibility for costs of
14 transportation and maintenance of such persons; prescribing
15 duties of the courts and the powers and duties of the Department
16 of Justice relative thereto; making civil and criminal laws
17 applicable to penitentiaries and persons therein or responsible
18 therefor applicable in the case of the said institutions."
19 Act of July 29, 1953 (P.L.1440, No.414), entitled "An act
20 providing for the construction and equipping of the Pennsylvania
21 Institution for Defective Delinquents; providing for the
22 acquisition of land; providing for the reception, confinement,
23 treatment, care, maintenance and control of inmates; imposing
24 duties and conferring powers on the Department of Justice,
25 Department of Property and Supplies and the General State
26 Authority."
27 Act of December 13, 1955 (P.L.841, No.246), entitled "An act
28 authorizing cooperative return of parole and probation violators
29 and the making of contracts or deputization of persons pursuant
30 thereto."
19810S0579B0997 - 64 -
1 Act of September 2, 1961 (P.L.1177, No.525), entitled "An act
2 fixing the salaries and compensation of members of certain
3 boards and commissions, and repealing inconsistent acts,"
4 insofar as it provides salaries for members of the Pennsylvania
5 Board of Probation and Parole.
6 Act of December 22, 1965 (P.L.1189, No.472), entitled "An act
7 establishing a correctional facility for criminological
8 diagnosis, classification, social and psychological treatment
9 and research, medical treatment and staff training."
10 Act of December 27, 1965 (P.L.1237, No.502), entitled "An act
11 establishing regional correctional facilities administered by
12 the Bureau of Correction as part of the State correctional
13 system; establishing standards for county jails, and providing
14 for inspection and classification of county jails and for
15 commitment to State correctional facilities and county jails."
16 Act of December 22, 1969 (P.L.394, No.175), entitled "An act
17 providing for the establishment, operation and maintenance of
18 detention facilities for certain persons by adjoining counties
19 on approval by the Bureau of Correction."
20 Act of October 16, 1972 (P.L.913, No.218), entitled "An act
21 establishing regional community treatment centers for women
22 administered by the Bureau of Correction of the Department of
23 Justice as part of the State Correctional System, providing for
24 the commitment of females to such centers and their temporary
25 release therefrom for certain purposes, restricting confinement
26 of females in county jails and conferring powers and duties upon
27 the Department of Justice and the Bureau of Correction."
28 42 PA.C.S. § 9107 (RELATING TO ADMINISTRATOR AND INFORMATION <--
29 AGENT).
30 (b) The following act and part of an act are repealed
19810S0579B0997 - 65 -
1 insofar as they are inconsistent herewith:
2 Section 13, act of April 28, 1887 (P.L.63, No.30), entitled,
3 as amended, "An act in relation to the imprisonment, government
4 and release of inmates in the Pennsylvania Industrial School at
5 Camp Hill, Cumberland County, Pennsylvania."
6 Act of June 22, 1931 (P.L.864, No.280), entitled "An act
7 making a convict whose minimum sentence exceeds one-half of the
8 maximum sentence eligible to apply for release on parole when
9 said convict has served or will have served one-half his maximum
10 sentence."
11 (c) All other acts and parts of acts, general, local and
12 special are repealed insofar as they are inconsistent with the
13 provisions of this act.
14 Section 805. Effective date.
15 This act shall take effect on July 1, 1982. However, the
16 Governor may immediately nominate, and with the advice and
17 consent of a majority of all members elected to the Senate,
18 appoint the Secretary of Corrections, whose term of office shall
19 begin as soon as he shall be confirmed.
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