PRINTER'S NO. 2316
No. 1809 Session of 1975
INTRODUCED BY LEDERER, HAMMOCK, IRVIS, BERSON, OLIVER,
RICHARDSON, TAYOUN, BLACKWELL, MYERS, ZWIKL, RHODES,
WAGNER, SCIRICA AND M. E. MILLER, JR., OCTOBER 1, 1975
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 2, 1975
AN ACT
1 Amending the act of July 11, 1923 (P.L.1044, No.425), entitled,
2 as amended, "An act to authorize and provide for the transfer
3 and retransfer of person or persons confined in any
4 penitentiary, prison, workhouse, house of correction, or any
5 other institution for adult prisoners, under sentence of law,
6 convicted but awaiting sentence, awaiting trial, or confined
7 for any other purpose to some other prison, penitentiary,
8 workhouse, house of correction, or other institution for
9 adult prisoners," limiting transfers to State correctional
10 facilities.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Subsection (b) of section 6, act of July 11, 1923
14 (P.L.1044, No.425), entitled, as amended, "An act to authorize
15 and provide for the transfer and retransfer of person or persons
16 confined in any penitentiary, prison, workhouse, house of
17 correction, or any other institution for adult prisoners, under
18 sentence of law, convicted but awaiting sentence, awaiting
19 trial, or confined for any other purpose to some other prison,
20 penitentiary, workhouse, house of correction, or other
21 institution for adult prisoners," added July 7, 1955 (P.L.263,
1 No.85), is amended to read:
2 Section 6. * * *
3 (b) Upon petition presented to him by the warden,
4 superintendent, or other official in charge of any county penal
5 or correctional institution, said deputy commissioner for
6 treatment may transfer as aforesaid any prisoner confined in
7 such institution whose penalty for crime has been fixed at death
8 by a [jury or] court[, either before or] only after formal
9 sentence has been imposed.
10 * * *
11 Section 2. The act is amended by adding a section to read:
12 Section 7. Except for transfers of prisoners to a State
13 correctional facility having diagnostic or classification
14 functions under the act of July 29, 1953 (P.L.1435, No.411),
15 entitled "An act relating to the more effective treatment of
16 persons convicted of crime or committed as defective
17 delinquents; creating in the Department of Justice correctional
18 diagnostic and classification centers; providing for the
19 diagnosis and classification of persons sentenced or committed
20 by the courts to a State institution; fixing the responsibility
21 for costs of transportation and maintenance of such persons;
22 prescribing duties of the courts and the powers and duties of
23 the Department of Justice relative thereto; making civil and
24 criminal laws applicable to penitentiaries and persons therein
25 or responsible therefor applicable in the case of the said
26 institutions," or the act of December 22, 1965 (P.L.1189,
27 No.472), entitled "An act establishing a correctional facility
28 for criminological diagnosis, classification, social and
29 psychological treatment and research, medical treatment and
30 staff training," no prisoner shall be transferred under this act
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1 from a county or other non-State facility to a State
2 correctional facility unless he has been formally sentenced.
3 Section 3. This act shall take effect in 60 days.
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