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| PRIOR PRINTER'S NO. 84 | PRINTER'S NO. 1069 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY GREENLEAF, TARTAGLIONE, FONTANA, ERICKSON, STOUT, GORDNER, TOMLINSON, BAKER, WILLIAMS, FERLO, BROWNE, M. WHITE, COSTA, EARLL, O'PAKE, LEACH AND WOZNIAK, JANUARY 29, 2009 |
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| SENATOR CORMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED, JUNE 1, 2009 |
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| AN ACT |
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1 | Amending Title 42 (Judiciary and Judicial Procedure) and |
2 | codifying Title 61 (Penal and Correctional Institutions) of |
3 | the Pennsylvania Consolidated Statutes, further providing for |
4 | adoption of guidelines for resentencing, for adoption of |
5 | guidelines for parole and for adoption of recommitment ranges |
6 | following revocation of parole by board; providing for |
7 | temporary release from county correctional institutions; |
8 | further providing for sentence of total confinement; |
9 | providing for parole without board supervision, for judicial |
10 | power to release inmates and for transfers of inmates in need |
11 | of medical treatment; further providing for State |
12 | intermediate punishment; providing for other criminal |
13 | provisions; amending the heading of Title 61; adding |
14 | definitions, provisions relating to general administration of |
15 | correctional institutions, State correctional institutions, |
16 | county correctional institutions, house of detention for |
17 | untried inmates and witnesses, inmate labor, medical |
18 | services, visitation, inmate prerelease plans, motivational |
19 | boot camp, execution procedure and method, recidivism risk |
20 | reduction incentive, miscellaneous matters relating thereto, |
21 | probation and parole generally, the Pennsylvania Board of |
22 | Probation and Parole, County Probation and Parole Officers' |
23 | Firearm Education and Training, and correctional institution |
24 | interstate compacts; and making conforming amendments, |
25 | editorial changes and repeals relating to codification. |
26 | TABLE OF CONTENTS |
27 | TITLE 42 |
28 | JUDICIARY AND JUDICIAL PROCEDURE |
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1 | PART II. ORGANIZATION |
2 | SUBPART A. COURTS AND DISTRICT JUSTICES | <-- |
3 | ARTICLE E. DISTRICT JUSTICES |
4 | Chapter 15. District Justices |
5 | § 1511. District Justices. |
6 | § 1515. Jurisdiction and venue. |
7 | § 1516. Lien of judgment. |
8 | § 1520. Adjudication Alternative Program. |
9 | SUBPART B. OTHER STRUCTURAL PROVISIONS |
10 | Chapter 21. Judicial Boards and Commissions |
11 | Subchapter F. Pennsylvania Commission on Sentencing |
12 | § 2154.4. Adoption of guidelines for resentencing. |
13 | § 2154.5. Adoption of guidelines for parole. |
14 | § 2154.6. Adoption of recommitment ranges following revocation |
15 | of parole by board. |
16 | PART VIII. CRIMINAL PROCEEDINGS |
17 | Chapter 97. Sentencing |
18 | Subchapter E. Imposition of Sentence |
19 | § 9755.1. Temporary release from county correctional |
20 | institution. |
21 | § 9756. Sentence of total confinement. |
22 | Subchapter F. Further Judicial Action |
23 | § 9775. Parole without board supervision. |
24 | § 9776. Judicial power to release inmates. |
25 | § 9777. Transfer of inmates in need of medical treatment. |
26 | Chapter 99. Other Criminal Provisions |
27 | Subchapter A. County Probation Officers |
28 | § 9911. Definitions. |
29 | § 9912. Supervisory relationship to offenders. |
30 | § 9913. Peace officer power for probation officers. |
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1 | TITLE 61 |
2 | PRISONS AND PAROLE |
3 | PART I. GENERAL PROVISIONS |
4 | Chapter 1. Preliminary Provisions |
5 | § 101. Short title of title. |
6 | § 102. Definitions. |
7 | PART II. CORRECTIONAL INSTITUTIONS |
8 | Chapter 11. General Administration |
9 | Subchapter A. Penal Operations and Procedures |
10 | § 1101. Benefits to injured employees of State correctional |
11 | institutions. |
12 | § 1102. Correctional facility for criminological diagnosis. |
13 | § 1103. Recording system for identification of criminal |
14 | offenders. |
15 | Subchapter B. Inmate Transfers |
16 | § 1151. General transfer authorization. |
17 | § 1152. Transfers to city department. | <-- |
18 | § 1153. Expense of removing certain inmates. |
19 | § 1154. Law enforcement use of county correctional |
20 | institutions. |
21 | Subchapter C. Escaped Inmates |
22 | § 1161. Return of escaped inmates. |
23 | § 1162. Escaped inmate costs. |
24 | § 1163. Maintenance of escaping inmates under new sentence. |
25 | § 1164. Criminal offense during confinement. |
26 | Chapter 13. (Reserved) |
27 | Chapter 15. (Reserved) |
28 | Chapter 17. County Correctional Institutions |
29 | Subchapter A. (Reserved) |
30 | Subchapter B. County Jail Oversight Board in Counties of the |
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1 | Second Class and Second Class A |
2 | § 1721. Scope of subchapter. |
3 | § 1722. Definitions. |
4 | § 1723. County jail oversight board. |
5 | § 1724. Powers and duties. |
6 | § 1725. Rules and regulations. |
7 | § 1726. Warden. |
8 | § 1727. Board meetings. |
9 | § 1728. Contracts and purchases. |
10 | Subchapter C. Other Counties |
11 | § 1731. Establishment. |
12 | § 1732. Board meetings. |
13 | § 1733. Appointment of warden and employees. |
14 | § 1734. Powers of peace officers. |
15 | § 1735. Expenditures. |
16 | § 1736. Bonding requirement. |
17 | Subchapter D. Alternative Plan for Certain Counties |
18 | § 1741. Sixth, seventh and eighth class counties. |
19 | § 1742. Appointment of prison commissioners. |
20 | Subchapter E. Penal Operations and Procedures |
21 | § 1751. Costs of confinement. |
22 | § 1752. Board of inspectors to regulate salaries of wardens and |
23 | other staff. |
24 | § 1753. Residence of warden. |
25 | § 1754. Bonds for county prison staff in fourth class counties. |
26 | § 1755. Property exempt from taxation. |
27 | § 1756. Loss of privileges. |
28 | § 1757. Collection from certain inmates. |
29 | Subchapter F. Joint Detention Centers |
30 | § 1761. Establishment by adjoining counties. |
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1 | § 1762. Selection of site. |
2 | § 1763. Buildings. |
3 | § 1764. Construction contracts. |
4 | § 1765. Advisory board. |
5 | § 1766. Meetings. |
6 | § 1767. Chief administrator and employees. |
7 | § 1768. Rules and regulations. |
8 | § 1769. Initial transfer of inmates. |
9 | § 1770. Employment of inmates. |
10 | § 1771. Cost of transporting inmates. |
11 | § 1772. Financial reporting. |
12 | § 1773. Allocation of expenses to counties. |
13 | § 1774. County appropriations. |
14 | § 1775. Exemption from taxation. |
15 | Subchapter G. Joint Industrial Farms and Workhouses |
16 | § 1781. Establishment by counties. |
17 | § 1782. Selection of site. |
18 | § 1783. Buildings. |
19 | § 1784. Construction contracts. |
20 | § 1785. Advisory board. |
21 | § 1786. Meetings. |
22 | § 1787. Chief administrator and employees. |
23 | § 1788. Rules and regulations. |
24 | § 1789. Initial transfer of inmates. |
25 | § 1790. Employment of inmates. |
26 | § 1791. Cost of transporting inmates. |
27 | § 1792. Nature of inmate employment. |
28 | § 1793. Sale of goods and materials. |
29 | § 1794. Financial reporting. |
30 | § 1795. Allocation of expenses to counties. |
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1 | § 1796. Borrowing authorized. |
2 | § 1797. Exemption from taxation. |
3 | § 1798. Nonapplicability. |
4 | PART III. INMATE CONFINEMENT |
5 | Chapter 31. Inmate Labor |
6 | § 3101. Inmates to be employed. |
7 | § 3102. Disposition of proceeds of labor. |
8 | § 3103. Agricultural labor at county correctional institutions. |
9 | § 3104. Inmate labor in county correctional institutions. |
10 | § 3105. Inmate labor in counties of the first class. |
11 | § 3106. Inmate-made goods to be branded. |
12 | § 3107. Sale of inmate-made goods. |
13 | Chapter 33. Medical Services |
14 | § 3301. Short title of chapter. |
15 | § 3302. Definitions. |
16 | § 3303. Medical Services Program. |
17 | § 3304. Powers and duties of department. |
18 | § 3305. Costs outstanding upon release. |
19 | § 3306. Report to General Assembly. |
20 | § 3307. Applicability. |
21 | Chapter 35. Visitation |
22 | Subchapter A. General Provisions |
23 | § 3501. Gubernatorial visitor for philanthropic purposes. |
24 | § 3502. Official visitors. |
25 | § 3503. Rights of official visitors. |
26 | Subchapter B. Official Visitation |
27 | § 3511. Short title of subchapter. |
28 | § 3512. Definitions. |
29 | § 3513. Visitation. |
30 | § 3514. Employees of official visitor. |
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1 | Chapter 37. Inmate Prerelease Plans |
2 | § 3701. Establishment of prerelease centers. |
3 | § 3702. Prerelease plan for inmates. |
4 | § 3703. Rules and regulations. |
5 | § 3704. Salaries and wages of inmates. |
6 | Chapter 39. Motivational Boot Camp |
7 | § 3901. Scope of chapter. |
8 | § 3902. Declaration of policy. |
9 | § 3903. Definitions. |
10 | § 3904. Selection of inmate participants. |
11 | § 3905. Motivational boot camp program. |
12 | § 3906. Procedure for selection of participant in motivational |
13 | boot camp program. |
14 | § 3907. Completion of motivational boot camp program. |
15 | § 3908. Appeals. |
16 | Chapter 41. State Intermediate Punishment |
17 | § 4101. Scope of chapter. |
18 | § 4102. Findings and purpose. |
19 | § 4103. Definitions. |
20 | § 4104. Referral to State intermediate punishment program. |
21 | § 4105. Drug offender treatment program. |
22 | § 4106. Written guidelines and regulations. |
23 | § 4107. Reports. |
24 | § 4108. Construction. |
25 | § 4109. Evaluation. |
26 | Chapter 43. Execution Procedure and Method |
27 | § 4301. Definitions. |
28 | § 4302. Issuance of warrant. |
29 | § 4303. Terms of confinement. |
30 | § 4304. Method of execution. |
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1 | § 4305. Witnesses to execution. |
2 | § 4306. Certification of chief administrator. |
3 | § 4307. Postmortem examination. |
4 | § 4308. Costs of execution and examination. |
5 | Chapter 45. Recidivism Risk Reduction Incentive |
6 | § 4501. Scope of chapter. |
7 | § 4502. Purpose of chapter. |
8 | § 4503. Definitions. |
9 | § 4504. Recidivism risk reduction incentive programs. |
10 | § 4505. Sentencing. |
11 | § 4506. Recidivism risk reduction incentive minimum. |
12 | § 4507. Authority of board. |
13 | § 4508. Written guidelines and regulations. |
14 | § 4509. Evaluation. |
15 | § 4510. Reports. |
16 | § 4511. Construction of chapter. |
17 | § 4512. Applicability of chapter. |
18 | Chapter 59. Miscellaneous Provisions |
19 | § 5901. Physical welfare of inmates. |
20 | § 5902. Contraband prohibited. |
21 | § 5903. Inmate uniforms. |
22 | § 5904. Assessment and collection of costs. |
23 | PART IV. PROBATION AND PAROLE |
24 | Chapter 61. Pennsylvania Board of Probation and Parole |
25 | Subchapter A. Preliminary Provisions |
26 | § 6101. Definitions. |
27 | § 6102. Operation of parole system generally. |
28 | Subchapter B. Administration |
29 | § 6111. Pennsylvania Board of Probation and Parole. |
30 | § 6112. Board chairperson. |
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1 | § 6113. Board action. |
2 | § 6114. Salaries of board members. |
3 | § 6115. Incompatible offices and removal. |
4 | § 6116. Meetings. |
5 | § 6117. Official seal. |
6 | § 6118. Offices. |
7 | § 6119. District directors. |
8 | § 6120. District office employees. |
9 | § 6121. Disciplinary action. |
10 | § 6122. Political activities. |
11 | § 6123. Advisory committee. |
12 | Subchapter C. Powers and Duties |
13 | § 6131. General powers of board. |
14 | § 6132. Specific powers of board involving parolees. |
15 | § 6133. Probation services. |
16 | § 6134. Sentencing court to transmit records to board. |
17 | § 6134.1. General criteria for parole by court. |
18 | § 6135. Investigation of circumstances of offense. |
19 | § 6136. Right of access to inmates. |
20 | § 6137. Parole power. |
21 | § 6138. Violation of terms of parole. |
22 | § 6139. Parole procedure. |
23 | § 6140. Victim statements, testimony and participation in |
24 | hearing. |
25 | § 6141. General rules and special regulations. |
26 | § 6142. Investigations for the Board of Pardons. | <-- |
27 | Subchapter D. State Parole Agents |
28 | § 6151. Definitions. |
29 | § 6152. Status as peace officers. |
30 | § 6153. Supervisory relationship to offenders. |
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1 | Chapter 63. County Probation Officers' Firearm Education and |
2 | Training |
3 | § 6301. Short title of chapter. |
4 | § 6302. Definitions. |
5 | § 6303. County Probation Officers' Firearm Education and |
6 | Training Commission. |
7 | § 6304. Commission membership. |
8 | § 6305. Powers and duties of commission. |
9 | § 6306. Training mandatory. |
10 | § 6307. Requirements for program participation or waiver. |
11 | § 6308. County Probation Officers' Firearm Education and |
12 | Training Fund. |
13 | § 6309. Applicability. |
14 | PART V. MISCELLANEOUS PROVISIONS |
15 | Chapter 71. Interstate Compacts |
16 | Subchapter A. Interstate Corrections Compact |
17 | § 7101. Short title of subchapter. |
18 | § 7102. Interstate Corrections Compact. |
19 | § 7103. Powers. |
20 | Subchapter B. Interstate Compact for the Supervision of |
21 | Adult Offenders |
22 | § 7111. Short title of subchapter. |
23 | § 7112. Authority to execute compact. |
24 | § 7113. When and how compact becomes operative. |
25 | § 7114. State council and compact administrator. |
26 | Subchapter C. Administrative Provisions |
27 | § 7121. Deputization. |
28 | § 7122. Supervision of persons paroled by other states. |
29 | § 7123. Penalty. |
30 | The General Assembly of the Commonwealth of Pennsylvania |
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1 | hereby enacts as follows: |
2 | Section 1. The definition of "process" in section 102 of | <-- |
3 | Title 42 of the Pennsylvania Consolidated Statutes is amended to |
4 | read: |
5 | § 102. Definitions. |
6 | Subject to additional definitions contained in subsequent |
7 | provisions of this title which are applicable to specific |
8 | provisions of this title, the following words and phrases when |
9 | used in this title shall have, unless the context clearly |
10 | indicates otherwise, the meanings given to them in this section: |
11 | * * * |
12 | "Process." A document evidencing a command of a court or of |
13 | a [district justice] magisterial district judge. |
14 | * * * |
15 | Section 1.1. Part II, Subpart A heading, Article E heading |
16 | and Chapter 15 heading of Title 42 are amended to read: |
17 | PART II |
18 | ORGANIZATION |
19 | SUBPART A |
20 | COURTS AND [DISTRICT JUSTICES] MAGISTERIAL DISTRICT JUDGES |
21 | * * * |
22 | ARTICLE E |
23 | [DISTRICT JUSTICES] MAGISTERIAL DISTRICT JUDGES |
24 | CHAPTER 15 |
25 | [DISTRICT JUSTICES] MAGISTERIAL DISTRICT JUDGES |
26 | Section 1.2. Sections 1511, 1515(a)(3) and (5), 1516 and |
27 | 1520(a) of Title 42 are amended to read: |
28 | § 1511. [District justices] Magisterial district judges. |
29 | There shall be one [district justice] magisterial district |
30 | judge in each magisterial district. |
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1 | § 1515. Jurisdiction and venue. |
2 | (a) Jurisdiction.--Except as otherwise prescribed by general |
3 | rule adopted pursuant to section 503 (relating to reassignment |
4 | of matters), magisterial district judges shall, under procedures |
5 | prescribed by general rule, have jurisdiction of all of the |
6 | following matters: |
7 | * * * |
8 | (3) Civil claims, except claims against a Commonwealth |
9 | party as defined by section 8501 (relating to definitions), |
10 | wherein the sum demanded does not exceed $8,000, exclusive of |
11 | interest and costs, in the following classes of actions: |
12 | (i) In assumpsit, except cases of real contract |
13 | where the title to real estate may be in question. |
14 | (ii) In trespass, including all forms of trespass |
15 | and trespass on the case. |
16 | (iii) For fines and penalties by any government |
17 | agency. |
18 | A plaintiff may waive a portion of his claim of more than |
19 | $8,000 so as to bring the matter within the monetary |
20 | jurisdiction of a [district justice] magisterial district |
21 | judge. Such waiver shall be revoked automatically if the |
22 | defendant appeals the final order of the magisterial district |
23 | judge or when the judgment is set aside upon certiorari. |
24 | * * * |
25 | (5) Offenses under 75 Pa.C.S. § 3802 (relating to |
26 | driving under influence of alcohol or controlled substance), |
27 | if the following criteria are met: |
28 | (i) The offense is the first offense by the |
29 | defendant under such provision in this Commonwealth. |
30 | (ii) No personal injury (other than to the |
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1 | defendant) resulted from the offense. |
2 | (iii) The defendant pleads guilty. |
3 | (iv) No property damage in excess of $500 other than |
4 | to the defendant's property resulted from the violation. |
5 | (v) The defendant is not subject to the provisions |
6 | of Chapter 63 (relating to juvenile matters). |
7 | (vi) The arresting authority shall cause to be |
8 | transmitted a copy of the charge of any violation of 75 |
9 | Pa.C.S. § 3802 to the office of the clerk of the court of |
10 | common pleas within five days after the preliminary |
11 | arraignment. |
12 | In determining that the above criteria are met the |
13 | magisterial district judge shall rely on the certification of |
14 | the arresting authority. Certification that the criteria are |
15 | met need not be in writing. Within ten days after the |
16 | disposition, the [district justice] magisterial district |
17 | judge shall certify the disposition to the office of the |
18 | clerk of the court of common pleas in writing. |
19 | * * * |
20 | § 1516. Lien of judgment. |
21 | A judgment of a magisterial district judge shall not operate |
22 | as a lien on real property until a transcript of the record |
23 | showing a final judgment of a magisterial district judge has |
24 | been filed in the manner prescribed by general rules in the |
25 | office of the clerk of the court of common pleas of the county |
26 | where the property is situated, or in the office of the clerk of |
27 | the branch of the court of common pleas embracing such county. |
28 | After such entry the judgment shall, from the date of such |
29 | entry, be a lien upon real property to the same extent that |
30 | judgment recovered in the court of common pleas is a lien. No |
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1 | such transcript shall be filed until after 30 days after the |
2 | entry of final judgment by the [district justice] magisterial |
3 | district judge. No execution against real estate shall be issued |
4 | by a magisterial district judge. |
5 | § 1520. Adjudication alternative program. |
6 | (a) General rule.--Except for cases charging offenses under |
7 | Titles 75 (relating to vehicles) and 34 (relating to game), the |
8 | magisterial district judge may, upon hearing the facts of a |
9 | case, admit to an appropriate adjudication alternative |
10 | authorized by this section persons charged with summary |
11 | offenses. The defendant shall not be required to plead guilty to |
12 | be accepted by the [district justice] magisterial district judge |
13 | into the program. Acceptance of participation in an alternative |
14 | authorized by this section shall be considered a first |
15 | conviction for the purpose of computing whether a subsequent |
16 | conviction of an offense shall be considered a second or |
17 | subsequent conviction. |
18 | * * * |
19 | Section 1 1.3. Sections 2154.4, 2154.5 and 2154.6 of Title | <-- |
20 | 42 of the Pennsylvania Consolidated Statutes, added September | <-- |
21 | 25, 2008 (P.L.1026, No.81), are amended to read: |
22 | § 2154.4. Adoption of guidelines for resentencing. |
23 | The commission shall adopt guidelines that shall be |
24 | considered by the court when resentencing an offender following |
25 | revocation of probation, county intermediate punishment or State |
26 | intermediate punishment. The guidelines shall take into account |
27 | [factors]: |
28 | (1) Factors considered in adopting the sentencing |
29 | guidelines[, the]. |
30 | (2) The seriousness of the violation [and the]. |
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1 | (3) The rehabilitative needs of the defendant. |
2 | § 2154.5. Adoption of guidelines for parole. |
3 | (a) Adoption.--The commission shall adopt guidelines that |
4 | shall be considered by the board and any other paroling entity |
5 | when exercising its power to parole and reparole all persons |
6 | sentenced by any court in this Commonwealth to imprisonment in |
7 | any [State or county penitentiary, prison or penal institution] |
8 | correctional institution. The guidelines shall do all of the |
9 | following: |
10 | (1) Give primary consideration to the protection of the |
11 | public and to victim safety. |
12 | (2) Provide for due consideration of victim input. |
13 | (3) Be designed to encourage inmates and parolees to |
14 | conduct themselves in accordance with conditions and rules of |
15 | conduct set forth by the department or other prison |
16 | facilities and the board. |
17 | (4) Be designed to encourage inmates and parolees to |
18 | participate in programs that have been demonstrated to be |
19 | effective in reducing recidivism, including appropriate drug |
20 | and alcohol treatment programs. |
21 | (5) Provide for prioritization of incarceration, |
22 | rehabilitation and other criminal justice resources for |
23 | offenders posing the greatest risk to public safety. |
24 | (6) Use validated risk assessment tools, be evidence |
25 | based and take into account available research relating to |
26 | the risk of recidivism, minimizing the threat posed to public |
27 | safety and factors maximizing the success of reentry. |
28 | (b) Discretionary authority.--Notwithstanding any other |
29 | provision of law, this section shall not remove the |
30 | discretionary parole authority of the board and any other |
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1 | paroling entity when exercising its power to parole and |
2 | reparole. |
3 | § 2154.6. Adoption of recommitment ranges following revocation |
4 | of parole by board. |
5 | (a) Recommitment ranges.--The commission shall adopt |
6 | recommitment ranges that shall be considered by the board when |
7 | exercising its power to reparole, commit and recommit for |
8 | violations of parole any person sentenced by a court in this |
9 | Commonwealth to imprisonment in any [prison or penal institution |
10 | of this Commonwealth, including State or county penitentiaries, |
11 | prisons or penal institutions] correctional institution. The |
12 | recommitment ranges shall take into account the seriousness of |
13 | the initial conviction offense, the level of seriousness of the |
14 | violation and the rehabilitative needs of the defendant. At the |
15 | end of the recommittal period, the parole violator shall be |
16 | reviewed for parole or, without further review, shall be |
17 | reparoled. |
18 | (b) Deviation.--In every case in which the board deviates |
19 | from the recommitment ranges, the board shall provide a |
20 | contemporaneous written statement of the reasons for the |
21 | deviation from the recommitment ranges to the commission as |
22 | established under section 2153(a)(14) (relating to powers and |
23 | duties). |
24 | (c) Definitions.--As used in this section, the following |
25 | words and phrases shall have the meanings given to them in this |
26 | subsection: |
27 | "Recommitment range." A range of time within which a parole |
28 | violator may be recommitted to serve an additional part of the |
29 | term the parole violator would have been compelled to serve had |
30 | the parole violator not been paroled. |
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1 | Section 2. Title 42 is amended by adding a section to read: |
2 | § 9755.1. Temporary release from county correctional |
3 | institution. |
4 | (a) (Reserved). |
5 | (b) Surrender of wages.--When an inmate is employed for |
6 | wages or salary, the chief administrator of the county |
7 | correctional institution shall collect the wages or salary or |
8 | require the inmate to turn over his wages or salary in full when |
9 | received, and the chief administrator shall deposit the same in |
10 | a trust checking account and keep a ledger showing the status of |
11 | the account of each inmate. |
12 | (c) Liability for board cost.-- |
13 | (1) An inmate gainfully employed shall be liable for the |
14 | cost of his board in the county correctional institution as |
15 | fixed by the county commissioners. If necessarily absent from |
16 | jail at a meal time, the inmate shall, at his request, be |
17 | furnished with an adequate nourishing lunch to carry to work. |
18 | (2) The chief administrator of the county correctional |
19 | institution shall charge the inmate's account if the inmate |
20 | has one for such board. |
21 | (3) If the inmate is gainfully self-employed, the inmate |
22 | shall pay for such board in default of which his privilege |
23 | under this section shall be automatically forfeited. |
24 | (4) If the food in the county correctional institution |
25 | is furnished directly by the county, the chief administrator |
26 | of the county correctional institution shall account for and |
27 | pay over such board payments to the county treasurer. |
28 | (d) Disbursements from inmate accounts.--By order of the |
29 | court, the wages or salaries of employed inmates shall be |
30 | disbursed for the following purposes in the order stated: |
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1 | (1) The board of the inmate. |
2 | (2) Necessary travel expense to and from work and other |
3 | incidental expenses of the inmate. |
4 | (3) Support of the inmate's dependents, if any, the |
5 | amount to be determined by the court. |
6 | (4) Payment of docket costs connected with the |
7 | commitment of the inmate. |
8 | (5) Payment either in full or ratably of the inmate's |
9 | obligations acknowledged by him in writing or which have been |
10 | reduced to judgment. |
11 | (6) The balance, if any, to the inmate upon discharge. |
12 | (e) Intercounty custody.--The court may by order authorize |
13 | the chief administrator of a county correctional institution to |
14 | which an inmate is committed to arrange with the chief |
15 | administrator of another county correctional institution for the |
16 | employment of the prisoner in the other's county and while so |
17 | employed to be in the other's custody but in other respects to |
18 | be and continue subject to the commitment. |
19 | Section 3. Sections 9756(b), (b.1) and (e) of Title 42, |
20 | amended or added September 25, 2008 (P.L.1026, No.81), are |
21 | amended to read: |
22 | § 9756. Sentence of total confinement. |
23 | * * * |
24 | (b) Minimum sentence.-- |
25 | (1) The court shall impose a minimum sentence of |
26 | confinement which shall not exceed one-half of the maximum |
27 | sentence imposed. |
28 | (2) The minimum sentence imposed under this section may |
29 | not be reduced through parole prior to the expiration of the |
30 | minimum sentence unless otherwise authorized by this section |
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1 | or other law. |
2 | (3) Except where the maximum sentence imposed is two |
3 | years or more, and except where a mandatory minimum sentence |
4 | of imprisonment or total confinement is required by law, the |
5 | court shall, at the time of sentencing, state whether or not |
6 | the defendant is eligible to participate in a reentry plan at |
7 | any time prior to the expiration of the minimum sentence or |
8 | at the expiration of a specified portion of the minimum |
9 | sentence. For maximum sentences of less than two years as |
10 | defined under section 9762(f) (relating to sentencing |
11 | proceeding; place of confinement), a court may parole a |
12 | defendant prior to the expiration of the minimum sentence |
13 | only if the defendant was made eligible to participate in a |
14 | reentry plan at the time of sentencing. The court shall |
15 | provide at least ten days' written notice and an opportunity |
16 | to be heard, pursuant to [the act of June 19, 1911 (P.L.1059, |
17 | No.813), referred to as the County Jail and Workhouse Parole |
18 | Law,] section 9776 (relating to judicial power to release |
19 | inmates), to the prosecuting attorney before granting parole |
20 | pursuant to this subsection. The reentry plan eligibility |
21 | shall be considered a part of the sentence and subject to the |
22 | requirements relating to the entry, recording and reporting |
23 | of sentences. |
24 | (b.1) Recidivism risk reduction incentive minimum |
25 | sentence.--The court shall determine if the defendant is |
26 | eligible for a recidivism risk reduction incentive minimum |
27 | sentence under [44 Pa.C.S. Ch. 53] 61 Pa.C.S. Ch. 45 (relating |
28 | to recidivism risk reduction incentive). If the defendant is |
29 | eligible, the court shall impose a recidivism risk reduction |
30 | incentive minimum sentence in addition to a minimum sentence and |
|
1 | maximum sentence except, if the defendant was previously |
2 | sentenced to two or more recidivism risk reduction incentive |
3 | minimum sentences, the court shall have the discretion to impose |
4 | a sentence with no recidivism risk reduction incentive minimum. |
5 | * * * |
6 | (e) Definitions.--As used in this section, the term "reentry |
7 | plan" is a release plan that may include drug and alcohol |
8 | treatment, behavioral health treatment, job training, skills |
9 | training, education, life skills or any other [conditions] |
10 | condition deemed relevant by the court. |
11 | Section 4. Title 42 is amended by adding sections to read: |
12 | § 9775. Parole without board supervision. |
13 | A sentencing court shall grant parole from a term of |
14 | imprisonment for less than a maximum period of two years, and, |
15 | together with all probations except probation as to which |
16 | supervision is specially ordered by the court as provided for |
17 | under section 9721 (relating to sentencing generally), parole |
18 | shall be without supervision by the board. |
19 | § 9776. Judicial power to release inmates. |
20 | (a) General rule.--Except as otherwise provided under this |
21 | chapter or if the Pennsylvania Board of Probation and Parole has |
22 | exclusive parole jurisdiction, a court of this Commonwealth or |
23 | other court of record having jurisdiction may, after due |
24 | hearing, release on parole an inmate in the county correctional |
25 | institution of that judicial district. |
26 | (b) Petition required.--No inmate may be paroled under this |
27 | section except on petition verified by the oath of the inmate or |
28 | by the inmate's representative and presented and filed in the |
29 | court in which the inmate was convicted. |
30 | (c) Hearing.--On presentation of the petition, the court |
|
1 | shall fix a day for the hearing. A copy of the petition shall be |
2 | served on the district attorney and prosecutor in the case at |
3 | least ten days before the day fixed for the hearing. Proof of |
4 | service on the district attorney and the prosecutor shall be |
5 | produced at the hearing. |
6 | (d) Order.--After the hearing, the court shall make such |
7 | order as it may deem just and proper. In case the court paroles |
8 | the inmate, it shall place the inmate in the charge of and under |
9 | the supervision of a designated probation officer. |
10 | (e) Recommit.--The court may, on cause shown by the |
11 | probation officer that the inmate has violated his parole, |
12 | recommit and reparole the inmate in the same manner and by the |
13 | same procedure as in the case of the original parole if, in the |
14 | judgment of the court, there is a reasonable probability that |
15 | the inmate will benefit by being paroled. The court may also |
16 | recommit for violation of that parole. |
17 | (f) Limitation.-- |
18 | (1) Subject to the provisions of paragraph (2), the |
19 | power of a court to parole an inmate under this section shall |
20 | extend for a period not to exceed the maximum sentence |
21 | provided by law for the offense of which the inmate was |
22 | convicted. |
23 | (2) A court may release on parole, on petition to any |
24 | other court, an inmate committed to a correctional |
25 | institution by any magisterial district judge and shall have |
26 | the same power to recommit an inmate paroled under this |
27 | section. |
28 | § 9777. Transfer of inmates in need of medical treatment. |
29 | (a) Inmates committed to custody of department.--If an |
30 | inmate is committed to the custody of the department, the |
|
1 | department, the inmate or a person to whom the court grants |
2 | standing to act on behalf of the inmate may petition the |
3 | sentencing court to temporarily defer service of the sentence of |
4 | confinement and temporarily remove the inmate committed to the |
5 | custody of the department, or other facility, for placement in a |
6 | hospital, long-term care nursing facility or hospice care |
7 | location. The following shall apply: |
8 | (1) The sentencing court may approve the petitioner's |
9 | request to temporarily defer service of the sentence of |
10 | confinement and place the inmate in a hospital or long-term |
11 | care nursing facility under electronic monitoring by the |
12 | department upon clear and convincing proof that all of the |
13 | following apply: |
14 | (i) The medical needs of the inmate can be more |
15 | appropriately addressed in the hospital or long-term care |
16 | nursing facility. |
17 | (ii) The hospital or long-term care nursing facility |
18 | requested by the petitioner has agreed to accept the |
19 | placement of the inmate and to provide necessary medical |
20 | care. |
21 | (iii) The inmate is seriously ill and is expected by |
22 | a treating physician to not live for more than one year. |
23 | (iv) There are no writs filed or detainers lodged |
24 | against the inmate and the inmate is not subject to any |
25 | court order requiring the inmate's presence. |
26 | (v) The placement in the hospital or long-term care |
27 | nursing facility does not pose an undue risk of escape or |
28 | danger to the community. In making this determination the |
29 | sentencing court shall consider the inmate's |
30 | institutional conduct record, whether the inmate was ever |
|
1 | convicted of a crime of violence, the length of time that |
2 | the inmate has been imprisoned and any other factors the |
3 | sentencing court deems relevant. |
4 | (vi) The hospital or long-term care nursing facility |
5 | has agreed to notify the department and the court of any |
6 | material changes in the health status of the inmate, the |
7 | nature of the care provided or other information required |
8 | by the department. |
9 | (vii) Each agency representing the Commonwealth at a |
10 | proceeding which resulted in an order committing or |
11 | detaining the inmate, the State or local correctional |
12 | facility housing the inmate and any registered crime |
13 | victim have been given notice and an opportunity to be |
14 | heard on the petition. |
15 | (2) The sentencing court may approve the petitioner's |
16 | request to temporarily defer service of the sentence of |
17 | confinement in order for the inmate to receive care from a |
18 | licensed hospice care provider, proposed by the petitioner |
19 | and subject to electronic monitoring by the department if all |
20 | of the following are established by clear and convincing |
21 | proof: |
22 | (i) The inmate is terminally ill, not ambulatory and |
23 | likely to die in the near future. |
24 | (ii) The licensed hospice care provider can provide |
25 | the inmate with more appropriate care. |
26 | (iii) Appropriate medical care and palliative and |
27 | supportive services will be provided by the licensed |
28 | hospice care provider at the proposed hospice care |
29 | location. |
30 | (iv) The placement of the inmate in the proposed, |
|
1 | licensed hospice care location does not pose an undue |
2 | risk of escape or danger to the community. In making this |
3 | determination, the sentencing court shall consider the |
4 | inmate's institutional conduct record, whether the inmate |
5 | was ever convicted of a crime of violence, the length of |
6 | time that the inmate has been imprisoned and any other |
7 | factors the sentencing court deems relevant. |
8 | (v) The licensed hospice care provider has agreed to |
9 | notify the department and the sentencing court of any |
10 | material changes in the health status of the inmate, the |
11 | nature of the hospice care provided or other information |
12 | required by the department or the sentencing court. |
13 | (vi) Each agency representing the Commonwealth at a |
14 | proceeding which resulted in an order committing or |
15 | detaining the inmate, the State or local correctional |
16 | facility housing the inmate and any registered crime |
17 | victim have been given notice and an opportunity to be |
18 | heard on the petition. |
19 | (3) Any order entered pursuant to this subsection |
20 | temporarily deferring service of an inmate's sentence of |
21 | confinement shall include a provision that the department or |
22 | prosecuting attorney may at any time petition the sentencing |
23 | court for an order directing that the inmate be recommitted |
24 | to the custody of the department if the circumstances under |
25 | which the inmate was released change or for any previously |
26 | unknown circumstances, including a change in the inmate's |
27 | medical status, the inmate's risk of escape, the inmate's |
28 | danger to the community or the nature of the medical or other |
29 | care provided by the hospital, long-term care nursing |
30 | facility or hospice care provider. |
|
1 | (4) The sentencing court may terminate at any time its |
2 | order authorizing the temporary deferral of the service of an |
3 | inmate's sentence of confinement entered pursuant to this |
4 | subsection. An inmate taken into custody pursuant to an order |
5 | directing the inmate's detention or recommitment under this |
6 | subsection shall be delivered to the nearest State |
7 | correctional institution pending a hearing on the matter. |
8 | (b) Inmates committed to custody of other facilities.--An |
9 | inmate not committed to the custody of the department but |
10 | confined in an institution authorized to incarcerate or detain |
11 | persons for criminal sentences, violations of criminal law or |
12 | orders of parole, probation, bail or other order related to a |
13 | civil or criminal matter may have service of the sentence of |
14 | confinement deferred and may be placed in a hospital, long-term |
15 | care nursing facility or licensed hospice care location, subject |
16 | to electronic monitoring, by order of the judge that committed |
17 | the inmate to the facility or institution or by another |
18 | available judge designated to preside if all of the following |
19 | are established by clear and convincing proof: |
20 | (1) The chief administrator, the chief administrator's |
21 | designee, the inmate or a person to whom the court grants |
22 | standing to act on behalf of the inmate petitions the court |
23 | or has given written consent to the grant of a petition under |
24 | this section filed on behalf of the inmate. |
25 | (2) There is sufficient proof to establish the |
26 | requirements for a placement to a hospital or long-term care |
27 | nursing facility under subsection (a)(1) or a placement to a |
28 | hospice care location under subsection (a)(2). |
29 | (3) An entry of an order pursuant to this subsection |
30 | temporarily deferring service of an inmate's sentence of |
|
1 | confinement shall include a provision that the chief |
2 | administrator or the prosecuting attorney may at any time |
3 | petition the sentencing court seeking the issuance of a bench |
4 | warrant directing that the inmate be recommitted to the |
5 | custody of the appropriate correctional institution if the |
6 | circumstances under which the inmate was released change or |
7 | for previously unknown circumstances, including a change in |
8 | the inmate's medical status, the inmate's risk of escape, the |
9 | inmate's danger to the community or the nature of the medical |
10 | or other care provided by the hospital, long-term care |
11 | nursing facility or hospice care provider. |
12 | (4) The sentencing court may terminate at any time its |
13 | order authorizing the temporary deferral of the service of an |
14 | inmate's sentence of confinement entered pursuant to this |
15 | subsection. An inmate taken into custody pursuant to an order |
16 | directing detention or recommitment under this subsection |
17 | shall be delivered to the county correctional institution or |
18 | other institution at which the inmate was confined prior to |
19 | the entry of the order deferring the service of the sentence |
20 | of confinement pending a hearing on the matter. |
21 | (c) Service.--Any petition filed under this section shall be |
22 | served on each agency representing the Commonwealth at each |
23 | proceeding which resulted in an order by which the inmate is |
24 | committed or detained and to the correctional institution or |
25 | institution responsible for housing the inmate. Each party shall |
26 | have an opportunity to object and be heard as to the petition |
27 | for alternative placement, the circumstances of placement, the |
28 | conditions of return or any other relevant issue. The court |
29 | shall ensure that any crime victim entitled to notification |
30 | under section 201(7) or (8) of the act of November 24, 1998 |
|
1 | (P.L.882, No.111), known as the Crime Victims Act, has been |
2 | given notice and the opportunity to be heard on the petition. |
3 | All parties served or notified under this subsection shall |
4 | receive a copy of the final order adjudicating the petition. |
5 | (d) Notice.-- |
6 | (1) Any order entered under this section placing an |
7 | inmate in a hospital, long-term care nursing facility or |
8 | hospice care location which provides care to persons who were |
9 | not placed therein pursuant to an order entered under this |
10 | section shall direct the individual in charge of the |
11 | hospital, long-term care nursing facility or hospice care |
12 | location to ensure that each person receiving care at, and |
13 | each employee or contractor working in, the hospital, long- |
14 | term care nursing facility or hospice care location is |
15 | notified that the placement was ordered if it is foreseeable |
16 | that the person, employee or contractor will come into |
17 | contact with the inmate during the placement. |
18 | (2) The sentencing court shall forward notice of any |
19 | order entered under this section placing an inmate in a |
20 | hospital, long-term care nursing facility or hospice care |
21 | location to the hospital, long-term care nursing facility or |
22 | hospice care location and to the Department of Public |
23 | Welfare. |
24 | (e) Petition requirements.--Any petition filed pursuant to |
25 | this section must aver: |
26 | (1) The name of the hospital, long-term care nursing |
27 | facility or hospice care location proposed for placement. |
28 | (2) That the petitioner reasonably believes the named |
29 | hospital, long-term care nursing facility or hospice care |
30 | location has agreed to accept the placement of the inmate and |
|
1 | the facts upon which that belief is based. |
2 | (f) Removal from placement.--If an inmate placed in a |
3 | hospital, long-term care nursing facility or hospice care |
4 | location pursuant to this chapter removes himself from the |
5 | hospital, long-term care nursing facility or hospice care |
6 | location, the inmate shall be subject to arrest upon probable |
7 | cause and shall, upon conviction thereof, be guilty of criminal |
8 | contempt. |
9 | (g) Definitions.--As used in this section, the following |
10 | words and phrases shall have the meanings given to them in this |
11 | subsection unless the context clearly indicates otherwise: |
12 | "Chief administrator." As defined under 61 Pa.C.S. § 102 |
13 | (relating to definitions). |
14 | "Department." The Department of Corrections of the |
15 | Commonwealth. |
16 | "Hospice care location." A home, independent living |
17 | environment or inpatient setting that provides a coordinated |
18 | program of palliative and supportive services through a licensed |
19 | hospice care provider. |
20 | "Hospital." An entity licensed as an acute-care general |
21 | hospital, a specialty hospital or a rehabilitation hospital |
22 | under the act of July 19, 1979 (P.L.130, No.48), known as the |
23 | Health Care Facilities Act. |
24 | "Licensed hospice care provider." A hospice as defined under |
25 | section 802.1 of the act of July 19, 1979 (P.L.130, No.48), |
26 | known as the Health Care Facilities Act. |
27 | "Long-term care nursing facility." A long-term care nursing |
28 | facility as defined under section 802.1 of the act of July 19, |
29 | 1979 (P.L.130, No.48), known as the Health Care Facilities Act. |
30 | "Prosecuting attorney." The Office of Attorney General of |
|
1 | the Commonwealth or the office of a district attorney of a |
2 | county who represented the Commonwealth at the most recent |
3 | sentencing of an inmate. |
4 | "Sentencing court." The trial judge who most recently |
5 | sentenced an inmate or, if the trial judge is no longer serving |
6 | as a judge of that court, the president judge of the county |
7 | court of common pleas. |
8 | Section 5. Chapter 99 of Title 42 is repealed: |
9 | [CHAPTER 99 |
10 | STATE INTERMEDIATE PUNISHMENT |
11 | Sec. |
12 | 9901. Scope of chapter. |
13 | 9902. Findings and purpose. |
14 | 9903. Definitions. |
15 | 9904. Referral to State intermediate punishment program. |
16 | 9905. Drug offender treatment program. |
17 | 9906. Written guidelines and regulations. |
18 | 9907. Reports. |
19 | 9908. Construction. |
20 | 9909. Evaluation. |
21 | § 9901. Scope of chapter. |
22 | This chapter relates to State intermediate punishment. |
23 | § 9902. Findings and purpose. |
24 | The General Assembly finds as follows: |
25 | (1) Many crimes are committed by persons who, because of |
26 | their addiction to drugs or alcohol, are unable to maintain |
27 | gainful employment. |
28 | (2) These persons often commit crimes as a means of |
29 | obtaining the funds necessary to purchase drugs or alcohol. |
30 | (3) Many persons commit crimes while under the influence |
|
1 | of drugs or alcohol even though they are not addicted to such |
2 | substances in a clinical sense. |
3 | (4) Punishing persons who commit crimes is an important |
4 | aspect of recognizing the harm that criminals visit upon |
5 | their victims. |
6 | (5) Many people who commit crimes will be able to become |
7 | law-abiding, contributing members of society if they are able |
8 | to obtain treatment for their drug or alcohol addiction or |
9 | abuse. |
10 | (6) The purpose of this chapter is to create a program |
11 | that punishes person who commit crimes, but also provides |
12 | treatment that offers the opportunity for those persons to |
13 | address their drug or alcohol addiction or abuse and thereby |
14 | reduce the incidents of recidivism and enhance public safety. |
15 | § 9903. Definitions. |
16 | The following words and phrases when used in this chapter |
17 | shall have the meanings given to them in this section unless the |
18 | context clearly indicates otherwise: |
19 | "Commission." The Pennsylvania Commission on Sentencing. |
20 | "Community-based therapeutic community." A long-term |
21 | residential addiction treatment program licensed by the |
22 | Department of Health to provide addiction treatment services |
23 | using a therapeutic community model and determined by the |
24 | Department of Corrections to be qualified to provide addiction |
25 | treatment to eligible offenders. |
26 | "Community corrections center." A residential program that |
27 | is supervised and operated by the Department of Corrections for |
28 | inmates with prerelease status or who are on parole. |
29 | "Court." The trial judge exercising sentencing jurisdiction |
30 | over an eligible offender under this chapter or the president |
|
1 | judge if the original trial judge is no longer serving as a |
2 | judge of the sentencing court. |
3 | "Defendant." An individual charged with a drug-related |
4 | offense. |
5 | "Department." The Department of Corrections of the |
6 | Commonwealth. |
7 | "Drug offender treatment program." An individualized |
8 | treatment program established by the Department of Corrections |
9 | consisting primarily of drug and alcohol addiction treatment |
10 | that satisfies the terms and conditions listed in section 9905 |
11 | (relating to drug offender treatment program). |
12 | "Drug-related offense." A criminal offense for which a |
13 | defendant is convicted and that the court determines was |
14 | motivated by the defendant's consumption of or addiction to |
15 | alcohol or a controlled substance, counterfeit, designer drug, |
16 | drug, immediate precursor or marihuana, as those terms are |
17 | defined in the act of April 14, 1972 (P.L.233, No.64), known as |
18 | The Controlled Substance, Drug, Device and Cosmetic Act. |
19 | "Eligible offender." Subject to section 9721(a.1) (relating |
20 | to sentencing generally), a defendant designated by the |
21 | sentencing court as a person convicted of a drug-related offense |
22 | who: |
23 | (1) Has undergone an assessment performed by the |
24 | Department of Corrections, which assessment has concluded |
25 | that the defendant is in need of drug and alcohol addiction |
26 | treatment and would benefit from commitment to a drug |
27 | offender treatment program and that placement in a drug |
28 | offender treatment program would be appropriate. |
29 | (2) Does not demonstrate a history of present or past |
30 | violent behavior. |
|
1 | (3) Would be placed in the custody of the department if |
2 | not sentenced to State intermediate punishment. |
3 | (4) Provides written consent permitting release of |
4 | information pertaining to the defendant's participation in a |
5 | drug offender treatment program. |
6 | The term shall not include a defendant who is subject to a |
7 | sentence the calculation of which includes an enhancement for |
8 | the use of a deadly weapon, as defined pursuant to law or the |
9 | sentencing guidelines promulgated by the Pennsylvania Commission |
10 | on Sentencing, or a defendant who has been convicted of a |
11 | personal injury crime as defined in section 103 of the act of |
12 | November 24, 1998 (P.L.882, No.111), known as the Crime Victims |
13 | Act, or an attempt or conspiracy to commit such a crime or who |
14 | has been convicted of violating 18 Pa.C.S. § 4302 (relating to |
15 | incest), 5901 (relating to open lewdness), 6312 (relating to |
16 | sexual abuse of children), 6318 (relating to unlawful contact |
17 | with minor) or 6320 (relating to sexual exploitation of |
18 | children) or Ch. 76 Subch. C (relating to Internet child |
19 | pornography). |
20 | "Expulsion." The permanent removal of a participant from a |
21 | drug offender treatment program. |
22 | "Group home." A residential program that is contracted out |
23 | by the Department of Corrections to a private service provider |
24 | for inmates with prerelease status or who are on parole. |
25 | "Individualized drug offender treatment plan." An |
26 | individualized addiction treatment plan within the framework of |
27 | the drug offender treatment program. |
28 | "Institutional therapeutic community." A residential drug |
29 | treatment program in a State correctional institution, |
30 | accredited as a therapeutic community for treatment of drug and |
|
1 | alcohol abuse and addiction by the American Correctional |
2 | Association or other nationally recognized accreditation |
3 | organization for therapeutic community drug and alcohol |
4 | addiction treatment. |
5 | "Outpatient addiction treatment facility." An addiction |
6 | treatment facility licensed by the Department of Health and |
7 | designated by the Department of Corrections as qualified to |
8 | provide addiction treatment to criminal justice offenders. |
9 | "Participant." An eligible offender actually sentenced to |
10 | State intermediate punishment pursuant to section 9721(a)(7) |
11 | (relating to sentencing generally). |
12 | "Transitional residence." A residence investigated and |
13 | approved by the Department of Corrections as appropriate for |
14 | housing a participant in a drug offender treatment program. |
15 | § 9904. Referral to State intermediate punishment program. |
16 | (a) Referral for evaluation.-- |
17 | (1) Prior to imposing a sentence, the court may, upon |
18 | motion of the Commonwealth and agreement of the defendant, |
19 | commit a defendant to the custody of the department for the |
20 | purpose of evaluating whether the defendant would benefit |
21 | from a drug offender treatment program and whether placement |
22 | in the drug offender treatment program is appropriate. |
23 | (2) Upon committing a defendant to the department, the |
24 | court shall forward to the department: |
25 | (i) A summary of the offense for which the defendant |
26 | has been convicted. |
27 | (ii) Information relating to the defendant's history |
28 | of delinquency or criminality, including the information |
29 | maintained by the court pursuant to Chapter 63 (relating |
30 | to juvenile matters), when available. |
|
1 | (iii) Information relating to the defendant's |
2 | history of drug or alcohol abuse or addiction, when |
3 | available. |
4 | (iv) A presentence investigation report, when |
5 | available. |
6 | (v) Any other information the court deems relevant |
7 | to assist the department with its assessment of the |
8 | defendant. |
9 | (b) Assessment of addiction.-- |
10 | (1) The department shall conduct an assessment of the |
11 | addiction and other treatment needs of a defendant and |
12 | determine whether the defendant would benefit from a drug |
13 | offender treatment program. The assessment shall be conducted |
14 | using a nationally recognized assessment instrument or an |
15 | instrument that has been normed and validated on the |
16 | department's inmate population by a recognized expert in such |
17 | matters. The assessment instrument shall be administered by |
18 | persons skilled in the treatment of drug and alcohol |
19 | addiction and trained to conduct assessments. The assessments |
20 | shall be reviewed and approved by a supervisor with at least |
21 | three years of experience providing drug and alcohol |
22 | counseling services. |
23 | (2) The department shall conduct risk and other |
24 | assessments it deems appropriate and shall provide a report |
25 | of its assessment to the court, the defendant, the attorney |
26 | for the Commonwealth and the commission within 60 days of the |
27 | court's commitment of the defendant to the custody of the |
28 | department. |
29 | (c) Proposed drug offender treatment program.--If the |
30 | department in its discretion believes a defendant would benefit |
|
1 | from a drug offender treatment program and placement in the drug |
2 | offender treatment program is appropriate, the department shall |
3 | provide the court, the defendant, the attorney for the |
4 | Commonwealth and the commission with a proposed drug offender |
5 | treatment program detailing the type of treatment proposed. |
6 | (d) Prerequisites for commitment.--Upon receipt of a |
7 | recommendation for placement in a drug offender treatment |
8 | program from the department and agreement of the attorney for |
9 | the Commonwealth and the defendant, the court may sentence an |
10 | eligible offender to a period of 24 months of State intermediate |
11 | punishment if the court finds that: |
12 | (1) The eligible offender is likely to benefit from |
13 | State intermediate punishment. |
14 | (2) Public safety would be enhanced by the eligible |
15 | offender's participation in State intermediate punishment. |
16 | (3) Sentencing the eligible offender to State |
17 | intermediate punishment would not depreciate the seriousness |
18 | of the offense. |
19 | (e) Consecutive probation.--Nothing in this chapter shall |
20 | prohibit the court from sentencing an eligible offender to a |
21 | consecutive period of probation. The total duration of the |
22 | sentence may not exceed the maximum term for which the eligible |
23 | offender could otherwise be sentenced. |
24 | (f) Applicability and program limitations.--The court may |
25 | not modify or alter the terms of the department's proposed |
26 | individualized drug offender treatment plan without the |
27 | agreement of the department and the attorney for the |
28 | Commonwealth. |
29 | (g) Videoconferencing.--The department shall make |
30 | videoconferencing facilities available to allow the court to |
|
1 | conduct proceedings necessary under this section when the |
2 | eligible offender has been committed to the custody of the |
3 | department pursuant to subsection (b). |
4 | § 9905. Drug offender treatment program. |
5 | (a) Establishment.--The department shall establish and |
6 | administer a drug offender treatment program as a State |
7 | intermediate punishment. The program shall be designed to |
8 | address the individually assessed drug and alcohol abuse and |
9 | addiction needs of a participant and shall address other issues |
10 | essential to the participant's successful reintegration into the |
11 | community, including, but not limited to, educational and |
12 | employment issues. |
13 | (b) Duration and components.--Notwithstanding any credit to |
14 | which the defendant may be entitled under section 9760 (relating |
15 | to credit for time served), the duration of the drug offender |
16 | treatment program shall be 24 months and shall include the |
17 | following: |
18 | (1) A period in a State correctional institution of not |
19 | less than seven months. This period shall include: |
20 | (i) The time during which the defendants are being |
21 | evaluated by the department under section 9904(b) |
22 | (relating to referral to State intermediate punishment |
23 | program). |
24 | (ii) Following evaluation under subparagraph (i), |
25 | not less than four months shall be in an institutional |
26 | therapeutic community. |
27 | (2) A period of treatment in a community-based |
28 | therapeutic community of at least two months. |
29 | (3) A period of at least six months' treatment through |
30 | an outpatient addiction treatment facility. During the |
|
1 | outpatient addiction treatment period of the drug offender |
2 | treatment program, the participant may be housed in a |
3 | community corrections center or group home or placed in an |
4 | approved transitional residence. The participant must comply |
5 | with any conditions established by the department regardless |
6 | of where the participant resides during the outpatient |
7 | addiction treatment portion of the drug offender treatment |
8 | program. |
9 | (4) A period of supervised reintegration into the |
10 | community for the balance of the drug offender treatment |
11 | program, during which the participant shall continue to be |
12 | supervised by the department and comply with any conditions |
13 | imposed by the department. |
14 | (c) Program management.-- |
15 | (1) Consistent with the minimum time requirements set |
16 | forth in subsection (b), the department may transfer, at its |
17 | discretion, a participant between a State correctional |
18 | institution, an institutional therapeutic community, a |
19 | community-based therapeutic community, an outpatient |
20 | addiction treatment program and an approved transitional |
21 | residence. The department may also transfer a participant |
22 | back and forth between less restrictive and more restrictive |
23 | settings based upon the participant's progress or regression |
24 | in treatment or for medical, disciplinary or other |
25 | administrative reasons. |
26 | (2) This subsection shall be construed to provide the |
27 | department with the maximum flexibility to administer the |
28 | drug offender treatment program both as a whole and for |
29 | individual participants. |
30 | (d) Right of refusal to admit.--The administrator of a |
|
1 | community-based therapeutic community or outpatient addiction |
2 | treatment facility may refuse to accept a participant whom the |
3 | administrator deems to be inappropriate for admission and may |
4 | immediately discharge to the custody of the department any |
5 | participant who fails to comply with facility rules and |
6 | treatment expectations or refuses to constructively engage in |
7 | the treatment process. |
8 | (e) Notice to court of completion of program.--When the |
9 | department determines that a participant has successfully |
10 | completed the drug offender treatment program, it shall notify |
11 | the sentencing court, the attorney for the Commonwealth and the |
12 | commission. |
13 | (f) Expulsion from program.-- |
14 | (1) A participant may be expelled from the drug offender |
15 | treatment program at any time in accordance with guidelines |
16 | established by the department, including failure to comply |
17 | with administrative or disciplinary procedures or |
18 | requirements set forth by the department. |
19 | (2) The department shall promptly notify the court, the |
20 | defendant, the attorney for the Commonwealth and the |
21 | commission of the expulsion of a participant from the drug |
22 | offender treatment program and the reason for such expulsion. |
23 | The participant shall be housed in a State correctional |
24 | institution or county jail pending action by the court. |
25 | (3) The court shall schedule a prompt State intermediate |
26 | punishment revocation hearing pursuant to section 9774 |
27 | (relating to revocation of State intermediate punishment |
28 | sentence). |
29 | § 9906. Written guidelines and regulations. |
30 | The department shall develop written guidelines for |
|
1 | participant selection criteria and the establishment of drug |
2 | offender treatment program selection committees within each |
3 | diagnostic and classification center of the department and shall |
4 | address suspensions and expulsions from the drug offender |
5 | treatment program. The guidelines shall not be subject to the |
6 | act of June 25, 1982 (P.L.633, No.181), known as the Regulatory |
7 | Review Act, and shall be effective for a period of two years |
8 | upon publication in the Pennsylvania Bulletin. The guidelines |
9 | shall be replaced by regulations promulgated by the department |
10 | consistent with the Regulatory Review Act within the two-year |
11 | period during which the guidelines are effective. The |
12 | regulations shall include a requirement that community-based |
13 | therapeutic communities utilized in the drug offender treatment |
14 | program be accredited as a therapeutic community for treatment |
15 | of drug and alcohol abuse and addiction by the Commission on |
16 | Accreditation of Rehabilitation Facilities or other nationally |
17 | recognized accreditation organization for community-based |
18 | therapeutic communities for drug and alcohol addiction |
19 | treatment. |
20 | § 9907. Reports. |
21 | (a) Final report.--The department shall provide a final |
22 | report to the court, the defendant, the attorney for the |
23 | Commonwealth and the commission on a participant's progress in |
24 | the drug offender treatment program. |
25 | (b) Evaluation and report to General Assembly.--The |
26 | department and the commission shall monitor and evaluate the |
27 | drug offender treatment program to ensure that the programmatic |
28 | objectives are met. In odd-numbered years, the department shall |
29 | present a report of its evaluation to the Judiciary Committee of |
30 | the Senate and the Judiciary Committee of the House of |
|
1 | Representatives no later than February 1. In even-numbered |
2 | years, the commission shall present a report of its evaluation |
3 | to the Judiciary Committee of the Senate and the Judiciary |
4 | Committee of the House of Representatives no later than February |
5 | 1. The report shall include: |
6 | (1) The number of offenders evaluated for the drug |
7 | offender treatment program. |
8 | (2) The number of offenders sentenced to the drug |
9 | offender treatment program. |
10 | (3) The number of offenders sentenced to a State |
11 | correctional institution who may have been eligible for the |
12 | drug offender treatment program. |
13 | (4) The number of offenders successfully completing the |
14 | drug offender treatment program. |
15 | (5) The six-month, one-year, three-year and five-year |
16 | recidivism rates for offenders who have completed the drug |
17 | offender treatment program and for a comparison group of |
18 | offenders who were not placed in the drug offender treatment |
19 | program. |
20 | (6) Any changes the department or the commission |
21 | believes will make the drug offender treatment program more |
22 | effective. |
23 | § 9908. Construction. |
24 | Notwithstanding any other provision of law to the contrary, |
25 | this chapter shall not be construed to: |
26 | (1) Confer any legal right upon any individual, |
27 | including an individual participating in the drug offender |
28 | treatment program, to: |
29 | (i) participate in a drug offender treatment |
30 | program; |
|
1 | (ii) continue participation in a drug offender |
2 | treatment program; |
3 | (iii) modify the contents of the drug offender |
4 | treatment program; or |
5 | (iv) file any cause of action in any court |
6 | challenging the department's determination that a |
7 | participant be suspended or expelled from or that a |
8 | participant has successfully completed or failed to |
9 | successfully complete treatment to be provided during any |
10 | portion of a drug offender treatment program. |
11 | (2) Enlarge or limit the right of a participant to |
12 | appeal the participant's sentence. |
13 | § 9909. Evaluation. |
14 | The department and the commission shall monitor and evaluate |
15 | the motivational boot camp program under the act of December 19, |
16 | 1990 (P.L.1391, No.215), known as the Motivational Boot Camp |
17 | Act, to ensure that the programmatic objectives are met. In |
18 | even-numbered years, the department shall present a report of |
19 | its evaluation to the Judiciary Committee of the Senate and the |
20 | Judiciary Committee of the House of Representatives no later |
21 | than February 1. In odd-numbered years, the commission shall |
22 | present a report of its evaluation to the Judiciary Committee of |
23 | the Senate and the Judiciary Committee of the House of |
24 | Representatives no later than February 1.] |
25 | Section 6. Title 42 is amended by adding a chapter to read: |
26 | CHAPTER 99 |
27 | OTHER CRIMINAL PROVISIONS |
28 | Subchapter |
29 | A. County Probation Officers |
30 | SUBCHAPTER A |
|
1 | COUNTY PROBATION OFFICERS |
2 | Sec. |
3 | 9911. Definitions. |
4 | 9912. Supervisory relationship to offenders. |
5 | 9913. Peace officer power for probation officers. |
6 | § 9911. Definitions. |
7 | The following words and phrases when used in this subchapter |
8 | shall have the meanings given in this section unless the context |
9 | clearly indicates otherwise: |
10 | "ARD." Accelerated Rehabilitative Disposition. |
11 | "Conditions of supervision." Any terms or conditions of an |
12 | offender's supervision whether imposed by the court or an |
13 | officer, including compliance with all requirements of Federal, |
14 | State and local law. |
15 | "Contraband." Any item that an offender is not permitted to |
16 | possess under the conditions of supervision, including any item |
17 | whose possession is forbidden by any Federal, State or local |
18 | law. |
19 | "Court." The court of common pleas or any judge thereof, the |
20 | Philadelphia Municipal Court or any judge thereof, the |
21 | Pittsburgh Magistrates Court or any judge thereof or any |
22 | magisterial district judge. |
23 | "Exigent circumstances." The term includes, but is not |
24 | limited to, suspicion that contraband or other evidence of |
25 | violations of the conditions of supervision might be destroyed |
26 | or suspicion that a weapon might be used. Exigent circumstances |
27 | always exist with respect to a vehicle. |
28 | "Offender." A person released on county probation, |
29 | intermediate punishment or county parole. The term shall not |
30 | include any person serving a period of probation pursuant to |
|
1 | Accelerated Rehabilitative Disposition, except as authorized |
2 | under section 9912(b) (relating to supervisory relationship to |
3 | offenders). |
4 | "Officer." A probation or parole officer appointed or |
5 | employed by any court or by any county department of probation |
6 | and parole to supervise persons released on county probation or |
7 | parole. |
8 | "Personal search." A warrantless search of an offender's |
9 | person, including, but not limited to, the offender's clothing |
10 | and any personal property which is in the possession, within the |
11 | reach or under the control of the offender. |
12 | "Property search." A warrantless search of real property, |
13 | vehicle or personal property which is in the possession or under |
14 | the control of an offender. |
15 | "Real property." Any residence or business property of an |
16 | offender, including all portions of the property to which the |
17 | offender has access. |
18 | "Supervisor." An individual acting in a supervisory or |
19 | administrative capacity. |
20 | § 9912. Supervisory relationship to offenders. |
21 | (a) General rule.--Officers are in a supervisory |
22 | relationship with their offenders. The purpose of this |
23 | supervision is to assist the offenders in their rehabilitation |
24 | and reassimilation into the community and to protect the public. |
25 | (b) Searches and seizures authorized.-- |
26 | (1) Officers and, where they are responsible for the |
27 | supervision of county offenders, State parole agents may |
28 | search the person and property of offenders in accordance |
29 | with the provisions of this section. |
30 | (2) (i) Officers may search, in accordance with the |
|
1 | provisions of this section, the person and property of |
2 | any offender who accepts ARD as a result of a charge of a |
3 | violation of 18 Pa.C.S. Ch. 31 (relating to sexual |
4 | offenses) if the court has determined that the offender |
5 | shall be subject to personal and property searches as a |
6 | condition of the offender's participation in the ARD |
7 | program. |
8 | (ii) The court shall notify each offender so offered |
9 | ARD, prior to admission to an ARD program, that the |
10 | offender shall be subject to searches in accordance with |
11 | this section. |
12 | (iii) Nothing in this section shall be construed to |
13 | permit searches or seizures in violation of the |
14 | Constitution of the United States or section 8 of Article |
15 | I of the Constitution of Pennsylvania. |
16 | (c) Effect of violation.--No violation of this section shall |
17 | constitute an independent ground for suppression of evidence in |
18 | any probation and parole or criminal proceeding. |
19 | (d) Grounds for personal search.-- |
20 | (1) A personal search of an offender may be conducted by |
21 | an officer: |
22 | (i) if there is a reasonable suspicion to believe |
23 | that the offender possesses contraband or other evidence |
24 | of violations of the conditions of supervision; |
25 | (ii) when an offender is transported or taken into |
26 | custody; or |
27 | (iii) upon an offender entering or leaving the |
28 | securing enclosure of a correctional institution, jail or |
29 | detention facility. |
30 | (2) A property search may be conducted by an officer if |
|
1 | there is reasonable suspicion to believe that the real or |
2 | other property in the possession of or under the control of |
3 | the offender contains contraband or other evidence of |
4 | violations of the conditions of supervision. |
5 | (3) Prior approval of a supervisor shall be obtained for |
6 | a property search absent exigent circumstances. No prior |
7 | approval shall be required for a personal search. |
8 | (4) A written report of every property search conducted |
9 | without prior approval shall be prepared by the officer who |
10 | conducted the search and filed in the offender's case record. |
11 | The exigent circumstances shall be stated in the report. |
12 | (5) The offender may be detained if he is present during |
13 | a property search. If the offender is not present during a |
14 | property search, the officer in charge of the search shall |
15 | make a reasonable effort to provide the offender with notice |
16 | of the search, including a list of the items seized, after |
17 | the search is completed. |
18 | (6) The existence of reasonable suspicion to search |
19 | shall be determined in accordance with constitutional search |
20 | and seizure provisions as applied by judicial decision. In |
21 | accordance with such case law, the following factors, where |
22 | applicable, may be taken into account: |
23 | (i) The observations of officers. |
24 | (ii) Information provided by others. |
25 | (iii) The activities of the offender. |
26 | (iv) Information provided by the offender. |
27 | (v) The experience of the officers with the |
28 | offender. |
29 | (vi) The experience of officers in similar |
30 | circumstances. |
|
1 | (vii) The prior criminal and supervisory history of |
2 | the offender. |
3 | (viii) The need to verify compliance with the |
4 | conditions of supervision. |
5 | (e) Nonresident offenders.--No officer shall conduct a |
6 | personal or property search of an offender who is residing in a |
7 | foreign state except for the limited purposes permitted under |
8 | the Interstate Compact for the Supervision of Parolees and |
9 | Probationers. The offender is held accountable to the rules of |
10 | both the sending state and the receiving state. Any personal or |
11 | property search of an offender residing in another state shall |
12 | be conducted by an officer of the receiving state. |
13 | (f) When authority is effective.--The authority granted to |
14 | the officers under this section shall be effective upon |
15 | enactment of this section, without the necessity of any further |
16 | regulation by the board. |
17 | § 9913. Peace officer power for probation officers. |
18 | An officer is declared to be a peace officer and shall have |
19 | police powers and authority throughout this Commonwealth to |
20 | arrest, with or without warrant, writ, rule or process, any |
21 | person on probation, intermediate punishment or parole under the |
22 | supervision of the court for failing to report as required by |
23 | the terms of that person's probation, intermediate punishment or |
24 | parole or for any other violation of that person's probation, |
25 | intermediate punishment or parole. |
26 | Section 7. The heading of Title 61 is amended and the title |
27 | is amended by adding parts to read: |
28 | TITLE 61 |
29 | [PENAL AND CORRECTIONAL INSTITUTIONS] |
30 | PRISONS AND PAROLE |
|
1 | PART I |
2 | GENERAL PROVISIONS |
3 | Chapter |
4 | 1. Preliminary Provisions |
5 | CHAPTER 1 |
6 | PRELIMINARY PROVISIONS |
7 | Sec. |
8 | 101. Short title of title. |
9 | 102. Definitions. |
10 | § 101. Short title of title. |
11 | This title shall be known and may be cited as the Prisons and |
12 | Parole Code. |
13 | § 102. Definitions. |
14 | The following words and phrases when used in this title shall |
15 | have the meanings given to them in this section unless the |
16 | context clearly indicates otherwise: |
17 | "Board." The Pennsylvania Board of Probation and Parole. |
18 | "Chief administrator." The warden, superintendent or other |
19 | officer in charge of a correctional institution. |
20 | "City department." The department of human services of a | <-- |
21 | city of the first class, or such other agency of a city of the |
22 | first class as shall be determined by a mayor of the city. |
23 | "Commission." The Pennsylvania Commission on Sentencing. |
24 | "Correctional institution." A State correctional institution |
25 | or a county correctional institution. |
26 | "Corrections officer." A person employed at a correctional |
27 | institution to provide any security or custodial service for |
28 | inmates. |
29 | "County correctional institution." A correctional facility, |
30 | prison or jail owned or operated by a county. |
|
1 | "Department." The Department of Corrections of the |
2 | Commonwealth. |
3 | "Inmate." A person committed to a term of imprisonment or |
4 | otherwise confined under the custody of the Commonwealth or a |
5 | county in a correctional institution in accordance with law. |
6 | "Secretary." The Secretary of Corrections of the |
7 | Commonwealth. |
8 | "State correctional institution." A correctional facility, |
9 | prison or jail owned or operated by the Commonwealth. |
10 | PART II |
11 | CORRECTIONAL INSTITUTIONS |
12 | Chapter |
13 | 11. General Administration |
14 | 13. (Reserved) |
15 | 15. (Reserved) |
16 | 17. County Correctional Institutions |
17 | CHAPTER 11 |
18 | GENERAL ADMINISTRATION |
19 | Subchapter |
20 | A. Penal Operations and Procedures |
21 | B. Inmate Transfers |
22 | C. Escaped Inmates |
23 | SUBCHAPTER A |
24 | PENAL OPERATIONS AND PROCEDURES |
25 | Sec. |
26 | 1101. Benefits to injured employees of State correctional |
27 | institutions. |
28 | 1102. Correctional facility for criminological diagnosis. |
29 | 1103. Recording system for identification of criminal |
30 | offenders. |
|
1 | § 1101. Benefits to injured employees of State correctional |
2 | institutions. |
3 | (a) General rule.--An employee of a State correctional |
4 | institution who is injured during the course of that employment |
5 | by an act of an inmate or by any person who has been committed |
6 | to the State correctional institution by any court of the |
7 | Commonwealth or by any provision of the act of July 9, 1976 |
8 | (P.L.817, No.143), known as the Mental Health Procedures Act, |
9 | shall be paid by the Commonwealth the employee's full salary |
10 | until the disability arising from the injury no longer prevents |
11 | the employee's return as an employee of the department at a |
12 | salary equal to that earned by the employee at the time of the |
13 | injury. |
14 | (b) Medical and hospital expenses.--All medical and hospital |
15 | expenses incurred in connection with an injury described in |
16 | subsection (a) shall be paid by the Commonwealth until the |
17 | disability arising from the injury no longer prevents the |
18 | employee's return as an employee of the department at a salary |
19 | equal to that earned by the employee at the time of the injury. |
20 | (c) Workers' compensation.--During the time salary for an |
21 | injury described in subsection (a) shall be paid by the |
22 | Commonwealth, any workers' compensation received or collected |
23 | for the period shall be turned over to the Commonwealth and paid |
24 | into the General Fund. If such payment is not made, the amount |
25 | due the Commonwealth shall be deducted from any salary then or |
26 | thereafter becoming due and owing to the employee. |
27 | (d) Survivor benefits.-- |
28 | (1) The surviving spouse and minor dependents of an |
29 | employee who dies within one year as a result of an injury |
30 | described in subsection (a) shall be paid benefits equal to |
|
1 | 50% of the full salary of the deceased employee. |
2 | (2) (i) When a surviving spouse and minor dependents |
3 | not in the custody of the surviving spouse are entitled |
4 | to payments, 50% of the payments shall be paid to the |
5 | surviving spouse and 50% to the dependents. |
6 | (ii) In every case, the amount payable to minor |
7 | dependents shall be divided equally among them and be |
8 | paid to the persons or institutions having custody of |
9 | them. |
10 | (3) (i) In the case of a surviving spouse or a |
11 | surviving spouse with minor dependents in the custody of |
12 | the surviving spouse, the benefits shall terminate when |
13 | the surviving spouse remarries. |
14 | (ii) In the case of minor dependents, except when in |
15 | the custody of a remarried surviving spouse, the benefits |
16 | shall terminate when all of the minor dependents become |
17 | 18 years of age. |
18 | (iii) Neither a surviving spouse nor minor |
19 | dependents shall receive any benefits under this section |
20 | while receiving benefits under the Social Security Act |
21 | (49 Stat. 620, 42 U.S.C. § 301 et seq.). |
22 | (4) The benefits provided under this subsection shall be |
23 | reduced by the amount of any workers' compensation benefits |
24 | received or collected by the surviving spouse or minor |
25 | dependents because of the same injury. |
26 | (5) Payments for the benefit of minor dependents shall |
27 | be made to the person having legal custody of them. |
28 | (e) Effect of injury on leave of absence.--No absence from |
29 | duty of any State employee to whom this section applies by |
30 | reason of any injury described in subsection (a) shall in any |
|
1 | manner be deducted from any period of leave allowed the employee |
2 | by law or by regulation. |
3 | § 1102. Correctional facility for criminological diagnosis. |
4 | (a) Establishment.--There is hereby established a |
5 | correctional facility for criminological diagnosis, |
6 | classification, social and psychological treatment and research, |
7 | medical treatment and staff training. |
8 | (b) Operation and management.--The department shall operate |
9 | and manage the correctional facility established under this |
10 | section, including staff training and the treatment, care, |
11 | maintenance, employment and rehabilitation of the inmates in |
12 | that facility. |
13 | § 1103. Recording system for identification of criminal |
14 | offenders. |
15 | (a) General rule.--The Pennsylvania State Police shall |
16 | continue to procure and file for record photographs, pictures, |
17 | descriptions, fingerprints and such other information pertaining |
18 | to all persons who have been convicted of a criminal offense |
19 | within this Commonwealth and also of all well-known and habitual |
20 | criminal offenders, wherever they may be procured. |
21 | (b) Cooperation from chief administrators.--Chief |
22 | administrators of correctional facilities shall furnish to the |
23 | Pennsylvania State Police, upon request, the fingerprints, |
24 | photographs and description of any inmate. |
25 | (c) Fingerprinting and photographing authorized.-- |
26 | (1) The Pennsylvania State Police, chief administrators |
27 | of correctional facilities and all police officers within the |
28 | several political subdivisions of this Commonwealth may take |
29 | or cause to be taken the fingerprints or photographs of any |
30 | person in custody, charged with the commission of a criminal |
|
1 | offense or reasonably believed to be a fugitive from justice |
2 | or a habitual criminal. This paragraph shall not apply to |
3 | persons charged with a violation of 75 Pa.C.S. (relating to |
4 | vehicles) which is punishable upon conviction in a summary |
5 | proceeding unless the person is reasonably believed to be a |
6 | fugitive from justice or a habitual criminal. |
7 | (2) The chiefs of law enforcement bureaus of all cities |
8 | within this Commonwealth shall furnish daily to the |
9 | Pennsylvania State Police copies of the fingerprints and, if |
10 | possible, photographs of any person arrested within their |
11 | jurisdiction charged with the commission of a criminal |
12 | offense classified as a felony of any degree or who is |
13 | reasonably believed to be a fugitive from justice or a |
14 | habitual criminal. Such fingerprints shall be taken on forms |
15 | furnished or approved by the Pennsylvania State Police. |
16 | (3) The Pennsylvania State Police, immediately upon the |
17 | receipt of records under this subsection, shall compare them |
18 | with those already in their files and, if they find that any |
19 | person arrested has a previous criminal record or is a |
20 | fugitive from justice, shall immediately inform the arresting |
21 | officer or the officer having the inmate in charge of that |
22 | fact. |
23 | (d) Cooperation outside this Commonwealth.--The Pennsylvania |
24 | State Police shall cooperate with agencies of other states and |
25 | of the United States having similar powers to develop and carry |
26 | on a complete international, national and interstate system of |
27 | criminal identification and investigation and also to furnish, |
28 | upon request, any information in its possession concerning any |
29 | person charged with a criminal offense to any court, district |
30 | attorney or police officer of this Commonwealth, another state |
|
1 | or the United States. |
2 | (e) District attorneys may employ experts.-- |
3 | (1) District attorneys may employ experts on |
4 | fingerprints to assist them in the investigation of pending |
5 | cases and to testify at the trial thereof. The compensation |
6 | of any such expert shall be fixed by the district attorney |
7 | employing the expert, with the approval of the court of |
8 | common pleas, and shall be paid from the county treasury upon |
9 | warrant of the county commissioners in the usual manner. |
10 | (2) The district attorney of any county, the chief |
11 | administrator of a county correctional institution, any |
12 | expert employed by the district attorney or any other person |
13 | designated by the district attorney may, upon the written |
14 | order of the district attorney, take the fingerprints of any |
15 | person confined in the county correctional institution for |
16 | use in the identification of the inmate or for the inmate's |
17 | trial. |
18 | (3) (i) The district attorneys of the several counties |
19 | shall keep and arrange files of the fingerprints, taken |
20 | under this section, of persons convicted of a criminal |
21 | offense and shall destroy the fingerprints of all persons |
22 | acquitted. |
23 | (ii) The files of fingerprints maintained by the |
24 | district attorneys shall be open to the inspection of any |
25 | other district attorney of this Commonwealth, or their |
26 | representatives, or of the Pennsylvania State Police or |
27 | any sheriff or law enforcement officer. |
28 | (f) Penalty.-- |
29 | (1) Neglect or refusal of any person mentioned in this |
30 | section to make the report required in this section, or to do |
|
1 | or perform any other act required to be done or performed in |
2 | connection with the operation of this section, shall |
3 | constitute a summary offense. |
4 | (2) Such neglect or refusal shall also constitute |
5 | malfeasance in office and subject such person to removal from |
6 | office. |
7 | (3) Any person who removes, destroys or mutilates any of |
8 | the records of the Pennsylvania State Police or of any |
9 | district attorney shall be guilty of a misdemeanor of the |
10 | third degree. |
11 | SUBCHAPTER B |
12 | INMATE TRANSFERS |
13 | Sec. |
14 | 1151. General transfer authorization. |
15 | 1152. Transfers to city department. | <-- |
16 | 1153. Expense of removing certain inmates. |
17 | 1154. Law enforcement use of county correctional institutions. |
18 | § 1151. General transfer authorization. |
19 | (a) Between State and county.--At the request of the chief |
20 | administrator of a county correctional institution, the |
21 | secretary or his designee may transfer inmates located in a |
22 | county correctional institution to the State correctional |
23 | institution system for such reasons and upon such terms and |
24 | conditions as the secretary may determine. The secretary or his |
25 | designee may transfer inmates in the State correctional |
26 | institution system to the jurisdiction of a county correctional |
27 | institution system upon such terms and conditions that the |
28 | secretary or his designee and the chief administrator of the |
29 | county correctional institution determine to be in the best |
30 | interests of the Commonwealth. |
|
1 | (b) Between counties.--An inmate located in a county |
2 | correctional institution may be transferred to another county |
3 | correctional institution upon such terms and conditions as the |
4 | counties may determine. |
5 | (c) Between Federal Government and the State or county.--The |
6 | department and county correctional institutions may contract |
7 | with the Federal Government for the housing of Federal inmates |
8 | in correctional facilities. |
9 | (d) Temporary transfers.--The following shall apply to |
10 | temporary transfers: |
11 | (1) The department shall temporarily transfer an inmate |
12 | confined in the State correctional system to a State |
13 | correctional institution determined by the department to be |
14 | of an appropriate security level that is nearest to the |
15 | location of the judicial proceeding. The department shall |
16 | have the discretion to select an alternative and reasonably |
17 | accessible State correctional institution if bed space |
18 | limitations in the nearest State correctional institution |
19 | prevent the temporary transfer to that institution. |
20 | (2) The department shall not be required to temporarily |
21 | transfer any inmate under this subsection unless all of the |
22 | following apply: |
23 | (i) A court order has been entered directing the |
24 | presence of the inmate at a judicial proceeding. |
25 | (ii) The court has found that the inmate's presence |
26 | is required at the judicial proceeding. |
27 | (iii) The Constitution of the United States or the |
28 | Constitution of Pennsylvania does not permit the inmate's |
29 | testimony or participation in the proceeding to be |
30 | conducted by videoconferencing technology. |
|
1 | (3) The department shall establish regulations for the |
2 | implementation of this subsection in accordance with all of |
3 | the following: |
4 | (i) The regulations may require up to 14 days' |
5 | notice prior to the entry of a temporary transfer order. |
6 | (ii) The regulations may require return of an inmate |
7 | to the inmate's home correctional institution upon |
8 | completion of the judicial proceeding. |
9 | (iii) The regulations may require that an inmate is |
10 | to be removed from the State correctional institution by |
11 | a government official authorized by the court directing |
12 | the presence of the inmate for a judicial preceding be |
13 | detained in the county prison if the inmate has been |
14 | temporarily transferred more than twice in the preceding |
15 | six months or the judicial proceeding is scheduled to |
16 | last more than one week. |
17 | (4) Pending implementation of the regulations required |
18 | under paragraph (3), the department shall publish interim |
19 | guidelines consistent with the provisions of paragraph (3). |
20 | The provisions of this section shall be in full force and |
21 | effect even if the department has not yet published interim |
22 | guidelines or implemented the regulations required under this |
23 | section. |
24 | (5) The department may presume that the judicial |
25 | proceedings have concluded when the inmate is returned to the |
26 | temporary correctional institution after a judicial |
27 | proceeding unless a court otherwise notifies the department |
28 | in the manner required by the department. |
29 | (6) The department may require a county to pay the |
30 | reasonable cost of transportation between State correctional |
|
1 | facilities if a court of that county has requested a |
2 | temporary transfer under this section. The county |
3 | reimbursements for transportation costs shall be |
4 | automatically reappropriated to the department. |
5 | (7) This section shall not be construed: |
6 | (i) To prohibit the use of alternative |
7 | transportation methods authorized by law. |
8 | (ii) To authorize a court to designate a particular |
9 | place of confinement or the length of confinement in the |
10 | temporary correctional institution. |
11 | § 1152. Transfers to city department. | <-- |
12 | (a) Cities of the first class.--Every person sentenced by |
13 | any court to a county correctional institution situate in a city |
14 | of the first class shall be committed to the custody of the city | <-- |
15 | department, where the city department has established a | <-- |
16 | correctional, diagnostic and classification service for persons |
17 | convicted of any crime. |
18 | (b) Duty of city department.-- | <-- |
19 | (1) Every person committed to the custody of the city | <-- |
20 | department under subsection (a) shall be confined, diagnosed |
21 | and classified by the city department. | <-- |
22 | (2) Upon the completion of the diagnosis and |
23 | classification, the person shall be placed in the county |
24 | correctional institution of the city determined to be most |
25 | appropriate for the service of sentence. |
26 | (3) In making the determination under paragraph (2), the |
27 | city department shall consider the problem of rehabilitation, | <-- |
28 | security, adequacy of facilities and such other factors as, |
29 | in its opinion, will serve to promote the rehabilitation of |
30 | inmates, consistent with the security and protection of the |
|
1 | county. |
2 | (c) Intradepartmental transfers.--The city department may | <-- |
3 | transfer between any correctional institutions under its control |
4 | or supervision an inmate confined and serving in any of those |
5 | institutions, whether the sentence is imposed before or after |
6 | the effective date of this section, if the transfer is, in the |
7 | opinion of the city department, consistent with the standards | <-- |
8 | for original placement set forth in subsection (b). |
9 | § 1153. Expense of removing certain inmates. |
10 | The expenses of conveying inmates from the several counties |
11 | of this Commonwealth to the State correctional institutions in |
12 | the Eastern Region and Western Region shall be paid by the |
13 | counties from which the inmates may be sent. |
14 | § 1154. Law enforcement use of county correctional |
15 | institutions. |
16 | (a) General rule.--Sheriffs, constables, members of the |
17 | Pennsylvania State Police and other persons authorized by the |
18 | laws of this Commonwealth to make arrests shall have the use, |
19 | for a period not to exceed 48 hours, of borough and township |
20 | lockups and county correctional institutions for the detention |
21 | of persons arrested until they can be disposed of according to |
22 | law, if found necessary by the officer in charge. |
23 | (b) Reimbursement.-- |
24 | (1) Boroughs, cities and townships are entitled to |
25 | receive compensation of not more than $2 per day of 24 hours, |
26 | for each prisoner detained under subsection (a), from the |
27 | treasury of the county having jurisdiction over the person |
28 | detained. |
29 | (2) This subsection does not apply to counties of the |
30 | second class. |
|
1 | SUBCHAPTER C |
2 | ESCAPED INMATES |
3 | Sec. |
4 | 1161. Return of escaped inmates. |
5 | 1162. Escaped inmate costs. |
6 | 1163. Maintenance of escaping inmates under new sentence. |
7 | 1164. Criminal offense during confinement. |
8 | § 1161. Return of escaped inmates. |
9 | (a) General rule.--In all cases where an inmate, after an |
10 | escape from a State correctional institution, is apprehended or |
11 | arrested by any officer having authority to make such arrest, |
12 | the officer shall notify the State correctional institution from |
13 | which the escape was made. The State correctional institution |
14 | shall notify the department or the Pennsylvania State Police, |
15 | which shall immediately send an officer or officers to return |
16 | the inmate to the State correctional institution. |
17 | (b) Expenses.--All necessary expenses incurred by the |
18 | officer or officers in returning an escaped inmate to the State |
19 | correctional institution shall be borne by the State |
20 | correctional institution from which the escape was made, which |
21 | expenses shall be refunded to the county correctional |
22 | institution or the Pennsylvania State Police whose officer or |
23 | agent makes the return. |
24 | § 1162. Escaped inmate costs. |
25 | (a) County jurisdiction.-- |
26 | (1) The cost of transporting an escaped inmate under the |
27 | jurisdiction of the county from the place of capture to any |
28 | county correctional institution after being sentenced for the |
29 | escape or for the commission of any crime or offense |
30 | following such escape and before apprehension, the cost of |
|
1 | maintenance while confined in the county correctional |
2 | institution awaiting trial, as well as the costs of the trial |
3 | for the violation by an inmate under the jurisdiction of the |
4 | county under 18 Pa.C.S. § 5121 (relating to escape), or of |
5 | the trial for crimes and offenses committed after the escape |
6 | and before apprehension or of the trial for crimes and |
7 | offenses committed on the grounds or within the buildings of |
8 | any county correctional institution, as well as the costs |
9 | incurred in any proceedings on writs of habeas corpus, coram |
10 | nobis or other petitions arising out of any escape or crime |
11 | or the trials therefor or in any appeals of any such |
12 | proceedings or trials shall in each instance be borne and |
13 | paid by the respective counties of the Commonwealth from |
14 | whose courts the inmates were originally committed to any |
15 | county correctional institution. |
16 | (2) The county liable for costs under this subsection |
17 | shall, upon bills rendered by the county paying the costs in |
18 | the first instance, pay to that county the amount of the |
19 | costs. |
20 | (b) State jurisdiction.--The cost of transporting escaped |
21 | inmates under the jurisdiction of the Commonwealth from the |
22 | place of capture to any State correctional institution after |
23 | being sentenced for the escape, or for the commission of any |
24 | criminal offense following the escape and before apprehension, |
25 | as well as the costs of the trial for escape or breaking away of |
26 | inmates from any State correctional institution or the violation |
27 | by the inmates under the jurisdiction of the Commonwealth under |
28 | 18 Pa.C.S. § 5121, or of the trial for crimes and offenses |
29 | committed after such escape and before apprehension or of the |
30 | trial for crimes and offenses committed on the grounds or within |
|
1 | the buildings of any State correctional institution, as well as |
2 | the costs incurred in any proceedings on writs of habeas corpus, |
3 | coram nobis or other petitions arising out of any escape or |
4 | criminal offense or the trials therefor, or in any appeals of |
5 | any such proceedings or trials, shall in each instance be borne |
6 | and paid by the Commonwealth. |
7 | (c) Definition.--As used in this section, the term "costs" |
8 | includes, but is not limited to, charges for court stenographer, |
9 | district attorney, witness fees, magisterial district judge, |
10 | clerk of court, public defender and court-appointed attorney. |
11 | § 1163. Maintenance of escaping inmates under new sentence. |
12 | (a) County jurisdiction.--In case of conviction and sentence |
13 | of an escaping inmate under the jurisdiction of the county, the |
14 | costs of maintenance of the inmates under such new sentence |
15 | shall be borne by the county from which the inmate was |
16 | originally committed. |
17 | (b) State jurisdiction.--In case of conviction and sentence |
18 | of an escaping inmate under the jurisdiction of the |
19 | Commonwealth, the costs of maintenance of the inmate under such |
20 | new sentence shall be borne by the Commonwealth. |
21 | (c) Additional police expenses.--Any additional police |
22 | expenses incurred by a political subdivision as a result of the |
23 | escape of an inmate under the jurisdiction of the Commonwealth |
24 | shall be borne by the Commonwealth. |
25 | § 1164. Criminal offense during confinement. |
26 | Where an inmate is in a State correctional institution either |
27 | because of the inmate's sentence pursuant to the inmate's |
28 | conviction or plea of guilty to a criminal charge or because of |
29 | a commitment issued by any court of the Commonwealth having |
30 | jurisdiction and, while so confined, the inmate commits a |
|
1 | criminal offense and is subsequently convicted or enters a plea |
2 | of guilty, the expenses of keeping the inmate in any State |
3 | correctional institution pursuant to such subsequent conviction |
4 | or plea of guilty shall be borne by the Commonwealth. |
5 | CHAPTER 13 |
6 | (RESERVED) |
7 | CHAPTER 15 |
8 | (RESERVED) |
9 | CHAPTER 17 |
10 | COUNTY CORRECTIONAL INSTITUTIONS |
11 | Subchapter |
12 | A. (Reserved) |
13 | B. County Jail Oversight Board in Counties of the Second |
14 | Class and Second Class A |
15 | C. Other Counties |
16 | D. Alternative Plan for Certain Counties |
17 | E. Penal Operations and Procedures |
18 | F. Joint Detention Centers |
19 | G. Joint Industrial Farms and Workhouses |
20 | SUBCHAPTER A |
21 | (RESERVED) |
22 | SUBCHAPTER B |
23 | COUNTY JAIL OVERSIGHT BOARD IN |
24 | COUNTIES OF THE SECOND CLASS |
25 | AND SECOND CLASS A |
26 | Sec. |
27 | 1721. Scope of subchapter. |
28 | 1722. Definitions. |
29 | 1723. County jail oversight board. |
30 | 1724. Powers and duties. |
|
1 | 1725. Rules and regulations. |
2 | 1726. Warden. |
3 | 1727. Board meetings. |
4 | 1728. Contracts and purchases. |
5 | § 1721. Scope of subchapter. |
6 | This subchapter relates to county jail oversight boards in |
7 | counties of the second class and counties of the second class A. |
8 | § 1722. Definitions. |
9 | The following words and phrases when used in this subchapter |
10 | shall have the meanings given to them in this section unless the |
11 | context clearly indicates otherwise: |
12 | "Board." The county jail oversight board of a county. |
13 | "County." A county of the second class or a county of the |
14 | second class A. |
15 | § 1723. County jail oversight board. |
16 | (a) Establishment.--There is hereby established in each |
17 | county a county jail oversight board which shall be named the |
18 | (Name of County) County Jail Oversight Board. The board shall be |
19 | a continuation of the county prison board originally established |
20 | under the former act of December 10, 1980 (P.L.1152, No.208), |
21 | known as the Second Class County Prison Board Act, and the |
22 | former Article XXX-A of the act of July 28, 1953 (P.L.723, No. |
23 | 230), known as the Second Class County Code. |
24 | (b) Composition.--The board shall be composed of: |
25 | (1) The county chief executive. |
26 | (2) Two judges of the court of common pleas, one of whom |
27 | shall be the president judge or his designee who shall be a |
28 | judge, and one judge appointed by the president judge. |
29 | (3) The county sheriff. |
30 | (4) The county controller. |
|
1 | (5) The president of county council or his designee. |
2 | (6) Three citizen members as provided in subsection (c). |
3 | (c) Qualifications of citizen members.--The citizen members |
4 | shall not be employees of the county or of the Commonwealth. |
5 | They shall serve for a term of three years and shall be |
6 | representative of the broad segments of the county's population |
7 | and shall include persons whose background and experience |
8 | indicate that they are qualified to act in the interest of the |
9 | public. The citizen members shall be appointed by the county |
10 | chief executive with the consent of county council. |
11 | § 1724. Powers and duties. |
12 | (a) General rule.--The board's administrative powers and |
13 | duties shall include the operation and maintenance of the prison |
14 | and all alternative housing facilities, the oversight of the |
15 | health and safekeeping of inmates and the confirmation of the |
16 | chief executive's selection of a warden. |
17 | (b) Living conditions.--The board shall ensure that the |
18 | living conditions within the prison and alternative housing |
19 | facilities are healthful and otherwise adequate. |
20 | (c) Unannounced inspections.--The board shall, at least |
21 | twice each year, conduct an unannounced inspection of the |
22 | prison's physical plant. During such inspections, the board |
23 | shall interview a cross section of inmates, out of the presence |
24 | of the warden and his agents, to determine the conditions within |
25 | the prison and alternative housing facilities. After each |
26 | inspection, the board shall prepare a written report setting |
27 | forth its findings and determinations which shall be available |
28 | for public inspection. |
29 | (d) Operations to be consistent with law.--The board shall |
30 | ensure that the prison is being operated in accordance with its |
|
1 | regulations and the laws and regulations of this Commonwealth |
2 | and of the United States. |
3 | (e) Investigations.--The board shall investigate allegations |
4 | of inadequate prison conditions and improper practices occurring |
5 | within the prison and may make such other investigations or |
6 | reviews of prison operation and maintenance. The books, papers |
7 | and records of the prison, including, but not limited to, the |
8 | papers and records of the warden and those relating to |
9 | individual inmates, shall at all times be available for |
10 | inspection by the board. |
11 | § 1725. Rules and regulations. |
12 | The board shall, in the manner provided by law, promulgate |
13 | such rules, regulations and forms it deems necessary for the |
14 | proper administration of the board and for the operation of the |
15 | prison and alternative housing facilities. |
16 | § 1726. Warden. |
17 | (a) Appointment.-- |
18 | (1) The chief executive shall appoint a warden subject |
19 | to confirmation by the board. The warden shall serve at the |
20 | pleasure of the chief executive, who shall fix an appropriate |
21 | salary. |
22 | (2) The warden shall be a resident of the county six |
23 | months after the date of appointment. |
24 | (b) Duty to employ staff.--Subject to approval of the |
25 | manager, the warden shall employ deputies, assistants and other |
26 | personnel required to adequately operate the prison and |
27 | alternative housing facilities. |
28 | (c) Duty to report.-- |
29 | (1) The warden shall submit an annual written report to |
30 | the board which shall contain information on the population, |
|
1 | conditions and practices in the prison and other matters as |
2 | specified by the board. The annual report shall be available |
3 | for public inspection. |
4 | (2) The warden shall report to the county chief |
5 | executive and to the board. |
6 | § 1727. Board meetings. |
7 | The board shall meet at least once each month and shall keep |
8 | regular minutes of its proceedings which shall be open to public |
9 | inspection. |
10 | § 1728. Contracts and purchases. |
11 | All contracts and purchases required for the maintenance and |
12 | support of the prisoners, repairs and improvements of the prison |
13 | and alternative housing facilities and materials and supplies |
14 | shall be conducted in accordance with the applicable provisions |
15 | of the county administrative code. |
16 | SUBCHAPTER C |
17 | OTHER COUNTIES |
18 | Sec. |
19 | 1731. Establishment. |
20 | 1732. Board meetings. |
21 | 1733. Appointment of warden and employees. |
22 | 1734. Powers of peace officers. |
23 | 1735. Expenditures. |
24 | 1736. Bonding requirement. |
25 | § 1731. Establishment. |
26 | (a) General rule.-- |
27 | (1) In counties of the third, fourth and fifth class, |
28 | the persons now holding the following offices and their |
29 | successors in each county of the third, fourth or fifth class |
30 | shall compose a board to be known as the board of inspectors |
|
1 | of the jail or county prison. |
2 | (2) The following persons shall be members of the board: |
3 | (i) The president judge of the court of common pleas |
4 | or a judge designated by him. |
5 | (ii) The district attorney. |
6 | (iii) The sheriff. |
7 | (iv) The controller. |
8 | (v) The county commissioners. |
9 | (3) The board and the officers appointed by it shall |
10 | provide for the safekeeping, discipline and employment of |
11 | inmates and the government and management of the correctional |
12 | institution. |
13 | (4) The duty of the sheriff relating to the safekeeping |
14 | of inmates shall cease and determine on their committal to |
15 | the correctional institution, and the sheriff may not be |
16 | furnished a residence in the correctional institution. |
17 | (5) Notwithstanding the provisions of paragraph (2), the |
18 | president judge may choose at any time to delete the judge |
19 | position from the board by so notifying the chairperson and |
20 | secretary of the board in writing. The decision to delete |
21 | this position shall remain in effect for as long as the |
22 | president judge making the decision shall remain as president |
23 | judge and thereafter until rescinded in like fashion by a |
24 | successor. |
25 | (b) Counties that may elect to be subject to subchapter.-- |
26 | Any county of the sixth, seventh or eighth class may elect by |
27 | resolution of the county commissioners to be governed by the |
28 | provisions of this subchapter. |
29 | § 1732. Board meetings. |
30 | (a) Quorum.--A majority of the members of the board shall |
|
1 | constitute a quorum for the transaction of business, and all |
2 | actions of the board shall be by the approval of a majority of |
3 | all the members of the board. |
4 | (b) Frequency and nature of meetings.-- |
5 | (1) The board shall meet monthly, or more often if |
6 | required, and keep regular minutes of their proceedings in a |
7 | book to be filed with the financial records of the county. |
8 | The board shall make such rules and regulations for the |
9 | government and management of the county correctional |
10 | institution and the safekeeping, discipline and employment of |
11 | the inmates, as may be deemed necessary. |
12 | (2) The meetings shall be held at the county |
13 | correctional institution no less often than quarterly. |
14 | § 1733. Appointment of warden and employees. |
15 | The board shall appoint a warden of the county correctional |
16 | institution. The warden, subject to the approval of the board, |
17 | may appoint such deputy or deputies, assistant or assistants or |
18 | corrections officers as may be required in the taking care of |
19 | the county correctional institution. The number and compensation |
20 | of such deputies, assistants or corrections officers shall be |
21 | fixed by the salary board. |
22 | § 1734. Powers of peace officers. |
23 | A chief administrator, deputy warden or corrections officer |
24 | of a county correctional institution may exercise the powers of |
25 | a peace officer in the performance of that person's duties |
26 | generally in: |
27 | (1) Guarding, protecting and delivering inmates. |
28 | (2) Protecting the property and interests of the county. |
29 | (3) Capturing and returning inmates that may have |
30 | escaped. |
|
1 | § 1735. Expenditures. |
2 | All the expenditures required for the support and maintenance |
3 | of inmates and the repairs and improvement of the county |
4 | correctional institution shall be paid from the county treasury |
5 | by warrants drawn, in the mode prescribed by law, on the regular |
6 | appropriation for the purpose. No warrant shall be certified by |
7 | the controller for any expense connected with the county |
8 | correctional institution unless on vouchers approved by a |
9 | majority of the board and endorsed by the president and |
10 | secretary of the board, and all contracts involving an |
11 | expenditure of funds from the county treasury shall be made in |
12 | accordance with the procedures set forth in Article XVIII of the |
13 | act of August 9, 1955 (P.L.323, No.130), known as The County |
14 | Code. |
15 | § 1736. Bonding requirement. |
16 | The chief administrator of a county correctional institution, |
17 | at the time of appointment, shall give bond, with good and |
18 | sufficient security to be fixed and approved by the board of |
19 | inspectors, for the faithful performance of the chief |
20 | administrator's duty and may at any time be removed by the board |
21 | for misconduct or inefficiency. All deputies, assistants or |
22 | corrections officers shall also give bond if required by the |
23 | board and may at any time be suspended by the chief |
24 | administrator or removed by the board. |
25 | SUBCHAPTER D |
26 | ALTERNATIVE PLAN FOR CERTAIN COUNTIES |
27 | Sec. |
28 | 1741. Sixth, seventh and eighth class counties. |
29 | 1742. Appointment of prison commissioners. |
30 | § 1741. Sixth, seventh and eighth class counties. |
|
1 | (a) Management by sheriff.--In a county of the sixth, |
2 | seventh and eighth class, the government, management and control |
3 | of the county prison and the safekeeping, care, maintenance, |
4 | discipline and employment of the inmates therein are vested in |
5 | the sheriff of the county and the officers and employees |
6 | appointed by the sheriff. |
7 | (b) Residence may be furnished.--The sheriff and the |
8 | sheriff's family may be furnished a residence in the county |
9 | prison. |
10 | (c) Staffing.--The sheriff shall, from time to time, with |
11 | approval of the county salary board, appoint as many corrections |
12 | officers and other employees of the county prison as the salary |
13 | board shall approve. The compensation of the corrections |
14 | officers and other employees shall be fixed by the county salary |
15 | board in the same manner as the compensation of other appointed |
16 | county officers and employees. |
17 | § 1742. Appointment of prison commissioners. |
18 | Whenever the appointment of prison commissioners in any |
19 | county having a population of more than 150,000 is by law lodged |
20 | in the judges of the court of common pleas, the appointments |
21 | shall, in all cases as nearly as possible, be equally divided |
22 | between the two political parties polling the highest number of |
23 | votes at the preceding general election. |
24 | SUBCHAPTER E |
25 | PENAL OPERATIONS AND PROCEDURES |
26 | Sec. |
27 | 1751. Costs of confinement. |
28 | 1752. Board of inspectors to regulate salaries of wardens and |
29 | other staff. |
30 | 1753. Residence of warden. |
|
1 | 1754. Bonds for county prison staff in fourth class counties. |
2 | 1755. Property exempt from taxation. |
3 | 1756. Loss of privileges. |
4 | 1757. Collection from certain inmates. |
5 | § 1751. Costs of confinement. |
6 | (a) Liability of cities.-- |
7 | (1) When an inmate is committed to any county |
8 | correctional institution in this Commonwealth, either for the |
9 | nonpayment of a fine or penalty imposed for the violation of |
10 | any city ordinance or while awaiting a hearing upon any |
11 | charge for the violation of any city ordinance, the costs of |
12 | proceedings and the expenses of maintaining the inmate during |
13 | his confinement by virtue of the commitment shall be borne |
14 | and paid by the city whose ordinance was alleged to have been |
15 | violated or to which any such fines or penalties are payable. |
16 | (2) The county in which the city is located shall not be |
17 | liable to the sheriff for any such maintenance or to any |
18 | officer, magistrate or person for any costs of such |
19 | proceedings. |
20 | (b) Nonapplicability.--This section does not apply to a city |
21 | of the third class. |
22 | § 1752. Board of inspectors to regulate salaries of wardens and |
23 | other staff. |
24 | (a) General rule.--The board of inspectors in any county |
25 | where such board exists shall, from time to time, fix and change |
26 | the salaries and compensation of the deputy wardens, corrections |
27 | officers and other persons employed in and about the county |
28 | prison. |
29 | (b) Nonapplicability.--This section shall not apply to |
30 | counties in which cities are coextensive with the counties. |
|
1 | § 1753. Residence of warden. |
2 | In any county where the government of the county prison is |
3 | vested in a prison board, the prison board may fix the place of |
4 | residence of the warden of the county prison either in the jail |
5 | or elsewhere. |
6 | § 1754. Bonds for county prison staff in fourth class counties. |
7 | In any county of the fourth class in which there is a board |
8 | of inspectors, the board shall pay out of the public moneys |
9 | under its jurisdiction the premiums on all bonds of employees |
10 | appointed by the board who are required to furnish bond. |
11 | § 1755. Property exempt from taxation. |
12 | All the property, real and personal, authorized to be held |
13 | under the former act of June 26, 1895 (P.L.377, No.269), |
14 | entitled "An act authorizing the erection of work-houses in the |
15 | several counties of this Commonwealth," shall be exempt from |
16 | taxation and from levy and sale by virtue of execution or any |
17 | other process. |
18 | § 1756. Loss of privileges. |
19 | A chief administrator of a county correctional institution |
20 | may refuse to permit a prisoner to exercise the prisoner's |
21 | privilege to leave the county correctional institution for a |
22 | period of not more than five days for any breach of discipline |
23 | or other violation of regulations of the county correctional |
24 | institution. |
25 | § 1757. Collection from certain inmates. |
26 | The governing body of a county correctional institution, or |
27 | where applicable, the county commissioners, may, by resolution |
28 | which shall establish rates and qualifications, authorize the |
29 | chief administrator to collect a reasonable amount from inmates |
30 | incarcerated only on weekends or other short periods each week. |
|
1 | SUBCHAPTER F |
2 | JOINT DETENTION CENTERS |
3 | Sec. |
4 | 1761. Establishment by adjoining counties. |
5 | 1762. Selection of site. |
6 | 1763. Buildings. |
7 | 1764. Construction contracts. |
8 | 1765. Advisory board. |
9 | 1766. Meetings. |
10 | 1767. Chief administrator and employees. |
11 | 1768. Rules and regulations. |
12 | 1769. Initial transfer of inmates. |
13 | 1770. Employment of inmates. |
14 | 1771. Cost of transporting inmates. |
15 | 1772. Financial reporting. |
16 | 1773. Allocation of expenses to counties. |
17 | 1774. County appropriations. |
18 | 1775. Exemption from taxation. |
19 | § 1761. Establishment by adjoining counties. |
20 | (a) Authority.--The county commissioners of any two or more |
21 | adjoining counties may join in establishing, according to a |
22 | plan, detention facilities for the confinement of persons |
23 | awaiting trial or sentence on criminal charges, convicted on |
24 | criminal charges or not otherwise eligible for confinement in |
25 | other county correctional institutions. |
26 | (b) Preapproval of plan by department.--Before establishing |
27 | detention facilities, the counties shall submit their plan to |
28 | the department for approval. The department may require, as a |
29 | condition to approving any plan, that two or more adjoining |
30 | counties join with another adjoining county to establish |
|
1 | detention facilities. |
2 | § 1762. Selection of site. |
3 | Whenever the commissioners of any two or more adjoining |
4 | counties decide and agree to construct a joint detention |
5 | facility, they shall acquire a suitable site for the facility. |
6 | The site may be selected from suitable lands already held by any |
7 | county of the district for county purposes from lands donated |
8 | for such purposes or any quantity of land within the respective |
9 | districts. In the selection of a site, there shall be taken into |
10 | consideration the objects and purposes of the joint detention |
11 | center. Title to the land shall be approved by the county |
12 | solicitor of the county in which the land is located, or such |
13 | other title guarantee corporation or attorney as may be |
14 | designated by the commissioners of the counties, and shall be |
15 | taken in the name of the county or counties comprising the |
16 | district. The site, before purchase, shall be approved by the |
17 | department. |
18 | § 1763. Buildings. |
19 | After the selection and acquisition of sites, the county |
20 | commissioners of the counties may erect and construct suitable |
21 | and necessary buildings thereon, repair any buildings already |
22 | erected and equip the sites for use and occupancy. |
23 | § 1764. Construction contracts. |
24 | Joint detention facilities shall be constructed by contract |
25 | or contracts let by the county commissioners of the counties to |
26 | the lowest responsible and best bidder after due advertisement |
27 | in at least one newspaper, published in each of the counties |
28 | joining in the erection of the joint detention facilities, once |
29 | a week for two consecutive weeks. When so constructed, the joint |
30 | detention facilities shall be equipped by the county |
|
1 | commissioners of the counties at the cost of the counties in the |
2 | same manner as other county buildings are equipped. |
3 | § 1765. Advisory board. |
4 | After joint detention facilities have been erected and |
5 | equipped and are ready for occupancy, the president judges of |
6 | the courts of common pleas of the counties joining in the |
7 | construction of the joint detention facilities shall appoint an |
8 | advisory board to consist of three persons from each of the |
9 | counties. The president judge of each of the counties shall |
10 | appoint one member of the board to serve for one year, one to |
11 | serve for two years and one to serve for three years or until |
12 | their successors are appointed and qualified. All appointments |
13 | at the expiration of any term shall be for a term of three |
14 | years. |
15 | § 1766. Meetings. |
16 | (a) General rule.--The advisory board shall meet at such |
17 | times as it deems necessary. The board shall visit and inspect |
18 | and keep in close touch with the management and operation of the |
19 | joint detention facilities and shall, from time to time, make |
20 | such recommendations and suggestions to the county commissioners |
21 | for changes or improvements in the management and operations of |
22 | the joint detention facilities as may be deemed advisable. It |
23 | shall also make an annual report to the county commissioners |
24 | concerning the management and operation of the joint detention |
25 | facilities. |
26 | (b) Administrative support.--The county commissioners shall, |
27 | at the expense of the counties, provide a meeting place for the |
28 | board and furnish all supplies and materials necessary to carry |
29 | on its work. |
30 | (c) Reimbursement of expenses.--The members of the board |
|
1 | shall not receive any compensation for their services, but shall |
2 | be reimbursed for all actual and necessary expenses incurred in |
3 | the discharge of their duties, which expenses shall be paid by |
4 | the counties as part of the cost of maintenance of the joint |
5 | detention facilities. |
6 | § 1767. Chief administrator and employees. |
7 | The county commissioners of the counties may, after |
8 | consultation with the advisory board, employ a chief |
9 | administrator and such other employees as may be necessary to |
10 | conduct and manage properly the joint detention facilities and |
11 | shall fix their compensation. The duties of those officers shall |
12 | be prescribed by the rules and regulations of the joint |
13 | detention facilities. They shall hold their offices, |
14 | respectively, at the pleasure of and their compensation shall be |
15 | fixed by the appointing power. |
16 | § 1768. Rules and regulations. |
17 | The county commissioners of the counties shall, before any |
18 | inmate may be admitted to the joint detention facilities, after |
19 | consulting with the advisory board, make general rules and |
20 | regulations for the management of the joint detention |
21 | facilities, which rules and regulations shall be effective after |
22 | they are approved by the department. |
23 | § 1769. Initial transfer of inmates. |
24 | When, in any district formed by counties under this |
25 | subchapter, the arrangements are complete for the reception of |
26 | inmates, transfer of all persons who are subject to confinement |
27 | as provided in this subchapter shall be made to the joint |
28 | detention facilities of the district. |
29 | § 1770. Employment of inmates. |
30 | An inmate of a joint detention facility under the provisions |
|
1 | of this subchapter, unless disqualified by sickness or |
2 | otherwise, shall be kept at some useful employment as may be |
3 | suited to the inmate's age and capacity and as may tend to |
4 | promote the best interest of the inmate. If an inmate refuses to |
5 | perform the work assigned to the inmate or is guilty of other |
6 | acts of insubordination, the chief administrator shall punish |
7 | the inmate in such manner as the rules and regulations provided |
8 | for may prescribe. The chief administrator shall keep a record |
9 | of and report to the advisory board all such offenses and |
10 | punishments. |
11 | § 1771. Cost of transporting inmates. |
12 | The cost of transporting inmates committed to the joint |
13 | detention facilities shall be paid by the counties, |
14 | respectively, from which the inmates are committed. The sheriff |
15 | of the county for inmates committed by the court and constables |
16 | for inmates committed by magisterial district judges shall |
17 | receive for the inmates committed to the joint detention |
18 | facilities no mileage or travel expenses on writs, except the |
19 | actual cost of transporting the inmates to the joint detention |
20 | facilities, together with any other fees for their services |
21 | allowed by law. |
22 | § 1772. Financial reporting. |
23 | A detailed statement of the receipt and expenditures by any |
24 | county constituting a part of the district for joint detention |
25 | facilities erected under the provisions of this subchapter shall |
26 | be published by the county commissioners of each county or by |
27 | the controller in the county. Where the report is published by |
28 | the controller, it shall be included in the annual statement of |
29 | the fiscal affairs of such county. |
30 | § 1773. Allocation of expenses to counties. |
|
1 | (a) General rule.--The original cost of the site and |
2 | buildings of the joint detention facilities and the equipment |
3 | thereof, all additions thereto and all fixed overhead charges in |
4 | conducting the joint detention facilities shall be paid by the |
5 | counties constituting the districts in the ratio of their |
6 | population according to the last preceding United States census. |
7 | (b) Inmate expense.-- |
8 | (1) The cost of the care and maintenance of the inmates |
9 | in the districts shall be certified monthly to the counties |
10 | from which inmates have been committed. The cost shall be |
11 | paid by the counties in proportion to the number of inmates |
12 | committed from each county. |
13 | (2) All payments shall be on warrants of the county |
14 | commissioners, countersigned by the county controller in |
15 | counties where that office exists. |
16 | § 1774. County appropriations. |
17 | The county commissioners of each county joining in |
18 | establishing detention facilities as provided for in this |
19 | subchapter may make appropriations or incur or increase the |
20 | indebtedness of the county, in the manner provided by law, to an |
21 | amount sufficient to pay its proportionate part of the cost of |
22 | acquiring a site and of erecting, constructing and equipping the |
23 | joint detention facilities by issuing coupon bonds at a rate of |
24 | interest not exceeding 7% and payable within 30 years from the |
25 | date of issue. The county commissioners of the county shall levy |
26 | an annual tax in an amount necessary to pay interest and sinking |
27 | fund charges upon such bonds. |
28 | § 1775. Exemption from taxation. |
29 | All the property, real and personal, authorized to be held by |
30 | counties under this subchapter shall be exempt from taxation. |
|
1 | SUBCHAPTER G |
2 | JOINT INDUSTRIAL FARMS AND WORKHOUSES |
3 | Sec. |
4 | 1781. Establishment by counties. |
5 | 1782. Selection of site. |
6 | 1783. Buildings. |
7 | 1784. Construction contracts. |
8 | 1785. Advisory board. |
9 | 1786. Meetings. |
10 | 1787. Chief administrator and employees. |
11 | 1788. Rules and regulations. |
12 | 1789. Initial transfer of inmates. |
13 | 1790. Employment of inmates. |
14 | 1791. Cost of transporting inmates. |
15 | 1792. Nature of inmate employment. |
16 | 1793. Sale of goods and materials. |
17 | 1794. Financial reporting. |
18 | 1795. Allocation of expenses to counties. |
19 | 1796. Borrowing authorized. |
20 | 1797. Exemption from taxation. |
21 | 1798. Nonapplicability. |
22 | § 1781. Establishment by counties. |
23 | The county commissioners of any two or more counties may join |
24 | in establishing a joint industrial farm and workhouse for the |
25 | confinement of: |
26 | (1) Persons sentenced by the courts of those counties, |
27 | after conviction, of any misdemeanor or felony, except |
28 | murder, voluntary manslaughter, rape and arson. |
29 | (2) Persons who are in default of payment of any fine or |
30 | penalty, or for nonpayment of costs, or for default in |
|
1 | complying with any order of court entered in any prosecution |
2 | for desertion or nonsupport, or for the violation of any |
3 | municipal ordinance. |
4 | § 1782. Selection of site. |
5 | Whenever the commissioners of any two or more counties decide |
6 | and agree to construct a joint industrial farm and workhouse, |
7 | they shall acquire a suitable site for the same. The site may be |
8 | selected from suitable lands already held by any county of the |
9 | district for county purposes, from lands donated for such |
10 | purposes or from any quantity of land within the respective |
11 | districts. In the selection of a site, there shall be taken into |
12 | consideration the objects and purposes of the joint industrial |
13 | farm and workhouse and all or as many as practicable of the |
14 | advantages and resources set forth in this section. The land |
15 | selected and purchased shall be a varied topography, with |
16 | natural resources and advantages for many forms of husbandry, |
17 | fruit growing and stock raising, for brickmaking and for the |
18 | preparation of all other road and paving material and shall have |
19 | good railroad, drainage, sewage and water facilities. Title to |
20 | the land shall be approved by the county solicitor of the county |
21 | in which the land is located or such other title guarantee |
22 | corporation or attorney as may be designated by the |
23 | commissioners of the counties and shall be taken in the name of |
24 | the county or counties comprising the district. |
25 | § 1783. Buildings. |
26 | After the selection and acquisition of the sites, the county |
27 | commissioners of the counties may erect and construct suitable |
28 | and necessary buildings thereon, repair any buildings already |
29 | erected and equip the buildings for use and occupancy. All |
30 | buildings constructed in pursuance of this subchapter shall be |
|
1 | plain and inexpensive in character. The labor in constructing |
2 | such buildings and improvements and facilities shall be supplied |
3 | by the persons committed to county correctional institutions in |
4 | the counties or transferred thereto from any county correctional |
5 | institution, so far as found practicable. |
6 | § 1784. Construction contracts. |
7 | Joint industrial farm and workhouse buildings shall be |
8 | constructed by contract or contracts let by the county |
9 | commissioners of the counties to the lowest responsible and best |
10 | bidder, after due advertisement in at least one newspaper, |
11 | published in each of the counties joining in the erection of the |
12 | joint industrial farm and workhouse, once a week for four |
13 | consecutive weeks. When so constructed, the joint industrial |
14 | farm and workhouse buildings shall be equipped by the county |
15 | commissioners of the counties at the cost of the counties in the |
16 | same manner as other county buildings are equipped. |
17 | § 1785. Advisory board. |
18 | After a joint industrial farm and workhouse has been erected |
19 | and equipped and is ready for occupancy, the president judges of |
20 | the courts of common pleas of the counties joining in the |
21 | construction of the joint industrial farm and workhouse shall |
22 | appoint an advisory board to consist of three persons from each |
23 | of the counties. The president judge of each of the counties |
24 | shall appoint one member of the board to serve for one year, one |
25 | to serve for two years and one to serve for three years or until |
26 | their successors are appointed and qualified. All appointments |
27 | at the expiration of any term shall be for a term of three |
28 | years. |
29 | § 1786. Meetings. |
30 | (a) General rule.--The advisory board shall meet monthly and |
|
1 | at such other times as may be deemed necessary. The board shall |
2 | visit and inspect and keep in close touch with the management |
3 | and operation of the joint industrial farm and workhouse and |
4 | shall, from time to time, make such recommendations and |
5 | suggestions to the county commissioners for changes or |
6 | improvements in the management and operations of the joint |
7 | industrial farm and workhouse as may be deemed advisable. It |
8 | shall also make an annual report to the county commissioners |
9 | concerning the management and operation of the industrial farm |
10 | and workhouse. |
11 | (b) Administrative support.--The county commissioners shall, |
12 | at the expense of the counties, provide a meeting place for the |
13 | board and furnish all supplies and materials necessary to carry |
14 | on its work. |
15 | (c) Reimbursement of expenses.--The members of the board |
16 | shall not receive any compensation for their services, but shall |
17 | be allowed all actual and necessary expenses incurred in the |
18 | discharge of their duties, which shall be paid by the counties |
19 | as part of the cost of maintenance of the joint industrial farm |
20 | and workhouse. |
21 | § 1787. Chief administrator and employees. |
22 | The county commissioners of the counties may, after |
23 | consultation with the advisory board, employ a chief |
24 | administrator and such other employees as may be necessary to |
25 | conduct and manage properly the joint industrial farm and |
26 | workhouse and shall fix their compensation. The duties of those |
27 | officers shall be prescribed by the rules and regulations of the |
28 | joint industrial farm and workhouse. |
29 | § 1788. Rules and regulations. |
30 | The county commissioners of the counties shall, before any |
|
1 | inmate may be admitted to the joint industrial farm and |
2 | workhouse, after consulting with the advisory board, make |
3 | general rules and regulations for the management of the joint |
4 | industrial farm and workhouse. |
5 | § 1789. Initial transfer of inmates. |
6 | (a) General rule.--When, in any district formed by the |
7 | counties, the arrangements are complete for the reception of |
8 | inmates, transfer shall be made from the county correctional |
9 | institutions to the joint industrial farm and workhouse of the |
10 | district of all persons: |
11 | (1) Who have been sentenced to any of the county |
12 | correctional institutions for any misdemeanor or felony |
13 | except murder, voluntary manslaughter, rape and arson. |
14 | (2) Who have been committed to any of the county |
15 | correctional institutions in default of payment of any fine |
16 | or penalty, or for nonpayment of costs or for default in |
17 | complying with any order of court entered in any prosecution |
18 | for desertion or nonsupport. |
19 | (3) Legally confined in any of the county correctional |
20 | institutions, except those that are confined awaiting trial |
21 | or held as material witnesses. |
22 | (b) Persons eligible to become inmates.-- |
23 | (1) When any person is convicted in any court in any |
24 | county of any offense classified as a misdemeanor or felony |
25 | except murder, voluntary manslaughter, rape and arson, the |
26 | punishment of which is or may be imprisonment in any county |
27 | correctional institution for a period of ten days or more, |
28 | the court may sentence such person to a joint industrial farm |
29 | and workhouse of the Commonwealth. |
30 | (2) Courts of record and courts not of record of any |
|
1 | county in this Commonwealth may commit to the joint |
2 | industrial farm and workhouse all persons who might be |
3 | lawfully committed to the county correctional institution on |
4 | charges of vagrancy, drunkenness or disorderly conduct, for |
5 | default or nonpayment of any costs, fine or penalty, for |
6 | default in complying with any order of court entered in any |
7 | prosecution for desertion or nonsupport or for violations of |
8 | municipal ordinances, where, in any such case, the commitment |
9 | will be for a period of ten days or more. |
10 | (c) Existing county correctional institutions.--The existing |
11 | county correctional institutions may be retained to confine |
12 | persons awaiting trial, held as material witnesses or sentenced |
13 | for a period of less than ten days, and such number of other |
14 | convicted persons as may be required to perform the necessary |
15 | institutional maintenance work. |
16 | (d) Clothing and treatment.--All inmates shall be clothed |
17 | and treated as provided for in this subchapter and in the rules |
18 | and regulations of the joint industrial farm and workhouse. |
19 | § 1790. Employment of inmates. |
20 | (a) General rule.--An inmate committed to a joint industrial |
21 | farm and workhouse under the provisions of this subchapter, |
22 | unless disqualified by sickness or otherwise, shall be kept at |
23 | some useful employment as may be suited to the inmate's age and |
24 | capacity and as may be most profitable to the joint industrial |
25 | farm and workhouse and tend to promote the best interest of the |
26 | inmate. If an inmate refuses to perform the work assigned to the |
27 | inmate or is guilty of other acts of insubordination, the chief |
28 | administrator shall punish the inmate in such manner as the |
29 | rules and regulations provided for may prescribe. The chief |
30 | administrator shall keep a record of and report to the advisory |
|
1 | board all such offenses and punishments. |
2 | (b) Pay schedule and inmate accounts.--All inmates shall |
3 | receive compensation for their work. |
4 | (1) Those inmates employed on institutional maintenance |
5 | and nonproductive labor shall receive not more than 20¢ per |
6 | day and not less than 10¢ per day. |
7 | (2) Those inmates employed on productive work shall |
8 | receive not more than 50¢ per day and not less than 20¢ per |
9 | day. |
10 | (3) The earnings of an inmate shall be credited to the |
11 | inmate's account, and disbursements made on approval of the |
12 | chief administrator of the institution and the written order |
13 | of the inmate, except when an inmate is committed for |
14 | nonsupport, the court which sentenced the prisoner shall |
15 | order payment of the earnings. At time of release or |
16 | discharge, the inmate shall receive all moneys remaining in |
17 | the inmate's account and give receipt for the same. |
18 | § 1791. Cost of transporting inmates. |
19 | (a) General rule.--The cost of transporting inmates |
20 | committed to the joint industrial farms and workhouses shall be |
21 | paid by the counties, respectively, from which the inmates are |
22 | committed. The sheriff of the county for inmates committed by |
23 | the court and constables for inmates committed by magisterial |
24 | district judges shall receive for the inmates committed to the |
25 | joint industrial farm and workhouse no mileage or travel |
26 | expenses on writs, except the actual cost of transporting the |
27 | inmates so committed to the joint industrial farm and workhouse, |
28 | together with any other fees for their services allowed by law. |
29 | (b) Railroad ticket upon discharge.--When an inmate is |
30 | discharged from a joint industrial farm and workhouse, the chief |
|
1 | administrator thereof shall procure for the inmate a railroad |
2 | ticket to any point to which the inmate may desire to go, not |
3 | farther from the joint industrial farm and workhouse than the |
4 | point from which the inmate was sentenced. |
5 | § 1792. Nature of inmate employment. |
6 | A joint industrial farm and workhouse shall employ the |
7 | inmates committed or transferred thereto in work on or about the |
8 | buildings and farm and in growing produce, raising stock, etc., |
9 | for supplies for its own use, the use of the several city and |
10 | county or county correctional institutions in the district, any |
11 | political division thereof or any public or charitable |
12 | institution owned or managed and directed by the counties |
13 | constituting the district or any political division thereof. |
14 | Inmates may also be employed in the preparation of road |
15 | material, in making brick, tile and concrete or other road |
16 | building material and in the manufacture of other products and |
17 | materials as may be found practicable for the use of any of the |
18 | counties constituting the district and for the proper and |
19 | healthful employment of the inmates. |
20 | § 1793. Sale of goods and materials. |
21 | All road material, brick, tile, concrete and other goods and |
22 | materials prepared or made at a joint industrial farm and |
23 | workhouse that are not needed for the purposes of the joint |
24 | industrial farm and workhouse shall be offered for sale at a |
25 | price to be fixed by the commissioners of the district. In |
26 | offering such material for sale, preference shall be given to |
27 | the counties forming the district of the joint industrial farm |
28 | and workhouse and to the cities, boroughs and townships in the |
29 | joint district. All moneys so received shall be applied toward |
30 | paying the overhead expenses of the joint industrial farm and |
|
1 | workhouse. |
2 | § 1794. Financial reporting. |
3 | A detailed statement of the receipts and expenditures by any |
4 | county constituting a part of the district for a joint |
5 | industrial farm and workhouse erected under the provisions of |
6 | this subchapter shall be published by the county commissioners |
7 | of each county or by the controller in the county. Where the |
8 | report is published by the controller, it shall be included in |
9 | the annual statement of the fiscal affairs of the county. |
10 | § 1795. Allocation of expenses to counties. |
11 | (a) General rule.--The original cost of the site and |
12 | buildings of the joint industrial farm and workhouse, the |
13 | equipment thereof, all additions thereto and all fixed overhead |
14 | charges in conducting the joint industrial farm and workhouse |
15 | shall be paid by the counties constituting the districts in the |
16 | ratio of their population according to the last preceding United |
17 | States census. |
18 | (b) Inmate expense.--The cost of the care and maintenance of |
19 | the inmates shall be certified monthly to the counties from |
20 | which inmates have been committed. The cost shall be paid by the |
21 | counties in proportion to the number of inmates committed from |
22 | each county. All payments shall be on warrants of the county |
23 | commissioners, countersigned by the county controller in |
24 | counties where a county controller exists. |
25 | § 1796. Borrowing authorized. |
26 | The county commissioners of each county joining in |
27 | establishing a joint industrial farm and workhouse, as provided |
28 | for in this subchapter, may incur or increase the indebtedness |
29 | of the county, in the manner provided by law, to an amount |
30 | sufficient to pay its proportionate part of the cost of |
|
1 | acquiring a site and of erecting, constructing and equipping the |
2 | joint industrial farm and workhouse by issuing coupon bonds at a |
3 | rate of interest not exceeding 6% and payable within 30 years |
4 | from the date of issue. The county commissioners of the county |
5 | shall levy an annual tax in an amount necessary to pay interest |
6 | and sinking fund charges upon the bonds. |
7 | § 1797. Exemption from taxation. |
8 | All the property, real and personal, authorized to be held |
9 | under this subchapter shall be exempt from taxation. |
10 | § 1798. Nonapplicability. |
11 | This subchapter does not apply to cities and counties of the |
12 | first class. |
13 | PART III |
14 | INMATE CONFINEMENT |
15 | Chapter |
16 | 31. Inmate Labor |
17 | 33. Medical Services |
18 | 35. Visitation |
19 | 37. Inmate Prerelease Plans |
20 | 39. Motivational Boot Camp |
21 | 41. State Intermediate Punishment |
22 | 43. Execution Procedure and Method |
23 | 59. Miscellaneous Provisions |
24 | CHAPTER 31 |
25 | INMATE LABOR |
26 | Sec. |
27 | 3101. Inmates to be employed. |
28 | 3102. Disposition of proceeds of labor. |
29 | 3103. Agricultural labor at county correctional institutions. |
30 | 3104. Inmate labor in county correctional institutions. |
|
1 | 3105. Inmate labor in counties of the first class. |
2 | 3106. Inmate-made goods to be branded. |
3 | 3107. Sale of inmate-made goods. |
4 | § 3101. Inmates to be employed. |
5 | The chief administrators may employ the inmates under their |
6 | control for and on behalf of the Commonwealth and the inmates |
7 | for and on behalf of their respective counties. |
8 | § 3102. Disposition of proceeds of labor. |
9 | All moneys received under the provisions of this chapter for |
10 | labor done within county correctional institutions or the |
11 | products of such labor sold shall be credited on account of the |
12 | receipts and expenditures paid to and for the maintenance of the |
13 | respective correctional institutions. |
14 | § 3103. Agricultural labor at county correctional institutions. |
15 | (a) General rule.--The chief administrator of a county |
16 | correctional institution shall permit the employment of such |
17 | inmates serving sentences therein, as they shall deem advisable, |
18 | at agricultural labor on any county farm of the county under the |
19 | direction of any person appointed by the chief administrator, |
20 | and all inmates so employed shall at all times be amenable to |
21 | restraint, discipline and punishment in the same manner as if |
22 | they were confined in the county correctional institution. |
23 | (b) Liability.--No person appointed by a chief administrator |
24 | of a county correctional institution or his sureties shall be |
25 | held liable on any bond conditioned for the safekeeping of |
26 | persons given into that person's care, in case any inmate so |
27 | employed shall escape, if due care and diligence has been |
28 | exercised in the discharge of the duties imposed on that person. |
29 | § 3104. Inmate labor in county correctional institutions. |
30 | (a) General rule.--An inmate of a county correctional |
|
1 | institution who is physically capable may be employed at labor |
2 | for not more than eight hours each day, other than Sundays and |
3 | public holidays. The employment may be in such character of work |
4 | and the production of such goods as may now be manufactured and |
5 | produced in county correctional institutions and may also be |
6 | for: |
7 | (1) the manufacture and production of supplies for the |
8 | county correctional institutions; |
9 | (2) the preparation and manufacture of building material |
10 | for the construction or repair of the county correctional |
11 | institution; |
12 | (3) the manufacture and production of crushed stone, |
13 | brick, tile and culvert pipe or other material suitable for |
14 | draining roads; or |
15 | (4) the preparation of road building and ballasting |
16 | material. |
17 | (b) Authority to county commissioners.--The county |
18 | commissioners or chief administrator of the county correctional |
19 | institution shall: |
20 | (1) determine the amount, kind and character of the |
21 | machinery to be erected and the industries to be carried on |
22 | in the county correctional institution; |
23 | (2) arrange for the purchase and installation of such |
24 | machinery at the expense of the county; and |
25 | (3) provide for the sale of articles and material |
26 | produced. |
27 | (c) Funding.--The county commissioners shall make available |
28 | the necessary funds to carry out the provisions of this section. |
29 | (d) Inmate accounts.-- |
30 | (1) The authorities in charge of a county correctional |
|
1 | institution shall fix the wages of each inmate to be employed |
2 | and shall keep an account of all such wages and the amount |
3 | due each inmate. |
4 | (2) Three-fourths of the amount credited to each inmate, |
5 | or the entire amount if the inmate so elects, shall |
6 | constitute a fund for the relief of any person or persons |
7 | dependent upon the inmate and shall be paid to such persons, |
8 | establishing dependency to the satisfaction of the |
9 | authorities, at such times as they may prescribe. |
10 | (3) In case an inmate has no person dependent upon him, |
11 | the inmate's wages shall be deposited for his benefit and |
12 | shall be paid to him as follows: |
13 | (i) one-third at the time of his discharge; |
14 | (ii) one-third, three months thereafter; and |
15 | (iii) one-third, six months thereafter. |
16 | (e) Special administrative fund.-- |
17 | (1) The authorities in charge of a county correctional |
18 | institution may establish a fund for the purpose of carrying |
19 | out this section and may provide for the purchase of |
20 | machinery and materials and payment of wages from such fund. |
21 | (2) All revenues received from the sale of articles |
22 | produced shall be paid into the fund. |
23 | (f) Nonapplicability.--This section shall not apply to a |
24 | county of the first class. |
25 | § 3105. Inmate labor in counties of the first class. |
26 | (a) General rule.--The board of inspectors of a county |
27 | correctional institution of a county of the first class may |
28 | establish, from time to time, a scale of wages that shall not be |
29 | less than ten cents per day, and may pay, and the inmates may |
30 | receive compensation for their work according to such scale. |
|
1 | (b) Inmate account.-- |
2 | (1) Except as otherwise provided in paragraph (2), the |
3 | earnings of each inmate shall be credited to his account and |
4 | disbursements made on approval of the chief administrator of |
5 | the institution and the written order of the inmate. |
6 | (2) When an inmate is committed for nonsupport, the |
7 | court which sentenced the inmate shall order payment of his |
8 | earnings and, in the case of other inmates, the court which |
9 | sentenced the inmate may order payments from his earnings to |
10 | be paid to his dependents. |
11 | (3) At time of release or discharge, the inmate shall |
12 | receive all moneys remaining in his account and give receipt |
13 | for the same. |
14 | § 3106. Inmate-made goods to be branded. |
15 | (a) General rule.--All goods, wares, merchandise or other |
16 | article or thing made by inmate labor in any correctional |
17 | institution or other establishment in which inmate labor is |
18 | employed, whether for the direct benefit and maintenance of the |
19 | correctional institution or other establishment or upon contract |
20 | by the authorities of the same with any third person, |
21 | immediately upon the completion of the same, shall be branded as |
22 | provided in this section and may not be taken into or exposed in |
23 | any place for sale at wholesale or retail without that brand. |
24 | (b) Style and place of brand.-- |
25 | (1) The brand required by this section shall be in plain |
26 | English lettering and shall contain at the head or top of the |
27 | brand the words "inmate made," followed by the year and name |
28 | of the correctional institution or other establishment in |
29 | which made. |
30 | (2) The brand shall in all cases, when the nature of the |
|
1 | article will permit, be placed on the article and only where |
2 | the branding is impossible may it be placed on the box or |
3 | other receptacle or covering in which it is contained. |
4 | (3) The brand shall be affixed to the article by |
5 | casting, burning, pressing or other such process or means so |
6 | that the article may not be defaced and in all cases shall be |
7 | upon the most conspicuous place upon the article or the box, |
8 | receptacle or covering containing the article. |
9 | (c) Applicability.--This section shall not apply to goods, |
10 | wares and merchandise shipped to points outside of this |
11 | Commonwealth. |
12 | § 3107. Sale of inmate-made goods. |
13 | The department may contract to sell or sell the articles |
14 | manufactured or produced in any correctional institution which |
15 | cannot be used therein, to the Commonwealth or to any political |
16 | subdivision thereof, or to any State, municipality or county |
17 | authority, created by or under any law of this Commonwealth, or |
18 | to any State correctional institution, or to any educational or |
19 | charitable institution receiving aid from the Commonwealth, or |
20 | to the Federal Government or any department, bureau, commission, |
21 | authority or agency thereof, or to any other state or political |
22 | subdivision or authority thereof, or to any institution |
23 | receiving aid from the Federal Government or of any other state. |
24 | CHAPTER 33 |
25 | MEDICAL SERVICES |
26 | Sec. |
27 | 3301. Short title of chapter. |
28 | 3302. Definitions. |
29 | 3303. Medical Services Program. |
30 | 3304. Powers and duties of department. |
|
1 | 3305. Costs outstanding upon release. |
2 | 3306. Report to General Assembly. |
3 | 3307. Applicability. |
4 | § 3301. Short title of chapter. |
5 | This chapter shall be known and may be cited as the |
6 | Correctional Institution Medical Services Act. |
7 | § 3302. Definitions. |
8 | The following words and phrases when used in this chapter |
9 | shall have the meanings given to them in this section unless the |
10 | context clearly indicates otherwise: |
11 | "Program." The Medical Services Program established for |
12 | inmates under section 3303 (relating to Medical Services |
13 | Program). |
14 | § 3303. Medical Services Program. |
15 | (a) Establishment.--The Medical Services Program is |
16 | established in the department which shall include, but not be |
17 | limited to, the provisions of this chapter. The program shall be |
18 | a copay program requiring inmates to pay a fee to cover a |
19 | portion of the actual costs of the medical services provided. |
20 | (b) Fees.-- |
21 | (1) The department shall develop by regulation a program |
22 | for inmates which includes fees for certain medical services. |
23 | The regulations shall provide for consistent medical services |
24 | guidelines by specifying the medical services which are |
25 | subject to fees, the fee amounts, payment procedures, medical |
26 | services which are not subject to fees and fees applicable to |
27 | medical emergencies, chronic care and preexisting conditions. |
28 | (2) In addition to other medical services provided to |
29 | the inmate, an inmate may be required to pay a fee for |
30 | medical services provided because of injuries the inmate |
|
1 | inflicted upon himself or another inmate. |
2 | (c) Explanation of program.--Each inmate shall be advised of |
3 | the medical services fees and payment procedures at the time of |
4 | intake. An explanation of the program regulations shall be |
5 | included in the inmate handbook. |
6 | (d) Written notice of changes.--Each inmate shall receive |
7 | written notice of any changes in medical services fees and |
8 | payment procedures and an initial written notice of the |
9 | program's implementation. |
10 | (e) Payment for medical services.-- |
11 | (1) No inmate shall be denied access to medical services |
12 | because of an inability to pay the required fees. |
13 | (2) The department shall devise and implement a program |
14 | whereby inmates of State correctional institutions who have |
15 | medical insurance shall pay for their own medical needs |
16 | through that insurance. This program shall be contained in |
17 | regulations promulgated by the department. |
18 | (f) Fee debits.--An inmate shall acknowledge in writing any |
19 | debit made to his inmate account for a medical services fee. |
20 | (g) Deposits.--Medical services fees collected under this |
21 | chapter shall be deposited in the General Fund. |
22 | § 3304. Powers and duties of department. |
23 | The department shall implement the program by: |
24 | (1) Issuing regulations as required under section 3303 |
25 | (relating to Medical Services Program). |
26 | (2) Providing department staff and medical services |
27 | providers with training relating to the program. |
28 | (3) Developing administrative forms for the |
29 | implementation of the program. |
30 | (4) Providing for administrative and accounting |
|
1 | procedures for the program and an annual audit of the |
2 | program. |
3 | (5) Providing written notice to all current inmates |
4 | regarding implementation of the program. |
5 | § 3305. Costs outstanding upon release. |
6 | (a) Right to seek recovery of costs.--The department may |
7 | seek to recover any amount owed for medical services fees by an |
8 | inmate upon release from prison through a civil action brought |
9 | within one year of the inmate's release. The department shall |
10 | have the burden to prove the amount owed. |
11 | (b) Defense.--An inmate's inability to pay as determined by |
12 | the court shall be a defense to the payment of part or all of |
13 | the fees. |
14 | § 3306. Report to General Assembly. |
15 | The department shall submit to the chairmen and minority |
16 | chairmen of the Appropriations Committee and the Judiciary |
17 | Committee of the Senate and the chairmen and minority chairmen |
18 | of the Appropriations Committee and the Judiciary Committee of |
19 | the House of Representatives an annual report on the program. |
20 | The report shall provide information on the fees charged and the |
21 | fees collected under the program and shall include a summary of |
22 | the annual audit of the program as required under section 3304 |
23 | (relating to powers and duties of department). The report may |
24 | recommend legislative changes for the program and propose model |
25 | legislation for counties which may wish to develop similar |
26 | programs. |
27 | § 3307. Applicability. |
28 | The department shall collect fees for medical services |
29 | provided to an inmate after the effective date of the program |
30 | regulations as published in the Pennsylvania Bulletin. |
|
1 | CHAPTER 35 |
2 | VISITATION |
3 | Subchapter |
4 | A. General Provisions |
5 | B. Official Visitation |
6 | SUBCHAPTER A |
7 | GENERAL PROVISIONS |
8 | Sec. |
9 | 3501. Gubernatorial visitor for philanthropic purposes. |
10 | 3502. Official visitors. |
11 | 3503. Rights of official visitors. |
12 | § 3501. Gubernatorial visitor for philanthropic purposes. |
13 | The Governor may appoint a person to visit, for philanthropic |
14 | purposes, correctional institutions. No expense shall be |
15 | incurred to the Commonwealth for the implementation of this |
16 | section. |
17 | § 3502. Official visitors. |
18 | (a) General rule.--Subject to the provisions of subsection |
19 | (b), the active or visiting committee of any society |
20 | incorporated for the purpose of visiting and instructing inmates |
21 | are hereby made official visitors of any correctional |
22 | institution, with the same powers, privileges and functions as |
23 | are vested in the official visitors of correctional institutions |
24 | as now prescribed by law. |
25 | (b) Notice required.--No active or visiting committee as |
26 | identified in subsection (a) may visit a correctional |
27 | institution under this section unless notice of the names of the |
28 | members of the committee and the terms of their appointment are |
29 | given by the society, in writing, under its corporate seal, to |
30 | the chief administrator of the correctional institution. |
|
1 | § 3503. Rights of official visitors. |
2 | (a) Visiting hours.--A person designated by law to be an |
3 | official visitor of a correctional institution may enter and |
4 | visit any correctional institution on any and every day, |
5 | including Sundays, between the hours of 9 a.m. and 5 p.m. and at |
6 | such other times with the special permission of the chief |
7 | administrator. |
8 | (b) Confirmation of role.--All powers, functions and |
9 | privileges granted to official visitors of correctional |
10 | institutions under prior law are hereby confirmed. No official |
11 | visitor shall have the right or power to give or deliver to an |
12 | inmate during such visit any chattel or object whatsoever, |
13 | except objects and articles of religious or moral instruction or |
14 | use. |
15 | (c) Effect of violation.-- |
16 | (1) If an official visitor violates any provision of |
17 | this section, a chief administrator may apply to the court of |
18 | common pleas in the county wherein the correctional |
19 | institution is situated for a rule upon the official visitor |
20 | to show cause why he should not be deprived of his office. |
21 | (2) Upon proof to the satisfaction of the court, the |
22 | court shall enter a decree against the official visitor |
23 | depriving him of all rights, privileges and functions of an |
24 | official visitor. |
25 | SUBCHAPTER B |
26 | OFFICIAL VISITATION |
27 | Sec. |
28 | 3511. Short title of subchapter. |
29 | 3512. Definitions. |
30 | 3513. Visitation. |
|
1 | 3514. Employees of official visitor. |
2 | § 3511. Short title of subchapter. |
3 | This subchapter shall be known and may be cited as the |
4 | Official Visitation of Correctional Institutions Act. |
5 | § 3512. Definitions. |
6 | The following words and phrases when used in this subchapter |
7 | shall have the meanings given to them in this section unless the |
8 | context clearly indicates otherwise: |
9 | "Official visitor." The Governor, Lieutenant Governor, |
10 | President pro tempore and members of the Senate, Speaker and |
11 | members of the House of Representatives, justices and judges of |
12 | the courts of record, General Counsel, Attorney General and his |
13 | deputies and authorized members of the Pennsylvania Prison |
14 | Society who have been designated as official visitors, whose |
15 | names shall be given to a chief administrator, in writing, |
16 | together with the terms of their appointment under its corporate |
17 | seal. |
18 | § 3513. Visitation. |
19 | (a) Time.--An official visitor may enter and visit any |
20 | correctional institution on any and every day, including |
21 | Sundays, between the hours of 9 a.m. and 5 p.m. Visits at any |
22 | other time shall be made only with the special permission of the |
23 | chief administrator. |
24 | (b) Denial of entry.-- |
25 | (1) If a chief administrator of a State correctional |
26 | institution is of the opinion that the visit would be |
27 | dangerous to the discipline or welfare of the correctional |
28 | institution or the safety of the visitor, the chief |
29 | administrator may temporarily deny entry to any official |
30 | visitor if the secretary has previously declared that an |
|
1 | emergency situation exists within the correctional |
2 | institution. |
3 | (2) If a temporary exclusion under paragraph (1) exceeds |
4 | 72 hours, the official visitor may apply to the Commonwealth |
5 | Court for a ruling upon the secretary to show cause why the |
6 | official visitor should not be permitted entry into the State |
7 | correctional institution. |
8 | (c) Temporary denial of visitation for county correctional |
9 | institutions.-- |
10 | (1) If the chief administrator of a county correctional |
11 | institution has previously determined that an emergency |
12 | exists at the county correctional institution, the chief |
13 | administrator may, with the approval of the president judge |
14 | of the court of common pleas of the county where the county |
15 | correctional institution is located, temporarily deny entry |
16 | to an official visitor. |
17 | (2) If a temporary exclusion under paragraph (1) exceeds |
18 | 72 hours, the official visitor may apply to the Commonwealth |
19 | Court for a ruling upon the president judge to show cause why |
20 | the official visitor should not be permitted entry into the |
21 | county correctional institution. |
22 | (d) Interviews.-- |
23 | (1) An official visitor may interview privately any |
24 | inmate confined in any correctional institution and for that |
25 | purpose may enter the cell, room or apartment wherein any |
26 | inmates are confined. |
27 | (2) If the chief administrator at the time of the visit |
28 | is of the opinion that entry into a cell would be dangerous |
29 | to the discipline of the correctional institution, then the |
30 | chief administrator may conduct any inmates with whom the |
|
1 | official visitor may desire a private interview into another |
2 | cell or room as the chief administrator may designate and |
3 | there permit the private interview between the official |
4 | visitor and the inmate to take place. |
5 | (e) Official visitors and employees not exempt from |
6 | prosecution.--Official visitors and their employees shall not be |
7 | exempt from prosecution for any criminal offense, including, but |
8 | not limited to, a violation of 18 Pa.C.S. §§ 5121 (relating to |
9 | escape), 5122 (relating to weapons or implements for escape) and |
10 | 5123 (relating to contraband). |
11 | (f) Decree of court.-- |
12 | (1) If an official visitor violates any provision of |
13 | this section, any chief administrator of a correctional |
14 | institution may apply to the appropriate court for a ruling |
15 | upon the official visitor to show cause why the official |
16 | visitor should not be deprived of his official visitation |
17 | status. |
18 | (2) Upon proof to the satisfaction of the court, the |
19 | court shall enter a decree against the official visitor |
20 | depriving him of all rights, privileges and functions of an |
21 | official visitor. |
22 | § 3514. Employees of official visitor. |
23 | One employee of an official visitor may accompany the |
24 | official visitor when visiting any correctional institution and |
25 | may be present during an interview conducted by the official |
26 | visitor. |
27 | CHAPTER 37 |
28 | INMATE PRERELEASE PLANS |
29 | Sec. |
30 | 3701. Establishment of prerelease centers. |
|
1 | 3702. Prerelease plan for inmates. |
2 | 3703. Rules and regulations. |
3 | 3704. Salaries and wages of inmates. |
4 | § 3701. Establishment of prerelease centers. |
5 | The department shall establish, with the approval of the |
6 | Governor, prisoner prerelease centers at such locations |
7 | throughout this Commonwealth as it deems necessary to carry out |
8 | effective prisoner prerelease programs. |
9 | § 3702. Prerelease plan for inmates. |
10 | (a) Transfer authorization.-- |
11 | (1) The secretary may transfer an inmate incarcerated in |
12 | any prerelease center or in any prerelease center located in |
13 | any State correctional institution who has not been sentenced |
14 | to death or life imprisonment to any prerelease center. |
15 | (2) The transfer of the inmate to the prerelease center |
16 | shall not occur where the transfer is not appropriate due to |
17 | a certified terminal illness. |
18 | (b) Temporary release.--An inmate transferred to and |
19 | confined in a prerelease center may be released temporarily with |
20 | or without direct supervision at the discretion of the |
21 | department, in accordance with rules and regulations as provided |
22 | in section 3703 (relating to rules and regulations), for the |
23 | purposes of gainful employment, vocational or technical |
24 | training, academic education and such other lawful purposes as |
25 | the department shall consider necessary and appropriate for the |
26 | furtherance of the inmate's individual prerelease program |
27 | subject to compliance with subsection (c). |
28 | (c) Conditions for release of certain inmates.-- |
29 | (1) An inmate who has not served his minimum sentence |
30 | may not be transferred to a prerelease center unless: |
|
1 | (i) more than 20 days have elapsed after written |
2 | notice of the proposed transfer, describing the inmate's |
3 | individual prerelease program, has been received by the |
4 | sentencing judge or, in the event the sentencing judge is |
5 | unavailable, the sentencing court and the prosecuting |
6 | district attorney's office and no written objection by |
7 | the judge containing the reason therefor has been |
8 | received by the department; |
9 | (ii) the judge withdraws his objection after |
10 | consultation with representatives of the department; or |
11 | (iii) approval of the proposed transfer is given by |
12 | the Board of Pardons. |
13 | (2) In the event of a timely objection by the judge, |
14 | representatives of the department shall meet with the judge |
15 | and attempt to resolve the disagreement. |
16 | (3) If, within 20 days of the department's receipt of |
17 | the objection: |
18 | (i) the judge does not withdraw his objection; |
19 | (ii) the department does not withdraw its proposal |
20 | for transfer; or |
21 | (iii) the judge and the department do not agree on |
22 | an alternate proposal for transfer, the matter shall be |
23 | listed for hearing at the next session of the Board of |
24 | Pardons to be held in the hearing district in which the |
25 | judge is located. |
26 | (4) During the hearing before the Board of Pardons, |
27 | representatives of the judge, the department, the district |
28 | attorney of the county where the inmate was prosecuted and |
29 | any victim involved shall have the opportunity to be heard. |
30 | (d) Notice of release.-- |
|
1 | (1) An inmate who has served his minimum sentence may be |
2 | released by the department only after notice to the judge |
3 | that the privilege is being granted. |
4 | (2) Notice of the release of an inmate shall be given to |
5 | the Pennsylvania State Police, the probation officer and the |
6 | sheriff or chief of police of the county and the chief of |
7 | police of the municipality or township of the locality to |
8 | which the inmate is assigned or of the inmate's authorized |
9 | destination. |
10 | § 3703. Rules and regulations. |
11 | The department shall establish rules and regulations for |
12 | granting and administering release plans and shall determine |
13 | those inmates who may participate in any plan. If an inmate |
14 | violates the rules or regulations prescribed by the department, |
15 | the inmate's release privileges may be withdrawn. Failure of an |
16 | inmate to report to or return from the assigned place of |
17 | employment, training, education or other authorized destination |
18 | shall be deemed an offense under 18 Pa.C.S. § 5121 (relating to |
19 | escape). |
20 | § 3704. Salaries and wages of inmates. |
21 | (a) General rule.--The salaries or wages of inmates |
22 | gainfully employed under a plan established under this section |
23 | shall be collected by the department or its designated agents or |
24 | employees. The wages shall not be subject to garnishment or |
25 | attachment for any purpose either in the hands of the employer |
26 | or the department during the inmate's term of imprisonment and |
27 | shall be disbursed only as provided in this section, but for tax |
28 | purposes they shall be income of the inmate. |
29 | (b) Use of salaries or wages.--The salaries or wages of an |
30 | inmate participating in a plan established under this section |
|
1 | shall be disbursed by the department in the following order: |
2 | (1) The board of the inmate, including food and |
3 | clothing. |
4 | (2) Necessary travel expense to and from work and other |
5 | incidental expenses of the inmate. |
6 | (3) Support of the inmate's dependents, if any. |
7 | (4) Payment, either in full or ratably, of the inmate's |
8 | obligations acknowledged by him in writing or which have been |
9 | reduced to judgment. |
10 | (5) The balance, if any, to the inmate upon his |
11 | discharge. |
12 | CHAPTER 39 |
13 | MOTIVATIONAL BOOT CAMP |
14 | Sec. |
15 | 3901. Scope of chapter. |
16 | 3902. Declaration of policy. |
17 | 3903. Definitions. |
18 | 3904. Selection of inmate participants. |
19 | 3905. Motivational boot camp program. |
20 | 3906. Procedure for selection of participant in motivational |
21 | boot camp program. |
22 | 3907. Completion of motivational boot camp program. |
23 | 3908. Appeals. |
24 | § 3901. Scope of chapter. |
25 | This chapter authorizes motivational boot camps. |
26 | § 3902. Declaration of policy. |
27 | The General Assembly finds and declares as follows: |
28 | (1) The Commonwealth recognizes the severe problem of |
29 | overcrowding in correctional institutions and understands |
30 | that overcrowding is a causative factor contributing to |
|
1 | insurrection and prison rioting. |
2 | (2) The Commonwealth also recognizes that the frequency |
3 | of convictions responsible for the dramatic expansion of the |
4 | population in correctional institutions is attributable in |
5 | part to the increased use of drugs and alcohol. |
6 | (3) The Commonwealth, in wishing to salvage the |
7 | contributions and dedicated work which its displaced citizens |
8 | may someday offer, is seeking to explore alternative methods |
9 | of incarceration which might serve as the catalyst for |
10 | reducing criminal behavior. |
11 | § 3903. Definitions. |
12 | The following words and phrases when used in this chapter |
13 | shall have the meanings given to them in this section unless the |
14 | context clearly indicates otherwise: |
15 | "Commission." The Pennsylvania Commission on Sentencing. |
16 | "Eligible inmate." A person sentenced to a term of |
17 | confinement under the jurisdiction of the Department of |
18 | Corrections who is serving a term of confinement, the minimum of |
19 | which is not more than two years and the maximum of which is |
20 | five years or less, or an inmate who is serving a term of |
21 | confinement, the minimum of which is not more than three years |
22 | where that inmate is within two years of completing his minimum |
23 | term, and who has not reached 35 years of age at the time he is |
24 | approved for participation in the motivational boot camp |
25 | program. The term shall not include any inmate who is subject to |
26 | a sentence the calculation of which included an enhancement for |
27 | the use of a deadly weapon as defined pursuant to the sentencing |
28 | guidelines promulgated by the Pennsylvania Commission on |
29 | Sentencing or any inmate serving a sentence for any violation of |
30 | one or more of the following provisions: |
|
1 | 18 Pa.C.S. § 2502 (relating to murder). |
2 | 18 Pa.C.S. § 2503 (relating to voluntary manslaughter). |
3 | 18 Pa.C.S. § 2506 (relating to drug delivery resulting in |
4 | death). |
5 | 18 Pa.C.S. § 2901 (relating to kidnapping). |
6 | 18 Pa.C.S. § 3121 (relating to rape). |
7 | 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual |
8 | intercourse). |
9 | 18 Pa.C.S. § 3124.1 (relating to sexual assault). |
10 | 18 Pa.C.S. § 3125 (relating to aggravated indecent |
11 | assault). |
12 | 18 Pa.C.S. § 3301(a)(1)(i) (relating to arson and related |
13 | offenses). |
14 | 18 Pa.C.S. § 3502 (relating to burglary) in the case of |
15 | burglary of a structure adapted for overnight accommodation |
16 | in which at the time of the offense any person is present. |
17 | 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to |
18 | robbery). |
19 | 18 Pa.C.S. § 3702 (relating to robbery of motor vehicle). |
20 | 18 Pa.C.S. § 7508 (a)(1)(iii), (2)(iii), (3)(iii) or (4) |
21 | (iii) (relating to drug trafficking sentencing and |
22 | penalties). |
23 | "Motivational boot camp." A program in which eligible |
24 | inmates participate for a period of six months in a humane |
25 | program for motivational boot camp programs which shall provide |
26 | for rigorous physical activity, intensive regimentation and |
27 | discipline, work on public projects, substance abuse treatment |
28 | services licensed by the Department of Health, continuing |
29 | education, vocational training, prerelease counseling and |
30 | community corrections aftercare. |
|
1 | § 3904. Selection of inmate participants. |
2 | (a) Duties of commission.--Through the use of sentencing |
3 | guidelines, the commission shall employ the definition of |
4 | "eligible inmate" as provided in this chapter to further |
5 | identify inmates who would be appropriate for participation in a |
6 | motivational boot camp. |
7 | (b) Duties of sentencing judge.--The sentencing judge shall |
8 | employ the sentencing guidelines to identify those defendants |
9 | who are eligible for participation in a motivational boot camp. |
10 | The judge shall have the discretion to exclude a defendant from |
11 | eligibility if the judge determines that the defendant would be |
12 | inappropriate for placement in a motivational boot camp. The |
13 | judge shall note on the sentencing order whether the defendant |
14 | has been identified as eligible for a motivational boot camp |
15 | program. |
16 | (c) Duties of department.--The secretary shall promulgate |
17 | rules and regulations providing for inmate selection criteria |
18 | and the establishment of motivational boot camp selection |
19 | committees within each diagnostic and classification center of |
20 | the department. |
21 | § 3905. Motivational boot camp program. |
22 | (a) Establishment.--There is hereby established in the |
23 | department a motivational boot camp program. |
24 | (b) Program objectives.--The objectives of the program are: |
25 | (1) To protect the health and safety of the Commonwealth |
26 | by providing a program which will reduce recidivism and |
27 | promote characteristics of good citizenship among eligible |
28 | inmates. |
29 | (2) To divert inmates who ordinarily would be sentenced |
30 | to traditional forms of confinement under the custody of the |
|
1 | department to motivational boot camps. |
2 | (3) To provide discipline and structure to the lives of |
3 | eligible inmates and to promote these qualities in the |
4 | postrelease behavior of eligible inmates. |
5 | (c) Rules and regulations.-- |
6 | (1) The secretary shall promulgate rules and regulations |
7 | which shall include, but not be limited to, inmate |
8 | discipline, selection criteria, programming and supervision |
9 | and administration. |
10 | (2) The department shall provide four weeks of intensive |
11 | training for all staff prior to the start of their |
12 | involvement with the program. |
13 | (d) Approval.--Motivational boot camp programs may be |
14 | established only at correctional institutions classified by the |
15 | secretary as motivational boot camp institutions. |
16 | (e) Evaluation.--The department and the commission shall |
17 | monitor and evaluate the motivational boot camp programs to |
18 | ensure that the programmatic objectives are met. Both shall |
19 | present biennial reports of the evaluations to the Judiciary |
20 | Committee of the Senate and the Judiciary Committee of the House |
21 | of Representatives no later than February 1 in alternate years. |
22 | § 3906. Procedure for selection of participant in motivational |
23 | boot camp program. |
24 | (a) Application.--An eligible inmate may make an application |
25 | to the motivational boot camp selection committee for permission |
26 | to participate in the motivational boot camp program. |
27 | (b) Selection.--If the selection committee determines that |
28 | an inmate's participation in the program is consistent with the |
29 | safety of the community, the welfare of the applicant, the |
30 | programmatic objectives and the rules and regulations of the |
|
1 | department, the committee shall forward the application to the |
2 | secretary or his designee for approval or disapproval. |
3 | (c) Conditions.--Applicants may not participate in the |
4 | motivational boot camp program unless they agree to be bound by |
5 | all the terms and conditions thereof and indicate their |
6 | agreement by signing a memorandum of understanding. |
7 | (d) Qualifications to participate.--Satisfaction of the |
8 | qualifications set forth in this section to participate does not |
9 | mean that an inmate will automatically be permitted to |
10 | participate in the program. |
11 | (e) Expulsion from program.-- |
12 | (1) An inmate's participation in the motivational boot |
13 | camp unit may be suspended or revoked for administrative or |
14 | disciplinary reasons. |
15 | (2) The department shall develop regulations consistent |
16 | with this subsection. |
17 | § 3907. Completion of motivational boot camp program. |
18 | Upon certification by the department of the inmate's |
19 | successful completion of the program, the Pennsylvania Board of |
20 | Probation and Parole shall immediately release the inmate on |
21 | parole, notwithstanding any minimum sentence imposed in the |
22 | case. The parolee will be subject to intensive supervision for a |
23 | period of time determined by the board, after which the parolee |
24 | will be subject to the usual parole supervision. For all other |
25 | purposes, the parole of the inmate shall be as provided by |
26 | Chapter 61 (relating to Pennsylvania Board of Probation and |
27 | Parole). |
28 | § 3908. Appeals. |
29 | Nothing in this chapter shall be construed to enlarge or |
30 | limit the right of an inmate to appeal his or her sentence. |
|
1 | CHAPTER 41 |
2 | STATE INTERMEDIATE PUNISHMENT |
3 | Sec. |
4 | 4101. Scope of chapter. |
5 | 4102. Findings and purpose. |
6 | 4103. Definitions. |
7 | 4104. Referral to State intermediate punishment program. |
8 | 4105. Drug offender treatment program. |
9 | 4106. Written guidelines and regulations. |
10 | 4107. Reports. |
11 | 4108. Construction. |
12 | 4109. Evaluation. |
13 | § 4101. Scope of chapter. |
14 | This chapter relates to State intermediate punishment. |
15 | § 4102. Findings and purpose. |
16 | The General Assembly finds as follows: |
17 | (1) Many crimes are committed by persons who, because of |
18 | their addiction to drugs or alcohol, are unable to maintain |
19 | gainful employment. |
20 | (2) These persons often commit crimes as a means of |
21 | obtaining the funds necessary to purchase drugs or alcohol. |
22 | (3) Many persons commit crimes while under the influence |
23 | of drugs or alcohol even though they are not addicted to such |
24 | substances in a clinical sense. |
25 | (4) Punishing persons who commit crimes is an important |
26 | aspect of recognizing the harm that criminals visit upon |
27 | their victims. |
28 | (5) Many people who commit crimes will be able to become |
29 | law-abiding, contributing members of society if they are able |
30 | to obtain treatment for their drug or alcohol addiction or |
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1 | abuse. |
2 | (6) The purpose of this chapter is to create a program |
3 | that punishes persons who commit crimes, but also provides |
4 | treatment that offers the opportunity for those persons to |
5 | address their drug or alcohol addiction or abuse and thereby |
6 | reduce the incidents of recidivism and enhance public safety. |
7 | § 4103. Definitions. |
8 | The following words and phrases when used in this chapter |
9 | shall have the meanings given to them in this section unless the |
10 | context clearly indicates otherwise: |
11 | "Commission." The Pennsylvania Commission on Sentencing. |
12 | "Community-based therapeutic community." A long-term |
13 | residential addiction treatment program licensed by the |
14 | Department of Health to provide addiction treatment services |
15 | using a therapeutic community model and determined by the |
16 | Department of Corrections to be qualified to provide addiction |
17 | treatment to eligible offenders. |
18 | "Community corrections center." A residential program that |
19 | is supervised and operated by the Department of Corrections for |
20 | inmates with prerelease status or who are on parole. |
21 | "Court." The trial judge exercising sentencing jurisdiction |
22 | over an eligible offender under this chapter or the president |
23 | judge if the original trial judge is no longer serving as a |
24 | judge of the sentencing court. |
25 | "Defendant." An individual charged with a drug-related |
26 | offense. |
27 | "Department." The Department of Corrections of the |
28 | Commonwealth. |
29 | "Drug offender treatment program." An individualized |
30 | treatment program established by the Department of Corrections |
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1 | consisting primarily of drug and alcohol addiction treatment |
2 | that satisfies the terms and conditions listed in section 4105 |
3 | (relating to drug offender treatment program). |
4 | "Drug-related offense." A criminal offense for which a |
5 | defendant is convicted and that the court determines was |
6 | motivated by the defendant's consumption of or addiction to |
7 | alcohol or a controlled substance, counterfeit, designer drug, |
8 | drug, immediate precursor or marijuana, as those terms are |
9 | defined in the act of April 14, 1972 (P.L.233, No.64), known as |
10 | The Controlled Substance, Drug, Device and Cosmetic Act. |
11 | "Eligible offender." Subject to 42 Pa.C.S. § 9721(a.1) |
12 | (relating to sentencing generally), a defendant designated by |
13 | the sentencing court as a person convicted of a drug-related |
14 | offense who: |
15 | (1) Has undergone an assessment performed by the |
16 | Department of Corrections, which assessment has concluded |
17 | that the defendant is in need of drug and alcohol addiction |
18 | treatment and would benefit from commitment to a drug |
19 | offender treatment program and that placement in a drug |
20 | offender treatment program would be appropriate. |
21 | (2) Does not demonstrate a history of present or past |
22 | violent behavior. |
23 | (3) Would be placed in the custody of the department if |
24 | not sentenced to State intermediate punishment. |
25 | (4) Provides written consent permitting release of |
26 | information pertaining to the defendant's participation in a |
27 | drug offender treatment program. |
28 | The term shall not include a defendant who is subject to a |
29 | sentence the calculation of which includes an enhancement for |
30 | the use of a deadly weapon, as defined pursuant to law or the |
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1 | sentencing guidelines promulgated by the Pennsylvania Commission |
2 | on Sentencing, or a defendant who has been convicted of a |
3 | personal injury crime as defined in section 103 of the act of |
4 | November 24, 1998 (P.L.882, No.111), known as the Crime Victims |
5 | Act, or an attempt or conspiracy to commit such a crime or who |
6 | has been convicted of violating 18 Pa.C.S. § 4302 (relating to |
7 | incest), 5901 (relating to open lewdness), 6312 (relating to |
8 | sexual abuse of children), 6318 (relating to unlawful contact |
9 | with minor) or 6320 (relating to sexual exploitation of |
10 | children) or Ch. 76 Subch. C (relating to Internet child |
11 | pornography). |
12 | "Expulsion." The permanent removal of a participant from a |
13 | drug offender treatment program. |
14 | "Group home." A residential program that is contracted out |
15 | by the Department of Corrections to a private service provider |
16 | for inmates with prerelease status or who are on parole. |
17 | "Individualized drug offender treatment plan." An |
18 | individualized addiction treatment plan within the framework of |
19 | the drug offender treatment program. |
20 | "Institutional therapeutic community." A residential drug |
21 | treatment program in a State correctional institution, |
22 | accredited as a therapeutic community for treatment of drug and |
23 | alcohol abuse and addiction by the American Correctional |
24 | Association or other nationally recognized accreditation |
25 | organization for therapeutic community drug and alcohol |
26 | addiction treatment. |
27 | "Outpatient addiction treatment facility." An addiction |
28 | treatment facility licensed by the Department of Health and |
29 | designated by the Department of Corrections as qualified to |
30 | provide addiction treatment to criminal justice offenders. |
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1 | "Participant." An eligible offender actually sentenced to |
2 | State intermediate punishment pursuant to 42 Pa.C.S. § 9721(a) |
3 | (7) (relating to sentencing generally). |
4 | "Transitional residence." A residence investigated and |
5 | approved by the Department of Corrections as appropriate for |
6 | housing a participant in a drug offender treatment program. |
7 | § 4104. Referral to State intermediate punishment program. |
8 | (a) Referral for evaluation.-- |
9 | (1) Prior to imposing a sentence, the court may, upon |
10 | motion of the Commonwealth and agreement of the defendant, |
11 | commit a defendant to the custody of the department for the |
12 | purpose of evaluating whether the defendant would benefit |
13 | from a drug offender treatment program and whether placement |
14 | in the drug offender treatment program is appropriate. |
15 | (2) Upon committing a defendant to the department, the |
16 | court shall forward to the department: |
17 | (i) A summary of the offense for which the defendant |
18 | has been convicted. |
19 | (ii) Information relating to the defendant's history |
20 | of delinquency or criminality, including the information |
21 | maintained by the court under 42 Pa.C.S. Ch. 63 (relating |
22 | to juvenile matters), when available. |
23 | (iii) Information relating to the defendant's |
24 | history of drug or alcohol abuse or addiction, when |
25 | available. |
26 | (iv) A presentence investigation report, when |
27 | available. |
28 | (v) Any other information the court deems relevant |
29 | to assist the department with its assessment of the |
30 | defendant. |
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1 | (b) Assessment of addiction.-- |
2 | (1) The department shall conduct an assessment of the |
3 | addiction and other treatment needs of a defendant and |
4 | determine whether the defendant would benefit from a drug |
5 | offender treatment program. The assessment shall be conducted |
6 | using a nationally recognized assessment instrument or an |
7 | instrument that has been normed and validated on the |
8 | department's inmate population by a recognized expert in such |
9 | matters. The assessment instrument shall be administered by |
10 | persons skilled in the treatment of drug and alcohol |
11 | addiction and trained to conduct assessments. The assessments |
12 | shall be reviewed and approved by a supervisor with at least |
13 | three years of experience providing drug and alcohol |
14 | counseling services. |
15 | (2) The department shall conduct risk and other |
16 | assessments it deems appropriate and shall provide a report |
17 | of its assessments to the court, the defendant, the attorney |
18 | for the Commonwealth and the commission within 60 days of the |
19 | court's commitment of the defendant to the custody of the |
20 | department. |
21 | (c) Proposed drug offender treatment program.--If the |
22 | department in its discretion believes a defendant would benefit |
23 | from a drug offender treatment program and placement in the drug |
24 | offender treatment program is appropriate, the department shall |
25 | provide the court, the defendant, the attorney for the |
26 | Commonwealth and the commission with a proposed drug offender |
27 | treatment program detailing the type of treatment proposed. |
28 | (d) Prerequisites for commitment.--Upon receipt of a |
29 | recommendation for placement in a drug offender treatment |
30 | program from the department and agreement of the attorney for |
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1 | the Commonwealth and the defendant, the court may sentence an |
2 | eligible offender to a period of 24 months of State intermediate |
3 | punishment if the court finds that: |
4 | (1) The eligible offender is likely to benefit from |
5 | State intermediate punishment. |
6 | (2) Public safety would be enhanced by the eligible |
7 | offender's participation in State intermediate punishment. |
8 | (3) Sentencing the eligible offender to State |
9 | intermediate punishment would not depreciate the seriousness |
10 | of the offense. |
11 | (e) Resentencing.--The department may make a written request |
12 | to the sentencing court that an offender who is otherwise |
13 | eligible but has not been referred for evaluation or originally |
14 | sentenced to State intermediate punishment be sentenced to State |
15 | intermediate punishment. The court may resentence the offender |
16 | to State intermediate punishment if all of the following apply: |
17 | (1) The department has recommended placement in a drug |
18 | offender treatment program. |
19 | (2) The attorney for the Commonwealth and the offender |
20 | have agreed to the placement and modification of sentence. |
21 | (3) The court makes the findings set forth under |
22 | subsection (d). |
23 | (4) The resentencing has occurred within 365 days of the |
24 | date of the defendant's admission to the custody of the |
25 | department. |
26 | (5) The court has otherwise complied with all other |
27 | requirements for the imposition of sentence including victim |
28 | notification under the act of November 24, 1998 (P.L.882, No. |
29 | 111), known as the Crime Victims Act. |
30 | (f) Consecutive probation.--Nothing in this chapter shall |
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1 | prohibit the court from sentencing an eligible offender to a |
2 | consecutive period of probation. The total duration of the |
3 | sentence may not exceed the maximum term for which the eligible |
4 | offender could otherwise be sentenced. |
5 | (g) Applicability and program limitations.--The court may |
6 | not modify or alter the terms of the department's proposed |
7 | individualized drug offender treatment plan without the |
8 | agreement of the department and the attorney for the |
9 | Commonwealth. |
10 | (h) Videoconferencing.--The department shall make |
11 | videoconferencing facilities available to allow the court to |
12 | conduct proceedings necessary under this section when the |
13 | eligible offender has been committed to the custody of the |
14 | department pursuant to subsection (b). |
15 | § 4105. Drug offender treatment program. |
16 | (a) Establishment.--The department shall establish and |
17 | administer a drug offender treatment program as a State |
18 | intermediate punishment. The program shall be designed to |
19 | address the individually assessed drug and alcohol abuse and |
20 | addiction needs of a participant and shall address other issues |
21 | essential to the participant's successful reintegration into the |
22 | community, including, but not limited to, educational and |
23 | employment issues. |
24 | (b) Duration and components.--Notwithstanding any credit to |
25 | which the defendant may be entitled under 42 Pa.C.S. § 9760 |
26 | (relating to credit for time served), the duration of the drug |
27 | offender treatment program shall be 24 months and shall include |
28 | the following: |
29 | (1) A period in a State correctional institution of not |
30 | less than seven months. This period shall include: |
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1 | (i) The time during which the defendants are being |
2 | evaluated by the department under section 4104(b) |
3 | (relating to referral to State intermediate punishment |
4 | program). |
5 | (ii) Following evaluation under subparagraph (i), |
6 | not less than four months shall be in an institutional |
7 | therapeutic community. |
8 | (2) A period of treatment in a community-based |
9 | therapeutic community of at least two months. |
10 | (3) A period of at least six months' treatment through |
11 | an outpatient addiction treatment facility. During the |
12 | outpatient addiction treatment period of the drug offender |
13 | treatment program, the participant may be housed in a |
14 | community corrections center or group home or placed in an |
15 | approved transitional residence. The participant must comply |
16 | with any conditions established by the department regardless |
17 | of where the participant resides during the outpatient |
18 | addiction treatment portion of the drug offender treatment |
19 | program. |
20 | (4) A period of supervised reintegration into the |
21 | community for the balance of the drug offender treatment |
22 | program, during which the participant shall continue to be |
23 | supervised by the department and comply with any conditions |
24 | imposed by the department. |
25 | (c) Program management.-- |
26 | (1) Consistent with the minimum time requirements set |
27 | forth in subsection (b), the department may transfer, at its |
28 | discretion, a participant between a State correctional |
29 | institution, an institutional therapeutic community, a |
30 | community-based therapeutic community, an outpatient |
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1 | addiction treatment program and an approved transitional |
2 | residence. The department may also transfer a participant |
3 | back and forth between less restrictive and more restrictive |
4 | settings based upon the participant's progress or regression |
5 | in treatment or for medical, disciplinary or other |
6 | administrative reasons. |
7 | (2) This subsection shall be construed to provide the |
8 | department with the maximum flexibility to administer the |
9 | drug offender treatment program both as a whole and for |
10 | individual participants. |
11 | (d) Right of refusal to admit.--The administrator of a |
12 | community-based therapeutic community or outpatient addiction |
13 | treatment facility may refuse to accept a participant whom the |
14 | administrator deems to be inappropriate for admission and may |
15 | immediately discharge to the custody of the department any |
16 | participant who fails to comply with facility rules and |
17 | treatment expectations or refuses to constructively engage in |
18 | the treatment process. |
19 | (e) Notice to court of completion of program.--When the |
20 | department determines that a participant has successfully |
21 | completed the drug offender treatment program, it shall notify |
22 | the sentencing court, the attorney for the Commonwealth and the |
23 | commission. |
24 | (f) Expulsion from program.-- |
25 | (1) A participant may be expelled from the drug offender |
26 | treatment program at any time in accordance with guidelines |
27 | established by the department, including failure to comply |
28 | with administrative or disciplinary procedures or |
29 | requirements set forth by the department. |
30 | (2) The department shall promptly notify the court, the |
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1 | defendant, the attorney for the Commonwealth and the |
2 | commission of the expulsion of a participant from the drug |
3 | offender treatment program and the reason for such expulsion. |
4 | The participant shall be housed in a State correctional |
5 | institution or county jail pending action by the court. |
6 | (3) The court shall schedule a prompt State intermediate |
7 | punishment revocation hearing pursuant to 42 Pa.C.S. § 9774 |
8 | (relating to revocation of State intermediate punishment |
9 | sentence). |
10 | § 4106. Written guidelines and regulations. |
11 | The department shall develop written guidelines for |
12 | participant selection criteria and the establishment of drug |
13 | offender treatment program selection committees within each |
14 | diagnostic and classification center of the department and shall |
15 | address suspensions and expulsions from the drug offender |
16 | treatment program. The guidelines shall not be subject to the |
17 | act of June 25, 1982 (P.L.633, No.181), known as the Regulatory |
18 | Review Act, and shall be effective for a period of two years |
19 | upon publication in the Pennsylvania Bulletin. The guidelines |
20 | shall be replaced by regulations promulgated by the department |
21 | consistent with the Regulatory Review Act within the two-year |
22 | period during which the guidelines are effective. The |
23 | regulations shall include a requirement that community-based |
24 | therapeutic communities utilized in the drug offender treatment |
25 | program be accredited as a therapeutic community for treatment |
26 | of drug and alcohol abuse and addiction by the Commission on |
27 | Accreditation of Rehabilitation Facilities or other nationally |
28 | recognized accreditation organization for community-based |
29 | therapeutic communities for drug and alcohol addiction |
30 | treatment. |
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1 | § 4107. Reports. |
2 | (a) Final report.--The department shall provide a final |
3 | report to the court, the defendant, the attorney for the |
4 | Commonwealth and the commission on a participant's progress in |
5 | the drug offender treatment program. |
6 | (b) Evaluation and report to General Assembly.--The |
7 | department and the commission shall monitor and evaluate the |
8 | drug offender treatment program to ensure that the programmatic |
9 | objectives are met. In odd-numbered years, the department shall |
10 | present a report of its evaluation to the Judiciary Committee of |
11 | the Senate and the Judiciary Committee of the House of |
12 | Representatives no later than February 1. In even-numbered |
13 | years, the commission shall present a report of its evaluation |
14 | to the Judiciary Committee of the Senate and the Judiciary |
15 | Committee of the House of Representatives no later than February |
16 | 1. The report shall include: |
17 | (1) The number of offenders evaluated for the drug |
18 | offender treatment program. |
19 | (2) The number of offenders sentenced to the drug |
20 | offender treatment program. |
21 | (3) The number of offenders sentenced to a State |
22 | correctional institution who may have been eligible for the |
23 | drug offender treatment program. |
24 | (4) The number of offenders successfully completing the |
25 | drug offender treatment program. |
26 | (5) The six-month, one-year, three-year and five-year |
27 | recidivism rates for offenders who have completed the drug |
28 | offender treatment program and for a comparison group of |
29 | offenders who were not placed in the drug offender treatment |
30 | program. |
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1 | (6) Any changes the department or the commission |
2 | believes will make the drug offender treatment program more |
3 | effective. |
4 | § 4108. Construction. |
5 | Notwithstanding any other provision of law to the contrary, |
6 | this chapter shall not be construed to: |
7 | (1) Confer any legal right upon any individual, |
8 | including an individual participating in the drug offender |
9 | treatment program, to: |
10 | (i) participate in a drug offender treatment |
11 | program; |
12 | (ii) continue participation in a drug offender |
13 | treatment program; |
14 | (iii) modify the contents of the drug offender |
15 | treatment program; or |
16 | (iv) file any cause of action in any court |
17 | challenging the department's determination that a |
18 | participant is to be suspended or expelled from or that a |
19 | participant has successfully completed or failed to |
20 | successfully complete treatment to be provided during any |
21 | portion of a drug offender treatment program. |
22 | (2) Enlarge or limit the right of a participant to |
23 | appeal the participant's sentence. |
24 | § 4109. Evaluation. |
25 | The department and the commission shall monitor and evaluate |
26 | the motivational boot camp program under Chapter 39 (relating to |
27 | motivational boot camp) to ensure that the programmatic |
28 | objectives are met. In even-numbered years, the department shall |
29 | present a report of its evaluation to the Judiciary Committee of |
30 | the Senate and the Judiciary Committee of the House of |
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1 | Representatives no later than February 1. In odd-numbered years, |
2 | the commission shall present a report of its evaluation to the |
3 | Judiciary Committee of the Senate and the Judiciary Committee of |
4 | the House of Representatives no later than February 1. |
5 | CHAPTER 43 |
6 | EXECUTION PROCEDURE AND METHOD |
7 | Sec. |
8 | 4301. Definitions. |
9 | 4302. Issuance of warrant. |
10 | 4303. Terms of confinement. |
11 | 4304. Method of execution. |
12 | 4305. Witnesses to execution. |
13 | 4306. Certification of chief administrator. |
14 | 4307. Postmortem examination. |
15 | 4308. Costs of execution and examination. |
16 | § 4301. Definitions. |
17 | The following words and phrases when used in this chapter |
18 | shall have the meanings given to them in this section unless the |
19 | context clearly indicates otherwise: |
20 | "Victim." The term shall have the same meaning given to it |
21 | in section 103 of the act of November 24, 1998 (P.L.882, No. |
22 | 111), known as the Crime Victims Act. |
23 | "Victim advocate." The victim advocate within the |
24 | Pennsylvania Board of Probation and Parole. |
25 | § 4302. Issuance of warrant. |
26 | (a) Time.-- |
27 | (1) After the receipt of the record pursuant to 42 |
28 | Pa.C.S. § 9711(i) (relating to sentencing procedure for |
29 | murder of the first degree), unless a pardon or commutation |
30 | has been issued, the Governor shall, within 90 days, issue a |
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1 | warrant specifying a day for execution which shall be no |
2 | later than 60 days after the date the warrant is signed. |
3 | (2) If, because of a reprieve or a judicial stay of the |
4 | execution, the date of execution passes without imposition of |
5 | the death penalty, unless a pardon or commutation has been |
6 | issued, the Governor shall, within 30 days after receiving |
7 | notice of the termination of the reprieve or the judicial |
8 | stay, reissue a warrant specifying a day for execution which |
9 | shall be no later than 60 days after the date of reissuance |
10 | of the warrant. |
11 | (b) Secretary.--The warrant shall be directed to the |
12 | secretary commanding that the subject of the warrant be executed |
13 | on the day named in the warrant and in the manner prescribed by |
14 | law. |
15 | (c) Failure to timely comply.--If the Governor fails to |
16 | timely comply with the provisions of this section and a pardon |
17 | or commutation has not been issued, the secretary shall, within |
18 | 30 days following the Governor's failure to comply, schedule and |
19 | carry out the execution no later than 60 days from the date by |
20 | which the Governor was required to sign the warrant under |
21 | subsection (a). |
22 | § 4303. Terms of confinement. |
23 | Upon receipt of the warrant, the secretary shall, until |
24 | infliction of the death penalty or until lawful discharge from |
25 | custody, keep the inmate in solitary confinement. During the |
26 | confinement, no person shall be allowed to have access to the |
27 | inmate without an order of the sentencing court, except the |
28 | following: |
29 | (1) The staff of the department. |
30 | (2) The inmate's counsel of record or other attorney |
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1 | requested by the inmate. |
2 | (3) A spiritual adviser selected by the inmate or the |
3 | members of the immediate family of the inmate. |
4 | § 4304. Method of execution. |
5 | (a) Injection.-- |
6 | (1) The death penalty shall be inflicted by injecting |
7 | the convict with a continuous intravenous administration of a |
8 | lethal quantity of an ultrashort-acting barbiturate in |
9 | combination with chemical paralytic agents approved by the |
10 | department until death is pronounced by the coroner. The |
11 | coroner shall issue the death certificate. |
12 | (2) The execution shall be supervised by the chief |
13 | administrator or his designee of the State correctional |
14 | institution designated by the department for the execution. |
15 | (b) Injection agents.--Notwithstanding section 13 of the act |
16 | of April 14, 1972 (P.L.233, No.64), known as The Controlled |
17 | Substance, Drug, Device and Cosmetic Act, the secretary or his |
18 | designee may obtain the injection agents directly from a |
19 | pharmacist or manufacturer. |
20 | § 4305. Witnesses to execution. |
21 | (a) List of witnesses.--No person except the following shall |
22 | witness any execution under the provisions of this chapter: |
23 | (1) The chief administrator or his designee of the State |
24 | correctional institution where the execution takes place. |
25 | (2) Six reputable adult citizens selected by the |
26 | secretary. |
27 | (3) One spiritual adviser, when requested and selected |
28 | by the inmate. |
29 | (4) Not more than six duly accredited representatives of |
30 | the news media. |
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1 | (5) Such staff of the department as may be selected by |
2 | the secretary. |
3 | (6) Not more than four victims registered with and |
4 | selected by the victim advocate. |
5 | (b) Witnesses.--The secretary may refuse participation by a |
6 | witness for safety or security reasons. The department shall |
7 | make reasonable efforts to provide victims with a viewing area |
8 | separate and apart from the area to which other witnesses are |
9 | admitted. |
10 | (c) Confidentiality.--The identity of department employees, |
11 | department contractors or victims who participate in the |
12 | administration of an execution pursuant to this section shall be |
13 | confidential. |
14 | § 4306. Certification of chief administrator. |
15 | After the execution, the chief administrator or his designee |
16 | shall certify in writing, under oath or affirmation, to the |
17 | court of the county where the inmate was sentenced to death that |
18 | the inmate was duly executed in accordance with this chapter. |
19 | The certificate shall be filed in the office of the clerk of |
20 | such court. |
21 | § 4307. Postmortem examination. |
22 | (a) General rule.--Immediately after execution, a postmortem |
23 | examination of the body of the inmate shall be made at the |
24 | discretion of the coroner of the county in which the execution |
25 | is performed. The coroner shall report the nature of any |
26 | examination made. This report shall be annexed to and filed with |
27 | the certificate required under section 4306 (relating to |
28 | certification of chief administrator). |
29 | (b) Disposition of body.--After the postmortem examination, |
30 | unless claimed by a relative or relatives, the department shall |
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1 | be responsible for disposition of the body. |
2 | § 4308. Costs of execution and examination. |
3 | The actual and necessary costs of the execution and the |
4 | postmortem examination shall be paid by the department. |
5 | CHAPTER 45 |
6 | RECIDIVISM RISK REDUCTION INCENTIVE |
7 | Sec. |
8 | 4501. Scope of chapter. |
9 | 4502. Purpose of chapter. |
10 | 4503. Definitions. |
11 | 4504. Recidivism risk reduction incentive programs. |
12 | 4505. Sentencing. |
13 | 4506. Recidivism risk reduction incentive minimum. |
14 | 4507. Authority of board. |
15 | 4508. Written guidelines and regulations. |
16 | 4509. Evaluation. |
17 | 4510. Reports. |
18 | 4511. Construction of chapter. |
19 | 4512. Applicability of chapter. |
20 | § 4501. Scope of chapter. |
21 | This chapter relates to recidivism risk reduction incentive. |
22 | § 4502. Purpose of chapter. |
23 | This chapter seeks to create a program that ensures |
24 | appropriate punishment for persons who commit crimes, encourages |
25 | inmate participation in evidence-based programs that reduce the |
26 | risks of future crime and ensures the openness and |
27 | accountability of the criminal justice process while ensuring |
28 | fairness to crime victims. |
29 | § 4503. Definitions. |
30 | The following words and phrases when used in this chapter |
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1 | shall have the meanings given to them in this section unless the |
2 | context clearly indicates otherwise: |
3 | "Court." The trial judge exercising sentencing jurisdiction |
4 | over an eligible offender under this chapter or the president |
5 | judge or the president judge's designee if the original trial |
6 | judge is no longer serving as a judge of the sentencing court. |
7 | "Defendant." An individual charged with a criminal offense. |
8 | "Eligible offender." A defendant or inmate convicted of a |
9 | criminal offense who will be committed to the custody of the |
10 | department and who meets all of the following eligibility |
11 | requirements: |
12 | (1) Does not demonstrate a history of present or past |
13 | violent behavior. |
14 | (2) Has not been subject to a sentence the calculation |
15 | of which includes an enhancement for the use of a deadly |
16 | weapon as defined under law or the sentencing guidelines |
17 | promulgated by the Pennsylvania Commission on Sentencing or |
18 | the attorney for the Commonwealth has not demonstrated that |
19 | the defendant has been found guilty of or was convicted of an |
20 | offense involving a deadly weapon or offense under 18 Pa.C.S. |
21 | Ch. 61 (relating to firearms and other dangerous articles) or |
22 | the equivalent offense under the laws of the United States or |
23 | one of its territories or possessions, another state, the |
24 | District of Columbia, the Commonwealth of Puerto Rico or a |
25 | foreign nation. |
26 | (3) Has not been found guilty or previously convicted or |
27 | adjudicated delinquent for or an attempt or conspiracy to |
28 | commit a personal injury crime as defined under section 103 |
29 | of the act of November 24, 1998 (P.L.882, No.111), known as |
30 | the Crime Victims Act, or an equivalent offense under the |
|
1 | laws of the United States or one of its territories or |
2 | possessions, another state, the District of Columbia, the |
3 | Commonwealth of Puerto Rico or a foreign nation. |
4 | (4) Has not been found guilty or previously convicted or |
5 | adjudicated delinquent for violating any of the following |
6 | provisions or an equivalent offense under the laws of the |
7 | United States or one of its territories or possessions, |
8 | another state, the District of Columbia, the Commonwealth of |
9 | Puerto Rico or a foreign nation: |
10 | 18 Pa.C.S. § 4302 (relating to incest). |
11 | 18 Pa.C.S. § 5901 (relating to open lewdness). |
12 | 18 Pa.C.S. § 6312 (relating to sexual abuse of |
13 | children). |
14 | 18 Pa.C.S. § 6318 (relating to unlawful contact with |
15 | minor). |
16 | 18 Pa.C.S. § 6320 (relating to sexual exploitation of |
17 | children). |
18 | 18 Pa.C.S. Ch. 76 Subch. C (relating to Internet |
19 | child pornography). |
20 | Received a criminal sentence pursuant to 42 Pa.C.S. § |
21 | 9712.1 (relating to sentences for certain drug offenses |
22 | committed with firearms). |
23 | Any offense listed under 42 Pa.C.S. § 9795.1 |
24 | (relating to registration). |
25 | (5) Is not awaiting trial or sentencing for additional |
26 | criminal charges, if a conviction or sentence on the |
27 | additional charges would cause the defendant to become |
28 | ineligible under this definition. |
29 | (6) Has not been found guilty or previously convicted of |
30 | violating section 13(a)(14), (30) or (37) of the act of April |
|
1 | 14, 1972 (P.L.233, No.64), known as The Controlled Substance, |
2 | Drug, Device and Cosmetic Act, where the sentence was imposed |
3 | pursuant to 18 Pa.C.S. § 7508(a)(1)(iii), (2)(iii), (3)(iii), |
4 | (4)(iii), (7)(iii) or (8)(iii) (relating to drug trafficking |
5 | sentencing and penalties). |
6 | "Program plan." An individualized plan recommended by the |
7 | department that contains approved treatment and other approved |
8 | programs designed to reduce recidivism risk of a specific |
9 | inmate. |
10 | § 4504. Recidivism risk reduction incentive programs. |
11 | (a) Authorization.--Subject to the provisions of this |
12 | chapter, the department may create or otherwise designate |
13 | treatment or other programs as recidivism risk reduction |
14 | incentive programs. |
15 | (b) Intent.--This chapter is intended to encourage eligible |
16 | offenders committed to the custody of the department to |
17 | participate in and successfully complete evidence-based programs |
18 | under this chapter that reduce the likelihood of recidivism and |
19 | improve public safety. |
20 | (c) Program requirements.--In accordance with the provisions |
21 | of this chapter, the department may designate a treatment |
22 | program or other program as a recidivism risk reduction |
23 | incentive program if there is appropriate scientific research |
24 | that demonstrates that the proposed program would likely reduce |
25 | overall recidivism rates or serious crime rates of program |
26 | participants. A recidivism risk reduction incentive program |
27 | designed to provide treatment in the form of a therapeutic |
28 | community for drug abuse or addiction shall meet the |
29 | requirements of an institutional therapeutic community as |
30 | defined under section 4103 (relating to definitions). |
|
1 | (d) Consultation.--The department shall consult with |
2 | appropriate research and technical assistance organizations, |
3 | such as the National Institute of Justice, the National |
4 | Institute of Corrections and the American Correctional |
5 | Association concerning evidence-based programs that reduce |
6 | recidivism risks of inmates and the scientific research relating |
7 | to those programs. |
8 | (e) Program approval process.-- |
9 | (1) The department shall publish, in a manner reasonably |
10 | calculated to inform, a detailed description of the program, |
11 | the types of inmates who will be eligible to participate in |
12 | the program, the name and citation of research reports that |
13 | demonstrate the effectiveness of the proposed program and the |
14 | name and address of a department contact person responsible |
15 | for receiving public comments. On the same date as |
16 | publication, the department shall also deliver a copy of the |
17 | list to the Judiciary Committee of the Senate, the Judiciary |
18 | Committee of the House of Representatives, the board, the |
19 | commission and the victim advocate. |
20 | (2) Upon consideration of the public comments and the |
21 | expiration of at least 60 days from the date of publication |
22 | required under paragraph (1), the department may designate |
23 | any program published as approved for inclusion in the |
24 | recidivism risk reduction incentive program. |
25 | § 4505. Sentencing. |
26 | (a) Generally.--At the time of sentencing, the court shall |
27 | make a determination whether the defendant is an eligible |
28 | offender. |
29 | (b) Waiver of eligibility requirements.--The prosecuting |
30 | attorney, in the prosecuting attorney's sole discretion, may |
|
1 | advise the court that the Commonwealth has elected to waive the |
2 | eligibility requirements of this chapter if the victim has been |
3 | given notice of the prosecuting attorney's intent to waive the |
4 | eligibility requirements and an opportunity to be heard on the |
5 | issue. The court, after considering victim input, may refuse to |
6 | accept the prosecuting attorney's waiver of the eligibility |
7 | requirements. |
8 | (c) Recidivism risk reduction incentive minimum sentence.-- |
9 | If the court determines that the defendant is an eligible |
10 | offender or the prosecuting attorney has waived the eligibility |
11 | requirements under subsection (b), the court shall enter a |
12 | sentencing order that does all of the following: |
13 | (1) Imposes the minimum and maximum sentences as |
14 | required under 42 Pa.C.S. § 9752 (relating to sentencing |
15 | proceeding generally). |
16 | (2) Imposes the recidivism risk reduction incentive |
17 | minimum sentence. The recidivism risk reduction incentive |
18 | minimum shall be equal to three-fourths of the minimum |
19 | sentence imposed when the minimum sentence is three years or |
20 | less. The recidivism risk reduction incentive minimum shall |
21 | be equal to five-sixths of the minimum sentence if the |
22 | minimum sentence is greater than three years. For purposes of |
23 | these calculations, partial days shall be rounded to the |
24 | nearest whole day. In determining the recidivism risk |
25 | reduction incentive minimum sentence, the aggregation |
26 | provisions of 42 Pa.C.S. §§ 9757 (relating to consecutive |
27 | sentences of total confinement for multiple offenses) and |
28 | 9762(f) (relating to sentencing proceeding; place of |
29 | confinement) shall apply. |
30 | (3) Notwithstanding paragraph (2), if the defendant was |
|
1 | previously sentenced to two or more recidivism risk reduction |
2 | incentive minimum sentences, the court may, in its |
3 | discretion, with the approval of the prosecuting attorney, |
4 | impose the recidivism risk reduction incentive minimum |
5 | sentence as provided for in paragraph (2). |
6 | (4) Complies with all other applicable sentencing |
7 | provisions, including provisions relating to victim |
8 | notification and the opportunity to be heard. |
9 | § 4506. Recidivism risk reduction incentive minimum. |
10 | (a) Generally.--The board or its designee shall issue a |
11 | decision to parole, without further review by the board, an |
12 | inmate who has been sentenced to a recidivism risk reduction |
13 | incentive minimum sentence at the expiration of that recidivism |
14 | risk reduction incentive minimum sentence upon a determination |
15 | that all of the following apply: |
16 | (1) The department certified that it has conducted an |
17 | appropriate assessment of the treatment needs and risks of |
18 | the inmate using nationally recognized assessment tools that |
19 | have been normed and validated. |
20 | (2) The department has certified that it developed a |
21 | program plan based on the assessment conducted under |
22 | paragraph (1) that is designed to reduce the risk of |
23 | recidivism through the use of recidivism risk reduction |
24 | incentive programs authorized and approved under this chapter |
25 | that are appropriate for that particular inmate. |
26 | (3) The department advised the inmate that the inmate is |
27 | required to successfully complete the program plan. |
28 | (4) The inmate has successfully completed all required |
29 | recidivism risk reduction incentive programs or other |
30 | programs designated in the program plan. |
|
1 | (5) The inmate has maintained a good conduct record |
2 | following the imposition of the recidivism risk reduction |
3 | incentive minimum sentence. |
4 | (6) The reentry plan for the inmate is adequate. |
5 | (7) Individual conditions and requirements for parole |
6 | have been established. |
7 | (8) Notice and opportunity to be heard was provided by |
8 | the board to the sentencing court and the prosecuting |
9 | attorney in a manner consistent with section 6137(g)(2) |
10 | (relating to parole power). |
11 | (9) The department has certified that the inmate |
12 | continues to be an eligible offender. In the event that a |
13 | recidivism risk reduction minimum sentence was imposed under |
14 | section 4505(b) (relating to sentencing), the department |
15 | certifies that it has not received additional information |
16 | demonstrating a history of past or present violent behavior |
17 | which was not available at the time of sentencing and the |
18 | prosecuting attorney was unaware of that information at the |
19 | time of sentencing. |
20 | (10) There is no reasonable indication that the inmate |
21 | poses a risk to public safety. |
22 | (b) Funding.--The department shall make all reasonable |
23 | efforts to seek appropriate funding and resources in order to |
24 | implement the recidivism risk reduction program. |
25 | (c) Program content.--Nothing in this section shall do any |
26 | of the following: |
27 | (1) Require the department to include recidivism risk |
28 | reduction programs in an individual program plan where the |
29 | risk assessment indicates that such a program is unlikely to |
30 | reduce recidivism for that particular inmate. |
|
1 | (2) Prohibit the department from including appropriate |
2 | community works or public service projects as part of the |
3 | program plan. |
4 | (3) Prohibit the department from making modifications to |
5 | the program plan at any time in order to ensure appropriate |
6 | treatment and recidivism risk reduction incentive program |
7 | placement. |
8 | (d) Adjudication.--Nothing in this section shall be |
9 | interpreted as granting a right to be paroled to any person, and |
10 | any decision by the board and its designees or the department, |
11 | under this section, shall not be considered an adjudication |
12 | under 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and |
13 | procedure of Commonwealth agencies) and Ch. 7 Subch. A (relating |
14 | to judicial review of Commonwealth agency action). |
15 | § 4507. Authority of board. |
16 | If an inmate has been sentenced by a court to a recidivism |
17 | risk reduction incentive minimum sentence and the inmate is not |
18 | paroled under this chapter, the board may grant parole. Except |
19 | as otherwise provided under this chapter, the board shall retain |
20 | its power and authority to parole, commit and reparole inmates |
21 | committed to the department. |
22 | § 4508. Written guidelines and regulations. |
23 | The department, upon consultation with the board, shall |
24 | develop written interim guidelines to assist in the |
25 | implementation of the provisions of this chapter. The interim |
26 | guidelines shall not be subject to the requirements of the act |
27 | of June 25, 1982 (P.L.633, No.181), known as the Regulatory |
28 | Review Act, and shall be effective for a period of two years |
29 | after publication in the Pennsylvania Bulletin. The interim |
30 | guidelines shall be replaced by regulations promulgated by the |
|
1 | department consistent with the Regulatory Review Act on or |
2 | before the date of expiration of the interim guidelines. |
3 | § 4509. Evaluation. |
4 | (a) General rule.--The department, the board and the |
5 | commission shall monitor and evaluate the recidivism risk |
6 | reduction incentive programs. Evaluations under this section |
7 | should be scientifically rigorous and seek to determine the |
8 | effectiveness of the programs, including whether specific |
9 | recidivism risk reduction incentive programs have reduced the |
10 | recidivism rates of the program participants as compared to |
11 | previously incarcerated and similarly situated inmates. |
12 | (b) Publication.--The department, the board and the |
13 | commission shall make evaluations conducted under this section |
14 | and underlying data available to the public. The publicly |
15 | available data and evaluations shall comply with generally |
16 | accepted practices of the research community, including |
17 | expectations relating to subject privacy and identifying |
18 | information. |
19 | § 4510. Reports. |
20 | (a) Recidivism risk reduction.--The department, the board |
21 | and the commission shall monitor and evaluate the recidivism |
22 | risk reduction incentive programs to ensure that the goals and |
23 | objectives of this chapter are met and shall report to the |
24 | General Assembly as follows: |
25 | (1) In odd-numbered years, the department shall present |
26 | a report of its evaluation to the Judiciary Committee of the |
27 | Senate and the Judiciary Committee of the House of |
28 | Representatives no later than February 1. The report shall |
29 | include all of the following: |
30 | (i) The number of inmates determined by the |
|
1 | department to be eligible offenders under this chapter |
2 | and the offenses for which the eligible offenders were |
3 | committed to the custody of the department. |
4 | (ii) The number of inmates committed to the custody |
5 | of the department who were subject to a recidivism risk |
6 | reduction incentive minimum sentence. |
7 | (iii) The number of inmates paroled at the |
8 | recidivism risk reduction incentive minimum date. |
9 | (iv) Any potential changes that would make the |
10 | program more effective. |
11 | (v) The six-month, one-year, three-year and five- |
12 | year recidivism rates for inmates released at the |
13 | recidivism risk reduction incentive minimum sentence. |
14 | (vi) Any other information the department deems |
15 | relevant. |
16 | (2) In even-numbered years, the commission shall present |
17 | a report of its evaluation to the Judiciary Committee of the |
18 | Senate and the Judiciary Committee of the House of |
19 | Representatives no later than February 1. The report shall |
20 | include all of the following: |
21 | (i) Whether the goals of this chapter could be |
22 | achieved through amendments to parole or sentencing |
23 | guidelines. |
24 | (ii) The various options for parole or sentencing |
25 | guidelines under subparagraph (i). |
26 | (iii) The status of any proposed or implemented |
27 | guidelines designed to implement the provisions of this |
28 | chapter. |
29 | (iv) Any potential changes to the program that would |
30 | be likely to reduce the risk of recidivism of inmates and |
|
1 | improve public safety. |
2 | (v) Any other information the commission deems |
3 | relevant. |
4 | (b) Educational plan.-- |
5 | (1) The Pennsylvania Commission on Crime and Delinquency |
6 | shall publish a report of a proposed educational program plan |
7 | within one year of the effective date of this section. The |
8 | proposed educational program plan shall be developed in |
9 | consultation with the department, the commission, the board, |
10 | the Pennsylvania District Attorneys Association, the victim |
11 | advocate and representatives of the judiciary and the |
12 | criminal defense bar and other criminal justice stakeholders. |
13 | (2) The plan shall seek to provide cost-effective |
14 | training or information through electronic means, |
15 | publications or continuing educational programs that address |
16 | the following topics: |
17 | (i) The treatment programs available through the |
18 | board and the department. |
19 | (ii) The availability of programs and eligibility |
20 | requirements that can reduce recidivism risk, including |
21 | State intermediate punishment, motivational boot camp and |
22 | recidivism risk reduction incentives programs. |
23 | (iii) The calculation of sentencing credit and |
24 | practices that could inadvertently prevent an inmate from |
25 | receiving sentence credit. |
26 | (iv) Recent statutory changes relating to |
27 | sentencing, place of confinement, medical releases, |
28 | transfer of inmates and parole. |
29 | § 4511. Construction of chapter. |
30 | Notwithstanding any other provision of law, this chapter |
|
1 | shall not be construed to do any of the following: |
2 | (1) Confer any legal right upon any individual, |
3 | including an individual participating in or seeking to |
4 | participate in a recidivism risk reduction incentive program, |
5 | to do any of the following: |
6 | (i) Participate in a recidivism risk reduction |
7 | incentive program. |
8 | (ii) Continue participation in a recidivism risk |
9 | reduction incentive program. |
10 | (iii) Modify the contents of the recidivism risk |
11 | reduction incentive program. |
12 | (iv) File any cause of action in any Federal or |
13 | State court challenging the department's determination |
14 | that a participant is to be suspended or expelled from or |
15 | that a participant has successfully completed or failed |
16 | to successfully complete any recidivism risk reduction |
17 | incentive program. |
18 | (2) Confer any legal right on any individual to be |
19 | released on parole under this chapter. |
20 | (3) Enlarge or limit the right of a participant to |
21 | appeal the participant's sentence. |
22 | § 4512. Applicability of chapter. |
23 | This chapter shall apply to persons incarcerated under the |
24 | supervision of the department. |
25 | CHAPTER 59 |
26 | MISCELLANEOUS PROVISIONS |
27 | Sec. |
28 | 5901. Physical welfare of inmates. |
29 | 5902. Contraband prohibited. |
30 | 5903. Inmate uniforms. |
|
1 | 5904. Assessment and collection of costs. |
2 | § 5901. Physical welfare of inmates. |
3 | (a) Physical exercise.-- |
4 | (1) A chief administrator who may or shall have in |
5 | charge any inmate, whether the inmate has been tried or not, |
6 | shall provide the inmate with at least two hours of daily |
7 | physical exercise in the open, weather permitting, and upon |
8 | such days on which the weather is inclement, with two hours |
9 | of daily physical exercise inside of the correctional |
10 | institution. |
11 | (2) The physical exercise must be safe and practical, |
12 | and the judges of several courts are to be the judges |
13 | thereof. |
14 | (3) Inmates in segregation or disciplinary status shall |
15 | receive a minimum of at least one hour of daily exercise five |
16 | days per week. |
17 | (b) Limitation.--The physical exercise required by |
18 | subsection (a) shall not be taken by an inmate within the |
19 | confines of his cell or room in which the inmate is confined. |
20 | (c) Applicability.--This section shall not apply to inmates |
21 | who are confined and not physically able to take the required |
22 | physical exercise. |
23 | § 5902. Contraband prohibited. |
24 | (a) Alcohol and drugs.--No spirituous or fermented liquor, |
25 | drug, medicine, poison, opium, morphine or any other kind or |
26 | character of narcotic shall, on any pretense whatever: |
27 | (1) be sold or given away in a correctional institution |
28 | or in any building appurtenant thereto, or on the land |
29 | granted to or owned or leased by the Commonwealth for the use |
30 | and benefit of inmates; or |
|
1 | (2) be brought into a correctional institution or any |
2 | building appurtenant thereto, or on to the land granted to or |
3 | owned or leased by the Commonwealth for the use of and |
4 | benefit of inmates, without a written permit signed by the |
5 | physician of the correctional institution specifying the |
6 | quantity and quality of the liquor or narcotic which may be |
7 | furnished to the inmate or employee in the prison and the |
8 | name of the inmate or employee for whom and the time when the |
9 | liquor or narcotic may be furnished, except the ordinary |
10 | hospital supply of the prisons. |
11 | (b) Permit.--The permit shall be delivered to and kept by |
12 | the chief administrator. |
13 | (c) No secured storage.--No spirituous or fermented liquor, |
14 | drug, medicine, poison, opium, morphine or any other kind or |
15 | character of narcotic shall be sold, given away or furnished, |
16 | either directly or indirectly, to an inmate, either in or |
17 | anywhere outside of the correctional institution, or be disposed |
18 | of in such manner or in such a place that it may be secured by |
19 | an inmate or employee of the prison. |
20 | (d) Tobacco.--Tobacco may be supplied and used, subject to |
21 | such regulations as may be adopted by the chief administrator. |
22 | (e) Weapons.--No weapon or other implement which may be used |
23 | to injure an inmate or person or in assisting an inmate to |
24 | escape from imprisonment shall: |
25 | (1) be sold, given away or furnished to an inmate in any |
26 | correctional institution or any building appurtenant thereto |
27 | or on the land granted to or owned or leased by the |
28 | Commonwealth for the use and benefit of inmates; |
29 | (2) be brought into any correctional institution or any |
30 | building appurtenant thereto, or on to the land granted to or |
|
1 | owned or leased by the Commonwealth for the use and benefit |
2 | of inmates; or |
3 | (3) be sold, given away or furnished, either directly or |
4 | indirectly, to an inmate, either in or anywhere outside of |
5 | the correctional institution, or be disposed of in such a |
6 | manner or in such a place that it may be secured by an inmate |
7 | in the correctional institution. |
8 | (f) Searches.--A chief administrator may search or cause to |
9 | have searched any person coming to the correctional institution |
10 | as a visitor, or in any other capacity, who is suspected of |
11 | having upon his person: |
12 | (1) any weapon or other implement which may be used to |
13 | injure an inmate or any other person or in assisting an |
14 | inmate to escape from imprisonment; or |
15 | (2) any spirituous or fermented liquor, drug, medicine, |
16 | poison, opium, morphine or any other kind or character of |
17 | narcotic. |
18 | (g) Penalty.--A person who violates any of the provisions of |
19 | this section commits a felony and shall, upon conviction, be |
20 | sentenced to pay a fine of not more than $1,000 or to |
21 | imprisonment for not more than five years, or both. |
22 | § 5903. Inmate uniforms. |
23 | While incarcerated, an inmate of a State correctional |
24 | institution shall wear identifiable prison uniforms and shall |
25 | not wear civilian clothing. |
26 | § 5904. Assessment and collection of costs. |
27 | (a) Power of department.--When the department determines |
28 | that there has been a financial loss or cost as a result of a |
29 | violation of a written rule governing inmate behavior, |
30 | including, but not limited to, property loss or damage or use of |
|
1 | a controlled substance, the department may require the inmate to |
2 | pay to the department, or to the person whose property has been |
3 | lost or damaged, the value of the property or the costs incurred |
4 | in the investigation and administrative review of the behavior. |
5 | (b) Procedures.--The department shall develop written |
6 | procedures relating to the determination, assessment and |
7 | collection of the costs of losses due to inmate misconduct. When |
8 | the procedures have been adopted by the department, the |
9 | provisions of 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and |
10 | procedure of Commonwealth agencies) shall not apply to |
11 | proceedings conducted by the department under this section. |
12 | (c) Deduction from inmate's institutional account.-- |
13 | (1) The department may deduct from an inmate's |
14 | institutional account the amount of any judgment, court- |
15 | ordered costs or assessments against the inmate under |
16 | subsection (a). |
17 | (2) Notice of the deduction shall be provided to the |
18 | inmate by certified mail or personal notice. |
19 | PART IV |
20 | PROBATION AND PAROLE |
21 | Chapter |
22 | 61. Pennsylvania Board of Probation and Parole |
23 | 63. County Probation Officers' Firearm Education and |
24 | Training |
25 | CHAPTER 61 |
26 | PENNSYLVANIA BOARD OF PROBATION AND PAROLE |
27 | Subchapter |
28 | A. Preliminary Provisions |
29 | B. Administration |
30 | C. Powers and Duties |
|
1 | D. State Parole Agents |
2 | SUBCHAPTER A |
3 | PRELIMINARY PROVISIONS |
4 | Sec. |
5 | 6101. Definitions. |
6 | 6102. Operation of parole system generally. |
7 | § 6101. Definitions. |
8 | The following words and phrases when used in this chapter |
9 | shall have the meanings given to them in this section unless the |
10 | context clearly indicates otherwise: |
11 | "Board." The Pennsylvania Board of Probation and Parole. |
12 | § 6102. Operation of parole system generally. |
13 | The parole system shall operate consistently with the |
14 | following provisions: |
15 | (1) The parole system provides several benefits to the |
16 | criminal justice system, including the provision of adequate |
17 | supervision of the offender while protecting the public, the |
18 | opportunity for the offender to become a useful member of |
19 | society and the diversion of appropriate offenders from |
20 | prison. |
21 | (2) In providing these benefits to the criminal justice |
22 | system, the board and any other paroling entity shall first |
23 | and foremost seek to protect the safety of the public. |
24 | (3) In addition to this goal, the board and any other |
25 | paroling entity shall address input by crime victims, assist |
26 | in the fair administration of justice by ensuring the |
27 | custody, control and treatment of paroled offenders, shall |
28 | consider any applicable guidelines established by the |
29 | commission and shall ensure that parole proceedings, release |
30 | and recommitment are administered in an efficient and timely |
|
1 | manner. |
2 | SUBCHAPTER B |
3 | ADMINISTRATION |
4 | Sec. |
5 | 6111. Pennsylvania Board of Probation and Parole. |
6 | 6112. Board chairperson. |
7 | 6113. Board action. |
8 | 6114. Salaries of board members. |
9 | 6115. Incompatible offices and removal. |
10 | 6116. Meetings. |
11 | 6117. Official seal. |
12 | 6118. Offices. |
13 | 6119. District directors. |
14 | 6120. District office employees. |
15 | 6121. Disciplinary action. |
16 | 6122. Political activities. |
17 | 6123. Advisory committee. |
18 | § 6111. Pennsylvania Board of Probation and Parole. |
19 | (a) Establishment.--The Pennsylvania Board of Probation and |
20 | Parole is reestablished as an independent administrative board | <-- |
21 | for the administration of the probation and parole laws of this |
22 | Commonwealth. |
23 | (b) Membership.--The board shall consist of nine members who |
24 | shall be appointed by the Governor, by and with the advice and |
25 | consent of a majority of the members of the Senate, and each of |
26 | whom shall hold office for a term of six years or until that |
27 | person's successor shall have been duly appointed and qualified, |
28 | but in no event more than 90 days beyond the expiration of that |
29 | person's appointed term. |
30 | (c) Vacancies.-- |
|
1 | (1) Vacancies occurring in an office of a member of the |
2 | board by expiration of term, death, resignation, removal or |
3 | for any other reason shall be filled in the manner provided |
4 | by section 8 of Article IV of the Constitution of |
5 | Pennsylvania for the remainder of the term. |
6 | (2) Whenever a board member's term expires, that |
7 | member's position shall be immediately deemed a vacancy, and |
8 | the Governor shall nominate a person to fill that membership |
9 | position on the board within 90 days of the date of |
10 | expiration, even if the member continues to remain on the |
11 | board. |
12 | (d) Eligibility.--To be eligible to be appointed by the |
13 | Governor for membership on the board, an individual shall have |
14 | at least six years of professional experience in parole, |
15 | probation, social work or related areas, including one year in a |
16 | supervisory or administrative capacity, and a bachelor's degree. |
17 | Any equivalent combination of experience and training shall be |
18 | acceptable. |
19 | (e) General powers.--Subject to the provisions of this |
20 | chapter, the board shall have all the powers and shall perform |
21 | the duties generally vested in and imposed upon independent |
22 | administrative boards and commissions by the act of April 9, |
23 | 1929 (P.L.177, No.175), known as The Administrative Code of |
24 | 1929, and shall be subject to all the provisions of that act |
25 | applicable generally to independent administrative boards and |
26 | commissions. |
27 | § 6112. Board chairperson. |
28 | (a) Designation by Governor.--The Governor shall, from time |
29 | to time, as the occasion may arise, designate one of the members |
30 | of the board to be its chairperson who shall: |
|
1 | (1) Direct the operations, management and administration |
2 | of the board and fulfill the functions established by this |
3 | chapter. |
4 | (2) Secure the effective application of the probation |
5 | system in all of the courts of this Commonwealth and the |
6 | enforcement of the probation laws. |
7 | (3) Preside at all meetings of the board. |
8 | (4) Perform all the duties and functions of chairperson, |
9 | including organizing, staffing, controlling, directing and |
10 | administering the work of the staff. |
11 | (5) Administer the proceedings of the board to ensure |
12 | efficient and timely procedures for parole board decisions, |
13 | parole releases, discharges and recommitments. |
14 | (b) Alternate chairperson.--The board may designate one of |
15 | its members to act as alternate chairperson during the absence |
16 | or incapacity of the chairperson and, when so acting, the member |
17 | so designated shall have and perform all the powers and duties |
18 | of chairperson of the board, but shall not receive any |
19 | additional compensation for acting as chairperson. |
20 | (c) Subject to board policies and procedures.--The | <-- |
21 | chairperson and alternate chairperson, in performing the duties |
22 | of that office as they relate to parole, reparole and violation |
23 | and revocation proceedings, shall act in accordance with the |
24 | policies and procedures established by the board. |
25 | § 6113. Board action. |
26 | (a) Quorum.-- |
27 | (1) A majority of the board shall constitute a quorum |
28 | for transacting business and, except as otherwise provided in |
29 | this chapter and Chapter 45 (relating to recidivism risk |
30 | reduction incentive), a majority vote of those present at any |
|
1 | meeting shall be sufficient for any official action taken by |
2 | the board. |
3 | (2) Except as provided in subsections (b), (c), (d) and |
4 | (e) and Chapter 45, no person shall be paroled or discharged |
5 | from parole or have his parole revoked, except by a majority |
6 | of the entire membership of the board. |
7 | (b) Panel decisions.--The board may make decisions on |
8 | parole, reparole, return or revocation in panels of two persons. |
9 | A panel shall consist of one board member and one hearing |
10 | examiner or of two board members. Panels shall be appointed by |
11 | the chairperson or the chairperson's designee. |
12 | (c) Disagreement within panel.-- |
13 | (1) If there is disagreement on a decision to parole |
14 | between the members of a panel, the matter shall be decided |
15 | by a board member appointed by the chairperson or the |
16 | chairperson's designee, who shall concur with one of the |
17 | original panel members. |
18 | (2) If there is disagreement on a revocation decision |
19 | between the members of the panel, the matter shall be decided |
20 | by three board members appointed by the chairperson or the |
21 | chairperson's designee; at least two of these members must |
22 | not have been on the disagreeing panel, if practicable. |
23 | (d) Appeal.-- |
24 | (1) An interested party may appeal a revocation decision |
25 | within 30 days of the board's order. The decision shall be |
26 | reviewed by three board members appointed by the chairperson |
27 | or the chairperson's designee. |
28 | (2) If practicable, at least two of the board members |
29 | reviewing the decision must not have been on the panel whose |
30 | decision is being appealed. The three board members deciding |
|
1 | the appeal may affirm, reverse or remand the decision of the |
2 | panel or may order the matter be heard de novo. |
3 | (e) Decision without review.--Subject to the provisions of |
4 | section 6137(g) (relating to parole power), the board or its |
5 | designee may issue a decision to parole an eligible offender as |
6 | defined under section 4503 (relating to definitions) without |
7 | further review by the board. |
8 | § 6114. Salaries of board members. |
9 | The Executive Board shall determine the salaries to be paid |
10 | to the members of the board. |
11 | § 6115. Incompatible offices and removal. |
12 | (a) General rule.--The members of the board shall not hold |
13 | any other public office or employment nor engage in any |
14 | business, profession or employment during their terms of service |
15 | as members thereof and shall hold their offices during the terms |
16 | for which they shall have been appointed. |
17 | (b) Procedure for removal.-- |
18 | (1) A member of the board may be removed for cause by | <-- |
19 | the Governor, by and with the advice and consent of two- |
20 | thirds of the members of the Senate. |
21 | (2) During a recess of the Senate, the Governor may |
22 | suspend a member of the board for cause, and before |
23 | suspension, the Governor shall furnish to the member a |
24 | statement in writing of the reasons for the proposed |
25 | suspension of the member. The suspension shall operate and be |
26 | effective only until the adjournment of the next session of |
27 | the Senate following the suspension. |
28 | § 6116. Meetings. |
29 | (a) General rule.--As soon as may be convenient after their |
30 | appointment, the members of the board shall meet and organize. |
|
1 | (b) Appointment of secretary.--The members of the board |
2 | shall appoint a secretary, who: |
3 | (1) Shall not be a member of the board. |
4 | (2) Shall hold office at the pleasure of the board. |
5 | (3) Shall have such powers and perform such duties not |
6 | inconsistent with any law of this Commonwealth as the board |
7 | shall prescribe. |
8 | (4) Shall receive such compensation as the board shall |
9 | determine in conformity with the rules of the Executive |
10 | Board. |
11 | (c) Temporary secretary.--In the absence or incapacity of |
12 | the secretary to act, the board may designate such other person |
13 | as it may choose to perform temporarily the duties of secretary. |
14 | § 6117. Official seal. |
15 | The board shall adopt an official seal by which its acts and |
16 | proceedings shall be authenticated and of which the courts shall |
17 | take judicial notice. The certificate of the chairperson of the |
18 | board, under the seal of the board and attested by the |
19 | secretary, shall be accepted in evidence in any judicial |
20 | proceeding in any court of this Commonwealth as adequate and |
21 | sufficient proof of the acts and proceedings of the board |
22 | referenced in the certificate. |
23 | § 6118. Offices. |
24 | (a) Principal office.--The principal office of the board |
25 | shall be in Harrisburg, and the board shall appoint and employ |
26 | such number and character of officers, agents, clerks, |
27 | stenographers and employees as may be necessary to carry out the |
28 | purposes of this chapter. The salaries of persons so appointed |
29 | and employed by the board shall be fixed by the board. |
30 | (b) District offices.--The board, with the approval of the |
|
1 | Governor, shall divide the Commonwealth for administrative |
2 | purposes into a suitable number of districts, not to exceed ten, |
3 | in each of which shall be a district office which shall have |
4 | immediate charge of the supervision of cases of probation and |
5 | parole arising in the courts of the judicial districts embraced |
6 | within its territorial limits, but, as occasion may require, the |
7 | supervision of particular parolees may be transferred by the |
8 | board to other appropriate parole districts. |
9 | (c) Location of district offices.-- |
10 | (1) The board shall fix and determine the location of |
11 | the various district offices within their respective |
12 | districts, having regard to local conditions in each district |
13 | and to the most convenient and efficient functioning of the |
14 | office established in each district. |
15 | (2) At each of the locations so fixed and determined, |
16 | the board shall provide such office accommodations, |
17 | furniture, equipment and supplies as may be reasonably |
18 | suitable and adequate for the proper handling and dispatch of |
19 | the parole business of the district. |
20 | (3) The board may enter into contracts on behalf of the |
21 | Commonwealth for such office accommodations, furniture, |
22 | equipment and supplies through the Department of General |
23 | Services. |
24 | (d) Consideration for fixing compensation.--In fixing |
25 | compensation for its officers, clerks and employees under the |
26 | provisions of this chapter, the board shall have regard to the |
27 | kind, grade or class of service to be rendered, and whenever any |
28 | standard compensation has been fixed by the Executive Board for |
29 | any kind, grade or class of service or employment, the |
30 | compensation of all persons appointed or employed by the board |
|
1 | in the same kind, grade or class shall be fixed by it in |
2 | accordance with such standard. |
3 | § 6119. District directors. |
4 | (a) Establishment.--Each district parole office shall be in | <-- |
5 | charge of have a district director who: | <-- |
6 | (1) Shall be appointed by the board, with the approval |
7 | of the Governor. |
8 | (2) Shall receive such annual salary as the board shall |
9 | determine in conformity with the rules of the Executive |
10 | Board. |
11 | (b) Status and role.--The district director shall be the |
12 | executive head of the district office to which the district |
13 | supervisor is appointed and shall have the control, management |
14 | and direction of all employees of the board assigned to the |
15 | district, subject to the supervision of the board. |
16 | § 6120. District office employees. |
17 | (a) Board to appoint.--The board shall appoint in the |
18 | various district offices a sufficient number of parole officers, |
19 | clerks, stenographers and other agents and employees to fully |
20 | and efficiently administer the parole laws of this Commonwealth, |
21 | but no employee of the board, other than its secretary and |
22 | district supervisors, shall be appointed by the board except in |
23 | the manner provided by this chapter. |
24 | (b) Salaries and qualifications.--The salaries of the |
25 | appointees in subsection (a) shall be fixed by the board. The |
26 | board shall from time to time by appropriate rule or regulation |
27 | prescribe the qualifications to be possessed by its personnel. |
28 | The qualifications shall be such as will best promote the |
29 | efficient operation of probation and parole. |
30 | § 6121. Disciplinary action. |
|
1 | (a) General rule.--Except as otherwise provided in |
2 | subsection (b), an employee of the board, excluding the |
3 | secretary and district supervisors, may be removed, discharged |
4 | or reduced in pay or position only for cause and after being |
5 | given the reasons therefore in writing and afforded an |
6 | opportunity to be heard in answer thereto. |
7 | (b) Exception.--An employee may be suspended without pay and |
8 | without hearing for a period not exceeding 30 days, but the |
9 | reason or reasons for the suspension must be given to the |
10 | employee by the board in writing. |
11 | (c) Successive suspensions.--There shall not be any |
12 | successive suspensions of the same employee under this section. |
13 | § 6122. Political activities. |
14 | (a) General rule.--No member of the board, or officer, clerk |
15 | or employee thereof, or any person officially connected with the |
16 | board: |
17 | (1) Shall take any active part in politics or be a |
18 | member of or delegate or alternate to any political |
19 | convention or be present at such convention, except in the |
20 | performance of that person's official duties under this |
21 | chapter. |
22 | (2) Shall serve as a member of or attend the meetings of |
23 | any committee of any political party, or take any part in |
24 | political management or political campaigns, or use that |
25 | person's office to influence political movements, or to |
26 | influence the action of any other officer, clerk or employee |
27 | of the board. |
28 | (3) Shall in any way or manner interfere with or |
29 | participate in the conduct of any election or the preparation |
30 | therefore at the polling place, or with the election officers |
|
1 | while counting the votes or returning the ballot boxes, |
2 | books, papers, election paraphernalia and machinery to the |
3 | place provided by law, or be within any polling place, except |
4 | for the purpose of voting as speedily as it reasonably can be |
5 | done or be otherwise within 50 feet or any polling place, |
6 | except for purposes of ordinary travel or residence during |
7 | the period of time beginning with one hour preceding the |
8 | opening of the polls for holding the election and ending with |
9 | the time when the election officers shall have finished |
10 | counting the votes and have left the polling place. |
11 | (4) Shall directly or indirectly make or give, demand or |
12 | solicit or be in any manner concerned in making, giving, |
13 | demanding, soliciting or receiving any assessments, |
14 | subscriptions or contributions, whether voluntary or |
15 | involuntary, to any political party or for any political |
16 | purpose whatsoever. |
17 | (b) Penalty.--Any person who violates any of the provisions |
18 | of this section: |
19 | (1) Commits a misdemeanor of the third degree, and, upon |
20 | conviction thereof, shall be punished by a fine not exceeding |
21 | $500 and imprisonment not exceeding one year, or both. |
22 | (2) Shall forfeit that person's office or employment, as |
23 | the case may be. |
24 | (3) Shall not thereafter be appointed or employed by the |
25 | board in any position or capacity whatsoever. |
26 | (c) Dismissal required.--The board shall dismiss any |
27 | officer, clerk or employee thereof who shall violate this |
28 | section from that person's office or employment. |
29 | § 6123. Advisory committee. |
30 | (a) Establishment.--An advisory committee on probation is |
|
1 | reestablished to assist the board. |
2 | (b) Composition.--The advisory committee shall consist of |
3 | nine members, seven of whom shall be appointed by the Governor, |
4 | with the consent of a majority of the members of the Senate. At |
5 | least two shall be judges of courts of record of this |
6 | Commonwealth, at least one shall be a county commissioner, at |
7 | least one shall be a chief county probation officer, and the |
8 | remaining members shall be qualified in the field of probation |
9 | and parole either by training or experience. The President pro |
10 | tempore of the Senate and the Speaker of the House of |
11 | Representatives shall each appoint a member of their respective |
12 | houses to serve as members of the committee. |
13 | (c) Terms.-- |
14 | (1) The term of a member hereafter appointed, except to |
15 | fill a vacancy, shall be for four years and until their |
16 | successors have been appointed and qualified, but in no event |
17 | more than 90 days beyond the expiration of their appointed |
18 | term. |
19 | (2) The terms of members of the committee who are |
20 | appointed by virtue of holding an office as a member of the |
21 | General Assembly, judge, chief county probation officer or | <-- |
22 | county commissioner shall continue only so long as that |
23 | person remains in that office. |
24 | (3) Vacancies occurring in an office of a member of the |
25 | advisory committee by expiration of term, death, resignation, |
26 | removal or for any other reason shall be filled in the manner |
27 | provided by section 8 of Article IV of the Constitution of |
28 | Pennsylvania for the remainder of the term. |
29 | (4) Whenever the term of an advisory committee member, |
30 | other than one who is a member of the General Assembly, |
|
1 | expires, that member's position shall be immediately deemed a |
2 | vacancy, and the Governor shall nominate a person to fill |
3 | that membership position on the committee within 90 days of |
4 | the date of expiration, even if the member continues to |
5 | remain on the committee. The Governor shall designate one of |
6 | the members of the committee as its chairperson. |
7 | (d) Reimbursement of expenses.--Each member of the advisory |
8 | committee shall be paid all reasonable and necessary travel and |
9 | other expenses incurred by him in the performance of his duties. |
10 | (e) Assistance to be provided.--The advisory committee shall |
11 | aid the chairperson and the board in formulating and reviewing |
12 | standards for probation personnel and probation services in the |
13 | counties. |
14 | SUBCHAPTER C |
15 | POWERS AND DUTIES |
16 | Sec. |
17 | 6131. General powers of board. |
18 | 6132. Specific powers of board involving parolees. |
19 | 6133. Probation services. |
20 | 6134. Sentencing court to transmit records to board. |
21 | 6134.1. General criteria for parole by court. |
22 | 6135. Investigation of circumstances of offense. |
23 | 6136. Right of access to inmates. |
24 | 6137. Parole power. |
25 | 6138. Violation of terms of parole. |
26 | 6139. Parole procedure. |
27 | 6140. Victim statements, testimony and participation in |
28 | hearing. |
29 | 6141. General rules and special regulations. |
30 | 6142. Investigations for the Board of Pardons. | <-- |
|
1 | § 6131. General powers of board. |
2 | (a) General rule.--The board shall have the power and its |
3 | duty shall be: |
4 | (1) To supervise and make presentence investigations and |
5 | reports as provided by law. |
6 | (2) To collect and maintain copies of all presentence |
7 | investigations and reports. |
8 | (3) To collect and maintain a record of all persons who |
9 | are placed on probation and parole. |
10 | (4) To collect, compile and publish statistical and |
11 | other information relating to probation and parole work in |
12 | all courts and such other information the board may deem of |
13 | value in probation service. |
14 | (5) To establish, by regulation, uniform Statewide |
15 | standards for: |
16 | (i) Presentence investigations. |
17 | (ii) The supervision of probationers. |
18 | (iii) The qualifications for probation personnel. |
19 | (iv) Minimum salaries. |
20 | (v) Quality of probation service. |
21 | The standards for the qualifications of probation personnel |
22 | shall only apply to probation personnel appointed after the |
23 | date the standards are established. Should any probation |
24 | personnel appointed prior to the date the standards were |
25 | established fail to meet the standards, the court having |
26 | jurisdiction of such personnel may request the board to |
27 | establish in-service training for them in accordance with the |
28 | standards. |
29 | (6) To adopt regulations establishing specific |
30 | composition, functions and responsibilities for citizens |
|
1 | advisory committees and to receive reports, recommendations |
2 | or other input concerning parole policies and parole-related |
3 | concerns from the committees on a regular basis. |
4 | (7) To adopt regulations establishing criteria for board |
5 | acceptance of cases for supervision and presentence |
6 | investigations from counties that on December 31, 1985, |
7 | maintained adult probation offices and parole systems. |
8 | (8) To enter into contracts for purchasing community |
9 | services to assist parolees and to supplement existing |
10 | programs. |
11 | (9) To pay the cost of preparole drug screening tests |
12 | for inmates within the parole release jurisdiction of the |
13 | board, who are confined in a State or local correctional |
14 | facility, as required under section 6137 (relating to parole |
15 | power). |
16 | (10) To enter into contracts which provide for the |
17 | continuous electronic monitoring of parolees. |
18 | (11) To establish and provide for intensive supervision |
19 | units and day reporting centers for the supervision of |
20 | parolees. |
21 | (12) To provide information as required under 42 Pa.C.S. |
22 | § 2153(a)(14) (relating to powers and duties) as requested by |
23 | the commission. |
24 | (b) Court-appointed probation officers to submit information |
25 | to board.--A court that appoints a probation officer shall |
26 | require the probation officer to submit to the board such |
27 | information as the board may require on forms prescribed and |
28 | furnished by the board. |
29 | (c) Access to county records.--The board shall have free and |
30 | ready access to all probation and parole records of any county. |
|
1 | § 6132. Specific powers of board involving parolees. |
2 | (a) General rule.--The board shall have exclusive power: |
3 | (1) (i) To parole and reparole, commit and recommit for |
4 | violations of parole and to discharge from parole all |
5 | persons sentenced by any court at any time to |
6 | imprisonment in a correctional facility institution. | <-- |
7 | (ii) This paragraph applies to inmates sentenced to |
8 | definite or terms of imprisonment flat sentences. | <-- |
9 | (2) (i) To supervise any person placed on parole, when |
10 | sentenced to a maximum period of less than two years, by |
11 | any judge of a court having criminal jurisdiction, when |
12 | the court may by special order direct supervision by the |
13 | board, in which case the parole case shall be known as a |
14 | special case and the authority of the board with regard |
15 | thereto shall be the same as provided in this chapter |
16 | with regard to parole cases within one of the |
17 | classifications set forth in this chapter. |
18 | (ii) Except for such special cases, the powers and |
19 | duties conferred by this section shall not extend to |
20 | persons sentenced for a maximum period of less than two |
21 | years and shall not extend to those persons committed to |
22 | county confinement within the jurisdiction of the court |
23 | pursuant to 42 Pa.C.S. § 9762(b)(2) (relating to |
24 | sentencing proceeding; place of confinement). |
25 | (b) Construction.--Nothing contained in this section shall |
26 | be construed to prevent a court from paroling any person |
27 | sentenced by it for a maximum period of less than two years or |
28 | from paroling a person committed to county confinement within |
29 | the jurisdiction of the court pursuant to 42 Pa.C.S. § 9762(b) |
30 | (2). |
|
1 | (c) Definition.--As used in this section, "period of two |
2 | years" means the entire continuous term of sentence to which a |
3 | person is subject, whether for one or more sentences, either to |
4 | simple imprisonment or to an indeterminate imprisonment as |
5 | authorized by law to be imposed for criminal offenses. |
6 | § 6133. Probation services. |
7 | (a) General rule.--The board shall have exclusive power to |
8 | supervise any person placed on probation by any judge of a court |
9 | having criminal jurisdiction, when the court by special order |
10 | directs supervision by the board. |
11 | (b) Presentence investigations.--The board shall make |
12 | presentence investigations when requested to do so by the court. |
13 | (c) Grant-in-aid.-- |
14 | (1) A county that provides additional probation staff |
15 | for presentence investigations and improved probation |
16 | supervision and program shall receive a grant-in-aid from the |
17 | Commonwealth through the board for additional cost incurred |
18 | thereby but only to the extent that the additional staff and |
19 | program meet the qualifications and standards established by |
20 | the board. |
21 | (2) The grant-in-aid shall provide 80% of the personnel |
22 | salary costs incurred by a county to administer these |
23 | additional services and programs. |
24 | (3) If insufficient funds are appropriated, each county |
25 | shall receive a prorated reduction in the grant-in-aid. |
26 | (4) The board shall establish rules and regulations for |
27 | the allocation of funds available for such grants-in-aid. |
28 | (d) In-service training.--The board shall provide in-service |
29 | training for personnel of county probation offices when |
30 | requested to do so by the court having jurisdiction of the |
|
1 | probation office. |
2 | § 6134. Sentencing court to transmit records to board. |
3 | (a) Duty to transmit.--A court sentencing any person for a |
4 | term as to which power to parole is given to the board in this |
5 | chapter shall transmit to the board, within 30 days after the |
6 | imposition of the sentence: |
7 | (1) A copy of the notes of testimony of the sentencing |
8 | hearing that may have been filed of record in the case. |
9 | (2) Copies of any criminal identification records |
10 | secured from the Federal Bureau of Investigation. |
11 | (3) Copies of presentence investigation reports and |
12 | behavior clinic reports, if any were submitted to the court, |
13 | the last two of which records, being confidential records of |
14 | the court, shall be treated confidentially by the members of |
15 | the board, who shall not permit examination of the records by |
16 | anyone other than its duly appointed agents or |
17 | representatives except upon court order. |
18 | (b) Recommendations from judge.-- |
19 | (1) A judge may make at any time a recommendation to the |
20 | board respecting the person sentenced and the term of |
21 | imprisonment the judge believes that person should be |
22 | required to serve before a parole is granted to that person. |
23 | (2) A recommendation made by a judge under paragraph (1) |
24 | respecting the parole or terms of parole of a person shall be |
25 | advisory only. No order in respect to the recommendation made |
26 | or attempted to be made as a part of a sentence shall be |
27 | binding upon the board in performing the duties and functions |
28 | conferred on it by this chapter. |
29 | § 6134.1. General criteria for parole by court. |
30 | (a) Guidelines.--The court may parole or reparole subject to |
|
1 | consideration of guidelines established under 42 Pa.C.S. § |
2 | 2154.5 (relating to adoption of guidelines for parole). |
3 | (b) Report of decision to commission.--If a court paroles or |
4 | reparoles a person, the court shall report the parole or |
5 | reparole decision and shall provide a contemporaneous written |
6 | statement for any deviation from the guidelines established |
7 | under 42 Pa.C.S. § 2154.5, to the commission under 42 Pa.C.S. § |
8 | 2153(a)(14) (relating to powers and duties). |
9 | (c) Procedure.-- |
10 | (1) Prior to making a decision to parole a person |
11 | committed to county confinement within the jurisdiction of |
12 | the court pursuant to 42 Pa.C.S. § 9762(b)(2) (relating to |
13 | sentencing procedure; place of confinement) from a sentence |
14 | of imprisonment imposed following conviction for a personal |
15 | injury crime, each victim who has registered to receive |
16 | victim services in connection with the personal injury crime |
17 | shall be given an opportunity by the court to submit a |
18 | preparole statement to the court expressing concerns or |
19 | recommendations regarding the parole or parole supervision of |
20 | the person. |
21 | (2) The district attorney shall, immediately following |
22 | sentence in cases where a sentence of confinement has been |
23 | imposed and the sentenced person remains within the |
24 | jurisdiction of the court pursuant to 42 Pa.C.S. § 9762(b) |
25 | (2), notify all registered victims that they shall have the |
26 | opportunity to submit a preparole statement to the court. |
27 | (3) Victims shall notify the court of their intention to |
28 | submit a preparole statement and shall provide and keep |
29 | current an appropriate mailing address. |
30 | (4) Preparole statements submitted pursuant to this |
|
1 | subsection shall be subject to the confidentiality provisions |
2 | contained in section 6140 (relating to victim statements, |
3 | testimony and participation in hearing) applicable to |
4 | preparole statements submitted to the board and shall be |
5 | considered by the court prior to any parole decision, and |
6 | each victim submitting a preparole statement shall be given |
7 | notice of the court's parole decision. |
8 | (d) Definitions.--As used in this section, the following |
9 | words and phrases shall have the meanings given to them in this |
10 | subsection: |
11 | "Personal injury crime." The term shall have the meaning set |
12 | forth in section 103 of the act of November 24, 1998 (P.L.882, |
13 | No.111), known as the Crime Victims Act. |
14 | "Victim." The term shall mean, in addition to the meaning |
15 | set forth in section 103 of the act of November 24, 1998 (P.L. |
16 | 882, No.111), known as the Crime Victims Act, a member of the |
17 | victim's family if the victim is incapable of communicating or |
18 | has died. |
19 | § 6135. Investigation of circumstances of offense. |
20 | (a) Duty to investigate.--The board, on the commitment to a |
21 | correctional facility of any person whom the board is given the |
22 | power to parole under this chapter, shall consider: |
23 | (1) The nature and circumstances of the offense |
24 | committed. |
25 | (2) Any recommendations made by the trial judge and |
26 | prosecuting attorney. |
27 | (3) The general character and background of the inmate. |
28 | (4) Participation by an inmate sentenced after February |
29 | 19, 1999, and who is serving a sentence for a crime of |
30 | violence as defined in 42 Pa.C.S. § 9714(g) (relating to |
|
1 | sentences for second and subsequent offenses) in a victim |
2 | impact education program offered by the Department of |
3 | Corrections. |
4 | (5) The written or personal statement of the testimony |
5 | of the victim or the victim's family submitted under section |
6 | 6140 (relating to victim statements, testimony and |
7 | participation in hearing). |
8 | (6) The notes of testimony of the sentencing hearing, if |
9 | any, together with such additional information regarding the |
10 | nature and circumstances of the offense committed for which |
11 | sentence was imposed as may be available. |
12 | (7) The conduct of the person while in prison and his |
13 | physical, mental and behavioral condition and history, his |
14 | history of family violence and his complete criminal record. |
15 | (b) Cooperation of public officials.--A public official who |
16 | possesses such records or information shall furnish the records |
17 | or information to the board upon its request and without charge |
18 | so far as may be practicable while the case is recent. |
19 | § 6136. Right of access to inmates. |
20 | All prison officials shall: |
21 | (1) At all reasonable times grant access to any inmate |
22 | whom the board has power to parole to the members of the |
23 | board or its properly accredited representatives. |
24 | (2) At all reasonable times provide for the board or its |
25 | properly accredited representative facilities for |
26 | communicating with and observing an inmate while imprisoned. |
27 | (3) Furnish to the board from time to time such reports |
28 | concerning the conduct of inmates in their custody as the |
29 | board shall by general rule or special order require, |
30 | together with any other facts deemed pertinent in aiding the |
|
1 | board to determine whether such inmates shall be paroled. |
2 | § 6137. Parole power. |
3 | (a) General criteria for parole.-- |
4 | (1) The board may parole subject to consideration of |
5 | guidelines established under 42 Pa.C.S. § 2154.5 (relating to |
6 | adoption of guidelines for parole) and may release on parole |
7 | any inmate to whom the power to parole is granted to the |
8 | board by this chapter, except an inmate condemned to death or |
9 | serving life imprisonment, whenever in its opinion: |
10 | (i) The best interests of the inmate justify or |
11 | require that the inmate be paroled. |
12 | (ii) It does not appear that the interests of the |
13 | Commonwealth will be injured by the inmate's parole. |
14 | (2) Parole shall be subject in every instance to the |
15 | Commonwealth's right to immediately retake and hold in |
16 | custody without further proceedings any parolee charged after |
17 | his parole with an additional offense until a determination |
18 | can be made whether to continue his parole status. |
19 | (3) The power to parole granted under this section to |
20 | the board may not be exercised in the board's discretion at |
21 | any time before, but only after, the expiration of the |
22 | minimum term of imprisonment fixed by the court in its |
23 | sentence or by the Board of Pardons in a sentence which has |
24 | been reduced by commutation. |
25 | (4) In no case shall the board Unless the inmate has | <-- |
26 | served at least one year in a prerelease center, the board |
27 | shall not act upon an application of an inmate who is granted | <-- |
28 | clemency by the Governor, is subject to parole supervision |
29 | and: |
30 | (i) whose term of imprisonment was commuted from |
|
1 | life to life on parole; |
2 | (ii) who was serving a term of imprisonment for a |
3 | crime of violence; or |
4 | (iii) who is serving a sentence under 42 Pa.C.S. § |
5 | 9712 (relating to sentences for offenses committed with |
6 | firearms) unless the inmate has served at least one year | <-- |
7 | in a prerelease center. |
8 | (5) Upon parole, a parolee subject to paragraph (3) | <-- |
9 | shall be subject to weekly supervision for the first six |
10 | months of parole. |
11 | (5) Upon parole, a parolee subject to paragraph (4) | <-- |
12 | shall: |
13 | (i) be subject to weekly supervision for the first |
14 | six months of parole; and |
15 | (ii) have any violations of a condition of parole |
16 | immediately made known to the board. This subparagraph |
17 | shall apply to all parolees under supervision by other |
18 | jurisdictions under Subchapter B of Chapter 71 (relating |
19 | to interstate compact for the supervision of adult |
20 | offenders). |
21 | (b) Cases involving deviations from guidelines.--In each |
22 | case in which the board deviates from the guidelines established |
23 | under 42 Pa.C.S. § 2154.5, the board shall provide a |
24 | contemporaneous written statement of the reason for the |
25 | deviation from the guidelines to the commission as established |
26 | under 42 Pa.C.S. § 2153(a)(14) (relating to powers and duties). |
27 | The board may develop and use internal decisional instruments. |
28 | This subsection shall not be construed to prevent the board from |
29 | also developing forms or other documents, policies and |
30 | procedures consistent with this chapter, including internal |
|
1 | decisional instruments. |
2 | (c) Administrative parole.-- |
3 | (1) An eligible offender shall be placed on |
4 | administrative parole one year after release on parole and |
5 | until the maximum sentence date if the board's supervision |
6 | staff determines that: |
7 | (i) (A) the eligible offender has not violated the |
8 | terms and conditions of the eligible offender's |
9 | parole; or |
10 | (B) the eligible offender has not been subject |
11 | to the extensive use of sanctions prior to the |
12 | completion of one year from the date of release on |
13 | parole; and |
14 | (ii) there is no substantial information indicating |
15 | dangerousness or that placement on administrative parole |
16 | would compromise public safety. |
17 | (2) An eligible offender placed on administrative parole |
18 | shall continue to be subject to recommitment at the board's |
19 | discretion and shall be subject to the board's power to |
20 | recommit and reparole, recommit and review or otherwise |
21 | impose sanctions at its discretion until the eligible |
22 | offender's maximum sentence date. |
23 | (3) An eligible offender placed on administrative parole |
24 | shall do all of the following: |
25 | (i) Make supervision contact at least one time per |
26 | year. |
27 | (ii) Provide updated contact information upon a |
28 | change in residence or employment. |
29 | (iii) Continue to pay any restitution owed. |
30 | (iv) Comply with other requirements imposed by the |
|
1 | board. |
2 | (d) Recidivism risk reduction incentive minimum.--The board |
3 | shall have the power and its duty shall be to comply with the |
4 | requirements of section 4506 (relating to recidivism risk |
5 | reduction incentive minimum). |
6 | (e) Preparole drug screening tests.-- |
7 | (1) The board may not release a person on parole unless |
8 | the person achieves a negative result within 45 days prior to |
9 | the date of release in a screening test approved by the |
10 | Department of Health for the detection of the presence of |
11 | controlled substances or designer drugs under the act of |
12 | April 14, 1972 (P.L.233, No.64), known as The Controlled |
13 | Substance, Drug, Device and Cosmetic Act. |
14 | (2) The cost of these preparole drug screening tests for |
15 | inmates subject to the parole release jurisdiction of the |
16 | board, whether confined in a correctional institution or |
17 | county prison, shall be paid by the board. The board shall |
18 | establish rules and regulations for the payment of these |
19 | costs and may limit the types and cost of these screening |
20 | tests that would be subject to payment by the board. |
21 | (3) (i) The board shall establish, as a condition of |
22 | continued parole for a parolee who, as an inmate, tested |
23 | positive for the presence of a controlled substance or a |
24 | designer drug or who was paroled from a sentence arising |
25 | from a conviction under The Controlled Substance, Drug, |
26 | Device and Cosmetic Act or from a drug-related crime, the |
27 | parolee's achievement of negative results in such |
28 | screening tests randomly applied. |
29 | (ii) The random screening tests shall be performed |
30 | at the discretion of the board, and the parolee |
|
1 | undergoing the tests shall be responsible for the costs |
2 | of the tests. |
3 | (iii) The funds collected for the tests shall be |
4 | applied against the contract for such testing between the |
5 | board and a testing laboratory approved by the Department |
6 | of Health. |
7 | (f) Crimes of violence.--The board may not release on parole | <-- |
8 | a person who is sentenced after February 19, 1999, and is |
9 | serving a sentence for a crime of violence as defined in 42 | <-- |
10 | Pa.C.S. § 9714(g) (relating to sentences for second and |
11 | subsequent offenses) on parole unless the person has received |
12 | instruction from the Department of Corrections on the impact of |
13 | crime on victims and the community. |
14 | (g) Procedure.-- |
15 | (1) The department shall identify all inmates committed |
16 | to the custody of the department that meet the definition of |
17 | an eligible offender. |
18 | (2) Upon identification of an inmate as an eligible |
19 | offender, the department shall send notice to the board. The |
20 | board shall send notice to the prosecuting attorney and the |
21 | court no less than six months before the expiration of the |
22 | inmate's minimum sentence indicating that the department has |
23 | preliminarily identified the inmate as an eligible offender. |
24 | The notice shall be sent by United States mail unless the |
25 | board, the court and the prosecutor have consented to receipt |
26 | of notice via electronic means. For inmates committed to the |
27 | department whose expiration of the minimum sentence is six |
28 | months or less from the date of admission, the department |
29 | shall give prompt notice. |
30 | (3) Within 60 days of receipt of notice under paragraph |
|
1 | (2), the court or prosecuting attorney may file a written |
2 | objection to the department's preliminary identification of |
3 | the inmate as an eligible offender. Notice of the objection |
4 | shall be provided to the department and the board. |
5 | (4) If no notice of objection has been filed under |
6 | paragraph (3), the board or its designee shall approve for |
7 | parole at the expiration of the eligible offender's minimum |
8 | date upon a determination that all of the following apply: |
9 | (i) The department certified that the inmate has |
10 | maintained a good conduct record and continues to remain |
11 | an eligible offender. |
12 | (ii) The reentry plan for the inmate is adequate. |
13 | (iii) Individual conditions and requirements for |
14 | parole have been established. |
15 | (iv) There is no reasonable indication that the |
16 | inmate poses a risk to public safety. |
17 | (5) If the court or prosecuting attorney files a timely |
18 | objection under paragraph (3), the board shall make a |
19 | determination as to whether the inmate is an eligible |
20 | offender. The board shall notify the department, prosecuting |
21 | attorney and court of its determination no later than 60 days |
22 | prior to the minimum parole date. If the board determines |
23 | that the inmate is an eligible offender under this chapter, |
24 | the board shall follow the provisions under paragraph (4). If |
25 | the board determines that the inmate is not an eligible |
26 | offender under section 4503 (relating to definitions), the |
27 | board shall retain exclusive jurisdiction to grant parole and |
28 | shall determine whether the inmate should be paroled at the |
29 | minimum date, paroled at a later date or denied parole. |
30 | (6) Nothing in this subsection shall be construed as |
|
1 | granting a right to be paroled to any person, and any |
2 | decision by the board and its designees or the department, |
3 | under this section shall not be considered an adjudication |
4 | under 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and |
5 | procedure of Commonwealth agencies) and Ch. 7 Subch. A |
6 | (relating to judicial review of Commonwealth agency action). |
7 | (7) Except as provided under this subsection, nothing in |
8 | this chapter shall otherwise affect the powers and duties of |
9 | the board or the department. |
10 | (h) Power to recommit.-- |
11 | (1) The board may, during the period for which an inmate |
12 | shall have been sentenced, recommit the inmate, if paroled, |
13 | for violation of the terms and conditions of his parole and |
14 | from time to time to reparole and recommit in the same manner |
15 | and with the same procedure as in the case of an original |
16 | parole or recommitment if, in the judgment of the board: |
17 | (i) There is a reasonable probability that the |
18 | inmate will be benefited by paroling the inmate again. |
19 | (ii) It does not appear that the interests of the |
20 | Commonwealth will be injured by paroling the inmate |
21 | again. |
22 | (2) In exercising these powers, the board shall consider |
23 | any applicable recommitment ranges established by the |
24 | commission under 42 Pa.C.S. § 2154.6 (relating to adoption of |
25 | recommitment ranges following revocation of parole by board). |
26 | (i) Cases involving deviations from guidelines.--In each |
27 | case in which the board deviates from the recommitment ranges |
28 | established under 42 Pa.C.S. § 2154.6, the board shall provide a |
29 | contemporaneous written statement of the reason for the |
30 | deviation from the recommitment ranges to the commission, as |
|
1 | established under 42 Pa.C.S. § 2153(a)(14). |
2 | (j) Notice to county probation department.--When the board |
3 | releases a parolee from a correctional facility, the board shall |
4 | provide written notice to the probation department located in |
5 | the county where the sentencing order was imposed of the release |
6 | and new address of the parolee. |
7 | (k) Definition.--For the purposes of this section, the term | <-- |
8 | "eligible offender" shall have the same meaning as the term is |
9 | given under section 4503 (relating to definitions). |
10 | (k) Definitions.--The following words and phrases shall have | <-- |
11 | the meanings given to them in this subsection unless the context |
12 | clearly indicates otherwise: |
13 | "Crime of violence." As defined in 42 Pa.C.S. § 9714(g) |
14 | (relating to sentences for second and subsequent offenses). |
15 | "Eligible offender." As defined in section 4503 (relating to |
16 | definitions). |
17 | § 6138. Violation of terms of parole. |
18 | (a) Convicted violators.-- |
19 | (1) A parolee under the jurisdiction of the board |
20 | released from a correctional facility who, during the period |
21 | of parole or while delinquent on parole, commits a crime |
22 | punishable by imprisonment, for which the parolee is |
23 | convicted or found guilty by a judge or jury or to which the |
24 | parolee pleads guilty or nolo contendere at any time |
25 | thereafter in a court of record, may at the discretion of the |
26 | board be recommitted as a parole violator. |
27 | (2) If the parolee's recommitment is so ordered, the |
28 | parolee shall be reentered to serve the remainder of the term |
29 | which the parolee would have been compelled to serve had the |
30 | parole not been granted and shall be given no credit for the |
|
1 | time at liberty on parole. |
2 | (3) The board may, in its discretion, reparole whenever, |
3 | in its opinion, the best interests of the inmate justify or |
4 | require the inmate's release on parole and it does not appear |
5 | that the interests of the Commonwealth will be injured |
6 | thereby. |
7 | (4) The period of time for which the parole violator is |
8 | required to serve shall be computed from and begin on the |
9 | date that the parole violator is taken into custody to be |
10 | returned to the institution as a parole violator. |
11 | (5) If a new sentence is imposed on the parolee, the |
12 | service of the balance of the term originally imposed shall |
13 | precede the commencement of the new term imposed in the |
14 | following cases: |
15 | (i) If a person is paroled from a State correctional |
16 | institution and the new sentence imposed on the person is |
17 | to be served in the State correctional institution. |
18 | (ii) If a person is paroled from a county prison and |
19 | the new sentence imposed upon him is to be served in the |
20 | same county prison. |
21 | (iii) In all other cases, the service of the new |
22 | term for the latter crime shall precede commencement of |
23 | the balance of the term originally imposed. |
24 | (6) Where the new term is to be served last or the |
25 | balance of the term originally imposed is to be served last, |
26 | and the service is, in either case, in any correctional |
27 | facility: |
28 | (i) Any person upon recommitment shall be sent to |
29 | the institution as shall be designated by the Secretary |
30 | of Corrections or his designee. |
|
1 | (ii) Any female person shall be recommitted to the |
2 | State Correctional Institution at Muncy. |
3 | (b) Subsequent arrest.-- |
4 | (1) The formal filing of a charge after parole against a |
5 | parolee within this Commonwealth for any violation of the |
6 | laws of this Commonwealth shall constitute an automatic |
7 | detainer and permit the parolee to be taken into and held in |
8 | custody. |
9 | (2) The automatic detainer shall dissolve 15 days after |
10 | the parolee is taken into custody unless sooner waived or |
11 | otherwise superseded by direction of the supervising parole |
12 | office. |
13 | (3) The automatic detainer shall be in addition to and |
14 | not in lieu of any other detainer that prior to the effective |
15 | date of this chapter may have been lodged in such |
16 | circumstances. |
17 | (c) Technical violators.-- |
18 | (1) A parolee under the jurisdiction of the board who is |
19 | released from a correctional facility and who, during the |
20 | period of parole, violates the terms and conditions of his |
21 | parole, other than by the commission of a new crime of which |
22 | the parolee is convicted or found guilty by a judge or jury |
23 | or to which the parolee pleads guilty or nolo contendere in a |
24 | court of record, may be recommitted after a hearing before |
25 | the board. |
26 | (2) If the parolee is so recommitted, the parolee shall |
27 | be given credit for the time served on parole in good |
28 | standing but with no credit for delinquent time and may be |
29 | reentered to serve the remainder of the original sentence or |
30 | sentences. |
|
1 | (3) The remainder shall be computed by the board from |
2 | the time the parolee's delinquent conduct occurred for the |
3 | unexpired period of the maximum sentence imposed by the court |
4 | without credit for the period the parolee was delinquent on |
5 | parole. The parolee shall serve the remainder so computed |
6 | from the date the parolee is taken into custody on the |
7 | warrant of the board. |
8 | (4) The parolee shall be subject to reparole by the |
9 | board whenever in its opinion the best interests of the |
10 | inmate justify or require the parolee being reparoled and it |
11 | does not appear that the interests of the Commonwealth will |
12 | be injured reparoling the parolee. |
13 | (d) Recommitment.--A technical violator under subsection (c) |
14 | shall be recommitted to a correctional facility as follows: |
15 | (1) If paroled from a county prison, to the same |
16 | institution or to any other institution to which the violator |
17 | may be legally transferred. |
18 | (2) If paroled from a State correctional institution, |
19 | any male person upon recommitment shall be sent to the |
20 | nearest State correctional institution for service of the |
21 | remainder of the original term at the institution as shall be |
22 | designated by the department. Any female person shall be |
23 | recommitted to the State Correctional Institution at Muncy or |
24 | other State correctional institution as designated by the |
25 | department. |
26 | § 6139. Parole procedure. |
27 | (a) Specific requirements.-- |
28 | (1) The board may, subject to the provisions and |
29 | limitations set forth in section 6138 (relating to violation |
30 | of terms of parole), grant paroles of its own motion whenever |
|
1 | in its judgment the interests of justice require the granting |
2 | of these paroles. |
3 | (2) The board shall consider applications for parole by |
4 | an inmate or the inmate's attorney. |
5 | (3) Notwithstanding the provisions of paragraph (2), the |
6 | board shall not be required to consider nor dispose of an |
7 | application by an inmate or an inmate's attorney where a |
8 | parole decision has been issued by the board on that case |
9 | within one year of the date of the current application for |
10 | parole. |
11 | (4) Hearings of applications shall be held by the board |
12 | whenever in its judgment hearings are necessary. Reasonable |
13 | rules and regulations shall be adopted by the board for the |
14 | presentation and hearing of applications for parole. |
15 | (5) Whenever an inmate is paroled by the board, whether |
16 | of its own motion or after hearing of an application for |
17 | parole, or whenever an application for parole is refused by |
18 | the board, a brief statement of the reasons for the board's |
19 | action shall be filed of record in the offices of the board |
20 | and shall be at all reasonable times open to public |
21 | inspection. |
22 | (6) In no case shall a parole be granted, or an |
23 | application for parole be dismissed, unless a board member, |
24 | hearing examiner or other person so designated by the board |
25 | shall have seen and heard the parolee in person in regard |
26 | thereto within six months prior to the granting or dismissal |
27 | thereof. |
28 | (7) The board shall dispose of the application within |
29 | six months of its filing. |
30 | (b) Reliance on reports.--In granting and revoking paroles, |
|
1 | and in discharging from parole, the members of the board acting |
2 | thereon shall not be required to personally hear or see all the |
3 | witnesses and evidence submitted to them for their action, but |
4 | they may act on the report submitted to them by their agents and |
5 | employees, together with any pertinent and adequate information |
6 | furnished to them by fellow members of the board or by others. |
7 | (c) Notice to district attorney.--At least ten days before |
8 | paroling an inmate on its own motion, the board shall give |
9 | written notice of the contemplated parole to the district |
10 | attorney of the county in which the inmate was sentenced, and, |
11 | in cases of hearings on applications for parole as provided for |
12 | in this section, at least ten days' written notice of the time |
13 | and place fixed for such hearing shall be given either by the |
14 | board or by the applicant, as the board shall direct, to the |
15 | court and district attorney of the county in which the applicant |
16 | was sentenced. |
17 | § 6140. Victim statements, testimony and participation in |
18 | hearing. |
19 | (a) Duty of district attorney to provide notice.-- |
20 | (1) The victim of the offense for which an inmate is |
21 | sentenced shall be notified by the district attorney |
22 | immediately following sentencing, in cases where the |
23 | defendant has been sentenced to a term of imprisonment, that |
24 | the victim or family member shall have the opportunity to |
25 | present a statement for the parole report to be considered at |
26 | the parole hearing or to testify to the parole board |
27 | expressing his opinion concerning the release of the inmate. |
28 | (2) The district attorney shall provide notice to a |
29 | member of the immediate family of the victim if the victim: |
30 | (i) is a juvenile; |
|
1 | (ii) is incapable of testifying; or |
2 | (iii) died as a result of the defendant's conduct. |
3 | (b) Notice of intent to submit statement.--In order to |
4 | submit a statement under subsection (a), a victim or family |
5 | member must notify the board of his intention to do so and |
6 | provide and keep current an appropriate mailing address with the |
7 | board. |
8 | (c) Contents of parole report.--The parole report may |
9 | include a statement concerning: |
10 | (1) The continuing nature and extent of any physical |
11 | harm or psychological or emotional harm or trauma suffered by |
12 | the victim. |
13 | (2) The extent of any loss of earnings or ability to |
14 | work suffered by the victim. |
15 | (3) The continuing effect of the crime upon the victim's |
16 | family. |
17 | (d) Notice to persons who previously contacted the board.-- |
18 | (1) At the time public notice is given that an inmate is |
19 | being considered for parole pursuant to this section, the |
20 | board shall also notify any victim or nearest relative who |
21 | has previously contacted the board of the availability to |
22 | provide a statement for inclusion in the parole report or to |
23 | present testimony for inclusion at the parole hearing. |
24 | (2) The board shall notify the person identified under |
25 | paragraph (1) at the person's last known mailing address. The |
26 | notification required by this section shall be given by the |
27 | board in the case of a parole to be granted pursuant to |
28 | section 6139 (relating to parole procedure) or by the court |
29 | in the case of a parole to be granted pursuant to section |
30 | 6133 (relating to probation services). |
|
1 | (e) Notice of intent to present testimony.--The victim or |
2 | family member shall notify the board within 30 days from the |
3 | date of the notice of his intent to present testimony at the |
4 | parole hearing. This time period may be waived by the board for |
5 | good cause. |
6 | (f) Referral to hearing officer.--If the victim or family |
7 | member submits a written statement to the board subsequent to |
8 | notice, the statement shall be made a part of the board's file |
9 | on the inmate, and the inmate's case shall be referred to a |
10 | hearing officer designated to conduct parole release hearings. |
11 | (g) Assignment to hearing examiner.--If the victim or family |
12 | member informs the board subsequent to notice being provided |
13 | that the person intends to testify, the chairperson shall assign |
14 | the inmate's case to a hearing examiner for the purpose of |
15 | receiving the person's testimony. |
16 | (h) Hearing procedure.-- |
17 | (1) The assigned hearing examiner shall conduct a |
18 | hearing within 30 days from the date the board received |
19 | notification of the intent to offer testimony. |
20 | (2) The hearing shall be conducted at a time and place |
21 | and on a date determined by the chairperson or designee. |
22 | Notice of the time, place and date of the hearing shall be |
23 | provided to the victim or family member, in writing, and |
24 | shall be mailed at least ten days prior to the hearing date. |
25 | (3) The hearing shall be recorded by an electronic |
26 | recording device. |
27 | (4) The hearing examiner shall prepare a written report |
28 | within a reasonable amount of time prior to the hearing date. |
29 | A copy of the report shall be forwarded to the person |
30 | offering testimony. A copy of the report shall be made a part |
|
1 | of the board's file on the inmate. |
2 | (5) Upon completion of the written report, the inmate's |
3 | case shall be referred to a hearing examiner designated to |
4 | conduct parole release hearings. |
5 | (6) (i) The hearing scheduled pursuant to this section |
6 | shall be conducted, when possible, prior to a parole |
7 | release hearing and prior to the board rendering a |
8 | decision. |
9 | (ii) Nothing in this section shall be construed to |
10 | preclude the board from conducting a timely parole |
11 | release hearing. |
12 | (7) After submission of the report, the board shall |
13 | within a reasonable amount of time: |
14 | (i) Evaluate the information provided. |
15 | (ii) Determine whether the decision shall be |
16 | affirmed or modified. |
17 | (iii) Determine whether a rescission hearing shall |
18 | be conducted. |
19 | (iv) Notify the inmate in writing of its decision. |
20 | (8) Except as otherwise provided by law or this section, |
21 | any and all statements or testimony of the victim or family |
22 | member submitted to the board pertaining to: |
23 | (i) the continuing nature and extent of any physical |
24 | harm or psychological or emotional harm or trauma |
25 | suffered by the victim; |
26 | (ii) the extent of any loss of earnings or ability |
27 | to work suffered by the victim; and |
28 | (iii) the continuing effect of the crime upon the |
29 | victim's family shall not: | <-- |
30 | (A) Be Shall be deemed confidential and | <-- |
|
1 | privileged. |
2 | (B) Be Shall not be subject to subpoena or | <-- |
3 | discovery. |
4 | (C) Be Shall not be introduced into evidence in | <-- |
5 | any judicial or administrative proceeding. |
6 | (D) Be Shall not be released to the inmate. | <-- |
7 | (9) All records maintained by the board pertaining to |
8 | victims shall be kept separate. Current address, telephone |
9 | numbers and any other personal information of the victim and |
10 | family members shall be deemed confidential. |
11 | (10) Except as otherwise provided by law, no person who |
12 | has had access to a report, record or any other information |
13 | under this section shall disclose the content of the report, |
14 | record or other information or testify in a judicial or |
15 | administrative proceeding without the written consent of the |
16 | victim. |
17 | (11) A victim or the family member who has submitted a |
18 | written statement for the parole report or testified at a |
19 | hearing pursuant to this section shall be notified by the |
20 | board of the final decision rendered in the inmate's case. |
21 | (12) If the final decision is to not release the inmate |
22 | and if, subsequent to that decision, additional parole |
23 | release hearings are conducted for that same inmate, then the |
24 | victim or family member who has submitted a written statement |
25 | for the parole report or who has testified at a hearing |
26 | pursuant to this section shall be notified by the board at |
27 | the last known address if and when additional parole hearings |
28 | are scheduled by the board. |
29 | § 6141. General rules and special regulations. |
30 | The board may make general rules for the conduct and |
|
1 | supervision of persons placed on parole and may, in particular |
2 | cases, as it deems necessary to effectuate the purpose of |
3 | parole, prescribe special regulations for particular persons. |
4 | § 6142. Investigations for the Board of Pardons. | <-- |
5 | The board shall make an investigation for the Board of |
6 | Pardons in cases coming before it and upon its request. The |
7 | investigation shall include all information set forth under |
8 | section 6135 (relating to investigation of circumstances of |
9 | offense), including a risk assessment if the applicant is |
10 | incarcerated. |
11 | SUBCHAPTER D |
12 | STATE PAROLE AGENTS |
13 | Sec. |
14 | 6151. Definitions. |
15 | 6152. Status as peace officers. |
16 | 6153. Supervisory relationship to offenders. |
17 | § 6151. Definitions. |
18 | The following words and phrases when used in this subchapter |
19 | shall have the meanings given to them in this section unless the |
20 | context clearly indicates otherwise: |
21 | "Agent." A State parole agent appointed by the board. |
22 | "Conditions of supervision." Any terms or conditions of the |
23 | offender's supervision, whether imposed by the court, the board |
24 | or an agent, including compliance with all requirements of |
25 | Federal, State and local law. |
26 | "Contraband." Any item that the offender is not permitted to |
27 | possess under the conditions of supervision, including any item |
28 | whose possession is forbidden by any Federal, State or local |
29 | law. |
30 | "Court." The court of common pleas or any judge thereof, the |
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1 | Philadelphia Municipal Court or any judge thereof, the |
2 | Pittsburgh Magistrates Court or any judge thereof or any |
3 | magisterial district judge. |
4 | "Exigent circumstances." The term includes, but is not |
5 | limited to, suspicion that contraband or other evidence of |
6 | violations of the conditions of supervision might be destroyed |
7 | or suspicion that a weapon might be used. Exigent circumstances |
8 | always exist with respect to a vehicle. |
9 | "Offender." Any person subject to the parole or probationary |
10 | supervision of the board. |
11 | "Personal search." A warrantless search of an offender's |
12 | person, including, but not limited to, the offender's clothing |
13 | and any personal property which is in the possession, within the |
14 | reach or under the control of the offender. |
15 | "Property search." A warrantless search of real property, |
16 | vehicle or personal property which is in the possession or under |
17 | the control of the offender. |
18 | "Real property." Any residence or business property of an |
19 | offender, including all portions of the property to which the |
20 | offender has access. |
21 | "Supervisor." Any individual acting in a supervisory or |
22 | administrative capacity. |
23 | § 6152. Status as peace officers. |
24 | An agent is declared to be a peace officer and is given |
25 | police power and authority throughout this Commonwealth to |
26 | arrest without warrant, writ, rule or process any parolee or |
27 | probationer under the supervision of the board for failing to |
28 | report as required by the terms of his probation or parole or |
29 | for any other violation of the probation or parole. |
30 | § 6153. Supervisory relationship to offenders. |
|
1 | (a) General rule.--Agents in a supervisory relationship with |
2 | their offenders. The purpose of this supervision is to assist |
3 | the offenders in their rehabilitation and reassimilation into |
4 | the community and to protect the public. |
5 | (b) Searches and seizures authorized.-- |
6 | (1) Agents may search the person and property of |
7 | offenders in accordance with the provisions of this section. |
8 | (2) Nothing in this section shall be construed to permit |
9 | searches or seizures in violation of the Constitution of the |
10 | United States or section 8 of Article I of the Constitution |
11 | of Pennsylvania. |
12 | (c) Effect of violation.--No violation of this section shall |
13 | constitute an independent ground for suppression of evidence in |
14 | any probation or parole proceeding or criminal proceeding. |
15 | (d) Grounds for personal search of offender.-- |
16 | (1) A personal search of an offender may be conducted by |
17 | an agent: |
18 | (i) if there is a reasonable suspicion to believe |
19 | that the offender possesses contraband or other evidence |
20 | of violations of the conditions of supervision; |
21 | (ii) when an offender is transported or taken into |
22 | custody; or |
23 | (iii) upon an offender entering or leaving the |
24 | securing enclosure of a correctional institution, jail or |
25 | detention facility. |
26 | (2) A property search may be conducted by an agent if |
27 | there is reasonable suspicion to believe that the real or |
28 | other property in the possession of or under the control of |
29 | the offender contains contraband or other evidence of |
30 | violations of the conditions of supervision. |
|
1 | (3) Prior approval of a supervisor shall be obtained for |
2 | a property search absent exigent circumstances. No prior |
3 | approval shall be required for a personal search. |
4 | (4) A written report of every property search conducted |
5 | without prior approval shall be prepared by the agent who |
6 | conducted the search and filed in the offender's case record. |
7 | The exigent circumstances shall be stated in the report. |
8 | (5) The offender may be detained if he is present during |
9 | a property search. If the offender is not present during a |
10 | property search, the agent in charge of the search shall make |
11 | a reasonable effort to provide the offender with notice of |
12 | the search, including a list of the items seized, after the |
13 | search is completed. |
14 | (6) The existence of reasonable suspicion to search |
15 | shall be determined in accordance with constitutional search |
16 | and seizure provisions as applied by judicial decision. In |
17 | accordance with such case law, the following factors, where |
18 | applicable, may be taken into account: |
19 | (i) The observations of agents. |
20 | (ii) Information provided by others. |
21 | (iii) The activities of the offender. |
22 | (iv) Information provided by the offender. |
23 | (v) The experience of agents with the offender. |
24 | (vi) The experience of agents in similar |
25 | circumstances. |
26 | (vii) The prior criminal and supervisory history of |
27 | the offender. |
28 | (viii) The need to verify compliance with the |
29 | conditions of supervision. |
30 | (e) Nonresident offenders.--No agent shall conduct a |
|
1 | personal or property search of an offender who is residing in a |
2 | foreign state except for the limited purposes permitted under |
3 | the Interstate Compact for the Supervision of Offenders and |
4 | Probationers. The offender is held accountable to the rules of |
5 | both the sending state and the receiving state. Any personal or |
6 | property search of an offender residing in another state shall |
7 | be conducted by an agent of the receiving state. |
8 | (f) When authority is effective.--The authority granted to |
9 | agents under this section shall be effective upon enactment of |
10 | this section, without the necessity of any further regulation by |
11 | the board. |
12 | CHAPTER 63 |
13 | COUNTY PROBATION OFFICERS' |
14 | FIREARM EDUCATION AND TRAINING |
15 | Sec. |
16 | 6301. Short title of chapter. |
17 | 6302. Definitions. |
18 | 6303. County Probation Officers' Firearm Education and Training |
19 | Commission. |
20 | 6304. Commission membership. |
21 | 6305. Powers and duties of commission. |
22 | 6306. Training mandatory. |
23 | 6307. Requirements for program participation or waiver. |
24 | 6308. County Probation Officers' Firearm Education and Training |
25 | Fund. |
26 | 6309. Applicability. |
27 | § 6301. Short title of chapter. |
28 | This chapter shall be known and may be cited as the County |
29 | Probation Officers' Firearm Education and Training Law. |
30 | § 6302. Definitions. |
|
1 | The following words and phrases when used in this chapter |
2 | shall have the meanings given to them in this section unless the |
3 | context clearly indicates otherwise: |
4 | "Board." The Pennsylvania Board of Probation and Parole. |
5 | "Certification." The assignment of a certification number to |
6 | a probation or parole officer after successful completion of a |
7 | mandatory basic training course or receipt of a waiver of basic |
8 | training from the County Probation Officers' Firearm Education |
9 | and Training Commission and successful completion of mandatory |
10 | training. |
11 | "Commission." The County Probation Officers' Firearm |
12 | Education and Training Commission. |
13 | "Fund." The County Probation Officers' Firearm Education and |
14 | Training Fund established under section 6308 (relating to County |
15 | Probation Officers' Firearm Education and Training Fund). |
16 | "Officer." A county probation or parole officer of this |
17 | Commonwealth. |
18 | "Program8." The County Probation Officers' Firearm Education |
19 | and Training Program established in this chapter. |
20 | "School." A school currently approved by the Municipal |
21 | Police Officers' Education and Training Commission under 53 |
22 | Pa.C.S. Ch. 21 Subch. D (relating to municipal police education |
23 | and training). |
24 | "Weapon-carrying officer." A county probation or parole |
25 | officer who is authorized to carry a weapon in connection with |
26 | performance of the duties of the officer's employment. |
27 | § 6303. County Probation Officers' Firearm Education and |
28 | Training Commission. |
29 | The County Probation Officers' Firearm Education and Training |
30 | Commission is established under the Pennsylvania Board of |
|
1 | Probation and Parole. The commission shall establish within six |
2 | months following the appointment of commission members a County |
3 | Probation Officers' Firearm Education and Training Program to |
4 | provide firearm education and training in accordance with the |
5 | provisions of this chapter. |
6 | § 6304. Commission membership. |
7 | (a) Composition.--The commission shall be composed of the |
8 | chairman of the board and eight other members to be appointed by |
9 | the Governor: |
10 | (1) Three county adult probation officers who are full |
11 | members of the County Chief Adult Probation and Parole |
12 | Officers' Association of Pennsylvania, one of whom is a chief |
13 | adult probation officer from a county authorized to carry |
14 | firearms and two of whom are firearms instructors certified |
15 | as such by the National Rifle Association, the Pennsylvania |
16 | State Police or the Federal Bureau of Investigation. |
17 | (2) One member of the Pennsylvania Council of Chief |
18 | Juvenile Probation Officers. |
19 | (3) One representative of the Juvenile Court Judges' |
20 | Commission. |
21 | (4) One judge of a court of common pleas of a county |
22 | that employs officers who carry firearms. |
23 | (5) One director qualified under 53 Pa.C.S. Ch. 21 |
24 | Subch. D (relating to municipal police education and |
25 | training). |
26 | (6) One county commissioner from a county which employs |
27 | officers who carry firearms. |
28 | (b) Terms.--Terms of the members initially appointed shall |
29 | be three members for one year, three members for two years and |
30 | three members for three years, as designated by the Governor at |
|
1 | the time of appointment. Thereafter, terms shall be for three |
2 | years. Each member shall hold office until the expiration of the |
3 | term for which the member was selected or until the member's |
4 | earlier death, resignation or removal or until the member's |
5 | successor has been selected and qualified but in no event more |
6 | than six months beyond the expiration of the member's appointed |
7 | term. |
8 | (c) Vacancies.--A person appointed to fill a vacancy created |
9 | by other than expiration of a term shall be appointed for the |
10 | unexpired term of the member who that person is to succeed in |
11 | the same manner as the original appointment. |
12 | (d) Compensation.--The members of the commission shall serve |
13 | without compensation but shall be reimbursed the necessary and |
14 | actual expenses incurred in attending the meetings of the |
15 | commission and in the performance of their duties under this |
16 | chapter. |
17 | (e) Organization.--The commission shall elect from among its |
18 | members a chairperson and other officers who shall hold office |
19 | at the pleasure of the commission. The commission shall act only |
20 | with the concurrence of the majority. |
21 | (f) Meetings and quorum.--The commission shall meet at least |
22 | four times each year until the program is implemented. |
23 | Thereafter, the commission shall meet as may be necessary, but |
24 | at least once annually. Special meetings may be called by the |
25 | chairperson of the commission or upon written request of three |
26 | members. A quorum shall consist of four members of the |
27 | commission. |
28 | § 6305. Powers and duties of commission. |
29 | The powers and duties of the commission shall be as follows: |
30 | (1) To develop, establish and administer the minimum |
|
1 | courses of study and training and competency standards for |
2 | firearm training for county probation officers, including an |
3 | initial curriculum of at least 40 hours and including the |
4 | firing of a qualification course. |
5 | (2) To revoke an officer's certification for failing to |
6 | comply with educational and training requirements established |
7 | by the commission. |
8 | (3) To approve or revoke the approval for the purposes |
9 | of this chapter of any school that may be utilized to comply |
10 | with the educational and training requirements as established |
11 | by the commission. |
12 | (4) To establish the minimum qualifications for |
13 | instructors, to approve or revoke the approval of any |
14 | instructor and to develop the requirements for continued |
15 | certification. |
16 | (5) To promote the most efficient and economical program |
17 | for training by utilizing existing facilities, programs and |
18 | qualified Federal, State and local police personnel. |
19 | (6) To make an annual report to the Governor and to the |
20 | General Assembly concerning: |
21 | (i) The administration of the program. |
22 | (ii) The activities of the commission, together with |
23 | any recommendations for executive or legislative actions. |
24 | (7) To require in accordance with this chapter county |
25 | probation officers to attend a minimum number of hours in in- |
26 | service training as provided for by regulation, unless the |
27 | officer's employer files a show-cause document with the |
28 | commission, requesting additional time for the officer to |
29 | comply with the in-service training requirements. Approval of |
30 | the request shall be made by the commission on a case-by-case |
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1 | basis. |
2 | (8) To appoint an administrative officer who shall serve |
3 | and be directly responsible to the commission. |
4 | (9) To consult and cooperate with universities, |
5 | colleges, community colleges and institutes for the |
6 | development of specialized courses for county probation and |
7 | parole officers. |
8 | (10) To consult and cooperate with departments and |
9 | agencies of this Commonwealth and other states and the |
10 | Federal Government concerned with county probation officer |
11 | training. |
12 | (11) To certify officers who have satisfactorily |
13 | completed basic educational and training requirements as |
14 | established by the commission and to issue appropriate |
15 | certificates to these officers. |
16 | (12) To visit and inspect approved schools at least once |
17 | every two years. This inspection requirement does not apply |
18 | where training is conducted locally at a satellite center |
19 | consisting of a classroom and shooting range. |
20 | (13) To make rules and regulations and to perform other |
21 | duties as may be reasonably necessary or appropriate to |
22 | implement the training program for county probation officers. |
23 | (14) To consider granting waivers of mandatory basic |
24 | training to county probation officers who have successfully |
25 | completed previous equivalent training. |
26 | (15) To maintain certifications and other records as |
27 | necessary. |
28 | (16) To issue reports to the president judges of the |
29 | courts of common pleas relating to compliance with this |
30 | chapter. |
|
1 | § 6306. Training mandatory. |
2 | Within two years of the establishment of the County Probation |
3 | Officers' Firearm Education and Training Program and in |
4 | accordance with the provisions of this chapter, a county shall |
5 | provide for the training of any officer in its county probation |
6 | and parole department who carries a firearm. Following this two- |
7 | year period, a county shall provide that training and |
8 | certification requirements of this chapter are met prior to a |
9 | county probation officer being authorized to carry a firearm. |
10 | § 6307. Requirements for program participation or waiver. |
11 | In order to participate in the training program or be granted |
12 | a waiver of training requirements, at a minimum, the officer |
13 | must: |
14 | (1) Be employed as a full-time county probation officer. |
15 | (2) Be a United States citizen. |
16 | (3) Not have been convicted of an offense graded a |
17 | misdemeanor of the first degree or greater or punishable by a |
18 | term of imprisonment of more than two years, unless in |
19 | possession of a waiver from the Bureau of Alcohol, Tobacco |
20 | and Firearms of the Department of the Treasury. |
21 | (4) Have had the officer's fingerprints submitted by the |
22 | officer's employer to the Pennsylvania State Police for the |
23 | purposes of a background investigation. The officer shall |
24 | have results of the investigation which indicate that the |
25 | requirements of paragraph (3) are met. |
26 | § 6308. County Probation Officers' Firearm Education and |
27 | Training Fund. |
28 | (a) Fund established.--The County Probation Officers' |
29 | Firearm Education and Training Fund is established as a |
30 | restricted receipts account within the General Fund. Moneys from |
|
1 | the fund shall be used exclusively for the purposes described |
2 | under this section. |
3 | (b) Costs imposed.-- |
4 | (1) A person who accepts Accelerated Rehabilitative |
5 | Disposition or pleads guilty or nolo contendere or is |
6 | convicted of a felony or misdemeanor shall, in addition to |
7 | any other court costs imposed under the laws of this |
8 | Commonwealth, be sentenced to pay costs of $5. Costs |
9 | collected by the clerk of courts under this subsection shall |
10 | be paid into the fund. |
11 | (2) Moneys in the fund shall be used to offset or pay |
12 | for: |
13 | (i) Training expenses. |
14 | (ii) Commission expenses. |
15 | (3) Disbursement and allocation of fund moneys shall be |
16 | at the discretion of the commission. |
17 | (c) Other moneys to be used.--In addition to payment of |
18 | training expenses as prescribed under subsection (b), training |
19 | expenses may also be paid out of the county offender supervision |
20 | fund under section 1102 of the act of November 24, 1998 (P.L. |
21 | 882, No.111), known as the Crime Victims Act, or any other |
22 | county fund. |
23 | (d) Juvenile probation officer participation.--In the event |
24 | that sufficient funds are not generated under the provisions of |
25 | subsection (b) to fully fund the costs of providing training to |
26 | juvenile probation officers, a training fee representing the |
27 | prorated share of the additional actual cost thereof shall be |
28 | payable by a participating juvenile probation officer's county |
29 | of employment. |
30 | § 6309. Applicability. |
|
1 | This chapter shall apply to county juvenile probation, adult |
2 | probation officers only, and only such officers shall be |
3 | eligible for training under this chapter. |
4 | PART V |
5 | MISCELLANEOUS PROVISIONS |
6 | Chapter |
7 | 71. Interstate Compacts |
8 | CHAPTER 71 |
9 | INTERSTATE COMPACTS |
10 | Subchapter |
11 | A. Interstate Corrections Compact |
12 | B. Interstate Compact for the Supervision of Adult Offenders |
13 | C. Administrative Provisions |
14 | SUBCHAPTER A |
15 | INTERSTATE CORRECTIONS COMPACT |
16 | Sec. |
17 | 7101. Short title of subchapter. |
18 | 7102. Interstate Corrections Compact. |
19 | 7103. Powers. |
20 | § 7101. Short title of subchapter. |
21 | This subchapter may be cited as the Interstate Corrections |
22 | Compact Act. |
23 | § 7102. Interstate Corrections Compact. |
24 | The Interstate Corrections Compact is hereby enacted into law |
25 | and entered into by this State with any other states legally |
26 | joining therein in the form substantially as follows: |
27 | INTERSTATE CORRECTIONS COMPACT |
28 | ARTICLE I |
29 | Purpose and Policy |
30 | The party states, desiring by common action to fully utilize |
|
1 | and improve their institutional facilities and provide adequate |
2 | programs for the confinement, treatment and rehabilitation of |
3 | various types of offenders, declare that it is the policy of |
4 | each of the party states to provide such facilities and programs |
5 | on a basis of cooperation with one another, thereby serving the |
6 | best interests of such offenders and of society and effecting |
7 | economies in capital expenditures and operational costs. The |
8 | purpose of this compact is to provide for the mutual development |
9 | and execution of such programs of cooperation for the |
10 | confinement, treatment and rehabilitation of offenders with the |
11 | most economical use of human and material resources. |
12 | ARTICLE II |
13 | Definitions |
14 | As used in this compact, unless the context clearly requires |
15 | otherwise: |
16 | (a) "State" means a state of the United States; the United |
17 | States of America; a territory or possession of the United |
18 | States; the District of Columbia; the Commonwealth of Puerto |
19 | Rico. |
20 | (b) "Sending state" means a state party to this compact in |
21 | which conviction or court commitment was had. |
22 | (c) "Receiving state" means a state party to this compact to |
23 | which an inmate is sent for confinement other than a state in |
24 | which conviction or court commitment was had. |
25 | (d) "Inmate" means a male or female offender who is |
26 | committed, under sentence to or confined in a penal or |
27 | correctional institution. |
28 | (e) "Institution" means any penal or correctional facility, |
29 | including, but not limited to, a facility for the mentally ill |
30 | or mentally defective, in which inmates as defined in (d) above |
|
1 | may lawfully be confined. |
2 | ARTICLE III |
3 | Contracts |
4 | (a) Each party state may make one or more contracts with any |
5 | one or more of the other party states for the confinement of |
6 | inmates on behalf of a sending state in institutions situated |
7 | within receiving states. Any such contract shall provide for: |
8 | 1. Its duration. |
9 | 2. Payments to be made to the receiving state by the sending |
10 | state for inmate maintenance, extraordinary medical and dental |
11 | expenses, and any participation in or receipt by inmates of |
12 | rehabilitative or correctional services, facilities, programs or |
13 | treatment not reasonably included as part of normal maintenance. |
14 | 3. Participation in programs of inmate employment, if any, |
15 | the disposition or crediting of any payments received by inmates |
16 | on account thereof; and the crediting of proceeds from or |
17 | disposal of any products resulting therefrom. |
18 | 4. Delivery and retaking of inmates. |
19 | 5. Such other matters as may be necessary and appropriate to |
20 | fix the obligations, responsibilities and rights of the sending |
21 | and receiving states. |
22 | (b) The terms and provisions of this compact shall be a part |
23 | of any contract entered into by the authority of or pursuant |
24 | thereto, and nothing in any such contract shall be inconsistent |
25 | therewith. |
26 | ARTICLE IV |
27 | Procedures and Rights |
28 | (a) Whenever the duly constituted authorities in a state |
29 | party to this compact, and which has entered into a contract |
30 | pursuant to Article III, shall decide that confinement in, or |
|
1 | transfer of an inmate to, an institution within the territory of |
2 | another party state is necessary or desirable in order to |
3 | provide adequate quarters and care or an appropriate program of |
4 | rehabilitation or treatment, said officials may direct that the |
5 | confinement be within an institution within the territory of |
6 | said other party state, the receiving state to act in that |
7 | regard solely as agent for the sending state. |
8 | (b) The appropriate officials of any state party to this |
9 | compact shall have access, at all reasonable times, to any |
10 | institution in which it has a contractual right to confine |
11 | inmates for the purpose of inspecting the facilities thereof and |
12 | visiting such of its inmates as may be confined in the |
13 | institution. |
14 | (c) Inmates confined in an institution pursuant to the terms |
15 | of this compact shall at all times be subject to the |
16 | jurisdiction of the sending state and may at any time be removed |
17 | therefrom for transfer to a prison or other institution within |
18 | the sending state, for transfer to another institution in which |
19 | the sending state may have a contractual or other right to |
20 | confine inmates, for release on probation or parole, for |
21 | discharge, or for any other purpose permitted by the laws of the |
22 | sending state; provided that the sending state shall continue to |
23 | be obligated to such payments as may be required pursuant to the |
24 | terms of any contract entered into under the terms of Article |
25 | III. |
26 | (d) Each receiving state shall provide regular reports to |
27 | each sending state on the inmates of that sending state in |
28 | institutions pursuant to this compact including a conduct record |
29 | of each inmate and certify said record to the official |
30 | designated by the sending state, in order that each inmate may |
|
1 | have official review of his or her record in determining and |
2 | altering the disposition of said inmate in accordance with the |
3 | law which may obtain in the sending state and in order that the |
4 | same may be a source of information for the sending state. |
5 | (e) All inmates who may be confined in an institution |
6 | pursuant to the provisions of this compact shall be treated in a |
7 | reasonable and humane manner and shall be treated equally with |
8 | such similar inmates of the receiving state as may be confined |
9 | in the same institution. The fact of confinement in a receiving |
10 | state shall not deprive any inmate so confined of any legal |
11 | rights which said inmate would have had if confined in an |
12 | appropriate institution of the sending state. |
13 | (f) Any hearing or hearings to which an inmate confined |
14 | pursuant to this compact may be entitled by the laws of the |
15 | sending state may be had before the appropriate authorities of |
16 | the sending state, or of the receiving state if authorized by |
17 | the sending state. The receiving state shall provide adequate |
18 | facilities for such hearings as may be conducted by the |
19 | appropriate officials of a sending state. In the event such |
20 | hearing or hearings are had before officials of the receiving |
21 | state, the governing law shall be that of the sending state and |
22 | a record of the hearing or hearings as prescribed by the sending |
23 | state shall be made. Said record together with any |
24 | recommendations of the hearing officials shall be transmitted |
25 | forthwith to the official or officials before whom the hearing |
26 | would have been had if it had taken place in the sending state. |
27 | In any and all proceedings had pursuant to the provisions of |
28 | this subdivision, the officials of the receiving state shall act |
29 | solely as agents of the sending state and no final determination |
30 | shall be made in any matter except by the appropriate officials |
|
1 | of the sending state. |
2 | (g) Any inmate confined pursuant to this compact shall be |
3 | released within the territory of the sending state unless the |
4 | inmate, and the sending and receiving states, shall agree upon |
5 | release in some other place. The sending state shall bear the |
6 | cost of such return to its territory. |
7 | (h) Any inmate confined pursuant to the terms of this |
8 | compact shall have any and all rights to participate in and |
9 | derive any benefits or incur or be relieved of any obligations |
10 | or have such obligations modified or his status changed on |
11 | account of any action or proceeding in which he could have |
12 | participated if confined in any appropriate institution of the |
13 | sending state located within such state. |
14 | (i) The parent, guardian, trustee, or other person or |
15 | persons entitled under the laws of the sending state to act for, |
16 | advise, or otherwise function with respect to any inmate shall |
17 | not be deprived of or restricted in his exercise of any power in |
18 | respect of any inmate confined pursuant to the terms of this |
19 | compact. |
20 | ARTICLE V |
21 | Acts Not Reviewable in Receiving State: Extradition |
22 | (a) Any decision of the sending state in respect of any |
23 | matter over which it retains jurisdiction pursuant to this |
24 | compact shall be conclusive upon and not reviewable within the |
25 | receiving state, but if at the time the sending state seeks to |
26 | remove an inmate from an institution in the receiving state |
27 | there is pending against the inmate within such state any |
28 | criminal charge or if the inmate is formally accused of having |
29 | committed within such state a criminal offense, the inmate shall |
30 | not be returned without the consent of the receiving state until |
|
1 | discharged from prosecution or other form of proceeding, |
2 | imprisonment or detention for such offense. The duly accredited |
3 | officers of the sending state shall be permitted to transport |
4 | inmates pursuant to this compact through any and all states |
5 | party to this compact without interference. |
6 | (b) An inmate who escapes from an institution in which he is |
7 | confined pursuant to this compact shall be deemed a fugitive |
8 | from the sending state and from the state in which the |
9 | institution is situated. In the case of an escape to a |
10 | jurisdiction other than the sending or receiving state, the |
11 | responsibility for institution of extradition or rendition |
12 | proceedings shall be that of the sending state, but nothing |
13 | contained herein shall be construed to prevent or affect the |
14 | activities of officers and agencies of any jurisdiction directed |
15 | toward the apprehension and return of an escapee. |
16 | ARTICLE VI |
17 | Federal Aid |
18 | Any state party to this compact may accept Federal aid for |
19 | use in connection with any institution or program, the use of |
20 | which is or may be affected by this compact or any contract |
21 | pursuant hereto and any inmate in a receiving state pursuant to |
22 | this compact may participate in any such Federally aided program |
23 | or activity for which the sending and receiving states have made |
24 | contractual provisions, provided that if such program or |
25 | activity is not part of the customary correctional regimen, the |
26 | express consent of the appropriate official of the sending state |
27 | shall be required therefor. |
28 | ARTICLE VII |
29 | Entry into Force |
30 | This compact shall enter into force and become effective and |
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1 | binding upon the states so acting when it has been enacted into |
2 | law by any two states. Thereafter, this compact shall enter into |
3 | force and become effective and binding as to any other of said |
4 | states upon similar action by such state. |
5 | ARTICLE VIII |
6 | Withdrawal and Termination |
7 | This compact shall continue in force and remain binding upon |
8 | a party state until it shall have enacted a statute repealing |
9 | the same and providing for the sending of formal written notice |
10 | of withdrawal from the compact to the appropriate officials of |
11 | all other party states. An actual withdrawal shall not take |
12 | effect until one year after the notices provided in said statute |
13 | have been sent. Such withdrawal shall not relieve the |
14 | withdrawing state from its obligations assumed hereunder prior |
15 | to the effective date of withdrawal. Before the effective date |
16 | of withdrawal, a withdrawing state shall remove to its |
17 | territory, at its own expense, such inmates as it may have |
18 | confined pursuant to the provisions of this compact. |
19 | ARTICLE IX |
20 | Other Arrangements Unaffected |
21 | Nothing contained in this compact shall be construed to |
22 | abrogate or impair any agreement or other arrangement which a |
23 | party state may have with a non-party state for the confinement, |
24 | rehabilitation or treatment of inmates nor to repeal any other |
25 | laws of a party state authorizing the making of cooperative |
26 | institutional arrangements. |
27 | ARTICLE X |
28 | Construction and Severability |
29 | The provisions of this compact shall be liberally construed |
30 | and shall be severable. If any phrase, clause, sentence or |
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1 | provision of this compact is declared to be contrary to the |
2 | Constitution of any participating state or of the United States |
3 | or the applicability thereof to any government, agency, person |
4 | or circumstance is held invalid, the validity of the remainder |
5 | of this compact and the applicability thereof to any government, |
6 | agency, person or circumstance shall not be affected thereby. If |
7 | this compact shall be held contrary to the Constitution of any |
8 | state participating therein, the compact shall remain in full |
9 | force and effect as to the remaining states and in full force |
10 | and effect as to the state affected as to all severable matters. |
11 | § 7103. Powers. |
12 | The Attorney General or his designee is hereby authorized and |
13 | directed to do all things necessary or incidental to the |
14 | carrying out of the compact in every particular except that no |
15 | contract for the confinement of inmates in the institutions of |
16 | this State shall be entered into unless the Attorney General or |
17 | the Secretary of Corrections has first determined that the |
18 | inmates are acceptable, notwithstanding the provisions of |
19 | Article IX-B of the act of April 9, 1929 (P.L.177, No.175), |
20 | known as the Administrative Code of 1929. The Attorney General |
21 | or his designee shall not enter into a contract pursuant to |
22 | Article III of the compact relating to inmates who are mentally |
23 | ill or mentally retarded without consultation with the Secretary |
24 | of Public Welfare. |
25 | SUBCHAPTER B |
26 | INTERSTATE COMPACT FOR THE SUPERVISION OF ADULT OFFENDERS |
27 | Sec. |
28 | 7111. Short title of subchapter. |
29 | 7112. Authority to execute compact. |
30 | 7113. When and how compact becomes operative. |
|
1 | 7114. State council and compact administrator. |
2 | § 7111. Short title of subchapter. |
3 | This subchapter shall be known and may be cited as the |
4 | Interstate Compact for the Supervision of Adult Offenders Act. |
5 | § 7112. Authority to execute compact. |
6 | The Governor of Pennsylvania, on behalf of this State, is |
7 | hereby authorized to execute a compact in substantially the |
8 | following form with any one or more of the states of the United |
9 | States, and the General Assembly hereby signifies in advance its |
10 | approval and ratification of such compact: |
11 | ARTICLE I |
12 | PURPOSE |
13 | The compacting states to this Interstate Compact recognize |
14 | that each state is responsible for the supervision of adult |
15 | offenders in the community who are authorized pursuant to the |
16 | Bylaws and Rules of this compact to travel across state lines |
17 | both to and from each compacting state in such a manner as to |
18 | track the location of offenders, transfer supervision authority |
19 | in an orderly and efficient manner, and when necessary return |
20 | offenders to the originating jurisdictions. The compacting |
21 | states also recognize that Congress, by enacting the Crime |
22 | Control Act, 4 U.S.C. § 112 (relating to compacts between States |
23 | for cooperation in prevention of crime; consent of Congress), |
24 | has authorized and encouraged compacts for cooperative efforts |
25 | and mutual assistance in the prevention of crime. It is the |
26 | purpose of this compact and the Interstate Commission created |
27 | hereunder, through means of joint and cooperative action among |
28 | the compacting states: to provide the framework for the |
29 | promotion of public safety and protect the rights of victims |
30 | through the control and regulation of the interstate movement of |
|
1 | offenders in the community; to provide for the effective |
2 | tracking, supervision, and rehabilitation of these offenders by |
3 | the sending and receiving states; and to equitably distribute |
4 | the costs, benefits and obligations of the compact among the |
5 | compacting states. In addition, this compact will: create an |
6 | Interstate Commission which will establish uniform procedures to |
7 | manage the movement between states of adults placed under |
8 | community supervision and released to the community under the |
9 | jurisdiction of courts, paroling authorities, corrections or |
10 | other criminal justice agencies which will promulgate rules to |
11 | achieve the purpose of this compact; ensure an opportunity for |
12 | input and timely notice to victims and to jurisdictions where |
13 | defined offenders are authorized to travel or to relocate across |
14 | state lines; establish a system of uniform data collection, |
15 | access to information on active cases by authorized criminal |
16 | justice officials, and regular reporting of Compact activities |
17 | to heads of state councils, state executive, judicial, and |
18 | legislative branches and criminal justice administrators; |
19 | monitor compliance with rules governing interstate movement of |
20 | offenders and initiate interventions to address and correct non- |
21 | compliance; and coordinate training and education regarding |
22 | regulations of interstate movement of offenders for officials |
23 | involved in such activity. The compacting states recognize that |
24 | there is no "right" of any offender to live in another state and |
25 | that duly accredited officers of a sending state may at all |
26 | times enter a receiving state and there apprehend and retake any |
27 | offender under supervision subject to the provisions of this |
28 | compact and Bylaws and Rules promulgated hereunder. It is the |
29 | policy of the compacting states that the activities conducted by |
30 | the Interstate Commission created herein are the formation of |
|
1 | public policies and are therefore public business. |
2 | ARTICLE II |
3 | DEFINITIONS |
4 | As used in this compact, unless the context clearly requires |
5 | a different construction: |
6 | "Adult" means both individuals legally classified as adults |
7 | and juveniles treated as adults by court order, statute, or |
8 | operation of law. |
9 | "Bylaws" means those Bylaws established by the Interstate |
10 | Commission for its governance, or for directing or controlling |
11 | the Interstate Commission's actions or conduct. |
12 | "Compact Administrator" means the individual in each |
13 | compacting state appointed pursuant to the terms of this compact |
14 | responsible for the administration and management of the state's |
15 | supervision and transfer of offenders subject to the terms of |
16 | this compact, the rules adopted by the Interstate Commission and |
17 | policies adopted by the State Council under this compact. |
18 | "Compacting state" means any state which has enacted the |
19 | enabling legislation for this compact. |
20 | "Commissioner" means the voting representative of each |
21 | compacting state appointed pursuant to Article III of this |
22 | compact. |
23 | "Interstate Commission" means the Interstate Commission for |
24 | Adult Offender Supervision established by this compact. |
25 | "Member" means the commissioner of a compacting state or |
26 | designee, who shall be a person officially connected with the |
27 | commissioner. |
28 | "Non-compacting state" means any state which has not enacted |
29 | the enabling legislation for this compact. |
30 | "Offender" means an adult placed under, or subject to, |
|
1 | supervision as the result of the commission of a criminal |
2 | offense and released to the community under the jurisdiction of |
3 | courts, paroling authorities, corrections, or other criminal |
4 | justice agencies. |
5 | "Person" means any individual, corporation, business |
6 | enterprise, or other legal entity, either public or private. |
7 | "Rules" means acts of the Interstate Commission, duly |
8 | promulgated pursuant to Article VIII of this compact, |
9 | substantially affecting interested parties in addition to the |
10 | Interstate Commission, which shall have the force and effect of |
11 | law in the compacting states. |
12 | "State" means a state of the United States, the District of |
13 | Columbia and any other territorial possessions of the United |
14 | States. |
15 | "State Council" means the resident members of the State |
16 | Council for Interstate Adult Offender Supervision created by |
17 | each state under Article III of this compact. |
18 | ARTICLE III |
19 | THE COMPACT COMMISSION |
20 | The compacting states hereby create the "Interstate |
21 | Commission for Adult Offender Supervision." The Interstate |
22 | Commission shall be a body corporate and joint agency of the |
23 | compacting states. The Interstate Commission shall have all the |
24 | responsibilities, powers and duties set forth herein, including |
25 | the power to sue and be sued, and such additional powers as may |
26 | be conferred upon it by subsequent action of the respective |
27 | legislatures of the compacting states in accordance with the |
28 | terms of this compact. The Interstate Commission shall consist |
29 | of Commissioners selected and appointed by resident members of a |
30 | State Council for Interstate Adult Offender Supervision for each |
|
1 | state. |
2 | In addition to the Commissioners who are the voting |
3 | representatives of each state, the Interstate Commission shall |
4 | include individuals who are not commissioners but who are |
5 | members of interested organizations; such non-commissioner |
6 | members must include a member of the national organizations of |
7 | governors, legislators, state chief justices, attorneys general |
8 | and crime victims. All non-commissioner members of the |
9 | Interstate Commission shall be ex-officio (non-voting) members. |
10 | The Interstate Commission may provide in its Bylaws for such |
11 | additional, ex-officio, non-voting members as it deems |
12 | necessary. |
13 | Each compacting state represented at any meeting of the |
14 | Interstate Commission is entitled to one vote. A majority of the |
15 | compacting states shall constitute a quorum for the transaction |
16 | of business, unless a larger quorum is required by the Bylaws of |
17 | the Interstate Commission. |
18 | The Interstate Commission shall meet at least once each |
19 | calendar year. The chairperson may call additional meetings and, |
20 | upon the request of 27 or more compacting states, shall call |
21 | additional meetings. Public notice shall be given of all |
22 | meetings and meetings shall be open to the public. |
23 | The Interstate Commission shall establish an Executive |
24 | Committee which shall include commission officers, members and |
25 | others as shall be determined by the Bylaws. The Executive |
26 | Committee shall have the power to act on behalf of the |
27 | Interstate Commission during periods when the Interstate |
28 | Commission is not in session, with the exception of rulemaking |
29 | and/or amendment to the Compact. The Executive Committee |
30 | oversees the day-to-day activities managed by the Executive |
|
1 | Director and Interstate Commission staff; administers |
2 | enforcement and compliance with the provisions of the compact, |
3 | its Bylaws and as directed by the Interstate Commission and |
4 | performs other duties as directed by Commission or set forth in |
5 | the Bylaws. |
6 | ARTICLE IV |
7 | THE STATE COUNCIL |
8 | Each member state shall create a State Council for Interstate |
9 | Adult Offender Supervision which shall be responsible for the |
10 | appointment of the commissioner who shall serve on the |
11 | Interstate Commission from that state. Each state council shall |
12 | appoint as its commissioner the Compact Administrator from that |
13 | state to serve on the Interstate Commission in such capacity |
14 | under or pursuant to applicable law of the member state. While |
15 | each member state may determine the membership of its own state |
16 | council, its membership must include at least one representative |
17 | from the legislative, judicial, and executive branches of |
18 | government, victims groups and compact administrators. Each |
19 | compacting state retains the right to determine the |
20 | qualifications of the Compact Administrator who shall be |
21 | appointed by the Governor in consultation with the Legislature |
22 | and the Judiciary. In addition to appointment of its |
23 | commissioner to the National Interstate Commission, each state |
24 | council shall exercise oversight and advocacy concerning its |
25 | participation in Interstate Commission activities and other |
26 | duties as may be determined by each member state, including, but |
27 | not limited to, development of policy concerning operations and |
28 | procedures of the compact within that state. |
29 | ARTICLE V |
30 | POWERS AND DUTIES OF THE INTERSTATE COMMISSION |
|
1 | The Interstate Commission shall have the following powers: |
2 | To adopt a seal and suitable Bylaws governing the management |
3 | and operation of the Interstate Commission. |
4 | To promulgate rules which shall have the force and effect of |
5 | statutory law and shall be binding in the compacting states to |
6 | the extent and in the manner provided in this compact. |
7 | To oversee, supervise and coordinate the interstate movement |
8 | of offenders subject to the terms of this compact and any Bylaws |
9 | adopted and rules promulgated by the compact commission. |
10 | To enforce compliance with compact provisions, Interstate |
11 | Commission rules, and Bylaws, using all necessary and proper |
12 | means, including, but not limited to, the use of judicial |
13 | process. |
14 | To establish and maintain offices. |
15 | To purchase and maintain insurance and bonds. |
16 | To borrow, accept, or contract for services of personnel, |
17 | including, but not limited to, members and their staffs. |
18 | To establish and appoint committees and hire staff which it |
19 | deems necessary for the carrying out of its functions including, |
20 | but not limited to, an executive committee as required by |
21 | Article III which shall have the power to act on behalf of the |
22 | Interstate Commission in carrying out its powers and duties |
23 | hereunder. |
24 | To elect or appoint such officers, attorneys, employees, |
25 | agents, or consultants, and to fix their compensation, define |
26 | their duties and determine their qualifications; and to |
27 | establish the Interstate Commission's personnel policies and |
28 | programs relating to, among other things, conflicts of interest, |
29 | rates of compensation, and qualifications of personnel. |
30 | To accept any and all donations and grants of money, |
|
1 | equipment, supplies, materials, and services, and to receive, |
2 | utilize, and dispose of same. |
3 | To lease, purchase, accept contributions or donations of, or |
4 | otherwise to own, hold, improve or use any property, real, |
5 | personal, or mixed. |
6 | To sell, convey, mortgage, pledge, lease, exchange, abandon, |
7 | or otherwise dispose of any property, real, personal or mixed. |
8 | To establish a budget and make expenditures and levy dues as |
9 | provided in Article X of this compact. |
10 | To sue and be sued. |
11 | To provide for dispute resolution among Compacting States. |
12 | To perform such functions as may be necessary or appropriate |
13 | to achieve the purposes of this compact. |
14 | To report annually to the legislatures, governors, judiciary, |
15 | and state councils of the compacting states concerning the |
16 | activities of the Interstate Commission during the preceding |
17 | year. Such reports shall also include any recommendations that |
18 | may have been adopted by the Interstate Commission. |
19 | To coordinate education, training and public awareness |
20 | regarding the interstate movement of offenders for officials |
21 | involved in such activity. |
22 | To establish uniform standards for the reporting, collecting, |
23 | and exchanging of data. |
24 | ARTICLE VI |
25 | ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION |
26 | Section A. Bylaws |
27 | The Interstate Commission shall, by a majority of the |
28 | Members, within twelve months of the first Interstate Commission |
29 | meeting, adopt Bylaws to govern its conduct as may be necessary |
30 | or appropriate to carry out the purposes of the Compact, |
|
1 | including, but not limited to: establishing the fiscal year of |
2 | the Interstate Commission; establishing an executive committee |
3 | and such other committees as may be necessary; providing |
4 | reasonable standards and procedures: |
5 | (i) for the establishment of committees, and |
6 | (ii) governing any general or specific delegation of any |
7 | authority or function of the Interstate Commission; |
8 | providing reasonable procedures for calling and conducting |
9 | meetings of the Interstate Commission, and ensuring reasonable |
10 | notice of each such meeting; establishing the titles and |
11 | responsibilities of the officers of the Interstate Commission; |
12 | providing reasonable standards and procedures for the |
13 | establishment of the personnel policies and programs of the |
14 | Interstate Commission. Notwithstanding any civil service or |
15 | other similar laws of any Compacting State, the Bylaws shall |
16 | exclusively govern the personnel policies and programs of the |
17 | Interstate Commission; and providing a mechanism for winding up |
18 | the operations of the Interstate Commission and the equitable |
19 | return of any surplus funds that may exist upon the termination |
20 | of the Compact after the payment and/or reserving of all of its |
21 | debts and obligations; providing transition rules for "start up" |
22 | administration of the Compact; establishing standards and |
23 | procedures for compliance and technical assistance in carrying |
24 | out the Compact. |
25 | Section B. Officers and Staff |
26 | The Interstate Commission shall, by a majority of the |
27 | Members, elect from among its Members a chairperson and a vice |
28 | chairperson, each of whom shall have such authorities and duties |
29 | as may be specified in the Bylaws. The chairperson or, in his or |
30 | her absence or disability, the vice chairperson, shall preside |
|
1 | at all meetings of the Interstate Commission. The Officers so |
2 | elected shall serve without compensation or remuneration from |
3 | the Interstate Commission; PROVIDED THAT, subject to the |
4 | availability of budgeted funds, the officers shall be reimbursed |
5 | for any actual and necessary costs and expenses incurred by them |
6 | in the performance of their duties and responsibilities as |
7 | officers of the Interstate Commission. |
8 | The Interstate Commission shall, through its executive |
9 | committee, appoint or retain an executive director for such |
10 | period, upon such terms and conditions and for such compensation |
11 | as the Interstate Commission may deem appropriate. The executive |
12 | director shall serve as secretary to the Interstate Commission, |
13 | and hire and supervise such other staff as may be authorized by |
14 | the Interstate Commission, but shall not be a Member. |
15 | Section C. Corporate Records of the Interstate Commission |
16 | The Interstate Commission shall maintain its corporate books |
17 | and records in accordance with the Bylaws. |
18 | Section D. Qualified Immunity, Defense and Indemnification |
19 | The Members, officers, executive director and employees of |
20 | the Interstate Commission shall be immune from suit and |
21 | liability, either personally or in their official capacity, for |
22 | any claim for damage to or loss of property or personal injury |
23 | or other civil liability caused or arising out of any actual or |
24 | alleged act, error or omission that occurred within the scope of |
25 | Interstate Commission employment, duties or responsibilities; |
26 | PROVIDED, that nothing in this paragraph shall be construed to |
27 | protect any such person from suit and/or liability for any |
28 | damage, loss injury or liability caused by the intentional or |
29 | willful and wanton misconduct of any such person. |
30 | The Interstate Commission shall defend the Commissioner of a |
|
1 | Compacting State, or his or her representatives or employees, or |
2 | the Interstate Commission's representatives or employees, in any |
3 | civil action seeking to impose liability, arising out of any |
4 | actual or alleged act, error or omission that occurred within |
5 | the scope of Interstate Commission employment, duties or |
6 | responsibilities, or that the defendant had a reasonable basis |
7 | for believing occurred within the scope of Interstate Commission |
8 | employment, duties or responsibilities; PROVIDED, that the |
9 | actual or alleged act, error or omission did not result from |
10 | intentional wrongdoing on the part of such person. |
11 | The Interstate Commission shall indemnify and hold the |
12 | Commissioner of a Compacting State, the appointed designee or |
13 | employees, or the Interstate Commission's representatives or |
14 | employees, harmless in the amount of any settlement or judgment |
15 | obtained against such persons arising out of any actual or |
16 | alleged act, error or omission that occurred within the scope of |
17 | Interstate Commission employment, duties or responsibilities, or |
18 | that such persons had a reasonable basis for believing occurred |
19 | within the scope of Interstate Commission employment, duties or |
20 | responsibilities, PROVIDED, that the actual or alleged act, |
21 | error or omission did not result from gross negligence or |
22 | intentional wrongdoing on the part of such person. |
23 | ARTICLE VII |
24 | ACTIVITIES OF THE INTERSTATE COMMISSION |
25 | The Interstate Commission shall meet and take such actions as |
26 | are consistent with the provisions of this Compact. |
27 | Except as otherwise provided in this Compact and unless a |
28 | greater percentage is required by the Bylaws, in order to |
29 | constitute an act of the Interstate Commission, such act shall |
30 | have been taken at a meeting of the Interstate Commission and |
|
1 | shall have received an affirmative vote of a majority of the |
2 | Members present. |
3 | Each Member of the Interstate Commission shall have the right |
4 | and power to cast a vote to which that Compacting State is |
5 | entitled and to participate in the business and affairs of the |
6 | Interstate Commission. A Member shall vote in person on behalf |
7 | of the state and shall not delegate a vote to another member |
8 | state. However, a State Council shall appoint another authorized |
9 | representative, in the absence of the commissioner from that |
10 | state, to cast a vote on behalf of the member state at a |
11 | specified meeting. The Bylaws may provide for Members' |
12 | participation in meetings by telephone or other means of |
13 | telecommunication or electronic communication. Any voting |
14 | conducted by telephone, or other means of telecommunication or |
15 | electronic communication shall be subject to the same quorum |
16 | requirements of meetings where members are present in person. |
17 | The Interstate Commission shall meet at least once during |
18 | each calendar year. The chairperson of the Interstate Commission |
19 | may call additional meetings at any time and, upon the request |
20 | of a majority of the Members, shall call additional meetings. |
21 | The Interstate Commission's Bylaws shall establish conditions |
22 | and procedures under which the Interstate Commission shall make |
23 | its information and official records available to the public for |
24 | inspection or copying. The Interstate Commission may exempt from |
25 | disclosure any information or official records to the extent |
26 | they would adversely affect personal privacy rights or |
27 | proprietary interests. In promulgating such Rules, the |
28 | Interstate Commission may make available to law enforcement |
29 | agencies records and information otherwise exempt from |
30 | disclosure, and may enter into agreements with law enforcement |
|
1 | agencies to receive or exchange information or records subject |
2 | to nondisclosure and confidentiality provisions. |
3 | Public notice shall be given of all meetings and all meetings |
4 | shall be open to the public, except as set forth in the Rules or |
5 | as otherwise provided in the Compact. The Interstate Commission |
6 | shall promulgate Rules consistent with the principles contained |
7 | in the "Government in Sunshine Act," 5 U.S.C. Section 552(b), as |
8 | may be amended. The Interstate Commission and any of its |
9 | committees may close a meeting to the public where it determines |
10 | by two-thirds vote that an open meeting would be likely to: |
11 | relate solely to the Interstate Commission's internal |
12 | personnel practices and procedures; |
13 | disclose matters specifically exempted from disclosure by |
14 | statute; |
15 | disclose trade secrets or commercial or financial information |
16 | which is privileged or confidential; |
17 | involve accusing any person of a crime, or formally censuring |
18 | any person; |
19 | disclose information of a personal nature where disclosure |
20 | would constitute a clearly unwarranted invasion of personal |
21 | privacy; |
22 | disclose investigatory records compiled for law enforcement |
23 | purposes; |
24 | disclose information contained in or related to examination, |
25 | operating or condition reports prepared by, or on behalf of or |
26 | for the use of, the Interstate Commission with respect to a |
27 | regulated entity for the purpose of regulation or supervision of |
28 | such entity; |
29 | disclose information, the premature disclosure of which would |
30 | significantly endanger the life of a person or the stability of |
|
1 | a regulated entity; |
2 | specifically relate to the Interstate Commission's issuance |
3 | of a subpoena, or its participation in a civil action or |
4 | proceeding. |
5 | For every meeting closed pursuant to this provision, the |
6 | Interstate Commission's chief legal officer shall publicly |
7 | certify that, in his or her opinion, the meeting may be closed |
8 | to the public, and shall reference each relevant exemptive |
9 | provision. The Interstate Commission shall keep minutes which |
10 | shall fully and clearly describe all matters discussed in any |
11 | meeting and shall provide a full and accurate summary of any |
12 | actions taken, and the reasons therefor, including a description |
13 | of each of the views expressed on any item and the record of any |
14 | roll call vote (reflected in the vote of each Member on the |
15 | question). All documents considered in connection with any |
16 | action shall be identified in such minutes. |
17 | The Interstate Commission shall collect standardized data |
18 | concerning the interstate movement of offenders as directed |
19 | through its Bylaws and Rules which shall specify the data to be |
20 | collected and the means of collection and data exchange and |
21 | reporting requirements. |
22 | ARTICLE VIII |
23 | RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION |
24 | The Interstate Commission shall promulgate Rules in order to |
25 | effectively and efficiently achieve the purposes of the Compact |
26 | including transition rules governing administration of the |
27 | Compact during the period in which it is being considered and |
28 | enacted by the states. |
29 | Rulemaking shall occur pursuant to the criteria set forth in |
30 | this Article and the Bylaws and Rules adopted pursuant thereto. |
|
1 | Such rulemaking shall substantially conform to the principles of |
2 | the Federal Administrative Procedure Act, 5 U.S.C. Ch. 5 Subchs. |
3 | II (relating to administrative procedure) and III (relating to |
4 | negotiated rulemaking procedure), and the Federal Advisory |
5 | Committee Act, 5 U.S.C.S. app. 2, section 1 et seq., as may be |
6 | amended (hereinafter "APA"). |
7 | All Rules and amendments shall become binding as of the date |
8 | specified in each Rule or amendment. |
9 | If a majority of the legislatures of the Compacting States |
10 | rejects a Rule, by enactment of a statute or resolution in the |
11 | same manner used to adopt the compact, then such Rule shall have |
12 | no further force and effect in any Compacting State. |
13 | When promulgating a Rule, the Interstate Commission shall: |
14 | publish the proposed Rule stating with particularity the text |
15 | of the Rule which is proposed and the reason for the proposed |
16 | Rule; |
17 | allow persons to submit written data, facts, opinions and |
18 | arguments, which information shall be publicly available; |
19 | provide an opportunity for an informal hearing; and |
20 | promulgate a final Rule and its effective date, if |
21 | appropriate, based on the rulemaking record. |
22 | Not later than sixty days after a Rule is promulgated, any |
23 | interested person may file a petition in the United States |
24 | District Court for the District of Columbia or in the Federal |
25 | District Court where the Interstate Commission's principal |
26 | office is located for judicial review of such Rule. If the court |
27 | finds that the Interstate Commission's action is not supported |
28 | by substantial evidence, (as defined in the APA), in the |
29 | rulemaking record, the court shall hold the Rule unlawful and |
30 | set it aside. |
|
1 | Subjects to be addressed within 12 months after the first |
2 | meeting must at a minimum include: |
3 | notice to victims and opportunity to be heard; |
4 | offender registration and compliance; |
5 | violations/ returns; |
6 | transfer procedures and forms; |
7 | eligibility for transfer; |
8 | collection of restitution and fees from offenders; |
9 | data collection and reporting; |
10 | the level of supervision to be provided by the receiving |
11 | state; |
12 | transition rules governing the operation of the compact and |
13 | the Interstate Commission during all or part of the period |
14 | between the effective date of the compact and the date on which |
15 | the last eligible state adopts the compact; |
16 | mediation, arbitration and dispute resolution. |
17 | The existing rules governing the operation of the previous |
18 | compact superseded by this Act shall be null and void twelve |
19 | (12) months after the first meeting of the Interstate Commission |
20 | created hereunder. |
21 | Upon determination by the Interstate Commission that an |
22 | emergency exists, it may promulgate an emergency rule which |
23 | shall become effective immediately upon adoption, provided that |
24 | the usual rulemaking procedures provided hereunder shall be |
25 | retroactively applied to said rule as soon as reasonably |
26 | possible, in no event later than 90 days after the effective |
27 | date of the rule. |
28 | ARTICLE IX |
29 | OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION |
30 | BY THE INTERSTATE COMMISSION |
|
1 | Section A. Oversight |
2 | The Interstate Commission shall oversee the interstate |
3 | movement of adult offenders in the compacting states and shall |
4 | monitor such activities being administered in Non-compacting |
5 | States which may significantly affect Compacting States. |
6 | The courts and executive agencies in each Compacting State |
7 | shall enforce this Compact and shall take all actions necessary |
8 | and appropriate to effectuate the Compact's purposes and intent. |
9 | In any judicial or administrative proceeding in a Compacting |
10 | State pertaining to the subject matter of this Compact which may |
11 | affect the powers, responsibilities or actions of the Interstate |
12 | Commission, the Interstate Commission shall be entitled to |
13 | receive all service of process in any such proceeding, and shall |
14 | have standing to intervene in the proceeding for all purposes. |
15 | Section B. Dispute Resolution |
16 | The Compacting States shall report to the Interstate |
17 | Commission on issues or activities of concern to them, and |
18 | cooperate with and support the Interstate Commission in the |
19 | discharge of its duties and responsibilities. |
20 | The Interstate Commission shall attempt to resolve any |
21 | disputes or other issues which are subject to the compact and |
22 | which may arise among Compacting States and Non-compacting |
23 | States. |
24 | The Interstate Commission shall enact a Bylaw or promulgate a |
25 | Rule providing for both mediation and binding dispute resolution |
26 | for disputes among the Compacting States. |
27 | Section C. Enforcement |
28 | The Interstate Commission, in the reasonable exercise of its |
29 | discretion, shall enforce the provisions of this compact using |
30 | any or all means set forth in Article XII, Section B, of this |
|
1 | compact. |
2 | Section D. Extradition |
3 | The duly accredited officers of a sending state may at all |
4 | times enter a receiving state, and there apprehend and retake |
5 | any person on probation or parole. For that purpose, no |
6 | formalities will be required other than establishing the |
7 | authority of the officer and the identity of the person to be |
8 | retaken. All legal requirements to obtain extradition of |
9 | fugitives from justice are hereby expressly waived on the part |
10 | of states party hereto as to such persons. The decision of the |
11 | sending state to retake a person on probation or parole shall be |
12 | conclusive upon and not reviewable within the receiving state. |
13 | If at the time when a state seeks to retake a probationer or |
14 | parolee, there should be pending against him within the |
15 | receiving state any criminal charge, or he is suspected of |
16 | having committed within such state a criminal offense, he shall |
17 | not be retaken without the consent of the receiving state until |
18 | discharged from prosecution or from imprisonment for such |
19 | offense. The duly accredited officers of the sending state will |
20 | be permitted to transport prisoners being retaken through any |
21 | and all states parties to this compact without interference. |
22 | ARTICLE X |
23 | FINANCE |
24 | The Interstate Commission shall pay or provide for the |
25 | payment of the reasonable expenses of its establishment, |
26 | organization and ongoing activities. |
27 | The Interstate Commission shall levy on and collect an annual |
28 | assessment from each Compacting State to cover the cost of the |
29 | internal operations and activities of the Interstate Commission |
30 | and its staff which must be in a total amount sufficient to |
|
1 | cover the Interstate Commission's annual budget as approved each |
2 | year. The aggregate annual assessment amount shall be allocated |
3 | based upon a formula to be determined by the Interstate |
4 | Commission, taking into consideration the population of the |
5 | state and the volume of interstate movement of offenders in each |
6 | Compacting State and shall promulgate a Rule binding upon all |
7 | Compacting States which governs said assessment. |
8 | The Interstate Commission shall not incur any obligations of |
9 | any kind prior to securing the funds adequate to meet the same; |
10 | nor shall the Interstate Commission pledge the credit of any of |
11 | the Compacting States, except by and with the authority of the |
12 | Compacting State. |
13 | The Interstate Commission shall keep accurate accounts of all |
14 | receipts and disbursements. The receipts and disbursements of |
15 | the Interstate Commission shall be subject to the audit and |
16 | accounting procedures established under its Bylaws. However, all |
17 | receipts and disbursements of funds handled by the Interstate |
18 | Commission shall be audited yearly by a certified or licensed |
19 | public accountant and the report of the audit shall be included |
20 | in and become part of the annual report of the Interstate |
21 | Commission. |
22 | ARTICLE XI |
23 | COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT |
24 | Any state, as defined in Article II of this Compact, is |
25 | eligible to become a Compacting State. The Compact shall become |
26 | effective and binding upon legislative enactment of the Compact |
27 | into law by no less than 35 of the States. The initial effective |
28 | date shall be the later of July 1, 2001, or upon enactment into |
29 | law by the 35th jurisdiction. Thereafter it shall become |
30 | effective and binding, as to any other Compacting State, upon |
|
1 | enactment of the Compact into law by that State. The governors |
2 | of Non-member states or their designees will be invited to |
3 | participate in Interstate Commission activities on a non-voting |
4 | basis prior to adoption of the Compact by all states and |
5 | territories of the United States. |
6 | Amendments to the Compact may be proposed by the Interstate |
7 | Commission for enactment by the Compacting States. No amendment |
8 | shall become effective and binding upon the Interstate |
9 | Commission and the Compacting States unless and until it is |
10 | enacted into law by unanimous consent of the Compacting States. |
11 | ARTICLE XII |
12 | WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT |
13 | Section A. Withdrawal |
14 | Once effective, the Compact shall continue in force and |
15 | remain binding upon each and every Compacting State; PROVIDED, |
16 | that a Compacting State may withdraw from the Compact |
17 | ("Withdrawing State") by enacting a statute specifically |
18 | repealing the statute which enacted the Compact into law. The |
19 | effective date of withdrawal is the effective date of the |
20 | repeal. |
21 | The Withdrawing State shall immediately notify the |
22 | chairperson of the Interstate Commission in writing upon the |
23 | introduction of legislation repealing this Compact in the |
24 | Withdrawing State. |
25 | The Interstate Commission shall notify the other Compacting |
26 | States of the Withdrawing State's intent to withdraw within |
27 | sixty days of its receipt thereof. |
28 | The Withdrawing State is responsible for all assessments, |
29 | obligations and liabilities incurred through the effective date |
30 | of withdrawal, including any obligations, the performance of |
|
1 | which extend beyond the effective date of withdrawal. |
2 | Reinstatement following withdrawal of any Compacting State |
3 | shall occur upon the Withdrawing State reenacting the Compact or |
4 | upon such later date as determined by the Interstate Commission. |
5 | Section B. Default |
6 | If the Interstate Commission determines that any Compacting |
7 | State has at any time defaulted ("Defaulting State") in the |
8 | performance of any of its obligations or responsibilities under |
9 | this Compact, the Bylaws or any duly promulgated Rules the |
10 | Interstate Commission may impose any or all of the following |
11 | penalties: |
12 | Fines, fees and costs in such amounts as are deemed to be |
13 | reasonable as fixed by the Interstate Commission; |
14 | Remedial training and technical assistance as directed by the |
15 | Interstate Commission; |
16 | Suspension and termination of membership in the Compact. |
17 | Suspension shall be imposed only after all other reasonable |
18 | means of securing compliance under the Bylaws and Rules have |
19 | been exhausted. Immediate notice of suspension shall be given by |
20 | the Interstate Commission to the Governor, the Chief Justice or |
21 | Chief Judicial Officer of the state; the majority and minority |
22 | leaders of the defaulting state's legislature, and the State |
23 | Council. |
24 | The grounds for default include, but are not limited to, |
25 | failure of a Compacting State to perform such obligations or |
26 | responsibilities imposed upon it by this compact, Interstate |
27 | Commission Bylaws, or duly promulgated Rules. The Interstate |
28 | Commission shall immediately notify the Defaulting State in |
29 | writing of the penalty imposed by the Interstate Commission on |
30 | the Defaulting State pending a cure of the default. The |
|
1 | Interstate Commission shall stipulate the conditions and the |
2 | time period within which the Defaulting State must cure its |
3 | default. If the Defaulting State fails to cure the default |
4 | within the time period specified by the Interstate Commission, |
5 | in addition to any other penalties imposed herein, the |
6 | Defaulting State may be terminated from the Compact upon an |
7 | affirmative vote of a majority of the Compacting States and all |
8 | rights, privileges and benefits conferred by this Compact shall |
9 | be terminated from the effective date of suspension. Within |
10 | sixty days of the effective date of termination of a Defaulting |
11 | State, the Interstate Commission shall notify the Governor, the |
12 | Chief Justice or Chief Judicial Officer and the Majority and |
13 | Minority Leaders of the Defaulting State's legislature and the |
14 | state council of such termination. |
15 | The Defaulting State is responsible for all assessments, |
16 | obligations and liabilities incurred through the effective date |
17 | of termination including any obligations, the performance of |
18 | which extends beyond the effective date of termination. |
19 | The Interstate Commission shall not bear any costs relating |
20 | to the Defaulting State unless otherwise mutually agreed upon |
21 | between the Interstate Commission and the Defaulting State. |
22 | Reinstatement following termination of any Compacting State |
23 | requires both a reenactment of the Compact by the Defaulting |
24 | State and the approval of the Interstate Commission pursuant to |
25 | the Rules. |
26 | Section C. Judicial Enforcement |
27 | The Interstate Commission may, by majority vote of the |
28 | Members, initiate legal action in the United States District |
29 | Court for the District of Columbia or, at the discretion of the |
30 | Interstate Commission, in the Federal District where the |
|
1 | Interstate Commission has its offices to enforce compliance with |
2 | the provisions of the Compact, its duly promulgated Rules and |
3 | Bylaws, against any Compacting State in default. In the event |
4 | judicial enforcement is necessary the prevailing party shall be |
5 | awarded all costs of such litigation including reasonable |
6 | attorneys fees. |
7 | Section D. Dissolution of Compact |
8 | The Compact dissolves effective upon the date of the |
9 | withdrawal or default of the Compacting State which reduces |
10 | membership in the Compact to one Compacting State. |
11 | Upon the dissolution of this Compact, the Compact becomes |
12 | null and void and shall be of no further force or effect, and |
13 | the business and affairs of the Interstate Commission shall be |
14 | wound up and any surplus funds shall be distributed in |
15 | accordance with the Bylaws. |
16 | ARTICLE XIII |
17 | SEVERABILITY AND CONSTRUCTION |
18 | The provisions of this Compact shall be severable, and if any |
19 | phrase, clause, sentence or provision is deemed unenforceable, |
20 | the remaining provisions of the Compact shall be enforceable. |
21 | The provisions of this Compact shall be liberally constructed to |
22 | effectuate its purposes. |
23 | ARTICLE XIV |
24 | BINDING EFFECT OF COMPACT AND OTHER LAWS |
25 | Section A. Other Laws |
26 | Nothing herein prevents the enforcement of any other law of a |
27 | Compacting State that is not inconsistent with this Compact. All |
28 | Compacting States' laws conflicting with this Compact are |
29 | superseded to the extent of the conflict. |
30 | Section B. Binding Effect of the Compact |
|
1 | All lawful actions of the Interstate Commission, including |
2 | all Rules and Bylaws promulgated by the Interstate Commission, |
3 | are binding upon the Compacting States. |
4 | All agreements between the Interstate Commission and the |
5 | Compacting States are binding in accordance with their terms. |
6 | Upon the request of a party to a conflict over meaning or |
7 | interpretation of Interstate Commission actions, and upon a |
8 | majority vote of the Compacting States, the Interstate |
9 | Commission may issue advisory opinions regarding such meaning or |
10 | interpretation. |
11 | In the event any provision of this Compact exceeds the |
12 | constitutional limits imposed on the legislature of any |
13 | Compacting State, the obligations, duties, powers or |
14 | jurisdiction sought to be conferred by such provision upon the |
15 | Interstate Commission shall be ineffective and such obligations, |
16 | duties, powers or jurisdiction shall remain in the Compacting |
17 | State and shall be exercised by the agency thereof to which such |
18 | obligations, duties, powers or jurisdiction are delegated by law |
19 | in effect at the time this Compact becomes effective. |
20 | § 7113. When and how compact becomes operative. |
21 | (a) General rule.--When the Governor executes the Interstate |
22 | Compact for the Supervision of Adult Offenders on behalf of this |
23 | State and files a verified copy thereof with the Secretary of |
24 | the Commonwealth and when the compact is ratified by one or more |
25 | other states, then the compact shall become operative and |
26 | effective between this State and such other state or states. The |
27 | Governor is hereby authorized and directed to take such action |
28 | as may be necessary to complete the exchange of official |
29 | documents between this State and any other state ratifying the |
30 | compact. |
|
1 | (b) Notice in Pennsylvania Bulletin.--The Secretary of the |
2 | Commonwealth shall publish a notice in the Pennsylvania Bulletin |
3 | when the conditions set forth in subsection (a) are satisfied |
4 | and shall include in the notice the date on which the compact |
5 | became effective and operative between this State and any other |
6 | state or states in accordance with this subchapter. |
7 | § 7114. State council and compact administrator. |
8 | (a) State council.--Consistent with Article IV of the |
9 | Interstate Compact for the Supervision of Adult Offenders, there |
10 | is hereby established the State Council for Interstate Adult |
11 | Offender Supervision. The council shall consist of nine members, |
12 | seven of whom shall be appointed by the Governor. At least two |
13 | members shall be judges of courts of record of this Commonwealth |
14 | and at least one shall be a county chief probation officer, a |
15 | representative from the executive branch of government, a |
16 | representative of victims groups and the compact administrator. |
17 | The President pro tempore of the Senate and the Speaker of the |
18 | House of Representatives shall each appoint a member of the |
19 | General Assembly to serve as a member of the council. The term |
20 | of a member of the council hereafter appointed, except to fill a |
21 | vacancy, shall be for four years and until a successor has been |
22 | appointed, but in no event more than 90 days beyond the |
23 | expiration of the appointed term. The term of a member of the |
24 | council who is appointed by virtue of serving as a member of the |
25 | General Assembly, as a judge or as a county chief probation |
26 | officer shall continue only as long as the individual remains in |
27 | that office. A vacancy occurring in an office of a member of the |
28 | council by expiration of term or for any other reason shall be |
29 | filled by the appointing authority for the remainder of the |
30 | term. |
|
1 | (b) Appointment of administrator.--The compact administrator |
2 | shall be appointed by the Governor and shall serve as a member |
3 | of the State Council for the Supervision of Adult Offenders and |
4 | shall serve on the Interstate Commission for Adult Offender |
5 | Supervision established pursuant to the Interstate Compact for |
6 | the Supervision of Adult Offenders. |
7 | (c) Compensation and expenses of administrator.--The compact |
8 | administrator who represents this State, as provided for in |
9 | Article IV of the Interstate Compact for the Supervision of |
10 | Adult Offenders, shall not be entitled to any additional |
11 | compensation for his duties and responsibilities as compact |
12 | administrator but shall be entitled to reimbursement for |
13 | reasonable expenses actually incurred in connection with his |
14 | duties and responsibilities as compact administrator in the same |
15 | manner as for expenses incurred in connection with other duties |
16 | and responsibilities of his office or employment. |
17 | SUBCHAPTER C |
18 | ADMINISTRATIVE PROVISIONS |
19 | Sec. |
20 | 7121. Deputization. |
21 | 7122. Supervision of persons paroled by other states. |
22 | 7123. Penalty. |
23 | § 7121. Deputization. |
24 | (a) General rule.--The chairperson of the Pennsylvania Board |
25 | of Probation and Parole may deputize any person to act as an |
26 | officer and agent of the Commonwealth in effecting the return of |
27 | any person who has violated the terms and conditions of parole |
28 | or probation as granted by the Commonwealth. In any matter |
29 | relating to the return of such person, an agent so deputized has |
30 | all the powers of a police officer of this Commonwealth. |
|
1 | (b) Evidence of deputization.--A deputization under this |
2 | section must be in writing and a person authorized to act as an |
3 | agent of the Commonwealth under that authority shall carry |
4 | formal evidence of the deputization and shall produce it on |
5 | demand. |
6 | (c) Interstate contracts.--The chairperson of the |
7 | Pennsylvania Board of Probation and Parole may, subject to the |
8 | approval of the Auditor General, enter into contracts with |
9 | similar officials of any other state for the purpose of sharing |
10 | an equitable portion of the cost of effecting the return of any |
11 | person who has violated the terms and conditions of parole or |
12 | probation as granted by the Commonwealth. |
13 | § 7122. Supervision of persons paroled by other states. |
14 | (a) General rule.--In compliance with the Federal interstate |
15 | compact laws and the provisions of this section, the board may |
16 | supervise persons who are paroled by other states and reside in |
17 | this Commonwealth, where such other states agree to perform |
18 | similar services for the board. |
19 | (b) Witness Protection Program.--The board may relinquish |
20 | jurisdiction over a parolee to the proper Federal authorities |
21 | where the parolee is placed into the Witness Protection Program |
22 | of the United States Department of Justice. |
23 | (c) Applicability.--The provisions of this section shall |
24 | apply only to those persons under the supervision of the board. |
25 | (d) Contracting state obligations.--The contracting state |
26 | must adhere to this Commonwealth's laws regarding the interstate |
27 | compact, which are as follows: |
28 | (1) The contracting state solemnly agrees that it is |
29 | competent for the duly constituted judicial and |
30 | administrative authorities of a state party to the compact, |
|
1 | referred to as the "sending state," to permit any person |
2 | convicted of an offense within such state and placed on |
3 | probation or released on parole to reside in any other state, |
4 | referred to as the "receiving state," while on probation or |
5 | parole if: |
6 | (i) A confirmed offer of viable employment or other |
7 | verifiable means of support exists. |
8 | (ii) A residence approved by the sending state shall |
9 | be available. |
10 | (2) The following information must be made available to |
11 | the receiving state from the sending state at the time the |
12 | application for acceptance to the receiving state shall be |
13 | filed: |
14 | (i) Institutional adjustment information on parolees |
15 | or probationers. |
16 | (ii) Current supervision history on parolees or |
17 | probationers. |
18 | (iii) A psychological report or psychological |
19 | update, completed no more than one year prior to the |
20 | receiving state's consideration, for persons convicted of |
21 | a violent offense. |
22 | (iv) The following information must be made |
23 | available to the receiving state for those cases defined |
24 | as a sexual offense: |
25 | (A) A summary of any type of treatment received |
26 | and dates of completion. |
27 | (B) A description of behavioral characteristics |
28 | that may have contributed to the parolee or |
29 | probationer's conduct. |
30 | (3) Any parolee or probationer convicted of a sexual |
|
1 | offense shall be required to: |
2 | (i) Submit to mandatory registration and public |
3 | notification of all current addresses with the |
4 | Pennsylvania State Police. |
5 | (ii) Provide a signed copy of the "Pennsylvania |
6 | State Police Sexual Offender Registration Notification" |
7 | form and the "Pennsylvania State Police Sexual Offender |
8 | Registration" form to the receiving state. |
9 | (iii) Provide a signed copy of "Addendum to |
10 | Application for Compact Services/Agreement to Return" |
11 | form to the receiving state. |
12 | (4) Except as provided in this subsection, the receiving |
13 | state shall not consider the acceptance of supervision if the |
14 | parolee is already physically present in this Commonwealth. |
15 | Investigation and consideration of a case shall occur only |
16 | after the parolee returns to the sending state and proper |
17 | application is filed. The receiving state may consider the |
18 | acceptance of supervision if the probationer is already |
19 | physically present in this Commonwealth, where the |
20 | probationer has established domicile in the receiving state |
21 | before adjudication on the criminal offense. |
22 | (5) Electronic monitoring or other special conditions, |
23 | or both, of supervision shall be imposed as deemed necessary |
24 | by the receiving state. |
25 | (6) At the request of the receiving state, the sending |
26 | state shall agree to retake the parolee or probationer if |
27 | that individual violates any condition of probation or |
28 | parole. |
29 | (e) Definitions.--As used in this section the following |
30 | words and phrases shall have the meaning given to them in this |
|
1 | subsection unless the context clearly indicates otherwise: |
2 | "Board." The Pennsylvania Board of Probation and Parole. |
3 | "Sexual offense." |
4 | (1) Any of the following offenses or an equivalent |
5 | offense that is classified as a felony and involves a victim |
6 | who is a minor: |
7 | 18 Pa.C.S. § 2901 (relating to kidnapping). |
8 | 18 Pa.C.S. § 5902(a) (relating to prostitution and |
9 | related offenses). |
10 | 18 Pa.C.S. § 5903(a)(3), (4), (5) or (6) (relating to |
11 | obscene and other sexual materials and performances). |
12 | (2) Any of the following offenses or an equivalent |
13 | offense that is classified as a felony and involves a victim |
14 | who is younger than 13 years of age: |
15 | 18 Pa.C.S. § 3126 (relating to indecent assault). |
16 | (3) Any of the following offenses or an equivalent |
17 | offense, regardless of the victim's age: |
18 | 18 Pa.C.S. § 3121 (relating to rape). |
19 | 18 Pa.C.S. § 3123 (relating to involuntary deviate |
20 | sexual intercourse). |
21 | 18 Pa.C.S. § 3125 (relating to aggravated indecent |
22 | assault). |
23 | "Violent offense." |
24 | (1) Any of the following offenses or an equivalent |
25 | offense: |
26 | 18 Pa.C.S. § 2502 (relating to murder). |
27 | 18 Pa.C.S. § 2503 (relating to voluntary |
28 | manslaughter). |
29 | 18 Pa.C.S. § 2702 (relating to aggravated assault). |
30 | 18 Pa.C.S. § 2703 (relating to assault by prisoner). |
|
1 | 18 Pa.C.S. § 2704 (relating to assault by life |
2 | prisoner). |
3 | 18 Pa.C.S. § 2901 (relating to kidnapping) where the |
4 | victim is a minor. |
5 | 18 Pa.C.S. § 3121 (relating to rape). |
6 | 18 Pa.C.S. § 3123 (relating to involuntary deviate |
7 | sexual intercourse). |
8 | 18 Pa.C.S. § 3301 (relating to arson and related |
9 | offenses). |
10 | 18 Pa.C.S. § 3502 (relating to burglary). |
11 | 18 Pa.C.S. § 3701 (relating to robbery). |
12 | 18 Pa.C.S. § 3923 (relating to theft by extortion) |
13 | where a threat of violence is made. |
14 | (2) A criminal attempt, criminal solicitation or |
15 | criminal conspiracy to commit any offenses set forth in this |
16 | definition. |
17 | "Other verifiable means of support." The term includes, but |
18 | is not limited to, support by parent, grandparent, sibling, |
19 | spouse or adult child. The term does not include public |
20 | assistance. |
21 | § 7123. Penalty. |
22 | A person who is on parole or probation in another state and |
23 | who resides in this Commonwealth in violation of section 7122 |
24 | (relating to supervision of persons paroled by other states) |
25 | commits a misdemeanor of the first degree and shall be sentenced |
26 | to pay a fine of not more than $10,000 or to imprisonment for |
27 | not more than five years, or both. |
28 | Section 8. Except as set forth in section 9 of this act, the |
29 | addition of 61 Pa.C.S. Pts. I, II, III, IV and V is a |
30 | continuation of the acts and parts of acts listed in section 11 |
|
1 | of this act. |
2 | Section 9. Section 8 of this act does not apply to any of |
3 | the following act and parts of acts: |
4 | Act of March 29, 1819 (P.L.232, No.146), entitled "An act to | <-- |
5 | prevent the coroner of Philadelphia county from holding inquests |
6 | in certain cases, and for other purposes." |
7 | Act of January 17, 1831 (P.L.12, No.12), entitled "A further |
8 | supplement to an act, entitled, An act to reform the penal laws |
9 | of this Commonwealth." |
10 | Act of April 14, 1835 (P.L.232, No.140), entitled "A | <-- |
11 | supplement to the act entitled 'An act to provide for the |
12 | erection of a new prison and a debtors' apartment within the |
13 | city and county of Philadelphia, and for the sale of the county |
14 | prison in Walnut street in said city.'" |
15 | Section 11 of the act of February 8, 1842 (P.L.12, No.10), |
16 | entitled "A supplement to an act entitled 'An act relating to |
17 | the prison of the county of Chester,' approved February first, |
18 | one thousand eight hundred and thirty-nine, and relative to the |
19 | Dauphin county prison." |
20 | The act of January 4, 1856 (P.L.711, No.661), entitled "A |
21 | further supplement to an act, entitled 'An Act to provide for |
22 | the erection of a new prison and debtors' apartment within the |
23 | city and county of Philadelphia, and for the sale of the county |
24 | prison in Walnut street in the said city, approved April |
25 | fourteenth, one thousand eight hundred thirty-five.'" |
26 | Act of April 18, 1857 (P.L.253, No.295), entitled "A further | <-- |
27 | supplement to an act to Reform the Penal Laws of this |
28 | Commonwealth, approved the seventeenth day of January, Anno |
29 | Domini one thousand eight hundred and thirty-one." |
30 | Act of May 1, 1861 (P.L.528, No.491), entitled "An act |
|
1 | granting further Powers to the Inspectors of the Philadelphia |
2 | County Prison." |
3 | Act of April 13, 1868 (P.L.917, No.860), entitled "An act |
4 | relative to the Luzerne county prison, and to discharged |
5 | convicts." |
6 | Sections 8, 12 and 14 of the The act of June 2, 1871 | <-- |
7 | (P.L.1301, No.1209), entitled "An act to establish and maintain |
8 | for the city of Philadelphia, a house of correction, employment |
9 | and reformation for adults and minors." |
10 | Act of June 6, 1871 (P.L.1354, No.1259), entitled "A |
11 | supplement to an act relative to the Luzerne county prison and |
12 | to discharged convicts, approved thirteenth April, Anno Domini |
13 | one thousand eight hundred and sixty-eight." |
14 | Act of June 8, 1874 (P.L.278, No.163), entitled "An act |
15 | relating to prison inspectors and regulating prisons." |
16 | Sections 2 and 4 of the act of June 13, 1883 (P.L.112, No. |
17 | 99), entitled "An act to abolish the contract system in the |
18 | prisons and reformatory institutions of the State of |
19 | Pennsylvania, and to regulate the wages of the inmates." |
20 | Act of June 22, 1897 (P.L.182, No.150), entitled "A |
21 | supplement to an act entitled 'An act for the punishment of |
22 | cruelty to animals in this Commonwealth,' approved the twenty- |
23 | ninth day of March, one thousand eight hundred and sixty-nine, |
24 | requiring the keepers or persons in charge of all jails, lock- |
25 | ups and station-houses within the Commonwealth to receive all |
26 | persons arrested for any violation of the provisions of said |
27 | act." |
28 | Act of May 25, 1907 (P.L.247, No.191), entitled "An act |
29 | authorizing the employment of male prisoners of the jails, and |
30 | workhouses of this Commonwealth upon the public highways of the |
|
1 | several counties, and regulating the same; and providing for the |
2 | establishment of Prison Boards, the purchase of material and |
3 | tools, and employment of deputies, at the expense of the proper |
4 | county, and a penalty for the escape of prisoners while employed |
5 | outside of said jails, workhouses." |
6 | Act of May 28, 1913 (P.L.363, No.247), entitled "An act |
7 | regulating the discharge of prisoners on parole, from the penal |
8 | institutions of the Commonwealth." |
9 | Section 9 of the act of July 25, 1913 (P.L.1311, No.816), |
10 | entitled "An act providing for the establishment of a State |
11 | Industrial Home for Women; authorizing the purchase of a site, |
12 | and the erection thereon and equipment of necessary buildings; |
13 | providing for the commitment to said State Industrial Home for |
14 | Women of females between the ages of sixteen and thirty years, |
15 | convicted of, or pleading guilty to, the commission of any |
16 | criminal offense; and providing for the government and |
17 | management of said institution; and making an appropriation to |
18 | carry out the purposes of this act." |
19 | Act of July 19, 1917 (P.L.1117, No.378), entitled "An act |
20 | providing for the establishment, in cities of the first class, |
21 | of a house or houses of detention for witnesses and untried |
22 | prisoners; for the commitment of such prisoners and witnesses |
23 | thereto; and for the payment of the cost of establishing and |
24 | maintaining the same by the county wherein said cities are |
25 | situated." |
26 | Act of May 1, 1929 (P.L.1184, No.416), entitled "An act |
27 | conferring and imposing certain powers and duties upon the State |
28 | Board of Pardons with respect to inmates of State penal and |
29 | correctional institutions released on parole." |
30 | Act of June 22, 1931 (P.L.864, No.280), entitled "An act |
|
1 | making a convict whose minimum sentence exceeds one-half of the |
2 | maximum sentence eligible to apply for release on parole when |
3 | said convict has served or will have served one-half his maximum |
4 | sentence." |
5 | Sections 25, 31, 32, 33, 33.1 and 34.1 of the act of August |
6 | 6, 1941 (P.L.861, No.323), entitled, as amended, "An act to |
7 | create a uniform and exclusive system for the administration of |
8 | parole in this Commonwealth; providing state probation services; |
9 | establishing the 'Pennsylvania Board of Probation and Parole'; |
10 | conferring and defining its jurisdiction, duties, powers and |
11 | functions; including the supervision of persons placed upon |
12 | probation and parole in certain designated cases; providing for |
13 | the method of appointment of its members; regulating the |
14 | appointment, removal and discharge of its officers, clerks and |
15 | employes; dividing the Commonwealth into administrative |
16 | districts for purposes of probation and parole; fixing the |
17 | salaries of members of the board and of certain other officers |
18 | and employes thereof; making violations of certain provisions of |
19 | this act misdemeanors; providing penalties therefor; and for |
20 | other cognate purposes, and making an appropriation." |
21 | Act of December 27, 1965 (P.L.1237, No.502), entitled "An act |
22 | establishing regional correctional facilities administered by |
23 | the Bureau of Correction as part of the State correctional |
24 | system; establishing standards for county jails, and providing |
25 | for inspection and classification of county jails and for |
26 | commitment to State correctional facilities and county jails." |
27 | Act of March 21, 1986 (P.L.64, No.19), known as the Private |
28 | Prison Moratorium and Study Act. |
29 | Chapters 3, 5, 9 and 11 of the act of July 1, 1990 (P.L.315, |
30 | No.71), known as the Prison Facilities Improvement Act. |
|
1 | Section 10. The following shall apply: |
2 | (1) Except as otherwise provided in 61 Pa.C.S. Pts. I, |
3 | II, III, IV and V, all activities initiated under any of the |
4 | acts identified in section 8 of this act shall continue and |
5 | remain in full force and effect and may be completed under 61 |
6 | Pa.C.S. Pts. I, II, III, IV and V. Resolutions, orders, |
7 | regulations, rules and decisions which were made under any of |
8 | the acts identified in section 8 of this act and which are in |
9 | effect on the effective date of this section shall remain in |
10 | full force and effect until revoked, vacated or modified |
11 | under 61 Pa.C.S. Pts. I, II, III, IV and V. Contracts, |
12 | obligations and agreements entered into under any of the acts |
13 | identified in section 8 of this act are not affected nor |
14 | impaired by the continuation of the acts and parts of acts |
15 | identified in section 8. |
16 | (2) Any difference in language between 61 Pa.C.S. Pts. |
17 | I, II, III, IV and V and the acts identified in section 8 of |
18 | this act is intended only to conform to the style of the |
19 | Pennsylvania Consolidated Statutes and is not intended to |
20 | change or affect the legislative intent, judicial |
21 | construction or administrative interpretation and |
22 | implementation of those acts, except as follows: |
23 | 61 Pa.C.S. Part I. |
24 | 61 Pa.C.S. § 3104(f). |
25 | The definition of "motivational boot camp" in 61 |
26 | Pa.C.S. § 3903, by deleting an obsolete reference to |
27 | ventilation therapy. |
28 | 61 Pa.C.S. § 5903, by adding a reference to civilian |
29 | clothing to conform to Department of Corrections policy. |
30 | 61 Pa.C.S. § 6112(a)(5). |
|
1 | 61 Pa.C.S. § 6138(a)(5)(ii) and (d) to conform to |
2 | Department of Corrections policy. |
3 | Section 11. (a) The repeals in this section are necessary |
4 | to effectuate this act. |
5 | (b) The following acts and parts of acts are repealed: |
6 | Act of March 29, 1819 (P.L.232, No.146), entitled "An act to | <-- |
7 | prevent the coroner of Philadelphia county from holding inquests |
8 | in certain cases, and for other purposes." |
9 | Act of January 17, 1831 (P.L.12, No.12), entitled "A further |
10 | supplement to an act, entitled, An act to reform the penal laws |
11 | of this Commonwealth." |
12 | Act of April 14, 1835 (P.L.232, No.140), entitled "A | <-- |
13 | supplement to the act entitled 'An act to provide for the |
14 | erection of a new prison and a debtors' apartment within the |
15 | city and county of Philadelphia, and for the sale of the county |
16 | prison in Walnut street in said city.'" |
17 | Act of February 8, 1842 (P.L.12, No.10), entitled "A |
18 | supplement to an act entitled 'An act relating to the prison of |
19 | the county of Chester,' approved February first, one thousand |
20 | eight hundred and thirty-nine, and relative to the Dauphin |
21 | county prison." |
22 | Section 5 of the act of April 16, 1845 (P.L.507, No.342), |
23 | entitled "An act to provide for the ordinary expenses of the |
24 | government, repair of the canals and railroads of the state, and |
25 | other claims upon the commonwealth." |
26 | Act of January 4, 1856 (P.L.711, No.661), entitled "A further |
27 | supplement to an act, entitled 'An act to provide for the |
28 | erection of a new prison and debtors' apartment within the city |
29 | and county of Philadelphia, and for the sale of the county |
30 | prison in Walnut street in the said city,' approved April |
|
1 | fourteenth, one thousand eight hundred thirty-five." |
2 | Act of April 18, 1857 (P.L.253, No.295), entitled "A further | <-- |
3 | supplement to an act to Reform the Penal Laws of this |
4 | Commonwealth, approved the seventeenth day of January, Anno |
5 | Domini one thousand eight hundred and thirty-one." |
6 | Act of May 1, 1861 (P.L.528, No.491), entitled "An act |
7 | granting further Powers to the Inspectors of the Philadelphia |
8 | County Prison." |
9 | Act of April 17, 1867 (P.L.87, No.68), entitled "An act to |
10 | authorize the Governor to appoint a person to visit prisons and |
11 | almshouses." |
12 | Act of April 13, 1868 (P.L.917, No.860), entitled "An act |
13 | relative to the Luzerne county prison, and to discharged |
14 | convicts." |
15 | Act of June 2, 1871 (P.L.1301, No.1209), entitled "An act to | <-- |
16 | establish and maintain for the city of Philadelphia, a house of |
17 | correction, employment and reformation for adults and minors." |
18 | Act of June 6, 1871 (P.L.1354, No.1259), entitled "A |
19 | supplement to an act relative to the Luzerne county prison and |
20 | to discharged convicts, approved thirteenth April, Anno Domini |
21 | one thousand eight hundred and sixty-eight." |
22 | Act of June 8, 1874 (P.L.278, No.163), entitled "An act |
23 | relating to prison inspectors and regulating prisons." |
24 | Act of June 13, 1883 (P.L.112, No.99), entitled "An act to |
25 | abolish the contract system in the prisons and reformatory |
26 | institutions of the State of Pennsylvania, and to regulate the |
27 | wages of the inmates." |
28 | Act of June 20, 1883 (P.L.125, No.110), entitled "An act to |
29 | require a brand upon all goods, wares, merchandise or other |
30 | article or thing made for sale by convict labor in any |
|
1 | penitentiary, reformatory prison, school or other establishment |
2 | in which convict labor is employed." |
3 | Act of May 9, 1889 (P.L.154, No.170), entitled "An act |
4 | authorizing and empowering boards of prison inspectors, in |
5 | counties where such boards exist, to fix the salaries of deputy |
6 | wardens, keepers and other persons employed in and about the |
7 | jails of such counties." |
8 | Act of June 26, 1895 (P.L.377, No.269), entitled "An act |
9 | authorizing the erection of work-houses in the several counties |
10 | of this Commonwealth." |
11 | Act of May 11, 1897 (P.L.49, No.41), entitled "An act |
12 | relating to appointment of Prison Commissioners in counties of |
13 | the Commonwealth having over one hundred and fifty thousand |
14 | population." |
15 | Act of June 22, 1897 (P.L.182, No.150), entitled "A |
16 | supplement to an act, entitled 'An act for the punishment of |
17 | cruelty to animals in this Commonwealth,' approved the twenty- |
18 | ninth day of March, one thousand eight hundred and sixty-nine, |
19 | requiring the keepers or persons in charge of all jails, lock- |
20 | ups and station-houses within the Commonwealth to receive all |
21 | persons arrested for any violation of the provisions of said |
22 | act." |
23 | Act of April 28, 1899 (P.L.89, No.75), entitled "An act |
24 | authorizing the employment of male prisoners of the jails and |
25 | workhouses of this Commonwealth, and regulating the same, and |
26 | providing a penalty for an escape of prisoners while employed |
27 | outside of said jails or workhouses." |
28 | Act of March 20, 1903 (P.L.45, No.48), entitled "An act to |
29 | make active or visiting committees, of societies incorporated |
30 | for the purpose of visiting and instructing prisoners, official |
|
1 | visitors of penal and reformatory institutions." |
2 | Act of May 25, 1907 (P.L.247, No.191), entitled "An act |
3 | authorizing the employment of male prisoners of the jails, and |
4 | workhouses of this Commonwealth upon the public highways of the |
5 | several counties, and regulating the same; and providing for the |
6 | establishment of Prison Boards, the purchase of material and |
7 | tools, and employment of deputies, at the expense of the proper |
8 | county, and a penalty for the escape of prisoners while employed |
9 | outside of said jails, workhouses." |
10 | Act of April 23, 1909 (P.L.141, No.92), entitled "An act |
11 | providing for the use of borough and township lockups and city |
12 | or county prisons, for the detention of prisoners arrested by |
13 | sheriffs, constables, members of the State constabulary, or |
14 | other persons authorized by the laws of the Commonwealth to make |
15 | arrests, and entitling boroughs, townships, and cities to |
16 | receive remuneration for the same." |
17 | Act of May 14, 1909 (P.L.838, No.656), entitled "An act to |
18 | define the rights and functions of official visitors of jails, |
19 | penitentiaries, and other penal or reformatory institutions, and |
20 | providing for their removal." |
21 | Act of May 11, 1911 (P.L.274, No.176), entitled "An act to |
22 | prohibit the bringing into prisons of all weapons or other |
23 | implements which may be used to injure any convict or person, or |
24 | in assisting any convict to escape punishment, or the selling or |
25 | furnishing of same to convicts; to prohibit the bringing into |
26 | prisons of all spirituous or fermented liquors, drugs, |
27 | medicines, poisons, opium, morphine, or any other kind or |
28 | character of narcotics; or the giving, selling or furnishing of |
29 | spirituous or fermented liquor, drugs, medicine, poison, opium, |
30 | morphine, or any other kind or character of narcotics; or |
|
1 | bringing into or taking out letters, notes, money, or contraband |
2 | goods of any kind, whatsoever; and providing a penalty for the |
3 | violation thereof." |
4 | Act of June 7, 1911 (P.L.677, No.268), entitled "An act |
5 | providing for the payment of the costs of proceedings and the |
6 | expenses of maintaining prisoners committed to county prisons, |
7 | either for non-payment of fines or penalties imposed for, or |
8 | while awaiting a hearing upon, any charge for the violation of |
9 | any city or borough ordinance, or any ordinance of townships of |
10 | the first class, by the city, borough, or township of the first |
11 | class whose ordinances are alleged to have been violated, or to |
12 | which any such fines or penalties are payable." |
13 | Act of June 19, 1911 (P.L.1059, No.813), referred to as the |
14 | County Jail and Workhouse Parole Law. |
15 | Act of May 28, 1913 (P.L.363, No.247), entitled "An act |
16 | regulating the discharge of prisoners on parole, from the penal |
17 | institutions of the Commonwealth." |
18 | Act of June 19, 1913 (P.L.532, No.340), entitled "A |
19 | supplement to an act approved the nineteenth day of June, one |
20 | thousand nine hundred eleven, entitled 'An act authorizing the |
21 | release on probation of certain convicts, instead of imposing |
22 | sentences; the appointment of probation and parole officers, and |
23 | the payment of their salaries and expenses; regulating the |
24 | manner of sentencing convicts in certain cases, and providing |
25 | for their release on parole; their conviction of crime during |
26 | parole, and their re-arrest and reconviction for breach of |
27 | parole; and extending the powers and duties of boards of prison |
28 | inspectors of penitentiaries.'" |
29 | Act of July 22, 1913 (P.L.912, No.437), entitled "An act |
30 | providing for the payment of the costs incurred in the trial of |
|
1 | convicts and prisoners escaping, or attempting to escape, from |
2 | the several penitentiaries and reformatories of the Commonwealth |
3 | of Pennsylvania, by the respective counties from whose courts |
4 | the said escaping convicts or prisoners have been committed; and |
5 | providing for the maintenance of such convicts under sentence |
6 | for escape, et cetera." |
7 | Section 9 of the act of July 25, 1913 (P.L.1311, No.816), |
8 | entitled "An act providing for the establishment of a State |
9 | Industrial Home for Women; authorizing the purchase of a site, |
10 | and the erection thereon and equipment of necessary buildings; |
11 | providing for the commitment to said State Industrial Home for |
12 | Women of females between the ages of sixteen and thirty years, |
13 | convicted of, or pleading guilty to, the commission of any |
14 | criminal offense; and providing for the government and |
15 | management of said institution; and making an appropriation to |
16 | carry out the purposes of this act." |
17 | Act of May 24, 1917 (P.L.283, No.150), entitled "An act |
18 | fixing the residence of the warden of the county jail or prison, |
19 | in counties of this Commonwealth where the government of such |
20 | jail or prison is or may hereafter be vested in a prison board." |
21 | Act of July 17, 1917 (P.L.1036, No.337), entitled "A Joint |
22 | Resolution authorizing the authorities having control and |
23 | supervision of county jails and prisons to permit the employment |
24 | of inmates thereof on county or almshouse farms; exempting |
25 | wardens and keepers from liability in certain cases for |
26 | escapes." |
27 | Act of July 19, 1917 (P.L.1117, No.378), entitled "An act |
28 | providing for the establishment, in cities of the first class, |
29 | of a house or houses of detention for witnesses and untried |
30 | prisoners; for the commitment of such prisoners and witnesses |
|
1 | thereto; and for the payment of the cost of establishing and |
2 | maintaining the same by the county wherein said cities are |
3 | situated." |
4 | Act of May 31, 1919 (P.L.356, No.170), entitled, as amended, |
5 | "An act authorizing courts of record to remove convicts and |
6 | persons confined in jails, workhouses, reformatories, reform or |
7 | industrial schools, penitentiaries, prisons, houses of |
8 | correction or any other penal institutions, who are seriously |
9 | ill, to other institutions; and providing penalties for breach |
10 | of prison." |
11 | Act of May 10, 1921 (P.L.433, No.209), entitled "An act |
12 | providing for the sentencing of certain criminals to |
13 | reformatories or houses of correction in counties of the first |
14 | class." |
15 | Act of May 16, 1921 (P.L.579, No.262), referred to as the |
16 | County Prison Board Law. |
17 | Act of May 19, 1923 (P.L.271, No.172), entitled "An act |
18 | providing a system of employment and compensation for the |
19 | inmates of county jails and prisons." |
20 | Act of June 14, 1923 (P.L.775, No.306), entitled "An act to |
21 | provide for the physical welfare of all persons confined |
22 | (whether such persons be tried or untried prisoners) in any |
23 | penitentiary or county prison in this Commonwealth." |
24 | Act of July 11, 1923 (P.L.1044, No.425), referred to as the |
25 | Prisoner Transfer Law. |
26 | Act of April 27, 1927 (P.L.414, No.270), entitled, as |
27 | amended, "An act providing for a system of recording the |
28 | identification of persons convicted of crime, and of fugitives |
29 | from justice, and habitual criminals; conferring powers and |
30 | imposing duties upon the Pennsylvania State Police, district |
|
1 | attorneys, police officers, wardens or keepers of jails, |
2 | prisons, workhouses, or other penal institutions, and sheriffs; |
3 | providing for the payment of certain expenses by the counties; |
4 | and imposing penalties." |
5 | Sections 903-B and 904-B of the act of April 9, 1929 (P.L. |
6 | 177, No.175), known as The Administrative Code of 1929. |
7 | Act of May 1, 1929 (P.L.1182, No.414), entitled "An act |
8 | providing the procedure and the powers of the State Board of |
9 | Pardons and boards of trustees of penitentiaries where prisoners |
10 | released on parole violate the terms of such parole; and fixing |
11 | the penalty for such violation." |
12 | Act of May 1, 1929 (P.L.1184, No.416), entitled "An act |
13 | conferring and imposing certain powers and duties upon the State |
14 | Board of Pardons with respect to inmates of State penal and |
15 | correctional institutions released on parole." |
16 | Act of May 20, 1931 (P.L.138, No.99), entitled "An act |
17 | permitting the sale of prison made goods, in counties of the |
18 | first class, to such counties and to cities and school districts |
19 | and to political subdivisions of such counties and to certain |
20 | institutions therein; permitting contracts for such sales and |
21 | purchases, without advertising or competitive bidding; |
22 | permitting payment of compensation to inmates; and repealing |
23 | inconsistent laws." |
24 | Act of June 12, 1931 (P.L.512, No.166), referred to as the |
25 | Industrial Farms and Workhouses Law. |
26 | Act of June 22, 1931 (P.L.864, No.280), entitled "An act |
27 | making a convict whose minimum sentence exceeds one-half of the |
28 | maximum sentence eligible to apply for release on parole when |
29 | said convict has served or will have served one-half his maximum |
30 | sentence." |
|
1 | Act of June 21, 1939 (P.L.660, No.307), entitled, as amended, |
2 | "An act providing for the return of escaped prisoners and |
3 | convicts after apprehension, to the penitentiary or state |
4 | institution from which they escape, by the agents of the |
5 | Department of Justice or the Pennsylvania State Police, and |
6 | requiring the penitentiary or state institution to defray the |
7 | expenses thereof." |
8 | Act of August 6, 1941 (P.L.861, No.323), referred to as the |
9 | Pennsylvania Board of Probation and Parole Law. |
10 | Act of May 17, 1945 (P.L.628, No.268), entitled "An act |
11 | requiring boards of prison inspectors in counties of the fourth |
12 | class to pay the premiums on all bonds required of employes |
13 | appointed by the board." |
14 | Act of May 11, 1949 (P.L.1191, No.359), entitled "An act for |
15 | the government, management and control of county jails and |
16 | prisons in counties of sixth, seventh and eighth classes." |
17 | Article XXX-A of the act of July 28, 1953 (P.L.723, No.230), |
18 | known as the Second Class County Code. |
19 | Act of December 13, 1955 (P.L.829, No.240), entitled "An act |
20 | authorizing the commitment to the Department of Public Welfare |
21 | in any city of the first class persons convicted of crimes and |
22 | sentences by courts situate within such city to a city or county |
23 | penal institution, where such Department has established a |
24 | correctional, diagnostic and classification service, and |
25 | authorizing the transfer of prisoners between such institutions |
26 | by the Department." |
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." |
|
1 | Act of August 6, 1963 (P.L.521, No.277), entitled "An act |
2 | providing that probation officers shall have the power of peace |
3 | officers in the performance of their duties." |
4 | Act of August 13, 1963 (P.L.774, No.390), entitled "An act |
5 | authorizing courts to permit certain prisoners to leave jail |
6 | during reasonable and necessary hours for occupational, |
7 | scholastic or medical purposes; conferring powers and imposing |
8 | duties upon courts, county commissioners and sheriffs and other |
9 | persons in charge of a jail or workhouse." |
10 | Act of December 22, 1965 (P.L.1189, No.472), entitled "An act |
11 | establishing a correctional facility for criminological |
12 | diagnosis, classification, social and psychological treatment |
13 | and research, medical treatment and staff training." |
14 | Act of December 27, 1965 (P.L.1237, No.502), entitled "An act |
15 | establishing regional correctional facilities administered by |
16 | the Bureau of Correction as part of the State correctional |
17 | system; establishing standards for county jails, and providing |
18 | for inspection and classification of county jails and for |
19 | commitment to State correctional facilities and county jails." |
20 | Act of July 16, 1968 (P.L.351, No.173), referred to as the |
21 | Prisoner Pre-release Plan Law. |
22 | Act of December 22, 1969 (P.L.394, No.175), entitled "An act |
23 | providing for the establishment, operation and maintenance of |
24 | detention facilities for certain persons by adjoining counties |
25 | on approval by the Bureau of Correction." |
26 | Act of October 16, 1972 (P.L.913, No.218), entitled "An act |
27 | establishing regional community treatment centers for women |
28 | administered by the Bureau of Correction of the Department of |
29 | Justice as part of the State Correctional System, providing for |
30 | the commitment of females to such centers and their temporary |
|
1 | release therefrom for certain purposes, restricting confinement |
2 | of females in county jails and conferring powers and duties upon |
3 | the Department of Justice and the Bureau of Correction." |
4 | Act of December 30, 1974 (P.L.1075, No.348), known as the |
5 | Interstate Corrections Compact. |
6 | Act of March 21, 1986 (P.L.64, No.19), known as the Private |
7 | Prison Moratorium and Study Act. |
8 | Chapters 3, 5, 9 and 11 of the act of July 1, 1990 (P.L.315, |
9 | No.71), known as the Prison Facilities Improvement Act. |
10 | Act of December 7, 1990 (P.L.615, No.156), known as the |
11 | Official Visitation of Prisons Act. |
12 | Act of December 19, 1990 (P.L.1391, No.215), known as the |
13 | Motivational Boot Camp Act. |
14 | Act of December 27, 1994 (P.L.1354, No.158), known as the |
15 | County Probation and Parole Officers' Firearm Education and |
16 | Training Law. |
17 | Act of May 16, 1996 (P.L.220, No.40), known as the Prison |
18 | Medical Services Act. |
19 | Act of June 18, 1998 (P.L.622, No.80), entitled "An act |
20 | providing for a procedure and method of execution; and making |
21 | repeals." |
22 | Act of December 3, 1998 (P.L.932, No.120), entitled "An act |
23 | requiring all prison inmates to wear identifiable prison |
24 | uniforms while incarcerated." |
25 | Act of June 19, 2002 (P.L.377, No.56), known as the |
26 | Interstate Compact for the Supervision of Adult Offenders Act. |
27 | (c) The following acts are also repealed: |
28 | Act of June 25, 1937 (P.L.2086, No.415), entitled "An act |
29 | providing for the making of compacts by the Commonwealth with |
30 | other states for mutual helpfulness in relation to persons on |
|
1 | probation or parole; and imposing certain powers and duties on |
2 | the Governor and the Board of Pardons." |
3 | Act of July 20, 1968 (P.L.441, No.207), entitled "An act |
4 | providing for the incarceration of probationers or parolees in |
5 | certain other states under certain circumstances." |
6 | (d) The act of December 8, 1959 (P.L.1718, No.632), |
7 | entitled, as amended, "An act providing for the payment of the |
8 | salary, medical and hospital expenses of employes of State penal |
9 | and correctional institutions, State mental hospitals, Youth |
10 | Development Centers, County Boards of Assistance, and under |
11 | certain conditions other employes of the Department of Public |
12 | Welfare, who are injured in the performance of their duties; and |
13 | providing benefit to their widows and dependents in certain |
14 | cases," is repealed insofar as it relates to employees of State |
15 | correctional institutions as that term is defined in 61 Pa.C.S. |
16 | § 102 (relating to definitions). |
17 | Section 12. A reference in any act or part of an act to: |
18 | (1) A parole agent of a county shall be deemed a |
19 | reference to a probation officer. |
20 | (2) A parole officer of the State shall be deemed a |
21 | reference to a parole agent. |
22 | (3) The County Probation and Parole Officers' Firearm |
23 | Education and Training Program shall be deemed a reference to |
24 | the County Probation Officers' Firearm Education and Training |
25 | Program. |
26 | (4) The County Probation and Parole Officers' Firearm |
27 | Education and Training Fund shall be deemed a reference to |
28 | the County Probation Officers' Firearm Education and Training |
29 | Fund. |
30 | Section 13. The County Probation Officers' Firearm Education |
|
1 | and Training Commission is a continuation of the County |
2 | Probation and Parole Officers' Firearm Education and Training |
3 | Commission. |
4 | Section 14. The County Probation Officers' Firearm Education |
5 | and Training Fund is a continuation of the County Probation and |
6 | Parole Officers' Firearm Education and Training Fund. |
7 | Section 15. This act shall take effect as follows: |
8 | (1) Section 11(c) of this act shall take effect on the |
9 | date that the Interstate Compact for the Supervision of Adult |
10 | Offenders becomes effective and operative between this State |
11 | and any other state or states in accordance with 61 Pa.C.S. § |
12 | 7113. |
13 | (2) The remainder of this act shall take effect in 60 |
14 | days. |
|