THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY PAYNE, BARRAR, BOYD, GEIST, BROOKS, CUTLER, FLECK, GABLER, GROVE, HICKERNELL, KNOWLES, MOUL, O'NEILL, PYLE, SCAVELLO, SWANGER, TALLMAN AND VULAKOVICH, JANUARY 21, 2011

REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 21, 2011  

AN ACT

Amending Title 61 (Prisons and Parole) of the Pennsylvania

Consolidated Statutes, providing for nonpayment of prisoners

during a budget impasse.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 3104(d) of Title 61 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 3104.  Inmate labor in county correctional institutions.

(d)  Inmate accounts.--

(1)  The authorities in charge of a county correctional

institution shall fix the wages of each inmate to be employed

and shall keep an account of all such wages and the amount

due each inmate.

(2)  Three-fourths of the amount credited to each inmate,

or the entire amount if the inmate so elects, shall

constitute a fund for the relief of any person or persons

dependent upon the inmate and shall be paid to such persons,

establishing dependency to the satisfaction of the

authorities, at such times as they may prescribe.

(3)  In case an inmate has no person dependent upon him,

the inmate's wages shall be deposited for his benefit and

shall be paid to him as follows:

(i)  one-third at the time of his discharge;

(ii)  one-third, three months thereafter; and

(iii)  one-third, six months thereafter.

(4)  Notwithstanding the provisions of this chapter, no

prisoner shall be paid for labor in the event of a budget

impasse resulting in the nonpayment of some or all State

employees. During such an impasse, prisoners shall receive

credit for work performed. Payment based upon credit earned

shall be made at the time when payment to all State employees

affected by the budget impasse has resumed.

Section 2.  This act shall take effect immediately.