PRINTER'S NO. 1357
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1277
Session of
2021
INTRODUCED BY KRAJEWSKI, GAINEY, LEE, SANCHEZ, FIEDLER,
KENYATTA, HOHENSTEIN, ISAACSON, GUZMAN, SCHLOSSBERG, HOWARD,
BULLOCK, SIMS, KIM, HILL-EVANS, McNEILL, ROZZI AND KINSEY,
APRIL 23, 2021
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 23, 2021
AN ACT
Amending Title 61 (Prisons and Parole) of the Pennsylvania
Consolidated Statutes, establishing the Temporary Disaster
Emergency Inmate Transfer Program.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 61 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 37A
TEMPORARY DISASTER EMERGENCY INMATE
TRANSFER PROGRAM
Sec.
37A01. Definitions.
37A02. Temporary Disaster Emergency Inmate Transfer Program.
37A03. Notice.
37A04. Procedure.
37A05. Status.
37A06. Expiration.
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§ 37A01. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Community corrections center." As defined in section 5001
(relating to definitions).
"Community corrections facility." As defined in section
5001.
"COVID-19." The novel coronavirus as identified in the
proclamation of disaster emergency issued by the Governor on
March 6, 2020, published at 50 Pa.B. 1644 (March 21, 2020).
"Home confinement." The restriction to one's residence, with
restrictions on travel and the imposition of other terms and
conditions determined by the department.
"Vulnerable inmate." An inmate who meets all of the
following:
(1) Is in the custody of the department.
(2) Has an autoimmune disorder or serious chronic
medical condition that, according to guidance published by
the Centers for Disease Control and Prevention, places the
individual at a higher risk for complications from COVID-19,
such as heart disease, diabetes, chronic respiratory disease
or cancer.
§ 37A02. Temporary Disaster Emergency Inmate Transfer Program.
The department shall establish a Temporary Disaster Emergency
Inmate Transfer Program to reduce exposure to COVID-19 and
permit the transfer of a vulnerable inmate to a community
corrections center, community corrections facility or home
confinement.
§ 37A03. Notice.
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(a) Requirement.--The department shall notify the applicable
county sentencing court and prosecuting attorney of the
department's intent to transfer a vulnerable inmate to a
community corrections center, community corrections facility or
home confinement no less than five days before the transfer.
(b) Method.--Notifications and other communications under
this section may be electronic.
§ 37A04. Procedure.
(a) Reentry plan.--Prior to an inmate being transferred
under this chapter, a reentry plan, including access to
rehabilitative programming that addresses reentry needs, must be
approved by the department. The department shall determine
reentry needs based on information contained in a risk and needs
assessment and t he vulnerable inmate's co rrectional plan.
(b) Assigned designation.--A vulnerable inmate may be
transferred to a community corrections center or community
corrections facility or to home confinement. A vulnerable inmate
transferred under this chapter may not be permitted to leave the
community corrections center, community corrections facility or
home confinement without the prior consent of the department.
(c) Notification.--Upon completion of the requirements under
subsection (a), the department may transfer a vulnerable inmate.
A vulnerable inmate shall be notified and transferred
immediately.
(d) Medical screening.--A vulnerable inmate may not be
transferred under this chapter until the inmate passes a medical
screening for COVID-19, as recommended by the Centers for
Disease Control and Prevention.
(e) Information.--The department shall provide the board all
information related to the conduct of a vulnerable inmate
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transferred under this chapter. The department and board may
consider the information for purposes of complying with their
responsibilities under law.
§ 37A05. Status.
After the temporary authority to transfer a vulnerable inmate
under this chapter has expired, the following shall apply:
(1) A vulnerable inmate transferred under this chapter
shall remain under the supervision of the department with
credit for time served while subject to this chapter. Failure
of an inmate to report or return from the assigned
destination shall be deemed an offense under 18 Pa.C.S. §
5121 (relating to escape). A police officer commissioned
under section 1 of the act of May 21, 1943 (P.L.469, No.210),
entitled "An act providing for commissioning as police
officers certain employes of institutions maintained in whole
or in part by the Commonwealth; conferring upon them the
powers of constables in certain cases; and imposing duties on
wardens and keepers of jails, police stations and lock-ups,"
may issue a warrant for the return of the inmate released
under this chapter to the custody of the department.
(2) A vulnerable inmate transferred under this chapter
who is denied parole under section 6137 (relating to parole
power) or 6137.1 (relating to short sentence parole) shall be
immediately returned to a State correctional institution.
(3) A vulnerable inmate who has served the inmate's
aggregate minimum sentence or aggregate minimum recidivism
risk reduction incentive minimum sentence may be paroled from
a community corrections center or home confinement, subject
to section 6137.
§ 37A06. Expiration.
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The authority for the department to transfer inmates under
this chapter shall expire in 90 days.
Section 2. This act shall take effect immediately.
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