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PRIOR PRINTER'S NO. 2495
PRINTER'S NO. 2536
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2143
Session of
2021
INTRODUCED BY B. MILLER, FEE, HENNESSEY, GREINER, MENTZER,
JOZWIAK, MILLARD, HICKERNELL AND ROWE, DECEMBER 8, 2021
AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, DECEMBER 15, 2021
AN ACT
Amending Title 61 (Prisons and Parole) of the Pennsylvania
Consolidated Statutes, in county correctional institutions,
further providing for establishment.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1731 of Title 61 of the Pennsylvania
Consolidated Statutes is amended to read:
SECTION 1. SECTION 1731 OF TITLE 61 OF THE PENNSYLVANIA
CONSOLIDATED STATUTES IS AMENDED BY ADDING A SUBSECTION TO READ:
ยง 1731. Establishment.
(a) General rule.--
(1) In counties of the third, fourth and fifth class,
the persons now holding the following offices and their
successors in each county of the third, fourth or fifth class
shall compose a board to be known as the board of inspectors
of the jail or county prison.
(2) The following persons shall be members of the board:
(i) The president judge of the court of common pleas
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or a judge designated by him.
(ii) The district attorney.
(iii) The sheriff.
(iv) The controller.
(v) The county commissioners.
(3) The board and the officers appointed by it shall
provide for the safekeeping, discipline and employment of
inmates and the government and management of the correctional
institution.
(4) The duty of the sheriff relating to the safekeeping
of inmates shall cease and determine on their committal to
the correctional institution, and the sheriff may not be
furnished a residence in the correctional institution.
(5) Notwithstanding the provisions of paragraph (2), the
president judge may choose at any time to delete the judge
position from the board by so notifying the chairperson and
secretary of the board in writing. The decision to delete
this position shall remain in effect for as long as the
president judge making the decision shall remain as president
judge and thereafter until rescinded in like fashion by a
successor.
(b) Counties that may elect to be subject to subchapter.--
Any county of the second class A, sixth, seventh or eighth class
may elect by resolution of the county commissioners to be
governed by the provisions of this subchapter.
* * *
(C) COUNTIES OF THE SECOND CLASS A SUBJECT TO SUBCHAPTER.--A
COUNTY THAT ADVANCES IN CLASS TO BECOME A COUNTY OF THE SECOND
CLASS A ON OR AFTER OCTOBER 1, 2021, SHALL BE GOVERNED BY THE
PROVISIONS OF THIS SUBCHAPTER.
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Section 2. A county subject to the provisions of 61 Pa.C.S.
Ch. 17 Subch. C shall continue to be governed by Subchapter C
notwithstanding any change in classification after the effective
date of this section.
Section 3. Section 2 of this act shall apply retroactively
to October 1, 2021.
Section 4. This act shall take effect December 31, 2021, or
immediately, whichever is later.
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