PRINTER'S NO. 1828

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1494 Session of 1983


        INTRODUCED BY CIMINI, LETTERMAN AND SALOOM, OCTOBER 3, 1983

        REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 3, 1983

                                     AN ACT

     1  Relating to the State correctional institutions and the care and
     2     maintenance of prisoners therein; and providing for the
     3     reimbursement of the Commonwealth on account thereof in
     4     certain cases.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7  Section 1.  Short title.
     8     This act shall be known and may be cited as the Prison
     9  Reimbursement Act.
    10  Section 2.  Reports of prisoner's financial responsibility to
    11                 Auditor General.
    12     The superintendents of the various State correctional
    13  institutions shall forward to the Auditor General a list
    14  containing the name of each prisoner, the county from which the
    15  prisoner was sentenced, the term of sentence, the date of
    16  admission and information available on the financial
    17  responsibility of the prisoner. The report shall be made on
    18  blanks to be furnished by the Auditor General and shall be made


     1  on or before the tenth day of each month.
     2  Section 3.  Investigation.
     3     The Auditor General shall investigate or cause to be
     4  investigated reports furnished by superintendents for the
     5  purpose of securing reimbursement for the expense of the
     6  Commonwealth for the care, custody and control of prisoners.
     7  Section 4.  Appointment of guardian; procedure; additional
     8                 remedy.
     9     (a)  General rule.--Whenever it shall be found that a person
    10  has been admitted to State correctional institutions as a
    11  prisoner, the Auditor General or the district attorney of the
    12  county from which the person was so sentenced shall, if the
    13  prisoner be possessed of an estate or shall thereafter while
    14  remaining in an institution become possessed thereof, petition
    15  the court of common pleas of the county from which the person
    16  was sentenced stating that the person is a prisoner in a State
    17  correctional institution; stating that the petitioner has good
    18  reason to believe and does believe that the prisoner has an
    19  estate; praying for the appointment of a guardian of the
    20  prisoner if a guardian has not already been so appointed; and
    21  seeking that the estate may be subjected to payment to the State
    22  of the expenses paid and to be paid by it on behalf of the
    23  person as a prisoner. The court shall thereupon issue a citation
    24  to show cause why the prayer of the petitioner should not be
    25  granted. If the prisoner has a guardian, it shall be served upon
    26  the guardian. If the prisoner has no guardian, it shall be
    27  served upon the prisoner by delivering a copy thereof personally
    28  or by certified mail to the superintendent of the correctional
    29  institution where the prisoner is being detained at least 14
    30  days before the date of hearing. The court may appoint a
    19830H1494B1828                  - 2 -

     1  guardian of the prisoner. At the time of the hearing, if it
     2  appears that the prisoner has an estate which ought to be
     3  subjected to the claim of the Commonwealth, the court shall
     4  without further notice appoint a guardian of the person and
     5  estate of the prisoner if the court deems one necessary for the
     6  protection of the rights of all parties so concerned. The court
     7  shall make an order requiring the guardian or person or
     8  corporation possessed of the estate belonging to the prisoner to
     9  appropriate and apply as much of the estate as the court deems
    10  proper to the reimbursement of the Commonwealth for expenses
    11  incurred by it on behalf of the prisoner prior to the hearing
    12  and to appropriate and apply as much of the estate as the court
    13  deems proper to the reimbursement of the Commonwealth for future
    14  expenses which it must pay on behalf of the prisoner, which
    15  later reimbursement shall not be in excess of the per capita
    16  cost of maintaining prisoners in the institution in which the
    17  prisoner is an inmate, regard being had to claims of persons
    18  having a moral or legal right to maintenance out of the estate
    19  of the prisoner. If a guardian, person or corporation shall
    20  neglect or refuse to comply with the order, the court shall cite
    21  the guardian, person or corporation to appear before the court
    22  at a time it may direct and to show cause why the guardian,
    23  person or corporation should not be sentenced for contempt of
    24  court. As an additional remedy, the Auditor General or district
    25  attorney may enforce payment of the sums provided in the
    26  original order by a proper action in the name of the
    27  Commonwealth. If, in the opinion of the court, the estate of the
    28  prisoner is sufficient to pay the cost of the proceeds, the
    29  estate shall be made liable therefor by order of the court.
    30     (b)  Time period.--The proceedings provided for by this
    19830H1494B1828                  - 3 -

     1  section may be begun at any time after admittance to a State
     2  correctional institution, and recovery may be had for the
     3  expense incurred on behalf of the prisoner during the entire
     4  period the person has been confined as a prisoner in the State
     5  correctional institution.
     6  Section 5.  Future maintenance of prisoner.
     7     (a)  Claim.--Upon admission to a State correctional
     8  institution, the Attorney General may file a claim for future
     9  maintenance and support of the prisoner with the court from
    10  which the prisoner was sentenced. Thereupon, the court may make
    11  an order making the prisoner's estate or property liable for the
    12  future care and support and providing that the claim shall
    13  constitute a lien upon all property, real and personal, of the
    14  prisoner.
    15     (b)  Procedure.--All proceedings to enforce liens under this
    16  act against property shall be instituted by complaint in the
    17  name of the people of the Commonwealth addressed to the court of
    18  common pleas of the county in which the property is situated.
    19  The complaint shall be signed by the Attorney General and need
    20  not be otherwise verified. The complaint shall show the name of
    21  the prisoner, date and place of sentence, length of time set
    22  forth in the sentence, description of the property against which
    23  the lien exists, and the amount due the Commonwealth for the
    24  care, support and maintenance of the prisoner. In no case shall
    25  the property be sold to satisfy the claim of the Commonwealth
    26  within 60 days after the entry of the decree. The lien may be
    27  removed by filing a bond approved by the court for payment of
    28  the claim or by payment of the claim itself. Otherwise the sale
    29  of the property shall be conducted the same as in cases of
    30  enforcement of liens.
    19830H1494B1828                  - 4 -

     1  Section 6.  Certified copy of order filed with recorder of
     2                 deeds; lien on property; fee.
     3     Upon the issuance of a decree or order, it shall be the duty
     4  of the Auditor General or the district attorney of the county in
     5  which the decree or order was issued to record a certified copy
     6  of the decree or order in the office of the recorder of deeds in
     7  the county where property of the prisoner is located. When the
     8  decree or order is so recorded, it shall operate as a lien
     9  against the property until removed under section 5(b). The
    10  decree or order shall be recorded without payment of any
    11  recording fee by the Auditor General or district attorney.
    12  Section 7.  Assistance in securing reimbursement of State.
    13     It shall be the duty of the sentencing judge, the sheriff of
    14  the county and the superintendent of the correctional
    15  institution to furnish, on inquiry, to the Auditor General or
    16  district attorney all information and assistance possible to
    17  enable the Auditor General or district attorney to secure
    18  reimbursement for the Commonwealth.
    19  Section 8.  Investigation costs; reimbursements credited to
    20                 General Fund.
    21     The costs of investigations shall be paid from the
    22  reimbursements secured under this act, and the balance of the
    23  reimbursements shall be credited to the General Fund to be
    24  available for General Fund purposes. The Auditor General is
    25  hereby authorized to determine the amount due the Commonwealth
    26  in the cases and render statements thereof, and the sworn
    27  statements shall be considered prima facie evidence of the
    28  account. The Auditor General is further authorized to carry out
    29  this act and employ assistance as may be necessary to do so.
    30  Section 9.  Construction of act relative to moneys saved from
    19830H1494B1828                  - 5 -

     1                 earnings.
     2     This act shall not apply to any moneys saved from earnings by
     3  the prisoner during the period of incarceration.
     4  Section 10.  Effective date.
     5     This act shall take effect in 90 days.

















    E25L61VDL/19830H1494B1828        - 6 -