PRINTER'S NO. 1828
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 -