PRINTER'S NO. 3357
No. 2558 Session of 1980
INTRODUCED BY PITTS, W. W. FOSTER, THOMAS, WENGER, KLINGAMAN,
LEVI, PETERSON, YAHNER, LIVENGOOD AND D. R. WRIGHT,
MAY 13, 1980
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
MAY 13, 1980
AN ACT
1 Providing for the establishment of a program of voluntary farm
2 labor by certain patient-residents of State institutions.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the "Patient-
7 resident Voluntary Farm Labor Act."
8 Section 2. Definitions.
9 The following words and phrases as used in this act shall
10 have the meanings given them in this section unless the context
11 clearly indicates otherwise:
12 "Department." The Department of Public Welfare.
13 "Institution." Any facility operated by the Department of
14 Public Welfare for the care, treatment, confinement or
15 rehabilitation of persons who are patient-residents of the
16 facility.
17 "Institutional farm." Any land owned by the Department of
1 Public Welfare which:
2 (1) is presently operated as a farm;
3 (2) was formerly operated as a farm and remains capable
4 of producing institutional land products; or
5 (3) lies adjacent to any such presently or formerly
6 operated farms.
7 "Institutional land products." Livestock and livestock
8 products and poultry products, fruits and fruit products,
9 vegetables and vegetable products, grains and hays, timber and
10 timber products and the products derived therefrom and other
11 products derived from the business of farming, including such
12 other products as may be manufactured, derived, or prepared from
13 the heretofore mentioned products, raw or processed, which are
14 used as food for man or animals.
15 Section 3. Voluntary farm labor program established.
16 The department, in conjunction with the superintendent or
17 administrative head of any institution operated by the
18 department, shall establish a program which will enable patient-
19 residents to engage in voluntary farm labor for compensation
20 upon any institutional farm within the jurisdiction of the
21 department. The department shall not initiate or continue a
22 program of farm labor by patient-residents unless it determines
23 that such a program is in the financial interests of the
24 Commonwealth.
25 Section 4. Departmental safeguards.
26 The department shall adopt regulations and guidelines and
27 provide appropriate supervision which will assure that no farm
28 labor shall be performed by any patient-resident unless said
29 work is:
30 (1) Voluntary on the part of the patient-resident as
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1 evidenced by his or her written consent.
2 (2) Justified on the basis of individual
3 habilitation/rehabilitation needs and documented in his or
4 her medical records.
5 (3) Remunerated according to the Fair Labor Standards
6 Act governing employment of patient workers in hospitals and
7 institutions. Patient-resident workers shall be paid
8 according to their productive capacities in relation to
9 nonhandicapped workers at the institutional farm doing
10 similar work.
11 (4) Recommended as therapeutic by a psychiatrist or
12 psychologist or qualified professional in the field of social
13 work who is familiar with the record of the patient-resident.
14 Section 5. Limitation on weekly labor.
15 Patient-resident workers shall not be permitted to work more
16 than 30 hours per week.
17 Section 6. Prohibited acts.
18 It shall be unlawful for the department, any institution or
19 any officer, employee or agent thereof to:
20 (1) Force or coerce, directly or indirectly, any
21 patient-resident to perform any farm labor or work.
22 (2) Punish any patient-resident directly or indirectly
23 for refusing to labor or work upon any institutional farm.
24 (3) Condition privileges or release from the institution
25 upon the performance of farm labor or work.
26 Section 7. Patient-resident access to records and record-
27 keeping.
28 Patient-resident workers shall have access to the
29 documentation that their work is justified on the basis of
30 individual habilitation/treatment needs and also of all time and
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1 pay records. Time and pay records shall be kept for each
2 patient-resident worker. Records shall reflect the productivity
3 rate and hours worked.
4 Section 8. Medical fitness certification required.
5 Patient-residents shall not be permitted to engage in farm
6 labor unless a licensed medical physician certifies that the
7 labor is appropriate to the physical condition and age of the
8 said patient-resident.
9 Section 9. Patient-residents not employees.
10 Patient-residents shall not be deemed employees of the
11 Commonwealth.
12 Section 10. Disqualification from eligibility for program.
13 Patient-residents shall not be eligible to participate in the
14 voluntary farm labor program if their commitment is based in
15 whole or in part, on acts giving rise to the following charges
16 under Title 18 (Crimes and Offenses) of the Pennsylvania
17 Consolidated Statutes:
18 Section 2502 (relating to murder)
19 Section 2503 (relating to voluntary manslaughter)
20 Section 2702 (relating to aggravated assault)
21 Section 2901 (relating to kidnapping)
22 Section 3121(1) and (2) (relating to rape)
23 Section 3123(1) and (2) (relating to involuntary deviate
24 sexual intercourse)
25 Section 3301 (relating to arson and related offenses).
26 A finding of incompetency to be tried or a verdict of acquittal
27 because of lack of criminal responsibility has been entered.
28 Section 11. Disqualification of juveniles from eligibility for
29 program.
30 Juvenile patient-residents shall not be eligible to
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1 participate in voluntary farm labor if their commitment is based
2 in whole or in part on acts which include the elements of any of
3 the following violations of Title 18 (Crimes and Offenses) of
4 the Pennsylvania Consolidated Statutes:
5 Section 2502 (relating to murder)
6 Section 2503 (relating to voluntary manslaughter)
7 Section 2702 (relating to aggravated assault)
8 Section 2901 (relating to kidnapping)
9 Section 3121(1) and (2) (relating to rape)
10 Section 3123(1) and (2) (relating to involuntary deviate
11 sexual intercourse)
12 Section 3301 (relating to arson and related offenses).
13 Section 12. Effective date.
14 This act shall take effect in 60 days.
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