61 Pa.C.S. § 5909 — PA Code / Title 61 / Chapter 59 / Section 5909
Training and education requirement.
Status: in_force

(a) Correctional institution staff training.--The department, in consultation with the Department of Human Services and the Department of Health, shall develop and provide correctional institutions with a training program for staff who have contact with a pregnant, laboring or postpartum incarcerated individual or detainee. The training program shall be related to the physical and mental health of the pregnant or postpartum incarcerated individual or detainee and unborn child, including:

(1) The general care of a pregnant individual.

(2) The impact of restraints on a pregnant individual and unborn child.

(3) The impact of being placed in restrictive housing on a pregnant individual.

(4) The impact of invasive searches on a pregnant individual.

(5) Any other pertinent information the department finds appropriate or necessary.

(b) Correctional institution staff training exceptions.--If the correctional institution or county correctional institution prohibits the placement of pregnant individuals as a matter of policy, that institution may submit a written exemption reporting that there is no risk of staff interacting with pregnant individuals housed in the institution. The exemption under this subsection shall apply only to the correctional institution, not the individual staff of the institution. All correctional institution staff that come in contact with pregnant incarcerated individuals shall complete the training under this section. If correctional institution staff work at more than one institution, the staff must receive the required training at the nonexempt institution.

(c) Education programming for pregnant incarcerated individuals.--The department, in consultation with the Department of Human Services and the Department of Health, shall develop and provide correctional institutions and county correctional institutions with educational programming for pregnant or postpartum incarcerated individuals or detainees. The educational programming shall be related to:

(1) Medical screenings related to female reproductive and overall health, including preventive screenings.

(2) Prenatal care.

(3) Pregnancy-specific hygiene.

(4) The impact of alcohol and drugs on the unborn child.

(5) General health of the child.

(6) Any other pertinent information the department finds appropriate or necessary.

(d) Trauma-informed care.--

(1) The chief administrator shall, as the chief administrator deems necessary, ensure that the correctional institution provides to incarcerated individuals and detainees quality trauma-informed care.

(2) Trauma-informed care for an individual shall begin immediately upon the individual's intake and assessment at a correctional institution.

(3) Beginning after December 31, 2025, correctional staff shall receive professional training, approved by the department, in consultation with the Department of Human Services, relating to trauma-informed care, which shall include the following:

(i) Training to identify individuals with trauma.

(ii) Training on how and when to refer individuals to the proper health care professionals, including preventive health care and mental health care.

(iii) Training on how to interact with and empower incarcerated individuals who have experienced trauma.

(e) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Postpartum." The eight-week period, or longer as determined by the health care professional responsible for the health and safety of the incarcerated individual or detainee, following childbirth.

"Trauma-informed care." An organizational structure and treatment framework that involves recognizing, understanding and responding to the effects of trauma. (Dec. 14, 2023, P.L.396, No.47, eff. 180 days; Oct. 29, 2024, P.L.1037, No.114, eff. imd.) 2024 Amendment. Act 114 amended subsecs. (a) intro. par. and (5), (c) intro. par. and (6) and (d)(3) intro. par. Section 8 of Act 114 provided that, with the exception of the amendment or addition of 61 Pa.C.S. § 1731(a)(2.1) and (b), Act 114 shall apply retroactively to June 11, 2024. 2023 Amendment. Act 47 added section 5909.
61 Pa.C.S. § 5002 — PA Code / Title 61 / Chapter 50 / Section 5002
Department.
Status: in_force

The department may do all of the following:

(1) Establish community corrections centers at locations throughout this Commonwealth approved by the Governor.

(2) Enter into contracts with private vendors to operate community corrections facilities.

(3) Establish parole violator centers. (June 30, 2021, P.L.260, No.59, eff. imd.)
61 Pa.C.S. § 1751 — PA Code / Title 61 / Chapter 17 / Section 1751
Costs of confinement.
Status: in_force

(a) Liability of cities.--

(1) When an inmate is committed to any county correctional institution in this Commonwealth either for the nonpayment of a fine or penalty imposed for the violation of any city ordinance or while awaiting a hearing upon any charge for the violation of any city ordinance, the costs of proceedings and the expenses of maintaining the inmate during his confinement by virtue of the commitment shall be borne and paid by the city whose ordinance was alleged to have been violated or to which any such fines or penalties are payable.

(2) The county in which the city is located shall not be liable to the sheriff for any such maintenance or to any officer, magistrate or person for any costs of such proceedings.

(b) Nonapplicability.--This section does not apply to a city of the third class.
61 Pa.C.S. § 3101 — PA Code / Title 61 / Chapter 31 / Section 3101
Inmates to be employed.
Status: in_force

The chief administrators may employ the inmates under their control for and on behalf of the Commonwealth and the inmates for and on behalf of their respective counties.
61 Pa.C.S. § 4604 — PA Code / Title 61 / Chapter 46 / Section 4604
Use of grant funding.
Status: in_force

(a) County.--A county awarded a grant under the pilot program shall contract with an entity, provider or organization that shall:

(1) Assess each offender, prior to reentry into the community, and determine if the offender is a candidate to whom should be administered medication that prevents relapse to drug dependence or alcohol dependence, or both.

(2) Create an individualized program for each offender identified under paragraph (1).

(3) Provide access to and administer long-acting nonnarcotic, nonaddictive medication assisted treatment.

(4) Provide clinically appropriate inpatient or outpatient services determined as necessary to support each individual's treatment plan.

(5) Cooperate with the county probation and parole office as to the use of any drug under paragraph (1) by any eligible offender.

(6) Create a discharge plan for each offender under paragraph (1).

(b) Requirement of participants.--Each participant must agree to waive the privacy requirements of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191, 110 Stat. 1936) to the extent needed for the county to have access to the information required under this section. Cross References. Section 4604 is referred to in section 4603 of this title.
61 Pa.C.S. § 3126 — PA Code / Title 61 / Chapter 31 / Section 3126
Inmate-made goods to be branded.
Status: in_force

(a) General rule.--All goods, wares, merchandise or other article or thing made by inmate labor in any correctional institution or other establishment in which inmate labor is employed, whether for the direct benefit and maintenance of the correctional institution or other establishment or upon contract by the authorities of the same with any third person, immediately upon the completion of the same, shall be branded as provided in this section and may not be taken into or exposed in any place for sale at wholesale or retail without that brand.

(b) Style and place of brand.--

(1) The brand required by this section shall be in plain English lettering and shall contain at the head or top of the brand the words "inmate made," followed by the year and name of the department, correctional institution or other establishment in which made.

(2) The brand shall in all cases, when the nature of the article will permit, be placed on the article and only where the branding is impossible may it be on the box or other receptacle or covering in which it is contained.

(3) The brand shall be affixed to the article by casting, burning, pressing or other such process or means so that the article may not be defaced and in all cases shall be upon the most conspicuous place upon the article or the box, receptacle or covering containing the article.

(c) Applicability.--This section shall not apply to goods, wares and merchandise shipped to points outside this Commonwealth.
61 Pa.C.S. § 1104 — PA Code / Title 61 / Chapter 11 / Section 1104
State recording system relating to pregnant and postpartum incarcerated individuals or detainees.
Status: in_force

(a) General rule.--A correctional institution shall, in writing, report each restraint applied to a pregnant, laboring or postpartum individual in the correctional institution's custody, as well as any instance where a pregnant, laboring or postpartum individual is placed in restrictive housing. The report shall note the number and type of restraints or, in the case of restrictive housing, the length of time the individual was placed in restrictive housing. The provisions of this subsection shall apply to any person tasked with transporting

or housing incarcerated individuals or detainees. Reports shall be made as follows:

(1) A correctional institution shall make the report to the secretary.

(2) (Reserved).

(b) Contents of report.--Reports of each restraint or placement of a pregnant, laboring or postpartum individual in restrictive housing as required under subsection (a) must include the following:

(1) (Deleted by amendment).

(2) (Deleted by amendment).

(2.1) The circumstances that led to the determination that:

(i) the pregnant, laboring or postpartum individual represented a substantial risk of imminent flight; or

(ii) other extraordinary medical or security circumstances dictated that the pregnant, laboring or postpartum individual be restrained or placed in restrictive housing to ensure the safety and security of the pregnant, laboring or postpartum individual, the staff of the correctional institution or medical facility, other incarcerated individuals or detainees or the public.

(3) The date and time restraints were applied or the restrictive housing placement occurred and the length of time the pregnant, laboring or postpartum individual was kept in restraints or restrictive housing.

(4) The badge number or identification number of the following:

(i) The custodian or staff member who applied the restraints or placed the individual into restrictive housing.

(ii) Any superior officers approving or advising the application of restraints or placement in restrictive housing.

(5) The number and type of restraints used or the location and description of the restrictive housing.

(6) Any visible injury of the pregnant, laboring or postpartum individual resulting from placement in the restraints that is documented by the correctional institution.

(c) Staff presence during labor.--Other than licensed medical professionals, only female staff shall be present in the room during the examination, labor or delivery of the pregnant incarcerated individual. If male staff, other than licensed medical professionals, remain present during the examination, labor or delivery of the pregnant incarcerated individual, that information and the reasons for the presence shall be reported to the department.

(d) Availability of reports.--The nonidentifying data contained in the written reports submitted to the department shall be posted on the department's publicly accessible Internet website annually. No identifying information, such as names or dates of birth, shall be posted.

(e) Failure to submit report.--If a correctional institution fails to submit a report under this section within 30 days after the end of the fiscal year, the department shall obtain a certification, to be created by the department from the correctional institution verifying that the correctional institution had zero instances of use of restraints, placement in restrictive housing or male staff presence, other than licensed medical professionals, during medical examinations or

appointments of pregnant incarcerated individuals under the provisions of this section.

(f) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Correctional institution." As defined in section 5905(e)(relating to healthy birth for incarcerated women).

"Postpartum." The eight-week period, or longer as determined by the health care professional responsible for the health and safety of the incarcerated individual or detainee, following childbirth.

"Restraints." Any physical or mechanical device used to restrict or control the movement of an incarcerated individual's body, limbs or both.

"Restrictive housing." Placement in an area or group of cells designated to house individuals assigned to disciplinary or administrative custody in which out-of-cell time is limited to less than two hours per day.

"Staff." An individual who is employed or contracted by a correctional institution or the department. (July 2, 2010, P.L.275, No.45, eff. 60 days; Dec. 14, 2023, P.L.396, No.47, eff. 180 days; Oct. 29, 2024, P.L.1037, No.114, eff. imd.) 2024 Amendment. Act 114 amended subsecs. (a), (c), (d),

(e) and (f). Section 8 of Act 114 provided that, with the exception of the amendment or addition of 61 Pa.C.S. § 1731(a)(2.1) and (b), Act 114 shall apply retroactively to June 11, 2024. Cross References. Section 1104 is referred to in sections 5905, 5905.1 of this title.
61 Pa.C.S. § 1728 — PA Code / Title 61 / Chapter 17 / Section 1728
Contracts and purchases.
Status: in_force

All contracts and purchases required for the maintenance and support of the prisoners, repairs and improvements of the prison and alternative housing facilities and materials and supplies shall be conducted in accordance with the applicable provisions of the county administrative code.
61 Pa.C.S. § 5901 — PA Code / Title 61 / Chapter 59 / Section 5901
Physical welfare of inmates.
Status: in_force

(a) Physical exercise.--

(1) A chief administrator who may or shall have in charge any inmate, whether the inmate has been tried or not, shall provide the inmate with at least two hours of daily physical exercise in the open, weather permitting, and, upon such days on which the weather is inclement, with two hours of daily physical exercise inside of the correctional institution.

(2) The physical exercise must be safe and practical, and the judges of several courts are to be the judges thereof.

(3) Inmates in segregation or disciplinary status shall receive a minimum of at least one hour of daily exercise five days per week.

(b) Limitation.--The physical exercise required by subsection (a) shall not be taken by an inmate within the confines of his cell or room in which the inmate is confined.

(c) Applicability.--This section shall not apply to inmates who are confined and not physically able to take the required physical exercise.
61 Pa.C.S. § 7121 — PA Code / Title 61 / Chapter 71 / Section 7121
Deputization.
Status: in_force

(a) General rule.--The secretary may deputize any person to act as an officer and agent of the Commonwealth in effecting the return of any person who has violated the terms and conditions of parole or probation as granted by the Commonwealth. In any matter relating to the return of such person, an agent so deputized has all the powers of a police officer of this Commonwealth.

(b) Evidence of deputization.--A deputization under this section must be in writing and a person authorized to act as an agent of the Commonwealth under that authority shall carry formal evidence of the deputization and shall produce it on demand.

(c) Interstate contracts.--

(1) The secretary or a designee may, subject to the approval of the Auditor General, enter into contracts with similar officials of any other state for the purpose of sharing an equitable portion of the cost of effecting the return of any person who has violated the terms and conditions of parole or probation as granted by the Commonwealth.

(2) All interstate contracts entered into prior to the effective date of this paragraph are ratified and shall continue in effect according to their respective terms. (June 30, 2021, P.L.260, No.59, eff. imd.)
61 Pa.C.S. § 1783 — PA Code / Title 61 / Chapter 17 / Section 1783
Buildings.
Status: in_force

After the selection and acquisition of the sites, the county commissioners of the counties may erect and construct suitable and necessary buildings thereon, repair any buildings already erected and equip the buildings for use and occupancy. All buildings constructed in pursuance of this subchapter shall be plain and inexpensive in character. The labor in constructing such buildings and improvements and facilities shall be supplied by the persons committed to county correctional institutions in the counties or transferred thereto from any county correctional institution, so far as found practicable.
61 Pa.C.S. § 1164 — PA Code / Title 61 / Chapter 11 / Section 1164
Criminal offense during confinement.
Status: in_force

Where an inmate is in a State correctional institution either because of the inmate's sentence pursuant to the inmate's conviction or plea of guilty to a criminal charge or because of a commitment issued by any court of the Commonwealth having jurisdiction and, while so confined, the inmate commits a criminal offense and is subsequently convicted or enters a plea

of guilty, the expenses of keeping the inmate in any State correctional institution pursuant to such subsequent conviction or plea of guilty shall be borne by the Commonwealth.
61 Pa.C.S. § 1757 — PA Code / Title 61 / Chapter 17 / Section 1757
Collection from certain inmates.
Status: in_force

The governing body of a county correctional institution or, where applicable, the county commissioners, may, by resolution which shall establish rates and qualifications, authorize the chief administrator to collect a reasonable amount from inmates incarcerated only on weekends or other short periods each week.
61 Pa.C.S. § 4106 — PA Code / Title 61 / Chapter 41 / Section 4106
Written guidelines and regulations.
Status: in_force

The department shall develop written guidelines for participant selection criteria and the establishment of drug offender treatment program selection committees within each diagnostic and classification center of the department and shall address suspensions and expulsions from the drug offender treatment program. The guidelines shall not be subject to the act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act, and shall be effective for a period of two years upon publication in the Pennsylvania Bulletin. The guidelines shall be replaced by regulations promulgated by the department consistent with the Regulatory Review Act within the two-year period during which the guidelines are effective. The regulations shall include a requirement that community-based therapeutic communities utilized in the drug offender treatment program be accredited as a therapeutic community for treatment of drug and alcohol abuse and addiction by the Commission on Accreditation of Rehabilitation Facilities or other nationally recognized accreditation organization for community-based therapeutic communities for drug and alcohol addiction treatment.
61 Pa.C.S. § 1105 — PA Code / Title 61 / Chapter 11 / Section 1105
Powers and duties of department.
Status: in_force

(a) General rule.--The department shall have the power and its duty shall be:

(1) To establish standards for county correctional institutions, including, but not limited to, standards for physical facilities and standards for correctional programs of treatment, education and rehabilitation of inmates.

(2) To inspect county correctional institutions and to classify them in accordance with standards adopted under paragraph (1) as eligible to receive inmates sentenced to maximum terms of six months or more but less than five years.

(b) Rules and regulations.--The department may prescribe, adopt, promulgate and enforce rules and regulations in order to administer the provisions of this section. (Oct. 27, 2010, P.L.931, No.95, eff. imd.) 2010 Amendment. Act 95 added section 1105, retroactive to November 9, 2009. See section 23 of Act 95 in the appendix to this title for special provisions relating to continuation of regulations adopted under prior law.
61 Pa.C.S. § 6111 — PA Code / Title 61 / Chapter 61 / Section 6111
Pennsylvania Parole Board.
Status: in_force

(a) Establishment.--The Pennsylvania Parole Board is established as an independent administrative board for the purpose of granting and revoking paroles to certain offenders within this Commonwealth. The board shall function independently of the department regarding all of the board's decision-making functions, as well as any other powers and duties specified in this title.

(b) Membership.--The board shall consist of nine members who shall be appointed by the Governor, by and with the advice and consent of a majority of the members of the Senate, and each of whom shall hold office for a term of six years or until that person's successor shall have been duly appointed and qualified, but in no event more than 90 days beyond the expiration of that person's appointed term.

(c) Vacancies.--

(1) Vacancies occurring in an office of a member of the board by expiration of term, death, resignation, removal or for any other reason shall be filled in the manner provided by section 8 of Article IV of the Constitution of Pennsylvania for the remainder of the term.

(2) Whenever a board member's term expires, that member's position shall be immediately deemed a vacancy, and the Governor shall nominate a person to fill that membership position on the board within 90 days of the date of expiration, even if the member continues to remain on the board.

(d) Eligibility.--To be eligible to be appointed by the Governor for membership on the board, an individual shall have at least six years of professional experience in parole, probation, social work or related areas, including one year in a supervisory or administrative capacity, and a bachelor's degree. Any equivalent combination of experience and training shall be acceptable.

(e) General powers.--Subject to the provisions of this chapter, the board shall have all the powers and shall perform the duties generally vested in and imposed upon independent administrative boards and commissions by the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, and shall be subject to all the provisions of that act applicable generally to independent administrative boards and commissions. (Dec. 18, 2019, P.L.776, No.115, eff. 60 days; June 30, 2021, P.L.260, No.59, eff. imd.) 2021 Amendment. Act 59 amended subsec. (a). 2019 Amendment. Act 115 amended the section heading and subsec. (a).
61 Pa.C.S. § 1161 — PA Code / Title 61 / Chapter 11 / Section 1161
Return of escaped inmates.
Status: in_force

(a) General rule.--In all cases where an inmate, after an escape from a State correctional institution, is apprehended or arrested by any officer having authority to make such arrest, the officer shall notify the State correctional institution from which the escape was made. The State correctional institution shall notify the department or the Pennsylvania State Police, which shall immediately send an officer or officers to return the inmate to the State correctional institution.

(b) Expenses.--All necessary expenses incurred by the officer or officers in returning an escaped inmate to the State correctional institution shall be borne by the State correctional institution from which the escape was made, which expenses shall be refunded to the county correctional institution or the Pennsylvania State Police whose officer or agent makes the return.
61 Pa.C.S. § 6164 — PA Code / Title 61 / Chapter 61 / Section 6164
Regulations.
Status: in_force

The department shall promulgate regulations necessary to carry out the purposes of this subchapter.
61 Pa.C.S. § 6116 — PA Code / Title 61 / Chapter 61 / Section 6116
Meetings.
Status: in_force

(a) General rule.--As soon as may be convenient after their appointment, the members of the board shall meet and organize.

(b) Appointment of secretary of board.--The members of the board shall appoint a secretary, who shall:

(1) Not be a member of the board.

(2) Hold office at the pleasure of the board.

(3) Maintain a record of the proceedings of the board and perform such duties not inconsistent with any law of this Commonwealth as the board shall prescribe.

(4) Receive such compensation as the board shall determine in conformity with the rules of the Executive Board.

(c) Temporary secretary of board.--In the absence or incapacity of the secretary to act, the board may designate such other person as it may choose to perform temporarily the duties of the secretary of the board.

(d) Counsel.--Legal counsel for the board shall be appointed in accordance with the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act.

(e) Hearing examiners.--The board may appoint a sufficient number of individuals to conduct hearings as required or authorized by this title. (June 30, 2021, P.L.260, No.59, eff. imd.)
61 Pa.C.S. § 1797 — PA Code / Title 61 / Chapter 17 / Section 1797
Exemption from taxation.
Status: in_force

All the property, real and personal, authorized to be held under this subchapter shall be exempt from taxation.
61 Pa.C.S. § 4107 — PA Code / Title 61 / Chapter 41 / Section 4107
Evaluation.
Status: in_force

(a) Final report.--(Deleted by amendment).

(b) Evaluation and report to General Assembly.--The department shall monitor and evaluate the State drug treatment program to ensure that the programmatic objectives are met. Every three years, the department shall present a report of its evaluation to the Judiciary Committee of the Senate and the Judiciary Committee of the House of Representatives no later than February 1. The report shall include:

(1) The number of persons evaluated for the State drug treatment program.

(2) The number of persons placed into the State drug treatment program.

(3) The number of persons sentenced to a State correctional institution who may have been eligible for the State drug treatment program.

(4) The number of persons successfully completing the State drug treatment program.

(5) The six-month, one-year, three-year and five-year recidivism rates for persons who have completed the State drug treatment program and for a comparison group of persons who were not placed in the State drug treatment program.

(6) Any changes the department believes will make the State drug treatment program more effective. (Dec. 18, 2019, P.L.776, No.115, eff. 60 days)
61 Pa.C.S. § 5905.1 — PA Code / Title 61 / Chapter 59 / Section 5905.1
Restrictive housing prohibited for pregnant or postpartum incarcerated individuals and detainees.
Status: in_force

(a) Restrictive housing prohibited.--Except as provided under subsection (c), a pregnant or postpartum incarcerated individual or detainee may not be involuntarily placed in restrictive housing in any correctional institution in this Commonwealth.

(b) Alternative discipline.--Forms of discipline for pregnant and postpartum incarcerated individuals or detainees shall be limited to sanctions, including restrictions on telephone usage or visitation or other common forms of alternative discipline used in the United States.

(c) Exceptions.--A pregnant or postpartum incarcerated individual or detainee may be placed in restrictive housing only as a temporary response to behavior that poses a serious and immediate risk of physical harm to the pregnant or postpartum incarcerated individual or detainee, another incarcerated individual or detainee, the unborn child of the pregnant incarcerated individual or detainee or staff. The following shall apply:

(1) The decision to place a pregnant or postpartum incarcerated individual or detainee in restrictive housing under this subsection must be approved by the chief administrator.

(2) The rationale for the decision under this subsection must be documented as required by section 1104 (relating to

State recording system relating to pregnant and postpartum incarcerated individuals or detainees).

(3) No period of restrictive housing shall exceed seven days without additional approval and documented rationale, as required by section 1104, of the chief administrator. There shall be a minimum of 24 hours between each restrictive placement absent extraordinary circumstances.

(d) Bed assignments.--The correctional institution may not assign a pregnant incarcerated individual or detainee to any bed that is elevated more than three feet from the floor of the facility.

(e) Definition.--As used in this section, the term "postpartum" means the eight-week period, or longer as determined by the health care professional responsible for the health and safety of the incarcerated individual or detainee, following childbirth. (Dec. 14, 2023, P.L.396, No.47, eff. 180 days) 2023 Amendment. Act 47 added section 5905.1. Cross References. Section 5905.1 is referred to in section 1758 of this title.
61 Pa.C.S. § 1755 — PA Code / Title 61 / Chapter 17 / Section 1755
Property exempt from taxation.
Status: in_force

All the property, real and personal, authorized to be held under the former act of June 26, 1895 (P.L.377, No.269), entitled "An act authorizing the erection of work-houses in the several counties of this Commonwealth," shall be exempt from taxation and from levy and sale by virtue of execution or any other process.
61 Pa.C.S. § 1765 — PA Code / Title 61 / Chapter 17 / Section 1765
Advisory board.
Status: in_force

After joint detention facilities have been erected and equipped and are ready for occupancy, the president judges of the courts of common pleas of the counties joining in the construction of the joint detention facilities shall appoint an advisory board to consist of three persons from each of the counties. The president judge of each of the counties shall appoint one member of the board to serve for one year, one to serve for two years and one to serve for three years or until their successors are appointed and qualified. All appointments at the expiration of any term shall be for a term of three years.
61 Pa.C.S. § 9762 — PA Code / Title 61 / Chapter 97 / Section 9762
Section 9762
Status: in_force

(c) Definition.--As used in this section, "period of two years" means the entire continuous term of sentence to which a person is subject, whether for one or more sentences, either to simple imprisonment or to an indeterminate imprisonment as authorized by law to be imposed for criminal offenses. (July 5, 2012, P.L.1050, No.122, eff. imd.; June 30, 2021, P.L.260, No.59, eff. imd.) 2021 Amendment. Act 59 amended the section heading and subsecs. (a) and (b).
61 Pa.C.S. § 1766 — PA Code / Title 61 / Chapter 17 / Section 1766
Meetings.
Status: in_force

(a) General rule.--The advisory board shall meet at such times as it deems necessary. The board shall visit and inspect and keep in close touch with the management and operation of the joint detention facilities and shall, from time to time, make such recommendations and suggestions to the county commissioners for changes or improvements in the management and operations of the joint detention facilities as may be deemed advisable. It shall also make an annual report to the county commissioners concerning the management and operation of the joint detention facilities.

(b) Administrative support.--The county commissioners shall, at the expense of the counties, provide a meeting place for the board and furnish all supplies and materials necessary to carry on its work.

(c) Reimbursement of expenses.--The members of the board shall not receive any compensation for their services but shall be reimbursed for all actual and necessary expenses incurred in the discharge of their duties, which expenses shall be paid

by the counties as part of the cost of maintenance of the joint detention facilities.
61 Pa.C.S. § 1752 — PA Code / Title 61 / Chapter 17 / Section 1752
Board of inspectors to regulate salaries of wardens and other staff.
Status: in_force

(a) General rule.--The board of inspectors in any county where such board exists shall, from time to time, fix and change the salaries and compensation of the deputy wardens, corrections officers and other persons employed in and about the county prison.

(b) Nonapplicability.--This section shall not apply to counties in which cities are coextensive with the counties.
61 Pa.C.S. § 3302 — PA Code / Title 61 / Chapter 33 / Section 3302
Definitions.
Status: in_force

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:

"Program." The Medical Services Program established for inmates under section 3303 (relating to Medical Services Program).
61 Pa.C.S. § 23 — PA Code / Title 61 / Chapter 23 / Section 23
Continuation of regulations adopted under prior law.
Status: in_force

The regulations adopted under the former act of December 27, 1965 (P.L.1237, No.502), entitled "An act establishing regional correctional facilities administered by the Bureau of Correction as part of the State correctional system; establishing standards for county jails, and providing for inspection and classification of county jails and for commitment to State correctional facilities and county jails," and the former act of October 16, 1972 (P.L.913, No.218), entitled "An act establishing regional community treatment centers for women administered by the Bureau of Correction of the Department of Justice as part of the State Correctional System, providing for the commitment of females to such centers and their temporary release therefrom for certain purposes, restricting confinement of females in county jails and conferring powers and duties upon the Department of Justice and the Bureau of Correction," prior to the effective date of this section shall continue to have the force and effect of law and shall be construed to be consistent with the provisions of 61 Pa.C.S. § 1105. Explanatory Note. Act 95 amended, added or repealed sections 102 and 1105, the heading of Subchapter B of Chapter 17, sections 1721, 1722 and 1723, the heading of Subchapter C of
61 Pa.C.S. § 4701 — PA Code / Title 61 / Chapter 47 / Section 4701
Definitions.
Status: in_force

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 facility." A residential facility operated by a private contractor that:

(1) houses offenders pursuant to a contract with the Department of Corrections; and

(2) is operated in accordance with Chapter 50 (relating to community corrections centers and community corrections facilities). (July 5, 2012, P.L.1050, No.122, eff. July 1, 2013)
61 Pa.C.S. § 1796 — PA Code / Title 61 / Chapter 17 / Section 1796
Borrowing authorized.
Status: in_force

The county commissioners of each county joining in establishing a joint industrial farm and workhouse, as provided for in this subchapter, may incur or increase the indebtedness of the county, in the manner provided by law, to an amount sufficient to pay its proportionate part of the cost of acquiring a site and of erecting, constructing and equipping the joint industrial farm and workhouse by issuing coupon bonds at a rate of interest not exceeding 6% and payable within 30 years from the date of issue. The county commissioners of the county shall levy an annual tax in an amount necessary to pay interest and sinking fund charges upon the bonds.
61 Pa.C.S. § 1756 — PA Code / Title 61 / Chapter 17 / Section 1756
Loss of privileges.
Status: in_force

A chief administrator of a county correctional institution may refuse to permit a prisoner to exercise the prisoner's privilege to leave the county correctional institution for a period of not more than five days for any breach of discipline or other violation of regulations of the county correctional institution.
61 Pa.C.S. § 1726 — PA Code / Title 61 / Chapter 17 / Section 1726
Warden.
Status: in_force

(a) Appointment.--

(1) The chief executive shall appoint a warden subject to confirmation by the board. The warden shall serve at the pleasure of the chief executive, who shall fix an appropriate salary.

(2) The warden shall be a resident of the county six months after the date of appointment.

(b) Duty to employ staff.--Subject to approval of the manager, the warden shall employ deputies, assistants and other personnel required to adequately operate the prison and alternative housing facilities.

(c) Duty to report.--

(1) The warden shall submit an annual written report to the board which shall contain information on the population, conditions and practices in the prison and other matters as specified by the board. The annual report shall be available for public inspection.

(2) The warden shall report to the county chief executive and to the board.
61 Pa.C.S. § 6173 — PA Code / Title 61 / Chapter 61 / Section 6173
Investigation of circumstances of offense.
Status: in_force

(a) Duty to investigate.--The department, upon the commitment to a correctional facility of any offender whom the board is given the power to parole, shall investigate and include in its report to the board:

(1) The nature and circumstances of the offense committed.

(2) Any recommendations made by the trial judge and prosecuting attorney.

(3) The general character and background of the offender.

(4) Participation by an offender sentenced after February 19, 1999, and who is serving a sentence for a crime of violence in a victim impact education program offered by the department.

(5) The written or personal statement of the testimony of the victim or the victim's family submitted under section 6140 (relating to victim statements, testimony and participation in hearing).

(6) The notes of testimony of the sentencing hearing, if any, together with such additional information regarding the nature and circumstances of the offense committed for which sentence was imposed as may be available.

(7) The conduct of the offender while in prison and the offender's physical, mental and behavioral condition and history, in addition to history of family violence and complete criminal record.

(b) Cooperation of public officials.--A public official who possesses offender records or information shall furnish the records or information to the department upon request and without charge so far as may be practicable while the case is recent.

(c) Duty to transmit.--A court sentencing any offender to a term as to which power to parole is given to the board in this chapter shall transmit to the department, within 30 days after the imposition of the sentence:

(1) A copy of the notes of testimony of the sentencing hearing that may have been filed or recorded in the case.

(2) Copies of any criminal identification records secured from the Federal Bureau of Investigation.

(3) Copies of presentence investigation reports and behavior clinic reports, if any were submitted to the court, the last two of which records, being confidential records of the court, shall be treated confidentially by the department, who shall not permit examination of the records by anyone other than its duly appointed officers and employees and the board and its officers and employees, except upon court order.
61 Pa.C.S. § 1769 — PA Code / Title 61 / Chapter 17 / Section 1769
Initial transfer of inmates.
Status: in_force

When, in any district formed by counties under this subchapter, the arrangements are complete for the reception of inmates, transfer of all persons who are subject to confinement as provided in this subchapter shall be made to the joint detention facilities of the district.
61 Pa.C.S. § 6122 — PA Code / Title 61 / Chapter 61 / Section 6122
Political activities.
Status: in_force

(a) General rule.--No member of the board, or officer, clerk or employee thereof, or any person officially connected with the board:

(1) Shall take any active part in politics or be a member of or delegate or alternate to any political convention or be present at such convention, except in the performance of that person's official duties under this chapter.

(2) Shall serve as a member of or attend the meetings of any committee of any political party, or take any part in political management or political campaigns, or use that person's office to influence political movements, or to influence the action of any other officer, clerk or employee of the board.

(3) Shall in any way or manner interfere with or participate in the conduct of any election or the preparation therefore at the polling place, or with the election officers while counting the votes or returning the ballot boxes, books, papers, election paraphernalia and machinery to the place provided by law, or be within any polling place, except for the purpose of voting as speedily as it reasonably can be done, or be otherwise within 50 feet of any polling place, except for purposes of ordinary travel or residence during the period of time beginning with one hour preceding the opening of the polls for holding the election and ending with the time when the election officers shall have finished counting the votes and have left the polling place.

(4) Shall directly or indirectly make or give, demand or solicit or be in any manner concerned in making, giving, demanding, soliciting or receiving any assessments, subscriptions or contributions, whether voluntary or involuntary, to any political party or for any political purpose whatsoever.

(b) Penalty.--Any person who violates any of the provisions of this section:

(1) Commits a misdemeanor of the third degree, and, upon conviction thereof, shall be punished by a fine not exceeding $500 or imprisonment not exceeding one year, or both.

(2) Shall forfeit that person's office or employment, as the case may be.

(3) Shall not thereafter be appointed or employed by the board in any position or capacity whatsoever.

(c) Dismissal required.--The board shall dismiss any officer, clerk or employee thereof who shall violate this section from that person's office or employment.
61 Pa.C.S. § 6171.1 — PA Code / Title 61 / Chapter 61 / Section 6171.1
District offices.
Status: in_force

(a) Principal office.--The department shall provide offices for the board. The board shall appoint and employ such number and character of officers, agents, clerks, stenographers and employees as may be necessary to carry out the purposes of this chapter. The salaries of persons so appointed and employed by the board shall be fixed by the board.

(b) District offices.--The department shall divide the Commonwealth for administrative purposes into a suitable number of districts, not to exceed 10, in each of which shall be a district office which shall have immediate charge of the supervision of cases of probation and parole arising in the courts of the judicial districts embraced within its territorial limits, but, as occasion may require, the supervision of particular parolees may be transferred by the department to other appropriate parole districts.

(c) Location of district offices.--

(1) The department shall fix and determine the location of the various district offices within their respective districts, having regard to local conditions in each district and to the most convenient and efficient functioning of the office established in each district.

(2) At each of the locations so fixed and determined, the department shall provide such office accommodations, furniture, equipment and supplies as may be reasonably suitable and adequate for the proper handling and dispatch of the parole business of the district.

(3) The department may enter into contracts on behalf of the Commonwealth for such office accommodations, furniture, equipment and supplies through the Department of General Services.

(d) Consideration for fixing compensation.--In fixing compensation for its officers, clerks and employees under the provisions of this chapter, the department shall have regard to the kind, grade or class of service to be rendered, and, whenever any standard compensation has been fixed by the Executive Board for any kind, grade or class of service or employment, the compensation of all persons appointed or employed by the department in the same kind, grade or class shall be fixed by it in accordance with such standard.
61 Pa.C.S. § 4903 — PA Code / Title 61 / Chapter 49 / Section 4903
Safe Community Reentry Program.
Status: in_force

(a) Program established.--The department and the board shall jointly establish a Safe Community Reentry Program to reduce recidivism and ensure the successful reentry of offenders into the community.

(b) Assessment and plan.--

(1) The department shall assess each offender entering into the State correctional system to determine which treatment services, programs and skills the offender needs to develop to be successful in the community following the offender's release.

(2) The department or the board shall assist each offender in developing a reentry plan for the offender. The reentry plan shall include the offender's educational, employment, housing and treatment needs as appropriate and necessary to encourage the successful transition and reintegration of the offender into the community.

(3) The department or the board shall endeavor to coordinate the specifics of the offender's reentry plan with the educational, vocational training and treatment services that will be provided to the offender during the offender's incarceration.

(c) Transition and reintegration programs.--The department may identify a comprehensive network of transition and reintegration programs to address the needs of offenders released from incarceration.

(d) Community organizations.--

(1) The department and the board may use community organizations and other nonprofit and for-profit entities to assist the department and the board in meeting the needs of offenders reentering the community.

(2) The department and the board may develop and maintain a list of community organizations and other nonprofit and for-profit entities available to provide services. Community organizations and other nonprofit and for-profit entities may provide services, including education, vocational training, treatment services, support with finding housing and employment and may help with family issues and other elements of life after incarceration.

(3) The department and the board may refer offenders to community organizations and other nonprofit and for-profit entities on the list.

(e) Sharing of information.--The department and the board may share information about offenders with the entities the department and the board contract with under section 4904 (relating to contract for services) and other agencies and providers of services as necessary to adequately assess and address the needs of each offender. The following shall apply:

(1) No person having access to any report, record or other information prepared or assembled under this chapter shall disclose the report, record or information without the permission of the department or the board.

(2) Nothing under this subsection shall be construed to permit the department or the board to disclose information where disclosure is prohibited under Federal or State law or regulations.
61 Pa.C.S. § 3512 — PA Code / Title 61 / Chapter 35 / Section 3512
Definitions.
Status: in_force

The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Official visitor." The Governor, Lieutenant Governor, President pro tempore and members of the Senate, Speaker and members of the House of Representatives, justices and judges of the courts of record, General Counsel, Attorney General and his deputies and authorized members of the Pennsylvania Prison Society who have been designated as official visitors, whose names shall be given to a chief administrator, in writing, together with the terms of their appointment under its corporate seal.
61 Pa.C.S. § 7111 — PA Code / Title 61 / Chapter 71 / Section 7111
Short title of subchapter.
Status: in_force

This subchapter shall be known and may be cited as the Interstate Compact for the Supervision of Adult Offenders Act.
61 Pa.C.S. § 4501 — PA Code / Title 61 / Chapter 45 / Section 4501
Scope of chapter.
Status: in_force

This chapter relates to recidivism risk reduction incentive.
61 Pa.C.S. § 6119 — PA Code / Title 61 / Chapter 61 / Section 6119
District directors (Repealed).
Status: repealed

2021 Repeal. Section 6119 was repealed June 30, 2021, P.L.260, No.59, effective immediately.
61 Pa.C.S. § 28 — PA Code / Title 61 / Chapter 28 / Section 28
Reference in law.
Status: in_force

Any reference in law to a parole agent or supervision staff shall be deemed a reference to an agent as defined in 61 Pa.C.S. § 6101. This act does not change the status of State parole agents for the purposes of the act of July 23, 1970 (P.L.563, No.195), known as the Public Employe Relations Act, or cause State parole agents to be considered policemen for the purposes of the act of June 24, 1968 (P.L.237, No.111), referred to as the Policemen and Firemen Collective Bargaining Act. 2024, OCTOBER 29, P.L.1037, NO.114
61 Pa.C.S. § 1761 — PA Code / Title 61 / Chapter 17 / Section 1761
Establishment by adjoining counties.
Status: in_force

(a) Authority.--The county commissioners of any two or more adjoining counties may join in establishing, according to a plan, detention facilities for the confinement of persons awaiting trial or sentence on criminal charges, convicted on criminal charges or not otherwise eligible for confinement in other county correctional institutions.

(b) Preapproval of plan by department.--Before establishing detention facilities, the counties shall submit their plan to the department for approval. The department may require, as a condition to approving any plan, that two or more adjoining counties join with another adjoining county to establish detention facilities.
61 Pa.C.S. § 4505 — PA Code / Title 61 / Chapter 45 / Section 4505
Sentencing.
Status: in_force

(a) Generally.--At the time of sentencing, the court shall make a determination whether the defendant is an eligible offender.

(b) Waiver of eligibility requirements.--The prosecuting attorney, in the prosecuting attorney's sole discretion, may advise the court that the Commonwealth has elected to waive the eligibility requirements of this chapter if the victim has been given notice of the prosecuting attorney's intent to waive the eligibility requirements and an opportunity to be heard on the issue. The court, after considering victim input, may refuse to accept the prosecuting attorney's waiver of the eligibility requirements.

(c) Recidivism risk reduction incentive minimum sentence.--If the court determines that the defendant is an eligible offender or the prosecuting attorney has waived the eligibility requirements under subsection (b), the court shall provide notice of eligibility to the defendant and enter a sentencing order that does all of the following:

(1) Imposes the minimum and maximum sentences as required under 42 Pa.C.S. § 9752 (relating to sentencing proceeding generally).

(2) Imposes the recidivism risk reduction incentive minimum sentence. The court shall direct the department to calculate the length of the sentence. The recidivism risk reduction incentive minimum shall be equal to three-fourths of the minimum sentence imposed when the minimum sentence is three years or less. The recidivism risk reduction incentive minimum shall be equal to five-sixths of the minimum sentence if the minimum sentence is greater than three years. For purposes of these calculations, partial days shall be rounded to the nearest whole day. In determining the recidivism risk reduction incentive minimum sentence, the aggregation provisions of 42 Pa.C.S. §§ 9757 (relating to consecutive sentences of total confinement for multiple offenses) and 9762(f) (relating to sentencing proceeding; place of confinement) shall apply and the recidivism risk reduction incentive minimum sentence shall be recalculated following the aggregation of consecutive sentences. An offender determined by the court to be ineligible for a recidivism risk reduction incentive minimum sentence for any of the sentences subject to aggregation shall be ineligible for a recidivism risk reduction incentive minimum sentence for the aggregated sentence.

(3) Notwithstanding paragraph (2), if the defendant was previously sentenced to two or more recidivism risk reduction incentive minimum sentences, the court may, in its discretion, with the approval of the prosecuting attorney, impose the recidivism risk reduction incentive minimum sentence as provided for in paragraph (2).

(4) Complies with all other applicable sentencing provisions, including provisions relating to victim notification and the opportunity to be heard. (Dec. 18, 2019, P.L.776, No.115, eff. imd.)

2019 Amendment. Act 115 amended subsec. (c) intro. par. and

(2). Cross References. Section 4505 is referred to in section 4506 of this title.
61 Pa.C.S. § 6174 — PA Code / Title 61 / Chapter 61 / Section 6174
Right of access to offenders.
Status: in_force

All prison officials shall:

(1) At all reasonable times grant to the properly accredited representatives of the department access to any detainee whom the board has power to parole.

(2) At all reasonable times provide for the board or its properly accredited representative facilities for communicating with and observing a detainee while imprisoned. Cross References. Section 6174 is referred to in section 6137 of this title.
61 Pa.C.S. § 4606 — PA Code / Title 61 / Chapter 46 / Section 4606
Prior authorization.
Status: in_force

Long-acting injectable naltrexone shall be approved as part of a prior authorization process by any Medicaid managed care plan operating under contract with the Commonwealth for eligible offenders enrolled in the pilot program and receiving comprehensive substance abuse treatment which includes the monitoring of medication adherence upon their release from county correctional institutions. Within 90 days of the effective date of this section, the Department of Human Services shall issue a bulletin notice to instruct Medicaid managed care plans that approval for the use of long-acting injectable naltrexone must be granted if the eligible offenders are enrolled in the pilot program upon their release from county correctional institutions.
61 Pa.C.S. § 6143 — PA Code / Title 61 / Chapter 61 / Section 6143
Early parole of offenders subject to Federal removal order.
Status: in_force

(a) Eligibility.--Notwithstanding any other provision of law, the board may parole an offender into the custody of the United States Immigration and Customs Enforcement for deportation prior to the expiration of the offender's minimum term of imprisonment if all of the following requirements are satisfied:

(1) The board has received an order of removal for the offender from the United States Immigration and Customs Enforcement.

(2) The offender is at least 18 years of age and is not a native or citizen of the United States.

(3) The offender has never been convicted or adjudicated delinquent of a crime of violence or a crime requiring registration under 42 Pa.C.S. Ch. 97 Subch. H (relating to registration of sexual offenders).

(4) The board certifies that removal of the offender is appropriate and in the best interests of the Commonwealth.

(5) The offender has been advised of all of the following:

(i) Unlawful reentry into the United States will result in the offender's return to the department to serve the remainder of the offender's maximum term of imprisonment without the possibility of parole.

(ii) If the offender reenters the United States and commits a criminal offense, upon conviction the offender shall be subject to 42 Pa.C.S. § 9720.3 (relating to sentencing for certain paroled offenders).

(iii) Reentry into the United States may subject the offender to prosecution by the United States under 8 U.S.C. § 1326 (relating to reentry of removed aliens).

(b) Parole discretionary.--The decision to parole an offender under subsection (a) shall be within the sole discretion of the board. Nothing under this section shall be construed to confer a legal right upon the offender to parole under subsection (a).

(c) Return of offender by United States.--If the United States Immigration and Customs Enforcement is unable to or does not deport the offender, the offender shall be returned to the custody of the department and the board shall rescind the offender's parole.

(d) Unlawful reentry.--An offender paroled under this section who returns unlawfully to the United States shall be given a hearing before the board and recommitted as a parole violator upon a determination by the board that the offender did unlawfully return to the United States. Upon recommitment, the offender shall be required to serve the remainder of the offender's maximum term of imprisonment without the possibility of parole. The offender shall not be entitled to credit for any time on parole under this section.

(e) Definition.--(Deleted by amendment). (July 5, 2012, P.L.1050, No.122, eff. 60 days; June 30, 2021, P.L.260, No.59, eff. imd.) Cross References. Section 6143 is referred to in section 6138 of this title; 9720.3 of Title 42 (Judiciary and Judicial Procedure).
61 Pa.C.S. § 4601 — PA Code / Title 61 / Chapter 46 / Section 4601
Definitions.
Status: in_force

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:

"Eligible offender." A defendant or inmate convicted of a criminal offense who will be committed to the custody of the county and who meets all of the following eligibility requirements:

(1) Does not demonstrate a history of present or past violent behavior.

(2) Has not been subject to a sentence the calculation of which includes an enhancement for the use of a deadly weapon as defined under law or the sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing or the attorney for the Commonwealth has not demonstrated that the defendant has been found guilty of or was convicted of an offense involving a deadly weapon or offense under 18 Pa.C.S. Ch. 61 (relating to firearms and other dangerous articles) or the equivalent offense under the laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation.

(3) Has not been found guilty of or previously convicted of or adjudicated delinquent for or an attempt or conspiracy to commit a personal injury crime as defined under section 103 of the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act, except for an offense under 18 Pa.C.S. § 2701 (relating to simple assault) when the offense is a misdemeanor of the third degree, or an equivalent offense under the laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation.

(4) Has not been found guilty or previously convicted or adjudicated delinquent for violating any of the following provisions or an equivalent offense under the laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation: 18 Pa.C.S. § 4302(a) (relating to incest). 18 Pa.C.S. § 5901 (relating to open lewdness).

18 Pa.C.S. Ch. 76 Subch. C (relating to Internet child sexual abuse material). Received a criminal sentence pursuant to 42 Pa.C.S. § 9712.1 (relating to sentences for certain drug offenses committed with firearms). Any offense for which registration is required under 42 Pa.C.S. Ch. 97 Subch. H (relating to registration of sexual offenders).

(5) Is not awaiting trial or sentencing for additional criminal charges, if a conviction or sentence on the additional charges would cause the defendant to become ineligible under this definition.

"Pilot program." The Nonnarcotic Medication Assisted Substance Abuse Treatment Grant Pilot Program established under this chapter. (Oct. 29, 2024, P.L.1095, No.125, eff. 60 days) 2024 Amendment. Act 125 amended par. (4) in the def. of

"eligible offender." 2020 Partial Repeal. Section 14(8) of Act 23 provided that the definition of "eligible offender" is repealed insofar as it is inconsistent with section 1721-L(2) of the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code.
61 Pa.C.S. § 14 — PA Code / Title 61 / Chapter 14 / Section 14
Continuation of fund.
Status: in_force

The County Probation Officers' Firearm Education and Training Fund is a continuation of the County Probation and Parole Officers' Firearm Education and Training Fund. 2010, OCTOBER 7, P.L.476, NO.65 Preamble The General Assembly finds and declares as follows:

(1) The purpose of this act is to require notice and a hearing relating to any request for proposal issued by the Department of Corrections for beds in a community corrections facility for inmates with prerelease status or individuals who are on parole.

(2) The hearing will provide concerned parties the opportunity to receive information regarding the beds requested at a community corrections facility and the impact on the community.

(3) The hearing will also provide individuals with the opportunity to ask questions and express concerns relative to the request for proposal. Explanatory Note. Act 65 added Chapter 47 of Title 61. 2010, OCTOBER 27, P.L.931, NO.95
61 Pa.C.S. § 7123 — PA Code / Title 61 / Chapter 71 / Section 7123
Penalty.
Status: in_force

A person who is on parole or probation in another state and who resides in this Commonwealth in violation of section 7122 (relating to supervision of persons paroled by other states) commits a misdemeanor of the first degree and shall be sentenced to pay a fine of not more than $10,000 or to imprisonment for not more than five years, or both.
61 Pa.C.S. § 3104 — PA Code / Title 61 / Chapter 31 / Section 3104
Inmate labor in county correctional institutions.
Status: in_force

(a) General rule.--An inmate of a county correctional institution who is physically capable may be employed at labor for not more than eight hours each day, other than Sundays and public holidays. The employment may be in such character of work and the production of such goods as may now be manufactured and produced in county correctional institutions and may also be for:

(1) the manufacture and production of supplies for the county correctional institutions;

(2) the preparation and manufacture of building material for the construction or repair of the county correctional institution;

(3) the manufacture and production of crushed stone, brick, tile and culvert pipe or other material suitable for draining roads; or

(4) the preparation of road building and ballasting material.

(b) Authority to county commissioners.--The county commissioners or chief administrator of the county correctional institution shall:

(1) determine the amount, kind and character of the machinery to be erected and the industries to be carried on in the county correctional institution;

(2) arrange for the purchase and installation of such machinery at the expense of the county; and

(3) provide for the sale of articles and material produced.

(c) Funding.--The county commissioners shall make available the necessary funds to carry out the provisions of this section.

(d) Inmate accounts.--

(1) The authorities in charge of a county correctional institution shall fix the wages of each inmate to be employed and shall keep an account of all such wages and the amount due each inmate.

(2) Three-fourths of the amount credited to each inmate, or the entire amount if the inmate so elects, shall constitute a fund for the relief of any person or persons dependent upon the inmate and shall be paid to such persons,

establishing dependency to the satisfaction of the authorities, at such times as they may prescribe.

(3) In case an inmate has no person dependent upon him, the inmate's wages shall be deposited for his benefit and shall be paid to him as follows:

(i) one-third at the time of his discharge;

(ii) one-third, three months thereafter; and

(iii) one-third, six months thereafter.

(e) Special administrative fund.--

(1) The authorities in charge of a county correctional institution may establish a fund for the purpose of carrying out this section and may provide for the purchase of machinery and materials and payment of wages from such fund.

(2) All revenues received from the sale of articles produced shall be paid into the fund.

(f) Nonapplicability.--This section shall not apply to a county of the first class. Special Provisions in Appendix. See section 10 of Act 33 of 2009 in the appendix to this title for special provisions relating to applicability.
61 Pa.C.S. § 6171.3 — PA Code / Title 61 / Chapter 61 / Section 6171.3
District office employees.
Status: in_force

(a) Department to appoint.--The department shall appoint in the various district offices a sufficient number of agents, clerks, stenographers and other employees to fully and efficiently administer the parole laws of this Commonwealth,

but no employee of the department shall be appointed by the department except in the manner provided by this chapter.

(b) Salaries and qualifications.--The salaries of the appointees in subsection (a) shall be fixed by the department. The department shall from time to time by appropriate rule or regulation prescribe the qualifications to be possessed by its personnel. The qualifications shall be such as will best promote the efficient operation of probation and parole.
61 Pa.C.S. § 1152 — PA Code / Title 61 / Chapter 11 / Section 1152
Transfers to city department.
Status: in_force

(a) Cities of the first class.--Every person sentenced by any court to a county correctional institution situate in a city of the first class shall be committed to the custody of the city department, where the city department has established a correctional, diagnostic and classification service for persons convicted of any crime.

(b) Duty of city department.--

(1) Every person committed to the custody of the city department under subsection (a) shall be confined, diagnosed and classified by the city department.

(2) Upon the completion of the diagnosis and classification, the person shall be placed in the county correctional institution of the city determined to be most appropriate for the service of sentence.

(3) In making the determination under paragraph (2), the city department shall consider the problem of rehabilitation, security, adequacy of facilities and such other factors as, in its opinion, will serve to promote the rehabilitation of inmates, consistent with the security and protection of the county.

(c) Intradepartmental transfers.--The city department may transfer between any correctional institutions under its control or supervision an inmate confined and serving in any of those institutions, whether the sentence is imposed before or after the effective date of this section, if the transfer is, in the opinion of the city department, consistent with the standards for original placement set forth in subsection (b).
61 Pa.C.S. § 1722 — PA Code / Title 61 / Chapter 17 / Section 1722
Definitions.
Status: in_force

The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Board." The county jail oversight board of a county.

"County." A county of the second class or a county that has elected to be governed by the provisions of this subchapter under section 1723(d) (relating to county jail oversight board). (Oct. 27, 2010, P.L.931, No.95, eff. imd.) 2010 Amendment. Section 27(1) of Act 95 provided that the amendment of section 1722 shall be retroactive to October 12, 2009.
61 Pa.C.S. § 4508 — PA Code / Title 61 / Chapter 45 / Section 4508
Written guidelines and regulations.
Status: in_force

The department, upon consultation with the board, shall develop written interim guidelines to assist in the implementation of the provisions of this chapter. The interim guidelines shall not be subject to the requirements of the act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act, and shall be effective for a period of two years after publication in the Pennsylvania Bulletin. The interim guidelines shall be replaced by regulations promulgated by the department consistent with the Regulatory Review Act on or before the date of expiration of the interim guidelines.
61 Pa.C.S. § 3121 — PA Code / Title 61 / Chapter 31 / Section 3121
Inmates to be employed.
Status: in_force

The Chief Administrators at any correctional institution established by the Commonwealth may employ inmates under their control for and on behalf of the Commonwealth, any county, city, borough or township or for any public institution owned, managed and controlled by the Commonwealth.
61 Pa.C.S. § 1792 — PA Code / Title 61 / Chapter 17 / Section 1792
Nature of inmate employment.
Status: in_force

A joint industrial farm and workhouse shall employ the inmates committed or transferred thereto in work on or about the buildings and farm and in growing produce, raising stock, etc., for supplies for its own use, the use of the several city

and county or county correctional institutions in the district, any political division thereof or any public or charitable institution owned or managed and directed by the counties constituting the district or any political division thereof. Inmates may also be employed in the preparation of road material, in making brick, tile and concrete or other road building material and in the manufacture of other products and materials as may be found practicable for the use of any of the counties constituting the district and for the proper and healthful employment of the inmates.
61 Pa.C.S. § 6182 — PA Code / Title 61 / Chapter 61 / Section 6182
Supervisory relationship to offenders.
Status: in_force

(a) General rule.--Agents are in a supervisory relationship with department-supervised offenders. The purpose of supervision is to assist department-supervised offenders in their rehabilitation and reassimilation into the community and to protect the public. Supervision practices shall reflect the balance of enforcement of the conditions of supervision and case management techniques to maximize successful parole completion through effective reentry to society.

(b) Searches and seizures authorized.--

(1) Agents may search the person and property of department-supervised offenders in accordance with the provisions of this section.

(2) Nothing in this section shall be construed to permit searches or seizures in violation of the Constitution of the United States or section 8 of Article I of the Constitution of Pennsylvania.

(c) Effect of violation.--No violation of this section shall constitute an independent ground for suppression of evidence in any probation, parole or criminal proceeding.

(d) Grounds for personal search of a department-supervised offender.--

(1) A personal search of an offender may be conducted by an agent:

(i) if there is a reasonable suspicion to believe that the department-supervised offender possesses contraband or other evidence of violations of the conditions of supervision;

(ii) when a department-supervised offender is transported or taken into custody; or

(iii) upon a department-supervised offender entering or leaving the secure enclosure of a correctional institution, jail or detention facility.

(2) A property search may be conducted by an agent if there is reasonable suspicion to believe that the real or other property in the possession of or under the control of the department-supervised offender contains contraband or other evidence of violations of the conditions of supervision.

(3) The department-supervised offender may be detained if the department-supervised offender is present during a property search. If the department-supervised offender is not present during a property search, the agent in charge of the search shall make a reasonable effort to provide the department-supervised offender with notice of the search, including a list of the items seized, after the search is completed.

(4) The existence of reasonable suspicion to search shall be determined in accordance with constitutional search and seizure provisions as applied by judicial decision. In accordance with such case law, the following factors, where applicable, may be taken into account:

(i) The observations of agents.

(ii) Information provided by others.

(iii) The activities of the department-supervised offender.

(iv) Information provided by the department-supervised offender.

(v) The experience of agents with the department-supervised offender.

(vi) The experience of agents in similar circumstances.

(vii) The prior criminal and supervisory history of the department-supervised offender.

(viii) The need to verify compliance with the conditions of supervision.

(e) Nonresident department-supervised offenders.--No agent shall conduct a personal or property search of a department-supervised offender who is residing in a foreign state except for the limited purposes permitted under the Interstate Compact for the Supervision of Offenders and

Probationers. The department-supervised offender is held accountable to the rules of both the sending state and the receiving state. Any personal or property search of a department-supervised offender residing in another state shall be conducted by an agent of the receiving state.

(f) When authority is effective.--The authority granted to agents under this section shall be effective upon enactment of this section, without the necessity of any further regulation by the department.
61 Pa.C.S. § 3301 — PA Code / Title 61 / Chapter 33 / Section 3301
Short title of chapter.
Status: in_force

This chapter shall be known and may be cited as the Correctional Institution Medical Services Act.
61 Pa.C.S. § 6133 — PA Code / Title 61 / Chapter 61 / Section 6133
Probation services (Repealed).
Status: repealed

2021 Repeal. Section 6133 was repealed June 30, 2021, P.L.260, No.59, effective immediately.
61 Pa.C.S. § 5001 — PA Code / Title 61 / Chapter 50 / Section 5001
Definitions.
Status: in_force

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:

"Board." The Pennsylvania Parole Board.

"Chairman." The chairman of the Pennsylvania Parole Board.

"Community corrections center." A residential program that is supervised and operated by the department in accordance with this chapter.

"Community corrections facility." A residential facility operated by a private contractor that:

(1) houses offenders pursuant to a contract with the department; and

(2) is operated in accordance with this chapter. (June 30, 2021, P.L.260, No.59, eff. imd.)
61 Pa.C.S. § 102 — PA Code / Title 61 / Chapter 1 / Section 102
Definitions.
Status: in_force

The following words and phrases when used in this title shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Board." The Pennsylvania Parole Board.

"Chief administrator." The warden, superintendent or other officer in charge of a correctional institution.

"City department." The department of human services of a city of the first class, or such other agency of a city of the first class as shall be determined by a mayor of the city.

"Commission." The Pennsylvania Commission on Sentencing.

"Correctional institution." A State correctional institution or a county correctional institution.

"Corrections officer." A person employed at a correctional institution to provide any security or custodial service for inmates.

"County correctional institution." A correctional facility, prison or jail owned or operated by a county.

"Department." The Department of Corrections of the Commonwealth.

"Inmate." A person committed to a term of imprisonment or otherwise confined under the custody of the Commonwealth or a county in a correctional institution in accordance with law.

"Offender." An individual that has been convicted or found guilty of a criminal offense by a judge or jury or an individual that pleads guilty or nolo contendere to a criminal offense at any time in a court of record or before a magisterial district

justice under section 6138(a)(1.1) (relating to violation of terms of parole).

"Parole violator center." An area within the secure perimeter or on the grounds of a State correctional institution or any contracted facility or contracted county jail that has been designated to house offenders detained or recommitted by the board for a technical parole violation.

"Prescribed programming." An individualized treatment plan that is part of the correctional plan jointly developed by the department and the board following a diagnostic evaluation and risk and needs assessment that includes a structured set of evidence-based treatment curriculums designed to reduce the risk of reoffense by an offender.

"Secretary." The Secretary of Corrections of the Commonwealth.

"State correctional institution." A correctional facility, prison or jail owned or operated by the Commonwealth. (Oct. 27, 2010, P.L.931, No.95, eff. imd.; June 30, 2021, P.L.260, No.59, eff. imd.) 2021 Amendment. Act 59 amended the def. of "board" and added the defs. of "offender" and "parole violator center." 2010 Amendment. Act 95 added the def. of "prescribed programming." References in Text. Section 28 of Act 207 of 2004 provided that a statutory reference to a district justice, referred to in the def. of "offender," shall be deemed a reference to a magisterial district judge. Cross References. Section 102 is referred to in section 9777 of Title 42 (Judiciary and Judicial Procedure).
61 Pa.C.S. § 1794 — PA Code / Title 61 / Chapter 17 / Section 1794
Financial reporting.
Status: in_force

A detailed statement of the receipts and expenditures by any county constituting a part of the district for a joint industrial farm and workhouse erected under the provisions of this subchapter shall be published by the county commissioners of each county or by the controller in the county. Where the report is published by the controller, it shall be included in the annual statement of the fiscal affairs of the county.
61 Pa.C.S. § 3102 — PA Code / Title 61 / Chapter 31 / Section 3102
Disposition of proceeds of labor.
Status: in_force

All moneys received under the provisions of this subchapter for labor done within county correctional institutions or the products of such labor sold shall be credited on account of the receipts and expenditures paid to and for the maintenance of the respective correctional institutions. (Oct. 27, 2010, P.L.931, No.95, eff. imd.)
61 Pa.C.S. § 1798 — PA Code / Title 61 / Chapter 17 / Section 1798
Nonapplicability.
Status: in_force

This subchapter does not apply to cities and counties of the first class.
61 Pa.C.S. § 1734 — PA Code / Title 61 / Chapter 17 / Section 1734
Powers of peace officers.
Status: in_force

A chief administrator, deputy warden or corrections officer of a county correctional institution may exercise the powers of a peace officer in the performance of that person's duties generally in:

(1) Guarding, protecting and delivering inmates.

(2) Protecting the property and interests of the county.

(3) Capturing and returning inmates that may have escaped.
61 Pa.C.S. § 5910 — PA Code / Title 61 / Chapter 59 / Section 5910
Feminine hygiene and incontinence products.
Status: in_force

(a) Issuance of feminine hygiene products relating to menstruation.--A supply of feminine hygiene products shall be provided to all incarcerated individuals and detainees who are menstruating in a correctional institution each month at no cost to the incarcerated individuals and detainees, regardless of financial means. Incarcerated individuals and detainees shall not be required to show proof of need or to undergo a medical examination or obtain a medical permit, authorization or diagnosis to receive the products under subsection (b).

(b) Feminine hygiene products provided.--A choice of at least two sizes or absorbencies of sanitary pads shall be distributed to all incarcerated individuals and detainees who are menstruating in a correctional institution or if requested from medical staff.

(c) Feminine hygiene products to be requested.--A choice of at least two sizes of tampons shall be distributed to incarcerated individuals and detainees who request a tampon from medical staff.

(d) Issuance of feminine hygiene products relating to bladder control and incontinence.--A supply of products for bladder control and incontinence shall be provided to incarcerated individuals and detainees, including geriatric incarcerated individuals and postpartum incarcerated

individuals, who require such products each month at no cost to incarcerated individuals and detainees, regardless of financial means.

(e) Bladder control and incontinence products distribution.--Adult diapers or protective undergarments shall be distributed to incarcerated individuals who require them.

(f) Rules and regulations.--The correctional institution shall promulgate rules necessary to implement and enforce the provisions of this section.

(g) Definition.--As used in this section, the term "feminine hygiene products" means products that women use during menstruation. The term includes tampons and sanitary napkins. (Dec. 14, 2023, P.L.396, No.47, eff. 180 days) 2023 Amendment. Act 47 added section 5910.
61 Pa.C.S. § 4102 — PA Code / Title 61 / Chapter 41 / Section 4102
Findings and purpose.
Status: in_force

The General Assembly finds as follows:

(1) Many crimes are committed by persons who, because of their addiction to drugs or alcohol, are unable to maintain gainful employment.

(2) These persons often commit crimes as a means of obtaining the funds necessary to purchase drugs or alcohol.

(3) Many persons commit crimes while under the influence of drugs or alcohol even though they are not addicted to such substances in a clinical sense.

(4) Punishing persons who commit crimes is an important aspect of recognizing the harm that criminals visit upon their victims.

(5) Many people who commit crimes will be able to become law-abiding, contributing members of society if they are able to obtain treatment for their drug or alcohol addiction or abuse.

(6) The purpose of this chapter is to create a program that punishes persons who commit crimes, but also provides treatment that offers the opportunity for those persons to address their drug or alcohol addiction or abuse and thereby reduce the incidents of recidivism and enhance public safety.
61 Pa.C.S. § 3901 — PA Code / Title 61 / Chapter 39 / Section 3901
Scope of chapter.
Status: in_force

This chapter authorizes motivational boot camps.
61 Pa.C.S. § 3105 — PA Code / Title 61 / Chapter 31 / Section 3105
Inmate labor in counties of the first class.
Status: in_force

(a) General rule.--The board of inspectors of a county correctional institution of a county of the first class may establish, from time to time, a scale of wages that shall not be less than 10¢ per day and may pay, and the inmates may receive compensation for their work, according to such scale.

(b) Inmate account.--

(1) Except as otherwise provided in paragraph (2), the earnings of each inmate shall be credited to his account and disbursements made on approval of the chief administrator of the institution and the written order of the inmate.

(2) When an inmate is committed for nonsupport, the court which sentenced the inmate shall order payment of his earnings, and, in the case of other inmates, the court which sentenced the inmate may order payments from his earnings to be paid to his dependents.

(3) At time of release or discharge, the inmate shall receive all moneys remaining in his account and give receipt for the same.
61 Pa.C.S. § 1175 — PA Code / Title 61 / Chapter 11 / Section 1175
Credit for redispensing.
Status: in_force

The vendor pharmacy to which drug products are returned shall credit the correctional facility for the unused drugs that are permitted to be restocked for redispensing at a rate determined by the vendor pharmacy and the correctional facility.
61 Pa.C.S. § 3307 — PA Code / Title 61 / Chapter 33 / Section 3307
Applicability.
Status: in_force

The department shall collect fees for medical services provided to an inmate after the effective date of the program regulations as published in the Pennsylvania Bulletin.
61 Pa.C.S. § 6136 — PA Code / Title 61 / Chapter 61 / Section 6136
Right of access to offenders.
Status: in_force

All prison officials shall:

(1) At all reasonable times grant access to any offender whom the board has power to parole to the members of the board or its properly accredited representatives.

(2) At all reasonable times provide for the board or its properly accredited representative facilities for communicating with and observing an offender while imprisoned. Such facilities may, at the discretion of the prison officials, be provided via videoconferencing or similar virtual presence technology.

(3) Furnish to the board, no fewer than 90 days prior to a scheduled parole interview or if an interview is scheduled to be held within less than 90 days, as quickly as possible after such public officials are informed of such interview, reports concerning the conduct of offenders in their custody together with any other facts deemed pertinent in aiding the board to determine whether such offenders shall be paroled. (June 30, 2021, P.L.260, No.59, eff. imd.)
61 Pa.C.S. § 6171 — PA Code / Title 61 / Chapter 61 / Section 6171
Powers and duties of department.
Status: in_force

(a) Powers and duties.--The department shall have the following powers and duties:

(1) To first and foremost seek to protect the safety of the public, to supervise any offender released on parole by order of the board and to arrest, to detain in a department facility and to report to the board for a determination whether to revoke parole and recommit an offender who fails to comply with the conditions of supervision, including, but not limited to, the alleged commission of a new crime.

(2) To enforce the conditions of supervision established by the board as well as the power to impose and enforce additional conditions of supervision on an offender and the power to, with the consent of the board, amend or terminate mandatory conditions of suspension established by the board. Conditions not designated as mandatory by the board do not require consent of the board.

(3) The imposition, modification or termination of a condition of supervision must be based on the risk presented by and the rehabilitative needs of the offender and the impact the termination or modification will have on public safety.

(4) To supervise any offender placed on parole, when sentenced to a maximum period of less than two years, by any judge of a court having criminal jurisdiction, when the court may by special order direct supervision by the department, in which case the parole case shall be known as a special case and the authority of the department with regard thereto shall be the same as provided in this chapter with regard to parole cases within one of the classifications set forth in this chapter.

(5) To furnish to the board no fewer than 90 days prior to a scheduled parole interview, or if such interview is

scheduled to be held within fewer than 90 days, as quickly as possible after the department is informed of such interview, reports concerning the conduct of offenders under the department's supervision or in its custody together with any other facts deemed pertinent in aiding the board to determine whether such offenders shall be paroled.

(6) To pay the costs of preparole drug screening tests for offenders subject to the parole release jurisdiction of the board. The department shall establish rules and regulations for the payment of these costs and may limit the types and costs of these screening tests that would be subject to payment by the department.

(7) To determine when an offender, subject to random drug screening tests as a condition of supervision, shall be tested. The offender undergoing the tests shall be responsible for the costs of the tests. The money collected for the tests shall be applied against the contract for such testing.

(8) To supervise and make presentence investigations and reports as provided by law.

(9) To collect and maintain copies of all presentence investigations and reports.

(10) To collect, compile and publish statistical and other information relating to probation and parole work in all courts and such other information the department may deem of value in probation service.

(11) To establish, by regulation, uniform Statewide standards for:

(i) Presentence investigations.

(ii) The supervision of probationers.

(iii) The qualifications for probation personnel.

(iv) Minimum salaries.

(v) Quality of probation service.

(vi) The standards for the qualifications of probation personnel shall only apply to probation personnel appointed after the date the standards are established. Should any probation personnel appointed prior to the date the standards were established fail to meet the standards, the court having jurisdiction of such personnel may request the department to establish in-service training for them in accordance with the standards.

(12) To adopt regulations establishing criteria for department acceptance of cases for supervision and presentence investigations from counties that on December 31, 1985, maintained adult probation offices and parole systems.

(13) To enter into contracts for purchasing community services to assist parolees, supplement existing programs and provide for the continuous electronic monitoring of offenders.

(14) To establish and provide for intensive supervision units and day reporting centers for the supervision of offenders.

(15) To provide information as required under 42 Pa.C.S. § 2153(a)(14) (relating to powers and duties of commission) as requested by the commission.

(16) To incorporate evidence-based practices into the supervision of offenders.

(17) To coordinate the reentry of offenders into the community using evidence-based practices that are effective in reducing recidivism.

(18) To conduct research to identify, to be informed of and to apply recognized evidence-based parole supervision practices that promote public safety and reduce recidivism.

(19) To conduct outcome and performance analyses on implemented department programs and practices to enhance public safety through reduced recidivism.

(20) To administer administrative parole.

(21) To adopt regulations establishing specific composition, functions and responsibilities for citizens advisory committees and to receive reports, recommendations or other input concerning parole policies and parole-related concerns from the committees on a regular basis.

(22) Designate community corrections centers or community corrections facilities where parolees are to be housed.

(23) Determine whether parolees are to be housed in a secured or unsecured portion of a community corrections center or community corrections facility.

(b) Administrative parole.--

(1) An eligible offender shall be placed on administrative parole one year after release on parole and until the maximum sentence date if the department's supervision staff determines that there is no substantial information indicating dangerousness or that placement on administrative parole would compromise public safety or that continued supervision would otherwise benefit the offender and:

(i) the eligible offender has not violated the terms and conditions of the eligible offender's parole; or

(ii) the eligible offender has not been subject to the extensive use of sanctions prior to the completion of one year from the date of release on parole.

(2) An eligible offender placed on administrative parole shall continue to be subject to recommitment at the board's discretion and shall be subject to the board's power to recommit and reparole, recommit and review or otherwise impose sanctions at its discretion until the eligible offender's maximum sentence date.

(3) An eligible offender placed on administrative parole shall do all of the following:

(i) Make supervision contact at least one time per year.

(ii) Provide updated contact information upon a change in residence or employment.

(iii) Continue to pay any restitution owed.

(iv) Comply with other requirements imposed by the department.

(c) Exception.--Except in special cases, the powers and duties conferred under this section shall not extend to offenders confined in a county correctional facility under 42 Pa.C.S. § 9762 (relating to sentencing proceeding; place of confinement).

(d) Notice to parolees of intercepted communications.--Upon being granted parole, an offender shall be provided written notice that any communication made in the presence of an agent may be intercepted by an agent using an electronic, mechanical or other device which has been approved under 18 Pa.C.S. § 5706(b)(4) (relating to exceptions to prohibitions in possession, sale, distribution, manufacture or advertisement of electronic, mechanical or other devices). (Nov. 24, 2025, P.L.326, No.53, eff. 60 days)

2025 Amendment. Act 53 added subsec. (d). See section 8 of Act 53 in the appendix to this title for special provisions relating to allocation of money. Cross References. Section 6171 is referred to in section 6132 of this title.
61 Pa.C.S. § 6175 — PA Code / Title 61 / Chapter 61 / Section 6175
Investigations for the Board of Pardons.
Status: in_force

The department shall make an investigation for the Board of Pardons in cases coming before it and upon its request. The investigation shall include all information set forth under section 6135 (relating to investigation of circumstances of offense), including a risk assessment if the applicant is incarcerated.
61 Pa.C.S. § 5911 — PA Code / Title 61 / Chapter 59 / Section 5911
Postpartum recovery.
Status: in_force

(a) Restraints during postpartum recovery.--No restraints shall be used on any incarcerated individual or detainee who has given birth within the last 30 days and is in postpartum recovery, unless the department has a reasonable belief that the incarcerated individual or detainee will harm themselves, their newborn or another individual or pose a substantial risk of imminent flight. If restraints are used, the facility employee ordering the use of restraints on an incarcerated individual or detainee while in postpartum recovery shall submit a written report to the chief administrator of the facility within 72 hours following the use of the restraints, containing the justification for restraining the incarcerated individual or detainee during postpartum recovery. The report shall also be sent to the department.

(b) Postdelivery bonding period.--Following the delivery of a newborn and subject to hospital policies, including length of stay, the department shall permit the child to remain with the mother at the hospital for up to 72 hours unless there is a reasonable belief that the child remaining with the mother presents a health or safety risk to the child.

(c) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Postpartum." The eight-week period, or longer as determined by the health care professional responsible for the health and safety of the incarcerated individual or detainee, following childbirth.

"Substantial risk of imminent flight." A showing of real and considerable risk of escaping by the incarcerated individual. (Dec. 14, 2023, P.L.396, No.47, eff. 180 days; Oct. 29, 2024, P.L.1037, No.114, eff. imd.) 2024 Amendment. Act 114 amended subsecs. (a) and (b). Section 8 of Act 114 provided that, with the exception of the amendment or addition of 61 Pa.C.S. § 1731(a)(2.1) and (b), Act 114 shall apply retroactively to June 11, 2024. 2023 Amendment. Act 47 added section 5911.
61 Pa.C.S. § 6124 — PA Code / Title 61 / Chapter 61 / Section 6124
Certain offenders residing in group-based homes (Repealed).
Status: repealed

2021 Repeal. Section 6124 was repealed June 30, 2021, P.L.260, No.59, effective immediately.
61 Pa.C.S. § 3909 — PA Code / Title 61 / Chapter 39 / Section 3909
Evaluation.
Status: in_force

The department and the commission shall monitor and evaluate the motivational boot camp program to ensure that the programmatic objectives are met. (Oct. 27, 2010, P.L.931, No.95, eff. imd.) 2010 Amendment. Act 95 added section 3909.
61 Pa.C.S. § 4504 — PA Code / Title 61 / Chapter 45 / Section 4504
Recidivism risk reduction incentive programs.
Status: in_force

(a) Authorization.--Subject to the provisions of this chapter, the department may create or otherwise designate treatment or other programs as recidivism risk reduction incentive programs.

(b) Intent.--This chapter is intended to encourage eligible offenders committed to the custody of the department to participate in and successfully complete evidence-based programs under this chapter that reduce the likelihood of recidivism and improve public safety.

(c) Program requirements.--In accordance with the provisions of this chapter, the department may designate a treatment program or other program as a recidivism risk reduction incentive program if there is appropriate scientific research that demonstrates that the proposed program would likely reduce overall recidivism rates or serious crime rates of program participants. A recidivism risk reduction incentive program designed to provide treatment in the form of a therapeutic community for drug abuse or addiction shall meet the requirements of an institutional therapeutic community as defined under section 4103 (relating to definitions).

(d) Consultation.--The department shall consult with appropriate research and technical assistance organizations, such as the National Institute of Justice, the National Institute of Corrections and the American Correctional Association concerning evidence-based programs that reduce recidivism risks of inmates and the scientific research relating to those programs.

(e) Program approval process.--

(1) The department shall publish, in a manner reasonably calculated to inform, a detailed description of the program, the types of inmates who will be eligible to participate in the program, the name and citation of research reports that demonstrate the effectiveness of the proposed program and the name and address of a department contact person responsible for receiving public comments. On the same date as publication, the department shall also deliver a copy of the list to the Judiciary Committee of the Senate, the

Judiciary Committee of the House of Representatives, the board, the commission and the victim advocate.

(2) Upon consideration of the public comments and the expiration of at least 60 days from the date of publication required under paragraph (1), the department may designate any program published as approved for inclusion in the recidivism risk reduction incentive program.
61 Pa.C.S. § 1781 — PA Code / Title 61 / Chapter 17 / Section 1781
Establishment by counties.
Status: in_force

The county commissioners of any two or more counties may join in establishing a joint industrial farm and workhouse for the confinement of:

(1) Persons sentenced by the courts of those counties, after conviction, of any misdemeanor or felony, except murder, voluntary manslaughter, rape and arson.

(2) Persons who are in default of payment of any fine or penalty, or for nonpayment of costs, or for default in complying with any order of court entered in any prosecution for desertion or nonsupport, or for the violation of any municipal ordinance.
61 Pa.C.S. § 1764 — PA Code / Title 61 / Chapter 17 / Section 1764
Construction contracts.
Status: in_force

Joint detention facilities shall be constructed by contract or contracts let by the county commissioners of the counties to the lowest responsible and best bidder after due advertisement in at least one newspaper, published in each of the counties joining in the erection of the joint detention facilities, once a week for two consecutive weeks. When so constructed, the joint detention facilities shall be equipped by the county commissioners of the counties at the cost of the counties in the same manner as other county buildings are equipped.
61 Pa.C.S. § 6134.1 — PA Code / Title 61 / Chapter 61 / Section 6134.1
General criteria for parole by court.
Status: in_force

(a) Guidelines.--The court may parole or reparole subject to consideration of guidelines established under 42 Pa.C.S. § 2154.5 (relating to adoption of guidelines for parole).

(b) Report of decision to commission.--If a court paroles or reparoles an offender, the court shall report the parole or reparole decision and shall provide a contemporaneous written statement for any deviation from the guidelines established under 42 Pa.C.S. § 2154.5, to the commission under 42 Pa.C.S. § 2153(a)(14) (relating to powers and duties).

(c) Procedure.--

(1) Prior to making a decision to parole an offender committed to county confinement within the jurisdiction of the court pursuant to 42 Pa.C.S. § 9762 (relating to sentencing proceeding; place of confinement) from a sentence of imprisonment imposed following conviction for a personal injury crime, each victim who has registered to receive victim services in connection with the personal injury crime shall be given an opportunity by the court to submit a preparole statement to the court expressing concerns or recommendations regarding the parole or parole supervision of the offender.

(2) The district attorney shall, immediately following sentence in cases where a sentence of confinement has been imposed and the sentenced offender remains within the jurisdiction of the court pursuant to 42 Pa.C.S. § 9762, notify all registered victims that they shall have the opportunity to submit a preparole statement to the court.

(3) Victims shall notify the court of their intention to submit a preparole statement and shall provide and keep current an appropriate mailing address.

(4) Preparole statements submitted pursuant to this subsection shall be subject to the confidentiality provisions contained in section 6140 (relating to victim statements, testimony and participation in hearing) applicable to preparole statements submitted to the board and shall be considered by the court prior to any parole decision, and each victim submitting a preparole statement shall be given notice of the court's parole decision.

(d) Definitions.--(Deleted by amendment). (July 5, 2012, P.L.1050, No.122, eff. imd.; June 30, 2021, P.L.260, No.59, eff. imd.)
61 Pa.C.S. § 4103 — PA Code / Title 61 / Chapter 41 / Section 4103
Definitions.
Status: in_force

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:

"Commission." The Pennsylvania Commission on Sentencing.

"Community-based therapeutic community." A long-term residential addiction treatment program licensed by the Department of Health to provide addiction treatment services using a therapeutic community model and determined by the Department of Corrections to be qualified to provide addiction treatment to eligible offenders.

"Community corrections center." A residential program that is supervised and operated by the Department of Corrections in accordance with Chapter 50 (relating to community corrections centers and community corrections facilities).

"Court." The trial judge exercising sentencing jurisdiction over an eligible offender under this chapter or the president judge if the original trial judge is no longer serving as a judge of the sentencing court.

"Defendant." An individual charged with a drug-related offense, including an individual convicted of violating section 13(a)(14), (30) or (37) of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, where the sentence was imposed pursuant to 18 Pa.C.S. § 7508(a)(1)(i), (2)(i), (3)(i), (4)(i) or (7)(i) (relating to drug trafficking sentencing and penalties).

"Department." The Department of Corrections of the Commonwealth.

"Drug offender treatment program." An individualized treatment program established by the Department of Corrections consisting primarily of drug and alcohol addiction treatment that satisfies the terms and conditions listed in section 4105 (relating to drug offender treatment program).

"Drug trafficking." A violation of section 13(a)(14), (30) or (37) of the act of April 14, 1972 (P.L.233, No.64), known

as The Controlled Substance, Drug, Device and Cosmetic Act, where the controlled substance is:

(1) Marijuana, if the amount of marijuana involved is at least 50 pounds or at least 51 live plants.

(2) A narcotic drug classified in Schedule I or Schedule II under section 3 or 4 of The Controlled Substance, Drug, Device and Cosmetic Act, if the aggregate weight of the compound or mixture containing the substance involved is at least 100 grams.

(3) Any of the following, if the aggregate weight of the compound or mixture of the substance involved is at least 100 grams:

(i) Coca leaves.

(ii) A salt, compound, derivative or preparation of coca leaves.

(iii) A salt, compound, derivative or preparation which is chemically equivalent or identical with any of the substances under subparagraphs (i) and (ii).

(iv) A mixture containing any of the substances under subparagraphs (i) and (ii), except decocainized coca leaves or extracts of coca leaves which do not contain cocaine or ecgonine.

(4) Any of the following, if the aggregate weight of the compound or mixture of the substance involved is at least 100 grams:

(i) Methamphetamine.

(ii) Phencyclidine.

(iii) A salt, isomer or salt of an isomer of methamphetamine or phencyclidine.

(iv) A mixture containing:

(A) Methamphetamine or phencyclidine.

(B) A salt of methamphetamine or phencyclidine.

(C) An isomer of methamphetamine or phencyclidine.

(D) A salt of an isomer of methamphetamine or phencyclidine.

(5) Heroin or a mixture containing heroin, if the aggregate weight of the compound or mixture containing the heroin is 50 grams or greater.

(6) A mixture containing 3, 4-methylenedioxyamphetamine (MDA); 3, 4-methylenedioxymethamphetamine (MDMA); 5-methoxy-3, 4-methylenedioxyamphetamine (MMDA); 3, 4-methylenedioxy-N-ethylamphetamine; or N-hydroxy-3, 4-methylenedioxyamphetamine when the aggregate weight of the compound or mixture containing the substance involved is at least 1,000 tablets, capsules, caplets or other dosage units, or 300 grams.

(7) Fentanyl or a mixture containing Fentanyl, if the aggregate weight of the compound or mixture containing the Fentanyl is 10 grams or more.

(8) Carfentanil or a mixture containing carfentanil, if the aggregate weight of the compound or mixture containing the carfentanil is one gram or more.

"Drug-related offense." A criminal offense for which a defendant is convicted and that the court determines was motivated by the defendant's consumption of or addiction to alcohol or a controlled substance, counterfeit, designer drug, drug, immediate precursor or marijuana, as those terms are defined in the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act.

"Eligible person."

(1) A person who has not been designated by the sentencing court as ineligible and is a person convicted of a drug-related offense who:

(i) Has undergone an assessment performed by the Department of Corrections, which assessment has concluded that the person is in need of drug and alcohol addiction treatment and would benefit from commitment to the State drug treatment program and that placement in the State drug treatment program would be appropriate.

(ii) Does not demonstrate a history of present or past violent behavior.

(iii) Is a person sentenced to a term of confinement under the jurisdiction of the department, the minimum of which is not more than two years, or a person who is serving a term of confinement, the minimum of which is not more than five years where the person is within two years of completing the person's minimum term.

(iv) Provides written consent permitting release of information pertaining to the person's participation in the State drug treatment program.

(2) The term shall not include a person who is subject to a sentence the calculation of which includes an enhancement for the use of a deadly weapon, as defined pursuant to law or the sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing, a person who has been convicted or adjudicated delinquent of any crime listed under 42 Pa.C.S. Ch. 97 Subch. H (relating to registration of sexual offenders) or I (relating to continued registration of sexual offenders) or a person with a current conviction or a prior conviction within the past ten years for 18 Pa.C.S. § 2502 (relating to murder), drug trafficking as defined in this section or a crime of violence as defined in 42 Pa.C.S. § 9714(g) (relating to sentences for second or subsequent offenses) or criminal attempt, criminal solicitation or criminal conspiracy to commit any of these offenses.

(3) (Deleted by amendment).

(4) (Deleted by amendment).

"Expulsion." The permanent removal of a participant from a drug offender treatment program.

"Group home." A residential program that is contracted out by the Department of Corrections to a private service provider for inmates who are on parole.

"Individualized drug offender treatment plan." An individualized addiction treatment plan within the framework of the drug offender treatment program.

"Institutional therapeutic community." A residential drug treatment program in a State correctional institution, accredited as a therapeutic community for treatment of drug and alcohol abuse and addiction by the American Correctional Association or other nationally recognized accreditation organization for therapeutic community drug and alcohol addiction treatment.

"Outpatient addiction treatment facility." An addiction treatment facility licensed by the Department of Health and designated by the Department of Corrections as qualified to provide addiction treatment to criminal justice offenders.

"Participant." An eligible person placed in the State drug treatment program.

"Transitional residence." A residence investigated and approved by the Department of Corrections as appropriate for housing a participant in a drug offender treatment program.

(July 5, 2012, P.L.1050, No.122, eff. July 1, 2013; Dec. 18, 2019, P.L.776, No.115, eff. 60 days) 2019 Amendment. Act 115 amended the defs. of "eligible person" and "participant" and added the def. of "drug trafficking." 2012 Amendment. Act 122 amended the defs. of "community corrections center," "defendant," "eligible offender" and "group home." Cross References. Section 4103 is referred to in sections 3903, 4503, 4504, 6137.1 of this title.
61 Pa.C.S. § 4105 — PA Code / Title 61 / Chapter 41 / Section 4105
State drug treatment program.
Status: in_force

(a) Establishment.--The department shall establish and administer the State drug treatment program. The program shall be designed to address the individually assessed drug and alcohol abuse and addiction needs of a participant and shall address other issues essential to the participant's successful reintegration into the community, including, but not limited to, educational and employment issues.

(b) Duration and components.--Notwithstanding any credit to which the defendant may be entitled under 42 Pa.C.S. § 9760 (relating to credit for time served), the duration of the State drug treatment program is 24 months, but if the participant is unable to complete the program within 24 months and is otherwise compliant with the program, subject to the discretion of the department, the program duration may be extended up to 30 months total in order for the participant to successfully complete the program. The program shall include the following:

(1) A period in a State correctional institution of not less than seven months. This period shall include:

(i) The time during which the eligible person is being evaluated by the department under section 4104(b) (relating to selection for the State drug treatment program).

(ii) Following evaluation under subparagraph (i), not less than four months shall be in an institutional therapeutic community.

(2) A period of treatment in a community-based therapeutic community of at least two months.

(3) A period of at least six-months' treatment through an outpatient addiction treatment facility. During the outpatient addiction treatment period of the program, the participant may be housed in a community corrections center or group home or placed in an approved transitional

residence. The participant must comply with any conditions established by the department regardless of where the participant resides during the outpatient addiction treatment portion of the program.

(4) A period of supervised reintegration into the community for the balance of the program, during which the participant shall continue to be supervised by the department and comply with any conditions imposed by the department.

(5) Upon certification by the department of the participant's successful completion of the program, the entire term of confinement that rendered the participant eligible to participate in the State drug treatment program shall be deemed to have been served.

(c) Program management.--

(1) Consistent with the minimum time requirements set forth in subsection (b), the department may transfer, at its discretion, a participant between a State correctional institution, an institutional therapeutic community, a community-based therapeutic community, an outpatient addiction treatment program and an approved transitional residence. The department may also transfer a participant back and forth between less restrictive and more restrictive settings based upon the participant's progress or regression in treatment or for medical, disciplinary or other administrative reasons.

(2) This subsection shall be construed to provide the department with the maximum flexibility to administer the State drug treatment program both as a whole and for individual participants.

(d) Right of refusal to admit.--The administrator of a community-based therapeutic community or outpatient addiction treatment facility may refuse to accept a participant whom the administrator deems to be inappropriate for admission and may immediately discharge to the custody of the department any participant who fails to comply with facility rules and treatment expectations or refuses to constructively engage in the treatment process.

(e) Notice to court of completion of program.--When the department determines that a participant has successfully completed the State drug treatment program, it shall notify the sentencing court, the attorney for the Commonwealth and the commission.

(f) Expulsion from program.--

(1) A participant may be expelled from the State drug treatment program at any time in accordance with guidelines established by the department, including failure to comply with administrative or disciplinary procedures or requirements set forth by the department. An expelled participant shall be housed in a State correctional institution to serve the remainder of the participant's sentence. The expelled participant shall be eligible for parole at the minimum sentence but may not be eligible for short sentence parole under section 6137.1 (relating to short sentence parole).

(1.1) 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," shall have the authority to issue a warrant for the return of a

participant who is not in compliance with the terms of the drug offender treatment program to the custody of the department.

(2) The department shall promptly notify the court, the participant, the attorney for the Commonwealth and the commission of the expulsion of a participant from the State drug treatment program and the reason for such expulsion.

(3) (Deleted by amendment). (Dec. 18, 2019, P.L.776, No.115, eff. 60 days) Cross References. Section 4105 is referred to in sections 4103, 4104 of this title.
61 Pa.C.S. § 6117 — PA Code / Title 61 / Chapter 61 / Section 6117
Official seal.
Status: in_force

The board shall adopt an official seal by which its acts and proceedings shall be authenticated and of which the courts shall take judicial notice. The certificate of the chairperson of the board, under the seal of the board and attested by the secretary, shall be accepted in evidence in any judicial proceeding in any court of this Commonwealth as adequate and sufficient proof of the acts and proceedings of the board referenced in the certificate.
61 Pa.C.S. § 3107 — PA Code / Title 61 / Chapter 31 / Section 3107
Sale of inmate-made goods.
Status: in_force

The department may contract to sell or sell the articles manufactured or produced in any correctional institution which cannot be used therein, to the Commonwealth or to any political subdivision thereof, or to any State, municipality or county authority, created by or under any law of this Commonwealth, or to any State correctional institution, or to any educational or charitable institution receiving aid from the Commonwealth, or to the Federal Government or any department, bureau, commission, authority or agency thereof, or to any other state or political subdivision or authority thereof, or to any institution receiving aid from the Federal Government or of any other state.
61 Pa.C.S. § 1172 — PA Code / Title 61 / Chapter 11 / Section 1172
Definitions.
Status: in_force

The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Correctional facility." A correctional institution, group home, community corrections center, parole center or any facility that houses a person convicted of a criminal offense, or awaiting trial, sentencing or extradition in a criminal proceeding. The term does not include any facility or institution operated, supervised or licensed under the act of June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code.

"Designated personnel." Correctional facility employees or employees of a vendor for a correctional facility licensed by the State Board of Medicine, State Board of Osteopathic Medicine, State Board of Nursing or State Board of Pharmacy and authorized by their scope of practice to administer drugs.

"Drug." Any medication prescribed by a licensed practitioner, either patient specific or stock, to a patient in a correctional facility.

"Manufacturer." A company that produces a drug or a Federal Drug Administration certified repacker who packages or repackages a drug product for distribution.

"Manufacturer identifier." A manufacturer's name or product National Drug Code number.

"Unit dose package." An individually sealed package that contains a single dose drug with the drug name, strength, manufacturer identifier, lot number and expiration date of the drug on the package.

"Unit of issue package." A package that includes multiple unit dose packages of the same drug.

"Vendor pharmacy." A licensed pharmacy that packages, repackages or prepares a manufacturer-sealed container, unit dose package or unit of issue package for delivery to a correctional facility. (July 5, 2012, P.L.1050, No.122, eff. July 1, 2013) 2012 Amendment. Act 122 amended the def. of "correctional facility."

References in Text. The short title of the act of June 13, 1967 (P.L.31, No.21), known as the "Public Welfare Code," referred to in the def. of "correctional facility," was amended by the act of December 28, 2015 (P.L.500, No.92). The amended short title is now the Human Services Code.
61 Pa.C.S. § 6142 — PA Code / Title 61 / Chapter 61 / Section 6142
Investigations for the Board of Pardons.
Status: in_force

The board shall make an investigation for the Board of Pardons in cases coming before it and upon its request. The investigation shall include all information set forth under section 6135 (relating to investigation of circumstances of offense), including a risk assessment if the applicant is incarcerated.
61 Pa.C.S. § 7 — PA Code / Title 61 / Chapter 7 / Section 7
Continuation of prior law.
Status: in_force

Except as provided in paragraph (2):

(1) The addition of 42 Pa.C.S. Ch. 63 Subch. G is a continuation of 61 Pa.C.S. Ch. 57. Except as provided in 42 Pa.C.S. Ch. 63 Subch. G, all activities initiated under 61 Pa.C.S. Ch. 57 shall continue and remain in full force and effect and may be completed under 42 Pa.C.S. Ch. 63 Subch. G. Orders, regulations, rules and decisions which were made under 61 Pa.C.S. Ch. 57 and which are in effect on the effective date of this section shall remain in full force and effect until revoked, vacated or modified under 42 Pa.C.S. Ch. 63 Subch. G. Contracts, obligations and

collective bargaining agreements entered into under 61 Pa.C.S. Ch. 57 are not affected nor impaired by the repeal of 61 Pa.C.S. Ch. 57.

(2) Paragraph (1) does not apply to the following:

(i) The definitions of "child," "department," "exclusion" and "seclusion" in 42 Pa.C.S. § 6381.

(ii) 42 Pa.C.S. § 6382.

(iii) 42 Pa.C.S. § 6384(a)(5). Explanatory Note. Act 114 amended, added or repealed
61 Pa.C.S. § 1753 — PA Code / Title 61 / Chapter 17 / Section 1753
Residence of warden.
Status: in_force

In any county where the government of the county prison is vested in a prison board, the prison board may fix the place of residence of the warden of the county prison either in the jail or elsewhere.
61 Pa.C.S. § 1177 — PA Code / Title 61 / Chapter 11 / Section 1177
Unprofessional conduct.
Status: in_force

(1) A pharmacist who is authorized under this subchapter to redispense a drug and who properly relabels and repackages the drug shall not be deemed to have engaged in unprofessional conduct under section 5 of the act of September 27, 1961 (P.L.1700, No.699), known as the Pharmacy Act.

(2) A pharmacist who fails to comply with the provisions of this subchapter may be subject to discipline under the Pharmacy Act.

(3) A pharmacy that fails to comply with the provisions of this subchapter may be subject to discipline under the Pharmacy Act.
61 Pa.C.S. § 5904 — PA Code / Title 61 / Chapter 59 / Section 5904
Assessment and collection of costs.
Status: in_force

(a) Power of department.--When the department determines that there has been a financial loss or cost as a result of a violation of a written rule governing inmate behavior, including, but not limited to, property loss or damage or use of a controlled substance, the department may require the inmate to pay to the department, or to the person whose property has been lost or damaged, the value of the property or the costs incurred in the investigation and administrative review of the behavior.

(b) Procedures.--The department shall develop written procedures relating to the determination, assessment and collection of the costs of losses due to inmate misconduct. When the procedures have been adopted by the department, the provisions of 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) shall not apply to proceedings conducted by the department under this section.

(c) Deduction from inmate's institutional account.--

(1) The department may deduct from an inmate's institutional account the amount of any judgment, court-ordered costs or assessments against the inmate under subsection (a).

(2) Notice of the deduction shall be provided to the inmate by certified mail or personal notice.
61 Pa.C.S. § 6102 — PA Code / Title 61 / Chapter 61 / Section 6102
Operation of parole system generally.
Status: in_force

The parole system shall operate consistently with the following provisions:

(1) The parole system provides several benefits to the criminal justice system, including the provision of adequate supervision of the offender while protecting the public, the

opportunity for the offender to become a useful member of society and the diversion of appropriate offenders from prison.

(2) In providing these benefits to the criminal justice system, the board, the department and any other paroling entity shall first and foremost seek to protect the safety of the public.

(3) In addition to this goal, the board, the department and any other paroling entity shall address input by crime victims, assist in the fair administration of justice by ensuring the custody, control and treatment of paroled offenders, shall consider any applicable guidelines established by the commission and shall ensure that parole proceedings, release and recommitment are administered in an efficient and timely manner. (June 30, 2021, P.L.260, No.59, eff. imd.)
61 Pa.C.S. § 6306 — PA Code / Title 61 / Chapter 63 / Section 6306
Training mandatory.
Status: in_force

Within two years of the establishment of the County Probation Officers' Firearm Education and Training Program and in accordance with the provisions of this chapter, a county shall provide for the training of any officer in its county probation

and parole department who carries a firearm. Following this two-year period, a county shall provide that training and certification requirements of this chapter are met prior to a county probation officer being authorized to carry a firearm.
61 Pa.C.S. § 7101 — PA Code / Title 61 / Chapter 71 / Section 7101
Short title of subchapter.
Status: in_force

This subchapter may be cited as the Interstate Corrections Compact Act.
61 Pa.C.S. § 6137.2 — PA Code / Title 61 / Chapter 61 / Section 6137.2
Reentry supervision.
Status: in_force

(a) General rule.--This section applies to persons committed to the department with an aggregate minimum sentence of total confinement under 42 Pa.C.S. § 9756(b) (relating to sentence of total confinement) of 4 years or more. Regardless of the sentence imposed, this section does not apply to persons sentenced to death, life imprisonment, persons otherwise ineligible for parole or persons subject to 42 Pa.C.S. § 9718.5 (relating to mandatory period of probation for certain sexual offenders).

(b) Reentry supervision.--Any person under subsection (a) shall be sentenced to a period of reentry supervision of 12 months consecutive to and in addition to any other lawful sentence issued by the court.

(c) Parole granted.--Persons who have been granted any period of parole by the parole board during the same period of incarceration shall be deemed to have served the requirements of this section.

(d) Supervision.--A person released to reentry supervision shall be considered to be released on parole.

(e) Imposition.--The court shall impose reentry supervision in addition to the maximum sentence permitted for the offense for which the defendant was convicted.

(f) Applicability.--This section shall only apply to persons sentenced after the effective date of this section. (Dec. 18, 2019, P.L.776, No.115, eff. imd.) 2019 Amendment. Act 115 added section 6137.2.
61 Pa.C.S. § 6172 — PA Code / Title 61 / Chapter 61 / Section 6172
Probation services.
Status: in_force

(a) General rule.--The department shall have exclusive power to supervise any offender placed on probation by any judge of a court having criminal jurisdiction when the court, by special order, consistent with the regulations of the department, directs supervision by the department.

(b) Presentence investigations.--The department shall make presentence investigations when requested to do so by the court in accordance with the regulations of the department.

(c) In-service training.--The department shall provide in-service training for personnel of county probation offices when requested to do so by the court having jurisdiction of the probation office. Cross References. Section 6172 is referred to in section 6140 of this title; section 9718.5 of Title 42 (Judiciary and Judicial Procedure).
61 Pa.C.S. § 1786 — PA Code / Title 61 / Chapter 17 / Section 1786
Meetings.
Status: in_force

(a) General rule.--The advisory board shall meet monthly and at such other times as may be deemed necessary. The board shall visit and inspect and keep in close touch with the management and operation of the joint industrial farm and workhouse and shall, from time to time, make such recommendations and suggestions to the county commissioners for

changes or improvements in the management and operations of the joint industrial farm and workhouse as may be deemed advisable. It shall also make an annual report to the county commissioners concerning the management and operation of the industrial farm and workhouse.

(b) Administrative support.--The county commissioners shall, at the expense of the counties, provide a meeting place for the board and furnish all supplies and materials necessary to carry on its work.

(c) Reimbursement of expenses.--The members of the board shall not receive any compensation for their services but shall be allowed all actual and necessary expenses incurred in the discharge of their duties, which shall be paid by the counties as part of the cost of maintenance of the joint industrial farm and workhouse.
61 Pa.C.S. § 4509 — PA Code / Title 61 / Chapter 45 / Section 4509
Evaluation (Repealed).
Status: repealed

2019 Repeal. Section 4509 was repealed December 18, 2019, P.L.776, No.115, effective immediately.
61 Pa.C.S. § 3106 — PA Code / Title 61 / Chapter 31 / Section 3106
Inmate-made goods to be branded.
Status: in_force

(a) General rule.--All goods, wares, merchandise or other article or thing made by inmate labor in any correctional institution or other establishment in which inmate labor is employed, whether for the direct benefit and maintenance of the correctional institution or other establishment or upon contract by the authorities of the same with any third person, immediately upon the completion of the same, shall be branded as provided in this section and may not be taken into or exposed in any place for sale at wholesale or retail without that brand.

(b) Style and place of brand.--

(1) The brand required by this section shall be in plain English lettering and shall contain at the head or top of the brand the words "inmate made," followed by the year and name of the correctional institution or other establishment in which made.

(2) The brand shall in all cases, when the nature of the article will permit, be placed on the article and only where the branding is impossible may it be placed on the box or other receptacle or covering in which it is contained.

(3) The brand shall be affixed to the article by casting, burning, pressing or other such process or means

so that the article may not be defaced and in all cases shall be upon the most conspicuous place upon the article or the box, receptacle or covering containing the article.

(c) Applicability.--This section shall not apply to goods, wares and merchandise shipped to points outside of this Commonwealth.
61 Pa.C.S. § 3902 — PA Code / Title 61 / Chapter 39 / Section 3902
Declaration of policy.
Status: in_force

The General Assembly finds and declares as follows:

(1) The Commonwealth recognizes the severe problem of overcrowding in correctional institutions and understands that overcrowding is a causative factor contributing to insurrection and prison rioting.

(2) The Commonwealth also recognizes that the frequency of convictions responsible for the dramatic expansion of the population in correctional institutions is attributable in part to the increased use of drugs and alcohol.

(3) The Commonwealth, in wishing to salvage the contributions and dedicated work which its displaced citizens

may someday offer, is seeking to explore alternative methods of incarceration which might serve as the catalyst for reducing criminal behavior.
61 Pa.C.S. § 6118 — PA Code / Title 61 / Chapter 61 / Section 6118
Offices.
Status: in_force

The department shall provide offices for the board. The board shall appoint and employ such number and character of officers, agents, clerks, stenographers and employees as may be necessary to carry out the purposes of this chapter. The salaries of persons so appointed and employed by the board shall be fixed by the board.

(a) Principal office.--(Deleted by amendment).

(b) District offices.--(Deleted by amendment).

(c) Location of district offices.--(Deleted by amendment).

(d) Consideration for fixing compensation.--(Deleted by amendment). (June 30, 2021, P.L.260, No.59, eff. imd.)
61 Pa.C.S. § 4308 — PA Code / Title 61 / Chapter 43 / Section 4308
Costs of execution and examination.
Status: in_force

The actual and necessary costs of the execution and the postmortem examination shall be paid by the department.
61 Pa.C.S. § 13 — PA Code / Title 61 / Chapter 13 / Section 13
Continuation of commission.
Status: in_force

The County Probation Officers' Firearm Education and Training Commission is a continuation of the County Probation and Parole Officers' Firearm Education and Training Commission.
61 Pa.C.S. § 3306 — PA Code / Title 61 / Chapter 33 / Section 3306
Report to General Assembly.
Status: in_force

The department shall submit to the chairmen and minority chairmen of the Appropriations Committee and the Judiciary Committee of the Senate and the chairmen and minority chairmen of the Appropriations Committee and the Judiciary Committee of the House of Representatives an annual report on the program. The report shall provide information on the fees charged and the fees collected under the program and shall include a summary of the annual audit of the program as required under section 3304 (relating to powers and duties of department). The report may recommend legislative changes for the program and propose model legislation for counties which may wish to develop similar programs.
61 Pa.C.S. § 2 — PA Code / Title 61 / Chapter 2 / Section 2
Applicability.
Status: in_force

The addition of 61 Pa.C.S. § 6139(a)(3.3) and (3.4) shall apply to all of the following:

(1) Individuals convicted of an offense set forth in 61 Pa.C.S. § 6139(a)(3.3) before the effective date of this section who remain under the jurisdiction of the Department of Corrections.

(2) Individuals who commit an offense set forth in 61 Pa.C.S. § 6139(a)(3.3) on or after the effective date of this section.

(3) Individuals who, before or after the effective date of this section:

(i) commit an offense subject to 42 Pa.C.S. Ch. 97 Subch. H or I;

(ii) are designated as sexually violent predators; and

(iii) are under the jurisdiction of the Department of Corrections. Explanatory Note. Act 124 amended section 6139 of Title 61. 2021, JUNE 30, P.L.260, NO.59
61 Pa.C.S. § 4902 — PA Code / Title 61 / Chapter 49 / Section 4902
Definitions.
Status: in_force

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-based programs." Programs which are administered and operated outside of a correctional institution.

"Community organization." A community, faith-based or other private charitable organization which is organized as a nonprofit corporation or nonprofit unincorporated association under the laws of the United States or this Commonwealth which is authorized to do business in this Commonwealth as a nonprofit corporation or unincorporated association under the laws of this Commonwealth.

"Institutional-based programs." Programs which are administered and operated within a correctional institution.

"Offender." An inmate in a correctional institution or a person released from incarceration. The term shall not include an inmate serving a sentence of life imprisonment or death.

"Program." The Safe Community Reentry Program established in this chapter.
61 Pa.C.S. § 3502 — PA Code / Title 61 / Chapter 35 / Section 3502
(Reserved).
Status: reserved

Prior Provisions. Former section 3502, which related to official visitors, was added August 11, 2009, P.L.147, No.33, and reserved July 5, 2012, P.L.1050, No.122, effective in 60 days.
61 Pa.C.S. § 1763 — PA Code / Title 61 / Chapter 17 / Section 1763
Buildings.
Status: in_force

After the selection and acquisition of sites, the county commissioners of the counties may erect and construct suitable and necessary buildings thereon, repair any buildings already erected and equip the sites for use and occupancy.
61 Pa.C.S. § 24 — PA Code / Title 61 / Chapter 24 / Section 24
Continuation of prior law.
Status: in_force

The addition of 61 Pa.C.S. Ch. 31 Subch. B is a continuation of the act of June 1, 1915 (P.L.656, No.289), entitled "An act providing a system of employment and compensation for the inmates of the Eastern Penitentiary, Western Penitentiary, and the Pennsylvania Industrial Reformatory at Huntingdon, and for

such other correctional institutions as shall be hereafter established by the Commonwealth, and making an appropriation therefor." The following apply:

(1) Except as otherwise provided in 61 Pa.C.S. Ch. 31 Subch. B, all activities initiated under the act of June 1, 1915 (P.L.656, No.289), shall continue and remain in full force and effect and may be completed under 61 Pa.C.S. Ch. 31 Subch. B. Resolutions, orders, regulations, rules and decisions which were made under the act of June 1, 1915 (P.L.656, No.289), and which are in effect on the effective date of this section shall remain in full force and effect until revoked, vacated or modified under 61 Pa.C.S. Ch. 31 Subch. B. Contracts, obligations and agreements entered into under the act of June 1, 1915 (P.L.656, No.289), are not affected nor impaired by the repeal of the act of June 1, 1915 (P.L.656, No.289).

(2) Any difference in language between 61 Pa.C.S. Ch. 31 Subch. B and the act of June 1, 1915 (P.L.656, No.289), is intended only to conform to the style of the Pennsylvania Consolidated Statutes and is not intended to change or affect the legislative intent, judicial construction or administrative interpretation and implementation of the act of June 1, 1915 (P.L.656, No.289). 2020, NOVEMBER 25, P.L.1219, NO.124
61 Pa.C.S. § 3124 — PA Code / Title 61 / Chapter 31 / Section 3124
Inmates accounts.
Status: in_force

(a) Duty to maintain.--The department shall maintain an account of the labor performed by all inmates under sentence in the institution.

(b) Contents of accounts.--In the account, the department shall credit the inmate with wages for the time the inmate is actually engaged in work. The rate of the wage and the amount credited to each inmate shall be determined at the discretion of the department.
61 Pa.C.S. § 1723 — PA Code / Title 61 / Chapter 17 / Section 1723
County jail oversight board.
Status: in_force

(a) Establishment.--There is hereby established in each county a county jail oversight board which shall be named the (Name of County) County Jail Oversight Board. The board shall be a continuation of the county prison board originally established under the former act of December 10, 1980 (P.L.1152, No.208), known as the Second Class County Prison Board Act, and former Article XXX-A of the act of July 28, 1953 (P.L.723, No.230), known as the Second Class County Code.

(b) Composition.--The board shall be composed of:

(1) The county chief executive.

(2) Two judges of the court of common pleas, one of whom shall be the president judge, or his designee who shall be a judge, and one judge appointed by the president judge.

(3) The county sheriff.

(4) The county controller.

(5) The president of county council or his designee.

(6) Three citizen members as provided in subsection

(c).

(c) Qualifications of citizen members.--The citizen members shall not be employees of the county or of the Commonwealth. They shall serve for a term of three years and shall be representative of the broad segments of the county's population and shall include persons whose background and experience indicate that they are qualified to act in the interest of the public. The citizen members shall be appointed by the county chief executive with the consent of county council.

(d) Counties that may elect to be subject to subchapter.--Any county that has adopted a home rule charter may elect by resolution of the governing body of the county to be governed by the provisions of this subchapter. (Oct. 27, 2010, P.L.931, No.95, eff. imd.) 2010 Amendment. Act 95 added subsec. (d), retroactive to October 12, 2009. Cross References. Section 1723 is referred to in section 1722 of this title.
61 Pa.C.S. § 3123 — PA Code / Title 61 / Chapter 31 / Section 3123
Deposit of sales receipts.
Status: in_force

(a) General rule.--The receipts from the sales of manufactured articles, sold as authorized in this subchapter, shall be deposited into the Manufacturing Fund and used for the purchase of further material, equipment, machinery, supplies, staff compensation and inmate pay.

(b) Monthly reporting.--The department shall make a full monthly report of the products, sales, receipts and disbursements of the industries authorized under this subchapter to the Auditor General.
61 Pa.C.S. § 1102 — PA Code / Title 61 / Chapter 11 / Section 1102
Correctional facility for criminological diagnosis.
Status: in_force

(a) Establishment.--There is hereby established a correctional facility for criminological diagnosis, classification, social and psychological treatment and research, medical treatment and staff training.

(b) Operation and management.--The department shall operate and manage the correctional facility established under this section, including staff training and the treatment, care, maintenance, employment and rehabilitation of the inmates in that facility.
61 Pa.C.S. § 4607 — PA Code / Title 61 / Chapter 46 / Section 4607
Report to General Assembly.
Status: in_force

Within 18 months of the effective date of this section, the department shall issue a report to the Judiciary Committee of the Senate and the Appropriations Committee of the Senate and the Judiciary Committee of the House of Representatives and the Appropriations Committee of the House of Representatives evaluating the effectiveness of the pilot program. The report shall include:

(1) The number of eligible offenders to whom long-acting nonnarcotic, nonaddictive medication assisted treatment was administered.

(2) The number of eligible offenders who completed the program of long-acting nonnarcotic, nonaddictive medication assisted treatment.

(3) Recidivism rates of eligible offenders to whom long-acting nonnarcotic, nonaddictive medication assisted treatment was administered.

(4) The average amount of grants awarded to counties.

(5) The number of providers available to meet the requirements provided in section 4603 (relating to county participation requirements) on a county-by-county basis.

(6) The impact of the use of long-acting nonnarcotic, nonaddictive medication assisted treatment on treatment outcomes and any potential cost savings.
61 Pa.C.S. § 6131 — PA Code / Title 61 / Chapter 61 / Section 6131
General powers of board.
Status: in_force

(a) General rule.--The board shall have the power and its duty shall be:

(1) (Deleted by amendment).

(2) To collect and maintain copies of all presentence investigations and reports.

(3) (Deleted by amendment).

(4) (Deleted by amendment).

(5) (Deleted by amendment).

(6) (Deleted by amendment).

(7) (Deleted by amendment).

(8) (Deleted by amendment).

(9) (Deleted by amendment).

(10) (Deleted by amendment).

(11) (Deleted by amendment).

(12) To provide information as required under 42 Pa.C.S. § 2153(a)(14) (relating to powers and duties) as requested by the commission.

(13) To incorporate evidence-based practices into parole decision making.

(14) (Deleted by amendment).

(15) To conduct research to identify, to be informed of and to recommend recognized evidence-based parole practices that promote public safety and reduce recidivism.

(16) To conduct outcome and performance analyses on implemented board programs and practices to enhance public safety through reduced recidivism.

(b) Court-appointed probation officers to submit information to department.--A court that appoints a probation officer shall require the probation officer to submit to the department such information as the department may require on forms prescribed and furnished by the department.

(c) Access to county records.--The department and the board shall have free and ready access to all probation and parole records of any county.

(d) Definitions.--(Deleted by amendment).

(Oct. 27, 2010, P.L.931, No.95, eff. imd.; Dec. 18, 2019, P.L.776, No.115, eff. 60 days; June 30, 2021, P.L.260, No.59, eff. imd.)
61 Pa.C.S. § 6301 — PA Code / Title 61 / Chapter 63 / Section 6301
Short title of chapter.
Status: in_force

This chapter shall be known and may be cited as the County Probation Officers' Firearm Education and Training Law.
61 Pa.C.S. § 12 — PA Code / Title 61 / Chapter 12 / Section 12
References in text.
Status: in_force

A reference in any act or part of an act to:

(1) A parole agent of a county shall be deemed a reference to a probation officer.

(2) A parole officer of the State shall be deemed a reference to a parole agent.

(3) The County Probation and Parole Officers' Firearm Education and Training Program shall be deemed a reference to the County Probation Officers' Firearm Education and Training Program.

(4) The County Probation and Parole Officers' Firearm Education and Training Fund shall be deemed a reference to the County Probation Officers' Firearm Education and Training Fund.
61 Pa.C.S. § 1176 — PA Code / Title 61 / Chapter 11 / Section 1176
Disposal of unacceptable returned drugs.
Status: in_force

Returned drugs that do not meet all the requirements of section 1173 (relating to return to and redispensing by vendor pharmacy) shall be deemed unacceptable for redispensing and processed for disposal. Drugs deemed unacceptable for redispensing shall be sent to a destruction agency, reverse distributor, manufacturer, original wholesaler or other approved entity.
61 Pa.C.S. § 4303 — PA Code / Title 61 / Chapter 43 / Section 4303
Terms of confinement.
Status: in_force

Upon receipt of the warrant, the secretary shall, until infliction of the death penalty or until lawful discharge from custody, keep the inmate in solitary confinement. During the confinement, no person shall be allowed to have access to the inmate without an order of the sentencing court, except the following:

(1) The staff of the department.

(2) The inmate's counsel of record or other attorney requested by the inmate.

(3) A spiritual adviser selected by the inmate or the members of the immediate family of the inmate.
61 Pa.C.S. § 5906 — PA Code / Title 61 / Chapter 59 / Section 5906
Confidentiality of victim information.
Status: in_force

(a) General rule.--Notwithstanding any other provision of law, any and all statements or testimony of the victim and of any family member submitted to the department shall be:

(1) Deemed confidential and privileged.

(2) Not be subject to subpoena or discovery.

(3) Not be introduced into evidence in any judicial or administrative proceeding.

(4) Not be released to the inmate.

(b) Records.--All records maintained by the department pertaining to victims shall be kept separate. Current address, telephone numbers and any other personal information of the victim and family members shall be deemed confidential.

(c) Disclosure prohibited.--Notwithstanding any other provision of law, no person who has had access to a report, record or any other information under this section shall disclose the content of the report, record or other information or testify in a judicial or administrative proceeding without the written consent of the victim. (Oct. 27, 2010, P.L.931, No.95, eff. imd.; Dec. 18, 2019, P.L.776, No.115, eff. imd.) 2019 Amendment. Act 115 amended subsec. (a) intro. par. 2010 Amendment. Act 95 added section 5906.
61 Pa.C.S. § 3701 — PA Code / Title 61 / Chapter 37 / Section 3701
Establishment of prerelease centers (Repealed).
Status: repealed

2012 Repeal. Section 3701 was repealed July 5, 2012, P.L.1050, No.122, effective July 1, 2013.
61 Pa.C.S. § 3703 — PA Code / Title 61 / Chapter 37 / Section 3703
Rules and regulations (Repealed).
Status: repealed

2012 Repeal. Section 3703 was repealed July 5, 2012, P.L.1050, No.122, effective July 1, 2013.
61 Pa.C.S. § 1725 — PA Code / Title 61 / Chapter 17 / Section 1725
Rules and regulations.
Status: in_force

The board shall, in the manner provided by law, promulgate such rules, regulations and forms it deems necessary for the proper administration of the board and for the operation of the prison and alternative housing facilities.
61 Pa.C.S. § 3511 — PA Code / Title 61 / Chapter 35 / Section 3511
Short title of subchapter.
Status: in_force

This subchapter shall be known and may be cited as the Official Visitation of Correctional Institutions Act.
61 Pa.C.S. § 3514 — PA Code / Title 61 / Chapter 35 / Section 3514
Employees of official visitor.
Status: in_force

One employee of an official visitor may accompany the official visitor when visiting any correctional institution and may be present during an interview conducted by the official visitor.
61 Pa.C.S. § 1767 — PA Code / Title 61 / Chapter 17 / Section 1767
Chief administrator and employees.
Status: in_force

The county commissioners of the counties may, after consultation with the advisory board, employ a chief administrator and such other employees as may be necessary to conduct and manage properly the joint detention facilities and shall fix their compensation. The duties of those officers shall be prescribed by the rules and regulations of the joint detention facilities. They shall hold their offices, respectively, at the pleasure of and their compensation shall be fixed by the appointing power.
61 Pa.C.S. § 4302 — PA Code / Title 61 / Chapter 43 / Section 4302
Issuance of warrant.
Status: in_force

(a) Time.--

(1) After the receipt of the record pursuant to 42 Pa.C.S. § 9711(i) (relating to sentencing procedure for murder of the first degree), unless a pardon or commutation has been issued, the Governor shall, within 90 days, issue a warrant specifying a day for execution which shall be no later than 60 days after the date the warrant is signed.

(2) If, because of a reprieve or a judicial stay of the execution, the date of execution passes without imposition

of the death penalty, unless a pardon or commutation has been issued, the Governor shall, within 30 days after receiving notice of the termination of the reprieve or the judicial stay, reissue a warrant specifying a day for execution which shall be no later than 60 days after the date of reissuance of the warrant.

(b) Secretary.--The warrant shall be directed to the secretary commanding that the subject of the warrant be executed on the day named in the warrant and in the manner prescribed by law.

(c) Failure to timely comply.--If the Governor fails to timely comply with the provisions of this section and a pardon or commutation has not been issued, the secretary shall, within 30 days following the Governor's failure to comply, schedule and carry out the execution no later than 60 days from the date by which the Governor was required to sign the warrant under subsection (a).
61 Pa.C.S. § 3904 — PA Code / Title 61 / Chapter 39 / Section 3904
Selection of inmate participants.
Status: in_force

(a) Duties of commission.--Through the use of sentencing guidelines, the commission shall employ the definition of "eligible inmate" as provided in this chapter to further identify inmates who would be appropriate for participation in a motivational boot camp.

(b) Duties of sentencing judge.--The sentencing judge shall employ the sentencing guidelines to identify those defendants who are eligible for participation in a motivational boot camp. The judge shall have the discretion to exclude a defendant from eligibility if the judge determines that the defendant would be inappropriate for placement in a motivational boot camp. The judge shall note on the sentencing order whether the defendant

has been excluded from eligibility for a motivational boot camp program.

(c) Duties of department.--The secretary shall promulgate rules and regulations providing for inmate selection criteria and the establishment of motivational boot camp selection committees within each diagnostic and classification center of the department.

(d) Waiver of eligibility requirements.--

(1) The prosecuting attorney, in the prosecuting attorney's sole discretion, may advise the court that the Commonwealth has elected to waive the eligibility requirements of this chapter if the victim has been given notice of the prosecuting attorney's intent to waive the eligibility requirements and an opportunity to be heard on the issue.

(2) The court, after considering victim input, may refuse to accept the prosecuting attorney's waiver of the eligibility requirements. (July 5, 2012, P.L.1050, No.122, eff. 60 days; Dec. 18, 2019, P.L.776, No.115, eff. imd.) 2019 Amendment. Act 115 amended subsec. (b). 2012 Amendment. Act 122 added subsec. (d).
61 Pa.C.S. § 1768 — PA Code / Title 61 / Chapter 17 / Section 1768
Rules and regulations.
Status: in_force

The county commissioners of the counties shall, before any inmate may be admitted to the joint detention facilities, after consulting with the advisory board, make general rules and regulations for the management of the joint detention facilities, which rules and regulations shall be effective after they are approved by the department.
61 Pa.C.S. § 5903 — PA Code / Title 61 / Chapter 59 / Section 5903
Inmate uniforms.
Status: in_force

While incarcerated, an inmate of a State correctional institution shall wear identifiable prison uniforms and shall not wear civilian clothing. Special Provisions in Appendix. See section 10 of Act 33 of 2009 in the appendix to this title for special provisions relating to applicability.
61 Pa.C.S. § 4109 — PA Code / Title 61 / Chapter 41 / Section 4109
Evaluation (Repealed).
Status: repealed

2010 Repeal. Section 4109 was repealed October 27, 2010, P.L.931, No.95, effective immediately.
61 Pa.C.S. § 6112 — PA Code / Title 61 / Chapter 61 / Section 6112
Board chairperson.
Status: in_force

(a) Designation by Governor.--The Governor shall, from time to time, as the occasion may arise, designate one of the members of the board to be its chairperson who shall:

(1) Direct the operations, management and administration of the board and fulfill the functions established by this chapter.

(2) (Deleted by amendment).

(3) Preside at all meetings of the board.

(4) Perform all the duties and functions of chairperson, including organizing, staffing, controlling, directing and administering the work of the board.

(5) Administer the proceedings of the board to ensure efficient and timely procedures for parole board decisions, discharges and recommitments.

(b) Alternate chairperson.--The board may designate one of its members to act as alternate chairperson during the absence or incapacity of the chairperson, and, when so acting, the member so designated shall have and perform all the powers and duties of chairperson of the board but shall not receive any additional compensation for acting as chairperson. (June 30, 2021, P.L.260, No.59, eff. imd.) Special Provisions in Appendix. See section 10 of Act 33 of 2009 in the appendix to this title for special provisions relating to applicability.
61 Pa.C.S. § 4502 — PA Code / Title 61 / Chapter 45 / Section 4502
Purpose of chapter.
Status: in_force

This chapter seeks to create a program that ensures appropriate punishment for persons who commit crimes, encourages inmate participation in evidence-based programs that reduce the risks of future crime and ensures the openness and

accountability of the criminal justice process while ensuring fairness to crime victims.
61 Pa.C.S. § 4510 — PA Code / Title 61 / Chapter 45 / Section 4510
Reports (Repealed).
Status: repealed

2019 Repeal. Section 4510 was repealed December 18, 2019, P.L.776, No.115, effective immediately.
61 Pa.C.S. § 1731 — PA Code / Title 61 / Chapter 17 / Section 1731
Establishment.
Status: in_force

(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 or a judge designated by him.

(ii) The district attorney.

(iii) The sheriff.

(iv) The controller.

(v) The county commissioners.

(2.1) The members of the board under paragraph (2) may appoint not less than two and not more than four additional members to the board who must be residents of the county for which the board is established.

(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 or 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. (Feb. 17, 2022, P.L.50, No.13, eff. imd.; Oct. 29, 2024, P.L.1037, No.114, eff. 60 days) 2024 Amendment. Act 114 added subsec. (a)(2.1) and amended subsec. (b). 2022 Amendment. Act 13 added subsec. (c).
61 Pa.C.S. § 3702 — PA Code / Title 61 / Chapter 37 / Section 3702
Prerelease plans for inmates (Repealed).
Status: repealed

2012 Repeal. Section 3702 was repealed July 5, 2012, P.L.1050, No.122, effective July 1, 2013.
61 Pa.C.S. § 3905 — PA Code / Title 61 / Chapter 39 / Section 3905
Motivational boot camp program.
Status: in_force

(a) Establishment.--There is hereby established in the department a motivational boot camp program.

(b) Program objectives.--The objectives of the program are:

(1) To protect the health and safety of the Commonwealth by providing a program which will reduce recidivism and promote characteristics of good citizenship among eligible inmates.

(2) To divert inmates who ordinarily would be sentenced to traditional forms of confinement under the custody of the department to motivational boot camps.

(3) To provide discipline and structure to the lives of eligible inmates and to promote these qualities in the postrelease behavior of eligible inmates.

(c) Rules and regulations.--

(1) The secretary shall promulgate rules and regulations which shall include, but not be limited to, inmate discipline, selection criteria, programming and supervision and administration.

(2) The department shall provide four weeks of intensive training for all staff prior to the start of their involvement with the program.

(d) Approval.--Motivational boot camp programs may be established only at correctional institutions classified by the secretary as motivational boot camp institutions.

(e) Evaluation.--(Deleted by amendment). (Dec. 18, 2019, P.L.776, No.115, eff. imd.) 2019 Amendment. Act 115 deleted subsec. (e).
61 Pa.C.S. § 6141 — PA Code / Title 61 / Chapter 61 / Section 6141
General rules and special regulations.
Status: in_force

The board may make general rules for the conduct and supervision of offenders and may, in particular cases, as it deems necessary to effectuate the purpose of parole, prescribe special regulations for particular persons. (June 30, 2021, P.L.260, No.59, eff. imd.)
61 Pa.C.S. § 6309 — PA Code / Title 61 / Chapter 63 / Section 6309
Applicability.
Status: in_force

This chapter shall apply to county juvenile probation, adult probation officers only, and only such officers shall be eligible for training under this chapter.
61 Pa.C.S. § 6123 — PA Code / Title 61 / Chapter 61 / Section 6123
Advisory committee (Repealed).
Status: repealed

2019 Repeal. Section 6123 was repealed November 27, 2019, P.L.667, No.92, effective in 60 days.
61 Pa.C.S. § 6115 — PA Code / Title 61 / Chapter 61 / Section 6115
Incompatible offices and removal.
Status: in_force

(a) General rule.--The members of the board shall not hold any other public office or employment nor engage in any business, profession or employment during their terms of service as members thereof and shall hold their offices during the terms for which they shall have been appointed.

(b) Procedure for removal.--

(1) A member of the board may be removed for cause by the Governor, by and with the advice and consent of two-thirds of the members of the Senate.

(2) During a recess of the Senate, the Governor may suspend a member of the board for cause, and before suspension, the Governor shall furnish to the member a statement in writing of the reasons for the proposed suspension of the member. The suspension shall operate and be effective only until the adjournment of the next session of the Senate following the suspension.
61 Pa.C.S. § 6304 — PA Code / Title 61 / Chapter 63 / Section 6304
Commission and advisory subcommittee.
Status: in_force

(a) Composition.--The chairperson of the County Adult Probation and Parole Advisory Committee shall appoint an advisory subcommittee to be composed of:

(1) Three county adult probation officers who are full members of the County Chief Adult Probation and Parole Officers' Association of Pennsylvania, one of whom is a chief adult probation officer from a county authorized to carry firearms and two of whom are firearms instructors certified as such by the National Rifle Association, the Pennsylvania State Police or the Federal Bureau of Investigation.

(2) One member of the Pennsylvania Council of Chief Juvenile Probation Officers.

(3) One representative of the Juvenile Court Judges' Commission.

(4) One judge of a court of common pleas of a county that employs officers who carry firearms.

(5) One director qualified under 53 Pa.C.S. Ch. 21 Subch. D (relating to municipal police education and training).

(6) One county commissioner from a county which employs officers who carry firearms.

(b) Terms.--(Deleted by amendment).

(c) Vacancies.--(Deleted by amendment).

(d) Compensation.--The members of the commission and subcommittee shall serve without compensation but shall be reimbursed the necessary and actual expenses incurred in attending the meetings of the commission and in the performance of their duties under this chapter.

(e) Organization.--The chairperson of the County Adult Probation and Parole Advisory Committee shall serve as chairperson of the commission. The commission shall act only with the concurrence of the majority.

(f) Meetings and quorum.--The commission shall meet as may be necessary, but at least once annually. Special meetings may be called by the chairperson of the commission or upon written request of three members. A quorum shall consist of a majority of the members appointed. (Dec. 18, 2019, P.L.776, No.115, eff. one year)
61 Pa.C.S. § 6134 — PA Code / Title 61 / Chapter 61 / Section 6134
Sentencing court recommendation.
Status: in_force

The following shall apply:

(1) A judge may make at any time a recommendation to the board respecting the offender sentenced and the term of imprisonment the judge believes that offender should be required to serve before parole is granted to that offender.

(2) A recommendation made by a judge under paragraph

(1) respecting the parole or terms of parole of an offender shall be advisory only. No order in respect to the recommendation made or attempted to be made as a part of a sentence shall be binding upon the board or the department

in performing the duties and functions conferred on it by this chapter.

(a) Duty to transmit.--(Deleted by amendment).

(b) Recommendations from judge.--(Deleted by amendment). (June 30, 2021, P.L.260, No.59, eff. imd.)
61 Pa.C.S. § 1795 — PA Code / Title 61 / Chapter 17 / Section 1795
Allocation of expenses to counties.
Status: in_force

(a) General rule.--The original cost of the site and buildings of the joint industrial farm and workhouse, the equipment thereof, all additions thereto and all fixed overhead charges in conducting the joint industrial farm and workhouse shall be paid by the counties constituting the districts in the ratio of their population according to the last preceding United States census.

(b) Inmate expense.--The cost of the care and maintenance of the inmates shall be certified monthly to the counties from which inmates have been committed. The cost shall be paid by the counties in proportion to the number of inmates committed from each county. All payments shall be on warrants of the county commissioners, countersigned by the county controller in counties where a county controller exists.
61 Pa.C.S. § 3906 — PA Code / Title 61 / Chapter 39 / Section 3906
Procedure for selection of participant in motivational boot camp program.
Status: in_force

(a) Application.--An eligible inmate may make an application to the motivational boot camp selection committee for permission to participate in the motivational boot camp program.

(b) Selection.--If the selection committee determines that an inmate's participation in the program is consistent with the safety of the community, the welfare of the applicant, the programmatic objectives and the rules and regulations of the

department, the committee shall forward the application to the secretary or his designee for approval or disapproval.

(c) Conditions.--Applicants may not participate in the motivational boot camp program unless they agree to be bound by all the terms and conditions thereof and indicate their agreement by signing a memorandum of understanding.

(d) Qualifications to participate.--Satisfaction of the qualifications set forth in this section to participate does not mean that an inmate will automatically be permitted to participate in the program.

(e) Expulsion from program.--

(1) An inmate's participation in the motivational boot camp unit may be suspended or revoked for administrative or disciplinary reasons.

(2) The department shall develop regulations consistent with this subsection.
61 Pa.C.S. § 1173 — PA Code / Title 61 / Chapter 11 / Section 1173
Return to and redispensing by vendor pharmacy.
Status: in_force

A drug that is issued to a correctional facility and has left the control of a pharmacist at a vendor pharmacy may be returned to its vendor pharmacy for the purpose of redispensing that drug to fill other prescriptions for other correctional facilities only if the following requirements are met:

(1) The drug is not a Schedule I, II, III, IV or V controlled substance as specified in the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act.

(2) The drug is returned to its vendor pharmacy in accordance with the vendor pharmacy's written policies and procedures that comply with section 1174 (relating to vendor pharmacy redispensing) and the State Board of Pharmacy's rules and regulations in regard to delivery, storage, labeling and reissuing of the drug.

(3) The drug is returned to the vendor pharmacy unopened and still sealed in the unit dose package, unit of issue package, bottle or manufacturer's package.

(4) Each returned unit dose package, unit of issue package, bottle or manufacturer's package retains the drug name, strength, manufacturer identifier, lot and expiration date as originally labeled by the pharmacy or manufacturer.

(5) The drug issued to the facility was at no time in the possession or control of a patient.

(6) The drug remained in a controlled environment of a secured drug room or secured drug cart under the supervision of designated personnel who are responsible for the drugs in that correctional facility.

(7) The drug has no fewer than 90 days before its expiration date.

(8) A pharmacist at the vendor pharmacy determines by visual inspection that the returned products are not adulterated or misbranded.

(9) A pharmacist at the vendor pharmacy using the pharmacist's professional judgment determines that:

(i) The conditions under which the drug has been delivered, stored and handled before and during its return to the pharmacy have preserved proper integrity, stability and labeling of the drug.

(ii) The drug labeling or packaging has not been altered or defaced.

(iii) The drug name, strength, manufacturer identifier, lot and expiration date are retrievable. Cross References. Section 1173 is referred to in sections 1174, 1176 of this title.
61 Pa.C.S. § 4703 — PA Code / Title 61 / Chapter 47 / Section 4703
Public notice.
Status: in_force

(a) Public notice.--The private vendor shall provide notice of the public hearing in a newspaper of general circulation on at least two different dates prior to the hearing. Each notice shall provide information regarding topic, location and time of the public hearing and a contact number for interested persons to call for additional information. The private vendor shall submit notarized statements attesting to the publishing of the notices to the department as part of its bid pursuant to the request for proposal.

(b) Notice to municipality.--The private vendor shall send a copy of the notice of the public hearing to the governing body of the municipality where the proposed site is located.
61 Pa.C.S. § 4507 — PA Code / Title 61 / Chapter 45 / Section 4507
Authority of board.
Status: in_force

If an inmate has been sentenced by a court to a recidivism risk reduction incentive minimum sentence and the inmate is not paroled under this chapter, the board may grant parole. Except as otherwise provided under this chapter, the board shall retain its power and authority to parole, commit and reparole inmates committed to the department.
61 Pa.C.S. § 1735 — PA Code / Title 61 / Chapter 17 / Section 1735
Expenditures.
Status: in_force

All the expenditures required for the support and maintenance of inmates and the repairs and improvement of the county correctional institution shall be paid from the county treasury by warrants drawn, in the mode prescribed by law, on the regular appropriation for the purpose. No warrant shall be certified by the controller for any expense connected with the county correctional institution unless on vouchers approved by a majority of the board and endorsed by the president and secretary of the board, and all contracts involving an expenditure of funds from the county treasury shall be made in accordance with the procedures set forth in Article XVIII of the act of August 9, 1955 (P.L.323, No.130), known as The County Code. References in Text. The act of August 9, 1955, P.L.323, No.130, known as The County Code, referred to in this section, was repealed by the act of May 8, 2024, P.L.50, No.14. The subject matter is now contained in Chapter 151 of Title 16 (Counties).
61 Pa.C.S. § 3501 — PA Code / Title 61 / Chapter 35 / Section 3501
(Reserved).
Status: reserved

Prior Provisions. Former section 3501, which related to gubernatorial visitor for philanthropic purposes, was added August 11, 2009, P.L.147, No.33, and reserved July 5, 2012, P.L.1050, No.122, effective in 60 days.
61 Pa.C.S. § 4711 — PA Code / Title 61 / Chapter 47 / Section 4711
Nonapplicability.
Status: in_force

This chapter shall not apply to any request for proposal issued prior to the effective date of this section.
61 Pa.C.S. § 1163 — PA Code / Title 61 / Chapter 11 / Section 1163
Maintenance of escaping inmates under new sentence.
Status: in_force

(a) County jurisdiction.--In case of conviction and sentence of an escaping inmate under the jurisdiction of the county, the costs of maintenance of the inmates under such new sentence shall be borne by the county from which the inmate was originally committed.

(b) State jurisdiction.--In case of conviction and sentence of an escaping inmate under the jurisdiction of the Commonwealth, the costs of maintenance of the inmate under such new sentence shall be borne by the Commonwealth.

(c) Additional police expenses.--Any additional police expenses incurred by a political subdivision as a result of the escape of an inmate under the jurisdiction of the Commonwealth shall be borne by the Commonwealth.
61 Pa.C.S. § 5908 — PA Code / Title 61 / Chapter 59 / Section 5908
Cavity search and inspection restrictions.
Status: in_force

(a) Cavity search and inspection restrictions.--To the greatest extent possible:

(1) No staff other than a licensed health care professional shall conduct an invasive body cavity search of a pregnant or postpartum incarcerated individual or detainee.

(2) A correctional institution shall limit searches by male staff, other than medically licensed professional male staff, if a female incarcerated individual or detainee is in a state of undress.

(b) Documentation requirement.--If staff is required to perform an invasive body cavity search on a pregnant or postpartum incarcerated individual or detainee, or male staff, other than medically licensed professional male staff, is required to conduct a search on a female incarcerated individual or detainee in a state of undress, a written report shall be submitted to the correctional institution within 72 hours following the cavity search or inspection. The report under this subsection shall:

(1) include the justification for performing the cavity search or male staff inspection as required in this subsection;

(2) document and identify any contraband that was found on the incarcerated individual or detainee; and

(3) be sent to the department.

(c) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Body cavity search." An invasive search of incarcerated individuals or detainees, conducted by staff in search of contraband, excluding the nose, ears and mouth.

"Staff." An individual, including contracted staff, who is employed by a correctional institution or the department, excluding any licensed medical professional.

"State of undress." A state where an incarcerated or detained female is partially or fully naked, either in the shower, toilet areas, a medical examination room or while a body cavity search is being conducted. (Dec. 14, 2023, P.L.396, No.47, eff. 180 days; Oct. 29, 2024, P.L.1037, No.114, eff. imd.) 2024 Amendment. Act 114 amended subsecs. (b)(3) and (c). Section 8 of Act 114 provided that, with the exception of the amendment or addition of 61 Pa.C.S. § 1731(a)(2.1) and (b), Act 114 shall apply retroactively to June 11, 2024. 2023 Amendment. Act 47 added section 5908.
61 Pa.C.S. § 1789 — PA Code / Title 61 / Chapter 17 / Section 1789
Initial transfer of inmates.
Status: in_force

(a) General rule.--When, in any district formed by the counties, the arrangements are complete for the reception of inmates, transfer shall be made from the county correctional institutions to the joint industrial farm and workhouse of the district of all persons:

(1) Who have been sentenced to any of the county correctional institutions for any misdemeanor or felony, except murder, voluntary manslaughter, rape and arson.

(2) Who have been committed to any of the county correctional institutions in default of payment of any fine or penalty, or for nonpayment of costs, or for default in complying with any order of court entered in any prosecution for desertion or nonsupport.

(3) Legally confined in any of the county correctional institutions, except those that are confined awaiting trial or held as material witnesses.

(b) Persons eligible to become inmates.--

(1) When any person is convicted in any court in any county of any offense classified as a misdemeanor or felony, except murder, voluntary manslaughter, rape and arson, the punishment of which is or may be imprisonment in any county correctional institution for a period of ten days or more, the court may sentence such person to a joint industrial farm and workhouse of the Commonwealth.

(2) Courts of record and courts not of record of any county in this Commonwealth may commit to the joint industrial farm and workhouse all persons who might be lawfully committed to the county correctional institution on charges of vagrancy, drunkenness or disorderly conduct, for default or nonpayment of any costs, fine or penalty, for default in complying with any order of court entered in any prosecution for desertion or nonsupport or for violations

of municipal ordinances, where, in any such case, the commitment will be for a period of ten days or more.

(c) Existing county correctional institutions.--The existing county correctional institutions may be retained to confine persons awaiting trial, held as material witnesses or sentenced for a period of less than ten days, and such number of other convicted persons as may be required to perform the necessary institutional maintenance work.

(d) Clothing and treatment.--All inmates shall be clothed and treated as provided for in this subchapter and in the rules and regulations of the joint industrial farm and workhouse.
61 Pa.C.S. § 1727 — PA Code / Title 61 / Chapter 17 / Section 1727
Board meetings.
Status: in_force

The board shall meet at least once each month and shall keep regular minutes of its proceedings which shall be open to public inspection.
61 Pa.C.S. § 6121 — PA Code / Title 61 / Chapter 61 / Section 6121
Disciplinary action (Repealed).
Status: repealed

2021 Repeal. Section 6121 was repealed June 30, 2021, P.L.260, No.59, effective immediately.