61 Pa.C.S. § 7114 — PA Code / Title 61 / Chapter 71 / Section 7114
State council and compact administrator.
Status: in_force

(a) State council.--Consistent with Article IV of the Interstate Compact for the Supervision of Adult Offenders, there is hereby established the State Council for Interstate Adult Offender Supervision. The council shall consist of nine members, seven of whom shall be appointed by the Governor. At least two members shall be judges of courts of record of this Commonwealth, and at least one shall be a county chief probation officer, a representative from the executive branch of government, a representative of victims groups and the compact administrator. The President pro tempore of the Senate and the Speaker of the House of Representatives shall each appoint a member of the General Assembly to serve as a member of the council. The term of a member of the council hereafter appointed, except to fill a vacancy, shall be for four years and until a successor has been appointed, but in no event more than 90 days beyond the expiration of the appointed term. The term of a member of the council who is appointed by virtue of serving as a member of the General Assembly, as a judge or as a county chief probation officer shall continue only as long as the individual remains in that office. A vacancy occurring in an office of a member of the council by expiration of term

or for any other reason shall be filled by the appointing authority for the remainder of the term.

(b) Appointment of administrator.--The compact administrator shall be appointed by the Governor and shall serve as a member of the State Council for the Supervision of Adult Offenders and shall serve on the Interstate Commission for Adult Offender Supervision established pursuant to the Interstate Compact for the Supervision of Adult Offenders.

(c) Compensation and expenses of administrator.--The compact administrator who represents this State, as provided for in
61 Pa.C.S. § 4904 — PA Code / Title 61 / Chapter 49 / Section 4904
Contract for services.
Status: in_force

(a) Authority.--The department and the board may contract with community organizations and other nonprofit or for-profit entities to provide programs and services under this chapter. The programs and services provided under these contracts may include:

(1) Assisting in the development of each offender's reentry plan.

(2) Coordinating the supervision and services provided to offenders in correctional institutions with any supervision and services provided to offenders who have been released from incarceration.

(3) Providing offenders awaiting release with documents that are necessary after release, including identification papers, referrals to services, medical prescriptions, job training certificates, apprenticeship papers, information on obtaining public assistance and other documents useful in achieving a successful transition from a correctional institution to the community.

(4) Involving county agencies whose programs and initiatives strengthen inmate reentry services for offenders who have been returned to the county of their jurisdiction.

(5) Providing structured programs, post-release housing and transitional housing, including group homes for recovering substance abusers, through which offenders are provided supervision and services immediately following reentry into the community.

(6) Assisting offenders in securing permanent housing upon release or following a stay in post-release or transitional housing.

(7) Continuing to link offenders with health resources for health services that were provided to them when they were under the jurisdiction of the department, including mental health, substance abuse treatment, aftercare and treatment services for contagious diseases.

(8) Providing education, job training, English as a second language programs, work experience programs, self-respect and life skills training and other skills needed to achieve self-sufficiency for a successful transition from incarceration.

(9) Facilitating collaboration among corrections administrators, technical schools, community colleges and the work force development and employment service sectors so that there are efforts to:

(i) Promote, where appropriate, the employment of offenders released from correctional institutions and facilitate the creation of job opportunities, including transitional jobs, for such offenders that will also benefit communities.

(ii) Connect offenders to employment, including supportive employment and employment services, before their release from correctional institutions.

(iii) Address barriers to employment, including obtaining a driver's license.

(10) Assessing the literacy and educational needs of offenders and providing appropriate services to meet those needs, including follow-up assessments and long-term services.

(11) Addressing systems under which family members of offenders are involved with facilitating the successful reentry of those offenders into the community, including removing obstacles to the maintenance of family relationships while the offender is in custody, strengthening the family's

capacity to establish and maintain a stable living situation during the reentry process where appropriate and involving family members in the planning and implementation of the reentry process.

(12) Facilitating visitation and maintenance of family relationships with respect to offenders by addressing obstacles such as travel, telephone costs, mail restrictions and restrictive visitation policies.

(13) Addressing barriers to the visitation of children with an incarcerated parent and maintenance of the parent-child relationship, including, but not limited to, the location of facilities in remote areas, telephone costs, mail restrictions and visitation policies.

(14) Creating mentoring programs designed to assist offenders in changing the offenders' pattern of behavior so that the offenders will not revictimize their victims or have new victims. Mentoring may occur inside the correctional institution and in the community once the offender is released. The mentor shall:

(i) Act as a role model for the offender.

(ii) Foster a caring and supportive relationship by creating an independence from and not a dependence upon the mentor or the system as a whole.

(iii) Encourage positive self-concept.

(iv) Teach and aid in goal setting.

(v) Support other positive relationships within the community.

(vi) Assist in linking the offender to community-based services.

(vii) Promote appropriate, positive family relationships.

(viii) Help develop personal accountability and personal responsibility.

(15) Facilitating and encouraging timely and complete payment of restitution and fines by offenders to victims and the community.

(b) Accountability.--To ensure accountability, any contract entered under this section shall contain specific performance measures that the department and the board shall use to evaluate compliance with the terms of the contract. Cross References. Section 4904 is referred to in section 4903 of this title.
61 Pa.C.S. § 1782 — PA Code / Title 61 / Chapter 17 / Section 1782
Selection of site.
Status: in_force

Whenever the commissioners of any two or more counties decide and agree to construct a joint industrial farm and workhouse, they shall acquire a suitable site for the same. The site may be selected from suitable lands already held by any county of the district for county purposes, from lands donated for such purposes or from any quantity of land within the respective districts. In the selection of a site, there shall be taken into consideration the objects and purposes of the joint industrial farm and workhouse and all or as many as practicable of the advantages and resources set forth in this section. The land selected and purchased shall be a varied topography, with natural resources and advantages for many forms of husbandry, fruit growing and stock raising, for brickmaking and for the preparation of all other road and paving material, and shall have good railroad, drainage, sewage and water facilities. Title to the land shall be approved by the county solicitor of the county in which the land is located or such other title guarantee corporation or attorney as may be designated by the commissioners of the counties and shall be taken in the name of the county or counties comprising the district.
61 Pa.C.S. § 1770 — PA Code / Title 61 / Chapter 17 / Section 1770
Employment of inmates.
Status: in_force

An inmate of a joint detention facility under the provisions of this subchapter, unless disqualified by sickness or otherwise, shall be kept at some useful employment as may be suited to the inmate's age and capacity and as may tend to promote the best interest of the inmate. If an inmate refuses to perform the work assigned to the inmate or is guilty of other acts of insubordination, the chief administrator shall punish the inmate in such manner as the rules and regulations provided for may prescribe. The chief administrator shall keep a record of and report to the advisory board all such offenses and punishments.
61 Pa.C.S. § 1754 — PA Code / Title 61 / Chapter 17 / Section 1754
Bonds for county prison staff in fourth class counties.
Status: in_force

In any county of the fourth class in which there is a board of inspectors, the board shall pay out of the public moneys under its jurisdiction the premiums on all bonds of employees appointed by the board who are required to furnish bond.
61 Pa.C.S. § 6307 — PA Code / Title 61 / Chapter 63 / Section 6307
Requirements for program participation or waiver.
Status: in_force

In order to participate in the training program or be granted a waiver of training requirements, at a minimum, the officer must:

(1) Be employed as a full-time county probation officer.

(2) Be a United States citizen.

(3) Not have been convicted of an offense graded a misdemeanor of the first degree or greater or punishable by a term of imprisonment of more than two years, unless in possession of a waiver from the Bureau of Alcohol, Tobacco and Firearms of the Department of the Treasury.

(4) Have had the officer's fingerprints submitted by the officer's employer to the Pennsylvania State Police for the purposes of a background investigation. The officer shall have results of the investigation which indicate that the requirements of paragraph (3) are met.
61 Pa.C.S. § 1103 — PA Code / Title 61 / Chapter 11 / Section 1103
Recording system for identification of criminal offenders.
Status: in_force

(a) General rule.--The Pennsylvania State Police shall continue to procure and file for record photographs, pictures, descriptions, fingerprints and such other information pertaining to all persons who have been convicted of a criminal offense within this Commonwealth and also of all well-known and habitual criminal offenders, wherever they may be procured.

(b) Cooperation from chief administrators.--Chief administrators of correctional facilities shall furnish to the Pennsylvania State Police, upon request, the fingerprints, photographs and description of any inmate.

(c) Fingerprinting and photographing authorized.--

(1) The Pennsylvania State Police, chief administrators of correctional facilities and all police officers within the several political subdivisions of this Commonwealth may take or cause to be taken the fingerprints or photographs of any person in custody, charged with the commission of a criminal offense or reasonably believed to be a fugitive from justice or a habitual criminal. This paragraph shall not apply to persons charged with a violation of 75 Pa.C.S. (relating to vehicles) which is punishable upon conviction in a summary proceeding unless the person is reasonably believed to be a fugitive from justice or a habitual criminal.

(2) The chiefs of law enforcement bureaus of all cities within this Commonwealth shall furnish daily to the Pennsylvania State Police copies of the fingerprints and, if possible, photographs of any person arrested within their jurisdiction charged with the commission of a criminal offense classified as a felony of any degree or who is reasonably believed to be a fugitive from justice or a habitual criminal. Such fingerprints shall be taken on forms furnished or approved by the Pennsylvania State Police.

(3) The Pennsylvania State Police, immediately upon the receipt of records under this subsection, shall compare them with those already in their files and, if they find that any person arrested has a previous criminal record or is a fugitive from justice, shall immediately inform the arresting

officer or the officer having the inmate in charge of that fact.

(d) Cooperation outside this Commonwealth.--The Pennsylvania State Police shall cooperate with agencies of other states and of the United States having similar powers to develop and carry on a complete international, national and interstate system of criminal identification and investigation and also to furnish, upon request, any information in its possession concerning any person charged with a criminal offense to any court, district attorney or police officer of this Commonwealth, another state or the United States.

(e) District attorneys may employ experts.--

(1) District attorneys may employ experts on fingerprints to assist them in the investigation of pending cases and to testify at the trial thereof. The compensation of any such expert shall be fixed by the district attorney employing the expert, with the approval of the court of common pleas, and shall be paid from the county treasury upon warrant of the county commissioners in the usual manner.

(2) The district attorney of any county, the chief administrator of a county correctional institution, any expert employed by the district attorney or any other person designated by the district attorney may, upon the written order of the district attorney, take the fingerprints of any person confined in the county correctional institution for use in the identification of the inmate or for the inmate's trial.

(3)

(i) The district attorneys of the several counties shall keep and arrange files of the fingerprints, taken under this section, of persons convicted of a criminal offense and shall destroy the fingerprints of all persons acquitted.

(ii) The files of fingerprints maintained by the district attorneys shall be open to the inspection of any other district attorney of this Commonwealth, or their representatives, or of the Pennsylvania State Police or any sheriff or law enforcement officer.

(f) Penalty.--

(1) Neglect or refusal of any person mentioned in this section to make the report required in this section, or to do or perform any other act required to be done or performed in connection with the operation of this section, shall constitute a summary offense.

(2) Such neglect or refusal shall also constitute malfeasance in office and subject such person to removal from office.

(3) Any person who removes, destroys or mutilates any of the records of the Pennsylvania State Police or of any district attorney shall be guilty of a misdemeanor of the third degree.
61 Pa.C.S. § 6132 — PA Code / Title 61 / Chapter 61 / Section 6132
Specific powers of board involving offenders.
Status: in_force

(a) General rule.--The board shall have exclusive power:

(1)

(i) To parole and reparole, commit and recommit for violations of parole and to discharge from parole all persons sentenced by any court at any time to imprisonment in a State correctional institution pursuant to 42 Pa.C.S. § 9762 (relating to sentencing proceeding; place of confinement).

(ii) This paragraph applies to inmates sentenced to definite or flat sentences.

(2)

(i) (Deleted by amendment).

(ii) Except for such special cases, the powers and duties conferred by this section shall not extend to persons sentenced for a maximum period of less than two years and shall not extend to those persons committed to county confinement within the jurisdiction of the court pursuant to 42 Pa.C.S. § 9762 (relating to sentencing proceeding; place of confinement).

(3) To establish special conditions of supervision for paroled offenders. Conditions of supervision must be based on the risk presented by and the rehabilitative needs of the offender. Conditions may be modified pursuant to section 6171 (relating to powers and duties of department) or if the board or its designee consents to such modification.

(4) To promulgate regulations establishing general conditions of supervision applicable to every paroled offender.

(b) Construction.--Nothing contained in this section shall be construed to prevent a court from paroling any person sentenced by it for a maximum period of less than two years and housed in a county correctional facility or from paroling an offender committed to county confinement pursuant to 42 Pa.C.S.
61 Pa.C.S. § 3303 — PA Code / Title 61 / Chapter 33 / Section 3303
Medical Services Program.
Status: in_force

(a) Establishment.--The Medical Services Program is established in the department which shall include, but not be limited to, the provisions of this chapter. The program shall be a copay program requiring inmates to pay a fee to cover a portion of the actual costs of the medical services provided.

(b) Fees.--

(1) The department shall develop by regulation a program for inmates which includes fees for certain medical services. The regulations shall provide for consistent medical services guidelines by specifying the medical services which are subject to fees, the fee amounts, payment procedures, medical services which are not subject to fees and fees applicable to medical emergencies, chronic care and preexisting conditions.

(2) In addition to other medical services provided to the inmate, an inmate may be required to pay a fee for medical services provided because of injuries the inmate inflicted upon himself or another inmate.

(c) Explanation of program.--Each inmate shall be advised of the medical services fees and payment procedures at the time of intake. An explanation of the program regulations shall be included in the inmate handbook.

(d) Written notice of changes.--Each inmate shall receive written notice of any changes in medical services fees and payment procedures and an initial written notice of the program's implementation.

(e) Payment for medical services.--

(1) No inmate shall be denied access to medical services because of an inability to pay the required fees.

(2) The department shall devise and implement a program whereby inmates of State correctional institutions who have medical insurance shall pay for their own medical needs through that insurance. This program shall be contained in regulations promulgated by the department.

(f) Fee debits.--An inmate shall acknowledge in writing any debit made to his inmate account for a medical services fee.

(g) Deposits.--Medical services fees collected under this chapter shall be deposited in the General Fund. Cross References. Section 3303 is referred to in sections 3302, 3304 of this title.
61 Pa.C.S. § 6163 — PA Code / Title 61 / Chapter 61 / Section 6163
Confidentiality.
Status: in_force

(a) Maintenance.--Members of the Parolee Homicide Review Team shall maintain the confidentiality of any identifying information obtained relating to this section.

(b) Agreement.--Each member of the Parolee Homicide Review Team shall sign a confidentiality agreement applicable to all reviews conducted by the Parolee Homicide Review Team.

(c) Liability.--An individual, agency or entity that in good faith provides information or records to the Parolee Homicide Review Team shall not be subject to civil or criminal liability as a result of providing the information or record.

(d) Discovery.--The discussions, deliberations and records of the Parolee Homicide Review Team are privileged and confidential and shall not be subject to discovery, subpoena or introduction into evidence in any civil or criminal action.

(e) Right-to-Know Law.--The provisions of this chapter shall not be subject to the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

(f) Meetings.--Meetings of the Parolee Homicide Review Team shall be closed to the public and shall not be subject to the provisions of 65 Pa.C.S. Ch. 7 (relating to open meetings).

(g) Penalty.--A person who violates the provisions of this section commits a misdemeanor of the third degree.
61 Pa.C.S. § 6140 — PA Code / Title 61 / Chapter 61 / Section 6140
Victim statements, testimony and participation in hearing.
Status: in_force

(a) Duty of district attorney to provide notice.--

(1) The victim of the offense for which an offender is sentenced shall be notified by the district attorney immediately following sentencing, in cases where the defendant has been sentenced to a term of imprisonment, that the victim and family member shall have the opportunity to present a statement for the parole report to be considered at the parole hearing or to testify to the board expressing his opinion concerning the release of the offender.

(2) The district attorney shall provide notice to a member of the immediate family of the victim if the victim:

(i) is a juvenile;

(ii) is incapable of testifying; or

(iii) died as a result of the offender's conduct.

(b) Notice of intent to submit statement.--In order to submit a statement under subsection (a), a victim and family member must notify the board through the Office of Victim Advocate of the victim's and family member's intention to do so and provide and keep current an appropriate mailing address with the Office of Victim Advocate.

(c) Contents of parole statement.--The parole statement may include discussion concerning:

(1) The continuing nature and extent of any physical harm or psychological or emotional harm or trauma suffered by the victim.

(2) The extent of any loss of earnings or ability to work suffered by the victim.

(3) The continuing effect of the crime upon the victim's family.

(d) Notice to persons who previously contacted the Office of Victim Advocate.--

(1) At the time public notice is given that an offender is being considered for parole pursuant to this section, the Office of Victim Advocate shall also notify any victim or nearest relative who has previously contacted the Office of Victim Advocate of the opportunity to provide a statement for inclusion in the parole report or to present testimony for inclusion at the parole hearing.

(2) The Office of Victim Advocate shall notify the victim and family member identified under paragraph (1) at that person's last known mailing address. The notification required by this section shall be given by the Office of Victim Advocate in the case of a parole to be granted pursuant to section 6139 (relating to parole procedure) or by the court in the case of a parole to be granted pursuant to section 6172 (relating to probation services).

(e) Notice of intent to present testimony.--The victim and family member shall notify the Office of Victim Advocate which shall notify within 30 days from the date of the notice of his intent to present testimony at the parole hearing. This time period may be waived by the Office of Victim Advocate for good cause.

(f) Referral to hearing examiner.--If the victim and family member submits a written statement to the board through the Office of Victim Advocate subsequent to notice, the statement shall be made a part of the board's file on the offender, and the offender's case shall be referred to a hearing examiner designated to conduct parole release hearings.

(g) Assignment to hearing examiner.--If the victim and family member informs the board through the Office of Victim Advocate subsequent to notice being provided that they intend to testify, the chairperson shall assign the offender's case to a hearing examiner for the purpose of receiving the person's testimony.

(h) Hearing procedure.--

(1) The assigned hearing examiner shall conduct a hearing within 30 days from the date the board received notification of the intent to offer testimony.

(2) The hearing shall be conducted at a time and place and on a date determined by the chairperson or designee. Notice of the time, place and date of the hearing shall be provided by the Office of Victim Advocate to the victim and family member, in writing, and shall be provided at least ten days prior to the hearing date.

(3) The hearing shall be recorded by an electronic recording device.

(4) The hearing examiner shall prepare a written statement within a reasonable time prior to the hearing date. A copy of the statement shall be forwarded to the person offering testimony. A copy of the report shall be made a part of the board's file on the offender.

(5) Upon completion of the written statement, the offender's case shall be referred to a hearing examiner designated to conduct parole release hearings.

(6)

(i) The hearing scheduled pursuant to this section shall be conducted, when possible, prior to a parole release hearing and prior to the board rendering a decision.

(ii) Nothing in this section shall be construed to preclude the board from conducting a timely parole release hearing.

(7) After submission of the statement, the board shall within a reasonable time:

(i) Evaluate the information provided.

(ii) Determine whether the decision shall be affirmed or modified.

(iii) Determine whether a rescission hearing shall be conducted.

(iv) Notify the offender in writing of its decision.

(8) Notwithstanding any other provision of law, any and all statements or testimony of the victim and family member submitted to the board or the Office of Victim Advocate pertaining to:

(i) the continuing nature and extent of any physical harm or psychological or emotional harm or trauma suffered by the victim;

(ii) the extent of any loss of earnings or ability to work suffered by the victim; and

(iii) the continuing effect of the crime upon the victim's family:

(A) Shall be deemed confidential and privileged.

(B) Shall not be subject to subpoena or discovery.

(C) Shall not be introduced into evidence in any judicial or administrative proceeding.

(D) Shall not be released to the offender.

(9) All records maintained by the board or the Office of Victim Advocate 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.

(10) 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.

(11) A victim and the family member who has submitted a written statement for the parole report or testified at a hearing pursuant to this section shall be notified by the board through the Office of Victim Advocate of the final decision rendered in the offender's case.

(12) If the final decision is to not release the offender and if, subsequent to that decision, additional parole release hearings are conducted for that same offender, then the victim and family member who has submitted a written statement for the parole report or who has testified at a hearing pursuant to this section shall be notified by the board through the Office of Victim Advocate at the last known address if and when additional parole hearings are scheduled by the board.

(i) Victim and family member.--The term "victim and family member" shall be interpreted and applied to include all victims and family members and shall not be interpreted or applied to exclude any victim, victim's representative or family member who wishes to submit a statement, testify or otherwise participate under this section. (Oct. 27, 2010, P.L.931, No.95, eff. imd.; Dec. 18, 2019, P.L.776, No.115, eff. imd.; June 30, 2021, P.L.260, No.59, eff. imd.) Cross References. Section 6140 is referred to in sections 6134.1, 6135, 6139, 6173 of this title.
61 Pa.C.S. § 6101 — PA Code / Title 61 / Chapter 61 / Section 6101
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:

"Agent." A State parole agent appointed by the department.

"Board." The Pennsylvania Parole Board.

"Community corrections center." A residential program that is supervised and operated by the department in accordance with
61 Pa.C.S. § 7122 — PA Code / Title 61 / Chapter 71 / Section 7122
Supervision of persons paroled by other states.
Status: in_force

(a) General rule.--In compliance with the Federal interstate compact laws and the provisions of this section, the department may supervise persons who are paroled by other states and reside in this Commonwealth, where such other states agree to perform similar services for the department.

(b) Witness Protection Program.--The department may relinquish jurisdiction over an offender to the proper Federal authorities where the offender is placed into the Witness Protection Program of the United States Department of Justice.

(c) Applicability.--The provisions of this section shall apply only to those persons under the supervision of the department.

(d) Contracting state obligations.--The contracting state must adhere to this Commonwealth's laws regarding the interstate compact, which are as follows:

(1) The contracting state solemnly agrees that it is competent for the duly constituted judicial and administrative authorities of a state party to the compact, referred to as the "sending state," to permit any person

convicted of an offense within such state and placed on probation or released on parole to reside in any other state, referred to as the "receiving state," while on probation or parole if:

(i) A confirmed offer of viable employment or other verifiable means of support exists.

(ii) A residence approved by the sending state shall be available.

(2) The following information must be made available to the receiving state from the sending state at the time the application for acceptance to the receiving state shall be filed:

(i) Institutional adjustment information on parolees or probationers.

(ii) Current supervision history on parolees or probationers.

(iii) A psychological report or psychological update, completed no more than one year prior to the receiving state's consideration, for persons convicted of a violent offense.

(iv) The following information must be made available to the receiving state for those cases defined as a sexual offense:

(A) A summary of any type of treatment received and dates of completion.

(B) A description of behavioral characteristics that may have contributed to the parolee or probationer's conduct.

(3) Any parolee or probationer convicted of a sexual offense shall be required to:

(i) Submit to mandatory registration and public notification of all current addresses with the Pennsylvania State Police.

(ii) Provide a signed copy of the "Pennsylvania State Police Sexual Offender Registration Notification" form and the "Pennsylvania State Police Sexual Offender Registration" form to the receiving state.

(iii) Provide a signed copy of "Addendum to Application for Compact Services/Agreement to Return" form to the receiving state.

(4) Except as provided in this subsection, the receiving state shall not consider the acceptance of supervision if the parolee is already physically present in this Commonwealth. Investigation and consideration of a case shall occur only after the parolee returns to the sending state and proper application is filed. The receiving state may consider the acceptance of supervision if the probationer is already physically present in this Commonwealth, where the probationer has established domicile in the receiving state before adjudication on the criminal offense.

(5) Electronic monitoring or other special conditions, or both, of supervision shall be imposed as deemed necessary by the receiving state.

(6) At the request of the receiving state, the sending state shall agree to retake the parolee or probationer if that individual violates any condition of probation or parole.

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

"Board." (Deleted by amendment).

"Other verifiable means of support." The term includes, but is not limited to, support by a parent, grandparent, sibling, spouse or adult child. The term does not include public assistance.

"Sexual offense."

(1) Any of the following offenses or an equivalent offense that is classified as a felony and involves a victim who is a minor: 18 Pa.C.S. § 2901 (relating to kidnapping). 18 Pa.C.S. § 5902(a) (relating to prostitution and related offenses). 18 Pa.C.S. § 5903(a)(3), (4), (5) or (6) (relating to obscene and other sexual materials and performances).

(2) Any of the following offenses or an equivalent offense that is classified as a felony and involves a victim who is younger than 13 years of age: 18 Pa.C.S. § 3126 (relating to indecent assault).

(3) Any of the following offenses or an equivalent offense, regardless of the victim's age: 18 Pa.C.S. § 3121 (relating to rape). 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual intercourse). 18 Pa.C.S. § 3125 (relating to aggravated indecent assault).

"Violent offense."

(1) Any of the following offenses or an equivalent offense: 18 Pa.C.S. § 2502 (relating to murder). 18 Pa.C.S. § 2503 (relating to voluntary manslaughter). 18 Pa.C.S. § 2702 (relating to aggravated assault). 18 Pa.C.S. § 2703 (relating to assault by prisoner). 18 Pa.C.S. § 2704 (relating to assault by life prisoner). 18 Pa.C.S. § 2901 (relating to kidnapping) where the victim is a minor. 18 Pa.C.S. § 3121 (relating to rape). 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual intercourse). 18 Pa.C.S. § 3301 (relating to arson and related offenses). 18 Pa.C.S. § 3502 (relating to burglary). 18 Pa.C.S. § 3701 (relating to robbery). 18 Pa.C.S. § 3923 (relating to theft by extortion) where a threat of violence is made.

(2) A criminal attempt, criminal solicitation or criminal conspiracy to commit any offenses set forth in this definition.

"Other verifiable means of support." (Deleted by amendment). (June 30, 2021, P.L.260, No.59, eff. imd.) 2021 Amendment. Act 59 amended subsecs. (a), (b), (c) and

(e). Cross References. Section 7122 is referred to in section 7123 of this title.
61 Pa.C.S. § 1775 — PA Code / Title 61 / Chapter 17 / Section 1775
Exemption from taxation.
Status: in_force

All the property, real and personal, authorized to be held by counties under this subchapter shall be exempt from taxation.
61 Pa.C.S. § 3907 — PA Code / Title 61 / Chapter 39 / Section 3907
Completion of motivational boot camp program.
Status: in_force

Upon certification by the department of the inmate's successful completion of the program, the Pennsylvania Board of Probation and Parole shall immediately release the inmate on parole, notwithstanding any minimum sentence imposed in the case. The parolee will be subject to intensive supervision for a period of time determined by the board, after which the parolee will be subject to the usual parole supervision. For all other purposes, the parole of the inmate shall be as provided by Chapter 61 (relating to Pennsylvania Board of Probation and Parole). References in Text. The Pennsylvania Board of Probation and Parole, referred to in this section, was renamed the Pennsylvania Parole Board by the act of June 30, 2021 (P.L.260, No.59).
61 Pa.C.S. § 1742 — PA Code / Title 61 / Chapter 17 / Section 1742
Appointment of prison commissioners.
Status: in_force

Whenever the appointment of prison commissioners in any county having a population of more than 150,000 is by law lodged in the judges of the court of common pleas, the appointments shall, in all cases as nearly as possible, be equally divided between the two political parties polling the highest number of votes at the preceding general election.
61 Pa.C.S. § 6139 — PA Code / Title 61 / Chapter 61 / Section 6139
Parole procedure.
Status: in_force

(a) Specific requirements.--

(1) The board may, subject to the provisions and limitations set forth in section 6138 (relating to violation of terms of parole), grant parole on its own motion whenever in its judgment the interests of justice require the granting of parole.

(2) The board shall consider applications for parole by an offender or the offender's attorney.

(3) Notwithstanding the provisions of paragraph (2), the board shall not be required to consider nor dispose of an application by an offender or an offender's attorney where a parole decision has been issued by the board on that case

within one year of the date of the current application for parole.

(3.1) Notwithstanding paragraphs (2) and (3), the board shall not be required to consider nor to dispose of an application by an offender or an offender's attorney in the case of an offender sentenced under 18 Pa.C.S. § 1102.1 (relating to sentence of persons under the age of 18 for murder, murder of an unborn child and murder of a law enforcement officer) if a parole decision has been issued by the board within five years of the date of the current application.

(3.2) Nothing under this section shall be interpreted as granting a right to be paroled to any offender, and a decision by the board and its designees relating to an offender sentenced under 18 Pa.C.S. § 1102.1 may not be considered an adjudication under 2 Pa.C.S. Chs. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) and 7 Subch. A (relating to judicial review of Commonwealth agency action).

(3.3) The following apply:

(i) Notwithstanding the provisions of paragraphs

(2) and (3), if a parole decision has been issued by the board within three years of the date of the current application, the board shall not be required to consider nor dispose of an application by an offender or an offender's attorney in the case of an offender sentenced under any of the following provisions of 18 Pa.C.S. (relating to crimes and offenses): Section 2502(c) (relating to murder). Section 2503 (relating to voluntary manslaughter). Section 2901(a.1) (relating to kidnapping). Section 3011(b) (relating to trafficking in individuals). Section 3012 (relating to involuntary servitude). Section 3121 (relating to rape). Section 3122.1(b) (relating to statutory sexual assault). Section 3123 (relating to involuntary deviate sexual intercourse). Section 3124.1 (relating to sexual assault). Section 3124.2(a.1) (relating to institutional sexual assault). Section 3125 (relating to aggravated indecent assault). Section 3126(a)(7) (relating to indecent assault). Section 4302(b) (relating to incest).

(ii) Nothing under this paragraph shall be interpreted as granting a right to be paroled to any person, and a decision by the board and its designees relating to a person sentenced to an offense as set forth under this paragraph may not be considered an adjudication under 2 Pa.C.S. Chs. 5 Subch. A and 7 Subch. A.

(3.4) The following apply:

(i) Notwithstanding the provisions of paragraphs

(2) and (3), if a parole decision has been issued by the board within three years of the date of the current application, the board shall not be required to consider nor dispose of an application by an offender or an offender's attorney in the case of an offender designated

as a sexually violent predator under 42 Pa.C.S. Ch. 97 Subch. H (relating to registration of sexual offenders) or I (relating to continued registration of sexual offenders).

(ii) Nothing under this section shall be interpreted as granting a right to be paroled to any person, and a decision by the board and its designees relating to a person designated as a sexually violent predator may not be considered an adjudication under 2 Pa.C.S. Chs. 5 Subch. A and 7 Subch. A.

(4) Hearings of applications may be held by the board whenever in its judgment hearings are necessary. Reasonable rules and regulations shall be adopted by the board for the presentation and hearing of applications for parole.

(5) Whenever an offender is paroled by the board, or whenever parole is refused by the board, a brief statement of the reasons for the board's action shall be filed of record in the offices of the board and shall be at all reasonable times open to public inspection.

(6) In no case shall parole be granted unless a board member, hearing examiner or other person so designated by the board shall have seen and heard the offender in person in regard thereto within six months prior to the granting or dismissal thereof. Such in-person interviews may be conducted via videoconferencing or similar virtual presence technology. This requirement does not apply to paroles under section 6137.1 (relating to short sentence parole).

(7) The board shall dispose of an application within six months of its filing.

(b) Reliance on reports.--In granting and revoking paroles and in discharging from parole, the members of the board acting thereon shall not be required to personally hear or see all the witnesses and evidence submitted to them for their action, but they may act on the report submitted to them by the department's agents and employees, together with any pertinent and adequate information furnished to them by fellow members of the board or by others. In granting or revoking parole or bringing an alleged parole violator before a hearing examiner, the appearance may be conducted via videoconferencing or similar virtual presence technology. Notwithstanding any other provision of law to the contrary, a hearing examiner, hearing officer or member of the board charged with making the parole release decision shall be required to hear and see in person, without the use of videoconferencing or similar virtual presence technology, any in-person victim testimony under section 6140 (relating to victim statements, testimony and participation in hearing) or under section 502(b) of the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act. Nothing in this section shall be construed to limit or reduce the rights of victims under section 6140 or under section 502(b) of the Crime Victims Act.

(c) Notice to district attorney.--At least ten days before paroling an offender on its own motion, the board shall give written notice of the contemplated parole to the district attorney of the county in which the offender was sentenced, and, in cases of hearings on applications for parole as provided for in this section, at least ten days' written notice of the time and place fixed for such hearing shall be given either by the board or by the offender or the offender's attorney, as the board shall direct, to the court and district attorney of the county in which the offender was sentenced.

(Oct. 25, 2012, P.L.1655, No.204; Dec. 18, 2019, P.L.776, No.115, eff. 120 days; Nov. 25, 2020, P.L.1219, No.124, eff. imd.; June 30, 2021, P.L.260, No.59, eff. imd.) 2020 Amendment. See section 2 of Act 124 in the appendix to this title for special provisions relating to applicability. Cross References. Section 6139 is referred to in sections 6137.1, 6140 of this title.
61 Pa.C.S. § 1101 — PA Code / Title 61 / Chapter 11 / Section 1101
Benefits to injured employees of State correctional institutions.
Status: in_force

(a) General rule.--An employee of a State correctional institution who is injured during the course of that employment by an act of an inmate or by any person who has been committed to the State correctional institution by any court of the Commonwealth or by any provision of the act of July 9, 1976 (P.L.817, No.143), known as the Mental Health Procedures Act, shall be paid by the Commonwealth the employee's full salary until the disability arising from the injury no longer prevents the employee's return as an employee of the department at a salary equal to that earned by the employee at the time of the injury.

(b) Medical and hospital expenses.--All medical and hospital expenses incurred in connection with an injury described in subsection (a) shall be paid by the Commonwealth until the disability arising from the injury no longer prevents the employee's return as an employee of the department at a salary equal to that earned by the employee at the time of the injury.

(c) Workers' compensation.--During the time salary for an injury described in subsection (a) shall be paid by the Commonwealth, any workers' compensation received or collected for the period shall be turned over to the Commonwealth and paid into the General Fund. If such payment is not made, the amount due the Commonwealth shall be deducted from any salary then or thereafter becoming due and owing to the employee.

(d) Survivor benefits.--

(1) The surviving spouse and minor dependents of an employee who dies within one year as a result of an injury described in subsection (a) shall be paid benefits equal to 50% of the full salary of the deceased employee.

(2)

(i) When a surviving spouse and minor dependents not in the custody of the surviving spouse are entitled to payments, 50% of the payments shall be paid to the surviving spouse and 50% to the dependents.

(ii) In every case, the amount payable to minor dependents shall be divided equally among them and be paid to the persons or institutions having custody of them.

(3)

(i) In the case of a surviving spouse or a surviving spouse with minor dependents in the custody of the surviving spouse, the benefits shall terminate when the surviving spouse remarries.

(ii) In the case of minor dependents, except when in the custody of a remarried surviving spouse, the benefits shall terminate when all of the minor dependents become 18 years of age.

(iii) Neither a surviving spouse nor minor dependents shall receive any benefits under this section

while receiving benefits under the Social Security Act (49 Stat. 620, 42 U.S.C. § 301 et seq.).

(4) The benefits provided under this subsection shall be reduced by the amount of any workers' compensation benefits received or collected by the surviving spouse or minor dependents because of the same injury.

(5) Payments for the benefit of minor dependents shall be made to the person having legal custody of them.

(e) Effect of injury on leave of absence.--No absence from duty of any State employee to whom this section applies by reason of any injury described in subsection (a) shall in any manner be deducted from any period of leave allowed the employee by law or by regulation.
61 Pa.C.S. § 1154 — PA Code / Title 61 / Chapter 11 / Section 1154
Law enforcement use of county correctional institutions.
Status: in_force

(a) General rule.--Sheriffs, constables, members of the Pennsylvania State Police and other persons authorized by the laws of this Commonwealth to make arrests shall have the use, for a period not to exceed 48 hours, of borough and township lockups and county correctional institutions for the detention of persons arrested until they can be disposed of according to law, if found necessary by the officer in charge.

(b) Reimbursement.--

(1) Boroughs, cities and townships are entitled to receive compensation of not more than $2 per day of 24 hours, for each prisoner detained under subsection (a), from the treasury of the county having jurisdiction over the person detained.

(2) This subsection does not apply to counties of the second class.
61 Pa.C.S. § 7102 — PA Code / Title 61 / Chapter 71 / Section 7102
Interstate Corrections Compact.
Status: in_force

The Interstate Corrections Compact is hereby enacted into law and entered into by this State with any other states legally joining therein in the form substantially as follows: INTERSTATE CORRECTIONS COMPACT
61 Pa.C.S. § 5907 — PA Code / Title 61 / Chapter 59 / Section 5907
Oleoresin capsicum spray.
Status: in_force

(a) Issuance.--The department shall issue, on a routine basis, oleoresin capsicum spray to:

(1) Any officer or employee of the department who:

(i) is employed by and on duty in a State correctional institution; and

(ii) may respond to an emergency situation.

(2) To additional officers and employees of a State correctional institution as the department determines appropriate, in accordance with this section.

(b) Training.--The following shall apply:

(1) In order for an officer or employee of the department, including a corrections officer, to be eligible to receive and carry oleoresin capsicum spray under this section, the officer or employee shall complete a training course in accordance with department policy on the use of oleoresin capsicum spray.

(2) An officer or employee of the department who completes a training course under paragraph (1) and subsequently transfers to employment at a different State correctional institution shall not be required to complete an additional training course solely due to the transfer.

(3) An officer or employee of the department who completes a training course required under paragraph (1) shall do so during the course of that officer's or employee's regular employment and shall be compensated at the same rate that the officer or employee would be compensated for conducting the officer's or employee's regular duties.

(c) Use of oleoresin capsicum spray.--Officers and employees of the department that are issued oleoresin capsicum spray under subsection (a) may use the spray in accordance with department policy, including:

(1) in any situation where verbal direction given to inmates has failed and staff may have to use physical force to maintain or regain control;

(2) when an inmate barricades or arms himself and cannot be approached without danger to personnel and the inmate; or

(3) when it is determined that a delay in establishing control would constitute a hazard to the inmate or other individuals or would result in a disturbance or property damage. (Nov. 21, 2016, P.L.1515, No.174, eff. 60 days) 2016 Amendment. Act 174 added section 5907.
61 Pa.C.S. § 6137 — PA Code / Title 61 / Chapter 61 / Section 6137
Parole power.
Status: in_force

(a) General criteria for parole.--

(1) The board may parole subject to consideration of guidelines established under 42 Pa.C.S. § 2154.5 (relating to adoption of guidelines for parole) or subject to section 6137.1 (relating to short sentence parole) and such information developed by or furnished to the board under section 6174 (relating to right of access to offenders), or both, and may release on parole any offender to whom the power to parole is granted to the board by this chapter, except an offender condemned to death or serving life imprisonment, whenever in its opinion:

(i) The best interests of the offender justify or require that the offender be paroled.

(ii) It does not appear that the interests of the Commonwealth will be injured by the offender's parole.

(2) Parole shall be subject in every instance to the Commonwealth's right to immediately retake and hold in custody without further proceedings any offender charged after his parole with an additional offense until a determination can be made whether to continue his parole status.

(3) The power to parole granted under this section to the board may not be exercised in the board's discretion at

any time before, but only after, the expiration of the minimum term of imprisonment fixed by the court in its sentence or by the Board of Pardons in a sentence which has been reduced by commutation.

(3.1)

(i) Following the expiration of the offender's minimum term of imprisonment, if the primary reason for not paroling the offender is the offender's inability to access and complete prescribed programming within the correctional institution, the board may release the offender on parole with the condition that the offender complete the prescribed programming while on parole.

(ii) This paragraph shall not apply to offenders who are currently serving a term of imprisonment for a crime of violence as defined in 42 Pa.C.S. § 9714 (relating to sentences for second and subsequent offenses) or for a crime requiring registration under 42 Pa.C.S. Ch. 97 Subch. H (relating to registration of sexual offenders).

(iii) For those offenders to whom subparagraph (ii) is applicable, the board may release the offender on parole if the offender is subject to another jurisdiction's detainer, warrant or equivalent writ.

(4) Unless the offender has served at least one year in a community corrections center or community corrections facility, the board shall not act upon an application of an offender who is granted clemency by the Governor, is subject to parole supervision and:

(i) whose term of imprisonment was commuted from life to life on parole;

(ii) who was serving a term of imprisonment for a crime of violence; or

(iii) who is serving a sentence under 42 Pa.C.S. § 9712 (relating to sentences for offenses committed with firearms).

(5) Upon parole, an offender subject to paragraph (4) shall:

(i) be subject to weekly supervision for the first six months of parole; and

(ii) have any violations of a condition of parole immediately made known to the Board of Pardons. This subparagraph shall apply to all offenders under supervision by other jurisdictions under Subchapter B of Chapter 71 (relating to interstate compact for the supervision of adult offenders).

(b) Cases involving deviations from guidelines.--In each case in which the board deviates from the guidelines established under 42 Pa.C.S. § 2154.5, the board shall provide a contemporaneous written statement of the reason for the deviation from the guidelines to the commission as established under 42 Pa.C.S. § 2153(a)(14) (relating to powers and duties). The board may develop and use internal decisional instruments. This subsection shall not be construed to prevent the board from also developing forms or other documents, policies and procedures consistent with this chapter, including internal decisional instruments.

(c) Administrative parole.--(Deleted by amendment).

(d) Recidivism risk reduction incentive minimum.--The board shall have the power and its duty shall be to comply with the requirements of section 4506 (relating to recidivism risk reduction incentive minimum).

(d.1) Short sentence parole.--The board shall have the power and its duty shall be to comply with the requirements of section 6137.1 (relating to short sentence parole).

(e) Drug screening tests.--

(1) The department may not release an offender on parole unless the offender achieves a negative result within 45 days prior to the date of release in a screening test approved by the Department of Health for the detection of the presence of controlled substances or designer drugs under the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act.

(2) (Deleted by amendment).

(3) Every offender who is released on parole who, prior to release, tested positive for the presence of a controlled substance or a designer drug or who was paroled from a sentence arising from a conviction under The Controlled Substance, Drug, Device and Cosmetic Act or from a drug-related crime, shall, without further action of the board, be subject to an ongoing condition that the offender achieve negative results in drug screening tests randomly applied.

(i) (Deleted by amendment).

(ii) (Deleted by amendment).

(iii) (Deleted by amendment).

(4) For an offender who was not paroled from a sentence arising from a conviction under The Controlled Substance, Drug, Device and Cosmetic Act or from a drug-related crime, the board may establish, as a condition of supervision, that the offender achieve negative results in drug screening tests randomly conducted. The offender shall be responsible for testing costs.

(f) Crimes of violence.--The board may not order the release of an offender on parole who is sentenced after February 19, 1999, and is serving a sentence for a crime of violence unless the offender has received instruction from the department on the impact of crime on victims and the community.

(g) Procedures for Recidivism Risk Reduction Incentive.--

(1) The department shall identify all offenders committed to the custody of the department that meet the definition of an eligible offender.

(2) Upon identification of an inmate as an eligible offender, as defined under section 4503 (relating to definitions), the department shall send notice to the board. The board shall send notice to the prosecuting attorney and the court no less than six months before the expiration of the offender's minimum sentence indicating that the department has preliminarily identified the offender as an eligible offender. The notice shall be sent by United States mail unless the board, the court and the prosecutor have consented to receipt of notice via electronic means. For offenders committed to the department whose expiration of the minimum sentence is six months or less from the date of admission, the department shall give prompt notice.

(2.1) The department shall provide the board all information related to the offender's adjustment while incarcerated, misconducts, if any, information related to programming and treatment, including success, completion or failure to complete, or any other information the department deems relevant. The board shall send such information to the prosecuting attorney and to the court no less than six months before the expiration of the offender's minimum sentence. The notice may be sent electronically. For offenders

committed to the department whose expiration of the minimum sentence is six months or less from the date of admission, such information shall be sent at the same time prompt notice under paragraph (2) is given.

(3) Within 30 days of receipt of notice under paragraph

(2), the court or prosecuting attorney may file with the board a written objection to the department's preliminary identification of the offender as an eligible offender. Notice of the objection shall be provided to the department and the board.

(4) If no notice of objection has been filed under paragraph (3), the eligible offender shall be paroled at the minimum date upon a determination by the board or the board's designee that all of the following apply:

(i) The department certified that the offender has maintained a good conduct record and continues to remain an eligible offender under section 4503.

(ii) The reentry plan for the offender is adequate.

(iii) Individual conditions and requirements for parole have been established for the offender.

(iv) There is no reasonable indication that the offender poses a risk to public safety.

(5) If the court or prosecuting attorney files a timely objection under paragraph (3), the board shall make a determination as to whether the offender is an eligible offender. The board shall notify the department, prosecuting attorney and court of its determination no later than 30 days prior to the minimum parole date. If the board determines that the offender is an eligible offender under this chapter, the board shall follow the provisions under paragraph (4). If the board determines that the offender is not an eligible offender under section 4503 (relating to definitions), the board shall retain exclusive jurisdiction to grant parole and shall determine whether the offender should be paroled at the minimum date, paroled at a later date or denied parole.

(6) Nothing in this subsection shall be construed as granting a right to be paroled to any person, and any decision by the board and its designees or the department, under this section shall not be considered an adjudication under 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) and Ch. 7 Subch. A (relating to judicial review of Commonwealth agency action).

(7) Except as provided under this subsection, nothing in this chapter shall otherwise affect the powers and duties of the board or the department.

(h) Power to recommit.--

(1) The board may, during the period for which an offender shall have been sentenced, recommit the offender, if paroled, for violation of the terms and conditions of his parole and from time to time to reparole and recommit in the same manner and with the same procedure as in the case of an original parol or recommitment if, in the judgment of the board:

(i) There is a reasonable probability that the offender will be benefited by paroling the offender again.

(ii) It does not appear that the interests of the Commonwealth will be injured by paroling the offender again.

(2) In exercising these powers, the board shall consider any applicable recommitment ranges established by the

commission under 42 Pa.C.S. § 2154.6 (relating to adoption of recommitment ranges following revocation of parole by board).

(i) Cases involving deviations from guidelines.--In each case in which the board deviates from the recommitment ranges established under 42 Pa.C.S. § 2154.6, the board shall provide a contemporaneous written statement of the reason for the deviation from the recommitment ranges to the commission, as established under 42 Pa.C.S. § 2153(a)(14).

(j) Notice to county probation department.--When the board releases an offender from a correctional facility, the board shall provide written notice to the probation department located in the county where the sentencing order was imposed of the release and new address of the offender.

(k) Definitions.--(Deleted by amendment). (Oct. 27, 2010, P.L.931, No.95, eff. imd.; Dec. 20, 2011, P.L.446, No.111, eff. one year; July 5, 2012, P.L.1050, No.122, eff. July 1, 2013; Dec. 18, 2019, P.L.776, No.115; June 30, 2021, P.L.260, No.59, eff. imd.) Cross References. Section 6137 is referred to in sections 4506, 6113, 6137.1 of this title.
61 Pa.C.S. § 3704 — PA Code / Title 61 / Chapter 37 / Section 3704
Salaries and wages of inmates (Repealed).
Status: repealed

2012 Repeal. Section 3704 was repealed July 5, 2012, P.L.1050, No.122, effective July 1, 2013.
61 Pa.C.S. § 1790 — PA Code / Title 61 / Chapter 17 / Section 1790
Employment of inmates.
Status: in_force

(a) General rule.--An inmate committed to a joint industrial farm and workhouse under the provisions of this subchapter, unless disqualified by sickness or otherwise, shall be kept at some useful employment as may be suited to the inmate's age and capacity and as may be most profitable to the joint industrial farm and workhouse and tend to promote the best interest of the inmate. If an inmate refuses to perform the work assigned to the inmate or is guilty of other acts of insubordination, the chief administrator shall punish the inmate in such manner as the rules and regulations provided for may prescribe. The chief administrator shall keep a record of and report to the advisory board all such offenses and punishments.

(b) Pay schedule and inmate accounts.--All inmates shall receive compensation for their work.

(1) Those inmates employed on institutional maintenance and nonproductive labor shall receive not more than 20¢ per day and not less than 10¢ per day.

(2) Those inmates employed on productive work shall receive not more than 50¢ per day and not less than 20¢ per day.

(3) The earnings of an inmate shall be credited to the inmate's account, and disbursements made on approval of the chief administrator of the institution and the written order of the inmate, except, when an inmate is committed for nonsupport, the court which sentenced the prisoner shall order payment of the earnings. At time of release or discharge, the inmate shall receive all moneys remaining in the inmate's account and give receipt for the same.
61 Pa.C.S. § 6162 — PA Code / Title 61 / Chapter 61 / Section 6162
Members.
Status: in_force

(a) Permanent members.--The Parolee Homicide Review Team shall consist of the following individuals or their designees:

(1) The Secretary of Corrections, who shall chair the Parolee Homicide Review Team.

(2) The chair of the Pennsylvania Board of Probation and Parole.

(3) The commissioner of the Pennsylvania State Police.

(4) Three district attorneys selected by the Pennsylvania District Attorneys Association. Each district attorney shall be from different regions of this Commonwealth.

(5) Three chief county probation officers selected by the County Probation Officers Association. Each chief county probation officer shall be from different regions of this Commonwealth.

(6) The executive director of the Pennsylvania Commission on Sentencing.

(7) The Attorney General.

(8) The executive director of the Pennsylvania Chiefs of Police Association.

(9) The victim advocate.

(10) No more than two professors of law with expertise in criminal justice, appointed by the Governor.

(11) A representative from the Administrative Office of Pennsylvania Courts, appointed by the Chief Justice.

(12) A representative of a local victim services organization, appointed by the Governor.

(13) The executive director of the Pennsylvania Commission on Crime and Delinquency.

(b) Ad hoc members.--The chair, in consultation with and approval of the other members of the Parolee Homicide Review Team, may invite other relevant individuals to serve on an ad hoc basis and participate as full members of the review team for a particular review. These individuals may include individuals with particular expertise that would be helpful to the review panel or representatives of organizations or agencies that had contact with or provided services to the homicide victim or the alleged perpetrator. References in Text. The Pennsylvania Board of Probation and Parole, referred to in subsec. (a)(2), was renamed the Pennsylvania Parole Board by the act of June 30, 2021 (P.L.260, No.59).
61 Pa.C.S. § 3503 — PA Code / Title 61 / Chapter 35 / Section 3503
(Reserved).
Status: reserved

Prior Provisions. Former section 3503, which related to rights of 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. § 1733 — PA Code / Title 61 / Chapter 17 / Section 1733
Appointment of warden and employees.
Status: in_force

The board shall appoint a warden of the county correctional institution. The warden, subject to the approval of the board, may appoint such deputy or deputies, assistant or assistants or corrections officers as may be required in the taking care of the county correctional institution. The number and compensation of such deputies, assistants or corrections officers shall be fixed by the county salary board.
61 Pa.C.S. § 3305 — PA Code / Title 61 / Chapter 33 / Section 3305
Costs outstanding upon release.
Status: in_force

(a) Right to seek recovery of costs.--The department may seek to recover any amount owed for medical services fees by an inmate upon release from prison through a civil action brought within one year of the inmate's release. The department shall have the burden to prove the amount owed.

(b) Defense.--An inmate's inability to pay as determined by the court shall be a defense to the payment of part or all of the fees.
61 Pa.C.S. § 6138 — PA Code / Title 61 / Chapter 61 / Section 6138
Violation of terms of parole.
Status: in_force

(a) Convicted violators.--

(1) The board may, at its discretion, revoke the parole of a paroled offender if the offender, during the period of parole or while delinquent on parole, commits a crime

punishable by imprisonment, for which the offender is convicted or found guilty by a judge or jury or to which the offender pleads guilty or nolo contendere at any time thereafter in a court of record.

(1.1) In addition to paragraph (1), a parolee under the jurisdiction of the board released from a correctional facility who, during the period of parole or while delinquent on parole, commits a crime punishable by imprisonment for which the parolee is convicted or found guilty by a judge or jury or to which the parolee pleads guilty or nolo contendere or of any misdemeanor of the third degree or of any of the following offenses where graded as a summary offense, may at the discretion of the board be recommitted as a parole violator:

(i) Possession of a firearm in a court facility under 18 Pa.C.S. § 913(b)(3) (relating to possession of firearm or other dangerous weapon in court facility).

(ii) Harassment under 18 Pa.C.S. § 2709 (relating to harassment).

(iii) Retail theft under 18 Pa.C.S. § 3929 (relating to retail theft).

(iv) Disorderly conduct under 18 Pa.C.S. § 5503 (relating to disorderly conduct).

(v) Public drunkenness under 18 Pa.C.S. § 5505 (relating to public drunkenness and similar misconduct).

(vi) Cruelty to animals under 18 Pa.C.S. § 5533 (relating to cruelty to animal).

(vii) Aiding or abetting a minor to commit truancy under 18 Pa.C.S. § 6301 (relating to corruption of minors).

(viii) Selling or furnishing nonalcoholic beverages to minors under 18 Pa.C.S. § 6310.7 (relating to selling or furnishing nonalcoholic beverages to persons under 21 years of age).

(2) If the offender's parole is revoked, the offender shall be recommitted to serve the remainder of the term which the offender would have been compelled to serve had the parole not been granted and, except as provided under paragraph (2.1), shall be given no credit for the time at liberty on parole.

(2.1) The board may, in its discretion, award credit to an offender recommitted under paragraph (2) for the time spent at liberty on parole, unless any of the following apply:

(i) The crime committed during the period of parole or while delinquent on parole is a crime of violence or a 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).

(ii) The offender was recommitted under section 6143 (relating to early parole of offenders subject to Federal removal order).

(2.2) Credit awarded under paragraph (2.1) is subject to forfeiture under this section if an offender is subsequently recommitted as a convicted parole violator.

(2.3) A parolee is at liberty on parole when the parolee is residing at a community corrections center, community corrections facility or group-based home for purposes of this section. This paragraph does not apply to parolees detained on the board's warrant or recommitted as a technical parole violator to a community corrections center or community corrections facility.

(3) The board may, in its discretion, reparole whenever, in its opinion, the best interests of the offender justify or require the offender's release on parole and it does not appear that the interests of the Commonwealth will be injured thereby.

(4) The period for which the offender is required to serve shall be computed by the board and shall begin on the date that the parole violator is taken into custody to be returned to the institution as an offender.

(5) If a new sentence is imposed on the offender, the service of the balance of the term originally imposed by a Pennsylvania court shall precede the commencement of the new term imposed in the following cases:

(i) If a person is paroled from a State correctional institution and the new sentence imposed on the person is to be served in the State correctional institution.

(ii) If a person is paroled from a county prison and the new sentence imposed upon him is to be served in the same county prison.

(iii) In all other cases, the service of the new term for the latter crime shall precede commencement of the balance of the term originally imposed.

(5.1) If the offender is sentenced to serve a new term of total confinement by a Federal court or by a court of another jurisdiction because of a verdict or plea under paragraph (1), the offender shall serve the balance of the original term before serving the new term.

(6) Any offender upon recommitment to a correctional facility shall be sent to the institution designated by the secretary or a designee.

(i) (Deleted by amendment).

(ii) (Deleted by amendment).

(b) Subsequent arrest.--

(1) The formal filing of a charge after parole against an offender within this Commonwealth for any violation of the laws of this Commonwealth shall constitute an automatic detainer and permit the offender to be taken into and held in custody.

(2) The automatic detainer shall dissolve 15 days after the offender is taken into custody unless sooner waived or otherwise superseded by direction of the department or its designee.

(3) The automatic detainer shall be in addition to and not in lieu of any other detainer that prior to the effective date of this chapter may have been lodged in such circumstances.

(c) Technical violators.--

(1) Subject to paragraph (1.3), an offender under the jurisdiction of the board who violates the terms and conditions of his parole, other than a convicted violator who has parole revoked under subsection (a), may be detained pending a hearing before the board or waiver of the hearing or recommitted after a hearing before the board or a waiver of the hearing. Detention and recommitment under this paragraph shall be in a community corrections center, community corrections facility or any secured facility operated or contracted by the department.

(i) (Deleted by amendment).

(ii) (Deleted by amendment).

(iii) (Deleted by amendment).

(iv) (Deleted by amendment).

(v) (Deleted by amendment).

(1.1) (Deleted by amendment).

(1.2) Notwithstanding paragraph (1) and subject to paragraph (1.3), an offender under the jurisdiction of the board who violates the terms and conditions of his parole, other than a convicted parole violator who has parole revoked under subsection (a), may be arrested and detained without revocation of parole under a program to impose swift, predictable and brief sanctions. The program shall provide for immediate detention in a community corrections center, community corrections facility or any secured facility operated or contracted by the department for a period not to exceed seven days. The board shall adopt procedures governing appropriate detention under this paragraph, including identifying which offenders are eligible for the program and providing warnings to offenders to clearly communicate expectations and consequences.

(1.3) If the board determines that one of the following conditions is present regarding an offender who violates the terms and conditions of parole, the offender shall not be eligible for detention under paragraph (1.2) and shall be detained in or recommitted to a State correctional institution or contracted county jail:

(i) The violation was sexual in nature.

(ii) The violation involved assaultive behavior or included a credible threat to cause bodily injury to another.

(iii) The violation involved possession or control of a weapon.

(iv) The offender has absconded and the offender cannot be safely diverted to a community corrections center, community corrections facility or any secured facility operated or contracted by the department.

(v) There exists an identifiable threat to public safety, and the offender cannot be safely diverted to a community corrections center, community corrections facility or any secured facility operated or contracted by the department.

(vi) The violation involved an intentional and unexcused failure to adhere to recommended programming or conditions on more than three occasions, and the offender cannot be safely diverted to a community corrections center, community corrections facility or any secured facility operated or contracted by the department.

(1.4) Every offender's placement in a community corrections center, community corrections facility or parole violator center shall be subject to a condition that the offender comply with the rules of conduct applicable to the place where the offender is housed. The department may, at its discretion, place an offender accused of violating the rules of conduct in a State correctional institution or contracted county jail, pending an investigation or disciplinary hearing, or serve a disciplinary sanction under the department's procedures, or both.

(2) If the offender is recommitted under this subsection, the offender shall be given credit for the time served on parole in good standing but with no credit for delinquent time and may be reentered to serve the remainder of the original sentence or sentences. Credit awarded to a technical parole violator for time served on parole in good standing is subject to forfeiture if the offender is subsequently recommitted as a convicted parole violator.

(3) The remainder shall be computed by the board from the time the offender's delinquent conduct occurred for the unexpired period of the maximum sentence imposed by the court without credit for the period the offender was delinquent on parole. The offender shall serve the remainder so computed from the date the offender is taken into custody by the department's agent.

(4) Subject to subsection (e), the offender shall be subject to reparole by the board whenever in its opinion the best interests of the offender justify or require the offender being reparoled and it does not appear that the interests of the Commonwealth will be injured reparoling the offender.

(5) Parole violators shall be supervised in accordance with evidence-based practices that may include:

(i) Consideration of whether the offender poses a risk of safety to the community or himself.

(ii) The department's capacity to deliver programs that address criminal thinking behavior and related crime-producing factors.

(iii) Use of community-based sanctioning alternatives to incarceration.

(iv) Use of a graduated violation sanctioning process.

(v) Recommitment to:

(A) a State correctional institution;

(B) a contracted county jail;

(C) a community corrections center;

(D) a community corrections facility; or

(E) a parole violator center.

(6) (Deleted by amendment).

(7) (Deleted by amendment).

(8) An offender released from a county correctional facility by a parole order issued by a sentencing court, but supervised by the department, who violates the conditions of parole other than by the commission of a new crime of which the offender is convicted or found guilty by a judge or jury or to which the offender pleads guilty or nolo contendere in a court of record may be detained pending a hearing before the sentencing court or a waiver of the hearing. Detention and recommitment under this paragraph shall be to the county correctional facility from which the offender was released.

(d) Recommitment to correctional facility.--A technical parole violator recommitted to a State correctional institution or a contracted county jail under subsection (c) shall be recommitted as follows:

(1) If paroled from a county prison, to the same institution or to any other institution to which the offender may be legally transferred.

(2) If paroled from a State correctional institution, to any State correctional institution, parole violator center or contracted county jail designated by the department.

(3) Except as set forth in paragraph (4) or (5), the offender shall be recommitted for one of the following periods, at which time the offender shall automatically be reparoled without further action by the board:

(i) For the first recommitment under this subsection, a maximum period of six months.

(ii) For the second recommitment under this subsection for the same sentence, a maximum of nine months.

(iii) For the third or subsequent recommitment under this subsection for the same sentence, a maximum of one year.

(4) The offender may be reparoled by the board prior to expiration of the time period under paragraph (3) if the board determines that it is in the best interest of the Commonwealth and the offender.

(5) The time limit under paragraph (3) shall not be applicable to an offender who:

(i) committed a disciplinary infraction involving assaultive behavior, sexual assault, a weapon or controlled substances;

(ii) spent more than 90 days in segregated housing due to one or more disciplinary infractions; or

(iii) refused programming or a work assignment.

(e) Recommitment to community corrections center, community corrections facility or parole violator center.--

(1) A technical violator recommitted to a community corrections center, community corrections facility or parole violator center under subsection (c) shall be recommitted for a maximum period of six months, after which the offender shall automatically be reparoled without further action by the board.

(2) An offender under paragraph (1) may be reparoled by the board prior to expiration of the six-month period if the board determines that it is in the best interest of the Commonwealth and the offender.

(3) This subsection shall not apply to an offender who:

(i) commits a disciplinary infraction involving assaultive behavior, sexual assault, a weapon or controlled substances;

(ii) spends more than 61 days in segregated housing due to one or more disciplinary infractions;

(iii) refuses programming or a work assignment; or

(iv) is not in compliance with all legal requirements applicable to the offender, including, but not limited to, maintaining registration in any applicable sex offender registry.

(f) Definitions.--(Deleted by amendment). (Oct. 27, 2010, P.L.931, No.95, eff. imd.; July 5, 2012, P.L.1050, No.122; Dec. 18, 2019, P.L.776, No.115; 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. Cross References. Section 6138 is referred to in sections 102, 5003, 6139 of this title; section 2153 of Title 42 (Judiciary and Judicial Procedure).
61 Pa.C.S. § 1771 — PA Code / Title 61 / Chapter 17 / Section 1771
Cost of transporting inmates.
Status: in_force

The cost of transporting inmates committed to the joint detention facilities shall be paid by the counties, respectively, from which the inmates are committed. The sheriff of the county for inmates committed by the court and constables for inmates committed by magisterial district judges shall receive for the inmates committed to the joint detention facilities no mileage or travel expenses on writs, except the actual cost of transporting the inmates to the joint detention facilities, together with any other fees for their services allowed by law.
61 Pa.C.S. § 6303 — PA Code / Title 61 / Chapter 63 / Section 6303
County Probation Officers' Firearm Education and Training Commission.
Status: in_force

The County Adult Probation and Parole Advisory Committee established under the act of November 22, 1978 (P.L.1166, No.274), referred to as the Pennsylvania Commission on Crime and Delinquency Law, shall serve as the County Probation Officers' Firearm Education and Training Commission under this chapter, including assuming all of its funding, powers, duties and responsibilities under this chapter. (Dec. 18, 2019, P.L.776, No.115, eff. one year)
61 Pa.C.S. § 4603 — PA Code / Title 61 / Chapter 46 / Section 4603
County participation requirements.
Status: in_force

In order to be eligible for grant funding under the pilot program, a county must:

(1) Make application to the department in a form and manner as provided by the department.

(2) Have a county correctional institution with an institutional substance abuse treatment program that supports offenders transitioning from a county correctional institution to the community or offenders who are sentenced to serve county intermediate punishment sentences.

(3) Be able to contract with a provider as required under section 4604 (relating to use of grant funding).

(4) Meet any other requirements established by the department. Cross References. Section 4603 is referred to in section 4607 of this title.
61 Pa.C.S. § 4602 — PA Code / Title 61 / Chapter 46 / Section 4602
Establishment of pilot program.
Status: in_force

The Nonnarcotic Medication Assisted Substance Abuse Treatment Grant Pilot Program is established in the department to increase opportunities for counties to provide long-acting nonnarcotic, nonaddictive medication combined with comprehensive substance abuse treatment to eligible offenders upon release from county correctional institutions. Grants shall be limited to fiscal year 2015-2016 and awarded to counties eligible to participate in the pilot program within six months of the effective date of this section.
61 Pa.C.S. § 4307 — PA Code / Title 61 / Chapter 43 / Section 4307
Postmortem examination.
Status: in_force

(a) General rule.--Immediately after execution, a postmortem examination of the body of the inmate shall be made at the discretion of the coroner of the county in which the execution is performed. The coroner shall report the nature of any examination made. This report shall be annexed to and filed with the certificate required under section 4306 (relating to certification of chief administrator).

(b) Disposition of body.--After the postmortem examination, unless claimed by a relative or relatives, the department shall be responsible for disposition of the body.
61 Pa.C.S. § 101 — PA Code / Title 61 / Chapter 1 / Section 101
Short title of title.
Status: in_force

This title shall be known and may be cited as the Prisons and Parole Code.
61 Pa.C.S. § 6120 — PA Code / Title 61 / Chapter 61 / Section 6120
District office employees (Repealed).
Status: repealed

2021 Repeal. Section 6120 was repealed June 30, 2021, P.L.260, No.59, effective immediately.
61 Pa.C.S. § 1758 — PA Code / Title 61 / Chapter 17 / Section 1758
County recording system for pregnant and postpartum incarcerated individuals or detainees.
Status: in_force

(a) General rule.--Each of the following shall constitute an incident that qualifies as an extraordinary occurrence that must be reported to the department in the County Extraordinary Occurrence Monthly Report in accordance with sections 5905 (relating to healthy birth for incarcerated women) and 5905.1 (relating to restrictive housing prohibited for pregnant or postpartum incarcerated individuals and detainees):

(1) The application of restraints or placement in restrictive housing for a pregnant or postpartum incarcerated individual or detainee.

(2) An invasive body cavity search of a pregnant or postpartum incarcerated individual or detainee or inspection of a female incarcerated individual or detainee in a state of undress.

(3) The presence of male staff during labor or delivery of the pregnant incarcerated individual or detainee.

(b) Information to be included in County Extraordinary Occurrence Monthly Report.--

(1) (Deleted by amendment).

(2) (Deleted by amendment).

(3) The report for application of restraints or placement in restrictive housing for a pregnant or postpartum incarcerated individual or detainee shall require the following information:

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

(A) the incarcerated individual or detainee represented a substantial risk of imminent flight; or

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

(ii) The date and time restraints were applied or the restrictive housing placement occurred and the length of time the incarcerated individual or detainee was kept in restraints or restrictive housing.

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

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

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

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

(v) Any visible injury of the incarcerated individual or detainee resulting from placement in the restraints that is documented by the correctional institution.

(4) The report for an invasive body cavity search of a pregnant or postpartum incarcerated individual or detainee or inspection of a female incarcerated individual or detainee in a state of undress shall contain the following information:

(i) The justification for performing a cavity search or male staff inspection of a female incarcerated individual or detainee in a state of undress.

(ii) The identification of any contraband that was found on the incarcerated individual or detainee.

(5) The report for the presence of male staff during labor or delivery of the pregnant incarcerated individual or detainee shall include the reasons for the presence of male staff.

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

(7) 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 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.

(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:

"County Extraordinary Occurrence Monthly Report." A collection of statistics and other information by the department on designated report forms or by other available approved methods for the collection of such incident information under this section and in accordance with written local policy providing for the collection of population information prescribed by 37 Pa. Code 95.242 (relating to Statistical/ informational reporting).

"Department." The Department of Corrections of the Commonwealth. (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 subsec. (b)(6) and (7). 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 amended the heading and subsecs.

(a) and (b). 2010 Amendment. Act 45 added section 1758.
61 Pa.C.S. § 4108 — PA Code / Title 61 / Chapter 41 / Section 4108
Construction.
Status: in_force

Notwithstanding any other provision of law to the contrary, this chapter shall not be construed to:

(1) Confer any legal right upon any individual, including an individual participating in the drug offender treatment program, to:

(i) participate in a drug offender treatment program;

(ii) continue participation in a drug offender treatment program;

(iii) modify the contents of the drug offender treatment program; or

(iv) file any cause of action in any court challenging the department's determination that a participant is to be suspended or expelled from or that a participant has successfully completed or failed to successfully complete treatment to be provided during any portion of a drug offender treatment program.

(2) Enlarge or limit the right of a participant to appeal the participant's sentence.
61 Pa.C.S. § 4511 — PA Code / Title 61 / Chapter 45 / Section 4511
Construction of chapter.
Status: in_force

Notwithstanding any other provision of law, this chapter shall not be construed to do any of the following:

(1) Confer any legal right upon any individual, including an individual participating in or seeking to participate in a recidivism risk reduction incentive program, to do any of the following:

(i) Participate in a recidivism risk reduction incentive program.

(ii) Continue participation in a recidivism risk reduction incentive program.

(iii) Modify the contents of the recidivism risk reduction incentive program.

(iv) File any cause of action in any Federal or State court challenging the department's determination that a participant is to be suspended or expelled from or that a participant has successfully completed or failed to successfully complete any recidivism risk reduction incentive program.

(2) Confer any legal right on any individual to be released on parole under this chapter.

(3) Enlarge or limit the right of a participant to appeal the participant's sentence.
61 Pa.C.S. § 3513 — PA Code / Title 61 / Chapter 35 / Section 3513
Visitation.
Status: in_force

(a) Time.--An official visitor may enter and visit any correctional institution on any and every day, including Sundays, between the hours of 9 a.m. and 5 p.m. Visits at any other time shall be made only with the special permission of the chief administrator.

(b) Denial of entry.--

(1) If a chief administrator of a State correctional institution is of the opinion that the visit would be dangerous to the discipline or welfare of the correctional

institution or the safety of the visitor, the chief administrator may temporarily deny entry to any official visitor if the secretary has previously declared that an emergency situation exists within the correctional institution.

(2) If a temporary exclusion under paragraph (1) exceeds 72 hours, the official visitor may apply to the Commonwealth Court for a ruling upon the secretary to show cause why the official visitor should not be permitted entry into the State correctional institution.

(c) Temporary denial of visitation for county correctional institutions.--

(1) If the chief administrator of a county correctional institution has previously determined that an emergency exists at the county correctional institution, the chief administrator may, with the approval of the president judge of the court of common pleas of the county where the county correctional institution is located, temporarily deny entry to an official visitor.

(2) If a temporary exclusion under paragraph (1) exceeds 72 hours, the official visitor may apply to the Commonwealth Court for a ruling upon the president judge to show cause why the official visitor should not be permitted entry into the county correctional institution.

(d) Interviews.--

(1) An official visitor may interview privately any inmate confined in any correctional institution and for that purpose may enter the cell, room or apartment wherein any inmates are confined.

(2) If the chief administrator at the time of the visit is of the opinion that entry into a cell would be dangerous to the discipline of the correctional institution, then the chief administrator may conduct any inmates with whom the official visitor may desire a private interview into another cell or room as the chief administrator may designate and there permit the private interview between the official visitor and the inmate to take place.

(e) Official visitors and employees not exempt from prosecution.--Official visitors and their employees shall not be exempt from prosecution for any criminal offense, including, but not limited to, a violation of 18 Pa.C.S. §§ 5121 (relating to escape), 5122 (relating to weapons or implements for escape) and 5123 (relating to contraband).

(f) Decree of court.--

(1) If an official visitor violates any provision of this section, any chief administrator of a correctional institution may apply to the appropriate court for a ruling upon the official visitor to show cause why the official visitor should not be deprived of his official visitation status.

(2) Upon proof to the satisfaction of the court, the court shall enter a decree against the official visitor depriving him of all rights, privileges and functions of an official visitor.
61 Pa.C.S. § 1171 — PA Code / Title 61 / Chapter 11 / Section 1171
Scope of subchapter.
Status: in_force

This subchapter relates to correctional facility drug redistribution.
61 Pa.C.S. § 4304 — PA Code / Title 61 / Chapter 43 / Section 4304
Method of execution.
Status: in_force

(a) Injection.--

(1) The death penalty shall be inflicted by injecting the convict with a continuous intravenous administration of a lethal quantity of an ultrashort-acting barbiturate in combination with chemical paralytic agents approved by the department until death is pronounced by the coroner. The coroner shall issue the death certificate.

(2) The execution shall be supervised by the chief administrator or his designee of the State correctional institution designated by the department for the execution.

(b) Injection agents.--Notwithstanding section 13 of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, the secretary or his designee may obtain the injection agents directly from a pharmacist or manufacturer.
61 Pa.C.S. § 7112 — PA Code / Title 61 / Chapter 71 / Section 7112
Authority to execute compact.
Status: in_force

The Governor of Pennsylvania, on behalf of this State, is hereby authorized to execute a compact in substantially the following form with any one or more of the states of the United States, and the General Assembly hereby signifies in advance its approval and ratification of such compact:
61 Pa.C.S. § 5902 — PA Code / Title 61 / Chapter 59 / Section 5902
Contraband prohibited.
Status: in_force

(a) Alcohol and drugs.--No spirituous or fermented liquor, drug, medicine, poison, opium, morphine or any other kind or character of narcotic shall, on any pretense whatever:

(1) be sold or given away in a correctional institution or in any building appurtenant thereto, or on the land granted to or owned or leased by the Commonwealth for the use and benefit of inmates; or

(2) be brought into a correctional institution or any building appurtenant thereto, or on to the land granted to or owned or leased by the Commonwealth for the use of and benefit of inmates, without a written permit signed by the physician of the correctional institution specifying the quantity and quality of the liquor or narcotic which may be furnished to the inmate or employee in the prison and the name of the inmate or employee for whom and the time when the liquor or narcotic may be furnished, except the ordinary hospital supply of the prisons.

(b) Permit.--The permit shall be delivered to and kept by the chief administrator.

(c) No secured storage.--No spirituous or fermented liquor, drug, medicine, poison, opium, morphine or any other kind or character of narcotic shall be sold, given away or furnished, either directly or indirectly, to an inmate, either in or anywhere outside of the correctional institution, or be disposed of in such manner or in such a place that it may be secured by an inmate or employee of the prison.

(d) Tobacco.--Tobacco may be supplied and used, subject to such regulations as may be adopted by the chief administrator.

(e) Weapons.--No weapon or other implement which may be used to injure an inmate or person or in assisting an inmate to escape from imprisonment shall:

(1) be sold, given away or furnished to an inmate in any correctional institution or any building appurtenant thereto or on the land granted to or owned or leased by the Commonwealth for the use and benefit of inmates;

(2) except as provided under subsection (e.1), be brought into any correctional institution or any building appurtenant thereto or on to the land granted to or owned or leased by the Commonwealth for the use and benefit of inmates; or

(3) be sold, given away or furnished, either directly or indirectly, to an inmate, either in or anywhere outside of the correctional institution, or be disposed of in such a manner or in such a place that it may be secured by an inmate in the correctional institution.

(e.1) Commonwealth employees.--

(1) The following apply:

(i) An employee of the Commonwealth employed at or assigned to a State correctional institution may carry or store one lawfully owned and transported firearm and ammunition in a vehicle located at a specified location outside of the State correctional institution upon providing advance written notice to the chief administrator of the State correctional institution.

(ii) If an employee of the Commonwealth carries or stores a firearm and ammunition under subparagraph (i), the employee of the Commonwealth shall do all of the following:

(A) Keep the firearm secured with a trigger lock or a gun safe.

(B) Keep the firearm out of plain sight.

(C) Comply with all applicable laws governing the use, possession and carrying of firearms and ammunition and all policies of the department.

(iii) A chief administrator who has received written notice under subparagraph (i) from an employee of the Commonwealth may deny or revoke the ability of the employee of the Commonwealth to carry or store a firearm and ammunition under this paragraph in writing.

(iv) An employee of the Commonwealth may not carry or store a firearm under subparagraph (i) if the vehicle also contains prohibited ammunition suitable for the firearm.

(2) The following words and phrases when used in this subsection shall have the meanings given to them in this paragraph unless the context clearly indicates otherwise:

"Firearm." A pistol or revolver with a barrel length less than eight inches as determined by measuring from the muzzle of the barrel to the face of the closed action or cylinder, whichever is applicable.

"Prohibited ammunition." A bullet or projectile which, if fired from a firearm as defined in 18 Pa.C.S. § 6102 (relating to definitions) under the test procedure of the National Institute of Justice for the Ballistic Resistance of Body Armor published July 2008, is determined to be capable of penetrating bullet-resistant apparel or body armor meeting the requirements of Type IIIA of Standard NIJ Standard-0101.06 as formulated by the United States Department of Justice.

(f) Searches.--A chief administrator may search or cause to have searched any person coming to the correctional institution as a visitor, or in any other capacity, who is suspected of having upon his person:

(1) any weapon or other implement which may be used to injure an inmate or any other person or in assisting an inmate to escape from imprisonment; or

(2) any spirituous or fermented liquor, drug, medicine, poison, opium, morphine or any other kind or character of narcotic.

(g) Penalty.--A person who violates any of the provisions of this section commits a felony and shall, upon conviction, be sentenced to pay a fine of not more than $1,000 or to imprisonment for not more than five years, or both. (Oct. 24, 2018, P.L.749, No.123, eff. 60 days) 2018 Amendment. Act 123 amended subsec. (e) and added subsec. (e.1). Cross References. Section 5902 is referred to in sections 3505, 5122 of Title 18 (Crimes and Offenses).
61 Pa.C.S. § 4101 — PA Code / Title 61 / Chapter 41 / Section 4101
Scope of chapter.
Status: in_force

This chapter relates to the State drug treatment program. (Dec. 18, 2019, P.L.776, No.115, eff. 60 days)
61 Pa.C.S. § 5005 — PA Code / Title 61 / Chapter 50 / Section 5005
Authority of chairman.
Status: in_force

The chairman has the following authority:

(1) (Deleted by amendment).

(2) (Deleted by amendment).

(3) Determine, jointly with the secretary, using evidence-based practices designed to reduce the likelihood of recidivism and improve public safety, the appropriate treatment and programming for offenders paroled by the board who are housed at community corrections centers, parole violator centers and community corrections facilities.

(4) Audit, jointly with the secretary, the performance of treatment and services provided by community corrections centers, parole violator centers and community corrections facilities. (June 30, 2021, P.L.260, No.59, eff. imd.)
61 Pa.C.S. § 1787 — PA Code / Title 61 / Chapter 17 / Section 1787
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 industrial farm and workhouse and shall fix their compensation. The duties of those officers shall be prescribed by the rules and regulations of the joint industrial farm and workhouse.
61 Pa.C.S. § 6114 — PA Code / Title 61 / Chapter 61 / Section 6114
Salaries of board members.
Status: in_force

The Executive Board shall determine the salaries to be paid to the members of the board.
61 Pa.C.S. § 1732 — PA Code / Title 61 / Chapter 17 / Section 1732
Board meetings.
Status: in_force

(a) Quorum.--A majority of the members of the board shall constitute a quorum for the transaction of business, and all actions of the board shall be by the approval of a majority of all the members of the board.

(b) Frequency and nature of meetings.--

(1) The board shall meet monthly or, in the case of a county of the eighth class, shall meet quarterly, or more often if required, and keep regular minutes of their proceedings in a book to be filed with the financial records of the county. The board shall make such rules and

regulations for the government and management of the county correctional institution and the safekeeping, discipline and employment of the inmates, as may be deemed necessary.

(2) The meetings shall be held at the county correctional institution no less often than quarterly or, in a county of the eighth class, as often as determined by the board, in its discretion. (June 28, 2018, P.L.431, No.63, eff. 60 days) 2018 Amendment. Act 63 amended subsec. (b).
61 Pa.C.S. § 1762 — PA Code / Title 61 / Chapter 17 / Section 1762
Selection of site.
Status: in_force

Whenever the commissioners of any two or more adjoining counties decide and agree to construct a joint detention facility, they shall acquire a suitable site for the facility. The site may be selected from suitable lands already held by any county of the district for county purposes from lands donated for such purposes or any quantity of land within the respective districts. In the selection of a site, there shall be taken into consideration the objects and purposes of the joint detention center. Title to the land shall be approved by the county solicitor of the county in which the land is located, or such other title guarantee corporation or attorney as may be designated by the commissioners of the counties, and shall be taken in the name of the county or counties comprising the district. The site, before purchase, shall be approved by the department.
61 Pa.C.S. § 5004 — PA Code / Title 61 / Chapter 50 / Section 5004
Authority of Commonwealth employees.
Status: in_force

Commonwealth employees of community corrections centers and parole violator centers and other Commonwealth employees present in community corrections facilities have the authority to do all of the following:

(1) In order to maintain security and to enforce the rules of the community corrections center, parole violator center or community corrections facility:

(i) search the person and property of an offender residing in the community corrections center, parole violator center or community corrections facility;

(ii) seize property from an offender residing in the community corrections center, parole violator center or community corrections facility; and

(iii) if necessary, use reasonable force against an offender residing in the community corrections center or community corrections facility.

(2) Detain, by using reasonable force if necessary, an offender residing in the community corrections center, parole violator center or community corrections facility to maintain control of the offender pending the arrival of a department parole agent, police officer or other appropriate law enforcement officer. (June 30, 2021, P.L.260, No.59, eff. imd.)
61 Pa.C.S. § 4306 — PA Code / Title 61 / Chapter 43 / Section 4306
Certification of chief administrator.
Status: in_force

After the execution, the chief administrator or his designee shall certify in writing, under oath or affirmation, to the court of the county where the inmate was sentenced to death that the inmate was duly executed in accordance with this chapter. The certificate shall be filed in the office of the clerk of such court. Cross References. Section 4306 is referred to in section 4307 of this title.
61 Pa.C.S. § 1741 — PA Code / Title 61 / Chapter 17 / Section 1741
Sixth, seventh and eighth class counties.
Status: in_force

(a) Management by sheriff.--In a county of the sixth, seventh and eighth class, the government, management and control of the county prison and the safekeeping, care, maintenance, discipline and employment of the inmates therein are vested in the sheriff of the county and the officers and employees appointed by the sheriff.

(b) Residence may be furnished.--The sheriff and the sheriff's family may be furnished a residence in the county prison.

(c) Staffing.--The sheriff shall, from time to time, with approval of the county salary board, appoint as many corrections officers and other employees of the county prison as the salary board shall approve. The compensation of the corrections officers and other employees shall be fixed by the county salary board in the same manner as the compensation of other appointed county officers and employees.
61 Pa.C.S. § 3103 — PA Code / Title 61 / Chapter 31 / Section 3103
Agricultural labor at county correctional institutions.
Status: in_force

(a) General rule.--The chief administrator of a county correctional institution shall permit the employment of such inmates serving sentences therein, as they shall deem advisable, at agricultural labor on any county farm of the county under the direction of any person appointed by the chief administrator, and all inmates so employed shall at all times be amenable to restraint, discipline and punishment in the same manner as if they were confined in the county correctional institution.

(b) Liability.--No person appointed by a chief administrator of a county correctional institution or his sureties shall be held liable on any bond conditioned for the safekeeping of persons given into that person's care, in case any inmate so employed shall escape, if due care and diligence has been exercised in the discharge of the duties imposed on that person.
61 Pa.C.S. § 1151 — PA Code / Title 61 / Chapter 11 / Section 1151
General transfer authorization.
Status: in_force

(a) Between State and county.--At the request of the chief administrator of a county correctional institution, the secretary or his designee may transfer inmates located in a county correctional institution to the State correctional institution system for such reasons and upon such terms and conditions as the secretary may determine. The secretary or his designee may transfer inmates in the State correctional institution system to the jurisdiction of a county correctional institution system upon such terms and conditions that the secretary or his designee and the chief administrator of the county correctional institution determine to be in the best interests of the Commonwealth.

(b) Between counties.--An inmate located in a county correctional institution may be transferred to another county correctional institution upon such terms and conditions as the counties may determine.

(c) Between Federal Government and the State or county.--The department and county correctional institutions may contract with the Federal Government for the housing of Federal inmates in correctional facilities.

(d) Temporary transfers.--The following shall apply to temporary transfers:

(1) The department shall temporarily transfer an inmate confined in the State correctional system to a State correctional institution determined by the department to be of an appropriate security level that is nearest to the location of the judicial proceeding. The department shall have the discretion to select an alternative and reasonably accessible State correctional institution if bed space limitations in the nearest State correctional institution prevent the temporary transfer to that institution.

(2) The department shall not be required to temporarily transfer any inmate under this subsection unless all of the following apply:

(i) A court order has been entered directing the presence of the inmate at a judicial proceeding.

(ii) The court has found that the inmate's presence is required at the judicial proceeding.

(iii) The Constitution of the United States or the Constitution of Pennsylvania does not permit the inmate's testimony or participation in the proceeding to be conducted by videoconferencing technology.

(3) The department shall establish regulations for the implementation of this subsection in accordance with all of the following:

(i) The regulations may require up to 14 days' notice prior to the entry of a temporary transfer order.

(ii) The regulations may require return of an inmate to the inmate's home correctional institution upon completion of the judicial proceeding.

(iii) The regulations may require that an inmate is to be removed from the State correctional institution by a government official authorized by the court directing the presence of the inmate for a judicial preceding be detained in the county prison if the inmate has been temporarily transferred more than twice in the preceding six months or the judicial proceeding is scheduled to last more than one week.

(4) Pending implementation of the regulations required under paragraph (3), the department shall publish interim guidelines consistent with the provisions of paragraph (3). The provisions of this section shall be in full force and effect even if the department has not yet published interim guidelines or implemented the regulations required under this section.

(5) The department may presume that the judicial proceedings have concluded when the inmate is returned to the temporary correctional institution after a judicial proceeding unless a court otherwise notifies the department in the manner required by the department.

(6) The department may require a county to pay the reasonable cost of transportation between State correctional facilities if a court of that county has requested a temporary transfer under this section. The county reimbursements for transportation costs shall be automatically reappropriated to the department.

(7) This section shall not be construed:

(i) To prohibit the use of alternative transportation methods authorized by law.

(ii) To authorize a court to designate a particular place of confinement or the length of confinement in the temporary correctional institution.
61 Pa.C.S. § 7113 — PA Code / Title 61 / Chapter 71 / Section 7113
When and how compact becomes operative.
Status: in_force

(a) General rule.--When the Governor executes the Interstate Compact for the Supervision of Adult Offenders on behalf of this State and files a verified copy thereof with the Secretary of the Commonwealth and when the compact is ratified by one or more other states, then the compact shall become operative and effective between this State and such other state or states. The Governor is hereby authorized and directed to take such action as may be necessary to complete the exchange of official documents between this State and any other state ratifying the compact.

(b) Notice in Pennsylvania Bulletin.--The Secretary of the Commonwealth shall publish a notice in the Pennsylvania Bulletin when the conditions set forth in subsection (a) are satisfied and shall include in the notice the date on which the compact became effective and operative between this State and any other state or states in accordance with this subchapter.
61 Pa.C.S. § 1791 — PA Code / Title 61 / Chapter 17 / Section 1791
Cost of transporting inmates.
Status: in_force

(a) General rule.--The cost of transporting inmates committed to the joint industrial farms and workhouses shall be paid by the counties, respectively, from which the inmates are committed. The sheriff of the county for inmates committed by the court and constables for inmates committed by magisterial district judges shall receive for the inmates committed to the joint industrial farm and workhouse no mileage or travel expenses on writs, except the actual cost of transporting the inmates so committed to the joint industrial farm and workhouse, together with any other fees for their services allowed by law.

(b) Railroad ticket upon discharge.--When an inmate is discharged from a joint industrial farm and workhouse, the chief administrator thereof shall procure for the inmate a railroad ticket to any point to which the inmate may desire to go, not farther from the joint industrial farm and workhouse than the point from which the inmate was sentenced.
61 Pa.C.S. § 7103 — PA Code / Title 61 / Chapter 71 / Section 7103
Powers.
Status: in_force

The secretary or his designee is hereby authorized and directed to do all things necessary or incidental to the carrying out of the compact in every particular except that no contract for the confinement of inmates in the institutions of this State shall be entered into unless the secretary has first determined that the inmates are acceptable, notwithstanding the provisions of Article IX-B of the act of April 9, 1929 (P.L.177, No.175), known as the Administrative Code of 1929. The secretary or his designee shall not enter into a contract pursuant to Article III of the compact relating to inmates who are mentally ill or mentally retarded without consultation with the Secretary of Public Welfare. (Oct. 27, 2010, P.L.931, No.95, eff. imd.) References in Text. The Secretary of Public Welfare, referred to in this section, was redesignated as the Secretary of Human Services by Act 132 of 2014.
61 Pa.C.S. § 1736 — PA Code / Title 61 / Chapter 17 / Section 1736
Bonding requirement.
Status: in_force

The chief administrator of a county correctional institution, at the time of appointment, shall give bond, with good and sufficient security to be fixed and approved by the board of inspectors, for the faithful performance of the chief administrator's duty and may at any time be removed by the board for misconduct or inefficiency. All deputies, assistants or corrections officers shall also give bond if required by the board and may at any time be suspended by the chief administrator or removed by the board.
61 Pa.C.S. § 6171.2 — PA Code / Title 61 / Chapter 61 / Section 6171.2
District directors.
Status: in_force

(a) Establishment.--Each district office shall have a district director who:

(1) Shall be appointed by the department.

(2) Shall receive such annual salary as the department shall determine in conformity with the rules of the Executive Board.

(b) Status and role.--The district director shall be the executive head of the district office to which the district supervisor is appointed and shall have the control, management and direction of all employees of the department assigned to the district, subject to the supervision of the department.
61 Pa.C.S. § 1724 — PA Code / Title 61 / Chapter 17 / Section 1724
Powers and duties.
Status: in_force

(a) General rule.--The board's administrative powers and duties shall include the operation and maintenance of the prison and all alternative housing facilities, the oversight of the health and safekeeping of inmates and the confirmation of the chief executive's selection of a warden.

(b) Living conditions.--The board shall ensure that the living conditions within the prison and alternative housing facilities are healthful and otherwise adequate.

(c) Unannounced inspections.--The board shall, at least twice each year, conduct an unannounced inspection of the prison's physical plant. During such inspections, the board shall interview a cross section of inmates, out of the presence of the warden and his agents, to determine the conditions within the prison and alternative housing facilities. After each inspection, the board shall prepare a written report setting forth its findings and determinations which shall be available for public inspection.

(d) Operations to be consistent with law.--The board shall ensure that the prison is being operated in accordance with its regulations and the laws and regulations of this Commonwealth and of the United States.

(e) Investigations.--The board shall investigate allegations of inadequate prison conditions and improper practices occurring

within the prison and may make such other investigations or reviews of prison operation and maintenance. The books, papers and records of the prison, including, but not limited to, the papers and records of the warden and those relating to individual inmates, shall at all times be available for inspection by the board.
61 Pa.C.S. § 3304 — PA Code / Title 61 / Chapter 33 / Section 3304
Powers and duties of department.
Status: in_force

The department shall implement the program by:

(1) Issuing regulations as required under section 3303 (relating to Medical Services Program).

(2) Providing department staff and medical services providers with training relating to the program.

(3) Developing administrative forms for the implementation of the program.

(4) Providing for administrative and accounting procedures for the program and an annual audit of the program.

(5) Providing written notice to all current inmates regarding implementation of the program. Cross References. Section 3304 is referred to in section 3306 of this title.
61 Pa.C.S. § 1773 — PA Code / Title 61 / Chapter 17 / Section 1773
Allocation of expenses to counties.
Status: in_force

(a) General rule.--The original cost of the site and buildings of the joint detention facilities and the equipment thereof, all additions thereto and all fixed overhead charges in conducting the joint detention facilities 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.--

(1) The cost of the care and maintenance of the inmates in the districts 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.

(2) All payments shall be on warrants of the county commissioners, countersigned by the county controller in counties where that office exists.
61 Pa.C.S. § 1785 — PA Code / Title 61 / Chapter 17 / Section 1785
Advisory board.
Status: in_force

After a joint industrial farm and workhouse has been erected and equipped and is ready for occupancy, the president judges of the courts of common pleas of the counties joining in the construction of the joint industrial farm and workhouse 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. § 1793 — PA Code / Title 61 / Chapter 17 / Section 1793
Sale of goods and materials.
Status: in_force

All road material, brick, tile, concrete and other goods and materials prepared or made at a joint industrial farm and workhouse that are not needed for the purposes of the joint industrial farm and workhouse shall be offered for sale at a price to be fixed by the commissioners of the district. In offering such material for sale, preference shall be given to the counties forming the district of the joint industrial farm and workhouse and to the cities, boroughs and townships in the joint district. All moneys so received shall be applied toward paying the overhead expenses of the joint industrial farm and workhouse.
61 Pa.C.S. § 5003 — PA Code / Title 61 / Chapter 50 / Section 5003
Offenders who may be housed.
Status: in_force

(a) Community corrections centers, parole violator centers and community corrections facilities.--The following offenders may be housed in community corrections centers, parole violator centers and community corrections facilities:

(1) An offender paroled by the board who is in good standing as defined in section 6101 (relating to definitions).

(2) An offender paroled by the board who:

(i) Except as provided in subparagraph (ii), is detained or awaiting a hearing or who has been recommitted for a technical violation of the conditions of supervision if the offender is eligible to be housed in a community corrections center, parole violator center or community corrections facility under section 6138 (relating to violation of terms of parole).

(ii) Subparagraph (i) shall not apply to an offender paroled by the board who is detained pending resolution of criminal charges as a convicted violator under section 6138(a) or awaiting a hearing or who has been recommitted.

(3) (Deleted by amendment).

(4) (Deleted by amendment).

(5) (Expired).

(b) Community corrections centers and community corrections facilities.--The following offenders may be housed in community corrections centers and community corrections facilities:

(1) An offender who is serving the community-based portion of a sentence in a State drug treatment program.

(2) An offender who has been granted clemency by the Governor. (June 30, 2021, P.L.260, No.59, eff. imd.) 2013 Expiration. Paragraph (5) expired July 1, 2013. See Act 122 of 2012.
61 Pa.C.S. § 5008 — PA Code / Title 61 / Chapter 50 / Section 5008
Reporting.
Status: in_force

The department shall ensure that any crime committed within a community corrections center or community corrections facility is immediately reported to the appropriate law enforcement agency with jurisdiction over the community corrections center or community corrections facility. (June 30, 2021, P.L.260, No.59, eff. imd.) 2021 Amendment. Act 59 added section 5008.
61 Pa.C.S. § 6161 — PA Code / Title 61 / Chapter 61 / Section 6161
Parolee Homicide Review Team.
Status: in_force

(a) Establishment.--The department shall establish the Parolee Homicide Review Team, which shall examine circumstances surrounding those who have committed criminal homicide while under supervision by the board.

(b) Powers and duties.--The department, in cooperation with the members of the Parolee Homicide Review Team, shall have the following powers and duties in relation to the program:

(1) Collect, review and analyze all appropriate events and issues surrounding and related to homicides committed by those while under the supervision of the board.

(2) Identify compliance with applicable statutes, regulations, guidelines, best practices, protocols and other standards.

(3) Develop and recommend any appropriate changes in applicable statutes, regulations, guidelines, best practices, protocols and other standards.

(4) Review relevant and applicable issues related to the training of individuals who interact with those under the supervision of the board and develop and recommend any appropriate changes to such training.

(5) Review relevant and applicable issues related to collaboration with other criminal justice agencies and develop recommendations to address any systematic gaps in supervision and public safety.

(6) Review relevant and applicable issues related to treatment, counseling, services and reentry programs and develop recommendations to improve case management of individuals.

(7) Submit a report to the Governor and the chairperson and minority chairperson of the Judiciary Committee of the Senate and the chairperson and minority chairperson of the Judiciary Committee of the House of Representatives by September 30 of each year relating to the activities, review, findings, analysis and recommendations of the Parolee Homicide Review Team. The recommendations shall address all issues identified under paragraphs (1), (2), (3), (4), (5) and (6), as well as factors that are likely to improve supervision practices, identify deficiencies in the system and recommendations to address them in order to reduce recidivism and improve public safety and strengthen collaboration with criminal justice agencies.

(c) Nonhomicides.--The chair, in consultation with and approval of the other members of the Parolee Homicide Review Team, may include case reviews of nonhomicide cases if such cases resulted in a serious breach of public safety and review of such cases is necessary to maintain or improve the safety of the public.

(d) Meetings.--The Parolee Homicide Review Team shall meet no less than once per year, but as often as the chair deems necessary to fulfill the duties of the Parolee Homicide Review Team.
61 Pa.C.S. § 3903 — PA Code / Title 61 / Chapter 39 / Section 3903
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.

"Eligible inmate." A person sentenced to a term of confinement under the jurisdiction of the Department of Corrections who is serving a term of confinement, the minimum of which is not more than two years and the maximum of which is five years or less, or an inmate who is serving a term of confinement, the minimum of which is not more than three years where that inmate is within two years of completing his minimum term, and who has not reached 40 years of age at the time he is approved for participation in the motivational boot camp program. The term shall not include any inmate who is subject to a sentence the calculation of which included an enhancement for the use of a deadly weapon as defined pursuant to the sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing, any inmate 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 any inmate 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 section 4103 (relating to definitions) 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.

"Motivational boot camp." A program in which eligible inmates participate for a period of six months in a humane program for motivational boot camp programs which shall provide for rigorous physical activity, intensive regimentation and discipline, work on public projects, substance abuse treatment services licensed by the Department of Health, continuing education, vocational training, prerelease counseling and community corrections aftercare. (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 the def. of "eligible inmate." 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. § 6135 — PA Code / Title 61 / Chapter 61 / Section 6135
Investigation of circumstances of offense.
Status: in_force

(a) Duty to investigate.--The board, on the commitment to a correctional facility of any person whom the board is given the power to parole under this chapter, shall consider:

(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 inmate.

(4) Participation by an inmate sentenced after February 19, 1999, and who is serving a sentence for a crime of violence as defined in 42 Pa.C.S. § 9714(g) (relating to sentences for second and subsequent offenses) in a victim impact education program offered by the Department of Corrections.

(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 person while in prison and his physical, mental and behavioral condition and history, his history of family violence and his complete criminal record.

(b) Cooperation of public officials.--A public official who possesses such records or information shall furnish the records or information to the board upon its request and without charge so far as may be practicable while the case is recent. Cross References. Section 6135 is referred to in sections 6137.1, 6142, 6175 of this title.
61 Pa.C.S. § 4605 — PA Code / Title 61 / Chapter 46 / Section 4605
Powers and duties of department.
Status: in_force

(a) General rule.--The department shall:

(1) Establish a form for counties to apply for grant funding under the pilot program.

(2) Establish criteria for counties making application for grant funding under the pilot program.

(3) Develop or approve training and instructional materials for the law enforcement community about opioid and alcohol addiction and the proper and effective use of nonnarcotic medication assisted substance abuse treatment in consultation with the appropriate State agencies, including, but not limited to, the Department of Drug and Alcohol Programs, the Department of Human Services, the Department of Health, the Pennsylvania Board of Probation and Parole and the Pennsylvania Commission on Crime and Delinquency.

(4) Make a form available to providers to be used to confirm that an offender is eligible for and enrolled in the pilot program.

(5) Set forth the basis for medical providers to be reimbursed and for medical providers to be reimbursed for counseling services.

(6) Promulgate any rules and regulations necessary to implement this chapter.

(b) Limitation on grant awards.--Grant awards shall be at the discretion of the department and shall be limited to amounts annually appropriated to the department for the pilot program. References in Text. The Pennsylvania Board of Probation and Parole, referred to in subsec. (a)(3), was renamed the Pennsylvania Parole Board by the act of June 30, 2021 (P.L.260, No.59).
61 Pa.C.S. § 5006 — PA Code / Title 61 / Chapter 50 / Section 5006
Escape.
Status: in_force

An offender detained or recommitted to a community corrections center, parole violator center or a community corrections facility as a result of a parole violation shall be deemed to be in official detention under 18 Pa.C.S. § 5121 (relating to escape). An offender living in a community corrections center or community corrections facility while in good standing on parole shall not be deemed to be in official detention under 18 Pa.C.S. § 5121. (June 30, 2021, P.L.260, No.59, eff. imd.)
61 Pa.C.S. § 1174 — PA Code / Title 61 / Chapter 11 / Section 1174
Vendor pharmacy redispensing.
Status: in_force

The vendor pharmacy to which drug products are returned may redispense a drug properly returned under section 1173 (relating to return to and redispensing by vendor pharmacy), provided that:

(1) The drugs are returned directly from the correctional facility to the vendor pharmacy.

(2) The drugs returned to the vendor pharmacy are stored separately from the rest of the pharmacy's stock.

(3) The redispensing is in compliance with the United States Pharmacopeia and the vendor pharmacy's policies and procedures.

(4) The vendor pharmacy records receipt of the drug, including:

(i) The date the drug was received.

(ii) The quantity of the drug.

(iii) The lot number of the drug.

(iv) The expiration date of the drug.

(5) Information recorded under this section is maintained for at least two years from the date the drug is redispensed.

(6) The unit dose package, unit of issue or originally sealed container stays intact with drug name, strength, manufacturer identifier, lot and expiration date and is not emptied from the returned unit dose, unit of issue or original container for repacking.

(7) The name of any patient for whom the drug was previously prescribed is removed prior to redispensing.

(8) The drug remains in the original container or package and before redispensing the vendor pharmacy ensures that the label meets the requirements of the State Board of Pharmacy's rules and regulations. Cross References. Section 1174 is referred to in section 1173 of this title.
61 Pa.C.S. § 5905 — PA Code / Title 61 / Chapter 59 / Section 5905
Healthy birth for incarcerated women.
Status: in_force

(a) Duties of correctional institution.--Consistent with established policy and practice, it shall be the duty and responsibility of the correctional institution to provide adequate personnel to monitor the pregnant incarcerated individual or detainee during transport to and from the medical facility and during her stay at the medical facility.

(b) Restraint of pregnant incarcerated individuals and detainees.--

(1) Unless provided in paragraph (2), a correctional institution shall not apply restraints, including handcuffs, to an incarcerated individual or detainee known to be pregnant during any stage of labor or any period of postpartum as defined in section 1104(f) (relating to State recording system relating to pregnant and postpartum incarcerated individuals or detainees).

(2) Paragraph (1) shall not bar reasonable restraint provided the correctional institution staff assigned to the incarcerated individual or detainee makes an individualized determination that the incarcerated individual or detainee presents a substantial risk of imminent flight or some other extraordinary medical or security circumstance dictates that the incarcerated individual or detainee be restrained to ensure the safety and security of the incarcerated individual or detainee, the staff of the correctional institution or medical facility, other incarcerated individuals or detainees or the public. The assigned correctional institution staff shall report the incident to the correctional institution in a reasonable amount of time after the restraint occurs. In the case of any use of restraints on a pregnant or postpartum incarcerated individual by an individual or entity that is not employed by the correctional institution but is transporting the pregnant or postpartum incarcerated individual on behalf of the correctional institution, the individual or entity shall report the restraint to the correctional institution in a reasonable amount of time after the incident occurs. The reporting requirement shall not apply to a law enforcement agency unless the law enforcement agency is transporting pregnant or postpartum incarcerated individuals on behalf of the correctional institution.

(3) If restraint is applied under paragraph (2), at no time shall the incarcerated individual or detainee be left unattended by a correctional institution staff with the ability to release the restraint should a release become medically necessary.

(4) When a restraint is permitted under this section, a correctional institution shall use the least restrictive restraint necessary when the facility has actual or constructive knowledge that an incarcerated individual or detainee is in the second or third trimester of pregnancy.

(c) Restraints.--The following shall apply to an incarcerated individual or detainee who has been restrained under this subsection:

(1) The correctional institution staff accompanying the incarcerated individual or detainee shall promptly remove all restraints upon request of a doctor, nurse or other health care professional.

(2) Leg or waist restraints shall not be used on any incarcerated individual or detainee who is in labor.

(3) The type of restraint applied and the application of the restraint shall be done in the least restrictive manner possible.

(d) Annual report.--(Deleted by amendment).

(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:

"Correctional institution." Any entity under the authority of the state or any county or municipality that has the power to detain and restrain a person under the laws of this Commonwealth. The term does not include an entity operated, supervised or licensed by the Department of Human Services under the act of June 13, 1967 (P.L.31, No.21), known as the Human Services Code.

"Detainee." Includes any person detained under the immigration laws of the United States at any correctional facility.

"Incarcerated individual." An individual incarcerated or detained in a correctional institution who is accused of, convicted of or sentenced for violations of criminal law or the terms and conditions of parole, probation, pretrial release or a diversionary program.

"Labor." (Deleted by amendment).

"Postpartum." (Deleted by amendment).

"Prisoner." (Deleted by amendment).

"Restraint." Any physical hold or mechanical device used to control the movement of an incarcerated individual's or detainee's body or limbs or both. (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 subsec. (e). 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 5905 is referred to in sections 1104, 1758 of this title.
61 Pa.C.S. § 4901 — PA Code / Title 61 / Chapter 49 / Section 4901
Scope of chapter.
Status: in_force

This chapter relates to the Safe Community Reentry Program.
61 Pa.C.S. § 1153 — PA Code / Title 61 / Chapter 11 / Section 1153
Expense of removing certain inmates.
Status: in_force

The expenses of conveying inmates from the several counties of this Commonwealth to the State correctional institutions in the Eastern Region and Western Region shall be paid by the counties from which the inmates may be sent.
61 Pa.C.S. § 5007 — PA Code / Title 61 / Chapter 50 / Section 5007
Certain offenders residing in group-based homes.
Status: in_force

(a) Notification requirement.--

(1) A group-based home located within a county of the sixth, seventh or eighth class that agrees to provide housing to an individual knowing that the individual has been previously convicted of an offense under 18 Pa.C.S. § 2502 (relating to murder) or a substantially similar offense committed in another jurisdiction shall notify the head of the governing body of the municipality and the county in which the group-based home is located that the individual is staying at the group-based home.

(2) The notification required under paragraph (1) shall be sent by certified mail within 48 hours of the individual's

arrival at the group-based home and shall include the following information:

(i) Name of the individual, including all known aliases.

(ii) Date of the individual's arrival at the group-based home.

(iii) The individual's expected length of stay at the group-based home.

(iv) Contact information for the group-based home.

(b) Public hearing.--

(1) The governing body of a municipality or county receiving notification from a group-based-home provider under subsection (a) may conduct a public hearing concerning the group-based-home provider, its site and its operations.

(2) All hearings shall be conducted in compliance with 65 Pa.C.S. Ch. 7 (relating to open meetings). A governing body conducting a public hearing under this subsection shall announce the hearing via posting on its official publicly accessible Internet website no less than two weeks prior to the hearing. The announcement shall provide information regarding the purpose, location, date and time of the public hearing and a contact number for interested persons to call in order to obtain additional information about the hearing.

(3) At a public hearing under this subsection, the group-based-home provider shall explain the operation of the group-based home and the governing body conducting the hearing shall permit public questions and comments.

(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:

"Group-based home." A nonprofit or for-profit entity that maintains a facility that provides housing to individuals on probation or parole or other individuals previously convicted of crimes. The term shall not include a correctional institution or a facility maintained by a domestic violence program. (June 30, 2021, P.L.260, No.59, eff. imd.) 2021 Amendment. Act 59 added section 5007. Cross References. Section 5007 is referred to in sections 9799.25, 9799.55 of Title 42 (Judiciary and Judicial Procedure).
61 Pa.C.S. § 4905 — PA Code / Title 61 / Chapter 49 / Section 4905
Rules and regulations.
Status: in_force

The department and board may promulgate rules and regulations as deemed necessary to implement this chapter.
61 Pa.C.S. § 1106 — PA Code / Title 61 / Chapter 11 / Section 1106
Powers of peace officers.
Status: in_force

A chief administrator, deputy superintendent or corrections officer of a State correctional facility may exercise the powers of a peace officer in the performance of that individual's duties generally in:

(1) Guarding, protecting and delivering inmates.

(2) Protecting the property of the department.

(3) Capturing and returning inmates that may have escaped within the immediate area of a State correctional facility or mode of transport. For the purposes of this section, the immediate area of a State correctional facility

or mode of transport shall encompass the curtilage up to and including one-half of one mile. (June 30, 2021, P.L.260, No.59, eff. imd.) 2021 Amendment. Act 59 added section 1106. See section 28 of Act 59 in the appendix to this title for special provisions relating to reference in law.
61 Pa.C.S. § 10 — PA Code / Title 61 / Chapter 10 / Section 10
Applicability.
Status: in_force

The following shall apply:

(1) Except as otherwise provided in 61 Pa.C.S. Pts. I, II, III, IV and V, all activities initiated under any of the acts identified in section 8 of this act shall continue and remain in full force and effect and may be completed under 61 Pa.C.S. Pts. I, II, III, IV and V. Resolutions, orders, regulations, rules and decisions which were made under any of the acts identified in section 8 of this act 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. Pts. I, II, III, IV and V. Contracts, obligations and agreements entered into under any of the acts identified in section 8 of this act are not affected nor impaired by the continuation of the acts and parts of acts identified in section 8.

(2) Any difference in language between 61 Pa.C.S. Pts. I, II, III, IV and V and the acts identified in section 8 of this act 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 those acts, except as follows: 61 Pa.C.S. Part I. 61 Pa.C.S. § 3104(f). The definition of "motivational boot camp" in 61 Pa.C.S. § 3903, by deleting an obsolete reference to ventilation therapy. 61 Pa.C.S. § 5903, by adding a reference to civilian clothing to conform to Department of Corrections policy. 61 Pa.C.S. § 6112(a)(5). 61 Pa.C.S. § 6138(a)(5)(ii) and (d) to conform to Department of Corrections policy.
61 Pa.C.S. § 1772 — PA Code / Title 61 / Chapter 17 / Section 1772
Financial reporting.
Status: in_force

A detailed statement of the receipt and expenditures by any county constituting a part of the district for joint detention facilities 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 such county.
61 Pa.C.S. § 3122 — PA Code / Title 61 / Chapter 31 / Section 3122
Manufacturing Fund.
Status: in_force

For the purchase of material, equipment and machinery to be used in the designated State correctional institutions, special appropriations shall be made, from time to time, to the Manufacturing Fund.
61 Pa.C.S. § 3908 — PA Code / Title 61 / Chapter 39 / Section 3908
Appeals.
Status: in_force

Nothing in this chapter shall be construed to enlarge or limit the right of an inmate to appeal his or her sentence.
61 Pa.C.S. § 4301 — PA Code / Title 61 / Chapter 43 / Section 4301
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:

"Victim." The term shall have the same meaning given to it in section 103 of the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act.

"Victim advocate." The victim advocate within the Pennsylvania Board of Probation and Parole. References in Text. The Pennsylvania Board of Probation and Parole, referred to in the def. of "victim advocate," was renamed the Pennsylvania Parole Board by the act of June 30, 2021 (P.L.260, No.59).
61 Pa.C.S. § 4503 — PA Code / Title 61 / Chapter 45 / Section 4503
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:

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

"Defendant." An individual charged with a criminal offense.

"Eligible person." A defendant or inmate convicted of a criminal offense who will be committed to the custody of the department 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 or criminal attempt, criminal solicitation or criminal conspiracy to commit any of these offenses.

(3) Has not been found guilty of or previously convicted of or adjudicated delinquent for or criminal attempt, criminal solicitation or criminal conspiracy to commit murder, a crime of violence as defined in 42 Pa.C.S. § 9714(g) (relating to sentences for second and subsequent offenses) or 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 or criminal attempt, criminal solicitation or criminal conspiracy to commit any of these offenses: 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 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). Drug trafficking as defined in section 4103 (relating to definitions).

(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.

(6) (Deleted by amendment).

"Program plan." An individualized plan recommended by the department that contains approved treatment and other approved programs designed to reduce recidivism risk of a specific inmate. (Dec. 20, 2011, P.L.446, No.111, eff. one year; July 5, 2012, P.L.1050, No.122, eff. 60 days; Dec. 18, 2019, P.L.776, No.115, eff. imd.; Oct. 29, 2024, P.L.1095, No.125, eff. 60 days) 2024 Amendment. Act 125 amended par. (4) in the def. of

"eligible person." 2019 Amendment. Act 115 amended the def. of "eligible person." Cross References. Section 4503 is referred to in sections 6113, 6137 of this title.
61 Pa.C.S. § 1788 — PA Code / Title 61 / Chapter 17 / Section 1788
Rules and regulations.
Status: in_force

The county commissioners of the counties shall, before any inmate may be admitted to the joint industrial farm and workhouse, after consulting with the advisory board, make general rules and regulations for the management of the joint industrial farm and workhouse.
61 Pa.C.S. § 4305 — PA Code / Title 61 / Chapter 43 / Section 4305
Witnesses to execution.
Status: in_force

(a) List of witnesses.--No person except the following shall witness any execution under the provisions of this chapter:

(1) The chief administrator or his designee of the State correctional institution where the execution takes place.

(2) Six reputable adult citizens selected by the secretary.

(3) One spiritual adviser, when requested and selected by the inmate.

(4) Not more than six duly accredited representatives of the news media.

(5) Such staff of the department as may be selected by the secretary.

(6) Not more than four victims registered with and selected by the victim advocate.

(b) Witnesses.--The secretary may refuse participation by a witness for safety or security reasons. The department shall

make reasonable efforts to provide victims with a viewing area separate and apart from the area to which other witnesses are admitted.

(c) Confidentiality.--The identity of department employees, department contractors or victims who participate in the administration of an execution pursuant to this section shall be confidential.
61 Pa.C.S. § 4702 — PA Code / Title 61 / Chapter 47 / Section 4702
Public hearing required.
Status: in_force

(a) General rule.--

(1) A private vendor who intends to submit a bid to the department pursuant to a request for proposal for beds in a community corrections facility shall conduct a public hearing in the municipality of the proposed site.

(2) Paragraph (1) shall not apply to a bid submitted as the result of a renewal for an existing contract at a facility which has been in use for a minimum of five years.

(b) Conduct of hearing.--At the public hearing, the private vendor shall explain the operation of the community corrections facility and shall permit public comments relating to the site and operation of the facility.

(c) Transcript.--The private vendor shall submit a transcript of the public hearing to the department as part of its bid pursuant to the request for proposal.

(d) Department review.--The department shall review the transcript and shall consider the substance of the public comments when awarding a contract pursuant to the request for proposal.
61 Pa.C.S. § 1774 — PA Code / Title 61 / Chapter 17 / Section 1774
County appropriations.
Status: in_force

The county commissioners of each county joining in establishing detention facilities as provided for in this subchapter may make appropriations or 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 detention facilities by issuing coupon bonds at a rate of interest not exceeding 7% 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 such bonds.
61 Pa.C.S. § 8 — PA Code / Title 61 / Chapter 8 / Section 8
Allocation of money.
Status: in_force

Notwithstanding any other provision of law, for fiscal year 2025-2026:

(1) $213,200 of the money allocated to the Pennsylvania Gaming Control Board under 4 Pa.C.S. § 1408(c) for local law enforcement grants shall be transferred to the Public Protection Law Enforcement Restricted Account for the purpose of implementing the provisions of this act by the Office of Attorney General.

(2) $719,550 of the money allocated to the Pennsylvania Gaming Control Board under 4 Pa.C.S. § 1408(c) for local law enforcement grants shall be transferred to the State Parks User Fees Restricted Receipts Account for the purpose of implementing the provisions of this act by the Department of Conservation and Natural Resources. Explanatory Note. Act 53 amended or repealed sections 5702 and 5729 of Title 18, section 901 of Title 30, section 901 of Title 34, sections 67A01 and 67A07 of Title 42 and section 6171 of Title 61.
61 Pa.C.S. § 4506 — PA Code / Title 61 / Chapter 45 / Section 4506
Recidivism risk reduction incentive minimum.
Status: in_force

(a) Generally.--The board or its designee shall issue a decision to parole, without further review by the board, an inmate who has been sentenced to a recidivism risk reduction incentive minimum sentence at the expiration of that recidivism risk reduction incentive minimum sentence upon a determination that all of the following apply:

(1) The department certified that it has conducted an appropriate assessment of the treatment needs and risks of the inmate using nationally recognized assessment tools that have been normed and validated.

(2) The department has certified that it developed a program plan based on the assessment conducted under paragraph (1) that is designed to reduce the risk of recidivism through the use of recidivism risk reduction incentive programs authorized and approved under this chapter that are appropriate for that particular inmate.

(3) The department advised the inmate that the inmate is required to successfully complete the program plan.

(4) The inmate has successfully completed all required recidivism risk reduction incentive programs or other programs designated in the program plan.

(5) The inmate has maintained a good conduct record following the imposition of the recidivism risk reduction incentive minimum sentence.

(6) The reentry plan for the inmate is adequate.

(7) Individual conditions and requirements for parole have been established.

(8) Notice and opportunity to be heard was provided by the board to the sentencing court and the prosecuting attorney in a manner consistent with section 6137(g)(2) (relating to parole power).

(9) The department has certified that the inmate continues to be an eligible offender. In the event that a recidivism risk reduction minimum sentence was imposed under section 4505(b) (relating to sentencing), the department certifies that it has not received additional information demonstrating a history of past or present violent behavior which was not available at the time of sentencing and the prosecuting attorney was unaware of that information at the time of sentencing.

(10) There is no reasonable indication that the inmate poses a risk to public safety.

(b) Funding.--The department shall make all reasonable efforts to seek appropriate funding and resources in order to implement the recidivism risk reduction program.

(c) Program content.--Nothing in this section shall do any of the following:

(1) Require the department to include recidivism risk reduction programs in an individual program plan where the risk assessment indicates that such a program is unlikely to reduce recidivism for that particular inmate.

(2) Prohibit the department from including appropriate community works or public service projects as part of the program plan.

(3) Prohibit the department from making modifications to the program plan at any time in order to ensure

appropriate treatment and recidivism risk reduction incentive program placement.

(d) Adjudication.--Nothing in this section shall be interpreted as granting a right to be paroled to any person, and any decision by the board and its designees or the department, under this section, shall not be considered an adjudication under 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) and Ch. 7 Subch. A (relating to judicial review of Commonwealth agency action). Cross References. Section 4506 is referred to in section 6137 of this title.
61 Pa.C.S. § 6181 — PA Code / Title 61 / Chapter 61 / Section 6181
Status as peace officers.
Status: in_force

An agent is declared to be a peace officer and is given police power and authority throughout this Commonwealth to arrest without warrant, writ, rule or process any department-supervised offender for failing to report as required or for any other violation of his conditions of supervision. Cross References. Section 6181 is referred to in section 8332.7 of Title 42 (Judiciary and Judicial Procedure).
61 Pa.C.S. § 3125 — PA Code / Title 61 / Chapter 31 / Section 3125
Remainder of inmate accounts.
Status: in_force

(a) Payment on discharge.--All sums credited to an inmate shall be for the benefit of the inmate and paid to the inmate on the inmate's discharge.

(b) Use for present needs.--An inmate who has sums to the inmate's credit may, subject to the rules and regulations of the department, draw upon the balance of the wages for present needs.
61 Pa.C.S. § 1721 — PA Code / Title 61 / Chapter 17 / Section 1721
Scope of subchapter.
Status: in_force

This subchapter relates to county jail oversight boards. (Oct. 27, 2010, P.L.931, No.95, eff. imd.) 2010 Amendment. Section 27(1) of Act 95 provided that the amendment of section 1721 shall be retroactive to October 12, 2009.
61 Pa.C.S. § 4512 — PA Code / Title 61 / Chapter 45 / Section 4512
Applicability of chapter.
Status: in_force

This chapter shall apply to persons incarcerated under the supervision of the department.
61 Pa.C.S. § 1784 — PA Code / Title 61 / Chapter 17 / Section 1784
Construction contracts.
Status: in_force

Joint industrial farm and workhouse buildings 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 industrial farm and workhouse, once a week for four consecutive weeks. When so constructed, the joint industrial farm and workhouse buildings 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. § 4104 — PA Code / Title 61 / Chapter 41 / Section 4104
Selection for the State drug treatment program.
Status: in_force

(a) Duties of commission and sentencing judge.--

(1) Through the use of sentencing guidelines, the commission shall employ the term "eligible person" as defined in this chapter to further identify persons who would be potentially appropriate for participation in the State drug treatment program. The sentencing judge shall employ the sentencing guidelines to identify persons who are eligible for participation in the State drug treatment program. The judge shall consider the position of a victim of the crime, as advised by the prosecuting attorney, on whether to exclude the person from eligibility for placement in the State drug treatment program. The judge shall exclude the person from eligibility if the prosecuting attorney opposes eligibility. The judge shall note on the sentencing order if a person has been excluded from eligibility for the State drug treatment program. If the person is not excluded from eligibility, the minimum sentence imposed shall operate as the minimum for parole eligibility purposes if the person is not placed in the program by the department under subsection (c) or if the person is expelled from the program under section 4105(f) (relating to State drug treatment program).

(1.1) (Deleted by amendment).

(2)

(i) The prosecuting attorney shall advise the court if the prosecuting attorney or a victim of the crime opposes eligibility and, 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.

(ii) The court, after considering victim input, may refuse to accept the prosecuting attorney's waiver of the eligibility requirements.

(iii) (Deleted by amendment).

(iv) (Deleted by amendment).

(v) (Deleted by amendment).

(b) Assessment of addiction.--The department shall conduct an assessment of the addiction and other treatment needs of an eligible person and determine whether the person would benefit from the State drug treatment program, public safety would be enhanced by the person's participation in the State drug treatment program, and placement of the person in the State drug treatment program would not depreciate the seriousness of the offense. The assessment shall be conducted using a nationally recognized assessment instrument or an instrument that has been normed and validated on the department's inmate population by a recognized expert in such matters. The assessment instrument shall be administered by persons skilled in the treatment of drug and alcohol addiction and trained to

conduct assessments. The assessments shall be reviewed and approved by a supervisor with at least three years of experience providing drug and alcohol counseling services.

(1) (Deleted by amendment).

(2) (Deleted by amendment).

(c) Placement in the State drug treatment program.--If the department in its discretion believes an eligible person would benefit from the State drug treatment program and placement in the program is appropriate, the department shall make the placement and notify the court, the eligible person, the commission and the attorney for the Commonwealth of the placement.

(d) Prerequisites for commitment.--(Deleted by amendment).

(e) Resentencing.--(Deleted by amendment).

(f) Consecutive probation.--Nothing in this chapter shall prohibit the court from sentencing an eligible person to a consecutive period of probation. The total duration of the sentence may not exceed the maximum term for which the eligible person could otherwise be sentenced.

(g) Applicability and program limitations.--(Deleted by amendment).

(h) Videoconferencing.--(Deleted by amendment).

(i) Victims.--(Deleted by amendment).

(j) Definitions.--(Deleted by amendment). (July 5, 2012, P.L.1050, No.122, eff. 60 days; Dec. 18, 2019, P.L.776, No.115, eff. 60 days) Cross References. Section 4104 is referred to in section 4105 of this title.
61 Pa.C.S. § 6137.1 — PA Code / Title 61 / Chapter 61 / Section 6137.1
Short sentence parole.
Status: in_force

(a) General rule.--This section applies to persons committed to the department with an aggregate minimum sentence of confinement under 42 Pa.C.S. § 9756(b) (relating to sentence of total confinement) of two years or less or a recidivism risk reduction incentive minimum sentence under 42 Pa.C.S. § 9756(b.1) of two years or less, whichever is shorter. Regardless of sentence imposed, this section does not apply to:

(1) persons committed for or with an aggregate sentence containing a personal injury crime, or any criminal attempt, criminal solicitation or criminal conspiracy to commit a personal injury crime as defined in section 103 of the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act;

(1.1) persons committed for or with an aggregate sentence containing a crime of violence, or any criminal attempt, criminal solicitation or criminal conspiracy to commit a crime of violence as defined in 42 Pa.C.S. § 9714(g) (relating to sentences for second or subsequent offenses);

(2) persons committed for or with an aggregate sentence containing an offense under 18 Pa.C.S. Ch. 61 (relating to firearms and other dangerous articles) or a criminal attempt, criminal solicitation or criminal conspiracy to commit the offense;

(3) persons committed for or with an aggregate sentence containing 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 where the attorney for the Commonwealth has demonstrated that the defendant has been found guilty of or was convicted of an offense involving a deadly weapon or a criminal attempt, criminal solicitation or criminal conspiracy to commit the offense 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) persons committed for or with an aggregate sentence containing a violation of 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, including a criminal attempt, criminal solicitation or criminal conspiracy to commit the offense: 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). A criminal sentence pursuant to 42 Pa.C.S. § 9712.1 (relating to sentences for certain drug offenses committed with firearms). An offense listed under 42 Pa.C.S. Ch. 97 Subch. H (relating to registration of sexual offenders). An offense listed under 42 Pa.C.S. Ch. 97 Subch. I (relating to continued registration of sexual offenders).

(5) persons committed for or with an aggregate sentence containing an offense of drug trafficking as defined in section 4103 (relating to definitions) or a criminal attempt, criminal solicitation or criminal conspiracy to commit drug trafficking as defined in section 4103;

(6) persons awaiting trial or sentencing for additional criminal charges, if a conviction or sentence on the additional charges would cause the person to become ineligible under this subsection;

(7) persons who are currently serving a sentence to State prison and have been denied parole on that sentence;

(8) persons convicted of any criminal offense committed while incarcerated; or

(9) any person who the board, in its discretion, determines should be excluded from this section because:

(i) there exists an identifiable threat to public safety; or

(ii) inclusion substantially jeopardizes the rehabilitative needs of the person.

(b) Approval of parole.--The board shall, without requiring an interview, approve for parole a person eligible for short sentence parole under this section at the expiration of the person's minimum date or recidivism risk reduction incentive minimum date, whichever is shorter. If the person was committed to the department after expiration of the person's minimum date, the board shall approve the person for parole within 30 days after commitment to the department.

(b.1) Misconduct.--Notwithstanding subsection (b), a person shall not be eligible for short sentence parole under this section if the person has:

(1) been found guilty of a major disciplinary infraction while confined in a county correctional institution or State correctional institution; or

(2) a pending felony charge or outstanding felony arrest warrant or detainer, except that this section may be applied to allow a person to be paroled to a detainer related to an underlying felony charge.

(c) Nonapplicability.--The requirements of sections 6135 (relating to investigation of circumstances of offense), 6137(a)(3.1), (e)(1), (f) and (g) (relating to parole power) and 6139 (relating to parole procedure) and section 1101(e) of the Crime Victims Act do not apply to paroles under this section.

(d) Assessment.--The department shall provide a risk-and-needs assessment to the board, and the board shall establish initial conditions of parole based on the assessment.

(e) Applicability.--This section shall only apply to persons sentenced after the effective date of this section.

(f) Reports.--The Pennsylvania Commission on Sentencing shall provide a report to the General Assembly on cost savings and recidivism attributed to this section as follows:

(1) No later than two years after the effective date of this section.

(2) No later than two years after the report issued under paragraph (1).

(g) Procedures.--The board shall adopt procedures to carry out this section.

(h) Definition.--As used in this section, the term "major disciplinary infraction" means the violation:

(1) was sexual in nature;

(2) involved assaultive behavior or included a credible threat to cause bodily injury to another;

(3) involved possession or control of a weapon; or

(4) involved escape or possessing implements of escape. (Dec. 18, 2019, P.L.776, No.115, eff. imd.; Oct. 29, 2024, P.L.1095, No.125, eff. 60 days) 2024 Amendment. Act 125 amended subsec. (a)(4). 2019 Amendment. Act 115 added section 6137.1. Section 26 of Act 115 provided that the addition of section 6137.1 shall not be interpreted to create a right to parole or a liberty interest. The Commonwealth and its agencies shall not be subject to suit for failure to grant parole under section 6137.1. Cross References. Section 6137.1 is referred to in sections 4105, 6113, 6137, 6139 of this title; section 2153 of Title 42 (Judiciary and Judicial Procedure).
61 Pa.C.S. § 7115 — PA Code / Title 61 / Chapter 71 / Section 7115
Interstate Compact for the Supervision of Adult Offenders application fee.
Status: in_force

(a) Duty to pay.--

(1) A person on county probation or parole who applies for a transfer of supervision to another state through the Interstate Compact for the Supervision of Adult Offenders shall be required to pay an application fee with each application for transfer, unless the court finds that the application fee should be reduced, waived or deferred based upon the person's inability to pay. The application fees shall be collected by the county probation department or other agent designated by the county commissioners of the county with the approval of the president judge.

(2) A person on State probation or parole who applies for a transfer to another state through the Interstate Compact shall be required to pay an application fee to the department with each application for transfer, unless the board finds that the application fee should be reduced, waived or deferred based upon the person's inability to pay.

(b) Amount of application fee.--The State council shall establish the amount of the application fee which shall not exceed $150. The application fee shall be nonrefundable and shall be assessed for each application for transfer to another state.

(c) Application fee collected by county.--For administrative expenses, the county shall be entitled to retain a percentage of each application fee collected under this section which shall be deposited in the county's general fund. The percentage of the application fee that may be retained shall be determined by the State council 60 days prior to the beginning of each Commonwealth fiscal year commencing on July 1 and ending on June 30. The remaining portion of each application fee collected by the county shall be transmitted to the Commonwealth under subsection (d).

(d) Disposition.--Money received from the collection of the application fee shall be paid into the State Treasury and shall be credited to the general government operations of the department for expenses incurred in the administration of the Interstate Compact.

(e) Application fee.--The application fee as of the effective date of this subsection shall be $100, and the counties shall retain 100% of the fee collected until the application fee and county percentage are determined prior to

the beginning of the next Commonwealth fiscal year in accordance with subsections (b) and (c). (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 subsecs. (a)(2) and (d). 2010 Amendment. Act 95 added section 7115, retroactive to November 9, 2009.
61 Pa.C.S. § 7301 — PA Code / Title 61 / Chapter 73 / Section 7301
Board of Pardons.
Status: in_force

(a) Establishment.--The Board of Pardons is established for the purposes of:

(1) hearing applications for the remission of fines and forfeitures;

(2) granting of reprieves, commutations of sentence and pardons, except in cases of impeachment; and

(3) making recommendations in writing to the Governor thereon, in the manner provided under and subject to section 9 of Article IV of the Constitution of Pennsylvania.

(b) Composition.--The Board of Pardons shall consist of the following members:

(1) The Lieutenant Governor, who shall be chairperson.

(2) The Attorney General.

(3) Three members appointed by the Governor as provided under section 9 of Article IV of the Constitution of Pennsylvania.

(b.1) Terms.--Members shall serve a term of six years.

(c) Quorum.--Four members of the board shall constitute a quorum.

(d) Granting of hearings.--Hearings relating to the granting of reprieves, commutations of sentences and pardons for prisoners serving life sentences, sentences for crimes of violence or sentences for any other offense resulting in death or serious bodily injury may only be granted upon approval by a vote of a majority of the members of the Board of Pardons.

(e) Applicants under sentence of death.--In cases involving applicants under sentence of death, the application shall be filed within 10 days of the Governor's issuance of a warrant specifying a week for execution.

(f) Notice to victims.--The following apply:

(1) The Board of Pardons shall provide notice through the Office of Victim Advocate to victims or next of kin, including victims who are registered with the Department of Corrections, the Office of Victim Advocate, the Pennsylvania Parole Board, the Board of Pardons and those whose whereabouts are otherwise known.

(2) Individuals notified under this subsection shall be given the opportunity to offer prior comment on any application which has been granted a hearing by the Board of Pardons pertaining to the individual's case, which may be oral or written, and shall be considered by the Board of Pardons as to the advisability of any pardon or related release and any conditions of release.

(3) The Board of Pardons through the Office of Victim Advocate shall make all reasonable efforts to effectuate notice within 30 days of the date that a hearing is granted and at least 60 days prior to the hearing. The Board of Pardons and the Office of Victim Advocate shall certify in writing to each member of the Board of Pardons:

(i) the date and manner by which notice was effectuated; or

(ii) a detailed description of all means or measures employed to locate the victims or next of kin to furnish notice.

(4) During any hearing granted under this chapter, a victim or next of kin shall be permitted to offer testimony before the Board of Pardons in person, in writing or via videoconferencing or similar virtual presence technology at the sole discretion of the victim or next of kin.

(5) If the Board of Pardons fails to comply with any of the provisions of this subsection, any action by the Board of Pardons to which the failure to comply applies, including a vote or recommendation under this chapter, shall be null and void.

(g) Hearings.--Each member of the Board of Pardons shall interview an applicant in instances where the Board of Pardons chooses to have an application submitted by the following:

(1) an inmate serving a life sentence or a sentence of death;

(2) an inmate serving a sentence for murder of the third degree, voluntary manslaughter, attempt to commit murder of the third degree or attempt to commit voluntary manslaughter; or

(3) an inmate serving a sentence for a crime of violence.

(g.1) Interview.--An interview conducted under subsection

(g) shall be in person, unless any requisite travel or transport of the applicant would cause an undue medical hardship.

(h) Rules and regulations.--The Board of Pardons shall adopt rules and regulations governing actions of the board and all hearings and recommendations shall be subject to the rules and regulations.

(i) Recordkeeping.--The Board of Pardons shall keep records of all actions, which shall, at all times, be open for public inspection.

(j) Offices.--Upon request, the Department of Corrections shall make available facilities, administrative support and other assistance to the board. The Secretary of the Board of Pardons shall employ staff as necessary to carry out the board's duties under this chapter.

(k) 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:

"Crime of violence." As defined in 42 Pa.C.S. § 9714(g) (relating to sentences for second and subsequent offenses). APPENDIX TO TITLE 61 PRISONS AND PAROLE ------- Supplementary Provisions of Amendatory Statutes ------- 2009, AUGUST 11, P.L.147, NO.33 § 8. Continuation of prior law. Except as set forth in section 9 of this act, the addition of 61 Pa.C.S. Pts. I, II, III, IV and V is a continuation of the acts and parts of acts listed in section 11 of this act.

Explanatory Note. Act 33 added Parts I, II, III, IV and V of Title 61 and amended, added or repealed sections 102, 301, 1501, 1511, 1515, 1516, 1520, 2154.4, 2154.5, 2154.6, 9755.1, 9756, 9775, 9776 and 9777 and Chapter 99 of Title 42.
61 Pa.C.S. § 1162 — PA Code / Title 61 / Chapter 11 / Section 1162
Escaped inmate costs.
Status: in_force

(a) County jurisdiction.--

(1) The cost of transporting an escaped inmate under the jurisdiction of the county from the place of capture to any county correctional institution after being sentenced for the escape or for the commission of any crime or offense

following such escape and before apprehension, the cost of maintenance while confined in the county correctional institution awaiting trial, as well as the costs of the trial for the violation by an inmate under the jurisdiction of the county under 18 Pa.C.S. § 5121 (relating to escape) or of the trial for crimes and offenses committed after the escape and before apprehension or of the trial for crimes and offenses committed on the grounds or within the buildings of any county correctional institution, as well as the costs incurred in any proceedings on writs of habeas corpus, coram nobis or other petitions arising out of any escape or crime or the trials therefor, or in any appeals of any such proceedings or trials, shall, in each instance, be borne and paid by the respective counties of the Commonwealth from whose courts the inmates were originally committed to any county correctional institution.

(2) The county liable for costs under this subsection shall, upon bills rendered by the county paying the costs in the first instance, pay to that county the amount of the costs.

(b) State jurisdiction.--The cost of transporting escaped inmates under the jurisdiction of the Commonwealth from the place of capture to any State correctional institution after being sentenced for the escape, or for the commission of any criminal offense following the escape and before apprehension, as well as the costs of the trial for escape or breaking away of inmates from any State correctional institution or the violation by the inmates under the jurisdiction of the Commonwealth under 18 Pa.C.S. § 5121, or of the trial for crimes and offenses committed after such escape and before apprehension or of the trial for crimes and offenses committed on the grounds or within the buildings of any State correctional institution, as well as the costs incurred in any proceedings on writs of habeas corpus, coram nobis or other petitions arising out of any escape or criminal offense or the trials therefor, or in any appeals of any such proceedings or trials, shall, in each instance, be borne and paid by the Commonwealth.

(c) Definition.--As used in this section, the term "costs" includes, but is not limited to, charges for court stenographer, district attorney, witness fees, magisterial district judge, clerk of court, public defender and court-appointed attorney.
61 Pa.C.S. § 4608 — PA Code / Title 61 / Chapter 46 / Section 4608
Construction.
Status: in_force

Nothing in this act shall be construed to create an entitlement or a right of an eligible offender to receive treatment upon release from a county correctional institution.
61 Pa.C.S. § 6302 — PA Code / Title 61 / Chapter 63 / Section 6302
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." (Deleted by amendment).

"Certification." The assignment of a certification number to a probation or parole officer after successful completion of a mandatory basic training course or receipt of a waiver of basic training from the County Probation Officers' Firearm Education and Training Commission and successful completion of mandatory training.

"Commission." The County Probation Officers' Firearm Education and Training Commission.

"Fund." The County Probation Officers' Firearm Education and Training Fund established under section 6308 (relating to County Probation Officers' Firearm Education and Training Fund).

"Officer." A county probation or parole officer of this Commonwealth.

"Program." The County Probation Officers' Firearm Education and Training Program established in this chapter.

"School." A school currently approved by the Municipal Police Officers' Education and Training Commission under 53 Pa.C.S. Ch. 21 Subch. D (relating to municipal police education and training).

"Weapon-carrying officer." A county probation or parole officer who is authorized to carry a weapon in connection with performance of the duties of the officer's employment. (June 30, 2021, P.L.260, No.59, eff. imd.) 2021 Amendment. Act 59 deleted the def. of "board."
61 Pa.C.S. § 6113 — PA Code / Title 61 / Chapter 61 / Section 6113
Board action.
Status: in_force

(a) Quorum.--

(1) A majority of the board shall constitute a quorum for transacting business and, except as otherwise provided in this chapter and Chapter 45 (relating to recidivism risk reduction incentive), a majority vote of those present at any meeting shall be sufficient for any official action taken by the board. One or more members of the board may attend

and participate in any meeting via videoconferencing or similar virtual presence technology.

(2) Except as provided in subsections (b), (c), (d) and

(e), Chapter 45 and section 6137.1 (relating to short sentence parole), no person shall be paroled or discharged from parole or have his parole revoked, except by a majority of the entire membership of the board.

(b) Panel decisions.--The board may make decisions on parole, reparole, return or revocation in panels of two persons. A panel shall consist of one board member and one hearing examiner or of two board members. Panels shall be appointed by the chairperson or the chairperson's designee. A panel may act without meeting. A panel may meet and take action via videoconferencing or similar virtual presence technology, with the exception of in-person testimony under section 502 of the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act.

(c) Disagreement within panel.--

(1) If there is disagreement on a decision to parole between the members of a panel, the matter shall be decided by a board member appointed by the chairperson or the chairperson's designee, who shall concur with one of the original panel members.

(2) If there is disagreement on a revocation decision between the members of the panel, the matter shall be decided by three board members appointed by the chairperson or the chairperson's designee; at least two of these members must not have been on the disagreeing panel, if practicable.

(d) Appeal.--

(1) An interested party may appeal a revocation decision within 30 days of the board's order. The decision shall be reviewed by three board members appointed by the chairperson or the chairperson's designee.

(2) If practicable, at least two of the board members reviewing the decision must not have been on the panel whose decision is being appealed. The three board members deciding the appeal may affirm, reverse or remand the decision of the panel or may order the matter be heard de novo.

(e) Decision without review.--Subject to the provisions of section 6137(g) (relating to parole power), the board or its designee may issue a decision to parole an eligible offender as defined under section 4503 (relating to definitions) without further review by the board.

(f) Decision accountability.--The board shall develop, adopt and periodically update as deemed necessary, a parole decisional instrument that is tested prior to implementation, which incorporates evidence-based practices to assist and inform the board's professional judgment in the parole decision-making process. (Oct. 27, 2010, P.L.931, No.95, eff. imd.; June 30, 2021, P.L.260, No.59, eff. imd.)
61 Pa.C.S. § 3127 — PA Code / Title 61 / Chapter 31 / Section 3127
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. § 6308 — PA Code / Title 61 / Chapter 63 / Section 6308
County Probation Officers' Firearm Education and Training Fund.
Status: in_force

(a) Fund established.--The County Probation Officers' Firearm Education and Training Fund is established as a restricted receipts account within the General Fund. Moneys from the fund shall be used exclusively for the purposes described under this section.

(b) Costs imposed.--

(1) A person who accepts Accelerated Rehabilitative Disposition or pleads guilty or nolo contendere or is convicted of a felony or misdemeanor shall, in addition to any other court costs imposed under the laws of this Commonwealth, be sentenced to pay costs of $5. Costs collected by the clerk of courts under this subsection shall be paid into the fund.

(2) Moneys in the fund shall be used to offset or pay for:

(i) Training expenses.

(ii) Commission expenses.

(3) Disbursement and allocation of fund moneys shall be at the discretion of the commission.

(c) Other moneys to be used.--In addition to payment of training expenses as prescribed under subsection (b), training expenses may also be paid out of the county offender supervision fund under section 1102 of the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act, or any other county fund.

(d) Juvenile probation officer participation.--In the event that sufficient funds are not generated under the provisions of subsection (b) to fully fund the costs of providing training to juvenile probation officers, a training fee representing the prorated share of the additional actual cost thereof shall be payable by a participating juvenile probation officer's county of employment. Cross References. Section 6308 is referred to in section 6302 of this title.
61 Pa.C.S. § 6305 — PA Code / Title 61 / Chapter 63 / Section 6305
Powers and duties of commission.
Status: in_force

The powers and duties of the commission shall be as follows:

(1) To develop, establish and administer the minimum courses of study and training and competency standards for firearm training for county probation officers, including an initial curriculum of at least 40 hours and including the firing of a qualification course.

(2) To revoke an officer's certification for failing to comply with educational and training requirements established by the commission.

(3) To approve or revoke the approval for the purposes of this chapter of any school that may be utilized to comply with the educational and training requirements as established by the commission.

(4) To establish the minimum qualifications for instructors, to approve or revoke the approval of any instructor and to develop the requirements for continued certification.

(5) To promote the most efficient and economical program for training by utilizing existing facilities, programs and qualified Federal, State and local police personnel.

(6) To make an annual report to the Governor and to the General Assembly concerning:

(i) The administration of the program.

(ii) The activities of the commission, together with any recommendations for executive or legislative actions.

(7) To require in accordance with this chapter county probation officers to attend a minimum number of hours in in-service training as provided for by regulation, unless the officer's employer files a show-cause document with the commission, requesting additional time for the officer to comply with the in-service training requirements. Approval of the request shall be made by the commission on a case-by-case basis.

(8) To appoint an administrative officer who shall serve and be directly responsible to the commission.

(9) To consult and cooperate with universities, colleges, community colleges and institutes for the development of specialized courses for county probation and parole officers.

(10) To consult and cooperate with departments and agencies of this Commonwealth and other states and the Federal Government concerned with county probation officer training.

(11) To certify officers who have satisfactorily completed basic educational and training requirements as established by the commission and to issue appropriate certificates to these officers.

(12) To visit and inspect approved schools at least once every two years. This inspection requirement does not apply where training is conducted locally at a satellite center consisting of a classroom and shooting range.

(13) To make rules and regulations and to perform other duties as may be reasonably necessary or appropriate to implement the training program for county probation officers.

(14) To consider granting waivers of mandatory basic training to county probation officers who have successfully completed previous equivalent training.

(15) To maintain certifications and other records as necessary.

(16) To issue reports to the president judges of the courts of common pleas relating to compliance with this chapter.
61 Pa.C.S. § 27 — PA Code / Title 61 / Chapter 27 / Section 27
Applicability.
Status: in_force

The following shall apply to transfers:

(1) The Pennsylvania Parole Board and the functions, powers and duties of the Pennsylvania Parole Board, including the powers and duties contained in 61 Pa.C.S. Ch. 61 Such. F and that formerly resided within the Pennsylvania Parole Board, are transferred to the Department of Corrections.

(2) Upon approval of the Governor, the following are transferred to the Department of Corrections, to be used, employed and expended in connection with the functions, powers and duties transferred under paragraph (1):

(i) Personnel, contract obligations, records, files, property, supplies and equipment being used or held on the effective date of this section in connection with the functions, powers and duties transferred under paragraph (1).

(ii) Personnel transferred under this section who on the effective date of this section hold civil service employment status shall retain such status and protections afforded under 71 Pa.C.S. Pt. III while they remain in their current position.

(iii) Unexpended balances of appropriations, allocations and other funds available or to be made available for use in connection with the functions, powers and duties transferred under paragraph (1).

(3) To the extent that any employee of the Pennsylvania Parole Board is transferred to the Department of Corrections as a result of this act, such action shall not require the department or the Pennsylvania Parole Board to engage in collective bargaining or impact bargaining with the collective bargaining representative of the employees under the act of July 23, 1970 (P.L.563, No.195), known as the Public Employe Relations Act, or any other laws of this Commonwealth. Explanatory Note. Act 59 amended, added or repealed sections 2151.1, 2155, 5950, 5952, 6307, 8332.7, 8340, 9543.1, 9718.5, 9727, 9764, 9776, 9777, 9799.13, 9799.16, 9799.19, 9799.20, 9799.22, 9799.24, 9799.25, 9799.29, 9799.30, 9799.31, 9799.32, 9799.33, 9799.35, 9799.38, 9799.54, 9799.55, 9799.56, 9799.58, 9799.64, 9799.65, 9799.66, 9799.67, 9799.68, 9799.69, 9799.72 and 9912 of Title 42, sections 102, 1106, 5001, 5002, 5003, 5004, 5005, 5006, 5007, 5008, Part IV heading, sections 6101, 6102, 6111, 6112, 6113, 6116, 6118, 6119, 6120, 6121, 6124, 6131, 6132, 6133, 6134, 6134.1, 6136, 6137, 6138, 6139, 6140, 6141, 6143, Subchapters D, F and G, sections 6302, 7115, 7121, 7122 and Chapter 73 of Title 61 and section 5102 of Title 71.