reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 31 - Inmate Labor › Section 3106 - Inmate-made goods to be branded

§ 3106. Inmate-made goods to be branded.
(a) General rule.--
All goods, wares, merchandise or other article or thing made by inmate labor in any correctional institution or other establishment in which inmate labor is employed, whether for the direct benefit and maintenance of the correctional institution or other establishment or upon contract by the authorities of the same with any third person, immediately upon the completion of the same, shall be branded as provided in this section and may not be taken into or exposed in any place for sale at wholesale or retail without that brand.
(b) Style and place of brand.--
(1) The brand required by this section shall be in plain English lettering and shall contain at the head or top of the brand the words "inmate made," followed by the year and name of the correctional institution or other establishment in which made.
(2) The brand shall in all cases, when the nature of the article will permit, be placed on the article and only where the branding is impossible may it be placed on the box or other receptacle or covering in which it is contained.
(3) The brand shall be affixed to the article by casting, burning, pressing or other such process or means so that the article may not be defaced and in all cases shall be upon the most conspicuous place upon the article or the box, receptacle or covering containing the article.
(c) Applicability.--
This section shall not apply to goods, wares and merchandise shipped to points outside of this Commonwealth.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 31 - Inmate Labor › Section 3107 - Sale of inmate-made goods

§ 3107. Sale of inmate-made goods.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 31 - Inmate Labor › Section 3121 - Inmates to be employed

§ 3121. Inmates to be employed.
The Chief Administrators at any correctional institution established by the Commonwealth may employ inmates under their control for and on behalf of the Commonwealth, any county, city, borough or township or for any public institution owned, managed and controlled by the Commonwealth.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 31 - Inmate Labor › Section 3123 - Deposit of sales receipts

§ 3123. Deposit of sales receipts.
(a) General rule.--
The receipts from the sales of manufactured articles, sold as authorized in this subchapter, shall be deposited into the Manufacturing Fund and used for the purchase of further material, equipment, machinery, supplies, staff compensation and inmate pay.
(b) Monthly reporting.--
The department shall make a full monthly report of the products, sales, receipts and disbursements of the industries authorized under this subchapter to the Auditor General.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 31 - Inmate Labor › Section 3124 - Inmates accounts

§ 3124. Inmates accounts.
(a) Duty to maintain.--
The department shall maintain an account of the labor performed by all inmates under sentence in the institution.
(b) Contents of accounts.--
In the account, the department shall credit the inmate with wages for the time the inmate is actually engaged in work. The rate of the wage and the amount credited to each inmate shall be determined at the discretion of the department.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 31 - Inmate Labor › Section 3125 - Remainder of inmate accounts

§ 3125. Remainder of inmate accounts.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 31 - Inmate Labor › Section 3126 - Inmate-made goods to be branded

§ 3126. Inmate-made goods to be branded.
(a) General rule.--
All goods, wares, merchandise or other article or thing made by inmate labor in any correctional institution or other establishment in which inmate labor is employed, whether for the direct benefit and maintenance of the correctional institution or other establishment or upon contract by the authorities of the same with any third person, immediately upon the completion of the same, shall be branded as provided in this section and may not be taken into or exposed in any place for sale at wholesale or retail without that brand.
(b) Style and place of brand.--
(1) The brand required by this section shall be in plain English lettering and shall contain at the head or top of the brand the words "inmate made," followed by the year and name of the department, correctional institution or other establishment in which made.
(2) The brand shall in all cases, when the nature of the article will permit, be placed on the article and only where the branding is impossible may it be on the box or other receptacle or covering in which it is contained.
(3) The brand shall be affixed to the article by casting, burning, pressing or other such process or means so that the article may not be defaced and in all cases shall be upon the most conspicuous place upon the article or the box, receptacle or covering containing the article.
(c) Applicability.--
This section shall not apply to goods, wares and merchandise shipped to points outside this Commonwealth.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 31 - Inmate Labor › Section 3127 - Sale of inmate-made goods

§ 3127. Sale of inmate-made goods.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 33 - Medical Services › Section 3302 - Definitions

§ 3302. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Program."
The Medical Services Program established for inmates under section 3303 (relating to Medical Services Program).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 33 - Medical Services › Section 3303 - Medical Services Program

§ 3303. Medical Services Program.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 33 - Medical Services › Section 3304 - Powers and duties of department

§ 3304. Powers and duties of department.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 33 - Medical Services › Section 3305 - Costs outstanding upon release

§ 3305. Costs outstanding upon release.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 33 - Medical Services › Section 3306 - Report to General Assembly

§ 3306. Report to General Assembly.
The department shall submit to the chairmen and minority chairmen of the Appropriations Committee and the Judiciary Committee of the Senate and the chairmen and minority chairmen of the Appropriations Committee and the Judiciary Committee of the House of Representatives an annual report on the program. The report shall provide information on the fees charged and the fees collected under the program and shall include a summary of the annual audit of the program as required under section 3304 (relating to powers and duties of department). The report may recommend legislative changes for the program and propose model legislation for counties which may wish to develop similar programs.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 35 - Visitation › Extra - Chapter Notes

Enactment.
Chapter 35 was added August 11, 2009, P.L.147, No.33, effective in 60 days.
Prior Provisions.
Former Subchapter A, which related to general provisions, was added August 11, 2009,
            P.L.147, No.33, and reserved July 5, 2012, P.L.1050, No.122, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 35 - Visitation › Section 3501 - (Reserved)

§ 3501. (Reserved).
Prior Provisions.
Former section 3501, which related to gubernatorial visitor for philanthropic purposes, was added August 11, 2009, P.L.147, No.33, and reserved July 5, 2012, P.L.1050, No.122, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 35 - Visitation › Section 3502 - (Reserved)

§ 3502. (Reserved).
Prior Provisions.
Former section 3502, which related to official visitors, was added August 11, 2009, P.L.147, No.33, and reserved July 5, 2012, P.L.1050, No.122, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 35 - Visitation › Section 3503 - (Reserved)

§ 3503. (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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 35 - Visitation › Section 3512 - Definitions

§ 3512. Definitions.
The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Official visitor."
The Governor, Lieutenant Governor, President pro tempore and members of the Senate, Speaker and members of the House of Representatives, justices and judges of the courts of record, General Counsel, Attorney General and his deputies and authorized members of the Pennsylvania Prison Society who have been designated as official visitors, whose names shall be given to a chief administrator, in writing, together with the terms of their appointment under its corporate seal.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 37 - Inmate Prerelease Plans › Section 3701 - Establishment of prerelease centers (Repealed)

§ 3701. Establishment of prerelease centers (Repealed).
2012 Repeal.
Section 3701 was repealed July 5, 2012, P.L.1050, No.122, effective July 1, 2013.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 37 - Inmate Prerelease Plans › Section 3702 - Prerelease plan for inmates (Repealed)

§ 3702. Prerelease plans for inmates (Repealed).
2012 Repeal.
Section 3702 was repealed July 5, 2012, P.L.1050, No.122, effective July 1, 2013.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 37 - Inmate Prerelease Plans › Section 3703 - Rules and regulations (Repealed)

§ 3703. Rules and regulations (Repealed).
2012 Repeal.
Section 3703 was repealed July 5, 2012, P.L.1050, No.122, effective July 1, 2013.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 37 - Inmate Prerelease Plans › Section 3704 - Salaries and wages of inmates (Repealed)

§ 3704. Salaries and wages of inmates (Repealed).
2012 Repeal.
Section 3704 was repealed July 5, 2012, P.L.1050, No.122, effective July 1, 2013.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 39 - Motivational Boot Camp › Extra - Chapter Notes

Enactment.
Chapter 39 was added August 11, 2009, P.L.147, No.33, effective in 60 days.
Cross References.
Chapter 39 is referred to in section 9721 of Title 42 (Judiciary and Judicial Procedure).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 39 - Motivational Boot Camp › Section 3902 - Declaration of policy

§ 3902. Declaration of policy.
The General Assembly finds and declares as follows:
(1) The Commonwealth recognizes the severe problem of overcrowding in correctional institutions and understands that overcrowding is a causative factor contributing to insurrection and prison rioting.
(2) The Commonwealth also recognizes that the frequency of convictions responsible for the dramatic expansion of the population in correctional institutions is attributable in part to the increased use of drugs and alcohol.
(3) The Commonwealth, in wishing to salvage the contributions and dedicated work which its displaced citizens may someday offer, is seeking to explore alternative methods of incarceration which might serve as the catalyst for reducing criminal behavior.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 39 - Motivational Boot Camp › Section 3903 - Definitions

§ 3903. Definitions.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 39 - Motivational Boot Camp › Section 3904 - Selection of inmate participants

§ 3904. Selection of inmate participants.
(a) Duties of commission.--
Through the use of sentencing guidelines, the commission shall employ the definition of "eligible inmate" as provided in this chapter to further identify inmates who would be appropriate for participation in a motivational boot camp.
(b) Duties of sentencing judge.--
The sentencing judge shall employ the sentencing guidelines to identify those defendants who are eligible for participation in a motivational boot camp. The judge shall have the discretion to exclude a defendant from eligibility if the judge determines that the defendant would be inappropriate for placement in a motivational boot camp. The judge shall note on the sentencing order whether the defendant has been excluded from eligibility for a motivational boot camp program.
(c) Duties of department.--
The secretary shall promulgate rules and regulations providing for inmate selection criteria and the establishment of motivational boot camp selection committees within each diagnostic and classification center of the department.
(d) Waiver of eligibility requirements.--
(1) The prosecuting attorney, in the prosecuting attorney's sole discretion, may advise the court that the Commonwealth has elected to waive the eligibility requirements of this chapter if the victim has been given notice of the prosecuting attorney's intent to waive the eligibility requirements and an opportunity to be heard on the issue.
(2) The court, after considering victim input, may refuse to accept the prosecuting attorney's waiver of the eligibility requirements.
(July 5, 2012, P.L.1050, No.122, eff. 60 days; Dec. 18, 2019, P.L.776, No.115, eff. imd.)
2019 Amendment.
Act 115 amended subsec. (b).
2012 Amendment.
Act 122 added subsec. (d).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 39 - Motivational Boot Camp › Section 3905 - Motivational boot camp program

§ 3905. Motivational boot camp program.
(a) Establishment.--
There is hereby established in the department a motivational boot camp program.
(b) Program objectives.--
The objectives of the program are:
(1) To protect the health and safety of the Commonwealth by providing a program which will reduce recidivism and promote characteristics of good citizenship among eligible inmates.
(2) To divert inmates who ordinarily would be sentenced to traditional forms of confinement under the custody of the department to motivational boot camps.
(3) To provide discipline and structure to the lives of eligible inmates and to promote these qualities in the postrelease behavior of eligible inmates.
(c) Rules and regulations.--
(1) The secretary shall promulgate rules and regulations which shall include, but not be limited to, inmate discipline, selection criteria, programming and supervision and administration.
(2) The department shall provide four weeks of intensive training for all staff prior to the start of their involvement with the program.
(d) Approval.--
Motivational boot camp programs may be established only at correctional institutions classified by the secretary as motivational boot camp institutions.
(e) Evaluation.--
(Deleted by amendment).
(Dec. 18, 2019, P.L.776, No.115, eff. imd.)
2019 Amendment.
Act 115 deleted subsec. (e).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 39 - Motivational Boot Camp › Section 3906 - Procedure for selection of participant in motivational boot camp program

§ 3906. Procedure for selection of participant in motivational boot camp program.
(a) Application.--
An eligible inmate may make an application to the motivational boot camp selection committee for permission to participate in the motivational boot camp program.
(b) Selection.--
If the selection committee determines that an inmate's participation in the program is consistent with the safety of the community, the welfare of the applicant, the programmatic objectives and the rules and regulations of the department, the committee shall forward the application to the secretary or his designee for approval or disapproval.
(c) Conditions.--
Applicants may not participate in the motivational boot camp program unless they agree to be bound by all the terms and conditions thereof and indicate their agreement by signing a memorandum of understanding.
(d) Qualifications to participate.--
Satisfaction of the qualifications set forth in this section to participate does not mean that an inmate will automatically be permitted to participate in the program.
(e) Expulsion from program.--
(1) An inmate's participation in the motivational boot camp unit may be suspended or revoked for administrative or disciplinary reasons.
(2) The department shall develop regulations consistent with this subsection.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 39 - Motivational Boot Camp › Section 3907 - Completion of motivational boot camp program

§ 3907. Completion of motivational boot camp program.
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).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 39 - Motivational Boot Camp › Section 3909 - Evaluation

§ 3909. Evaluation.
The department and the commission shall monitor and evaluate the motivational boot camp program to ensure that the programmatic objectives are met.
(Oct. 27, 2010, P.L.931, No.95, eff. imd.)
2010 Amendment.
Act 95 added section 3909.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 41 - State Drug Treatment Program › Extra - Chapter Notes

Enactment.
Chapter 41 was added August 11, 2009, P.L.147, No.33, effective in 60 days.
Cross References.
Chapter 41 is referred to in section 2153 of Title 42 (Judiciary and Judicial Procedure).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 41 - State Drug Treatment Program › Section 4101 - Scope of chapter

§ 4101. Scope of chapter.
This chapter relates to the State drug treatment program.
(Dec. 18, 2019, P.L.776, No.115, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 41 - State Drug Treatment Program › Section 4102 - Findings and purpose

§ 4102. Findings and purpose.
The General Assembly finds as follows:
(1) Many crimes are committed by persons who, because of their addiction to drugs or alcohol, are unable to maintain gainful employment.
(2) These persons often commit crimes as a means of obtaining the funds necessary to purchase drugs or alcohol.
(3) Many persons commit crimes while under the influence of drugs or alcohol even though they are not addicted to such substances in a clinical sense.
(4) Punishing persons who commit crimes is an important aspect of recognizing the harm that criminals visit upon their victims.
(5) Many people who commit crimes will be able to become law-abiding, contributing members of society if they are able to obtain treatment for their drug or alcohol addiction or abuse.
(6) The purpose of this chapter is to create a program that punishes persons who commit crimes, but also provides treatment that offers the opportunity for those persons to address their drug or alcohol addiction or abuse and thereby reduce the incidents of recidivism and enhance public safety.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 41 - State Drug Treatment Program › Section 4106 - Written guidelines and regulations

§ 4106. Written guidelines and regulations.
The department shall develop written guidelines for participant selection criteria and the establishment of drug offender treatment program selection committees within each diagnostic and classification center of the department and shall address suspensions and expulsions from the drug offender treatment program. The guidelines shall not be subject to the act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act, and shall be effective for a period of two years upon publication in the Pennsylvania Bulletin. The guidelines shall be replaced by regulations promulgated by the department consistent with the Regulatory Review Act within the two-year period during which the guidelines are effective. The regulations shall include a requirement that community-based therapeutic communities utilized in the drug offender treatment program be accredited as a therapeutic community for treatment of drug and alcohol abuse and addiction by the Commission on Accreditation of Rehabilitation Facilities or other nationally recognized accreditation organization for community-based therapeutic communities for drug and alcohol addiction treatment.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 41 - State Drug Treatment Program › Section 4107 - Evaluation

§ 4107. Evaluation.
(a) Final report.--
(Deleted by amendment).
(b) Evaluation and report to General Assembly.--
The department shall monitor and evaluate the State drug treatment program to ensure that the programmatic objectives are met. Every three years, the department shall present a report of its evaluation to the Judiciary Committee of the Senate and the Judiciary Committee of the House of Representatives no later than February 1. The report shall include:
(1) The number of persons evaluated for the State drug treatment program.
(2) The number of persons placed into the State drug treatment program.
(3) The number of persons sentenced to a State correctional institution who may have been eligible for the State drug treatment program.
(4) The number of persons successfully completing the State drug treatment program.
(5) The six-month, one-year, three-year and five-year recidivism rates for persons who have completed the State drug treatment program and for a comparison group of persons who were not placed in the State drug treatment program.
(6) Any changes the department believes will make the State drug treatment program more effective.
(Dec. 18, 2019, P.L.776, No.115, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 41 - State Drug Treatment Program › Section 4108 - Construction

§ 4108. Construction.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 41 - State Drug Treatment Program › Section 4109 - Evaluation (Repealed)

§ 4109. Evaluation (Repealed).
2010 Repeal.
Section 4109 was repealed October 27, 2010, P.L.931, No.95, effective immediately.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 43 - Execution Procedure and Method › Section 4301 - Definitions

§ 4301. Definitions.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 43 - Execution Procedure and Method › Section 4302 - Issuance of warrant

§ 4302. Issuance of warrant.
(a) Time.--
(1) After the receipt of the record pursuant to 42 Pa.C.S. § 9711(i) (relating to sentencing procedure for murder of the first degree), unless a pardon or commutation has been issued, the Governor shall, within 90 days, issue a warrant specifying a day for execution which shall be no later than 60 days after the date the warrant is signed.
(2) If, because of a reprieve or a judicial stay of the execution, the date of execution passes without imposition of the death penalty, unless a pardon or commutation has been issued, the Governor shall, within 30 days after receiving notice of the termination of the reprieve or the judicial stay, reissue a warrant specifying a day for execution which shall be no later than 60 days after the date of reissuance of the warrant.
(b) Secretary.--
The warrant shall be directed to the secretary commanding that the subject of the warrant be executed on the day named in the warrant and in the manner prescribed by law.
(c) Failure to timely comply.--
If the Governor fails to timely comply with the provisions of this section and a pardon or commutation has not been issued, the secretary shall, within 30 days following the Governor's failure to comply, schedule and carry out the execution no later than 60 days from the date by which the Governor was required to sign the warrant under subsection (a).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 43 - Execution Procedure and Method › Section 4303 - Terms of confinement

§ 4303. Terms of confinement.
Upon receipt of the warrant, the secretary shall, until infliction of the death penalty or until lawful discharge from custody, keep the inmate in solitary confinement. During the confinement, no person shall be allowed to have access to the inmate without an order of the sentencing court, except the following:
(1) The staff of the department.
(2) The inmate's counsel of record or other attorney requested by the inmate.
(3) A spiritual adviser selected by the inmate or the members of the immediate family of the inmate.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 43 - Execution Procedure and Method › Section 4304 - Method of execution

§ 4304. Method of execution.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 43 - Execution Procedure and Method › Section 4305 - Witnesses to execution

§ 4305. Witnesses to execution.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 43 - Execution Procedure and Method › Section 4306 - Certification of chief administrator

§ 4306. Certification of chief administrator.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 43 - Execution Procedure and Method › Section 4307 - Postmortem examination

§ 4307. Postmortem examination.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 45 - Recidivism Risk Reduction Incentive › Extra - Chapter Notes

Enactment.
Chapter 45 was added August 11, 2009, P.L.147, No.33, effective in 60 days.
Cross References.
Chapter 45 is referred to in section 6113 of this title; section 9756 of Title 42
            (Judiciary and Judicial Procedure).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 45 - Recidivism Risk Reduction Incentive › Section 4502 - Purpose of chapter

§ 4502. Purpose of chapter.
This chapter seeks to create a program that ensures appropriate punishment for persons who commit crimes, encourages inmate participation in evidence-based programs that reduce the risks of future crime and ensures the openness and accountability of the criminal justice process while ensuring fairness to crime victims.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 45 - Recidivism Risk Reduction Incentive › Section 4504 - Recidivism risk reduction incentive programs

§ 4504. Recidivism risk reduction incentive programs.
(a) Authorization.--
Subject to the provisions of this chapter, the department may create or otherwise designate treatment or other programs as recidivism risk reduction incentive programs.
(b) Intent.--
This chapter is intended to encourage eligible offenders committed to the custody of the department to participate in and successfully complete evidence-based programs under this chapter that reduce the likelihood of recidivism and improve public safety.
(c) Program requirements.--
In accordance with the provisions of this chapter, the department may designate a treatment program or other program as a recidivism risk reduction incentive program if there is appropriate scientific research that demonstrates that the proposed program would likely reduce overall recidivism rates or serious crime rates of program participants. A recidivism risk reduction incentive program designed to provide treatment in the form of a therapeutic community for drug abuse or addiction shall meet the requirements of an institutional therapeutic community as defined under section 4103 (relating to definitions).
(d) Consultation.--
The department shall consult with appropriate research and technical assistance organizations, such as the National Institute of Justice, the National Institute of Corrections and the American Correctional Association concerning evidence-based programs that reduce recidivism risks of inmates and the scientific research relating to those programs.
(e) Program approval process.--
(1) The department shall publish, in a manner reasonably calculated to inform, a detailed description of the program, the types of inmates who will be eligible to participate in the program, the name and citation of research reports that demonstrate the effectiveness of the proposed program and the name and address of a department contact person responsible for receiving public comments. On the same date as publication, the department shall also deliver a copy of the list to the Judiciary Committee of the Senate, the Judiciary Committee of the House of Representatives, the board, the commission and the victim advocate.
(2) Upon consideration of the public comments and the expiration of at least 60 days from the date of publication required under paragraph (1), the department may designate any program published as approved for inclusion in the recidivism risk reduction incentive program.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 45 - Recidivism Risk Reduction Incentive › Section 4507 - Authority of board

§ 4507. Authority of board.
If an inmate has been sentenced by a court to a recidivism risk reduction incentive minimum sentence and the inmate is not paroled under this chapter, the board may grant parole. Except as otherwise provided under this chapter, the board shall retain its power and authority to parole, commit and reparole inmates committed to the department.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 45 - Recidivism Risk Reduction Incentive › Section 4508 - Written guidelines and regulations

§ 4508. Written guidelines and regulations.
The department, upon consultation with the board, shall develop written interim guidelines to assist in the implementation of the provisions of this chapter. The interim guidelines shall not be subject to the requirements of the act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act, and shall be effective for a period of two years after publication in the Pennsylvania Bulletin. The interim guidelines shall be replaced by regulations promulgated by the department consistent with the Regulatory Review Act on or before the date of expiration of the interim guidelines.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 45 - Recidivism Risk Reduction Incentive › Section 4509 - Evaluation (Repealed)

§ 4509. Evaluation (Repealed).
2019 Repeal.
Section 4509 was repealed December 18, 2019, P.L.776, No.115, effective immediately.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 45 - Recidivism Risk Reduction Incentive › Section 4510 - Reports (Repealed)

§ 4510. Reports (Repealed).
2019 Repeal.
Section 4510 was repealed December 18, 2019, P.L.776, No.115, effective immediately.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 45 - Recidivism Risk Reduction Incentive › Section 4511 - Construction of chapter

§ 4511. Construction of chapter.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 46 - Nonnarcotic Medication Assisted Substance Abuse Treatment Grant Pilot Program › Section 4602 - Establishment of pilot program

§ 4602. Establishment of pilot program.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 46 - Nonnarcotic Medication Assisted Substance Abuse Treatment Grant Pilot Program › Section 4603 - County participation requirements

§ 4603. County participation requirements.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 46 - Nonnarcotic Medication Assisted Substance Abuse Treatment Grant Pilot Program › Section 4604 - Use of grant funding

§ 4604. Use of grant funding.
(a) County.--
A county awarded a grant under the pilot program shall contract with an entity, provider or organization that shall:
(1) Assess each offender, prior to reentry into the community, and determine if the offender is a candidate to whom should be administered medication that prevents relapse to drug dependence or alcohol dependence, or both.
(2) Create an individualized program for each offender identified under paragraph (1).
(3) Provide access to and administer long-acting nonnarcotic, nonaddictive medication assisted treatment.
(4) Provide clinically appropriate inpatient or outpatient services determined as necessary to support each individual's treatment plan.
(5) Cooperate with the county probation and parole office as to the use of any drug under paragraph (1) by any eligible offender.
(6) Create a discharge plan for each offender under paragraph (1).
(b) Requirement of participants.--
Each participant must agree to waive the privacy requirements of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191, 110 Stat. 1936) to the extent needed for the county to have access to the information required under this section.
Cross References.
Section 4604 is referred to in section 4603 of this title.