reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 63 - Juvenile Matters › Section 6364 - Supervision under foreign order

§ 6364. Supervision under foreign order.
(a) General rule.--
Upon receiving a request of a juvenile court of another state which has adopted the Uniform Juvenile Court Act, or a substantially similar law which includes provisions corresponding to section 6363 (relating to ordering foreign supervision) and this section to provide supervision of a child under the jurisdiction of that court, a court of this Commonwealth may issue its written acceptance to the requesting court and designate its probation or other appropriate officer who is to provide supervision, stating the probable cost per day therefor.
(b) Supervision and report.--
Upon the receipt and filing of a certified copy of the order of the requesting court placing the child under the supervision of the officer so designated the officer shall arrange for the reception of the child from the requesting court, provide supervision pursuant to the order and this chapter, and report thereon from time to time together with any recommendations he may have to the requesting court.
(c) Costs and expenses.--
The court of this Commonwealth from time to time shall certify to the requesting court the cost of supervision that has been incurred and request payment therefor from the appropriate officials of the county or parish of the requesting court to the county of the accepting court.
(d) Termination of supervision.--
The court of this Commonwealth at any time may terminate supervision by notifying the requesting court. In that case, or if the supervision is terminated by the requesting court, the probation officer supervising the child shall return the child to a representative of the requesting court authorized to receive him.
Cross References.
Section 6364 is referred to in sections 6321, 6363 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 63 - Juvenile Matters › Section 6365 - Powers of foreign probation officers

§ 6365. Powers of foreign probation officers.
If a child has been placed on probation or protective supervision by a juvenile court of another state which has adopted the Uniform Juvenile Court Act or a substantially similar law which includes provisions corresponding to this section, and the child is in this Commonwealth with or without the permission of that court, the probation officer of that court or other person designated by that court to supervise or take custody of the child has all the powers and privileges in this Commonwealth with respect to the child as given by this chapter to like officers or persons of this Commonwealth including the right of visitation, counseling, control, and direction, taking into custody, and returning to that state.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 63 - Juvenile Matters › Section 6371 - Definitions

§ 6371. 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:
"Commission."
The Juvenile Court Judges' Commission created pursuant to section 6372(a) (relating to Juvenile Court Judges' Commission).
"Commissioner."
A member appointed to the Juvenile Court Judges' Commission pursuant to section 6372(b) (relating to Juvenile Court Judges' Commission).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 63 - Juvenile Matters › Section 6372 - Juvenile Court Judges' Commission

§ 6372. Juvenile Court Judges' Commission.
(a) Establishment.--
There is hereby established in the Office of General Counsel the Juvenile Court Judges' Commission.
(b) Composition.--
The commission shall consist of nine judges who shall be appointed by the Governor from a list of judges, serving in the juvenile courts, selected and submitted by the Chief Justice of Pennsylvania.
(c) Tenure.--
Of the first nine appointees to the commission, three shall serve for three years, three for two years and three for one year. After the initial term, the term for all members shall be three years.
(d) Officers.--
The commission shall annually select one of its members as chairman and one member as secretary.
(e) Staff.--
The chairman, with the approval of the majority of the commission, may appoint and fix the compensation of assistants, clerks and stenographers as he deems necessary to enable the commission to perform its powers and duties. During his term of employment, no assistant shall engage, directly or indirectly, in the practice of law in any juvenile court in this Commonwealth.
(f) Staff compensation.--
The compensation of the assistants, clerks and stenographers shall be fixed within limitations fixed by the Executive Board and shall be eligible to apply for membership in the State Employees' Retirement System.
(g) Meetings.--
Each year there shall be quarterly meetings of the commission and such additional meetings as the chairman shall deem necessary. Each commissioner attending the meetings shall be paid only his necessary expenses incurred in attending the meetings. Five members of the commission shall constitute a quorum at meetings.
Cross References.
Section 6372 is referred to in section 6371 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 63 - Juvenile Matters › Section 6373 - Powers and duties

§ 6373. Powers and duties.
The commission shall have the power and is required to do the following:
(1) Advise the juvenile court judges of this Commonwealth in all matters pertaining to the proper care and maintenance of delinquent and dependent children.
(2) Examine the administrative methods and judicial procedure used in juvenile courts throughout this Commonwealth, establish standards and make recommendations on the same to the courts presiding over juvenile proceedings within this Commonwealth.
(3) Examine the personnel practices and employment standards used in probation offices in this Commonwealth, establish standards and make recommendations on the same to courts presiding over juvenile proceedings within this Commonwealth.
(4) Collect and analyze data to identify trends and to determine the effectiveness of programs and practices to ensure the reasonable and efficient administration of the juvenile court system, make recommendations concerning evidence-based programs and practices to judges, the Administrative Office of Pennsylvania Courts and other appropriate entities and post related information on the commission's publicly accessible Internet website.
(May 17, 2012, P.L.261, No.42, eff. 60 days)
2012 Amendment.
Act 42 amended par. (4).
Cross References.
Section 6373 is referred to in section 6309 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 64 - Court-ordered Involuntary Treatment of Certain Sexually Violent Persons › Extra - Chapter Notes

Enactment.
Chapter 64 was added August 14, 2003, P.L.97, No.21, effective in 180 days.
Cross References.
Chapter 64 is referred to in sections 6358, 9799.12, 9799.15, 9799.16, 9799.19, 9799.34
            of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 64 - Court-ordered Involuntary Treatment of Certain Sexually Violent Persons › Section 6401 - Scope of chapter

§ 6401. Scope of chapter.
This chapter establishes rights and procedures for the civil commitment of sexually violent delinquent children who, due to a mental abnormality or personality disorder, have serious difficulty in controlling sexually violent behavior and thereby pose a danger to the public and further provides for additional periods of commitment for involuntary treatment for said persons.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 64 - Court-ordered Involuntary Treatment of Certain Sexually Violent Persons › Section 6402 - Definitions

§ 6402. 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:
"Act of sexual violence."
Any conduct prohibited under the following provisions of law:
(1) 18 Pa.C.S. § 3121 (relating to rape).
(2) 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual intercourse).
(3) 18 Pa.C.S. § 3124.1 (relating to sexual assault).
(4) 18 Pa.C.S. § 3125 (relating to aggravated indecent assault).
(5) 18 Pa.C.S. § 3126 (relating to indecent assault).
(6) 18 Pa.C.S. § 4302 (relating to incest).
"Board."
The board as defined in section 6302 (relating to definitions).
"County solicitor."
The solicitor appointed by the county commissioners or a similar body in home rule counties.
"Department."
The Department of Public Welfare of the Commonwealth.
"Mental abnormality."
A congenital or acquired condition of a person affecting the person's emotional or volitional capacity.
"Sexually violent delinquent child."
A person who has been found delinquent for an act of sexual violence which if committed by an adult would be a violation of 18 Pa.C.S. § 3121 (relating to rape), 3123 (relating to involuntary deviate sexual intercourse), 3124.1 (relating to sexual assault), 3125 (relating to aggravated indecent assault), 3126 (relating to indecent assault) or 4302 (relating to incest) and who has been determined to be in need of commitment for involuntary treatment under this chapter.
References
in Text.
The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014.
Cross References.
Section 6402 is referred to in sections 6358, 9799.12, 9799.24, 9799.58 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 64 - Court-ordered Involuntary Treatment of Certain Sexually Violent Persons › Section 6404.1 - Transfer to involuntary outpatient treatment

§ 6404.1. Transfer to involuntary outpatient treatment.
The court may approve or disapprove an outpatient treatment plan. Upon approval of an outpatient treatment plan, the court shall order transfer of the person to involuntary outpatient treatment pursuant to section 6404.2 (relating to duration of outpatient commitment and review).
(Dec. 20, 2011, P.L.446, No.111, eff. one year)
2011 Amendment.
Act 111 added section 6404.1.
Cross References.
Section 6404.1 is referred to in sections 6404.2, 9799.15, 9799.19 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 64 - Court-ordered Involuntary Treatment of Certain Sexually Violent Persons › Section 6405 - Right to counsel

§ 6405. Right to counsel.
At each proceeding conducted pursuant to the provisions of this chapter, the person who is the subject of the proceeding shall have the right to assistance of counsel.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 64 - Court-ordered Involuntary Treatment of Certain Sexually Violent Persons › Section 6406 - Duty of Department of Public Welfare

§ 6406. Duty of Department of Public Welfare.
(a) General rule.--
The department shall have the duty to provide a separate, secure State-owned facility or unit utilized solely for the control, care and treatment of persons committed pursuant to this chapter. The department shall be responsible for all costs relating to the control, care and treatment of persons committed to involuntary treatment pursuant to this chapter.
(b) Interim facility.--
(Expired).
(c) Treatment plans.--
The department, in consultation with the Juvenile Court Judges' Commission and the board, shall develop policies and procedures for providing individualized treatment and discharge plans based on clinical guidelines and professional standards in the fields of sexual offender treatment and mental health.
(Dec. 20, 2011, P.L.446, No.111, eff. one year)
2011 Amendment.
Act 111 amended subsec. (a).
2006 Expiration.
Subsec. (b) expired July 1, 2006. See Act 21 of 2003.
References
in Text.
The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014.
Cross References.
Section 6406 is referred to in sections 6403, 6404.2 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 64 - Court-ordered Involuntary Treatment of Certain Sexually Violent Persons › Section 6407 - Regulations

§ 6407. Regulations.
The department shall adopt in consultation with the Juvenile Court Judges' Commission and the board such regulations as are necessary to effectuate the provisions of this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 64 - Court-ordered Involuntary Treatment of Certain Sexually Violent Persons › Section 6408 - Jurisdiction

§ 6408. Jurisdiction.
The court of common pleas for the county which entered the order for commitment of the person for a delinquent act pursuant to Chapter 63 (relating to juvenile matters) shall have jurisdiction for proceedings under this chapter, including subsequent proceedings.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 64 - Court-ordered Involuntary Treatment of Certain Sexually Violent Persons › Section 6409 - Immunity for good faith conduct

§ 6409. Immunity for good faith conduct.
The following entities shall be immune from liability for good faith conduct under this subchapter:
(1) Members of the board and its agents and employees.
(2) The department and its agents and employees.
(3) County probation departments and their agents and employees.
(4) Providers of involuntary outpatient treatment and their agents and employees.
(Dec. 20, 2011, P.L.446, No.111, eff. one year)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 65 - Habeas Corpus › Extra - Chapter Notes

Enactment.
Chapter 65 was added July 9, 1976, P.L.586, No.142, effective 60 days from the date
            of final enactment of the act of April 28, 1978, P.L.202, No.53.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 65 - Habeas Corpus › Section 6502 - Power to issue writ

§ 6502. Power to issue writ.
(a) General rule.--
Any judge of a court of record may issue the writ of habeas corpus to inquire into the cause of detention of any person or for any other lawful purpose.
(b) Venue.--
The venue of matters brought under this chapter shall be as prescribed by general rule.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 65 - Habeas Corpus › Section 6503 - Right to apply for writ

§ 6503. Right to apply for writ.
(a) General rule.--
Except as provided in subsection (b), an application for habeas corpus to inquire into the cause of detention may be brought by or on behalf of any person restrained of his liberty within this Commonwealth under any pretense whatsoever.
(b) Exception.--
Where a person is restrained by virtue of sentence after conviction for a criminal offense, the writ of habeas corpus shall not be available if a remedy may be had by post-conviction hearing proceedings authorized by law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 65 - Habeas Corpus › Section 6504 - Return on writ

§ 6504. Return on writ.
The writ, or the order to show cause why the writ should not issue, shall be directed to the person having custody of the person detained. It shall be returned within three days unless for good cause additional time, not exceeding 20 days, is allowed. The person to whom the writ or the order is directed shall make a return certifying the true cause of the detention and, except as otherwise prescribed by general rules or by rule or order of court, shall produce at the hearing the body of the person detained.
(Oct. 5, 1980, P.L.693, No.142, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 65 - Habeas Corpus › Section 6505 - Interference with writ prohibited

§ 6505. Interference with writ prohibited.
Any person who shall fail or refuse to respond to a writ or to an order issued under this chapter, or who shall change the place of detention of any person for the purpose of defeating the writ, or shall, without express authorization from a judge of a court of record, recommit on substantially the same facts and circumstances any person set at large upon a habeas corpus, or shall do any act for the purpose of defeating the writ or the order, commits a misdemeanor of the second degree.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 66 - Prisoner Litigation › Section 6601 - Definitions

§ 6601. 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:
"Consent decree."
Relief entered or approved by the court that is based in whole or in part upon the consent or acquiescence of the parties. The term does not include a private settlement agreement.
"Frivolous."
Lacking an arguable basis either in law or in fact.
"Government party."
The Commonwealth or a political subdivision and any person elected or appointed to any office of, or hired, employed or contracted by, the Commonwealth or a political subdivision when acting within the scope of those duties.
"Prison."
A State, county or other facility which incarcerates or officially detains persons accused of, convicted of or sentenced for violations of criminal law or the terms or conditions of parole, probation, pretrial release or a diversionary program.
"Prison conditions litigation."
A civil proceeding arising in whole or in part under Federal or State law with respect to the conditions of confinement or the effects of actions by a government party on the life of an individual confined in prison. The term includes an appeal. The term does not include criminal proceedings or habeas corpus proceedings challenging the fact or duration of confinement in prison.
"Prisoner."
A person subject to incarceration, detention or admission to prison.
"Prisoner release order."
An order, including a temporary restraining order or preliminary injunction, which has the purpose or effect of reducing or limiting the prison population or which directs the release of prisoners from or nonadmission of prisoners to a prison.
"Private settlement agreement."
An agreement entered into among parties to an action which is not subject to judicial enforcement other than reinstatement of the civil proceeding which the agreement settled.
"Prospective relief."
All relief other than compensatory monetary damages.
"Relief."
Relief in any form which may be granted or approved by a court. The term includes a consent decree. The term does not include a private settlement agreement.
"Special master."
A person appointed to assist the court in prison conditions litigation or to perform functions comparable to those performed by a special master in Federal court pursuant to Fed. Rules Civ. Proc. Rule 53 (relating to masters) or 18 U.S.C. § 3126 (relating to appropriate remedies with respect to prison crowding). The term includes persons performing such functions regardless of the title given by the court.
"Violation of Pennsylvania law."
A violation of the Constitution of Pennsylvania or a Pennsylvania statute. The term does not include the violation of a regulation, consent decree or court order unless such violation also independently establishes a violation of the Constitution of Pennsylvania or a Pennsylvania statute.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 66 - Prisoner Litigation › Section 6603 - Limitations on remedies

§ 6603. Limitations on remedies.
(a) Limitations on remedies for Federal claims.--
Prison conditions litigation filed in or remanded to a court of this Commonwealth alleging in whole or in part a violation of Federal law shall be subject to any limitations on remedies established by Federal law or Federal courts with respect to the Federal claims.
(b) Limitations on remedies under Pennsylvania law.--
Prison conditions litigation arising in whole or in part due to an allegation of a violation of Pennsylvania law shall be subject to the limitations set forth in this act with respect to those claims arising under Pennsylvania law.
(c) Special masters.--
In prison conditions litigation arising in whole or in part under Pennsylvania law, the court shall not appoint a person to assist the court or delegate any judicial function, including fact-finding, reporting or monitoring, unless the appointment or delegation is specifically authorized under Pennsylvania court rules. Any court order appointing a special master shall state the specific duties delegated to the special master. Any fact-finding by the special master shall be based upon the record.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 66 - Prisoner Litigation › Section 6604 - Prospective relief

§ 6604. Prospective relief.
(a) General rule.--
Prospective relief in prison conditions litigation shall extend no further than necessary to correct the violation of Pennsylvania law. The court shall not grant or approve prospective relief unless the relief is narrowly drawn, extends no further than necessary and is the least intrusive means necessary to correct the violation of Pennsylvania law. The court shall give substantial weight to any adverse impact on public safety, prison operations or the operation of the criminal justice system.
(b) Conformity.--
The court shall not order any prospective relief that requires or permits a government official to exceed authority under or otherwise violate Pennsylvania law or the law of a political subdivision unless the relief meets all of the following:
(1) Is required by Pennsylvania law.
(2) Is necessary to correct the violation.
(3) Is the only relief which will correct the violation.
(c) Limitation.--
Nothing in this section shall be construed to authorize the court to order the construction of prisons or to repeal or detract from otherwise applicable limitations on the remedial powers of the courts.
(d) Private settlement agreements.--
The provisions of this section shall not apply to private settlement agreements.
Cross References.
Section 6604 is referred to in section 6605 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 66 - Prisoner Litigation › Section 6605 - Types of prospective relief

§ 6605. Types of prospective relief.
(a) Preliminary injunctive relief.--
In prison conditions litigation, the court may, to the extent authorized by law, enter a temporary restraining order or preliminary injunction. A preliminary injunction shall automatically expire 90 days after its entry unless the court makes the findings required under section 6604 (relating to prospective relief) for the entry of prospective relief and makes the order final before the expiration of the 90-day period.
(b) Prisoner release orders.--
The court shall enter a prisoner release order only if it finds by clear and convincing evidence that crowding is the primary cause of the violation. The government party with jurisdiction over the prison subject to the prisoner release order or the prosecution or custody of persons who may be released from prison as a result of a prisoner release order shall have standing to intervene in any related proceeding and to oppose the imposition or continuation of the order and to seek termination of the order. No prisoner release order shall be entered unless:
(1) a court previously entered an order for less intrusive relief which has failed to remedy the violation sought to be remedied. Such order may include a prisoner release order;
(2) the defendant has had a reasonable amount of time to comply with the previous court order; and
(3) no other relief will remedy the violation.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 66 - Prisoner Litigation › Section 6606 - Termination or modification of prospective relief

§ 6606. Termination or modification of prospective relief.
(a) General rule.--
In prison conditions litigation in which prospective relief is or has been ordered, the relief shall be terminable upon the motion of a party or intervener two years after the date the court granted or approved the prospective relief or one year after the date the court entered an order denying termination of prospective relief under this subsection.
(b) Early termination.--
Nothing in this section shall prevent the parties from agreeing to terminate or modify relief before the relief is terminated under subsection (a).
(c) Immediate termination.--
In prison conditions litigation, a party or intervener shall be entitled to the immediate termination of prospective relief if the relief was approved or granted in the absence of a finding on the record by the court that the relief is narrowly drawn, extends no further than necessary and is the least intrusive means necessary to correct the violation of Pennsylvania law.
(d) Limitation.--
Prospective relief shall not terminate if the court makes written findings based on the record that prospective relief remains necessary to correct a current and ongoing violation of Pennsylvania law previously determined by the court to exist, extends no further than necessary and is the least intrusive means necessary to correct that violation of Pennsylvania law.
(e) Other termination or modification.--
Nothing in this section shall prevent a party or intervener from seeking modification or termination to the extent otherwise legally permissible.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 66 - Prisoner Litigation › Section 6607 - Time limits on settlements

§ 6607. Time limits on settlements.
In prison conditions litigation, a government party, including an elected official who was not in office at the time of the execution of the consent decree, may petition the court to modify or vacate the terms of the consent decree previously entered into. The court shall have the power and authority to void or modify the consent decree at any time upon a showing that, whether in whole or in part, it violates the provisions of this act or for other cause.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 66 - Prisoner Litigation › Section 6608 - Payment of damage award or settlement

§ 6608. Payment of damage award or settlement.
Monetary damages awarded to a prisoner in connection with prison conditions litigation or paid in settlement of prison conditions litigation which is payable from funds appropriated by the General Assembly or by a political subdivision or an insurance policy purchased by the Commonwealth or political subdivision shall first be used to satisfy any outstanding court orders requiring the prisoner to pay restitution, costs, bail, judgments, fines, fees, sanctions or other court-imposed amounts in connection with a criminal prosecution or sentence. Upon receipt of a copy of an outstanding court order, the government party or person designated by the government party shall deduct the full amount owed from the remaining moneys and arrange to pay it directly to the person or entity owed in accordance with Pennsylvania law. Where the amount of outstanding court orders exceeds the monetary damage award or settlement, the government party shall notify the parties owed of the intended distribution of the amounts. Any person or entity owed who objects to the proposed distribution may seek a court order compelling a different distribution. Any remainder of a monetary damage award shall be used to satisfy any amount owed to a government party, including a judgment or any other costs and fees assessed against or imposed upon the prisoner, including, but not limited to, costs for medical services, incarceration and destruction of property. The procedures for such assessment shall be set forth by the prison in written policy and procedure. Notice that all or part of a monetary damage award has been expended pursuant to this section shall be provided to the prisoner by certified mail or personal service. The fact that a prisoner's monetary damage award may be subject to this section may not be taken into consideration in calculating the amount of any monetary damage award.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 67 - Protection From Abuse (Repealed) › Extra - Chapter Notes

Enactment.
Chapter 67A was added July 7, 2017, P.L.304, No.22, effective in 60 days.
Cross References.
Chapter 67A is referred to in sections 5729, 9158.5 of Title 18 (Crimes and Offenses).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 67 - Protection From Abuse (Repealed) › Section 6701 - § 6717 - (Repealed)

1990 Repeal.
Chapter 67 (§§ 6701 - 6717) was added July 11, 1990, P.L.454, No.111, and repealed December 19, 1990, P.L.1240, No.206, effective in 90 days. The subject matter is now contained in Chapter 61 of Title 23 (Domestic Relations).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 67A - Recordings by Law Enforcement Officers › Extra - Chapter Notes

Enactment.
Chapter 67A was added July 7, 2017, P.L.304, No.22, effective in 60 days.
Cross References.
Chapter 67A is referred to in sections 5729, 9158.5 of Title 18 (Crimes and Offenses).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 67A - Recordings by Law Enforcement Officers › Section 67A02 - Scope of chapter

§ 67A02. Scope of chapter.
(a) Exemption.--
The provisions of this chapter, and not the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law, shall apply to any audio recording or video recording made by a law enforcement agency.
(b) Limitation.--
Nothing in this chapter nor the Right-to-Know Law shall establish a right to production of an audio recording or video recording made inside a facility owned or operated by a law enforcement agency or to any communications between or within law enforcement agencies concerning an audio or video recording.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 67A - Recordings by Law Enforcement Officers › Section 67A03 - Requests for law enforcement audio recordings or video recordings

§ 67A03. Requests for law enforcement audio recordings or video recordings.
The following shall apply:
(1) An individual who requests an audio recording or video recording made by a law enforcement agency shall, within 60 days of the date when the audio recording or video recording was made, serve a written request to the individual who is designated as the open-records officer for the law enforcement agency under section 502 of the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law. Service is effective upon receipt of the written request by the open-records officer from personal delivery or certified mail with proof of service.
(2) The request under paragraph (1) shall specify with particularity the incident or event that is the subject of the audio recording or video recording, including the date, time and location of the incident or event.
(3) The request shall include a statement describing the requester's relationship to the incident or event that is the subject of the audio or video recording.
(4) If the incident or event that is the subject of the audio recording or video recording occurred inside a residence, the request shall identify each individual who was present at the time of the audio recording or video recording unless not known and not reasonably ascertainable.
Cross References.
Section 67A03 is referred to in sections 67A05, 67A06 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 67A - Recordings by Law Enforcement Officers › Section 67A04 - Law enforcement review

§ 67A04. Law enforcement review.
(a) Determination.--
Except as provided in this section, if a law enforcement agency determines that an audio recording or video recording contains potential evidence in a criminal matter, information pertaining to an investigation or a matter in which a criminal charge has been filed, confidential information or victim information and the reasonable redaction of the audio or video recording would not safeguard potential evidence, information pertaining to an investigation, confidential information or victim information, the law enforcement agency shall deny the request in writing. The written denial shall state that reasonable redaction of the audio recording or video recording will not safeguard potential evidence, information pertaining to an investigation, confidential information or victim information.
(b) Agreement.--
A law enforcement agency may enter into a memorandum of understanding with the Attorney General or the district attorney with jurisdiction to:
(1) ensure consultation regarding the reviewing of audio recordings or video recordings in order to make a determination; or
(2) require the Attorney General or district attorney with jurisdiction to issue a denial permitted under subsection (a).
Cross References.
Section 67A04 is referred to in sections 67A05, 67A06 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 67A - Recordings by Law Enforcement Officers › Section 67A05 - Procedure

§ 67A05. Procedure.
(a) Disclosure.--
A law enforcement agency that receives a request under section 67A03 (relating to requests for law enforcement audio recordings or video recordings) for an audio recording or video recording shall provide the audio recording or video recording or identify in writing the basis for denying the request within 30 days of receiving the request, unless the requester and law enforcement agency agree to a longer time period. If an agreement under section 67A04(b)(2) (relating to law enforcement review) is in effect between the law enforcement agency and the Attorney General or district attorney with jurisdiction, then an agreement to a longer time period must be between the requester and the Attorney General or district attorney with jurisdiction.
(b) Denials by operation of law.--
The request under section 67A03 shall be deemed denied by operation of law if the law enforcement agency does not provide the audio recording or video recording to the requester or explain why the request is denied within the time period specified or agreed to under subsection (a).
(c) Preservation.--
A law enforcement agency that has received a request for an audio recording or video recording shall preserve the unaltered audio recording or video recording that has been requested for no less than the time periods provided in this chapter for service of and responses to written requests for the production of the audio recording or video recording and any period within which a petition for judicial review is allowable or pending.
(d) Fees.--
A law enforcement agency may establish reasonable fees relating to the costs incurred to disclose audio recordings or video recordings. The fees shall be paid by the requesting party at the time of disclosure of the audio recording or video recording.
(e) Construction.--
Nothing in this section shall be construed to prohibit a law enforcement agency from redacting an audio recording or video recording in order to protect potential evidence in a criminal matter, information pertaining to an investigation, confidential information or victim information.
Cross References.
Section 67A05 is referred to in section 67A06 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 67A - Recordings by Law Enforcement Officers › Section 67A07 - Audio recording or video recording policies

§ 67A07. Audio recording or video recording policies.
(a) Policies.--
A municipal law enforcement agency or sheriff that makes audio recordings or video recordings of communications under circumstances within paragraph (2) of the definition of "oral communication" in 18 Pa.C.S. § 5702 (relating to definitions) shall comply with the guidelines established under 18 Pa.C.S. § 5706(b)(4), (5) and (6) (relating to exceptions to prohibitions in possession, sale, distribution, manufacture or advertisement of electronic, mechanical or other devices) and shall establish written policies, which shall be public, for the following:
(1) The training of law enforcement officers authorized to make audio recordings or video recordings.
(2) The time periods when an electronic, mechanical or other device shall be in operation to make audio recordings or video recordings.
(3) The proper use, maintenance and storage of the electronic, mechanical or other device to make audio recordings or video recordings, including equipment inspections and audits and procedures to address malfunctioning equipment.
(4) The information collected from audio recordings or video recordings, including the information's storage, accessibility and retrieval.
(5) Electronic records retention.
(6) The use of facial recognition software or programs.
(7) A statement that a violation of the agency's policy subjects the violator to the agency's disciplinary policy.
(8) Supervisory responsibilities.
(b) Pennsylvania Commission on Crime and Delinquency.--
The Pennsylvania Commission on Crime and Delinquency is authorized to condition funding or a grant related to the implementation, use, maintenance or storage of body-worn cameras or recordings from body-worn cameras on the following:
(1) Requiring the grantee to have protocols, guidelines or written policies related to the implementation, use, maintenance or storage of body-worn cameras.
(2) Requiring that such protocols, guidelines or written policies are publicly accessible, including being retrievable on a municipal website.
(3) Ensuring that the protocols, guidelines or written policies substantially comply with applicable recommendations by the commission.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 67A - Recordings by Law Enforcement Officers › Section 67A08 - Construction

§ 67A08. Construction.
The following shall apply:
(1) Nothing in this chapter shall be construed to alter the responsibilities of parties to any criminal or civil litigation to exchange information in accordance with applicable rules of procedure.
(2) Nothing in this chapter shall be construed to preclude a prosecuting attorney with jurisdiction or a law enforcement agency from disclosing an audio recording or video recording in the absence of a written request or beyond the time periods stated in this chapter.
(3) The prosecuting attorney with jurisdiction must agree in writing to the disclosure by a law enforcement agency if the prosecuting attorney determines that:
(i) the audio recording or video recording contains potential evidence in a criminal matter, information pertaining to an investigation, confidential information or victim information; and
(ii) reasonable redaction of the audio recording or video recording will not safeguard the potential evidence, information pertaining to an investigation, confidential information or victim information.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 68 - Forfeitures › Extra - Chapter Notes

Enactment.
Chapter 68 was added June 30, 1988, P.L.464, No.79, effective immediately.
Cross References.
Chapter 68 is referred to in section 9912 of this title; section 1504 of Title 62
            (Procurement).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 68 - Forfeitures › Section 6801 - Controlled substances forfeiture (Repealed)

§ 6801. Controlled substances forfeiture (Repealed).
2017 Repeal.
Section 6801 was repealed June 29, 2017, P.L.247, No.13, effective July 1, 2017.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 68 - Forfeitures › Section 6801.1 - Terrorism forfeiture (Repealed)

§ 6801.1. Terrorism forfeiture (Repealed).
2017 Repeal.
Section 6801.1 was repealed June 29, 2017, P.L.247, No.13, effective July 1, 2017.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 68 - Forfeitures › Section 6802 - Procedure with respect to seized property subject to liens and rights of lienholders (Repealed)

§ 6802. Procedure with respect to seized property subject to liens and rights of lienholders (Repealed).
2017 Repeal.
Section 6802 was repealed June 29, 2017, P.L.247, No.13, effective July 1, 2017.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 69 - Particular Rights and Immunities › Section 6902 - Definitions

§ 6902. 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:
"Advertisement."
A written, visual or oral communication made to a lessee or prospective lessee by means of personal representation, newspaper, magazine, circular, billboard, direct mailing, sign, radio, television, telephone or other means of communication that aids, promotes or assists, directly or indirectly, a rental-purchase agreement.
"Cash price."
The price at which the lessor would offer to sell in the ordinary course of business the same or similar property for cash on the day the lessee enters into a rental-purchase agreement.
"Lessee."
A person who rents personal property pursuant to a rental-purchase agreement.
"Lessor."
A person who, in the ordinary course of business, regularly offers to rent or arranges for personal property to be rented pursuant to a rental-purchase agreement. A lessor is a creditor as defined in 37 Pa. Code § 303.2 (relating to definitions) when owed or alleged to be owed a debt and is subject to 37 Pa. Code Ch. 303 (relating to debt collection trade practices).
"Personal property."
Any property that is not real property under the laws of the state where it is located when it is offered or made available for a rental-purchase agreement.
"Rental-purchase agreement."
An agreement for the use of personal property by an individual primarily for personal, family or household purposes for an initial period of four months or less that is automatically renewable with each rental payment after the initial period and that permits the lessee to acquire ownership of the property. The term shall not be construed to be, nor is it subject to laws governing, any of the following:
(1) A lease for agricultural, business or commercial purposes.
(2) A lease made to an organization.
(3) A lease of money or intangible personal property.
(4) A lease of a motor vehicle, motor home, mobile home or manufactured housing.
(5) A home solicitation sale under section 7 of the act of December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade Practices and Consumer Protection Law.
(6) A closed-end credit agreement, open-end credit agreement or sale as defined in 12 Pa.C.S. § 6302 (relating to definitions).
(7) A security interest as defined in 13 Pa.C.S. § 1201 (relating to general definitions).
"Rental-purchase property."
Personal property displayed or offered by a lessor to consumers for rental-purchase agreements at a physical location where 50% or more of revenue is derived from rental-purchase agreements.
(Dec. 9, 2002, P.L.1705, No.215, eff. 60 days; Nov. 27, 2013, P.L.1081, No.98, eff. one year; July 11, 2022, P.L.1536, No.82, eff. 60 days)
2022 Amendment.
Act 82 added the def. of "rental-purchase property."
2013 Amendment.
Act 98 amended the def. of "rental-purchase agreement."
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 69 - Particular Rights and Immunities › Section 6904 - Prohibited provisions of agreement

§ 6904. Prohibited provisions of agreement.
A rental-purchase agreement or any document that the lessor requests the lessee to sign shall not contain any provision by which:
(1) A power of attorney is given to confess judgment in this Commonwealth or to appoint the lessor, its agents or its successors in interest as the lessee's agent in the collection of payments or the repossession of the rental property.
(2) The lessee authorizes the lessor or its agent to commit any breach of the peace in repossessing the rental property or to enter the lessee's dwelling or other premises without obtaining the lessee's consent at the time of entry.
(3) The lessor mandates that the lessee purchase insurance or liability waiver against loss or damage to the rental property from the lessor. This paragraph shall not, however, be construed to prohibit a lessor from offering insurance or a liability waiver to a lessee provided it is clearly disclosed that acceptance of the offer of insurance or a liability waiver is optional.
(4) The lessee waives or agrees to waive any defense, counterclaim or right the lessee may have against the lessor, its agent or its successor in interest.
(5) The lessee is required to pay a late fee unless the rental payment is five days or more late under a rental-purchase agreement with payments made monthly or two days or more late under a rental-purchase agreement with payments made more frequently than monthly.
(6) A lessee is required to pay a late fee exceeding the greater of $5 or 10% of the amount of the past due payment, regardless of how long the payment remains unpaid.
(7) The lessee is required to pay a fee in connection with retrieval of the property or the termination or rescission of the rental-purchase agreement.
(8) The lessee is charged a fee for in-home collection of a rental payment unless the amount of the fee is disclosed and the lessee expressly has agreed to pay the fee.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 69 - Particular Rights and Immunities › Section 6905 - Lessee's right to acquire ownership

§ 6905. Lessee's right to acquire ownership.
(a) Limitation on cost of lease services.--
The total amount charged by the lessor for the cost of lease services in a rental-purchase transaction shall not exceed the cash price of the property.
(b) Acquisition of ownership.--
A rental-purchase agreement must provide that at any time after tendering an initial rental payment, a lessee may acquire ownership of the property that is the subject of the rental-purchase agreement at a price or by a formula or method specified in the rental-purchase agreement.
(c) Chart.--
A rental-purchase agreement must be accompanied by a chart showing the amount required to exercise the option to purchase the rented property after each rental payment if rental payments are made as scheduled.
(d) Receipts.--
After receiving each rental payment, the lessor shall provide a receipt to the lessee. The receipt shall disclose all of the following:
(1) The rental payment made by the lessee.
(2) The amount of the early purchase option that is applicable after the rental payment made by the lessee.
(3) The dates when the early purchase option price remain valid.
(Oct. 27, 2014, P.L.2896, No.185, eff. 60 days; July 11, 2022, P.L.1536, No.82, eff. 60 days)
2022 Amendment.
Act 82 added subsec (d).