2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Extra - Appendix To Title

APPENDIX TO TITLE 61
PRISONS AND PAROLE
Supplementary Provisions of Amendatory Statutes
2009, AUGUST 11, P.L.147, NO.33
§ 8. Continuation of prior law.
Except as set forth in section 9 of this act, the addition of 61 Pa.C.S. Pts. I, II, III, IV and V is a continuation of the acts and parts of acts listed in section 11 of this act.
Explanatory Note.
Act 33 added Parts I, II, III, IV and V of Title 61 and amended, added or repealed sections 102, 301, 1501, 1511, 1515, 1516, 1520, 2154.4, 2154.5, 2154.6, 9755.1, 9756, 9775, 9776 and 9777 and Chapter 99 of Title 42.
§ 10. Applicability.
The following shall apply:
(1) Except as otherwise provided in 61 Pa.C.S. Pts. I, II, III, IV and V, all activities initiated under any of the acts identified in section 8 of this act shall continue and remain in full force and effect and may be completed under 61 Pa.C.S. Pts. I, II, III, IV and V. Resolutions, orders, regulations, rules and decisions which were made under any of the acts identified in section 8 of this act and which are in effect on the effective date of this section shall remain in full force and effect until revoked, vacated or modified under 61 Pa.C.S. Pts. I, II, III, IV and V. Contracts, obligations and agreements entered into under any of the acts identified in section 8 of this act are not affected nor impaired by the continuation of the acts and parts of acts identified in section 8.
(2) Any difference in language between 61 Pa.C.S. Pts. I, II, III, IV and V and the acts identified in section 8 of this act is intended only to conform to the style of the Pennsylvania Consolidated Statutes and is not intended to change or affect the legislative intent, judicial construction or administrative interpretation and implementation of those acts, except as follows:
61 Pa.C.S. Part I.
61 Pa.C.S. § 3104(f).
The definition of "motivational boot camp" in 61 Pa.C.S. § 3903, by deleting an obsolete reference to ventilation therapy.
61 Pa.C.S. § 5903, by adding a reference to civilian clothing to conform to Department of Corrections policy.
61 Pa.C.S. § 6112(a)(5).
61 Pa.C.S. § 6138(a)(5)(ii) and (d) to conform to Department of Corrections policy.
§ 12. References in text.
A reference in any act or part of an act to:
(1) A parole agent of a county shall be deemed a reference to a probation officer.
(2) A parole officer of the State shall be deemed a reference to a parole agent.
(3) The County Probation and Parole Officers' Firearm Education and Training Program shall be deemed a reference to the County Probation Officers' Firearm Education and Training Program.
(4) The County Probation and Parole Officers' Firearm Education and Training Fund shall be deemed a reference to the County Probation Officers' Firearm Education and Training Fund.
§ 13. Continuation of commission.
The County Probation Officers' Firearm Education and Training Commission is a continuation of the County Probation and Parole Officers' Firearm Education and Training Commission.
§ 14. Continuation of fund.
The County Probation Officers' Firearm Education and Training Fund is a continuation of the County Probation and Parole Officers' Firearm Education and Training Fund.
2010, OCTOBER 7, P.L.476, NO.65
Preamble
The General Assembly finds and declares as follows:
(1) The purpose of this act is to require notice and a hearing relating to any request for proposal issued by the Department of Corrections for beds in a community corrections facility for inmates with prerelease status or individuals who are on parole.
(2) The hearing will provide concerned parties the opportunity to receive information regarding the beds requested at a community corrections facility and the impact on the community.
(3) The hearing will also provide individuals with the opportunity to ask questions and express concerns relative to the request for proposal.
Explanatory Note.
Act 65 added Chapter 47 of Title 61.
2010, OCTOBER 27, P.L.931, NO.95
§ 23. Continuation of regulations adopted under prior law.
The regulations adopted under the former act of December 27, 1965 (P.L.1237, No.502), entitled "An act establishing regional correctional facilities administered by the Bureau of Correction as part of the State correctional system; establishing standards for county jails, and providing for inspection and classification of county jails and for commitment to State correctional facilities and county jails," and the former act of October 16, 1972 (P.L.913, No.218), entitled "An act establishing regional community treatment centers for women administered by the Bureau of Correction of the Department of Justice as part of the State Correctional System, providing for the commitment of females to such centers and their temporary release therefrom for certain purposes, restricting confinement of females in county jails and conferring powers and duties upon the Department of Justice and the Bureau of Correction," prior to the effective date of this section shall continue to have the force and effect of law and shall be construed to be consistent with the provisions of 61 Pa.C.S. § 1105.
Explanatory Note.
Act 95 amended, added or repealed sections 102 and 1105, the heading of Subchapter B of Chapter 17, sections 1721, 1722 and 1723, the heading of Subchapter C of Chapter 17, section 1731, the heading of Subchapter A of Chapter 31, section 3102, Subchapter B of Chapter 31 and sections 3909, 4109, 4510, 5906, 6113, 6124, 6131, 6137, 6138, 6140, 6153, 7103 and 7115 of Title 61 and sections 2154, 2154.2, 2154.7, 9721 and 9774 of Title 42.
§ 24. Continuation of prior law.
The addition of 61 Pa.C.S. Ch. 31 Subch. B is a continuation of the act of June 1, 1915 (P.L.656, No.289), entitled "An act providing a system of employment and compensation for the inmates of the Eastern Penitentiary, Western Penitentiary, and the Pennsylvania Industrial Reformatory at Huntingdon, and for such other correctional institutions as shall be hereafter established by the Commonwealth, and making an appropriation therefor." The following apply:
(1) Except as otherwise provided in 61 Pa.C.S. Ch. 31 Subch. B, all activities initiated under the act of June 1, 1915 (P.L.656, No.289), shall continue and remain in full force and effect and may be completed under 61 Pa.C.S. Ch. 31 Subch. B. Resolutions, orders, regulations, rules and decisions which were made under the act of June 1, 1915 (P.L.656, No.289), and which are in effect on the effective date of this section shall remain in full force and effect until revoked, vacated or modified under 61 Pa.C.S. Ch. 31 Subch. B. Contracts, obligations and agreements entered into under the act of June 1, 1915 (P.L.656, No.289), are not affected nor impaired by the repeal of the act of June 1, 1915 (P.L.656, No.289).
(2) Any difference in language between 61 Pa.C.S. Ch. 31 Subch. B and the act of June 1, 1915 (P.L.656, No.289), is intended only to conform to the style of the Pennsylvania Consolidated Statutes and is not intended to change or affect the legislative intent, judicial construction or administrative interpretation and implementation of the act of June 1, 1915 (P.L.656, No.289).
2020, NOVEMBER 25, P.L.1219, NO.124
§ 2. Applicability.
The addition of 61 Pa.C.S. § 6139(a)(3.3) and (3.4) shall apply to all of the following:
(1) Individuals convicted of an offense set forth in 61 Pa.C.S. § 6139(a)(3.3) before the effective date of this section who remain under the jurisdiction of the Department of Corrections.
(2) Individuals who commit an offense set forth in 61 Pa.C.S. § 6139(a)(3.3) on or after the effective date of this section.
(3) Individuals who, before or after the effective date of this section:
(i) commit an offense subject to 42 Pa.C.S. Ch. 97 Subch. H or I;
(ii) are designated as sexually violent predators; and
(iii) are under the jurisdiction of the Department of Corrections.
Explanatory Note.
Act 124 amended section 6139 of Title 61.
2021, JUNE 30, P.L.260, NO.59
§ 27. Applicability.
The following shall apply to transfers:
(1) The Pennsylvania Parole Board and the functions, powers and duties of the Pennsylvania Parole Board, including the powers and duties contained in 61 Pa.C.S. Ch. 61 Such. F and that formerly resided within the Pennsylvania Parole Board, are transferred to the Department of Corrections.
(2) Upon approval of the Governor, the following are transferred to the Department of Corrections, to be used, employed and expended in connection with the functions, powers and duties transferred under paragraph (1):
(i) Personnel, contract obligations, records, files, property, supplies and equipment being used or held on the effective date of this section in connection with the functions, powers and duties transferred under paragraph (1).
(ii) Personnel transferred under this section who on the effective date of this section hold civil service employment status shall retain such status and protections afforded under 71 Pa.C.S. Pt. III while they remain in their current position.
(iii) Unexpended balances of appropriations, allocations and other funds available or to be made available for use in connection with the functions, powers and duties transferred under paragraph (1).
(3) To the extent that any employee of the Pennsylvania Parole Board is transferred to the Department of Corrections as a result of this act, such action shall not require the department or the Pennsylvania Parole Board to engage in collective bargaining or impact bargaining with the collective bargaining representative of the employees under the act of July 23, 1970 (P.L.563, No.195), known as the Public Employe Relations Act, or any other laws of this Commonwealth.
Explanatory Note. Act 59 amended sections 2151.1, 2155, 5950, 5952, 6307, 8332.7, 8340, 9543.1, 9718.5, 9727, 9764, 9776, 9777, 9799.13, 9799.16, 9799.19, 9799.20, 9799.22, 9799.24, 9799.25, 9799.29, 9799.30, 9799.31, 9799.32, 9799.33, 9799.35, 9799.38, 9799.54, 9799.55, 9799.56, 9799.58, 9799.64, 9799.65, 9799.66, 9799.67, 9799.68, 9799.69, 9799.72 and 9912 of Title 42, amended, added or repealed sections 102, 1106, 5001, 5002, 5003, 5004, 5005, 5006, 5007, 5008 and Pt. IV heading and sections 6101, 6102, 6111, 6112, 6113, 6116, 6118, 6119, 6120, 6121, 6124, 6131, 6132, 6133, 6134, 6134.1, 6136, 6137, 6138, 6139, 6140, 6141, 6143 and Subchapters D, F and G and sections 6302, 7115, 7121, 7122 and Chapter 73 of Title 61 and section 5102 of Title 71.
§ 28. Reference in law.
Any reference in law to a parole agent or supervision staff shall be deemed a reference to an agent as defined in 61 Pa.C.S. § 6101. This act does not change the status of State parole agents for the purposes of the act of July 23, 1970 (P.L.563, No.195), known as the Public Employe Relations Act, or cause State parole agents to be considered policemen for the purposes of the act of June 24, 1968 (P.L.237, No.111), referred to as the Policemen and Firemen Collective Bargaining Act.