2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 11 - General Administration › Section 1151 - General transfer authorization

§ 1151. General transfer authorization.
(a) Between State and county.--
At the request of the chief administrator of a county correctional institution, the secretary or his designee may transfer inmates located in a county correctional institution to the State correctional institution system for such reasons and upon such terms and conditions as the secretary may determine. The secretary or his designee may transfer inmates in the State correctional institution system to the jurisdiction of a county correctional institution system upon such terms and conditions that the secretary or his designee and the chief administrator of the county correctional institution determine to be in the best interests of the Commonwealth.
(b) Between counties.--
An inmate located in a county correctional institution may be transferred to another county correctional institution upon such terms and conditions as the counties may determine.
(c) Between Federal Government and the State or county.--
The department and county correctional institutions may contract with the Federal Government for the housing of Federal inmates in correctional facilities.
(d) Temporary transfers.--
The following shall apply to temporary transfers:
(1) The department shall temporarily transfer an inmate confined in the State correctional system to a State correctional institution determined by the department to be of an appropriate security level that is nearest to the location of the judicial proceeding. The department shall have the discretion to select an alternative and reasonably accessible State correctional institution if bed space limitations in the nearest State correctional institution prevent the temporary transfer to that institution.
(2) The department shall not be required to temporarily transfer any inmate under this subsection unless all of the following apply:
(i) A court order has been entered directing the presence of the inmate at a judicial proceeding.
(ii) The court has found that the inmate's presence is required at the judicial proceeding.
(iii) The Constitution of the United States or the Constitution of Pennsylvania does not permit the inmate's testimony or participation in the proceeding to be conducted by videoconferencing technology.
(3) The department shall establish regulations for the implementation of this subsection in accordance with all of the following:
(i) The regulations may require up to 14 days' notice prior to the entry of a temporary transfer order.
(ii) The regulations may require return of an inmate to the inmate's home correctional institution upon completion of the judicial proceeding.
(iii) The regulations may require that an inmate is to be removed from the State correctional institution by a government official authorized by the court directing the presence of the inmate for a judicial preceding be detained in the county prison if the inmate has been temporarily transferred more than twice in the preceding six months or the judicial proceeding is scheduled to last more than one week.
(4) Pending implementation of the regulations required under paragraph (3), the department shall publish interim guidelines consistent with the provisions of paragraph (3). The provisions of this section shall be in full force and effect even if the department has not yet published interim guidelines or implemented the regulations required under this section.
(5) The department may presume that the judicial proceedings have concluded when the inmate is returned to the temporary correctional institution after a judicial proceeding unless a court otherwise notifies the department in the manner required by the department.
(6) The department may require a county to pay the reasonable cost of transportation between State correctional facilities if a court of that county has requested a temporary transfer under this section. The county reimbursements for transportation costs shall be automatically reappropriated to the department.
(7) This section shall not be construed:
(i) To prohibit the use of alternative transportation methods authorized by law.
(ii) To authorize a court to designate a particular place of confinement or the length of confinement in the temporary correctional institution.