reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 32 - Development › Section 3271.1 - Well plugging contracts

§ 3271.1. Well plugging contracts.
(a) General rule.--
Notwithstanding any other provision of law:
(1) The department shall allow any Pennsylvania company to bid for a contract that the department plans to award for plugging oil or gas wells, regardless of the size of the company. This paragraph shall not prohibit the department from accepting or awarding bids for contracts for plugging oil or gas wells from companies which are not Pennsylvania companies if no other law, regulation or Executive Order would prevent the company which is not a Pennsylvania company from bidding.
(2) (Reserved).
(b) Definition.--
As used in this section, the term "Pennsylvania company" means a business entity that:
(1) has its main offices or headquarters located within this Commonwealth and conducts at least 50% of its business activities within this Commonwealth; or
(2) will bid for State contracts for plugging oil or gas wells and subcontract the work to subcontractors selected through a competitive bidding process that gives priority to subcontractors that satisfy the criteria specified under paragraph (1) when possible.
(Nov. 3, 2022, P.L.1987, No.136, eff. 60 days)
2022 Amendment.
Act 136 added section 3271.1.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 32 - Development › Section 3273 - Effect on department authority

§ 3273. Effect on department authority.
This chapter does not affect, limit or impair any right or authority of the department under the act of June 22, 1937 (P.L.1987, No.394), known as The Clean Streams Law; the act of January 8, 1960 (1959 P.L.2119, No.787), known as the Air Pollution Control Act; the act of November 26, 1978 (P.L.1375, No.325), known as the Dam Safety and Encroachments Act; or the act of July 7, 1980 (P.L.380, No.97), known as the Solid Waste Management Act.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 32 - Development › Section 3273.1 - Relationship to solid waste and surface mining

§ 3273.1. Relationship to solid waste and surface mining.
(a) General rule.--
The obligation to obtain a permit and post a bond under Articles III and V of the act of July 7, 1980 (P.L.380, No.97), known as the Solid Waste Management Act, and to provide public notice under section 1905-A(b)(1)(v) of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, for any pit, impoundment, method or facility employed for the disposal, processing or storage of residual wastes generated by the drilling of an oil or gas well or from the production of wells which is located on the well site, shall be considered to have been satisfied if the owner or operator of the well meets the following conditions:
(1) the well is permitted under the requirements of section 3211 (relating to well permits) or registered under section 3213 (relating to well registration and identification);
(2) the owner or operator has satisfied the financial security requirements of section 3225 (relating to bonding) by obtaining a surety or collateral bond for the well and well site; and
(3) the owner or operator maintains compliance with this chapter and applicable regulations of the Environmental Quality Board.
(b) Noncoal surface mining.--
Obligations under the act of December 19, 1984 (P.L.1093, No.219), known as the Noncoal Surface Mining Conservation and Reclamation Act, or a regulation promulgated under the Noncoal Surface Mining Conservation and Reclamation Act, for any borrow area where minerals are extracted solely for the purpose of oil and gas well development, including access road construction, shall be considered to have been satisfied if the owner or operator of the well meets the conditions imposed under subsection (a)(1) and (2) and maintains compliance with this chapter and applicable regulations of the Environmental Quality Board.
(c) Solid Waste Management Act.--
This section does not diminish or otherwise affect duties or obligations of an owner or operator under the Solid Waste Management Act. This section does not apply to waste classified as hazardous waste under the Solid Waste Management Act or the Resource Conservation and Recovery Act of 1976 (Public Law 94-580, 90 Stat. 2795, 42 U.S.C. § 6901 et seq.).
(d) Definition.--
As used in this section, the term "well site" means areas occupied by all equipment or facilities necessary for or incidental to drilling, production or plugging a well.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 33 - Local Ordinances Relating to Oil and Gas Operations › Extra - Chapter Notes

Enactment.
Chapter 33 was added February 14, 2012, P.L.87, No.13, effective in 60 days.
Cross References.
Chapter 33 is referred to in sections 2303, 2314 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 33 - Local Ordinances Relating to Oil and Gas Operations › Section 3301 - Definitions

§ 3301. 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:
"Building."
An occupied structure with walls and a roof within which individuals live or customarily work.
"Commission."
The Pennsylvania Public Utility Commission.
"Environmental acts."
All statutes enacted by the Commonwealth relating to the protection of the environment or the protection of public health, safety and welfare, that are administered and enforced by the department or by another Commonwealth agency, including an independent agency, and all Federal statutes relating to the protection of the environment, to the extent those statutes regulate oil and gas operations.
"Local government."
A county, city, borough, incorporated town or township of this Commonwealth.
"Local ordinance."
An ordinance or other enactment, including a provision of a home rule charter, adopted by a local government that regulates oil and gas operations.
"MPC."
The act of July 31, 1968 (P.L.805, No.247), known as the Pennsylvania Municipalities Planning Code.
"Oil and gas operations."
The term includes the following:
(1) well location assessment, including seismic operations, well site preparation, construction, drilling, hydraulic fracturing and site restoration associated with an oil or gas well of any depth;
(2) water and other fluid storage or impoundment areas used exclusively for oil and gas operations;
(3) construction, installation, use, maintenance and repair of:
(i) oil and gas pipelines;
(ii) natural gas compressor stations; and
(iii) natural gas processing plants or facilities performing equivalent functions; and
(4) construction, installation, use, maintenance and repair of all equipment directly associated with activities specified in paragraphs (1), (2) and (3), to the extent that:
(i) the equipment is necessarily located at or immediately adjacent to a well site, impoundment area, oil and gas pipeline, natural gas compressor station or natural gas processing plant; and
(ii) the activities are authorized and permitted under the authority of a Federal or Commonwealth agency.
"Permitted use."
A use which, upon submission of written notice to and receipt of a permit issued by a zoning officer or equivalent official, is authorized to be conducted without restrictions other than those set forth in section 3304 (relating to uniformity of local ordinances).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 33 - Local Ordinances Relating to Oil and Gas Operations › Section 3302 - Oil and gas operations regulated pursuant to Chapter 32

§ 3302. Oil and gas operations regulated pursuant to Chapter 32.
Except with respect to local ordinances adopted pursuant to the MPC and the act of October 4, 1978 (P.L.851, No.166), known as the Flood Plain Management Act, all local ordinances purporting to regulate oil and gas operations regulated by Chapter 32 (relating to development) are hereby superseded. No local ordinance adopted pursuant to the MPC or the Flood Plain Management Act shall contain provisions which impose conditions, requirements or limitations on the same features of oil and gas operations regulated by Chapter 32 or that accomplish the same purposes as set forth in Chapter 32. The Commonwealth, by this section, preempts and supersedes the regulation of oil and gas operations as provided in this chapter.
Special Provisions in Appendix.
See section 4 of Act 13 of 2012 in the appendix to this title for special provisions relating to continuation of prior law.
Cross References.
Section 3302 is referred to in section 3304 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 33 - Local Ordinances Relating to Oil and Gas Operations › Section 3303 - Oil and gas operations regulated by environmental acts

§ 3303. Oil and gas operations regulated by environmental acts.
Notwithstanding any other law to the contrary, environmental acts are of Statewide concern and, to the extent that they regulate oil and gas operations, occupy the entire field of regulation, to the exclusion of all local ordinances. The Commonwealth by this section, preempts and supersedes the local regulation of oil and gas operations regulated by the environmental acts, as provided in this chapter.
Cross References.
Section 3303 is referred to in section 3304 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 33 - Local Ordinances Relating to Oil and Gas Operations › Section 3305 - Commission

§ 3305. Commission.
(a) Advisory opinions to municipalities.--
(1) A municipality may, prior to the enactment of a local ordinance, in writing, request the commission to review a proposed local ordinance to issue an opinion on whether it violates the MPC, this chapter or Chapter 32 (relating to development).
(2) Within 120 days of receiving a request under paragraph (1), the commission shall, in writing, advise the municipality whether or not the local ordinance violates the MPC, this chapter or Chapter 32.
(3) An opinion under this subsection shall be advisory in nature and not subject to appeal.
(b) Orders.--
(1) An owner or operator of an oil or gas operation, or a person residing within the geographic boundaries of a local government, who is aggrieved by the enactment or enforcement of a local ordinance may request the commission to review the local ordinance of that local government to determine whether it violates the MPC, this chapter or Chapter 32.
(2) Participation in the review by the commission shall be limited to parties specified in paragraph (1) and the municipality which enacted the local ordinance.
(3) Within 120 days of receiving a request under this subsection, the commission shall issue an order to determine whether the local ordinance violates the MPC, this chapter or Chapter 32.
(4) An order under this subsection shall be subject to de novo review by Commonwealth Court. A petition for review must be filed within 30 days of the date of service of the commission's order. The order of the commission shall be made part of the record before the court.
(c) Exemptions.--
An opinion under subsection (a) and an order under subsection (b) shall not be subject to:
(1) 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of Commonwealth agencies);
(2) 65 Pa.C.S. Ch. 7 (relating to open meetings); or
(3) 66 Pa.C.S. Ch. 3 Subch. B (relating to investigations and hearings).
(d) Authority.--
The commission has the following powers to carry out this chapter:
(1) Employ individuals.
(2) Issue orders.
(3) Promulgate regulations.
(4) Until January 1, 2013, promulgate temporary regulations. Regulations under this paragraph:
(i) shall expire no later than two years following the effective date of this section; and
(ii) are exempt from:
(A) sections 201, 202 and 203 of the act of July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth Documents Law; and
(B) the act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act.
Cross References.
Section 3305 is referred to in section 3306 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 33 - Local Ordinances Relating to Oil and Gas Operations › Section 3306 - Civil actions

§ 3306. Civil actions.
The following shall apply:
(1) Notwithstanding any provision of 42 Pa.C.S. Ch. 85 Subch. C (relating to actions against local parties), any person who is aggrieved by the enactment or enforcement of a local ordinance that violates the MPC, this chapter or Chapter 32 (relating to development) may bring an action in Commonwealth Court to invalidate the ordinance or enjoin its enforcement.
(2) An aggrieved person may proceed under this section without first obtaining review of the ordinance by the commission.
(3) In an action relating to the enactment or enforcement of a local ordinance, a determination of the commission made under section 3305(b) (relating to commission) shall become part of the record before the court.
Cross References.
Section 3306 is referred to in section 3307 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 33 - Local Ordinances Relating to Oil and Gas Operations › Section 3307 - Attorney fees and costs

§ 3307. Attorney fees and costs.
In an action brought under section 3306 (relating to civil actions), the court may do any of the following:
(1) If the court determines that the local government enacted or enforced a local ordinance with willful or reckless disregard of the MPC, this chapter or Chapter 32 (relating to development), it may order the local government to pay the plaintiff reasonable attorney fees and other reasonable costs incurred by the plaintiff in connection with the action.
(2) If the court determines that the action brought by the plaintiff was frivolous or was brought without substantial justification in claiming that the local ordinance in question was contrary to the MPC, this chapter or Chapter 32, it may order the plaintiff to pay the local government reasonable attorney fees and other reasonable costs incurred by the local government in defending the action.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 33 - Local Ordinances Relating to Oil and Gas Operations › Section 3308 - Ineligibility

§ 3308. Ineligibility.
If the commission, Commonwealth Court or the Supreme Court issues an order that a local ordinance violates the MPC, this chapter or Chapter 32 (relating to development), the municipality enacting or enforcing the local ordinance shall be immediately ineligible to receive any funds collected under Chapter 23 (relating to unconventional gas well fee). The local government shall remain ineligible to receive funds under Chapter 23 until the local government amends or repeals its ordinance in accordance with this chapter or the order or determination that the local ordinance is unlawful is reversed on appeal.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 33 - Local Ordinances Relating to Oil and Gas Operations › Section 3309 - Applicability

§ 3309. Applicability.
(a) Ordinances.--
This chapter shall apply to the enforcement of local ordinances existing on the effective date of this chapter and to the enactment or enforcement of a local ordinance enacted on or after the effective date of this chapter.
(b) Local governments.--
A local government that has enacted a local ordinance relating to oil and gas operations prior to the effective date of this chapter shall have 120 days from the effective date of this chapter to review and amend an ordinance in order to comply with this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 35 - Responsibility for Fee › Section 3501 - Declaration of policy

§ 3501. Declaration of policy.
The General Assembly finds and declares as follows:
(1) The enactment of this chapter is an exercise of the authority of the Commonwealth to safeguard the vital interests of its citizens.
(2) This chapter is intended to advance the significant and legitimate public purpose of ensuring that entities responsible for the impacts of unconventional oil and gas well development are solely responsible for payment of impact fees.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 35 - Responsibility for Fee › Section 3502 - Prohibition

§ 3502. Prohibition.
A producer may not make the fee authorized under Chapter 23 (relating to unconditional gas well fee) an obligation, indebtedness or liability of a landowner, leaseholder or other person in possession of real property, upon which the removal or extraction occurs.
Cross References.
Section 3502 is referred to in sections 3503, 3504 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 35 - Responsibility for Fee › Section 3503 - Existing agreements

§ 3503. Existing agreements.
A provision of an agreement in existence prior to the effective date of this section which violates section 3502 (relating to prohibition) is declared to be illegal and contrary to public policy and shall be null and void.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 58 - OIL AND GAS › Chapter 35 - Responsibility for Fee › Section 3504 - Future agreements

§ 3504. Future agreements.
On or after the effective date of this section, a provision of an agreement in violation of section 3502 (relating to prohibition) is declared to be illegal and contrary to public policy and shall be null and void.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Extra - Title Notes

Special Provisions in Appendix.
See sections 8 and 10 of Act 33 of 2009 in the appendix to this title for special
            provisions relating to continuation of prior law and applicability.
Special Provisions in Appendix.
See section 10 of Act 33 of 2009 in the appendix to this title for special provisions
            relating to applicability.
61c3105s
Special Provisions in Appendix.
See section 24 of Act 95 of 2010 in the appendix to this title for special provisions
            relating to continuation of prior law.
61c3121s
Special Provisions in Appendix.
See section 10 of Act 33 of 2009 in the appendix to this title for special provisions
            relating to applicability.
61c3904s
Special Provisions in Appendix.
See the preamble to Act 65 of 2010 in the appendix to this title for special provisions
            relating to legislative findings and declarations.
61c4701s
Special Provisions in Appendix.
See section 10 of Act 33 of 2009 in the appendix to this title for special provisions
            relating to applicability.
61c5904s
Special Provisions in Appendix.
See section 10 of Act 33 of 2009 in the appendix to this title for special provisions
            relating to applicability.
61c6113s
Special Provisions in Appendix.
See sections 12, 13 and 14 of Act 33 of 2009 in the appendix to this title for special
            provisions relating to references in text, continuation of commission and continuation
            of fund.
61c6301s
Enactment.
Unless otherwise noted, the provisions of Title 61 were added August 11, 2009, P.L.147,
            No.33, effective in 60 days.
Enactment.
Part I was added August 11, 2009, P.L.147, No.33, effective in 60 days.
Enactment.
Part II was added August 11, 2009, P.L.147, No.33, effective in 60 days.
Enactment.
Part III was added August 11, 2009, P.L.147, No.33, effective in 60 days.
Enactment.
Part IV was added August 11, 2009, P.L.147, No.33, effective in 60 days.
Enactment.
Part V was added August 11, 2009, P.L.147, No.33, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 1 - Preliminary Provisions › Extra - Chapter Notes

Enactment.
Chapter 1 was added August 11, 2009, P.L.147, No.33, effective in 60 days.
Enactment.
Chapter 11 was added August 11, 2009, P.L.147, No.33, effective in 60 days.
Enactment.
Subchapter D was added July 9, 2010, P.L.457, No.59, effective immediately.
Enactment.
Chapter 13 (Reserved) was added August 11, 2009, P.L.147, No.33, effective in 60 days.
Enactment.
Chapter 15 (Reserved) was added August 11, 2009, P.L.147, No.33, effective in 60 days.
Enactment.
Chapter 17 was added August 11, 2009, P.L.147, No.33, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 1 - Preliminary Provisions › Section 102 - Definitions

§ 102. Definitions.
The following words and phrases when used in this title shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Board."
The Pennsylvania Parole Board.
"Chief administrator."
The warden, superintendent or other officer in charge of a correctional institution.
"City department."
The department of human services of a city of the first class, or such other agency of a city of the first class as shall be determined by a mayor of the city.
"Commission."
The Pennsylvania Commission on Sentencing.
"Correctional institution."
A State correctional institution or a county correctional institution.
"Corrections officer."
A person employed at a correctional institution to provide any security or custodial service for inmates.
"County correctional institution."
A correctional facility, prison or jail owned or operated by a county.
"Department."
The Department of Corrections of the Commonwealth.
"Inmate."
A person committed to a term of imprisonment or otherwise confined under the custody of the Commonwealth or a county in a correctional institution in accordance with law.
"Offender."
An individual that has been convicted or found guilty of a criminal offense by a judge or jury or an individual that pleads guilty or nolo contendere to a criminal offense at any time in a court of record or before a magisterial district justice under section 6138(a)(1.1) (relating to violation of terms of parole).
"Parole violator center."
An area within the secure perimeter or on the grounds of a State correctional institution or any contracted facility or contracted county jail that has been designated to house offenders detained or recommitted by the board for a technical parole violation.
"Prescribed programming."
An individualized treatment plan that is part of the correctional plan jointly developed by the department and the board following a diagnostic evaluation and risk and needs assessment that includes a structured set of evidence-based treatment curriculums designed to reduce the risk of reoffense by an offender.
"Secretary."
The Secretary of Corrections of the Commonwealth.
"State correctional institution."
A correctional facility, prison or jail owned or operated by the Commonwealth.
(Oct. 27, 2010, P.L.931, No.95, eff. imd.; June 30, 2021, P.L.260, No.59, eff. imd.)
2021 Amendment.
Act 59 amended the def. of "board" and added the defs. of "offender" and "parole violator center."
2010 Amendment.
Act 95 added the def. of "prescribed programming."
Cross References.
Section 102 is referred to in section 9777 of Title 42 (Judiciary and Judicial Procedure).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 11 - General Administration › Extra - Chapter Notes

Enactment.
Chapter 11 was added August 11, 2009, P.L.147, No.33, effective in 60 days.
Enactment.
Subchapter D was added July 9, 2010, P.L.457, No.59, effective immediately.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 11 - General Administration › Section 1102 - Correctional facility for criminological diagnosis

§ 1102. Correctional facility for criminological diagnosis.
(a) Establishment.--
There is hereby established a correctional facility for criminological diagnosis, classification, social and psychological treatment and research, medical treatment and staff training.
(b) Operation and management.--
The department shall operate and manage the correctional facility established under this section, including staff training and the treatment, care, maintenance, employment and rehabilitation of the inmates in that facility.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 11 - General Administration › Section 1105 - Powers and duties of department

§ 1105. Powers and duties of department.
(a) General rule.--
The department shall have the power and its duty shall be:
(1) To establish standards for county correctional institutions, including, but not limited to, standards for physical facilities and standards for correctional programs of treatment, education and rehabilitation of inmates.
(2) To inspect county correctional institutions and to classify them in accordance with standards adopted under paragraph (1) as eligible to receive inmates sentenced to maximum terms of six months or more but less than five years.
(b) Rules and regulations.--
The department may prescribe, adopt, promulgate and enforce rules and regulations in order to administer the provisions of this section.
(Oct. 27, 2010, P.L.931, No.95, eff. imd.)
2010 Amendment.
Act 95 added section 1105, retroactive to November 9, 2009. See section 23 of Act 95 in the appendix to this title for special provisions relating to continuation of regulations adopted under prior law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 11 - General Administration › Section 1106 - Powers of peace officers

§ 1106. Powers of peace officers.
A chief administrator, deputy superintendent or corrections officer of a State correctional facility may exercise the powers of a peace officer in the performance of that individual's duties generally in:
(1) Guarding, protecting and delivering inmates.
(2) Protecting the property of the department.
(3) Capturing and returning inmates that may have escaped within the immediate area of a State correctional facility or mode of transport. For the purposes of this section, the immediate area of a State correctional facility or mode of transport shall encompass the curtilage up to and including one-half of one mile.
(June 30, 2021, P.L.260, No.59, eff. imd.)
2021 Amendment.
Act 59 added section 1106. See section 28 of Act 59 in the appendix to this title for special provisions relating to reference in law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 11 - General Administration › Section 1152 - Transfers to city department

§ 1152. Transfers to city department.
(a) Cities of the first class.--
Every person sentenced by any court to a county correctional institution situate in a city of the first class shall be committed to the custody of the city department, where the city department has established a correctional, diagnostic and classification service for persons convicted of any crime.
(b) Duty of city department.--
(1) Every person committed to the custody of the city department under subsection (a) shall be confined, diagnosed and classified by the city department.
(2) Upon the completion of the diagnosis and classification, the person shall be placed in the county correctional institution of the city determined to be most appropriate for the service of sentence.
(3) In making the determination under paragraph (2), the city department shall consider the problem of rehabilitation, security, adequacy of facilities and such other factors as, in its opinion, will serve to promote the rehabilitation of inmates, consistent with the security and protection of the county.
(c) Intradepartmental transfers.--
The city department may transfer between any correctional institutions under its control or supervision an inmate confined and serving in any of those institutions, whether the sentence is imposed before or after the effective date of this section, if the transfer is, in the opinion of the city department, consistent with the standards for original placement set forth in subsection (b).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 11 - General Administration › Section 1153 - Expense of removing certain inmates

§ 1153. Expense of removing certain inmates.
The expenses of conveying inmates from the several counties of this Commonwealth to the State correctional institutions in the Eastern Region and Western Region shall be paid by the counties from which the inmates may be sent.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 11 - General Administration › Section 1154 - Law enforcement use of county correctional institutions

§ 1154. Law enforcement use of county correctional institutions.
(a) General rule.--
Sheriffs, constables, members of the Pennsylvania State Police and other persons authorized by the laws of this Commonwealth to make arrests shall have the use, for a period not to exceed 48 hours, of borough and township lockups and county correctional institutions for the detention of persons arrested until they can be disposed of according to law, if found necessary by the officer in charge.
(b) Reimbursement.--
(1) Boroughs, cities and townships are entitled to receive compensation of not more than $2 per day of 24 hours, for each prisoner detained under subsection (a), from the treasury of the county having jurisdiction over the person detained.
(2) This subsection does not apply to counties of the second class.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 11 - General Administration › Section 1161 - Return of escaped inmates

§ 1161. Return of escaped inmates.
(a) General rule.--
In all cases where an inmate, after an escape from a State correctional institution, is apprehended or arrested by any officer having authority to make such arrest, the officer shall notify the State correctional institution from which the escape was made. The State correctional institution shall notify the department or the Pennsylvania State Police, which shall immediately send an officer or officers to return the inmate to the State correctional institution.
(b) Expenses.--
All necessary expenses incurred by the officer or officers in returning an escaped inmate to the State correctional institution shall be borne by the State correctional institution from which the escape was made, which expenses shall be refunded to the county correctional institution or the Pennsylvania State Police whose officer or agent makes the return.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 11 - General Administration › Section 1162 - Escaped inmate costs

§ 1162. Escaped inmate costs.
(a) County jurisdiction.--
(1) The cost of transporting an escaped inmate under the jurisdiction of the county from the place of capture to any county correctional institution after being sentenced for the escape or for the commission of any crime or offense following such escape and before apprehension, the cost of maintenance while confined in the county correctional institution awaiting trial, as well as the costs of the trial for the violation by an inmate under the jurisdiction of the county under 18 Pa.C.S. § 5121 (relating to escape) or of the trial for crimes and offenses committed after the escape and before apprehension or of the trial for crimes and offenses committed on the grounds or within the buildings of any county correctional institution, as well as the costs incurred in any proceedings on writs of habeas corpus, coram nobis or other petitions arising out of any escape or crime or the trials therefor, or in any appeals of any such proceedings or trials, shall, in each instance, be borne and paid by the respective counties of the Commonwealth from whose courts the inmates were originally committed to any county correctional institution.
(2) The county liable for costs under this subsection shall, upon bills rendered by the county paying the costs in the first instance, pay to that county the amount of the costs.
(b) State jurisdiction.--
The cost of transporting escaped inmates under the jurisdiction of the Commonwealth from the place of capture to any State correctional institution after being sentenced for the escape, or for the commission of any criminal offense following the escape and before apprehension, as well as the costs of the trial for escape or breaking away of inmates from any State correctional institution or the violation by the inmates under the jurisdiction of the Commonwealth under 18 Pa.C.S. § 5121, or of the trial for crimes and offenses committed after such escape and before apprehension or of the trial for crimes and offenses committed on the grounds or within the buildings of any State correctional institution, as well as the costs incurred in any proceedings on writs of habeas corpus, coram nobis or other petitions arising out of any escape or criminal offense or the trials therefor, or in any appeals of any such proceedings or trials, shall, in each instance, be borne and paid by the Commonwealth.
(c) Definition.--
As used in this section, the term "costs" includes, but is not limited to, charges for court stenographer, district attorney, witness fees, magisterial district judge, clerk of court, public defender and court-appointed attorney.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 11 - General Administration › Section 1163 - Maintenance of escaping inmates under new sentence

§ 1163. Maintenance of escaping inmates under new sentence.
(a) County jurisdiction.--
In case of conviction and sentence of an escaping inmate under the jurisdiction of the county, the costs of maintenance of the inmates under such new sentence shall be borne by the county from which the inmate was originally committed.
(b) State jurisdiction.--
In case of conviction and sentence of an escaping inmate under the jurisdiction of the Commonwealth, the costs of maintenance of the inmate under such new sentence shall be borne by the Commonwealth.
(c) Additional police expenses.--
Any additional police expenses incurred by a political subdivision as a result of the escape of an inmate under the jurisdiction of the Commonwealth shall be borne by the Commonwealth.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 11 - General Administration › Section 1164 - Criminal offense during confinement

§ 1164. Criminal offense during confinement.
Where an inmate is in a State correctional institution either because of the inmate's sentence pursuant to the inmate's conviction or plea of guilty to a criminal charge or because of a commitment issued by any court of the Commonwealth having jurisdiction and, while so confined, the inmate commits a criminal offense and is subsequently convicted or enters a plea of guilty, the expenses of keeping the inmate in any State correctional institution pursuant to such subsequent conviction or plea of guilty shall be borne by the Commonwealth.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 11 - General Administration › Section 1172 - Definitions

§ 1172. 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:
"Correctional facility."
A correctional institution, group home, community corrections center, parole center or any facility that houses a person convicted of a criminal offense, or awaiting trial, sentencing or extradition in a criminal proceeding. The term does not include any facility or institution operated, supervised or licensed under the act of June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code.
"Designated personnel."
Correctional facility employees or employees of a vendor for a correctional facility licensed by the State Board of Medicine, State Board of Osteopathic Medicine, State Board of Nursing or State Board of Pharmacy and authorized by their scope of practice to administer drugs.
"Drug."
Any medication prescribed by a licensed practitioner, either patient specific or stock, to a patient in a correctional facility.
"Manufacturer."
A company that produces a drug or a Federal Drug Administration certified repacker who packages or repackages a drug product for distribution.
"Manufacturer identifier."
A manufacturer's name or product National Drug Code number.
"Unit dose package."
An individually sealed package that contains a single dose drug with the drug name, strength, manufacturer identifier, lot number and expiration date of the drug on the package.
"Unit of issue package."
A package that includes multiple unit dose packages of the same drug.
"Vendor pharmacy."
A licensed pharmacy that packages, repackages or prepares a manufacturer-sealed container, unit dose package or unit of issue package for delivery to a correctional facility.
(July 5, 2012, P.L.1050, No.122, eff. July 1, 2013)
2012 Amendment.
Act 122 amended the def. of "correctional facility."
References in Text.
The short title of the act of June 13, 1967 (P.L.31, No.21), known as the "Public Welfare Code," referred to in the def. of "correctional facility," was amended by the act of December 28, 2015 (P.L.500, No.92). The amended short title is now the Human Services Code.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 11 - General Administration › Section 1173 - Return to and redispensing by vendor pharmacy

§ 1173. Return to and redispensing by vendor pharmacy.
A drug that is issued to a correctional facility and has left the control of a pharmacist at a vendor pharmacy may be returned to its vendor pharmacy for the purpose of redispensing that drug to fill other prescriptions for other correctional facilities only if the following requirements are met:
(1) The drug is not a Schedule I, II, III, IV or V controlled substance as specified in the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act.
(2) The drug is returned to its vendor pharmacy in accordance with the vendor pharmacy's written policies and procedures that comply with section 1174 (relating to vendor pharmacy redispensing) and the State Board of Pharmacy's rules and regulations in regard to delivery, storage, labeling and reissuing of the drug.
(3) The drug is returned to the vendor pharmacy unopened and still sealed in the unit dose package, unit of issue package, bottle or manufacturer's package.
(4) Each returned unit dose package, unit of issue package, bottle or manufacturer's package retains the drug name, strength, manufacturer identifier, lot and expiration date as originally labeled by the pharmacy or manufacturer.
(5) The drug issued to the facility was at no time in the possession or control of a patient.
(6) The drug remained in a controlled environment of a secured drug room or secured drug cart under the supervision of designated personnel who are responsible for the drugs in that correctional facility.
(7) The drug has no fewer than 90 days before its expiration date.
(8) A pharmacist at the vendor pharmacy determines by visual inspection that the returned products are not adulterated or misbranded.
(9) A pharmacist at the vendor pharmacy using the pharmacist's professional judgment determines that:
(i) The conditions under which the drug has been delivered, stored and handled before and during its return to the pharmacy have preserved proper integrity, stability and labeling of the drug.
(ii) The drug labeling or packaging has not been altered or defaced.
(iii) The drug name, strength, manufacturer identifier, lot and expiration date are retrievable.
Cross References.
Section 1173 is referred to in sections 1174, 1176 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 11 - General Administration › Section 1174 - Vendor pharmacy redispensing

§ 1174. Vendor pharmacy redispensing.
The vendor pharmacy to which drug products are returned may redispense a drug properly returned under section 1173 (relating to return to and redispensing by vendor pharmacy), provided that:
(1) The drugs are returned directly from the correctional facility to the vendor pharmacy.
(2) The drugs returned to the vendor pharmacy are stored separately from the rest of the pharmacy's stock.
(3) The redispensing is in compliance with the United States Pharmacopeia and the vendor pharmacy's policies and procedures.
(4) The vendor pharmacy records receipt of the drug, including:
(i) The date the drug was received.
(ii) The quantity of the drug.
(iii) The lot number of the drug.
(iv) The expiration date of the drug.
(5) Information recorded under this section is maintained for at least two years from the date the drug is redispensed.
(6) The unit dose package, unit of issue or originally sealed container stays intact with drug name, strength, manufacturer identifier, lot and expiration date and is not emptied from the returned unit dose, unit of issue or original container for repacking.
(7) The name of any patient for whom the drug was previously prescribed is removed prior to redispensing.
(8) The drug remains in the original container or package and before redispensing the vendor pharmacy ensures that the label meets the requirements of the State Board of Pharmacy's rules and regulations.
Cross References.
Section 1174 is referred to in section 1173 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 11 - General Administration › Section 1175 - Credit for redispensing

§ 1175. Credit for redispensing.
The vendor pharmacy to which drug products are returned shall credit the correctional facility for the unused drugs that are permitted to be restocked for redispensing at a rate determined by the vendor pharmacy and the correctional facility.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 11 - General Administration › Section 1176 - Disposal of unacceptable returned drugs

§ 1176. Disposal of unacceptable returned drugs.
Returned drugs that do not meet all the requirements of section 1173 (relating to return to and redispensing by vendor pharmacy) shall be deemed unacceptable for redispensing and processed for disposal. Drugs deemed unacceptable for redispensing shall be sent to a destruction agency, reverse distributor, manufacturer, original wholesaler or other approved entity.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 11 - General Administration › Section 1177 - Unprofessional conduct

§ 1177. Unprofessional conduct.
(1) A pharmacist who is authorized under this subchapter to redispense a drug and who properly relabels and repackages the drug shall not be deemed to have engaged in unprofessional conduct under section 5 of the act of September 27, 1961 (P.L.1700, No.699), known as the Pharmacy Act.
(2) A pharmacist who fails to comply with the provisions of this subchapter may be subject to discipline under the Pharmacy Act.
(3) A pharmacy that fails to comply with the provisions of this subchapter may be subject to discipline under the Pharmacy Act.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 17 - County Correctional Institutions › Section 1721 - Scope of subchapter

§ 1721. Scope of subchapter.
This subchapter relates to county jail oversight boards.
(Oct. 27, 2010, P.L.931, No.95, eff. imd.)
2010 Amendment.
Section 27(1) of Act 95 provided that the amendment of section 1721 shall be retroactive to October 12, 2009.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 17 - County Correctional Institutions › Section 1722 - Definitions

§ 1722. 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:
"Board."
The county jail oversight board of a county.
"County."
A county of the second class or a county that has elected to be governed by the provisions of this subchapter under section 1723(d) (relating to county jail oversight board).
(Oct. 27, 2010, P.L.931, No.95, eff. imd.)
2010 Amendment.
Section 27(1) of Act 95 provided that the amendment of section 1722 shall be retroactive to October 12, 2009.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 17 - County Correctional Institutions › Section 1723 - County jail oversight board

§ 1723. County jail oversight board.
(a) Establishment.--
There is hereby established in each county a county jail oversight board which shall be named the (Name of County) County Jail Oversight Board. The board shall be a continuation of the county prison board originally established under the former act of December 10, 1980 (P.L.1152, No.208), known as the Second Class County Prison Board Act, and former Article XXX-A of the act of July 28, 1953 (P.L.723, No.230), known as the Second Class County Code.
(b) Composition.--
The board shall be composed of:
(1) The county chief executive.
(2) Two judges of the court of common pleas, one of whom shall be the president judge, or his designee who shall be a judge, and one judge appointed by the president judge.
(3) The county sheriff.
(4) The county controller.
(5) The president of county council or his designee.
(6) Three citizen members as provided in subsection (c).
(c) Qualifications of citizen members.--
The citizen members shall not be employees of the county or of the Commonwealth. They shall serve for a term of three years and shall be representative of the broad segments of the county's population and shall include persons whose background and experience indicate that they are qualified to act in the interest of the public. The citizen members shall be appointed by the county chief executive with the consent of county council.
(d) Counties that may elect to be subject to subchapter.--
Any county that has adopted a home rule charter may elect by resolution of the governing body of the county to be governed by the provisions of this subchapter.
(Oct. 27, 2010, P.L.931, No.95, eff. imd.)
2010 Amendment.
Act 95 added subsec. (d), retroactive to October 12, 2009.
Cross References.
Section 1723 is referred to in section 1722 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 17 - County Correctional Institutions › Section 1724 - Powers and duties

§ 1724. Powers and duties.
(a) General rule.--
The board's administrative powers and duties shall include the operation and maintenance of the prison and all alternative housing facilities, the oversight of the health and safekeeping of inmates and the confirmation of the chief executive's selection of a warden.
(b) Living conditions.--
The board shall ensure that the living conditions within the prison and alternative housing facilities are healthful and otherwise adequate.
(c) Unannounced inspections.--
The board shall, at least twice each year, conduct an unannounced inspection of the prison's physical plant. During such inspections, the board shall interview a cross section of inmates, out of the presence of the warden and his agents, to determine the conditions within the prison and alternative housing facilities. After each inspection, the board shall prepare a written report setting forth its findings and determinations which shall be available for public inspection.
(d) Operations to be consistent with law.--
The board shall ensure that the prison is being operated in accordance with its regulations and the laws and regulations of this Commonwealth and of the United States.
(e) Investigations.--
The board shall investigate allegations of inadequate prison conditions and improper practices occurring within the prison and may make such other investigations or reviews of prison operation and maintenance. The books, papers and records of the prison, including, but not limited to, the papers and records of the warden and those relating to individual inmates, shall at all times be available for inspection by the board.