FEMALE PRISONERS, REGIONAL CENTERS ESTABLISHED — 1972 Pa. Act 218 (historical enacted text)

Historical Act text

PRINTER'S NO. 742
INTRODUCED BY MESSRS. IRVIS, FINEMAN, BUTERA, MILLER, VANN,
CESSAR, SCANLON, RAPPAPORT, DeMEDIO, O'PAKE, MRS. ANDERSON,
MESSRS. KLEPPER, RENNINGER, MRS. KELLY, MRS. GILLETTE,
MR. H. S. PARKER, MRS. FAWCETT, MESSRS. WILSON, GLEASON,
MRS. CRAWFORD, MESSRS. O'CONNELL, WELLS, MRS. TOLL,
MESSRS. BARBER, ZELLER, M. M. MULLEN, BERKES, E. B. DAVIS,
SCIRICA AND ZEARFOSS, MARCH 31, 1971
REFERRED TO COMMITTEE ON LAW AND ORDER, MARCH 31, 1971
AN ACT
1 Establishing regional community treatment centers for women
2 administered by the Bureau of Correction of the Department of
3 Justice as part of the State Correctional System, providing
4 for the commitment of females to such centers and their
5 temporary release therefrom for certain purposes, restricting
6 confinement of females in county jails and conferring powers
7 and duties upon the Department of Justice and the Bureau of
8 Correction.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Establishment.--There are hereby established
12 regional community treatment centers distributed geographically
13 throughout the State for the treatment and rehabilitation of
14 female prisoners.
15 Section 2. Facilities; Acquisition; Construction; Lease.--
16 (a) The Department of Justice, with the approval of the
17 Governor, may acquire by purchase or lease through the
18 Department of Property and Supplies or through The General State
1 Authority, suitable existing facilities.
2 (b) The Department of Justice, with the approval of the
3 Governor, may select for acquisition, either by the Department
4 of Property and Supplies or by The General State Authority with
5 funds of the authority, tracts of land suitable for the
6 construction of regional correctional facilities thereon. The
7 title to the lands so acquired shall be approved by the Attorney
8 General.
9 (c) Upon the acquisition of such tracts of land or existing
10 facilities in the name of the Commonwealth, the Department of
11 Property and Supplies shall have authority to convey the same to
12 The General State Authority for the purpose of having such
13 authority erect, construct and reconstruct thereon regional
14 correctional facilities.
15 (d) The Department of Property and Supplies, with the
16 approval of the Governor, is hereby authorized to enter into a
17 lease with The General State Authority to acquire the use of the
18 regional correctional facilities and any tracts of land in
19 connection therewith.
20 Section 3. Department of Justice; Powers and Duties.--The
21 Department of Justice shall have the power and its duties shall
22 be:
23 (1) To operate and manage regional community treatment
24 centers for females;
25 (2) To provide for the treatment, care, maintenance,
26 employment and rehabilitation of inmates of the centers;
27 (3) To establish standards for county jails and prisons,
28 including standards for physical facilities and standards for
29 correctional programs of treatment, education and rehabilitation
30 of the inmates;
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1 (4) To inspect county jails and to classify them in
2 accordance with standards adopted under clause (3) of this
3 section as eligible to receive prisoners under this act;
4 (5) To release any inmate in its custody for such purposes
5 and under such terms and conditions as the Bureau of Correction
6 shall determine.
7 Section 4. Criteria for Reception of Female Prisoners.--The
8 regional community treatment centers shall receive, subject to
9 the affirmative authorization of the Bureau of Correction, the
10 following:
11 (1) Females sixteen years or over received by commitment or
12 sentence of the criminal courts;
13 (2) Women detained in default of bond after preliminary
14 hearing unless the Bureau of Correction affirmatively authorized
15 the use of a county jail in a specific county;
16 (3) Women detained in default of bond upon arrest if the
17 Bureau of Correction so authorizes, and at the same time,
18 prohibits use of a particular county jail for female commitments
19 except on an emergency basis;
20 (4) Women sentenced by justices of the peace with
21 authorization for temporary release by the Bureau of Correction
22 and paroled by the court of common pleas without consent of
23 justices of the peace;
24 (5) Females sentenced by the court of common pleas (i) who
25 remain under county jurisdiction; (ii) who are under State
26 jurisdiction.
27 (6) Females who are alleged or determined to be in violation
28 of their parole (county or State, convicted or technical).
29 Section 5. Participation in Programs.--(a) All females on
30 probation or parole may participate in a specified program at
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1 the center when operationally feasible in the determination of
2 the Bureau of Correction.
3 (b) All females on bond and those released or discharged may
4 participate in a specified program when operationally feasible
5 in the determination of the Bureau of Correction.
6 Section 6. Jurisdiction; Transfer.--All females committed to
7 a regional community treatment center shall be subject to the
8 exclusive jurisdiction and control of the Bureau of Correction
9 and shall be subject to transfer within the discretion of said
10 bureau.
11 Section 7. Rules and Regulations.--The Bureau of Correction
12 of the Department of Justice is hereby authorized and empowered
13 to prescribe, adopt, promulgate and enforce rules and
14 regulations in the administration of this act.
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