Pennsylvania Act 1990-71 — PRISON FACILITIES IMPROVEMENT ACT

Act text

AN ACT

Authorizing the Department of General Services to enter into lease/purchase agreements for prison space; providing for the issuance of bonds; making appropriations; authorizing indebtedness, with the approval of the electors, to make grants to counties for county or multicounty regional prison facilities; and authorizing the Department of Corrections to contract with county or regional prison facilities for the housing of State inmates.

TABLE OF CONTENTS

Chapter 1. Preliminary Provisions

Section 101. Short title.

Section 102. Declaration of policy.

Section 103. Definitions.

Chapter 3. Lease Purchase Agreements (Repealed)

Section 301. Authorization (Repealed).

Section 302. Terms of lease agreements (Repealed).

Section 303. Selection of contractor (Repealed).

Section 304. Award of contract (Repealed).

Section 305. Construction oversight and inspection (Repealed).

Section 306. Exemption and nonapplicable acts (Repealed).

Section 307. Location of facility (Repealed).

Section 308. Report to General Assembly (Repealed).

Chapter 5. Itemization of Public Improvement Projects (Repealed)

Section 501. Total authorizations (Repealed).

Section 502. Itemization of public improvement projects (Repealed).

Section 503. Special provisions (Repealed).

Section 504. Debt authorization (Repealed).

Section 505. Issue of bonds (Repealed).

Section 506. Estimated useful life and term of debt (Repealed).

Section 507. Appropriation (Repealed).

Section 508. Federal funds (Repealed).

Section 509. Insurance proceeds (Repealed).

Section 510. Current revenues (Repealed).

Chapter 7. Incurring Indebtedness for County Prisons

Section 701. Definitions.

Section 702. Referendum to authorize incurring indebtedness.

Section 703. Authority to borrow.

Section 704. Bonds, issue, maturity, interest, etc.

Section 705. Sale of bonds.

Section 706. Refunding bonds.

Section 707. Registration of bonds.

Section 708. Disposition and use of proceeds.

Section 709. Local Criminal Justice Sinking Fund.

Section 710. Expenses of preparation, issue and sale of bonds.

Section 711. Temporary financing authorization.

Section 712. Quorum.

Section 713. Information to General Assembly.

Section 714. Grants to counties.

Section 715. Multicounty regional prison facilities.

Section 716. Appropriation.

Chapter 9. Construction of New Prison (Repealed)

Section 901. Total authorization (Repealed).

Section 902. Itemization of public improvement project (Repealed).

Section 903. Debt authorization (Repealed).

Section 904. Issue of bonds (Repealed).

Section 905. Estimated useful life and term of debt (Repealed).

Section 906. Appropriation (Repealed).

Section 907. Federal funds (Repealed).

Chapter 11. Multicounty Regional Prison Facilities (Repealed)

Section 1101. Authorization (Repealed).

Section 1102. Prison services contracts (Repealed).

Chapter 13. Miscellaneous Provisions

Section 1301. Military installation limitation.

Section 1302. Repeals.

Section 1303. Retroactivity.

Section 1304. Effective date.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

CHAPTER 1

PRELIMINARY PROVISIONS

Section 101. Short title.

This act shall be known and may be cited as the Prison Facilities Improvement Act.

Section 102. Declaration of policy.

The General Assembly finds and declares as follows:

(1) The Commonwealth faces a serious problem in the overcrowded prisons.

(2) Expeditious procedures are required to resolve the problem.

Section 103. Definitions.

The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Modular unit." A prefabricated structure designed to house inmates in individual cells or a combination of cells and dormitory housing. The structure is primarily factory fabricated and site assembled using prefinished units into a completed inmate housing structure.

CHAPTER 3

LEASE PURCHASE AGREEMENTS

(Ch. repealed Aug. 11, 2009, P.L.147, No.33)

Section 301. Authorization (Repealed Aug. 11, 2009, P.L.147, No.33).

Section 302. Terms of lease agreements (Repealed Aug. 11, 2009, P.L.147, No.33).

Section 303. Selection of contractor (Repealed Aug. 11, 2009, P.L.147, No.33).

Section 304. Award of contract (Repealed Aug. 11, 2009, P.L.147, No.33).

Section 305. Construction oversight and inspection (Repealed Aug. 11, 2009, P.L.147, No.33).

Section 306. Exemption and nonapplicable acts (Repealed Aug. 11, 2009, P.L.147, No.33).

Section 307. Location of facility (Repealed Aug. 11, 2009, P.L.147, No.33).

Section 308. Report to General Assembly (Repealed Aug. 11, 2009, P.L.147, No.33).

CHAPTER 5

ITEMIZATION OF PUBLIC IMPROVEMENT PROJECTS

(Ch. repealed Aug. 11, 2009, P.L.147, No.33)

Section 501. Total authorizations (Repealed Aug. 11, 2009, P.L.147, No.33).

Section 502. Itemization of public improvement projects (Repealed Aug. 11, 2009, P.L.147, No.33).

Section 503. Special provisions (Repealed Aug. 11, 2009, P.L.147, No.33).

Section 504. Debt authorization (Repealed Aug. 11, 2009, P.L.147, No.33).

Section 505. Issue of bonds (Repealed Aug. 11, 2009, P.L.147, No.33).

Section 506. Estimated useful life and term of debt (Repealed Aug. 11, 2009, P.L.147, No.33).

Section 507. Appropriation (Repealed Aug. 11, 2009, P.L.147, No.33).

Section 508. Federal funds (Repealed Aug. 11, 2009, P.L.147, No.33).

Section 509. Insurance proceeds (Repealed Aug. 11, 2009, P.L.147, No.33).

Section 510. Current revenues (Repealed Aug. 11, 2009, P.L.147, No.33).

CHAPTER 7

INCURRING INDEBTEDNESS FOR COUNTY PRISONS

Section 701. 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:

"Construction." The term includes the preparation of drawings and specifications for facilities; erecting, building, altering, remodeling, improving or extending such facilities; and the inspection and supervision of the construction of such facilities. The term does not include any interest in land.

"County." Any county of this Commonwealth.

"Department." The Department of Corrections of the Commonwealth.

"Facility." The term includes any building and related facility, initial equipment, machinery and utilities necessary or appropriate for the criminal justice purpose for which the particular facility was constructed.

"Local correctional facility." Any jail, prison or detention facility operated by a county or jointly by more than one county and used for the confinement of persons for safe custody. The term does not include any facility used for the detention or confinement of juveniles.

Section 702. Referendum to authorize incurring indebtedness.

(a) Submission of question to electors.--The question of incurring indebtedness of $200,000,000 for the repair, expansion, construction, reconstruction or rehabilitation of county prisons or multicounty regional prison facilities or the purchase of electronic monitoring equipment for alternative sentencing programs shall be submitted to the electors at the next primary, municipal or general election following the effective date of this chapter.

(b) Certification to county boards of elections.--The Secretary of the Commonwealth shall immediately certify the question under subsection (a) to the county boards of elections.

(c) Form of question.--The question shall be in substantially the following form:

Do you favor the incurring of indebtedness by the Commonwealth of $200,000,000 to repair, expand, construct, reconstruct and rehabilitate county prisons or multicounty regional prison facilities or fund capital needs to create or expand county alternative sentencing or treatment programs?

(d) Conduct of election.--The election shall be conducted in accordance with the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code, except that the time limits for advertisement of notice of the election may be waived as to the question.

Compiler's Note: The voters approved the incurring of indebtedness of $200,000,000 at the general election held on November 6, 1990.

Section 703. Authority to borrow.

In the event that the question of incurring indebtedness, as described in section 702, is approved by a majority of those voting on the question in accordance with section 7(a)(3) of Article VIII of the Constitution of Pennsylvania, the Governor, Auditor General and State Treasurer are hereby authorized and directed to borrow, on the credit of the Commonwealth, such sum or sums of money not exceeding in the aggregate the sum of $200,000,000, as may be necessary to carry out the purposes of this chapter.

Section 704. Bonds, issue, maturity, interest, etc.

(a) Issuance.--As evidence of the indebtedness herein authorized, general obligation bonds of the Commonwealth shall be issued from time to time for such total amounts, in such forms, in such denominations and subject to such terms and conditions of issue, redemption and maturity, rate or rates of interest and time of payment of interest as the Governor, Auditor General and State Treasurer shall direct, except that the latest stated maturity date shall not exceed 30 years from the date of the bond first issued for each such series.

(b) Signatures and seal.--All bonds issued under the authority of this chapter shall bear facsimile signatures of the Governor, the Auditor General and the State Treasurer, and a facsimile of the Great Seal of the Commonwealth, and shall be countersigned by two duly authorized officers of the duly authorized loan and transfer agents of the Commonwealth.

(c) Full faith and credit.--All bonds issued in accordance with the provisions of this chapter shall be direct obligations of the Commonwealth, and the full faith and credit of the Commonwealth are hereby pledged for the payment of the interest thereon as the same shall become due and for the payment of the principal thereof at maturity. All bonds issued under the provisions of this chapter shall be exempt from taxation for State and local purposes. The principal of and interest on such bonds shall be payable in lawful money of the United States of America.

(d) Form.--Bonds issued under this chapter may be issued as coupon bonds or registered as to both principal and interest as the issuing officials may determine. If interest coupons are attached, they shall contain the facsimile signature of the State Treasurer.

(e) Amount.--The issuing officials shall provide for the amortization of the bonds issued under this chapter in substantial and regular amounts over the term of the debt.

(f) Preparation.--The Governor, the Auditor General and the State Treasurer shall proceed to have the necessary bonds prepared and printed. The bonds, as soon as they are prepared and printed, shall be deposited with the duly authorized loan and transfer agent of the Commonwealth, there to remain until sold in accordance with the provisions of this chapter.

Section 705. Sale of bonds.

(a) Offering for sale.--When bonds are issued under this chapter, they shall be offered for sale and shall be sold by the Governor, the Auditor General and State Treasurer to the highest and best bidder or bidders after due public advertisement, on such terms and conditions and upon such open competitive bidding as the Governor, the Auditor General and the State Treasurer shall direct. The manner and character of advertisement and the times of advertising shall be prescribed by the Governor, the Auditor General and the State Treasurer.

(b) Private sale.--Any portion of any bond issue offered under subsection (a) and not sold or subscribed for may be disposed of by private sale by the Governor, the Auditor General and the State Treasurer, in such manner and at such prices as the Governor shall direct.

(c) Series.--When bonds are issued from time to time, the bonds of each issue shall constitute a separate series to be designated by the issuing officials or may be combined for sale as one series with other general obligation bonds of the Commonwealth.

Section 706. Refunding bonds.

The Governor, the Auditor General and the State Treasurer are hereby authorized to provide, by resolution, for the issuance of refunding bonds for the purpose of refunding any bonds issued under the provisions of this chapter and then outstanding, either by voluntary exchange with the holders of such outstanding bonds with accrued interest and any premium payable thereon, at maturity or at any call date. The issuance of refunding bonds, the maturities and other details thereof, the rights of the holders thereof, and the duties of the Governor, the Auditor General and the State Treasurer in respect to refunding bonds shall be governed by the foregoing provisions of this chapter, insofar as they may be applicable. Refunding bonds may be issued by the Governor, the Auditor General and the State Treasurer to refund bonds originally issued or to refund bonds previously issued for refunding purposes.

Section 707. Registration of bonds.

The Auditor General shall prepare the necessary registry book to be kept in the office of the duly authorized loan and transfer agent of the Commonwealth for the registration of any bonds, at the request of owners thereof, according to the terms and conditions of issue directed by the Governor, the Auditor General and the State Treasurer. All bonds which are issued under this chapter without interest coupons attached shall be registered in the registry books kept by the duly authorized loan and transfer agent of the Commonwealth.

Section 708. Disposition and use of proceeds.

(a) Creation of Local Criminal Justice Fund.--There is hereby created in the State Treasury a special fund to be known as the Local Criminal Justice Fund. The proceeds realized from the sale of bonds under the provisions of this chapter shall be paid into this special fund and are hereby specifically dedicated to the purpose of the referendum authorized by section 702. The moneys shall be paid periodically by the State Treasurer to the department at such times and in such amounts as may be necessary to satisfy the purpose of this chapter.

(b) Investment and earnings.--Pending their application to the purposes authorized, moneys held or deposited in the Local Criminal Justice Fund by the State Treasurer may be invested or reinvested as are other funds in the custody of the State Treasurer in the manner provided by law. All earnings received from the investment or deposit of such funds shall be paid into the State Treasury to the credit of the Local Criminal Justice Fund.

Section 709. Local Criminal Justice Sinking Fund.

All bonds issued under the authority of this chapter shall be redeemed at maturity, and all interest due from time to time on such bonds shall be paid from the Local Criminal Justice Sinking Fund, which is hereby created. For the specific purpose of redeeming these bonds at maturity and paying all interest thereon in accordance with the information received from the Governor, the General Assembly shall appropriate moneys for the payment of interest on these bonds and the principal thereof at maturity. All moneys paid into the Local Criminal Justice Sinking Fund and all of such moneys not necessary to pay accruing interest shall be invested by the Board of Finance and Revenue in such securities as are provided by law for the investment of the sinking funds of the Commonwealth.

Section 710. Expenses of preparation, issue and sale of bonds.

There is hereby appropriated to the State Treasurer, from the proceeds of the bonds issued, as much of the moneys as may be necessary for all costs and expenses in connection with the issue of and sale and registration of bonds in connection with this chapter.

Section 711. Temporary financing authorization.

(a) Temporary borrowing.--Pending the issuance of bonds of the Commonwealth, the Governor, the Auditor General and the State Treasurer are authorized, on the credit of the Commonwealth, to make temporary borrowings of such moneys as may from time to time be necessary to carry out the purposes of this chapter and are authorized in the name and on behalf of the Commonwealth to enter into loan or credit agreements with any banks or trust companies or other lending institutions or persons in the United States having power to enter into the same.

(b) Form.--All temporary borrowings made under the authority of this section shall be evidenced by notes of the Commonwealth, which shall be issued from time to time for such amounts, not exceeding in the aggregate the sum of $200,000,000, in such form and in such denominations, and subject to such terms and conditions of issue, prepayment or redemption and maturity, rate of interest and time of payment of interest as the issuing officials shall direct. All notes issued under the authority of this section shall bear the facsimile signatures of the issuing officials and a facsimile of the Great Seal of the Commonwealth and shall be countersigned by two duly authorized officers of a duly authorized loan and transfer agent of the Commonwealth.

(c) Funding and retirement.--All notes under this section shall be funded and retired by the issuance and sale of bonds of the Commonwealth to the extent that payment of these notes has not otherwise been made or provided for.

(d) Proceeds.--The proceeds of all temporary borrowings under this section shall be paid into the Local Criminal Justice Fund.

Section 712. Quorum.

Whenever in this chapter any action is to be taken or any decision is to be made by the Governor, the Auditor General and the State Treasurer, and the three officers are not able to agree unanimously, the action or decision of the Governor and either the Auditor General or the State Treasurer shall be binding and final.

Section 713. Information to General Assembly.

It shall be the duty of the Governor to include in every budget submitted to the General Assembly full information relating to the issuance of bonds under the provisions of this chapter and the status of the sinking funds of the Commonwealth for the payment of the interest on those bonds and the principal thereof at maturity.

Section 714. Grants to counties.

The department shall, by regulation, establish procedures to implement the purposes of this chapter and to make grants to counties for the repair, expansion, construction, reconstruction, rehabilitation and improvement of local correctional facilities or multicounty regional prison facilities or the purchase of electronic monitoring equipment for alternative sentencing programs. These procedures shall include, at a minimum, the following:

(1) Applications shall be made to the department by the county or counties requesting the grant.

(2) Any grant approved by the department must be matched by funding in a like amount by the county from county funds, except that, if any Federal funding should become available for the construction of local correctional facilities, then both the department and county shares shall be reduced in like proportion.

(3) Grants shall be available only for the repair, expansion, construction, reconstruction, rehabilitation and improvement of local correctional facilities or multicounty regional prison facilities or the purchase of electronic monitoring equipment for alternative sentencing programs.

(4) Priority in the grant process shall be given to those counties which have expanded their prison facilities within five years of the date of the application and which are presently at or exceeding 115% of rated capacity. Under no circumstances shall any such grant exceed $1,000,000.

Section 715. Multicounty regional prison facilities.

(a) Authorization to counties.--Any county or counties or any county authority created pursuant to the act of May 2, 1945 (P.L.382, No.164), known as the Municipality Authorities Act of 1945, are authorized to acquire, hold, construct, finance, improve, maintain, operate, own or lease, either in the capacity of lessor or lessee, any county or multicounty regional prison facility for the purpose of incarcerating their own inmates and inmates of other counties. A county or multicounty regional prison facility may also house Commonwealth inmates.

(b) Prison services contracts.--The Commonwealth and any county may enter into contracts with any county or multicounty regional prison facility authorized under subsection (a) for the incarceration of State or county inmates and all services necessary, appropriate or incident to the housing and care of such inmates.

Section 716. Appropriation.

(a) Appropriation to fund.--The sum of $200,000,000, or as much thereof as is able to be borrowed by temporary financing or by bonds, is hereby appropriated to the Local Criminal Justice Fund for the purposes set forth in this chapter. The General Assembly may make appropriations from time to time to the Local Criminal Justice Fund or to the department to carry out the purposes of this chapter, which appropriations shall be continuing appropriations and shall not lapse.

(b) Other sources of funds.--In addition to the moneys appropriated from time to time by the General Assembly for its work, the department is authorized to make application for and expend such Federal grants as may be available and may also receive and expend contributions from other public, quasi-public or private sources as may become available.

CHAPTER 9

CONSTRUCTION OF NEW PRISON

(Ch. repealed Aug. 11, 2009, P.L.147, No.33)

Section 901. Total authorization (Repealed Aug. 11, 2009, P.L.147, No.33).

Section 902. Itemization of public improvement project (Repealed Aug. 11, 2009, P.L.147, No.33).

Section 903. Debt authorization (Repealed Aug. 11, 2009, P.L.147, No.33).

Section 904. Issue of bonds (Repealed Aug. 11, 2009, P.L.147, No.33).

Section 905. Estimated useful life and term of debt (Repealed Aug. 11, 2009, P.L.147, No.33).

Section 906. Appropriation (Repealed Aug. 11, 2009, P.L.147, No.33).

Section 907. Federal funds (Repealed Aug. 11, 2009, P.L.147, No.33).

CHAPTER 11

MULTICOUNTY REGIONAL PRISON FACILITIES

(Ch. repealed Aug. 11, 2009, P.L.147, No.33)

Section 1101. Authorization (Repealed Aug. 11, 2009, P.L.147, No.33).

Section 1102. Prison services contracts (Repealed Aug. 11, 2009, P.L.147, No.33).

CHAPTER 13

MISCELLANEOUS PROVISIONS

Section 1301. Military installation limitation.

For the projects itemized in this act, civilian prisoners, either pending trial or appeal or after sentencing, shall not be incarcerated at any military reservation, base or facility, whether owned by the Federal or State Government, on a temporary or permanent basis.

Section 1302. Repeals.

The act of December 21, 1989 (P.L.683, No.89), entitled "An act providing for capital projects for the Department of Corrections; providing for the issuance of bonds; and making an appropriation," is repealed.

Section 1303. Retroactivity.

The provisions of Chapter 5 and section 714 of this act shall be retroactive to December 21, 1989.

Section 1304. Effective date.

This act shall take effect immediately.