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PENNSYLVANIA CONSOLIDATED STATUTES
TITLE 42. JUDICIARY AND JUDICIAL PROCEDURE
PART VIII. CRIMINAL PROCEEDINGS
CHAPTER 97. SENTENCING
SUBCHAPTER E. IMPOSITION OF SENTENCE
Date:
08/31/2009
Document:
§ 9764. Information required upon commitment and subsequent disposition
(a) GENERAL RULE.-- Upon commitment of an inmate to the custody of the Department of Corrections, the sheriff or transporting official shall provide to the institution's records officer or duty officer, in addition to a copy of the court commitment form DC-300B generated from the Common Pleas Criminal Court Case Management System of the unified judicial system, the following information:
(1) Record of adjustment in the county correctional facility,
including, but not limited to, misconducts and escape history.
(2) Any current medical or psychological condition requiring treatment,
including, but not limited to, suicide attempts.
(3) All medical records of the county correctional institution relating
to the inmate to the extent that those records may be disclosed under
Federal and State law. The records shall include admission testing
performed by the county and the results of those tests and any testing
related to hepatitis, HIV/AIDS, tuberculosis or other infectious
disease testing.
(4) Notice of current or previously administered medications.
(5) A 48-hour supply of current medications.
(6) A written statement by the county correctional institution relating
to any sentencing credit to which the inmate may be entitled.
(7) A written statement by the county correctional institution setting
forth all of the following:
(i) The dates on which the inmate was incarcerated.
(ii) The charges pending against the inmate with the offense tracking
number.
(iii) The date on which the inmate was released on bail, if any, and
a copy of the bail order.
(8) A copy of the sentencing order and any detainers filed against the
inmate which the county has notice.
(b) ADDITIONAL INFORMATION.-- Within ten days from the date sentence is imposed, the court shall provide to the county correctional facility the following information pertaining to the inmate:
(1) A copy of the presentence investigation report. Where a
presentence investigation report was not ordered by the court, the
official version of the crime for which the inmate was convicted or a
copy of the guilty plea transcript or preliminary hearing transcript.
(2) The criminal complaint or affidavit of probable cause accompanying
the arrest warrant.
(3) Deleted by 2008, Sept. 25, P.L. 1026, No. 81, § 8, effective in 60
days [Nov. 24, 2008].
(4) A copy of the completed guideline sentence form.
(5) All of the following:
(i) A written, sealed sentencing order from the county.
(ii) The sentencing colloquy sealed by the court.
(iii) Court commitment orders.
(iv) The Court Commitment Form DC-300B generated from the Common
Pleas Criminal Court Case Management System of the unified judicial
system.
(v) Any detainers filed against the inmate of which the county has
notice.
(c) TRANSMITTAL OF ADDITIONAL INMATE DOCUMENTATION.-- If a document provided by the court under subsection (b) is received by the county correctional institution after the inmate is transferred to the custody of the Department of Corrections, the document shall be transmitted to the Department of Corrections within 20 calendar days of its receipt.
(C.1) IMPLEMENTATION.--
(1) The Department of Corrections may refuse to accept custody of an
inmate for whom the sheriff or transporting official does not provide
the information under subsection (a) under the following circumstances:
(i) The county correctional facility has a pattern or practice of not
providing the information mandated under this section.
(ii) The Department of Corrections has previously notified the chief
administrator of the county correctional facility, the county
commissioners, the county sheriff and the president judge of the
county of the specific deficiencies that constitute a pattern or
practice.
(iii) The Department of Corrections has provided the county with a
reasonable period of time to provide the documentation.
(iv) The Department of Corrections has notified the officials
designated under subparagraph (ii) of the intent to refuse to accept
inmates without documentation as of a specified date that shall be no
sooner than 30 days after the service of the notification.
(2) In cases of a refusal to accept custody of an inmate under this
subsection, the sheriff or transporting official shall return the
inmate to the sending county correctional institution, which shall
accept custody of the inmate. The inmate may be recommitted to the
custody of the Department of Corrections upon provision of the
documentation required under subsection (a).
(3) The Department of Corrections, board and a county correctional
facility shall not be liable for compensatory, punitive or other
damages for relying in good faith on any sentencing order or court
commitment form DC-300B generated from the Common Pleas Criminal Court
Case Management System of the unified judicial system or otherwise
transmitted to them.
(C.2) EFFECT OF ELECTRONIC TRANSFER OF INFORMATION.-- Notwithstanding any electronic transfer of information which may occur, the Department of Corrections, in its discretion, may require actual sealed court orders to the extent that they relate to the commitment, term of sentence or other matter that may affect the fact or duration of confinement.
(d) TRANSFER TO COUNTY FACILITY.-- Upon transfer of an inmate from a State correctional institution to a county correctional facility, the Department of Corrections shall provide to the county facility, unless the facility prior to the time of transfer agrees to accept the inmate without the information, the record of the inmate's institutional adjustment, including, but not limited to, misconducts and/or escape history, and written notice of any current medical or psychological condition requiring treatment, including, but not limited to, suicide attempts, notice of current or previously ordered medication and a 48-hour supply of current medication.
(e) RELEASE BY DEPARTMENT OF CORRECTIONS.-- Prior to the release of an inmate from the Department of Corrections to State parole supervision, the Department of Corrections shall provide to the Board of Probation and Parole the information contained in subsections (a)(1) and (2) and (b).
(f) RELEASE FROM COUNTY CORRECTIONAL FACILITY TO STATE PROBATION OR PAROLE.--
(1) Prior to the release of an inmate from a county correctional
facility to State probation or parole supervision, the facility shall
provide to the Board of Probation and Parole the information contained
in subsections (a)(1) through (4) and (b).
(2) Prior to the release of an inmate from a county correctional
facility to State probation or parole supervision, the facility shall
provide to the inmate his current medications as prescribed and any
customary and necessary medical supplies as determined by the
prescribing physician.
(g) RELEASE FROM COUNTY CORRECTIONAL FACILITY TO COUNTY PROBATION OR PAROLE.--
(1) Prior to the release of an inmate from a county correctional
facility to county probation or parole supervision, the facility shall
provide to the county probation department the information contained in
subsections (a)(1) through (4) and (b).
(2) Prior to the release of an inmate from a county correctional
facility to county probation or parole supervision, the facility shall
provide to the inmate his current medications as prescribed and any
customary and necessary medical supplies as determined by the
prescribing physician.
(h) RECORD OF INMATE MONEYS.-- Prior to the release of an inmate from the Department of Corrections to State parole supervision, the department shall provide to the Board of Probation and Parole a record of any moneys paid by the inmate and any balance remaining towards satisfaction of restitution or any other court-ordered financial obligations. Prior to the release of an inmate from a county correctional facility to State parole supervision, the county correctional facility shall provide to the Board of Probation and Parole a record of any moneys paid by the inmate and any balance remaining towards the satisfaction of restitution or any other court-ordered financial obligations. Prior to the release of an inmate from a county correctional facility to county parole supervision, the facility shall provide to the county probation department or other agent designated by the county commissioners of the county with the approval of the president judge of the county a record of any moneys paid by the inmate and any remaining balance towards the satisfaction of restitution and any other court-ordered financial obligations.
(i) CONTINUING PAYMENTS.-- The Board of Probation and Parole shall require as a condition of parole that any inmate released to their supervision shall make continuing payments on restitution or any other court-ordered financial obligations. The sentencing court shall require as a condition of county parole that any inmate released to the supervision of the county probation department shall make continuing payments of restitution or any other court-ordered financial obligations.
(j) RELEASE AFTER MAXIMUM SENTENCE.-- Upon release of an inmate from the Department of Corrections at the expiration of his maximum sentence, the Department of Corrections shall transmit to the county probation department or other agent designated by the county commissioners of the county with the approval of the president judge of the county in which the inmate was convicted a record of any moneys paid by the inmate and any outstanding amounts owed by the inmate towards satisfaction of restitution or any other court-ordered financial obligations.
(k) PROCEDURES.-- The Department of Corrections and the Pennsylvania Board of Probation and Parole shall develop procedures to implement the provisions of this section.
(l) APPLICATION.-- This section shall apply to offenders transferred to or released from a State or county correctional facility after the effective date of this section.
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