61 Pa.C.S. Ch. 17

61 Pa.C.S. Ch. 17
in effect

61 Pa.C.S. § 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.

61 Pa.C.S. § 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.

61 Pa.C.S. § 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.

61 Pa.C.S. § 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.

61 Pa.C.S. § 1725 Rules and regulations.

The board shall, in the manner provided by law, promulgate such rules, regulations and forms it deems necessary for the proper administration of the board and for the operation of the prison and alternative housing facilities.

61 Pa.C.S. § 1726 Warden.

(a) Appointment.-- (1) The chief executive shall appoint a warden subject to confirmation by the board. The warden shall serve at the pleasure of the chief executive, who shall fix an appropriate salary. (2) The warden shall be a resident of the county six months after the date of appointment. (b) Duty to employ staff.--Subject to approval of the manager, the warden shall employ deputies, assistants and other personnel required to adequately operate the prison and alternative housing facilities. (c) Duty to report.-- (1) The warden shall submit an annual written report to the board which shall contain information on the population, conditions and practices in the prison and other matters as specified by the board. The annual report shall be available for public inspection. (2) The warden shall report to the county chief executive and to the board.

61 Pa.C.S. § 1727 Board meetings.

The board shall meet at least once each month and shall keep regular minutes of its proceedings which shall be open to public inspection.

61 Pa.C.S. § 1728 Contracts and purchases.

All contracts and purchases required for the maintenance and support of the prisoners, repairs and improvements of the prison and alternative housing facilities and materials and supplies shall be conducted in accordance with the applicable provisions of the county administrative code.

61 Pa.C.S. § 1731 Establishment.

(a) General rule.-- (1) In counties of the third, fourth and fifth class, the persons now holding the following offices and their successors in each county of the third, fourth or fifth class shall compose a board to be known as the board of inspectors of the jail or county prison. (2) The following persons shall be members of the board: (i) The president judge of the court of common pleas or a judge designated by him. (ii) The district attorney. (iii) The sheriff. (iv) The controller. (v) The county commissioners. (2.1) The members of the board under paragraph (2) may appoint not less than two and not more than four additional members to the board who must be residents of the county for which the board is established. (3) The board and the officers appointed by it shall provide for the safekeeping, discipline and employment of inmates and the government and management of the correctional institution. (4) The duty of the sheriff relating to the safekeeping of inmates shall cease and determine on their committal to the correctional institution, and the sheriff may not be furnished a residence in the correctional institution. (5) Notwithstanding the provisions of paragraph (2), the president judge may choose at any time to delete the judge position from the board by so notifying the chairperson and secretary of the board in writing. The decision to delete this position shall remain in effect for as long as the president judge making the decision shall remain as president judge and thereafter until rescinded in like fashion by a successor. (b) Counties that may elect to be subject to subchapter.--Any county of the second class A or sixth, seventh or eighth class may elect by resolution of the county commissioners to be governed by the provisions of this subchapter. (c) Counties of the second class A subject to subchapter.--A county that advances in class to become a county of the second class A on or after October 1, 2021, shall be governed by the provisions of this subchapter. (Feb. 17, 2022, P.L.50, No.13, eff. imd.; Oct. 29, 2024, P.L.1037, No.114, eff. 60 days) 2024 Amendment. Act 114 added subsec. (a)(2.1) and amended subsec. (b). 2022 Amendment. Act 13 added subsec. (c).

61 Pa.C.S. § 1732 Board meetings.

(a) Quorum.--A majority of the members of the board shall constitute a quorum for the transaction of business, and all actions of the board shall be by the approval of a majority of all the members of the board. (b) Frequency and nature of meetings.-- (1) The board shall meet monthly or, in the case of a county of the eighth class, shall meet quarterly, or more often if required, and keep regular minutes of their proceedings in a book to be filed with the financial records of the county. The board shall make such rules and regulations for the government and management of the county correctional institution and the safekeeping, discipline and employment of the inmates, as may be deemed necessary. (2) The meetings shall be held at the county correctional institution no less often than quarterly or, in a county of the eighth class, as often as determined by the board, in its discretion. (June 28, 2018, P.L.431, No.63, eff. 60 days) 2018 Amendment. Act 63 amended subsec. (b).

61 Pa.C.S. § 1733 Appointment of warden and employees.

The board shall appoint a warden of the county correctional institution. The warden, subject to the approval of the board, may appoint such deputy or deputies, assistant or assistants or corrections officers as may be required in the taking care of the county correctional institution. The number and compensation of such deputies, assistants or corrections officers shall be fixed by the county salary board.

61 Pa.C.S. § 1734 Powers of peace officers.

A chief administrator, deputy warden or corrections officer of a county correctional institution may exercise the powers of a peace officer in the performance of that person's duties generally in: (1) Guarding, protecting and delivering inmates. (2) Protecting the property and interests of the county. (3) Capturing and returning inmates that may have escaped.

61 Pa.C.S. § 1735 Expenditures.

All the expenditures required for the support and maintenance of inmates and the repairs and improvement of the county correctional institution shall be paid from the county treasury by warrants drawn, in the mode prescribed by law, on the regular appropriation for the purpose. No warrant shall be certified by the controller for any expense connected with the county correctional institution unless on vouchers approved by a majority of the board and endorsed by the president and secretary of the board, and all contracts involving an expenditure of funds from the county treasury shall be made in accordance with the procedures set forth in Article XVIII of the act of August 9, 1955 (P.L.323, No.130), known as The County Code. References in Text. The act of August 9, 1955, P.L.323, No.130, known as The County Code, referred to in this section, was repealed by the act of May 8, 2024, P.L.50, No.14. The subject matter is now contained in Chapter 151 of Title 16 (Counties).

61 Pa.C.S. § 1736 Bonding requirement.

The chief administrator of a county correctional institution, at the time of appointment, shall give bond, with good and sufficient security to be fixed and approved by the board of inspectors, for the faithful performance of the chief administrator's duty and may at any time be removed by the board for misconduct or inefficiency. All deputies, assistants or corrections officers shall also give bond if required by the board and may at any time be suspended by the chief administrator or removed by the board.

61 Pa.C.S. § 1741 Sixth, seventh and eighth class counties.

(a) Management by sheriff.--In a county of the sixth, seventh and eighth class, the government, management and control of the county prison and the safekeeping, care, maintenance, discipline and employment of the inmates therein are vested in the sheriff of the county and the officers and employees appointed by the sheriff. (b) Residence may be furnished.--The sheriff and the sheriff's family may be furnished a residence in the county prison. (c) Staffing.--The sheriff shall, from time to time, with approval of the county salary board, appoint as many corrections officers and other employees of the county prison as the salary board shall approve. The compensation of the corrections officers and other employees shall be fixed by the county salary board in the same manner as the compensation of other appointed county officers and employees.

61 Pa.C.S. § 1742 Appointment of prison commissioners.

Whenever the appointment of prison commissioners in any county having a population of more than 150,000 is by law lodged in the judges of the court of common pleas, the appointments shall, in all cases as nearly as possible, be equally divided between the two political parties polling the highest number of votes at the preceding general election.

61 Pa.C.S. § 1751 Costs of confinement.

(a) Liability of cities.-- (1) When an inmate is committed to any county correctional institution in this Commonwealth either for the nonpayment of a fine or penalty imposed for the violation of any city ordinance or while awaiting a hearing upon any charge for the violation of any city ordinance, the costs of proceedings and the expenses of maintaining the inmate during his confinement by virtue of the commitment shall be borne and paid by the city whose ordinance was alleged to have been violated or to which any such fines or penalties are payable. (2) The county in which the city is located shall not be liable to the sheriff for any such maintenance or to any officer, magistrate or person for any costs of such proceedings. (b) Nonapplicability.--This section does not apply to a city of the third class.

61 Pa.C.S. § 1752 Board of inspectors to regulate salaries of wardens and other staff.

(a) General rule.--The board of inspectors in any county where such board exists shall, from time to time, fix and change the salaries and compensation of the deputy wardens, corrections officers and other persons employed in and about the county prison. (b) Nonapplicability.--This section shall not apply to counties in which cities are coextensive with the counties.

61 Pa.C.S. § 1753 Residence of warden.

In any county where the government of the county prison is vested in a prison board, the prison board may fix the place of residence of the warden of the county prison either in the jail or elsewhere.

61 Pa.C.S. § 1754 Bonds for county prison staff in fourth class counties.

In any county of the fourth class in which there is a board of inspectors, the board shall pay out of the public moneys under its jurisdiction the premiums on all bonds of employees appointed by the board who are required to furnish bond.

61 Pa.C.S. § 1755 Property exempt from taxation.

All the property, real and personal, authorized to be held under the former act of June 26, 1895 (P.L.377, No.269), entitled "An act authorizing the erection of work-houses in the several counties of this Commonwealth," shall be exempt from taxation and from levy and sale by virtue of execution or any other process.

61 Pa.C.S. § 1756 Loss of privileges.

A chief administrator of a county correctional institution may refuse to permit a prisoner to exercise the prisoner's privilege to leave the county correctional institution for a period of not more than five days for any breach of discipline or other violation of regulations of the county correctional institution.

61 Pa.C.S. § 1757 Collection from certain inmates.

The governing body of a county correctional institution or, where applicable, the county commissioners, may, by resolution which shall establish rates and qualifications, authorize the chief administrator to collect a reasonable amount from inmates incarcerated only on weekends or other short periods each week.

61 Pa.C.S. § 1758 County recording system for pregnant and postpartum incarcerated individuals or detainees.

(a) General rule.--Each of the following shall constitute an incident that qualifies as an extraordinary occurrence that must be reported to the department in the County Extraordinary Occurrence Monthly Report in accordance with sections 5905 (relating to healthy birth for incarcerated women) and 5905.1 (relating to restrictive housing prohibited for pregnant or postpartum incarcerated individuals and detainees): (1) The application of restraints or placement in restrictive housing for a pregnant or postpartum incarcerated individual or detainee. (2) An invasive body cavity search of a pregnant or postpartum incarcerated individual or detainee or inspection of a female incarcerated individual or detainee in a state of undress. (3) The presence of male staff during labor or delivery of the pregnant incarcerated individual or detainee. (b) Information to be included in County Extraordinary Occurrence Monthly Report.-- (1) (Deleted by amendment). (2) (Deleted by amendment). (3) The report for application of restraints or placement in restrictive housing for a pregnant or postpartum incarcerated individual or detainee shall require the following information: (i) The circumstances that led to the determination that: (A) the incarcerated individual or detainee represented a substantial risk of imminent flight; or (B) other extraordinary medical or security circumstances dictated that the incarcerated individual or detainee be restrained or placed in restrictive housing to ensure the safety and security of the incarcerated individual or detainee, the staff of the correctional institution or medical facility, other incarcerated individuals or detainees or the public. (ii) The date and time restraints were applied or the restrictive housing placement occurred and the length of time the incarcerated individual or detainee was kept in restraints or restrictive housing. (iii) The badge number or identification number of the following: (A) The custodian or staff member who applied the restraints or placed the individual into restrictive housing. (B) Any superior officers approving or advising the application of restraints or placement in restrictive housing. (iv) The number and type of restraints used or the location and description of the restrictive housing. (v) Any visible injury of the incarcerated individual or detainee resulting from placement in the restraints that is documented by the correctional institution. (4) The report for an invasive body cavity search of a pregnant or postpartum incarcerated individual or detainee or inspection of a female incarcerated individual or detainee in a state of undress shall contain the following information: (i) The justification for performing a cavity search or male staff inspection of a female incarcerated individual or detainee in a state of undress. (ii) The identification of any contraband that was found on the incarcerated individual or detainee. (5) The report for the presence of male staff during labor or delivery of the pregnant incarcerated individual or detainee shall include the reasons for the presence of male staff. (6) The nonidentifying data contained in the written reports submitted to the department shall be posted annually on the publicly accessible Internet website of the department. No identifying information, such as names or dates of birth, shall be posted. (7) If a correctional institution fails to submit a report under this section within 30 days after the end of the fiscal year, the department shall obtain a certification, to be created by the department from the correctional institution verifying that the institution had zero instances of use of restraints, placement in restrictive housing or male staff presence, other than licensed medical professionals, during medical examinations or appointments of pregnant incarcerated individuals under the provisions of this section. (c) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise: "County Extraordinary Occurrence Monthly Report." A collection of statistics and other information by the department on designated report forms or by other available approved methods for the collection of such incident information under this section and in accordance with written local policy providing for the collection of population information prescribed by 37 Pa. Code 95.242 (relating to Statistical/ informational reporting). "Department." The Department of Corrections of the Commonwealth. (July 2, 2010, P.L.275, No.45, eff. 60 days; Dec. 14, 2023, P.L.396, No.47, eff. 180 days; Oct. 29, 2024, P.L.1037, No.114, eff. imd.) 2024 Amendment. Act 114 amended subsec. (b)(6) and (7). Section 8 of Act 114 provided that, with the exception of the amendment or addition of 61 Pa.C.S. § 1731(a)(2.1) and (b), Act 114 shall apply retroactively to June 11, 2024. 2023 Amendment. Act 47 amended the heading and subsecs. (a) and (b). 2010 Amendment. Act 45 added section 1758.

61 Pa.C.S. § 1761 Establishment by adjoining counties.

(a) Authority.--The county commissioners of any two or more adjoining counties may join in establishing, according to a plan, detention facilities for the confinement of persons awaiting trial or sentence on criminal charges, convicted on criminal charges or not otherwise eligible for confinement in other county correctional institutions. (b) Preapproval of plan by department.--Before establishing detention facilities, the counties shall submit their plan to the department for approval. The department may require, as a condition to approving any plan, that two or more adjoining counties join with another adjoining county to establish detention facilities.

61 Pa.C.S. § 1762 Selection of site.

Whenever the commissioners of any two or more adjoining counties decide and agree to construct a joint detention facility, they shall acquire a suitable site for the facility. The site may be selected from suitable lands already held by any county of the district for county purposes from lands donated for such purposes or any quantity of land within the respective districts. In the selection of a site, there shall be taken into consideration the objects and purposes of the joint detention center. Title to the land shall be approved by the county solicitor of the county in which the land is located, or such other title guarantee corporation or attorney as may be designated by the commissioners of the counties, and shall be taken in the name of the county or counties comprising the district. The site, before purchase, shall be approved by the department.

61 Pa.C.S. § 1763 Buildings.

After the selection and acquisition of sites, the county commissioners of the counties may erect and construct suitable and necessary buildings thereon, repair any buildings already erected and equip the sites for use and occupancy.

61 Pa.C.S. § 1764 Construction contracts.

Joint detention facilities shall be constructed by contract or contracts let by the county commissioners of the counties to the lowest responsible and best bidder after due advertisement in at least one newspaper, published in each of the counties joining in the erection of the joint detention facilities, once a week for two consecutive weeks. When so constructed, the joint detention facilities shall be equipped by the county commissioners of the counties at the cost of the counties in the same manner as other county buildings are equipped.

61 Pa.C.S. § 1765 Advisory board.

After joint detention facilities have been erected and equipped and are ready for occupancy, the president judges of the courts of common pleas of the counties joining in the construction of the joint detention facilities shall appoint an advisory board to consist of three persons from each of the counties. The president judge of each of the counties shall appoint one member of the board to serve for one year, one to serve for two years and one to serve for three years or until their successors are appointed and qualified. All appointments at the expiration of any term shall be for a term of three years.

61 Pa.C.S. § 1766 Meetings.

(a) General rule.--The advisory board shall meet at such times as it deems necessary. The board shall visit and inspect and keep in close touch with the management and operation of the joint detention facilities and shall, from time to time, make such recommendations and suggestions to the county commissioners for changes or improvements in the management and operations of the joint detention facilities as may be deemed advisable. It shall also make an annual report to the county commissioners concerning the management and operation of the joint detention facilities. (b) Administrative support.--The county commissioners shall, at the expense of the counties, provide a meeting place for the board and furnish all supplies and materials necessary to carry on its work. (c) Reimbursement of expenses.--The members of the board shall not receive any compensation for their services but shall be reimbursed for all actual and necessary expenses incurred in the discharge of their duties, which expenses shall be paid by the counties as part of the cost of maintenance of the joint detention facilities.

61 Pa.C.S. § 1767 Chief administrator and employees.

The county commissioners of the counties may, after consultation with the advisory board, employ a chief administrator and such other employees as may be necessary to conduct and manage properly the joint detention facilities and shall fix their compensation. The duties of those officers shall be prescribed by the rules and regulations of the joint detention facilities. They shall hold their offices, respectively, at the pleasure of and their compensation shall be fixed by the appointing power.

61 Pa.C.S. § 1768 Rules and regulations.

The county commissioners of the counties shall, before any inmate may be admitted to the joint detention facilities, after consulting with the advisory board, make general rules and regulations for the management of the joint detention facilities, which rules and regulations shall be effective after they are approved by the department.

61 Pa.C.S. § 1769 Initial transfer of inmates.

When, in any district formed by counties under this subchapter, the arrangements are complete for the reception of inmates, transfer of all persons who are subject to confinement as provided in this subchapter shall be made to the joint detention facilities of the district.

61 Pa.C.S. § 1770 Employment of inmates.

An inmate of a joint detention facility under the provisions of this subchapter, unless disqualified by sickness or otherwise, shall be kept at some useful employment as may be suited to the inmate's age and capacity and as may tend to promote the best interest of the inmate. If an inmate refuses to perform the work assigned to the inmate or is guilty of other acts of insubordination, the chief administrator shall punish the inmate in such manner as the rules and regulations provided for may prescribe. The chief administrator shall keep a record of and report to the advisory board all such offenses and punishments.

61 Pa.C.S. § 1771 Cost of transporting inmates.

The cost of transporting inmates committed to the joint detention facilities shall be paid by the counties, respectively, from which the inmates are committed. The sheriff of the county for inmates committed by the court and constables for inmates committed by magisterial district judges shall receive for the inmates committed to the joint detention facilities no mileage or travel expenses on writs, except the actual cost of transporting the inmates to the joint detention facilities, together with any other fees for their services allowed by law.

61 Pa.C.S. § 1772 Financial reporting.

A detailed statement of the receipt and expenditures by any county constituting a part of the district for joint detention facilities erected under the provisions of this subchapter shall be published by the county commissioners of each county or by the controller in the county. Where the report is published by the controller, it shall be included in the annual statement of the fiscal affairs of such county.

61 Pa.C.S. § 1773 Allocation of expenses to counties.

(a) General rule.--The original cost of the site and buildings of the joint detention facilities and the equipment thereof, all additions thereto and all fixed overhead charges in conducting the joint detention facilities shall be paid by the counties constituting the districts in the ratio of their population according to the last preceding United States census. (b) Inmate expense.-- (1) The cost of the care and maintenance of the inmates in the districts shall be certified monthly to the counties from which inmates have been committed. The cost shall be paid by the counties in proportion to the number of inmates committed from each county. (2) All payments shall be on warrants of the county commissioners, countersigned by the county controller in counties where that office exists.

61 Pa.C.S. § 1774 County appropriations.

The county commissioners of each county joining in establishing detention facilities as provided for in this subchapter may make appropriations or incur or increase the indebtedness of the county, in the manner provided by law, to an amount sufficient to pay its proportionate part of the cost of acquiring a site and of erecting, constructing and equipping the joint detention facilities by issuing coupon bonds at a rate of interest not exceeding 7% and payable within 30 years from the date of issue. The county commissioners of the county shall levy an annual tax in an amount necessary to pay interest and sinking fund charges upon such bonds.

61 Pa.C.S. § 1775 Exemption from taxation.

All the property, real and personal, authorized to be held by counties under this subchapter shall be exempt from taxation.

61 Pa.C.S. § 1781 Establishment by counties.

The county commissioners of any two or more counties may join in establishing a joint industrial farm and workhouse for the confinement of: (1) Persons sentenced by the courts of those counties, after conviction, of any misdemeanor or felony, except murder, voluntary manslaughter, rape and arson. (2) Persons who are in default of payment of any fine or penalty, or for nonpayment of costs, or for default in complying with any order of court entered in any prosecution for desertion or nonsupport, or for the violation of any municipal ordinance.

61 Pa.C.S. § 1782 Selection of site.

Whenever the commissioners of any two or more counties decide and agree to construct a joint industrial farm and workhouse, they shall acquire a suitable site for the same. The site may be selected from suitable lands already held by any county of the district for county purposes, from lands donated for such purposes or from any quantity of land within the respective districts. In the selection of a site, there shall be taken into consideration the objects and purposes of the joint industrial farm and workhouse and all or as many as practicable of the advantages and resources set forth in this section. The land selected and purchased shall be a varied topography, with natural resources and advantages for many forms of husbandry, fruit growing and stock raising, for brickmaking and for the preparation of all other road and paving material, and shall have good railroad, drainage, sewage and water facilities. Title to the land shall be approved by the county solicitor of the county in which the land is located or such other title guarantee corporation or attorney as may be designated by the commissioners of the counties and shall be taken in the name of the county or counties comprising the district.

61 Pa.C.S. § 1783 Buildings.

After the selection and acquisition of the sites, the county commissioners of the counties may erect and construct suitable and necessary buildings thereon, repair any buildings already erected and equip the buildings for use and occupancy. All buildings constructed in pursuance of this subchapter shall be plain and inexpensive in character. The labor in constructing such buildings and improvements and facilities shall be supplied by the persons committed to county correctional institutions in the counties or transferred thereto from any county correctional institution, so far as found practicable.

61 Pa.C.S. § 1784 Construction contracts.

Joint industrial farm and workhouse buildings shall be constructed by contract or contracts let by the county commissioners of the counties to the lowest responsible and best bidder, after due advertisement in at least one newspaper, published in each of the counties joining in the erection of the joint industrial farm and workhouse, once a week for four consecutive weeks. When so constructed, the joint industrial farm and workhouse buildings shall be equipped by the county commissioners of the counties at the cost of the counties in the same manner as other county buildings are equipped.

61 Pa.C.S. § 1785 Advisory board.

After a joint industrial farm and workhouse has been erected and equipped and is ready for occupancy, the president judges of the courts of common pleas of the counties joining in the construction of the joint industrial farm and workhouse shall appoint an advisory board to consist of three persons from each of the counties. The president judge of each of the counties shall appoint one member of the board to serve for one year, one to serve for two years and one to serve for three years or until their successors are appointed and qualified. All appointments at the expiration of any term shall be for a term of three years.

61 Pa.C.S. § 1786 Meetings.

(a) General rule.--The advisory board shall meet monthly and at such other times as may be deemed necessary. The board shall visit and inspect and keep in close touch with the management and operation of the joint industrial farm and workhouse and shall, from time to time, make such recommendations and suggestions to the county commissioners for changes or improvements in the management and operations of the joint industrial farm and workhouse as may be deemed advisable. It shall also make an annual report to the county commissioners concerning the management and operation of the industrial farm and workhouse. (b) Administrative support.--The county commissioners shall, at the expense of the counties, provide a meeting place for the board and furnish all supplies and materials necessary to carry on its work. (c) Reimbursement of expenses.--The members of the board shall not receive any compensation for their services but shall be allowed all actual and necessary expenses incurred in the discharge of their duties, which shall be paid by the counties as part of the cost of maintenance of the joint industrial farm and workhouse.

61 Pa.C.S. § 1787 Chief administrator and employees.

The county commissioners of the counties may, after consultation with the advisory board, employ a chief administrator and such other employees as may be necessary to conduct and manage properly the joint industrial farm and workhouse and shall fix their compensation. The duties of those officers shall be prescribed by the rules and regulations of the joint industrial farm and workhouse.

61 Pa.C.S. § 1788 Rules and regulations.

The county commissioners of the counties shall, before any inmate may be admitted to the joint industrial farm and workhouse, after consulting with the advisory board, make general rules and regulations for the management of the joint industrial farm and workhouse.

61 Pa.C.S. § 1789 Initial transfer of inmates.

(a) General rule.--When, in any district formed by the counties, the arrangements are complete for the reception of inmates, transfer shall be made from the county correctional institutions to the joint industrial farm and workhouse of the district of all persons: (1) Who have been sentenced to any of the county correctional institutions for any misdemeanor or felony, except murder, voluntary manslaughter, rape and arson. (2) Who have been committed to any of the county correctional institutions in default of payment of any fine or penalty, or for nonpayment of costs, or for default in complying with any order of court entered in any prosecution for desertion or nonsupport. (3) Legally confined in any of the county correctional institutions, except those that are confined awaiting trial or held as material witnesses. (b) Persons eligible to become inmates.-- (1) When any person is convicted in any court in any county of any offense classified as a misdemeanor or felony, except murder, voluntary manslaughter, rape and arson, the punishment of which is or may be imprisonment in any county correctional institution for a period of ten days or more, the court may sentence such person to a joint industrial farm and workhouse of the Commonwealth. (2) Courts of record and courts not of record of any county in this Commonwealth may commit to the joint industrial farm and workhouse all persons who might be lawfully committed to the county correctional institution on charges of vagrancy, drunkenness or disorderly conduct, for default or nonpayment of any costs, fine or penalty, for default in complying with any order of court entered in any prosecution for desertion or nonsupport or for violations of municipal ordinances, where, in any such case, the commitment will be for a period of ten days or more. (c) Existing county correctional institutions.--The existing county correctional institutions may be retained to confine persons awaiting trial, held as material witnesses or sentenced for a period of less than ten days, and such number of other convicted persons as may be required to perform the necessary institutional maintenance work. (d) Clothing and treatment.--All inmates shall be clothed and treated as provided for in this subchapter and in the rules and regulations of the joint industrial farm and workhouse.

61 Pa.C.S. § 1790 Employment of inmates.

(a) General rule.--An inmate committed to a joint industrial farm and workhouse under the provisions of this subchapter, unless disqualified by sickness or otherwise, shall be kept at some useful employment as may be suited to the inmate's age and capacity and as may be most profitable to the joint industrial farm and workhouse and tend to promote the best interest of the inmate. If an inmate refuses to perform the work assigned to the inmate or is guilty of other acts of insubordination, the chief administrator shall punish the inmate in such manner as the rules and regulations provided for may prescribe. The chief administrator shall keep a record of and report to the advisory board all such offenses and punishments. (b) Pay schedule and inmate accounts.--All inmates shall receive compensation for their work. (1) Those inmates employed on institutional maintenance and nonproductive labor shall receive not more than 20¢ per day and not less than 10¢ per day. (2) Those inmates employed on productive work shall receive not more than 50¢ per day and not less than 20¢ per day. (3) The earnings of an inmate shall be credited to the inmate's account, and disbursements made on approval of the chief administrator of the institution and the written order of the inmate, except, when an inmate is committed for nonsupport, the court which sentenced the prisoner shall order payment of the earnings. At time of release or discharge, the inmate shall receive all moneys remaining in the inmate's account and give receipt for the same.

61 Pa.C.S. § 1791 Cost of transporting inmates.

(a) General rule.--The cost of transporting inmates committed to the joint industrial farms and workhouses shall be paid by the counties, respectively, from which the inmates are committed. The sheriff of the county for inmates committed by the court and constables for inmates committed by magisterial district judges shall receive for the inmates committed to the joint industrial farm and workhouse no mileage or travel expenses on writs, except the actual cost of transporting the inmates so committed to the joint industrial farm and workhouse, together with any other fees for their services allowed by law. (b) Railroad ticket upon discharge.--When an inmate is discharged from a joint industrial farm and workhouse, the chief administrator thereof shall procure for the inmate a railroad ticket to any point to which the inmate may desire to go, not farther from the joint industrial farm and workhouse than the point from which the inmate was sentenced.

61 Pa.C.S. § 1792 Nature of inmate employment.

A joint industrial farm and workhouse shall employ the inmates committed or transferred thereto in work on or about the buildings and farm and in growing produce, raising stock, etc., for supplies for its own use, the use of the several city and county or county correctional institutions in the district, any political division thereof or any public or charitable institution owned or managed and directed by the counties constituting the district or any political division thereof. Inmates may also be employed in the preparation of road material, in making brick, tile and concrete or other road building material and in the manufacture of other products and materials as may be found practicable for the use of any of the counties constituting the district and for the proper and healthful employment of the inmates.

61 Pa.C.S. § 1793 Sale of goods and materials.

All road material, brick, tile, concrete and other goods and materials prepared or made at a joint industrial farm and workhouse that are not needed for the purposes of the joint industrial farm and workhouse shall be offered for sale at a price to be fixed by the commissioners of the district. In offering such material for sale, preference shall be given to the counties forming the district of the joint industrial farm and workhouse and to the cities, boroughs and townships in the joint district. All moneys so received shall be applied toward paying the overhead expenses of the joint industrial farm and workhouse.

61 Pa.C.S. § 1794 Financial reporting.

A detailed statement of the receipts and expenditures by any county constituting a part of the district for a joint industrial farm and workhouse erected under the provisions of this subchapter shall be published by the county commissioners of each county or by the controller in the county. Where the report is published by the controller, it shall be included in the annual statement of the fiscal affairs of the county.

61 Pa.C.S. § 1795 Allocation of expenses to counties.

(a) General rule.--The original cost of the site and buildings of the joint industrial farm and workhouse, the equipment thereof, all additions thereto and all fixed overhead charges in conducting the joint industrial farm and workhouse shall be paid by the counties constituting the districts in the ratio of their population according to the last preceding United States census. (b) Inmate expense.--The cost of the care and maintenance of the inmates shall be certified monthly to the counties from which inmates have been committed. The cost shall be paid by the counties in proportion to the number of inmates committed from each county. All payments shall be on warrants of the county commissioners, countersigned by the county controller in counties where a county controller exists.

61 Pa.C.S. § 1796 Borrowing authorized.

The county commissioners of each county joining in establishing a joint industrial farm and workhouse, as provided for in this subchapter, may incur or increase the indebtedness of the county, in the manner provided by law, to an amount sufficient to pay its proportionate part of the cost of acquiring a site and of erecting, constructing and equipping the joint industrial farm and workhouse by issuing coupon bonds at a rate of interest not exceeding 6% and payable within 30 years from the date of issue. The county commissioners of the county shall levy an annual tax in an amount necessary to pay interest and sinking fund charges upon the bonds.

61 Pa.C.S. § 1797 Exemption from taxation.

All the property, real and personal, authorized to be held under this subchapter shall be exempt from taxation.

61 Pa.C.S. § 1798 Nonapplicability.

This subchapter does not apply to cities and counties of the first class.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=61Fetched: 10/16/2026

Starting a business in Pennsylvania? Pennsylvania LLC guide: costs and requirements