SECOND CLASS COUNTY PRISON BOARD ACT - REPEALED — 1980 Pa. Act 208 (historical enacted text)

Historical Act text

SENATE AMENDED
PRIOR PRINTER'S NOS. 1551, 1918, 4049 PRINTER'S NO. 4054
INTRODUCED BY MESSRS. RHODES, CESSAR, IRVIS, ITKIN, KNIGHT,
SEVENTY, PISTELLA, MURPHY, DAWIDA, MICHLOVIC, KNEPPER,
AUSTIN, TADDONIO, POTT, McVERRY, GOEBEL, D. M. FISHER,
ZORD AND GAMBLE, MAY 22, 1979
AS AMENDED ON THIRD CONSIDERATION, IN SENATE,
NOVEMBER 18, 1980
AN ACT
1 Establishing a county prison board for any county of the second
2 class and providing for the powers and duties thereof.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the "Second Class
7 County Prison Board Act."
8 Section 2. Definitions.
9 The following words and phrases when used in this act shall
10 have, unless the context clearly indicates otherwise, the
11 meanings given to them in this section:
12 "Board." The county prison board of a second class county.
13 Section 3. Establishment and composition.
14 (a) Establishment.--There is hereby established a county
15 prison board in any county of the second class which shall be
16 named the " County Prison Board."
1 (b) Composition.--The board shall be composed of:
2 (1) The county commissioners.
3 (2) The president judge of the court of common pleas of <--
4 the county or another judge of the same court of common pleas
5 who is designated by the president judge.
6 (2) THREE JUDGES OF THE COURT OF COMMON PLEAS, ONE OF <--
7 WHOM SHALL BE THE PRESIDENT JUDGE, OR HIS DESIGNEE WHO SHALL
8 BE A JUDGE, AND TWO JUDGES APPOINTED BY THE PRESIDENT JUDGE.
9 (3) The county sheriff.
10 (4) The county controller.
11 (5) The mayor of any city of the second class situate
12 within the county.
13 (6) Four TWO citizen members as provided in subsection <--
14 (c).
15 (c) Citizen members.--The four TWO citizen members shall not <--
16 be employees of the county or of the Commonwealth. They shall
17 serve for a term of three years, and shall be representative of
18 the broad segments of the county's population and shall include
19 persons whose background and experience indicate that they are
20 qualified to act in the interest of the public. Two THE citizen <--
21 members shall be appointed by the chairman of the county
22 commissioners. and two shall be appointed by the president judge <--
23 of the court of common pleas.
24 Section 4. Powers and duties.
25 (a) General rule.--The board's administrative powers and
26 duties shall include the operation and maintenance of the
27 prison, the safekeeping of inmates and the employment of a
28 warden.
29 (b) Living conditions.--The board shall insure that the
30 living conditions within the prison are healthful and otherwise
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1 adequate.
2 (c) Inspection.--The board shall, at least twice each year,
3 conduct an unannounced inspection of the prison's physical
4 plant. During such inspections the board shall interview a
5 cross-section of inmates, out of the presence of the warden and
6 his agents, to determine the conditions within the prison. After
7 each inspection, the board shall prepare a written report
8 setting forth its findings and determinations which shall be
9 available for public inspection.
10 (d) Compliance with laws and regulations.--The board shall
11 insure that the prison is being operated in accordance with its
12 regulations, the laws and regulations of the Commonwealth and of
13 the United States.
14 (e) Investigations.--The board shall investigate allegations
15 of inadequate prison conditions and improper practices occurring
16 within the prison and may make such other investigations or
17 reviews of prison operation and maintenance. The books, papers
18 and records of the prison, including but not limited to, the
19 papers and records of the warden and those relating to
20 individual inmates, shall at all times be available for
21 inspection by the board.
22 Section 5. Rules and regulations.
23 The board shall, in the manner provided by law, promulgate
24 such rules, regulations and forms it deems necessary for the
25 proper administration of the board and for the operation of the
26 prison.
27 Section 6. Warden.
28 (a) Appointment.--The board shall appoint a warden to serve
29 at its pleasure and shall fix his salary.
30 (b) Employees.--Subject to the board's approval, the warden
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1 shall employ such deputies, assistants and other personnel
2 required to adequately operate the prison.
3 (c) Annual report.--The warden shall submit an annual
4 written report to the board which shall contain information on
5 the population, conditions and practices in the prison, and
6 other matters as specified by the board. The annual report shall
7 be available for public inspection.
8 Section 7. Board meetings.
9 The board shall meet at least once each month and shall keep
10 regular minutes of its proceedings which shall be open to public
11 inspection.
12 Section 8. Contracts and purchases.
13 All expenditures, required for the maintenance and support of
14 the prisoners, the repairs and improvement of said prison, shall
15 be paid from the county treasury, by warrants, drawn in the
16 manner provided by law, on the regular appropriation for the
17 purpose. All contracts involving an expenditure exceeding $100
18 shall be in writing and shall immediately after their execution
19 be filed with the controller of the county. No contracts shall
20 be made, nor the payment thereof be certified by the controller,
21 for over $2,500, unless made with the lowest and best bidder
22 after due notice to be published by the controller, if he
23 approved the purpose of the proposals invited. All purchases of
24 materials and supplies shall be made through the purchasing
25 department of the county, and all bids shall be received by the
26 controller under seal and shall be opened in his presence by the
27 board and the contracts awarded thereof. The controller shall
28 keep a record of all such awards and shall certify no warrant
29 for contracts not made agreeable thereto.
30 Section 9. Transition provisions.
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1 (a) Certain boards abolished.--Any board of prison
2 inspectors or board of managers of prisons or workhouses are
3 hereby abolished on the effective date of this act.
4 (b) Books and records.--All books, papers and records of
5 these boards shall be transferred to the county prison board.
6 (c) Property and contracts.--The county prison board shall
7 assume ownership of all real and personal property owned by the
8 boards abolished in subsection (a) and shall assume all rights,
9 duties and obligations of any contract entered into by the
10 abolished boards.
11 Section 10. Repeals.
12 (a) Specific repeals.--The following acts and supplements to
13 acts are hereby repealed absolutely:
14 Act of March 23, 1865 (P.L.607, No.599), entitled "An act for
15 the better management of the Allegheny county prison."
16 Act of February 1, 1866 (P.L.8, No.11), entitled "A
17 supplement to an act, entitled 'An Act for the better management
18 of the Allegheny county prison,' approved the twenty-third day
19 of March, Anno Domini one thousand eight hundred and sixty-
20 five."
21 Act of April 4, 1868 (P.L.691, No.640), entitled "A
22 supplement to an act, entitled 'A supplement to an act for the
23 better management of the Allegheny county prison,' approved the
24 first day of February, eighteen hundred and sixty-six."
25 Act of January 28, 1870 (P.L.94, No.71), entitled "A
26 supplement to an act, entitled 'A supplement to an act for the
27 better management of Allegheny county prison,' approved the
28 first day of February, Anno Domini one thousand eight hundred
29 and sixty-six."
30 Act of February 14, 1871 (P.L.53, No.58), entitled "An act
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1 supplementary to an act, entitled 'A supplement to an act for
2 the better management of Allegheny county prison,' approved the
3 first day of February, Anno Domini one thousand eight hundred
4 and sixty-six."
5 Act of March 8, 1871 (P.L.184, No.192), entitled "A
6 supplement to an act, entitled 'A supplement to an act for the
7 better management of the Allegheny county prison,' approved the
8 first day of February, Anno Domini one thousand eight hundred
9 and sixty-six."
10 Act of March 23, 1872 (P.L.559, No.517), entitled "A
11 supplement to an act, entitled 'A supplement to an act for the
12 better management of the Allegheny County prison,' approved the
13 first day of February, one thousand eight hundred and sixty-
14 six."
15 Act of April 1, 1873 (P.L.470, No.492), entitled "A
16 supplement to an act, entitled 'A supplement to an act for the
17 better management of the Allegheny county prison,' approved the
18 first day of February, Anno Domini one thousand eight hundred
19 and sixty-six."
20 Act of August 5, 1941 (P.L.829, No.307), entitled "An act to
21 amend section three of the act, approved the twenty-third day of
22 March, one thousand eight hundred and sixty-five (Pamphlet Laws,
23 six hundred seven), entitled, 'An act for the better management
24 of the Allegheny county prison', by requiring all contracts
25 involving an expenditure exceeding one hundred dollars to be in
26 writing and filed with the county controller, and prohibiting
27 the making of any contract involving the expenditure of over
28 five hundred dollars unless made with the lowest and best bidder
29 after due advertising, and requiring all purchases to be made
30 through the purchasing department of the county, and providing
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1 for the opening of bids and the award of contracts."
2 Act of August 19, 1953 (P.L.1069, No.275), entitled "An act
3 to amend section 5 of the act, approved the first day of
4 February, one thousand eight hundred sixty-six (Pamphlet Laws
5 8), entitled 'A supplement to an act, entitled "An act for the
6 better management of the Allegheny county prison," approved the
7 twenty-third day of March, Anno Domini one thousand eight
8 hundred and sixty-five,' by further regulating the transfer or
9 removal of inmates from jails in Allegheny County, and further
10 providing for the transfer of mentally ill inmates to State
11 mental hospitals."
12 (b) General repeal.--All acts or parts of acts inconsistent
13 herewith are hereby repealed to the extent of the inconsistency.
14 Section 11. Effective date.
15 This act shall take effect in six months.
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