Information required upon commitment and subsequent disposition. (a) General rule.-- Upon commitment of an inmate to the custody of the Department of Corrections, the
Pennsylvania Consolidated Statutes
Section: 9764
Jurisdiction: PA
Bluebook Citation: 42 Pa. Cons. Stat. § 9764
§ 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 amendment). (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 Pennsylvania Parole
Board 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 Department of Corrections
and the Pennsylvania Parole Board the information contained in subsections (a) and
(b) with the exception of subsection (a)(5). (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 Pennsylvania Parole Board 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 Department of Corrections 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 Pennsylvania Parole Board 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 Parole Board 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. (June 18, 1998, P.L.640, No.84, eff. 120 days; Dec. 1, 2004, P.L.1778, No.233, eff.
60 days; Sept. 25, 2008, P.L.1026, No.81, eff. 60 days; Dec. 18, 2019, P.L.776, No.115,
eff. imd.; June 30, 2021, P.L.260, No.59, eff. imd.) 2021 Amendment. Act 59 amended subsecs. (e), (f), (h), (i) and (k).
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