2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 97 - Sentencing
9764 - Information required upon commitment and subsequent disposition.

     § 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 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.
     (June 18, 1998, P.L.640, No.84, eff. 120 days; Dec. 1, 2004,
     P.L.1778, No.233, eff. 60 days;3 Sept. 25, 2008, P.L.1026,
     No.81, eff. 60 days)