2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 97 - Sentencing
9777 - Transfer of inmates in need of medical treatment.

     § 9777.  Transfer of inmates in need of medical treatment.
        (a)  Inmates committed to custody of department.--If an
     inmate is committed to the custody of the department, the
     department, the inmate or a person to whom the court grants
     standing to act on behalf of the inmate may petition the
     sentencing court to temporarily defer service of the sentence of
     confinement and temporarily remove the inmate committed to the
     custody of the department, or other facility, for placement in a
     hospital, long-term care nursing facility or hospice care
     location. The following shall apply:
            (1)  The sentencing court may approve the petitioner's
        request to temporarily defer service of the sentence of
        confinement and place the inmate in a hospital or long-term
        care nursing facility under electronic monitoring by the
        department upon clear and convincing proof that all of the
        following apply:
                (i)  The medical needs of the inmate can be more
            appropriately addressed in the hospital or long-term care
            nursing facility.
                (ii)  The hospital or long-term care nursing facility
            requested by the petitioner has agreed to accept the
            placement of the inmate and to provide necessary medical
            care.
                (iii)  The inmate is seriously ill and is expected by
            a treating physician to not live for more than one year.
                (iv)  There are no writs filed or detainers lodged
            against the inmate and the inmate is not subject to any
            court order requiring the inmate's presence.
                (v)  The placement in the hospital or long-term care
            nursing facility does not pose an undue risk of escape or
            danger to the community. In making this determination,
            the sentencing court shall consider the inmate's
            institutional conduct record, whether the inmate was ever
            convicted of a crime of violence, the length of time that
            the inmate has been imprisoned and any other factors the
            sentencing court deems relevant.
                (vi)  The hospital or long-term care nursing facility
            has agreed to notify the department and the court of any
            material changes in the health status of the inmate, the
            nature of the care provided or other information required
            by the department.
                (vii)  Each agency representing the Commonwealth at a
            proceeding which resulted in an order committing or
            detaining the inmate, the State or local correctional
            facility housing the inmate and any registered crime
            victim have been given notice and an opportunity to be
            heard on the petition.
            (2)  The sentencing court may approve the petitioner's
        request to temporarily defer service of the sentence of
        confinement in order for the inmate to receive care from a
        licensed hospice care provider, proposed by the petitioner
        and subject to electronic monitoring by the department, if
        all of the following are established by clear and convincing
        proof:
                (i)  The inmate is terminally ill, not ambulatory and
            likely to die in the near future.
                (ii)  The licensed hospice care provider can provide
            the inmate with more appropriate care.
                (iii)  Appropriate medical care and palliative and
            supportive services will be provided by the licensed
            hospice care provider at the proposed hospice care
            location.
                (iv)  The placement of the inmate in the proposed,
            licensed hospice care location does not pose an undue
            risk of escape or danger to the community. In making this
            determination, the sentencing court shall consider the
            inmate's institutional conduct record, whether the inmate
            was ever convicted of a crime of violence, the length of
            time that the inmate has been imprisoned and any other
            factors the sentencing court deems relevant.
                (v)  The licensed hospice care provider has agreed to
            notify the department and the sentencing court of any
            material changes in the health status of the inmate, the
            nature of the hospice care provided or other information
            required by the department or the sentencing court.
                (vi)  Each agency representing the Commonwealth at a
            proceeding which resulted in an order committing or
            detaining the inmate, the State or local correctional
            facility housing the inmate and any registered crime
            victim have been given notice and an opportunity to be
            heard on the petition.
            (3)  Any order entered pursuant to this subsection
        temporarily deferring service of an inmate's sentence of
        confinement shall include a provision that the department or
        prosecuting attorney may at any time petition the sentencing
        court for an order directing that the inmate be recommitted
        to the custody of the department if the circumstances under
        which the inmate was released change or for any previously
        unknown circumstances, including a change in the inmate's
        medical status, the inmate's risk of escape, the inmate's
        danger to the community or the nature of the medical or other
        care provided by the hospital, long-term care nursing
        facility or hospice care provider.
            (4)  The sentencing court may terminate at any time its
        order authorizing the temporary deferral of the service of an
        inmate's sentence of confinement entered pursuant to this
        subsection. An inmate taken into custody pursuant to an order
        directing the inmate's detention or recommitment under this
        subsection shall be delivered to the nearest State
        correctional institution pending a hearing on the matter.
        (b)  Inmates committed to custody of other facilities.--An
     inmate not committed to the custody of the department but
     confined in an institution authorized to incarcerate or detain
     persons for criminal sentences, violations of criminal law or
     orders of parole, probation, bail or other order related to a
     civil or criminal matter may have service of the sentence of
     confinement deferred and may be placed in a hospital, long-term
     care nursing facility or licensed hospice care location, subject
     to electronic monitoring, by order of the judge that committed
     the inmate to the facility or institution or by another
     available judge designated to preside if all of the following
     are established by clear and convincing proof:
            (1)  The chief administrator, the chief administrator's
        designee, the inmate or a person to whom the court grants
        standing to act on behalf of the inmate petitions the court
        or has given written consent to the grant of a petition under
        this section filed on behalf of the inmate.
            (2)  There is sufficient proof to establish the
        requirements for a placement to a hospital or long-term care
        nursing facility under subsection (a)(1) or a placement to a
        hospice care location under subsection (a)(2).
            (3)  An entry of an order pursuant to this subsection
        temporarily deferring service of an inmate's sentence of
        confinement shall include a provision that the chief
        administrator or the prosecuting attorney may at any time
        petition the sentencing court seeking the issuance of a bench
        warrant directing that the inmate be recommitted to the
        custody of the appropriate correctional institution if the
        circumstances under which the inmate was released change or
        for previously unknown circumstances, including a change in
        the inmate's medical status, the inmate's risk of escape, the
        inmate's danger to the community or the nature of the medical
        or other care provided by the hospital, long-term care
        nursing facility or hospice care provider.
            (4)  The sentencing court may terminate at any time its
        order authorizing the temporary deferral of the service of an
        inmate's sentence of confinement entered pursuant to this
        subsection. An inmate taken into custody pursuant to an order
        directing detention or recommitment under this subsection
        shall be delivered to the county correctional institution or
        other institution at which the inmate was confined prior to
        the entry of the order deferring the service of the sentence
        of confinement pending a hearing on the matter.
        (c)  Service.--Any petition filed under this section shall be
     served on each agency representing the Commonwealth at each
     proceeding which resulted in an order by which the inmate is
     committed or detained and to the correctional institution or
     institution responsible for housing the inmate. Each party shall
     have an opportunity to object and be heard as to the petition
     for alternative placement, the circumstances of placement, the
     conditions of return or any other relevant issue. The court
     shall ensure that any crime victim entitled to notification
     under section 201(7) or (8) of the act of November 24, 1998
     (P.L.882, No.111), known as the Crime Victims Act, has been
     given notice and the opportunity to be heard on the petition.
     All parties served or notified under this subsection shall
     receive a copy of the final order adjudicating the petition.
        (d)  Notice.--
            (1)  Any order entered under this section placing an
        inmate in a hospital, long-term care nursing facility or
        hospice care location which provides care to persons who were
        not placed therein pursuant to an order entered under this
        section shall direct the individual in charge of the
        hospital, long-term care nursing facility or hospice care
        location to ensure that each person receiving care at, and
        each employee or contractor working in, the hospital, long-
        term care nursing facility or hospice care location is
        notified that the placement was ordered if it is foreseeable
        that the person, employee or contractor will come into
        contact with the inmate during the placement.
            (2)  The sentencing court shall forward notice of any
        order entered under this section placing an inmate in a
        hospital, long-term care nursing facility or hospice care
        location to the hospital, long-term care nursing facility or
        hospice care location and to the Department of Public
        Welfare.
        (e)  Petition requirements.--Any petition filed pursuant to
     this section must aver:
            (1)  The name of the hospital, long-term care nursing
        facility or hospice care location proposed for placement.
            (2)  That the petitioner reasonably believes the named
        hospital, long-term care nursing facility or hospice care
        location has agreed to accept the placement of the inmate and
        the facts upon which that belief is based.
        (f)  Removal from placement.--If an inmate placed in a
     hospital, long-term care nursing facility or hospice care
     location pursuant to this chapter removes himself from the
     hospital, long-term care nursing facility or hospice care
     location, the inmate shall be subject to arrest upon probable
     cause and shall, upon conviction thereof, be guilty of criminal
     contempt.
        (g)  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:
        "Chief administrator."  As defined under 61 Pa.C.S. § 102
     (relating to definitions).
        "Department."  The Department of Corrections of the
     Commonwealth.
        "Hospice care location."  A home, independent living
     environment or inpatient setting that provides a coordinated
     program of palliative and supportive services through a licensed
     hospice care provider.
        "Hospital."  An entity licensed as an acute-care general
     hospital, a specialty hospital or a rehabilitation hospital
     under the act of July 19, 1979 (P.L.130, No.48), known as the
     Health Care Facilities Act.
        "Licensed hospice care provider."  A hospice as defined under
     section 802.1 of the act of July 19, 1979 (P.L.130, No.48),
     known as the Health Care Facilities Act.
        "Long-term care nursing facility."  A long-term care nursing
     facility as defined under section 802.1 of the act of July 19,
     1979 (P.L.130, No.48), known as the Health Care Facilities Act.
        "Prosecuting attorney."  The Office of Attorney General of
     the Commonwealth or the office of a district attorney of a
     county who represented the Commonwealth at the most recent
     sentencing of an inmate.
        "Sentencing court."  The trial judge who most recently
     sentenced an inmate or, if the trial judge is no longer serving
     as a judge of that court, the president judge of the county
     court of common pleas.
     (Aug. 11, 2009, P.L.147, No.33, eff. 60 days)

        2009 Amendment.  Act 33 added section 9777.