Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 4412 - Transfer of State prisoners without court approval; retransfers; further commitments(a) Whenever any person who is detained in a State penal or correctional institution is believed to be mentally disabled so that his commitment to a facility is necessary or desirable, he may, without court approval, be transferred to any facility operated by the department in accordance with the following procedures: (1) Upon request of the Bureau of Correction of the Department of Justice, the department shall examine the prisoner at the penal or correctional institution or designate a facility as the place of transfer and order the director thereof forthwith to admit the prisoner for an examination of his mental condition.(2) A report of examination shall be transmitted to the department within sixty days. The department shall, without court approval, either direct the bureau to remove the prisoner from the examining facility if such prisoner is not in need of care in a facility, or order the admission of the prisoner to a proper facility until sufficient improvement of his condition warrants his return to the custody of the bureau.(b) The time during which said prisoner is committed to a facility shall be computed as part of the term for which he was sentenced.(c) Whenever, prior to the expiration of the maximum term of such committed prisoner's sentence or sentences, it is determined that his care in a facility is no longer necessary he shall be retransferred to the custody of the bureau to serve his sentence in accordance with the following procedures:(1) The department shall make request in writing to the bureau for the removal of such prisoner from the facility.(2) Upon receipt of such request, the bureau shall, without court approval, order the retransfer of such prisoner by the bureau to such State correctional institution or correctional diagnostic and classification center, as shall be deemed appropriate, for confinement in accordance with said prisoner's sentence or sentences.(d) Whenever it is believed that a prisoner who has been committed to a facility in accordance with the provisions of this section will need further care after the expiration of his maximum sentence or sentences, the director shall initiate appropriate proceedings under this act as if no crime had been involved.(e) Transportation of such prisoner from a penal or correctional institution to a facility or his return to prison shall be effected by the bureau, at the bureau's cost.1966, Special Sess. No. 3, Oct. 20, P.L. 96, art. IV, § 412, effective 1/1/1967.