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.