3702 - Prerelease plan for inmates.
§ 3702. Prerelease plan for inmates. (a) Transfer authorization.-- (1) The secretary may transfer an inmate incarcerated in any prerelease center or in any prerelease center located in any State correctional institution who has not been sentenced to death or life imprisonment to any prerelease center. (2) The transfer of the inmate to the prerelease center shall not occur where the transfer is not appropriate due to a certified terminal illness. (b) Temporary release.--An inmate transferred to and confined in a prerelease center may be released temporarily with or without direct supervision at the discretion of the department, in accordance with rules and regulations as provided in section 3703 (relating to rules and regulations), for the purposes of gainful employment, vocational or technical training, academic education and such other lawful purposes as the department shall consider necessary and appropriate for the furtherance of the inmate's individual prerelease program subject to compliance with subsection (c). (c) Conditions for release of certain inmates.-- (1) An inmate who has not served his minimum sentence may not be transferred to a prerelease center unless: (i) more than 20 days have elapsed after written notice of the proposed transfer, describing the inmate's individual prerelease program, has been received by the sentencing judge or, in the event the sentencing judge is unavailable, the sentencing court and the prosecuting district attorney's office and no written objection by the judge containing the reason therefor has been received by the department; (ii) the judge withdraws his objection after consultation with representatives of the department; or (iii) approval of the proposed transfer is given by the Board of Pardons. (2) In the event of a timely objection by the judge, representatives of the department shall meet with the judge and attempt to resolve the disagreement. (3) If, within 20 days of the department's receipt of the objection: (i) the judge does not withdraw his objection; (ii) the department does not withdraw its proposal for transfer; or (iii) the judge and the department do not agree on an alternate proposal for transfer, the matter shall be listed for hearing at the next session of the Board of Pardons to be held in the hearing district in which the judge is located. (4) During the hearing before the Board of Pardons, representatives of the judge, the department, the district attorney of the county where the inmate was prosecuted and any victim involved shall have the opportunity to be heard. (d) Notice of release.-- (1) An inmate who has served his minimum sentence may be released by the department only after notice to the judge that the privilege is being granted. (2) Notice of the release of an inmate shall be given to the Pennsylvania State Police, the probation officer and the sheriff or chief of police of the county and the chief of police of the municipality or township of the locality to which the inmate is assigned or of the inmate's authorized destination.