61 Pa.C.S. Ch. 31

in effect

61 Pa.C.S. § 3101 Inmates to be employed.

The chief administrators may employ the inmates under their control for and on behalf of the Commonwealth and the inmates for and on behalf of their respective counties.

61 Pa.C.S. § 3102 Disposition of proceeds of labor.

All moneys received under the provisions of this subchapter for labor done within county correctional institutions or the products of such labor sold shall be credited on account of the receipts and expenditures paid to and for the maintenance of the respective correctional institutions. (Oct. 27, 2010, P.L.931, No.95, eff. imd.)

61 Pa.C.S. § 3103 Agricultural labor at county correctional institutions.

(a) General rule.--The chief administrator of a county correctional institution shall permit the employment of such inmates serving sentences therein, as they shall deem advisable, at agricultural labor on any county farm of the county under the direction of any person appointed by the chief administrator, and all inmates so employed shall at all times be amenable to restraint, discipline and punishment in the same manner as if they were confined in the county correctional institution. (b) Liability.--No person appointed by a chief administrator of a county correctional institution or his sureties shall be held liable on any bond conditioned for the safekeeping of persons given into that person's care, in case any inmate so employed shall escape, if due care and diligence has been exercised in the discharge of the duties imposed on that person.

61 Pa.C.S. § 3104 Inmate labor in county correctional institutions.

(a) General rule.--An inmate of a county correctional institution who is physically capable may be employed at labor for not more than eight hours each day, other than Sundays and public holidays. The employment may be in such character of work and the production of such goods as may now be manufactured and produced in county correctional institutions and may also be for: (1) the manufacture and production of supplies for the county correctional institutions; (2) the preparation and manufacture of building material for the construction or repair of the county correctional institution; (3) the manufacture and production of crushed stone, brick, tile and culvert pipe or other material suitable for draining roads; or (4) the preparation of road building and ballasting material. (b) Authority to county commissioners.--The county commissioners or chief administrator of the county correctional institution shall: (1) determine the amount, kind and character of the machinery to be erected and the industries to be carried on in the county correctional institution; (2) arrange for the purchase and installation of such machinery at the expense of the county; and (3) provide for the sale of articles and material produced. (c) Funding.--The county commissioners shall make available the necessary funds to carry out the provisions of this section. (d) Inmate accounts.-- (1) The authorities in charge of a county correctional institution shall fix the wages of each inmate to be employed and shall keep an account of all such wages and the amount due each inmate. (2) Three-fourths of the amount credited to each inmate, or the entire amount if the inmate so elects, shall constitute a fund for the relief of any person or persons dependent upon the inmate and shall be paid to such persons, establishing dependency to the satisfaction of the authorities, at such times as they may prescribe. (3) In case an inmate has no person dependent upon him, the inmate's wages shall be deposited for his benefit and shall be paid to him as follows: (i) one-third at the time of his discharge; (ii) one-third, three months thereafter; and (iii) one-third, six months thereafter. (e) Special administrative fund.-- (1) The authorities in charge of a county correctional institution may establish a fund for the purpose of carrying out this section and may provide for the purchase of machinery and materials and payment of wages from such fund. (2) All revenues received from the sale of articles produced shall be paid into the fund. (f) Nonapplicability.--This section shall not apply to a county of the first class. Special Provisions in Appendix. See section 10 of Act 33 of 2009 in the appendix to this title for special provisions relating to applicability.

61 Pa.C.S. § 3105 Inmate labor in counties of the first class.

(a) General rule.--The board of inspectors of a county correctional institution of a county of the first class may establish, from time to time, a scale of wages that shall not be less than 10¢ per day and may pay, and the inmates may receive compensation for their work, according to such scale. (b) Inmate account.-- (1) Except as otherwise provided in paragraph (2), the earnings of each inmate shall be credited to his account and disbursements made on approval of the chief administrator of the institution and the written order of the inmate. (2) When an inmate is committed for nonsupport, the court which sentenced the inmate shall order payment of his earnings, and, in the case of other inmates, the court which sentenced the inmate may order payments from his earnings to be paid to his dependents. (3) At time of release or discharge, the inmate shall receive all moneys remaining in his account and give receipt for the same.

61 Pa.C.S. § 3106 Inmate-made goods to be branded.

(a) General rule.--All goods, wares, merchandise or other article or thing made by inmate labor in any correctional institution or other establishment in which inmate labor is employed, whether for the direct benefit and maintenance of the correctional institution or other establishment or upon contract by the authorities of the same with any third person, immediately upon the completion of the same, shall be branded as provided in this section and may not be taken into or exposed in any place for sale at wholesale or retail without that brand. (b) Style and place of brand.-- (1) The brand required by this section shall be in plain English lettering and shall contain at the head or top of the brand the words "inmate made," followed by the year and name of the correctional institution or other establishment in which made. (2) The brand shall in all cases, when the nature of the article will permit, be placed on the article and only where the branding is impossible may it be placed on the box or other receptacle or covering in which it is contained. (3) The brand shall be affixed to the article by casting, burning, pressing or other such process or means so that the article may not be defaced and in all cases shall be upon the most conspicuous place upon the article or the box, receptacle or covering containing the article. (c) Applicability.--This section shall not apply to goods, wares and merchandise shipped to points outside of this Commonwealth.

61 Pa.C.S. § 3107 Sale of inmate-made goods.

The department may contract to sell or sell the articles manufactured or produced in any correctional institution which cannot be used therein, to the Commonwealth or to any political subdivision thereof, or to any State, municipality or county authority, created by or under any law of this Commonwealth, or to any State correctional institution, or to any educational or charitable institution receiving aid from the Commonwealth, or to the Federal Government or any department, bureau, commission, authority or agency thereof, or to any other state or political subdivision or authority thereof, or to any institution receiving aid from the Federal Government or of any other state.

61 Pa.C.S. § 3121 Inmates to be employed.

The Chief Administrators at any correctional institution established by the Commonwealth may employ inmates under their control for and on behalf of the Commonwealth, any county, city, borough or township or for any public institution owned, managed and controlled by the Commonwealth.

61 Pa.C.S. § 3122 Manufacturing Fund.

For the purchase of material, equipment and machinery to be used in the designated State correctional institutions, special appropriations shall be made, from time to time, to the Manufacturing Fund.

61 Pa.C.S. § 3123 Deposit of sales receipts.

(a) General rule.--The receipts from the sales of manufactured articles, sold as authorized in this subchapter, shall be deposited into the Manufacturing Fund and used for the purchase of further material, equipment, machinery, supplies, staff compensation and inmate pay. (b) Monthly reporting.--The department shall make a full monthly report of the products, sales, receipts and disbursements of the industries authorized under this subchapter to the Auditor General.

61 Pa.C.S. § 3124 Inmates accounts.

(a) Duty to maintain.--The department shall maintain an account of the labor performed by all inmates under sentence in the institution. (b) Contents of accounts.--In the account, the department shall credit the inmate with wages for the time the inmate is actually engaged in work. The rate of the wage and the amount credited to each inmate shall be determined at the discretion of the department.

61 Pa.C.S. § 3125 Remainder of inmate accounts.

(a) Payment on discharge.--All sums credited to an inmate shall be for the benefit of the inmate and paid to the inmate on the inmate's discharge. (b) Use for present needs.--An inmate who has sums to the inmate's credit may, subject to the rules and regulations of the department, draw upon the balance of the wages for present needs.

61 Pa.C.S. § 3126 Inmate-made goods to be branded.

(a) General rule.--All goods, wares, merchandise or other article or thing made by inmate labor in any correctional institution or other establishment in which inmate labor is employed, whether for the direct benefit and maintenance of the correctional institution or other establishment or upon contract by the authorities of the same with any third person, immediately upon the completion of the same, shall be branded as provided in this section and may not be taken into or exposed in any place for sale at wholesale or retail without that brand. (b) Style and place of brand.-- (1) The brand required by this section shall be in plain English lettering and shall contain at the head or top of the brand the words "inmate made," followed by the year and name of the department, correctional institution or other establishment in which made. (2) The brand shall in all cases, when the nature of the article will permit, be placed on the article and only where the branding is impossible may it be on the box or other receptacle or covering in which it is contained. (3) The brand shall be affixed to the article by casting, burning, pressing or other such process or means so that the article may not be defaced and in all cases shall be upon the most conspicuous place upon the article or the box, receptacle or covering containing the article. (c) Applicability.--This section shall not apply to goods, wares and merchandise shipped to points outside this Commonwealth.

61 Pa.C.S. § 3127 Sale of inmate-made goods.

The department may contract to sell or sell the articles manufactured or produced in any correctional institution which cannot be used therein to the Commonwealth or to any political subdivision thereof, or to any State, municipality or county authority created by or under any law of this Commonwealth or to any State correctional institution or to any educational or charitable institution receiving aid from the Commonwealth, or to the Federal Government or any department, bureau, commission, authority or agency thereof, or to any other state or political subdivision or authority thereof, or to any institution receiving aid from the Federal Government or of any other state.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=61Fetched: 10/16/2026