Pa. Cons. Stat. » 61 Pa. Cons. Stat. (PRISONS AND PAROLE) / Chapter 11
Pennsylvania Consolidated Statutes

61 Pa. Cons. Stat. § 1105 (2026)

 Powers and duties of department.

✓ current as of May 2026
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§ 1105.  Powers and duties of department.

(a)  General rule.--The department shall have the power and its duty shall be:

(1)  To establish standards for county correctional institutions, including, but not limited to, standards for physical facilities and standards for correctional programs of treatment, education and rehabilitation of inmates.

(2)  To inspect county correctional institutions and to classify them in accordance with standards adopted under paragraph (1) as eligible to receive inmates sentenced to maximum terms of six months or more but less than five years.

(b)  Rules and regulations.--The department may prescribe, adopt, promulgate and enforce rules and regulations in order to administer the provisions of this section.

(Oct. 27, 2010, P.L.931, No.95, eff. imd.)

 

2010 Amendment.  Act 95 added section 1105, retroactive to November 9, 2009. See section 23 of Act 95 in the appendix to this title for special provisions relating to continuation of regulations adopted under prior law.

Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2024–2024 · leading case: B. Key v. Pa Doc (Pa. Commw. Ct. 2024).
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B. Key v. Pa Doc (Pa. Commw. Ct. 2024). · cites it 3× “See 61 Pa.C.S. § 1105. The Department has the power and duty to “establish standards for county correctional institutions, including, but not limited to, standards for physical facilities and standards for correctional programs of treatment, education and rehabilitation of…”
J. Page v. Hon. T.P. Rogers (Pa. Commw. Ct. 2024). “See Section 1105(b) of the Prisons and Parole Code, 61 Pa.C.S. § 1105(b). In Section 91.2 of the Department’s Regulations, it declares that its purpose is “to operate its institutions and programs to provide protection to the community, a safe and humane environment[,] and…”
— 61 Pa. Cons. Stat. § 1105(a)(1) — 1 case
B. Key v. Pa Doc (Pa. Commw. Ct. 2024). “See 61 Pa.C.S. § 1105. The Department has the power and duty to “establish standards for county correctional institutions, including, but not limited to, standards for physical facilities and standards for correctional programs of treatment, education and rehabilitation of…”
— 61 Pa. Cons. Stat. § 1105(b) — 2 cases
B. Key v. Pa Doc (Pa. Commw. Ct. 2024). “See 61 Pa.C.S. § 1105. The Department has the power and duty to “establish standards for county correctional institutions, including, but not limited to, standards for physical facilities and standards for correctional programs of treatment, education and rehabilitation of…”
J. Page v. Hon. T.P. Rogers (Pa. Commw. Ct. 2024). “See Section 1105(b) of the Prisons and Parole Code, 61 Pa.C.S. § 1105(b). In Section 91.2 of the Department’s Regulations, it declares that its purpose is “to operate its institutions and programs to provide protection to the community, a safe and humane environment[,] and…”
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