Pennsylvania Consolidated Statutes

61 Pa. Cons. Stat. § 5904 (2026)

Assessment and collection of costs.

✓ current as of May 2026

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§ 5904. Assessment and collection of costs.

(a) Power of department.--When the department determines that there has been a financial loss or cost as a result of a violation of a written rule governing inmate behavior, including, but not limited to, property loss or damage or use of a controlled substance, the department may require the inmate to pay to the department, or to the person whose property has been lost or damaged, the value of the property or the costs incurred in the investigation and administrative review of the behavior.

(b) Procedures.--The department shall develop written procedures relating to the determination, assessment and collection of the costs of losses due to inmate misconduct. When the procedures have been adopted by the department, the provisions of 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) shall not apply to proceedings conducted by the department under this section.

(c) Deduction from inmate's institutional account.--

(1) The department may deduct from an inmate's institutional account the amount of any judgment, court-ordered costs or assessments against the inmate under subsection (a).

(2) Notice of the deduction shall be provided to the inmate by certified mail or personal notice.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2013–2025 · leading case: Hill v. Dep't of Corr., 64 A.3d 1159 (Pa. Commw. Ct. 2013).

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Hill v. Dep't of Corr., 64 A.3d 1159 (Pa. Commw. Ct. 2013). “2d 1263 (2005); see Section 5904 of the Prisons and Parole Code, 61 Pa.C.S. § 5904 (DOC shall credit the inmate with wages for the time the inmate is actually engaged in work); Section 3124 of the Prisons and Parole Code, 61 Pa.”

Hammond v. Harry (E.D. Pa. 2025). “The other statutory section Hammond cites, 61 Pa. Cons. Stat. § 5904 , is inapposite.”

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