# 61 Pa.C.S. § 1151: General transfer authorization

> Pennsylvania · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_PA_T61_C11_S1151

## Section

- **Citation:** 61 Pa.C.S. § 1151
- **Heading:** General transfer authorization
- **Jurisdiction:** Pennsylvania
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** PA Code / Title 61 / Chapter 11 / Section 1151

## Text

(a) Between State and county.--At the request of the chief administrator of a county correctional institution, the secretary or his designee may transfer inmates located in a county correctional institution to the State correctional institution system for such reasons and upon such terms and conditions as the secretary may determine. The secretary or his designee may transfer inmates in the State correctional institution system to the jurisdiction of a county correctional institution system upon such terms and conditions that the secretary or his designee and the chief administrator of the county correctional institution determine to be in the best interests of the Commonwealth.

(b) Between counties.--An inmate located in a county correctional institution may be transferred to another county correctional institution upon such terms and conditions as the counties may determine.

(c) Between Federal Government and the State or county.--The department and county correctional institutions may contract with the Federal Government for the housing of Federal inmates in correctional facilities.

(d) Temporary transfers.--The following shall apply to temporary transfers:

(1) The department shall temporarily transfer an inmate confined in the State correctional system to a State correctional institution determined by the department to be of an appropriate security level that is nearest to the location of the judicial proceeding. The department shall have the discretion to select an alternative and reasonably accessible State correctional institution if bed space limitations in the nearest State correctional institution prevent the temporary transfer to that institution.

(2) The department shall not be required to temporarily transfer any inmate under this subsection unless all of the following apply:

(i) A court order has been entered directing the presence of the inmate at a judicial proceeding.

(ii) The court has found that the inmate's presence is required at the judicial proceeding.

(iii) The Constitution of the United States or the Constitution of Pennsylvania does not permit the inmate's testimony or participation in the proceeding to be conducted by videoconferencing technology.

(3) The department shall establish regulations for the implementation of this subsection in accordance with all of the following:

(i) The regulations may require up to 14 days' notice prior to the entry of a temporary transfer order.

(ii) The regulations may require return of an inmate to the inmate's home correctional institution upon completion of the judicial proceeding.

(iii) The regulations may require that an inmate is to be removed from the State correctional institution by a government official authorized by the court directing the presence of the inmate for a judicial preceding be detained in the county prison if the inmate has been temporarily transferred more than twice in the preceding six months or the judicial proceeding is scheduled to last more than one week.

(4) Pending implementation of the regulations required under paragraph (3), the department shall publish interim guidelines consistent with the provisions of paragraph (3). The provisions of this section shall be in full force and effect even if the department has not yet published interim guidelines or implemented the regulations required under this section.

(5) The department may presume that the judicial proceedings have concluded when the inmate is returned to the temporary correctional institution after a judicial proceeding unless a court otherwise notifies the department in the manner required by the department.

(6) The department may require a county to pay the reasonable cost of transportation between State correctional facilities if a court of that county has requested a temporary transfer under this section. The county reimbursements for transportation costs shall be automatically reappropriated to the department.

(7) This section shall not be construed:
ent in the manner required by the department.

(6) The department may require a county to pay the reasonable cost of transportation between State correctional facilities if a court of that county has requested a temporary transfer under this section. The county reimbursements for transportation costs shall be automatically reappropriated to the department.

(7) This section shall not be construed:

(i) To prohibit the use of alternative transportation methods authorized by law.

(ii) To authorize a court to designate a particular place of confinement or the length of confinement in the temporary correctional institution.

## Nearby sections

- [61 Pa.C.S. § 1101 Benefits to injured employees of State correctional institutions.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T61_C11_S1101.md)
- [61 Pa.C.S. § 1102 Correctional facility for criminological diagnosis.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T61_C11_S1102.md)
- [61 Pa.C.S. § 1103 Recording system for identification of criminal offenders.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T61_C11_S1103.md)
- [61 Pa.C.S. § 1104 State recording system relating to pregnant and postpartum incarcerated individuals or detainees.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T61_C11_S1104.md)
- [61 Pa.C.S. § 1105 Powers and duties of department.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T61_C11_S1105.md)
- [61 Pa.C.S. § 1106 Powers of peace officers.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T61_C11_S1106.md)
- [61 Pa.C.S. § 1151 General transfer authorization.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T61_C11_S1151.md)
- [61 Pa.C.S. § 1152 Transfers to city department.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T61_C11_S1152.md)
- [61 Pa.C.S. § 1153 Expense of removing certain inmates.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T61_C11_S1153.md)
- [61 Pa.C.S. § 1154 Law enforcement use of county correctional institutions.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T61_C11_S1154.md)
- [61 Pa.C.S. § 1161 Return of escaped inmates.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T61_C11_S1161.md)
- [61 Pa.C.S. § 1162 Escaped inmate costs.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T61_C11_S1162.md)
- [61 Pa.C.S. § 1163 Maintenance of escaping inmates under new sentence.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T61_C11_S1163.md)
- [61 Pa.C.S. § 1164 Criminal offense during confinement.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T61_C11_S1164.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_PA_T61_C11_S1151. Check the current official text before relying on it. Not legal advice.
