title
An Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, amending and supplementing the Allegheny County Code of Ordinances, Division 2, entitled "County Government Operations," Chapter 205, entitled "Allegheny County Jail," by the creation of a new Article II, entitled "Employment of Prisoners", and providing guidelines for the employment of inmates at the Allegheny County Jail for the improvement of highways within the County.
body
WHEREAS, the roads, bridges and Highways of Allegheny County continue to require maintenance that has been deferred due to budgetary constraints; and
WHEREAS, the cost of labor is one of the key factors that limits the ability of the County to employ a suitable number of individuals to complete the necessary maintenance tasks; and
WHEREAS, the General Assembly has specifically authorized the employment of inmates in county jails for the improvement of the Commonwealth's highways at 61 P.S. §184; and
WHEREAS, this statute expressly establishes that it is lawful to require every able-bodied male prisoner under sentence within any jail established in the Commonwealth and not awaiting trial to perform up to eight (8) hours of manual labor during each day of imprisonment, except on Sunday and on legal holidays; and
WHEREAS, Allegheny County has not formally adopted this statutory provision;
The Council of the County of Allegheny hereby enacts as follows:
Section 1. Incorporation of the Preamble
The provisions set forth in the preamble to this Ordinance are incorporated by reference as set forth in their entirety herein.
Section 2.
The Allegheny County Code of Ordinances, Division 2, entitled "County Government Operations," Chapter 205, entitled "Allegheny County Jail," is hereby amended by the creation of a new Article II, as follows:
ARTICLE II
Employment of Prisoners
§205-20. Inmate Employment for Highway Improvement; General Rule.
A. For the better employment of the prisoners and improvement of highways of Allegheny County, it shall be lawful to require every able-bodied male prisoner, now or hereafter confined under sentence within the Allegheny County Jail, to perform eight hours of manual labor each day of his imprisonment. Such labor may be performed outside the Allegheny County Jail at the discretion of the Warden, in accordance with the policy developed under the requirements of §205.21.
B. For the better employment of the prisoners and improvement of parks, buildings, and other facilities owned by Allegheny County, it shall be lawful to require every able-bodied male prisoner, now or hereafter confined under sentence within the Allegheny County Jail, to perform eight hours of manual labor each day of his imprisonment. Such labor may be performed outside the Allegheny County Jail at the discretion of the Warden, in accordance with the policy developed under the requirements of §205.21.
§205-21. Specific Policy.
A. The Warden of the Allegheny County Jail shall finalize a policy to govern inmate employment outside the Jail itself. Such policy shall include, at a minimum, delineations of necessary security measures for ensuring the continued detention of the inmates, guidelines for preserving the safety of the inmates while employed outside the Jail, minimum standards for transportation security and acceptable inmate to guard ratios, factors to be employed and procedures to be followed when selecting projects for inmate labor, and specific guidelines for the classifications of inmates that will be employed outside the Jail under the terms of this Article with such classifications to include only non-violent misdemeanor offenders. The policy required under the terms of this section shall also provide for payment of any inmates employed outside the Jail under the terms of this Article at a rate at least equal to the median rate paid to inmates employed within the Jail, if any such inmates are paid.
B. Once finalized, the policy required under §205-21.A. shall be submitted to Allegheny County Council for approval within 30 days of the effective date of this Article.
1. Such policy shall become effective upon approval by a majority of the seated Members of Allegheny County Council.
2. In the event that such policy is not approved, Council shall provide a deadline for submission of a revised policy that shall be at least 30 days after the date of disapproval.
§205-22. Exceptions.
A. No prisoner awaiting trial shall be required to perform manual labor under the terms of this Article.
B No prisoner shall be required to perform manual labor under the terms of this Article on Sundays or on legal holidays.
C. At no time shall more than ten percent of the able-bodied male prisoners within the Allegheny County Jail be assigned to manual labor outside of the jail building under the terms of this Article.
Section 3. Effective Date.
The terms of this Ordinance shall become effective on the date of final passage.
Section 4. Severability. If any provision of this Ordinance shall be determined to be unlawful, invalid, void or unenforceable, then that provision shall be considered severable from the remaining provisions of this Ordinance which shall be in full force and effect.
Section 5. Repealer. Any Resolution or Ordinance or part thereof conflicting with the provisions of this Ordinance is hereby repealed so far as the same affects this Ordinance.