Inmates of Cumberland County Prison v. Commonwealth, Department of Justice

454 A.2d 653, 71 Pa. Commw. 58
CourtCommonwealth Court of Pennsylvania
DecidedJanuary 6, 1983
DocketAppeals, Nos. 1996 C.D. 1980 and 812 C.D. 1982
StatusPublished
Cited by1 cases

This text of 454 A.2d 653 (Inmates of Cumberland County Prison v. Commonwealth, Department of Justice) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Inmates of Cumberland County Prison v. Commonwealth, Department of Justice, 454 A.2d 653, 71 Pa. Commw. 58 (Pa. Ct. App. 1983).

Opinion

Opinion by

Judge MacPhail,

Before this Court are the consolidated appeals of various inmates (Petitioners) of the Cumberland County Prison (Prison) from classification determinations made by the Pennsylvania Bureau of Correction, Special Services Division (Bureau). These classifications, made pursuant to the Bureau’s duty under Section 3(4) of Act 502 of 1965 (Act 502), Act of December 27,19.65, P.L. 1237, as amended, 61 P.S. §460.3 (4),1 permitted the Prison to accept prisoners with [60]*60sentences np to five years less one day. Petitioners complain that such a classification was an abuse of discretion and in total disregard of the Bureau’s findings regarding the Prison.

Facts

Initially, various inmates of the Prison filed a mandamus action in this Court in 1980, seeMng, inter alia, a classification of the Prison in accordance with the standards (Minimum .Standards) for county prisons adopted by the Department of Justice. 37 Pa. Code §1§95.221-.248.2 By order entered July 11, I960,3 this Court directed the Bureau to classify the Prison in accordance with those Minimum Standards.

Pursuant to that Order the Director of the Bureau’s Special Services Division, by letter dated July 25, 1980, certified the prison as approved to accept prisoners with sentences up' to five years less one day. Petitioners then filed case No. 1996 C.D. 1980 (1980 classification) as an appeal from that certification. Another inspection was performed by the Bureau in 1981, with the issuance of a new certification on December 4, 1981, again approving the Prison to accept prisoners with sentences up to five years less one day. Case No. 812 C.D. 1982 (1981 classification) was then filed to review this second certification. Numerous motions have been filed by both sides and disposed of by orders of this Court previous to argument on the merits.

[61]*61Basis and Scope oe Review

Before discussing the central issue of this appeal, a discussion of this 'Court’s power to hear the appeal is in order. The parties do not contest the fact that this Court, pursuant to Section 763(a)(1) of the Judicial Code, 42 Pa. C. S. §763(a) (1), has jurisdiction of.all appeals from final orders of Commonwealth agencies in any case “under Subchapter A of Chapter 7 of Title 2 ... or otherwise.” Of course, this .section only vests jurisdiction of appeals in this Court; it does not operate to give to a person a right of appeal. La-Camera v. Board of Probation and Parole, 13 Pa. Commonwealth Ct. 85, 317 A.2d 925 (1974). Therefore, in order for this Court to act, Petitioners must have a right to appeal the classifications.

In support of their claimed right of appeal, Petitioners rely upon Section 702 of the Administrative Agency Law, 2 Pa. C. S. §702. That section provides: “Any person aggrieved by an adjudication of a Commonwealth agency who has a direct interest in such adjudication shall have the right to appeal therefrom. ...” For Petitioners to have a .right of appeal under this section, two distinct matters must be shown. First of all, there must be an adjudication. Adjudication is defined in the Administrative Agency Law as “Any final order, decree, decision, determination or ruling by an agency affecting personal or property rights, privileges, immunities, duties, liabilities or obligations of any or all of the parties to the proceeding in which the adjudication is made.” 2 Pa. C. S. §101. Quite clearly, these decisions of the Bureau which certified the Prison as able to accept prisoners up to the five year maximum term for county jails4 is a “final . . . decision . . . affecting . . . privileges, . . . duties . . .or obligations” of the Prison. Certainly if a decision ad[62]*62verse to the Prison had been issued by ithe Bureau, the Prison Board could have appealed the decision under the Administrative Agency Law. See County of York v. Department of Labor and Industry, Industrial Board, 43 Pa. Commonwealth Ct. 124, 401 A.2d 885 (1979). Thus, the first requirement of 2 Pa. C. S. §702 has been met.

The second standard of Section 702 which must be shown is that the Petitioners are “person[a] aggrieved ... who [have] a direct interest in such adjudication.” Initially, we note that this provision encompasses aggrieved persons, not solely aggrieved parties; therefore, the fact that Petitioners were not parties to the Bureau’s proceedings would not in itself bar Petitioners from appealing from the adjudication. Official Court Reporters v. Pennsylvania Labor Relations Board, 67 Pa. Commonwealth Ct. 256, 264, 446 A.2d 1357, 1360-61 (1982).5 As the Pennsylvania Supreme Court has recently stated: “ [P]ursuant to Section 702, we must inquire whether, under traditional concepts of standing, [Petitioners] have been ‘aggrieved’ . . . and whether they have a ‘direct interest’....” Application of El Rancho Grande, Inc., 496 Pa. 496, 503, 437 A.2d 1150, 1153 (1981).

[63]*63‘ Clearly, the Petitioners here satisfy this basic standing requirement. The classification of any prison under Act 502 as eligible to receive prisoners sentenced to- a maximum five year term, done as it is with -regard to various minimum health, safety and welfare •requirements, has a direct impact on the well-being of prisoners housed therein. A classification made in total disregard of the Bureau’s own standards would permit a county prison to house prisoners in a manner -directly contra to minimums which the state, through .its regulations, has said the prisoners have a -right to expect.

' Wehow move to an anlysis of the Bureau’s find•ings and conclusions in ordering the Prison eligible to receive five year maximum term prisoners. Our scope of review, under the-Administrative Agency Law, is to ascertain whether constitutional rights have been violated, any errors of law have been committed and whether the decision is supported by substantial evidence in the record. 2 Pa. C. S. §704.

Ah examination of the two letters which embody the 1980 and 1981 classifications readily discloses that no finding of fact or conclusion of law in the normal sense were made by .the Bureau. However, each classification was made based upon the reports of yearly Prison inspections6 and we consider these inspection reports to be, in effect, the ¡basic findings of the Bu- ' reau upon which it based its ultimate decision that this Prison could accept prisoners for the maximum term allowable.

1980 Classification

The 19.80 inspection report disclosed the following violations of the Minimum Standards:

[64]*641) The personal property receipt given to Prisoners did not list prisoner clothing. A violation of 37 Pa. Code §95.222(a) (4).
2) There was not enough hot water available for showers and water pressure was insufficient. A violation of 37 Pa. Code §95.226(b) (4) (iv) and 37 Pa. Code §95.231(2).

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Related

Inmates of the Cumberland County Prison v. Department of Justice
462 A.2d 937 (Commonwealth Court of Pennsylvania, 1983)

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