Is It Legal to Take Money from Prisoners Accounts Without Their Consent ?
In Holloway v. Lehman, 671 A.2d 1179 (Pa. Cmwlth. 1996), the Court held that a decision made by the Commissioner of Corrections through his subordinates to take money from an inmate's account without the inmate's consent was an "adjudication" under Section 1 of Law, 2 Pa. C.S. 101 and subject to its provisions.
The Court then went on to hold that the Administrative Agency Law (AAL) requires that a hearing be conducted after reasonable notice and that the inmate must be heard, that all testimony must be recorded, and a full and complete record of the proceedings must be kept pursuant to 2 Pa. C.S 504; reasonable examination and cross-examination must be allowed, 2 Pa. C.S. 505, and the adjudication must be in writing and contain findings of fact and reasons for the decision. 2 Pa. C.S. 507.
The Court also held that failure to provide a proper hearing would render the adjudication invalid and would result in a remand. See also Callahan v. Pennsylvania State Police, 494 Pa. 461, 431 A.2d 946 (1981).