reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 46 - Nonnarcotic Medication Assisted Substance Abuse Treatment Grant Pilot Program › Section 4605 - Powers and duties of department

§ 4605. Powers and duties of department.
(a) General rule.--
The department shall:
(1) Establish a form for counties to apply for grant funding under the pilot program.
(2) Establish criteria for counties making application for grant funding under the pilot program.
(3) Develop or approve training and instructional materials for the law enforcement community about opioid and alcohol addiction and the proper and effective use of nonnarcotic medication assisted substance abuse treatment in consultation with the appropriate State agencies, including, but not limited to, the Department of Drug and Alcohol Programs, the Department of Human Services, the Department of Health, the Pennsylvania Board of Probation and Parole and the Pennsylvania Commission on Crime and Delinquency.
(4) Make a form available to providers to be used to confirm that an offender is eligible for and enrolled in the pilot program.
(5) Set forth the basis for medical providers to be reimbursed and for medical providers to be reimbursed for counseling services.
(6) Promulgate any rules and regulations necessary to implement this chapter.
(b) Limitation on grant awards.--
Grant awards shall be at the discretion of the department and shall be limited to amounts annually appropriated to the department for the pilot program.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 46 - Nonnarcotic Medication Assisted Substance Abuse Treatment Grant Pilot Program › Section 4606 - Prior authorization

§ 4606. Prior authorization.
Long-acting injectable naltrexone shall be approved as part of a prior authorization process by any Medicaid managed care plan operating under contract with the Commonwealth for eligible offenders enrolled in the pilot program and receiving comprehensive substance abuse treatment which includes the monitoring of medication adherence upon their release from county correctional institutions. Within 90 days of the effective date of this section, the Department of Human Services shall issue a bulletin notice to instruct Medicaid managed care plans that approval for the use of long-acting injectable naltrexone must be granted if the eligible offenders are enrolled in the pilot program upon their release from county correctional institutions.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 46 - Nonnarcotic Medication Assisted Substance Abuse Treatment Grant Pilot Program › Section 4607 - Report to General Assembly

§ 4607. Report to General Assembly.
Within 18 months of the effective date of this section, the department shall issue a report to the Judiciary Committee of the Senate and the Appropriations Committee of the Senate and the Judiciary Committee of the House of Representatives and the Appropriations Committee of the House of Representatives evaluating the effectiveness of the pilot program. The report shall include:
(1) The number of eligible offenders to whom long-acting nonnarcotic, nonaddictive medication assisted treatment was administered.
(2) The number of eligible offenders who completed the program of long-acting nonnarcotic, nonaddictive medication assisted treatment.
(3) Recidivism rates of eligible offenders to whom long-acting nonnarcotic, nonaddictive medication assisted treatment was administered.
(4) The average amount of grants awarded to counties.
(5) The number of providers available to meet the requirements provided in section 4603 (relating to county participation requirements) on a county-by-county basis.
(6) The impact of the use of long-acting nonnarcotic, nonaddictive medication assisted treatment on treatment outcomes and any potential cost savings.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 46 - Nonnarcotic Medication Assisted Substance Abuse Treatment Grant Pilot Program › Section 4608 - Construction

§ 4608. Construction.
Nothing in this act shall be construed to create an entitlement or a right of an eligible offender to receive treatment upon release from a county correctional institution.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 47 - Community Corrections Facilities › Section 4701 - Definitions

§ 4701. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Community corrections facility."
A residential facility operated by a private contractor that:
(1) houses offenders pursuant to a contract with the Department of Corrections; and
(2) is operated in accordance with Chapter 50 (relating to community corrections centers and community corrections facilities).
(July 5, 2012, P.L.1050, No.122, eff. July 1, 2013)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 47 - Community Corrections Facilities › Section 4702 - Public hearing required

§ 4702. Public hearing required.
(a) General rule.--
(1) A private vendor who intends to submit a bid to the department pursuant to a request for proposal for beds in a community corrections facility shall conduct a public hearing in the municipality of the proposed site.
(2) Paragraph (1) shall not apply to a bid submitted as the result of a renewal for an existing contract at a facility which has been in use for a minimum of five years.
(b) Conduct of hearing.--
At the public hearing, the private vendor shall explain the operation of the community corrections facility and shall permit public comments relating to the site and operation of the facility.
(c) Transcript.--
The private vendor shall submit a transcript of the public hearing to the department as part of its bid pursuant to the request for proposal.
(d) Department review.--
The department shall review the transcript and shall consider the substance of the public comments when awarding a contract pursuant to the request for proposal.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 47 - Community Corrections Facilities › Section 4703 - Public notice

§ 4703. Public notice.
(a) Public notice.--
The private vendor shall provide notice of the public hearing in a newspaper of general circulation on at least two different dates prior to the hearing. Each notice shall provide information regarding topic, location and time of the public hearing and a contact number for interested persons to call for additional information. The private vendor shall submit notarized statements attesting to the publishing of the notices to the department as part of its bid pursuant to the request for proposal.
(b) Notice to municipality.--
The private vendor shall send a copy of the notice of the public hearing to the governing body of the municipality where the proposed site is located.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 49 - Safe Community Reentry › Section 4902 - Definitions

§ 4902. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Community-based programs."
Programs which are administered and operated outside of a correctional institution.
"Community organization."
A community, faith-based or other private charitable organization which is organized as a nonprofit corporation or nonprofit unincorporated association under the laws of the United States or this Commonwealth which is authorized to do business in this Commonwealth as a nonprofit corporation or unincorporated association under the laws of this Commonwealth.
"Institutional-based programs."
Programs which are administered and operated within a correctional institution.
"Offender."
An inmate in a correctional institution or a person released from incarceration. The term shall not include an inmate serving a sentence of life imprisonment or death.
"Program."
The Safe Community Reentry Program established in this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 49 - Safe Community Reentry › Section 4903 - Safe Community Reentry Program

§ 4903. Safe Community Reentry Program.
(a) Program established.--
The department and the board shall jointly establish a Safe Community Reentry Program to reduce recidivism and ensure the successful reentry of offenders into the community.
(b) Assessment and plan.--
(1) The department shall assess each offender entering into the State correctional system to determine which treatment services, programs and skills the offender needs to develop to be successful in the community following the offender's release.
(2) The department or the board shall assist each offender in developing a reentry plan for the offender. The reentry plan shall include the offender's educational, employment, housing and treatment needs as appropriate and necessary to encourage the successful transition and reintegration of the offender into the community.
(3) The department or the board shall endeavor to coordinate the specifics of the offender's reentry plan with the educational, vocational training and treatment services that will be provided to the offender during the offender's incarceration.
(c) Transition and reintegration programs.--
The department may identify a comprehensive network of transition and reintegration programs to address the needs of offenders released from incarceration.
(d) Community organizations.--
(1) The department and the board may use community organizations and other nonprofit and for-profit entities to assist the department and the board in meeting the needs of offenders reentering the community.
(2) The department and the board may develop and maintain a list of community organizations and other nonprofit and for-profit entities available to provide services. Community organizations and other nonprofit and for-profit entities may provide services, including education, vocational training, treatment services, support with finding housing and employment and may help with family issues and other elements of life after incarceration.
(3) The department and the board may refer offenders to community organizations and other nonprofit and for-profit entities on the list.
(e) Sharing of information.--
The department and the board may share information about offenders with the entities the department and the board contract with under section 4904 (relating to contract for services) and other agencies and providers of services as necessary to adequately assess and address the needs of each offender. The following shall apply:
(1) No person having access to any report, record or other information prepared or assembled under this chapter shall disclose the report, record or information without the permission of the department or the board.
(2) Nothing under this subsection shall be construed to permit the department or the board to disclose information where disclosure is prohibited under Federal or State law or regulations.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 50 - Community Corrections Centers and Community Corrections Facilities › Extra - Chapter Notes

Enactment.
Chapter 50 was added July 5, 2012, P.L.1050, No.122, effective in 180 days.
Cross References.
Chapter 50 is referred to in sections 4103, 4701, 6101 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 50 - Community Corrections Centers and Community Corrections Facilities › Section 5001 - Definitions

§ 5001. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Board."
The Pennsylvania Parole Board.
"Chairman."
The chairman of the Pennsylvania Parole Board.
"Community corrections center."
A residential program that is supervised and operated by the department in accordance with this chapter.
"Community corrections facility."
A residential facility operated by a private contractor that:
(1) houses offenders pursuant to a contract with the department; and
(2) is operated in accordance with this chapter.
(June 30, 2021, P.L.260, No.59, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 50 - Community Corrections Centers and Community Corrections Facilities › Section 5002 - Department

§ 5002. Department.
The department may do all of the following:
(1) Establish community corrections centers at locations throughout this Commonwealth approved by the Governor.
(2) Enter into contracts with private vendors to operate community corrections facilities.
(3) Establish parole violator centers.
(June 30, 2021, P.L.260, No.59, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 50 - Community Corrections Centers and Community Corrections Facilities › Section 5003 - Offenders who may be housed

§ 5003. Offenders who may be housed.
(a) Community corrections centers, parole violator centers and community corrections facilities.--
The following offenders may be housed in community corrections centers, parole violator centers and community corrections facilities:
(1) An offender paroled by the board who is in good standing as defined in section 6101 (relating to definitions).
(2) An offender paroled by the board who:
(i) Except as provided in subparagraph (ii), is detained or awaiting a hearing or who has been recommitted for a technical violation of the conditions of supervision if the offender is eligible to be housed in a community corrections center, parole violator center or community corrections facility under section 6138 (relating to violation of terms of parole).
(ii) Subparagraph (i) shall not apply to an offender paroled by the board who is detained pending resolution of criminal charges as a convicted violator under section 6138(a) or awaiting a hearing or who has been recommitted.
(3) (Deleted by amendment).
(4) (Deleted by amendment).
(5) (Expired).
(b) Community corrections centers and community corrections facilities.--
The following offenders may be housed in community corrections centers and community corrections facilities:
(1) An offender who is serving the community-based portion of a sentence in a State drug treatment program.
(2) An offender who has been granted clemency by the Governor.
(June 30, 2021, P.L.260, No.59, eff. imd.)
2013 Expiration.
Paragraph (5) expired July 1, 2013. See Act 122 of 2012.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 50 - Community Corrections Centers and Community Corrections Facilities › Section 5004 - Authority of Commonwealth employees

§ 5004. Authority of Commonwealth employees.
Commonwealth employees of community corrections centers and parole violator centers and other Commonwealth employees present in community corrections facilities have the authority to do all of the following:
(1) In order to maintain security and to enforce the rules of the community corrections center, parole violator center or community corrections facility:
(i) search the person and property of an offender residing in the community corrections center, parole violator center or community corrections facility;
(ii) seize property from an offender residing in the community corrections center, parole violator center or community corrections facility; and
(iii) if necessary, use reasonable force against an offender residing in the community corrections center or community corrections facility.
(2) Detain, by using reasonable force if necessary, an offender residing in the community corrections center, parole violator center or community corrections facility to maintain control of the offender pending the arrival of a department parole agent, police officer or other appropriate law enforcement officer.
(June 30, 2021, P.L.260, No.59, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 50 - Community Corrections Centers and Community Corrections Facilities › Section 5005 - Authority of chairman

§ 5005. Authority of chairman.
The chairman has the following authority:
(1) (Deleted by amendment).
(2) (Deleted by amendment).
(3) Determine, jointly with the secretary, using evidence-based practices designed to reduce the likelihood of recidivism and improve public safety, the appropriate treatment and programming for offenders paroled by the board who are housed at community corrections centers, parole violator centers and community corrections facilities.
(4) Audit, jointly with the secretary, the performance of treatment and services provided by community corrections centers, parole violator centers and community corrections facilities.
(June 30, 2021, P.L.260, No.59, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 50 - Community Corrections Centers and Community Corrections Facilities › Section 5006 - Escape

§ 5006. Escape.
An offender detained or recommitted to a community corrections center, parole violator center or a community corrections facility as a result of a parole violation shall be deemed to be in official detention under 18 Pa.C.S. § 5121 (relating to escape). An offender living in a community corrections center or community corrections facility while in good standing on parole shall not be deemed to be in official detention under 18 Pa.C.S. § 5121.
(June 30, 2021, P.L.260, No.59, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 50 - Community Corrections Centers and Community Corrections Facilities › Section 5007 - Certain offenders residing in group-based homes

§ 5007. Certain offenders residing in group-based homes.
(a) Notification requirement.--
(1) A group-based home located within a county of the sixth, seventh or eighth class that agrees to provide housing to an individual knowing that the individual has been previously convicted of an offense under 18 Pa.C.S. § 2502 (relating to murder) or a substantially similar offense committed in another jurisdiction shall notify the head of the governing body of the municipality and the county in which the group-based home is located that the individual is staying at the group-based home.
(2) The notification required under paragraph (1) shall be sent by certified mail within 48 hours of the individual's arrival at the group-based home and shall include the following information:
(i) Name of the individual, including all known aliases.
(ii) Date of the individual's arrival at the group-based home.
(iii) The individual's expected length of stay at the group-based home.
(iv) Contact information for the group-based home.
(b) Public hearing.--
(1) The governing body of a municipality or county receiving notification from a group-based-home provider under subsection (a) may conduct a public hearing concerning the group-based-home provider, its site and its operations.
(2) All hearings shall be conducted in compliance with 65 Pa.C.S. Ch. 7 (relating to open meetings). A governing body conducting a public hearing under this subsection shall announce the hearing via posting on its official publicly accessible Internet website no less than two weeks prior to the hearing. The announcement shall provide information regarding the purpose, location, date and time of the public hearing and a contact number for interested persons to call in order to obtain additional information about the hearing.
(3) At a public hearing under this subsection, the group-based-home provider shall explain the operation of the group-based home and the governing body conducting the hearing shall permit public questions and comments.
(c) Definitions.--
As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:
"Group-based home."
A nonprofit or for-profit entity that maintains a facility that provides housing to individuals on probation or parole or other individuals previously convicted of crimes. The term shall not include a correctional institution or a facility maintained by a domestic violence program.
(June 30, 2021, P.L.260, No.59, eff. imd.)
2021 Amendment. Act 59 added section 5007.
Cross References.
Section 5007 is referred to in sections 9799.25, 9799.55 of Title 42 (Judiciary and Judicial Procedure).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 50 - Community Corrections Centers and Community Corrections Facilities › Section 5008 - Reporting

§ 5008. Reporting.
The department shall ensure that any crime committed within a community corrections center or community corrections facility is immediately reported to the appropriate law enforcement agency with jurisdiction over the community corrections center or community corrections facility.
(June 30, 2021, P.L.260, No.59, eff. imd.)
2021 Amendment.
Act 59 added section 5008.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 57 - Department of Human Services Facilities › Section 5702 - Seclusion prohibited for pregnant or postpartum child

§ 5702. Seclusion prohibited for pregnant or postpartum child.
(a) General rule.--
Except as provided under subsection (c), a pregnant or postpartum child may not be involuntarily placed in seclusion in any facility in this Commonwealth.
(b) Alternative discipline.--
Forms of discipline for a pregnant or postpartum child shall be limited to sanctions, including restrictions on telephone usage or visitation or other common forms of alternative discipline used in the United States.
(c) Exceptions.--
A pregnant or postpartum child may be placed in seclusion only as a temporary response to behavior that poses a serious and immediate risk of physical harm to the pregnant or postpartum child, another child, the unborn child of the pregnant child or staff. The following apply:
(1) The decision to place a pregnant or postpartum child in seclusion under this subsection must be approved by the individual in charge of the facility.
(2) The rationale for the decision to use seclusion must be documented as required by section 5708 (relating to reports relating to pregnant or postpartum child).
(3) No period of seclusion in excess of seven days may be approved.
(d) Bed assignments.--
The facility may not assign a pregnant child to any bed that is elevated more than three feet from the floor of the facility.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 57 - Department of Human Services Facilities › Section 5703 - Body cavity search and inspection restrictions

§ 5703. Body cavity search and inspection restrictions.
(a) Body cavity search and inspection restrictions.--
To the greatest extent possible:
(1) Only a health care professional shall conduct an invasive body cavity search of a pregnant child.
(2) If a search is required, staff shall accommodate the child's stated preference regarding the gender of the staff to be present in the room during the search except in cases of exigent circumstances as determined by the facility director or designee.
(b) Documentation requirement.--
If a health care professional is required to perform an invasive body cavity search on a pregnant child, or the child's stated preference regarding the gender of the staff present in the room during a search while the child is in a state of undress is not met, staff shall submit a written report to the individual in charge of the facility within 72 hours following the body cavity search or inspection. The report under this subsection shall:
(1) Include the justification for performing the body cavity search or failing to honor the child's stated preference regarding the gender of the staff performing the inspection.
(2) Note if any contraband was found on the child.
(3) Be sent to the department.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 57 - Department of Human Services Facilities › Section 5704 - Training and education requirement

§ 5704. Training and education requirement.
(a) Facility staff training.--
The facility shall provide or arrange a training program for staff who have contact with a pregnant, laboring or postpartum child. The training program shall be related to the physical and mental health of the pregnant or postpartum child and unborn baby, including:
(1) The general care of a pregnant child.
(2) The impact of restraints on a pregnant child and unborn baby.
(3) The impact of being placed in seclusion on a pregnant child.
(4) The impact of invasive searches on a pregnant child.
(5) Any other pertinent information the department finds appropriate or necessary.
(b) Facility staff training exceptions.--
If the facility prohibits the placement of a pregnant child as a matter of policy, the facility may submit a written exemption reporting that there is no risk of staff interacting with a pregnant child housed in the facility. The following apply:
(1) The exemption under this subsection shall apply only to the facility, not the individual staff of the facility.
(2) All facility staff that come in contact with a pregnant child shall complete the training under this section.
(3) If facility staff work at more than one institution, the staff must receive the required training at the nonexempt facility.
(c) Education programming for a pregnant child.--
The facility shall develop and provide educational programming for a pregnant or postpartum child. The educational programming shall be related to:
(1) Medical screenings related to reproductive and overall health, including preventive screenings.
(2) Prenatal care.
(3) Pregnancy-specific hygiene.
(4) The impact of alcohol and drugs on the unborn baby.
(5) General health of the unborn baby.
(6) Any other pertinent information the department finds appropriate or necessary.
(d) Trauma-informed care.--
(1) The individual in charge of a facility shall, as necessary, ensure that the facility provides quality trauma-informed care to a child.
(2) Trauma-informed care for a child shall begin immediately upon the child's intake and assessment at a facility.
(3) Facility staff shall have no fewer than four hours of professional training related to trauma-informed care, which shall include the following:
(i) Training to identify a child with trauma.
(ii) Training on how and when to refer a child to the proper health care professionals, including preventive health care and mental health care.
(iii) Training on how to interact with and empower a child who has experienced trauma.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 57 - Department of Human Services Facilities › Section 5706 - Menstrual hygiene and incontinence products

§ 5706. Menstrual hygiene and incontinence products.
(a) Issuance of menstrual hygiene products.--
(1) A facility shall supply menstrual hygiene products each month to a child who is menstruating at no cost to the child regardless of financial means.
(2) A child may not be required to show proof of need or to undergo a medical examination or obtain a medical permit, authorization or diagnosis to receive the products under subsections (b) and (c).
(b) Menstrual hygiene products provided.--
A choice of at least two sizes or absorbencies of sanitary pads and tampons shall be available to a child who is menstruating in a facility or if requested from medical staff.
(c) Issuance of hygiene products related to bladder control and incontinence.--
A supply of products for bladder control and incontinence, including adult diapers and protective undergarments, shall be provided to a child, including a postpartum child, who requires the products each month at no cost to the child, regardless of financial means.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 57 - Department of Human Services Facilities › Section 5707 - Postpartum recovery

§ 5707. Postpartum recovery.
(a) Restraints during postpartum recovery.--
No restraints shall be used on any child who has given birth within the last 30 days and is in postpartum recovery, unless the department has a reasonable belief that the child will harm the child, the child's newborn or another individual or pose a substantial risk of imminent flight. If restraints are used, the staff ordering the use of restraints on a child while in postpartum recovery shall submit a written report to the individual in charge of the facility within 72 hours following the use of the restraints, containing the justification for restraining the child during postpartum recovery. The report shall also be sent to the department.
(b) Postdelivery bonding period.--
Subject to hospital policy, following the delivery of a newborn, the department shall permit the newborn to remain with the child at the hospital for 72 hours unless a health care professional has a reasonable belief that the newborn remaining with the child poses a health or safety risk to the newborn.
(c) Nutritional and hygiene products.--
During the 72-hour period under subsection (b), the department shall make available the necessary nutritional and hygiene products to care for the newborn.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 57 - Department of Human Services Facilities › Section 5708 - Reports relating to pregnant or postpartum child

§ 5708. Reports relating to pregnant or postpartum child.
(a) Requirement.--
A facility shall, in writing, report to the department on each restraint applied to a pregnant, laboring or postpartum child in the facility's custody. The following apply:
(1) The report shall note the number and type of restraints.
(2) The provisions of this subsection shall apply to any person tasked with transporting or housing a pregnant or postpartum child.
(b) Contents of report.--
Reports of each restraint or placement of a child as required under subsection (a) must include the following:
(1) The circumstances that led to the determination that the child represented a substantial risk of imminent flight.
(2) The circumstances that led to the determination that other extraordinary medical or security circumstances dictated that the child be restrained to ensure the safety and security of the child, the staff of the facility or medical facility, another child or the public.
(3) The date and time restraints were applied and the length of time the child was kept in restraints.
(4) The number and type of restraints used.
(5) Any physical effects on the child or the unborn baby of a child resulting from placement in the restraints.
(c) Staff presence during labor.--
If staff presence is required, staff shall accommodate the child's stated preference regarding the gender of the staff to be present in the room during the examination, labor or delivery of the pregnant child, except in cases of exigent circumstances as determined by the facility director or designee.
(d) Availability of reports.--
The nonidentifying data contained in the reports submitted to the department shall be posted on the department's publicly accessible Internet website annually. No identifying information, such as names or dates of birth, shall be posted.
Cross References.
Section 5708 is referred to in section 5702 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 59 - Miscellaneous Provisions › Section 5901 - Physical welfare of inmates

§ 5901. Physical welfare of inmates.
(a) Physical exercise.--
(1) A chief administrator who may or shall have in charge any inmate, whether the inmate has been tried or not, shall provide the inmate with at least two hours of daily physical exercise in the open, weather permitting, and, upon such days on which the weather is inclement, with two hours of daily physical exercise inside of the correctional institution.
(2) The physical exercise must be safe and practical, and the judges of several courts are to be the judges thereof.
(3) Inmates in segregation or disciplinary status shall receive a minimum of at least one hour of daily exercise five days per week.
(b) Limitation.--
The physical exercise required by subsection (a) shall not be taken by an inmate within the confines of his cell or room in which the inmate is confined.
(c) Applicability.--
This section shall not apply to inmates who are confined and not physically able to take the required physical exercise.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 59 - Miscellaneous Provisions › Section 5903 - Inmate uniforms

§ 5903. Inmate uniforms.
While incarcerated, an inmate of a State correctional institution shall wear identifiable prison uniforms and shall not wear civilian clothing.
Special Provisions in Appendix.
See section 10 of Act 33 of 2009 in the appendix to this title for special provisions relating to applicability.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 59 - Miscellaneous Provisions › Section 5904 - Assessment and collection of costs

§ 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 59 - Miscellaneous Provisions › Section 5905.1 - Restrictive housing prohibited for pregnant or postpartum incarcerated individuals and detainees

§ 5905.1. Restrictive housing prohibited for pregnant or postpartum incarcerated individuals and detainees.
(a) Restrictive housing prohibited.--
Except as provided under subsection (c), a pregnant or postpartum incarcerated individual or detainee may not be involuntarily placed in restrictive housing in any correctional institution in this Commonwealth.
(b) Alternative discipline.--
Forms of discipline for pregnant and postpartum incarcerated individuals or detainees shall be limited to sanctions, including restrictions on telephone usage or visitation or other common forms of alternative discipline used in the United States.
(c) Exceptions.--
A pregnant or postpartum incarcerated individual or detainee may be placed in restrictive housing only as a temporary response to behavior that poses a serious and immediate risk of physical harm to the pregnant or postpartum incarcerated individual or detainee, another incarcerated individual or detainee, the unborn child of the pregnant incarcerated individual or detainee or staff. The following shall apply:
(1) The decision to place a pregnant or postpartum incarcerated individual or detainee in restrictive housing under this subsection must be approved by the chief administrator.
(2) The rationale for the decision under this subsection must be documented as required by section 1104 (relating to State recording system relating to pregnant and postpartum incarcerated individuals or detainees).
(3) No period of restrictive housing shall exceed seven days without additional approval and documented rationale, as required by section 1104, of the chief administrator. There shall be a minimum of 24 hours between each restrictive placement absent extraordinary circumstances.
(d) Bed assignments.--
The correctional institution may not assign a pregnant incarcerated individual or detainee to any bed that is elevated more than three feet from the floor of the facility.
(e) Definition.--
As used in this section, the term "postpartum" means the eight-week period, or longer as determined by the health care professional responsible for the health and safety of the incarcerated individual or detainee, following childbirth.
(Dec. 14, 2023, P.L.396, No.47, eff. 180 days)
2023 Amendment.
Act 47 added section 5905.1.
Cross References.
Section 5905.1 is referred to in section 1758 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 59 - Miscellaneous Provisions › Section 5906 - Confidentiality of victim information

§ 5906. Confidentiality of victim information.
(a) General rule.--
Notwithstanding any other provision of law, any and all statements or testimony of the victim and of any family member submitted to the department shall be:
(1) Deemed confidential and privileged.
(2) Not be subject to subpoena or discovery.
(3) Not be introduced into evidence in any judicial or administrative proceeding.
(4) Not be released to the inmate.
(b) Records.--
All records maintained by the department pertaining to victims shall be kept separate. Current address, telephone numbers and any other personal information of the victim and family members shall be deemed confidential.
(c) Disclosure prohibited.--
Notwithstanding any other provision of law, no person who has had access to a report, record or any other information under this section shall disclose the content of the report, record or other information or testify in a judicial or administrative proceeding without the written consent of the victim.
(Oct. 27, 2010, P.L.931, No.95, eff. imd.; Dec. 18, 2019, P.L.776, No.115, eff. imd.)
2019 Amendment.
Act 115 amended subsec. (a) intro. par.
2010 Amendment.
Act 95 added section 5906.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 59 - Miscellaneous Provisions › Section 5907 - Oleoresin capsicum spray

§ 5907. Oleoresin capsicum spray.
(a) Issuance.--
The department shall issue, on a routine basis, oleoresin capsicum spray to:
(1) Any officer or employee of the department who:
(i) is employed by and on duty in a State correctional institution; and
(ii) may respond to an emergency situation.
(2) To additional officers and employees of a State correctional institution as the department determines appropriate, in accordance with this section.
(b) Training.--
The following shall apply:
(1) In order for an officer or employee of the department, including a corrections officer, to be eligible to receive and carry oleoresin capsicum spray under this section, the officer or employee shall complete a training course in accordance with department policy on the use of oleoresin capsicum spray.
(2) An officer or employee of the department who completes a training course under paragraph (1) and subsequently transfers to employment at a different State correctional institution shall not be required to complete an additional training course solely due to the transfer.
(3) An officer or employee of the department who completes a training course required under paragraph (1) shall do so during the course of that officer's or employee's regular employment and shall be compensated at the same rate that the officer or employee would be compensated for conducting the officer's or employee's regular duties.
(c) Use of oleoresin capsicum spray.--
Officers and employees of the department that are issued oleoresin capsicum spray under subsection (a) may use the spray in accordance with department policy, including:
(1) in any situation where verbal direction given to inmates has failed and staff may have to use physical force to maintain or regain control;
(2) when an inmate barricades or arms himself and cannot be approached without danger to personnel and the inmate; or
(3) when it is determined that a delay in establishing control would constitute a hazard to the inmate or other individuals or would result in a disturbance or property damage.
(Nov. 21, 2016, P.L.1515, No.174, eff. 60 days)
2016 Amendment.
Act 174 added section 5907.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 59 - Miscellaneous Provisions › Section 5908 - Cavity search and inspection restrictions

§ 5908. Cavity search and inspection restrictions.
(a) Cavity search and inspection restrictions.--
To the greatest extent possible:
(1) No staff other than a licensed health care professional shall conduct an invasive body cavity search of a pregnant or postpartum incarcerated individual or detainee.
(2) A correctional institution shall limit searches by male staff, other than medically licensed professional male staff, if a female incarcerated individual or detainee is in a state of undress.
(b) Documentation requirement.--
If staff is required to perform an invasive body cavity search on a pregnant or postpartum incarcerated individual or detainee, or male staff, other than medically licensed professional male staff, is required to conduct a search on a female incarcerated individual or detainee in a state of undress, a written report shall be submitted to the correctional institution within 72 hours following the cavity search or inspection. The report under this subsection shall:
(1) include the justification for performing the cavity search or male staff inspection as required in this subsection;
(2) document and identify any contraband that was found on the incarcerated individual or detainee; and
(3) be sent to the department or the Department of Human Services, as applicable.
(c) Definitions.--
As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:
"Body cavity search."
An invasive search of incarcerated individuals or detainees, conducted by staff in search of contraband, excluding the nose, ears and mouth.
"Staff."
An individual, including contracted staff, who is employed by a correctional institution, the department or the Department of Human Services, excluding any licensed medical professional.
"State of undress."
A state where an incarcerated or detained female is partially or fully naked, either in the shower, toilet areas, a medical examination room or while a body cavity search is being conducted.
(Dec. 14, 2023, P.L.396, No.47, eff. 180 days)
2023 Amendment.
Act 47 added section 5908.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 59 - Miscellaneous Provisions › Section 5910 - Feminine hygiene and incontinence products

§ 5910. Feminine hygiene and incontinence products.
(a) Issuance of feminine hygiene products relating to menstruation.--
A supply of feminine hygiene products shall be provided to all incarcerated individuals and detainees who are menstruating in a correctional institution each month at no cost to the incarcerated individuals and detainees, regardless of financial means. Incarcerated individuals and detainees shall not be required to show proof of need or to undergo a medical examination or obtain a medical permit, authorization or diagnosis to receive the products under subsection (b).
(b) Feminine hygiene products provided.--
A choice of at least two sizes or absorbencies of sanitary pads shall be distributed to all incarcerated individuals and detainees who are menstruating in a correctional institution or if requested from medical staff.
(c) Feminine hygiene products to be requested.--
A choice of at least two sizes of tampons shall be distributed to incarcerated individuals and detainees who request a tampon from medical staff.
(d) Issuance of feminine hygiene products relating to bladder control and incontinence.--
A supply of products for bladder control and incontinence shall be provided to incarcerated individuals and detainees, including geriatric incarcerated individuals and postpartum incarcerated individuals, who require such products each month at no cost to incarcerated individuals and detainees, regardless of financial means.
(e) Bladder control and incontinence products distribution.--
Adult diapers or protective undergarments shall be distributed to incarcerated individuals who require them.
(f) Rules and regulations.--
The correctional institution shall promulgate rules necessary to implement and enforce the provisions of this section.
(g) Definition.--
As used in this section, the term "feminine hygiene products" means products that women use during menstruation. The term includes tampons and sanitary napkins.
(Dec. 14, 2023, P.L.396, No.47, eff. 180 days)
2023 Amendment.
Act 47 added section 5910.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 59 - Miscellaneous Provisions › Section 5911 - Postpartum recovery

§ 5911. Postpartum recovery.
(a) Restraints during postpartum recovery.--
No restraints shall be used on any incarcerated individual or detainee who has given birth within the last 30 days and is in postpartum recovery, unless the department or the Department of Human Services, as applicable, has a reasonable belief that the incarcerated individual or detainee will harm themselves, their newborn or another individual or pose a substantial risk of imminent flight. If restraints are used, the facility employee ordering the use of restraints on an incarcerated individual or detainee while in postpartum recovery shall submit a written report to the chief administrator of the facility within 72 hours following the use of the restraints, containing the justification for restraining the incarcerated individual or detainee during postpartum recovery. The report shall also be sent to the department or the Department of Human Services, as applicable.
(b) Postdelivery bonding period.--
Following the delivery of a newborn and subject to hospital policies, including length of stay, the department or the Department of Human Services shall permit the child to remain with the mother at the hospital for up to 72 hours unless there is a reasonable belief that the child remaining with the mother presents a health or safety risk to the child.
(c) Definitions.--
As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:
"Postpartum."
The eight-week period, or longer as determined by the health care professional responsible for the health and safety of the incarcerated individual or detainee, following childbirth.
"Substantial risk of imminent flight."
A showing of real and considerable risk of escaping by the incarcerated individual.
(Dec. 14, 2023, P.L.396, No.47, eff. 180 days)
2023 Amendment.
Act 47 added section 5911.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 61 - Pennsylvania Board of Probation and Parole › Extra - Chapter Notes

Enactment.
Chapter 61 was added August 11, 2009, P.L.147, No.33, effective in 60 days.
Cross References.
Chapter 61 is referred to in section 3907 of this title.
Enactment.
Subchapter E was added December 18, 2019, P.L.776, No.115, effective immediately.