Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 97 - STATE INTERMEDIATE PUNISHMENT DRUG OFFENDER TREATMENT PROGRAM › Section 97.116 - Expulsion from a DOTP

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In
				  addition to the provisions of §§
										97.113 and
				  97.114 (relating to treatment
				  sanctions; and disciplinary sanctions), a participant who violates the
				  conditions of his DOTP or who is not constructively participating in his DOTP
				  or who will be unable to complete his DOTP within the period remaining on his
				  24 months sentence may be expelled from participation in a DOTP.
(b) The Department's goal in determining
				  whether to expel a participant from a DOTP will be to take the action it
				  believes will maximize the efficient and effective use of programming resources
				  by continuing to treat those participants it believes will most likely complete
				  and benefit from a DOTP by becoming productive, law-abiding members of society
				  if permitted to participate in continued treatment after being subject to
				  sanctions or a period of suspension, or both.
(c) The Chief of the Department's Central
				  Office Treatment Division or a designee will be responsible for determining
				  whether to expel a participant from a DOTP. The determination whether to expel
				  a participant from a DOTP may be based upon any information deemed appropriate
				  by the Chief of the Department's Central Office Treatment Division or a
				  designee.
(d) A participant who has
				  been expelled from a DOTP may file a grievance with the Deputy Secretary for
				  Reentry and Specialized Programs within 10 calendar days of the date of the
				  expulsion.
(1) The grievance must be legible
				  and the statement of facts may not exceed two pages.
(2) A participant is responsible for
				  including all required documentation with the grievance. Failure to provide
				  relevant documentation may result in the grievance being dismissed.
(3) A participant who is indigent as defined
				  in Department policy DC-ADM 803, "Inmate Mail and Incoming Publications," will
				  be afforded copy service and legal postage up to a maximum of $10 per month and
				  all moneys received in the inmate's account shall be used to pay for the cost
				  of the copies and legal postage. A nonindigent inmate will incur copying
				  charges in accordance with Department policy 3.1.1, "Fiscal
				  Administration."
(4) Documents
				  submitted in support of a grievance will not be returned. The participant
				  should make copies of supporting documents for submission to final
				  review.
(5) The Deputy Secretary
				  for Reentry and Specialized Programs may decide the grievance based upon the
				  documentation presented as well as other information contained within the
				  Department's files and may interview the inmate and any involved staff member
				  or contractor employee by means of videoconferencing if the Deputy Secretary
				  for Reentry and Specialized Programs, in his sole discretion, believes an
				  interview will assist him in understanding and evaluating the
				  grievance.
(6) In reviewing a
				  grievance, the Deputy Secretary for Reentry and Specialized Programs shall
				  determine whether the participant violated the conditions of his DOTP or was
				  meaningfully participating in the DOTP. The Deputy Secretary for Reentry and
				  Specialized Programs may uphold or reverse the expulsion or take any other
				  action that could have been taken by the Chief of the Department's Central
				  Office Treatment Division with respect to the alleged conduct at
				  issue.