reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 95 - COUNTY CORRECTIONAL INSTITUTIONS › Subchapter B - ADMINISTRATIVE STANDARDS, REGULATIONS AND FACILITIES › COUNTY JAILS › Section 95.235 - Work programs

Current through Register Vol. 54, No. 28, July 13, 2024
The following are the minimum requirements applicable
						  to inmate work programs:
(1) Written
						local policy must identify any authorized inmate work programs such as work
						assignment program, industries program, public works/community service program
						or work release program. Written local policy must specifically prohibit prison
						staff from using their official position to secure privileges for themselves or
						others in association with an inmate work program.
(2) Written local policy must identify
						whether sentenced inmates may be required to participate in a work program
						based upon availability. Unsentenced inmates may not be required to participate
						in a work program, but may request involvement in a work program.
(3) Written local policy must require that
						inmates who participate in a work program (other than personal housekeeping and
						housing area cleaning) receive compensation. Written local policy must specify
						the type and amount of compensation.
(4) Written local policy must require that
						inmates be provided appropriate clothing, supplies and tools for any work
						assignment program, industries program or public works/community service
						program. The inmate must receive direction on the proper use of any equipment
						or tools to be used by the inmate during any work assignment program,
						industries program or public works/community service program.
(5) Written local policy must specify that
						there may be no discrimination regarding access to a work program based on an
						inmate's race, religion, national origin, gender or disability.
The provisions of this §
														95.235 amended under section 506
							 of The Administrative Code of 1929 (71 P. S. §
															186); and section 3(3) and (4) of the act of
							 December 27, 1965 (P. L. 1237, No. 502) (61 P. S. §
															460.3(3) and
							 (4)).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 95 - COUNTY CORRECTIONAL INSTITUTIONS › Subchapter B - ADMINISTRATIVE STANDARDS, REGULATIONS AND FACILITIES › COUNTY JAILS › Section 95.236 - Access to legal resources

Current through Register Vol. 54, No. 28, July 13, 2024
The following are the minimum requirements applicable
						  to access to legal resources:
(1) To
						enable inmates to exercise their right of access to the courts, inmates shall
						be permitted access to adequate legal resources. Written local policy shall
						provide a means of assistance for an inmate that does not speak
						English.
(2) County wardens shall
						have discretion in determining the type of legal resources to be made available
						to ensure inmates can exercise their right to access to the courts.
The provisions of this §
														95.236 amended under section 506
							 of The Administrative Code of 1929 (71 P. S. §
															186).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 95 - COUNTY CORRECTIONAL INSTITUTIONS › Subchapter B - ADMINISTRATIVE STANDARDS, REGULATIONS AND FACILITIES › COUNTY JAILS › Section 95.237 - Religion

Current through Register Vol. 54, No. 28, July 13, 2024
The following are the minimum requirements applicable
						  to religion:
(1) Written local policy
						must provide that each prisoner shall be allowed to satisfy the needs of his
						religious life consistent with the orderly administration of the
						prison.
(2) Written local policy
						must require that individuals seeking to provide religious guidance to inmates
						be screened and selected by the prison administrator or a designee.
(3) Written local policy must provide for the
						accommodation of religious practices consistent with the security needs and
						orderly administration of the prison. The policy must describe the procedure
						for reviewing an inmate request for accommodation of a religious practice or
						activity.
(4) Written local policy
						must provide that inmates are permitted to possess religious objects consistent
						with the security needs and orderly administration of the prison. The policy
						must describe the procedure for reviewing an inmate request to possess
						religious objects that would otherwise be considered contraband.
(5) Written local policy must provide for the
						accommodation of special foods, diets and fasts as part of an inmate's
						religious practices consistent with the security needs and orderly
						administration of the prison. The policy must describe the procedure for
						reviewing an inmate request for accommodation of these practices.
The provisions of this §
														95.237 amended under section 506
							 of The Administrative Code of 1929 (71 P. S. §
															186); and section 3(3) and (4) of the act of
							 December 27, 1965 (P. L. 1237, No. 502) (61 P. S. §
															460.3(3) and
							 (4)).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 95 - COUNTY CORRECTIONAL INSTITUTIONS › Subchapter B - ADMINISTRATIVE STANDARDS, REGULATIONS AND FACILITIES › COUNTY JAILS › Section 95.238 - Recreation

Current through Register Vol. 54, No. 28, July 13, 2024
The following are the minimum requirements applicable
						  to recreation:
(1) Jails shall provide
						all prisoners at least 2 hours daily, physical exercise in the open, weather
						permitting. If the weather is inclement, each inmate shall have 2 hours
						physical exercise daily indoors.
(2) Written local policy shall describe the
						prison's recreational programming for inmates.
(3) Physical exercise schedules for males,
						females and juveniles shall be arranged to provide for segregation. Jail
						administrators may separate inmates further based on age, vulnerability and
						other appropriate security criteria.
(4) Inmates under disciplinary status or
						segregation shall receive 1 hour of outdoor activity 5 days a week.
The provisions of this §
														95.238 amended under section 506
							 of The Administrative Code of 1929 (71 P. S. §
															186).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 95 - COUNTY CORRECTIONAL INSTITUTIONS › Subchapter B - ADMINISTRATIVE STANDARDS, REGULATIONS AND FACILITIES › COUNTY JAILS › Section 95.239 - Commissary and other funds

Current through Register Vol. 54, No. 28, July 13, 2024
The following are the minimum requirements that apply
						  to commissaries and other funds:
(1)
						County prisons may provide commissary services if the county so
						chooses.
(2) Written local policy
						must require that funds associated with commissary services be audited and
						reported on an annual basis by an independent party using generally accepted
						accounting principles.
(3) Written
						local policy must describe a fiscal system that accounts for all income and
						expenditures on an ongoing basis. Methods for collecting, safeguarding and
						disbursing moneys must comply with generally accepted accounting principles. A
						financial audit of the prison shall be conducted annually by a certified,
						independent party using generally accepted accounting principles. The financial
						audit must result in an opinion that either affirms or disaffirms the accuracy
						of the records or accounts.
(4)
						Written local policy must require that funds associated with inmate telephone
						services be audited and reported to the governing county prison authority on an
						annual basis by an independent party using generally accepted accounting
						principles.
(5) Written local
						policy must require that funds associated with an industries program and a work
						release program be audited and reported to the governing county prison
						authority on an annual basis by an independent party using generally accepted
						accounting principles.
The provisions of this §
														95.239 amended under section 506
							 of The Administrative Code of 1929 (71 P. S. §
															186); and section 3(3) and (4) of the act of
							 December 27, 1965 (P. L. 1237, No. 502) (61 P. S. §
															460.3(3) and
							 (4)).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 95 - COUNTY CORRECTIONAL INSTITUTIONS › Subchapter B - ADMINISTRATIVE STANDARDS, REGULATIONS AND FACILITIES › COUNTY JAILS › Section 95.240 - Inmate disciplinary procedures

Current through Register Vol. 54, No. 28, July 13, 2024
The following are the minimum requirements applicable
						  to inmate disciplinary procedures:
(1)
						Written local policy must identify a disciplinary process that provides clear
						notice of prohibited behavior and consistently applied sanctions for violations
						of prison rules. Disciplinary procedures governing inmate rule violations must
						address the following:
(i) Rules.
(ii) Minor and major infractions.
(iii) Criminal offenses.
(iv) Disciplinary reports.
(v) Prehearing actions.
(vi) Prehearing detention.
(vii) Appeal of disciplinary
						decisions.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 95 - COUNTY CORRECTIONAL INSTITUTIONS › Subchapter B - ADMINISTRATIVE STANDARDS, REGULATIONS AND FACILITIES › COUNTY JAILS › Section 95.241 - Security

Current through Register Vol. 54, No. 28, July 13, 2024
The following are the minimum requirements applicable
						  to security:
(1)
Supervision
						of inmates.
Written local policy must provide for the following:
(i) The number of staff required to maintain
						care, custody and control of the inmate population on a 24-hour basis. Staff
						used to maintain the care, custody and control of the inmate population shall
						meet the minimum training requirements of §
													95.221 (relating to
						personnel).
(ii) An initial
						staffing analysis shall be conducted by the prison administrator or a designee
						to determine the staffing allotment and post assignments necessary to safely
						operate the prison. In determining the number of staff needed, relief factors
						are to be calculated for each classification of staff that is assigned to
						relieve posts or positions. The staffing analysis shall be reviewed and
						documented on an annual basis by the prison administrator. Information on the
						number and type of positions filled and vacant shall be available for review by
						the Department's inspectors.
(iii)
						Assignments/posts shall be staffed without regard to gender except where
						reasonable accommodation to inmate privacy cannot be maintained. Prison staff
						of the opposite gender to that of the inmate population may not be given
						assignments/posts that require continuous and open viewing of unclothed
						inmates. When both male and female inmates are housed in the prison, at least
						one male corrections staff member and one female corrections staff member shall
						be on duty at all times.
(iv)
						Inmates may never be permitted to assume any authority over other inmates.
						Inmates may not be permitted access to prison employe records, the records of
						other inmates or other prison records.
(v) The prison shall maintain a 24-hour
						secure control center for monitoring and coordinating the prison's security,
						life safety and communications systems.
(vi) The prison administrator or assistant
						prison administrator and management staff designated by the prison
						administrator shall visit the prison's living and activity areas at least
						monthly to encourage contact with staff and inmates and observe living and
						working conditions. The visit shall be documented.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 95 - COUNTY CORRECTIONAL INSTITUTIONS › Subchapter B - ADMINISTRATIVE STANDARDS, REGULATIONS AND FACILITIES › COUNTY JAILS › Section 95.242 - Statistical/informational reporting

Current through Register Vol. 54, No. 28, July 13, 2024
The following are the minimum requirements applicable
						  to the collection of statistics and other information by the Department:
(1)
Monthly county prison and jail
						data.
Written local policy must provide that a completed County Data
						Monthly Report (Population Information) be submitted to the Department on
						designated report forms or by other available approved methods. The County Data
						Monthly Report (Population Information) shall be submitted within 30 days of
						the end of the reporting month.
(2)
Report of extraordinary occurrence.
Written local policy must
						provide for the following:
(i) County prisons
						shall submit to the Department a completed County Extraordinary Occurrence
						Monthly Report (Incident Information) on designated report forms or by other
						available approved methods. The County Extraordinary Occurrence Monthly Report
						(Incident Information) shall be submitted within 30 days of the end of the
						reporting month.
(ii) An incident
						qualifies as an extraordinary occurrence when an incident involves one or more
						of the following and meets the associated conditions:
TYPE OF INCIDENT
ONLY COMPLETE IF
Death
-
All cases
Natural
Accidental
Homicide
Suicide
Escape
-
Law enforcement referral
Actual
Walk-a-Way
Attempt
Infectious Diseases/ Communicable
									 Diseases
-
Department of Health reporting
									 required
Mental Health
									 Commitment
-
All cases
Mental Health 302
Mental Health 304
Attempted Suicide
-
Medical treatment beyond immediate first aid or
									 mental health referral or both
Use Of Force
Physical Restraints
									 Chemical agent
-
Whenever utilized for other than routine use of
									 restraints during inmate movement/escort/transportation
Stun device
Baton
Firearms
Assault
On Staff By Inmate On
									 Inmate By Staff On Inmate By Inmate
-
Medical treatment beyond immediate first aid or
									 law enforcement referral or both
Sexual Assault/
-
All Cases
Allegation of Sexual
									 ASSAULT
On Inmate by Inmate
On Inmate by Staff
Emergency
Fire Disturbance Hostage
									 Bomb threat Terrorism Biological/chemical Utility outages
									 Evacuation/relocation
-
Outside agency assistance or law enforcement
									 referral or both
(iii) An inciden<Tablet qualifies as an
						extraordinary occurrence when an incident involves an inmate, prison employe,
						contractor, volunteer or visitor in a situation occurring within the prison, on
						prison property or while an inmate is under custody of the prison, or during
						the performance of a prison employe's official duties.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 95 - COUNTY CORRECTIONAL INSTITUTIONS › Subchapter B - ADMINISTRATIVE STANDARDS, REGULATIONS AND FACILITIES › COUNTY JAILS › Section 95.243 - Treatment services

Current through Register Vol. 54, No. 28, July 13, 2024
The following are the minimum requirements applicable
						  to treatment services:
(1) Written
						local policy must:
(i) Designate that the
						delivery of treatment services shall be supervised by a treatment professional
						who is employed by the prison, someone under contract with the prison or who
						serves as a volunteer.
(ii)
						Identify treatment services.
(iii)
						Designate who is responsible to provide each treatment service.
(iv) Identify the number of hours provided
						per week for each treatment service and the total number of hours provided per
						week for all treatment services.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 95 - COUNTY CORRECTIONAL INSTITUTIONS › Subchapter B - ADMINISTRATIVE STANDARDS, REGULATIONS AND FACILITIES › COUNTY JAILS › Section 95.245 - Incoming publications

Current through Register Vol. 54, No. 28, July 13, 2024
The following are the minimum requirements applicable
						  to incoming publications:
(1) Written
						local policy must specify the procedure for receiving, reviewing and allowing
						publications into the prison, including the searching of incoming publications
						for contraband.
(2) Written local
						policy must establish the criteria for prohibiting a publication from coming
						into the prison, including the defining of obscene material. Incoming
						publications may be read and examined by the prison administrator or a
						designee. The criteria for prohibiting a publication from coming into the
						prison must be related to maintaining the order, security or safety of the
						prison or the exclusion of obscene material.
(3) Written local policy must identify the
						procedure for allowing access to both recreational and instructional reading
						materials for use by inmates.
The provisions of this §
														95.245 amended under section 506
							 of The Administrative Code of 1929 (71 P. S. §
															186); and section 3(3) and (4) of the act of
							 December 27, 1965 (P. L. 1237, No. 502) (61 P. S. §
															460.3(3) and
							 (4)).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 95 - COUNTY CORRECTIONAL INSTITUTIONS › Subchapter B - ADMINISTRATIVE STANDARDS, REGULATIONS AND FACILITIES › COUNTY JAILS › Section 95.246 - Investigations; deaths and sexual assaults/allegations

Current through Register Vol. 54, No. 28, July 13, 2024
The following are the minimum requirements for
						  investigation of:
(1)
Deaths
. Written local policy must provide for the procedure to
						be followed in the event of the death of an inmate, prison employe, volunteer,
						contractor or visitor. The policy must provide for the following:
(i) Immediate notification of the coroner and
						the appropriate law enforcement agency by the prison administrator or a
						designee when an inmate dies within the prison, on prison property or while in
						the custody of prison staff.
(ii)
						Immediate notification of the coroner and the appropriate law enforcement
						agency by the prison administrator or a designee when a prison employe,
						volunteer, contractor or visitor dies within the prison, on prison property or
						while in the performance of official duties.
(iii) Identification of the coroner and the
						law enforcement agency to be notified.
(iv) Identification of the staff person
						responsible for coordinating investigative efforts with the coroner and the law
						enforcement agency and completing and submitting a report to the governing
						county prison authority.
(v)
						Documentation and reporting of any death to the Department and the United
						States Department of Justice.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 95 - COUNTY CORRECTIONAL INSTITUTIONS › Subchapter B - ADMINISTRATIVE STANDARDS, REGULATIONS AND FACILITIES › COUNTY JAILS › Section 95.247 - Notification

Current through Register Vol. 54, No. 28, July 13, 2024
The following are the minimum requirements applicable
						  to notification:
(1) Written local
						policy must provide for prompt notification by prison authorities of an
						inmate's listed emergency contact in the event of the inmate's death, serious
						illness or serious injury. The policy must also provide for prompt notification
						to an inmate in the event of the death, serious illness or serious injury to
						the inmate's immediate family member.
(2) Written local policy, in accordance with
						sections 201 and 214 of the Crime Victims Act (18 P. S. §§
													11.201 and
						11.214), must establish a
						victim notification procedure. The procedure must identify how victims register
						for notification, the circumstances for which victims are notified, how this
						information will be maintained in a confidential manner and who is responsible
						for notifying the victim. If the inmate is a State prisoner on writ for local
						court proceedings, the county prison shall immediately contact the State
						correctional institution from which the inmate was transferred when
						circumstances exist requiring notification of the victim. In this instance,
						disclosure to the victim will then be handled by the Department.
The provisions of this §
														95.247 amended under section 506
							 of The Administrative Code of 1929 (71 P. S. §
															186); and section 3(3) and (4) of the act of
							 December 27, 1965 (P. L. 1237, No. 502) (61 P. S. §
															460.3(3) and
							 (4)).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 95 - COUNTY CORRECTIONAL INSTITUTIONS › Subchapter C - GRANTS TO COUNTIES FOR PRISON CONSTRUCTION › Section 95.401 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
The purpose of this chapter is to provide an equitable
						and thorouogh process of reviewing applications for grants provided for in the
						act. Criteria for review are given to allow the applicant the best possible
						opportunity to be successful in achieving a grant award.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 95 - COUNTY CORRECTIONAL INSTITUTIONS › Subchapter C - GRANTS TO COUNTIES FOR PRISON CONSTRUCTION › Section 95.402 - Applicability

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter sets out policy and procedure for providing
						grants to counties for the repair, expansion, construction, reconstruction,
						rehabilitation, improvement of local county correctional facilities or
						multicounty regional prison facilities or the purchase of electronic monitoring
						equipment for alternative sentencing programs. This chapter applies to grant
						applications submitted by counties to the Department for funding under the
						act.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 95 - COUNTY CORRECTIONAL INSTITUTIONS › Subchapter C - GRANTS TO COUNTIES FOR PRISON CONSTRUCTION › Section 95.403 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
						have the following meanings, unless the context clearly indicates
						otherwise:
Act
-The Prison Facilities Improvement
						Act (61 P. S. §§
												390.101-390.1303).
Application for completed
						construction
-The term includes an application for a grant for work
						completed 5 years before the date of the grant application.
Application for funds
-An application for
						funding for construction occurring after December 21, 1989 and for work begun 5
						years prior to the date the county submitted a letter to the Department
						indicating an intent to apply for grant funds.
Applicant
-A county or multicounty
						regional authority.
Construction
-The preparation of drawings
						and specifications for facilities; erecting, building, altering, demolishing,
						remodeling, improving or extending the facilities; and the inspection and
						supervision of the construction of the facilities. The term does not include an
						interest in land.
Department
-The Department of Corrections
						of the Commonwealth.
Expansion of a prison facility
-The
						construction or renovation of a local correctional facility that increases
						available bed space. The term includes improving support facilities that
						directly relate to an increase in the number of inmates that may be
						housed.
Grant agreement
-A grant application
						signed by county officials who are empowered to legally and financially
						obligate the county to a contractual relationship between the county and the
						Commonwealth, which when executed obligates the county and its officials to
						comply with this chapter and representations made in the application.
Local correctional facility
or
prison facility
-A jail, prison or detention facility operated by a
						county or jointly by more than one county and used for the confinement of
						persons for safe custody. The term does not include a facility used for the
						detention or confinement of juveniles.
Matching funds
-Funds that are generated
						by the county government either through taxes or the sale of municipal matching
						funds bonds, or county funds expended or committed for the development of an
						Intermediate Punishment Plan and the operation of an Intermediate Punishment
						Program under the act. The term does not include funds received from the State
						or Federal governments through subsidy, grants or
						entitlement.
This section cited in 37 Pa. Code §
													95.404 (relating to grant
						  application criteria).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 95 - COUNTY CORRECTIONAL INSTITUTIONS › Subchapter C - GRANTS TO COUNTIES FOR PRISON CONSTRUCTION › Section 95.404 - Grant application criteria

Current through Register Vol. 54, No. 28, July 13, 2024
The three categories of grants are described as
						follows:
(1)
Past
					 work.
A grant is available to a county which has completed an
					 expansion of its prison facilities within 5 years of the date of the grant
					 application as defined by section 714(4) of the act (61 P. S. §
												390.714(4)). An application
					 for these funds shall be received by the Department from September 1, 1991 to
					 December 31, 1991. These grants will not exceed $1 million, and the grants
					 shall be matched by funding in a like amount by the county from county funds. A
					 grant will not be awarded until the applicant submits an intermediate
					 punishment plan to the Commission on Crime and Delinquency, as required by the
					 County Intermediate Punishment Act (61 P. S. §§
												1101-1114). An application for a grant shall
					 be divided into individual sections, providing the following information, and
					 in the following order:
(i)
Description of project.
A description of the county
					 correctional system including: existing community corrections, diversion or
					 related programs, age of facilities, staffing of facilities, court orders that
					 were filed before July 1, 1990 against the county concerning the correctional
					 facility or the conditions of confinement. The description shall include the
					 rated capacity of the facilities as of July 1, 1990, and how the rated capacity
					 is determined. Priority will be given to an applicant which was at or exceeding
					 115% of rated capacity as of July 1, 1990.
(ii)
Amount of grant.
The
					 amount of the grant being requested.
(iii)
Amount of previously expended
					 funds.
The amount of funds expended by the applicant for the repair,
					 expansion, construction, reconstruction, rehabilitation and improvement of
					 local correctional facilities and the source of the funds (Federal, State,
					 county or other), to include a detailed description of the capital
					 expenditures.
(iv)
Other.
Other information the applicant wishes to
					 provide.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 95 - COUNTY CORRECTIONAL INSTITUTIONS › Subchapter C - GRANTS TO COUNTIES FOR PRISON CONSTRUCTION › Section 95.405 - Processing grant applications

Current through Register Vol. 54, No. 28, July 13, 2024
Upon receiving a grant application, the Department will
						review the information for completeness and accuracy. If the information is
						found to be incomplete or inaccurate, additional data may be requested and
						final processing of the application will be discontinued until the requested
						data is supplied by the applicant. The Department may terminate the processing
						of an incomplete or inaccurate application if additional data is not supplied
						to the Department within 30 days after a written request.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 95 - COUNTY CORRECTIONAL INSTITUTIONS › Subchapter C - GRANTS TO COUNTIES FOR PRISON CONSTRUCTION › Section 95.406 - Guidelines for the evaluation of grant applications

Current through Register Vol. 54, No. 28, July 13, 2024
The Commissioner of the Department will award grants
						based on a consideration of the grant application guidelines. The decision will
						be based on, and keeping with the legislative intent of the
						act.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 95 - COUNTY CORRECTIONAL INSTITUTIONS › Subchapter C - GRANTS TO COUNTIES FOR PRISON CONSTRUCTION › Section 95.407 - Award of grant

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Grants for
					 completed construction will be awarded first and will not exceed $1 million per
					 applicant. The date of the grant application may be fixed by submitting a
					 letter to the Department expressing interest in receiving a grant.
(b) A grant approved by the Department shall
					 be matched by funding in a like amount by the county from county funds. If
					 Federal funding becomes available for the construction of local correctional
					 facilities, both the county shares shall be reduced in like proportion. Prior
					 to receiving the grant proceeds, the applicant shall give evidence that
					 matching funds-excluding in-kind services, land or equipment-for the project
					 were utilized for completed construction or are available and committed for
					 projects begun after December 21, 1989.
(c) The award of the grant is contingent upon
					 the applicant's signing of a grant agreement provided by the Department and
					 funds being available in the Local Criminal Justice Fund as defined in section
					 708 of the act (61 P. S. §
												390.708).
(d) The Department's financial obligation is
					 limited to the amount of the grant. The Department is not responsible for
					 funding cost overruns incurred by the applicant.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 95 - COUNTY CORRECTIONAL INSTITUTIONS › Subchapter C - GRANTS TO COUNTIES FOR PRISON CONSTRUCTION › Section 95.408 - Records and reports

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 applicant shall maintain books, records and other evidence pertinent to costs
					 incurred in connection with the grant project. The books and records shall be
					 mainitained according to generally accepted accounting principles.
(b) Financial records, supporting documents,
					 statistical records and other records pertaining to the grant project shall be
					 retained by the applicant for 3 years following the date payment is made. The
					 records and documents shall be available for inspection or audit by the
					 Commonwealth, its agencies and instrumentalities.
(c) The applicant shall provide the
					 Department reports on the progress of the grant project as requested, at least
					 annually.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 96 - RECIDIVISM RISK REDUCTION INCENTIVE-STATEMENT OF POLICY › Section 96.1 - Authority and purpose

Current through Register Vol. 54, No. 28, July 13, 2024
(a) On
				  September 25, 2008, the RRRI was established under the act. The RRRI seeks to
				  improve public safety by encouraging eligible offenders to complete programs
				  that scientific evidence suggests may reduce the risk that the offender will
				  commit a future crime. Eligible offenders generally are low-risk offenders who
				  have not committed personal injury crimes as defined in the Crime Victims Act
				  (18
				  P. S. §§
											11.101-11.5102), any
				  violation of 18 Pa.C.S. Chapter 61 (relating to the Uniform Firearms Act) or
				  certain other enumerated offenses. A judge sentencing an eligible offender to
				  confinement in the Department generally is required to impose both a
				  traditional minimum sentence and an RRRI minimum sentence equal to 3/4 of the
				  minimum sentence if the traditional minimum sentence is 3 years or less and to
				  5/6 of the minimum sentence if the traditional minimum sentence is greater than
				  3 years.
(b) The Department will
				  conduct an assessment of the treatment needs and risks of eligible offenders it
				  receives using Nationally recognized assessment tools. The results of the
				  assessment will be used to develop a program plan that is designed to reduce
				  the risk of recidivism using RRRI programs. An RRRI program is a program that
				  scientific evidence suggests may reduce the risk that an offender will commit
				  additional crimes. An offender who successfully completes the program plan,
				  maintains a good conduct record and continues to remain an eligible offender
				  can be paroled on the RRRI minimum sentence date unless the Board determines
				  that parole would present an unreasonable risk to public safety or that other
				  specified conditions have not been satisfied.
(c) This chapter was established under the
				  acts, and is intended to inform judges, prosecutors, defense counsel,
				  defendants, court personnel and the general public about the RRRI.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 96 - RECIDIVISM RISK REDUCTION INCENTIVE-STATEMENT OF POLICY › Section 96.3 - RRRI programs

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Before designating a program as an RRRI program, the Department will publish
				  for public comment a detailed description of the program, the types of
				  offenders who will be eligible to participate in the program, the name and
				  citation of research reports that demonstrate the effectiveness of the proposed
				  program and the name and address of a Department contact person responsible for
				  receiving public comment. Publication will be made by placing the description
				  on the Department's public web site (
www.cor.state.pa.us
) as well as publishing
				  the description in the
Pennsylvania Bulletin
and delivering a
				  copy of the list to the Judiciary Committee of the Senate, the Judiciary
				  Committee of the House of Representatives, the Board, the Pennsylvania
				  Commission on Sentencing and the Victim Advocate.
(b) Public comment will be received for at
				  least 60 days following the date of publication in the
Pennsylvania
				  Bulletin
. The Department will consider public comment received prior
				  to designating a program as an RRRI program.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 96 - RECIDIVISM RISK REDUCTION INCENTIVE-STATEMENT OF POLICY › Section 96.4 - Commitment documents

Current through Register Vol. 54, No. 28, July 13, 2024
The Department's Court Commitment Form (DC-300B) has been
					 modified to enable the entry of the traditional minimum sentence, an RRRI
					 minimum sentence and a maximum sentence. The DC-300B also includes an area in
					 which court officials can indicate if the attorney for the Commonwealth waived
					 the eligibility requirements. The DC-300B is included in the Administrative
					 Office of the Pennsylvania Courts' electronic docketing
					 system.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 96 - RECIDIVISM RISK REDUCTION INCENTIVE-STATEMENT OF POLICY › Section 96.5 - Assessment and program plan

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  Department will assess the treatment needs and risks of every defendant
				  sentenced to an RRRI minimum sentence. Assessments will be made using
				  Nationally-recognized assessment tools that have been normed and
				  validated.
(b) The Department will
				  develop a program plan designed to reduce the risk of recidivism through the
				  use of RRRI programs that are appropriate for the particular defendant. The
				  program plan may also include non-RRRI programs that the Department in its sole
				  discretion believes are appropriate for the particular defendant.
(c) Each defendant sentenced to an RRRI
				  minimum sentence will be advised and asked to acknowledge that he is required
				  to successfully complete the program plan. If the defendant refuses to sign the
				  acknowledgement, a Department staff member will note the refusal to sign the
				  acknowledgement.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 96 - RECIDIVISM RISK REDUCTION INCENTIVE-STATEMENT OF POLICY › Section 96.6 - Notification to the Board and certification

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department will, in a manner agreed
				  to between the Board and the Department, inform the Board when a defendant who
				  is scheduled for parole review is serving an RRRI minimum sentence.
(b) For each defendant serving an RRRI
				  minimum sentence, the Department will, in a manner agreed to between the Board
				  and the Department, and if appropriate, certify to the Board that the following
				  conditions have been met:
(1) The Department
				  conducted an appropriate assessment of the treatment needs and risks of the
				  defendant using Nationally-recognized assessment tools that have been normed
				  and validated.
(2) The Department
				  developed a program plan based upon the assessment that was designed to reduce
				  the risk of recidivism through the use of RRRI programs authorized and approved
				  under the act that were appropriate for the particular defendant.
(3) The Department advised the defendant that
				  he was required to successfully complete the program plan.
(4) The defendant successfully completed all
				  required RRRI programs or other programs designated in the program
				  plan.
(5) The defendant maintained
				  a good conduct record following imposition of the RRRI minimum sentence. For
				  purposes of this paragraph, generally a defendant may be deemed to have
				  maintained good conduct if he incurred no more than one Class 1 misconduct or
				  two Class 2 misconducts while incarcerated with the Department. However,
				  reviewing staff shall have discretion to certify or refuse to certify that a
				  defendant maintained good conduct based upon the totality of the defendant's
				  conduct with the Department.
(6)
				  The defendant continues to be an eligible offender.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 96a - TEMPORARY TRANSFERS FOR COUNTY COURTS-STATEMENT OF POLICY › Section 96a.1 - Authority and purpose

Current through Register Vol. 54, No. 28, July 13, 2024
On September 25, 2008, Governor Rendell signed into law Act
					 82 of 2008 that amended section 1 of the act of July 11, 1923 (P. L. 1044, No.
					 425), known as the Prisoner Transfer Law (61 P. S. §
											72) (act). The legislation requires the
					 Secretary of Corrections to temporarily transfer a State inmate to facilitate
					 his transportation to a judicial proceeding. This chapter is published under
					 the authority conferred under section 1(b)(4) of that act.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 96a - TEMPORARY TRANSFERS FOR COUNTY COURTS-STATEMENT OF POLICY › Section 96a.2 - Procedure for requesting temporary transfer

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A court may request that the Department
				  of Corrections (Department) temporarily transfer a State inmate for purposes of
				  attending a judicial proceeding by forwarding to the Department's Office of
				  Population Management at least 14 days prior to the date of the judicial
				  proceeding, an order that does the following:
(1) Determines that the Constitution of the
				  United States or the Constitution of Pennsylvania does not permit the inmate's
				  testimony or participation in the judicial proceeding to be conducted by
				  videoconferencing technology and that the inmate's presence is required for the
				  judicial proceeding.
(2) Directs
				  that the inmate be returned to the institution from which he was temporarily
				  transferred at the completion of the judicial proceeding.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 96a - TEMPORARY TRANSFERS FOR COUNTY COURTS-STATEMENT OF POLICY › Section 96a.3 - Multiple requests for transfer

Current through Register Vol. 54, No. 28, July 13, 2024
An inmate who has been removed from a State correctional
					 institution by a government official authorized by the court directing the
					 presence of the inmate for a judicial proceeding shall be detained in the
					 county prison if the inmate has been temporarily transferred more than twice in
					 the preceding 6 months or the judicial proceeding is scheduled to last more
					 than 1 week.
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 97.101 - Authority and purpose

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This
				  chapter is published under the act and establishes the DOTP administered by the
				  Department. This chapter is intended to inform judges, prosecutors, defense
				  counsel, defendants and the general public about the DOTP.
(b) The DOTP is a form of State intermediate
				  punishment that provides a sentencing alternative for a person who commits a
				  drug-related offense as defined in the act. The DOTP offers a sentencing
				  alternative that punishes a person who commits a drug-related offense, but also
				  provides treatment that offers the opportunity for the person to address the
				  drug or alcohol addiction or abuse issues related to their criminal
				  behavior.
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 97.103 - Commitment for assessment

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Prior
				  to imposing sentence, the court may, upon motion of the Commonwealth and
				  agreement of the defendant, commit a defendant to the custody of the Department
				  for the purpose of evaluating whether the defendant would benefit from a DOTP
				  and whether placement in a DOTP is appropriate.
(b) The committing county shall deliver a
				  defendant committed to the custody of the Department for purposes of an
				  evaluation to the institution the Department has designated for reception of
				  inmates from that county. The defendant shall be housed in a State correctional
				  institution while undergoing the evaluation. The following documents shall be
				  delivered to the Department simultaneously with the defendant's arrival. The
				  Department may refuse to accept for evaluation a defendant who is delivered to
				  the Department by the county without all the documents listed as follows:
(1) A certified copy of the order committing
				  the defendant to the Department's custody for purposes of an
				  evaluation.
(2) A summary of the
				  offense for which the inmate has been convicted, including the criminal
				  complaint and police report summarizing the facts of the crime, if available,
				  or a copy of the affidavit of probable cause accompanying the arrest
				  warrant.
(3) A record of the
				  defendant's adjustment in the county correctional facility, including,
				  misconducts and escape history.
(4)
				  Any current medical or psychological condition requiring treatment, including,
				  suicide attempts.
(5) Any medical
				  admission testing performed by the county and the results of those tests,
				  including, hepatitis, HIV/AIDS, tuberculosis or other infectious disease
				  testing.
(6) A notice of current
				  and previously administered medications. The notice must include the name and
				  dosage of the medications provided to the inmate while incarcerated in the
				  county as well as over-the-counter medications used by the inmate and known to
				  the county. The notice must list medications provided or used during the
				  preceding calendar year.
(7) A 48
				  hour supply of current medications.
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 97.105 - DOTP Selection Committee

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  Participant Selection Committee shall consist of the Diagnostic and
				  Classification Center Director or a designee, the Deputy Superintendent
				  responsible for the Diagnostic and Classification Center or a designee, and the
				  Chief of the Department's Central Office Treatment Division or a
				  designee.
(b) The Participant
				  Selection Committee shall apply the participant selection criteria to determine
				  whether a defendant will benefit from a DOTP and whether the participant's
				  placement in a DOTP is appropriate.
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 97.106 - Participant selection criteria

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An eligible offender, as that term is
				  defined in the act, may be selected to be a participant in a DOTP. The
				  Participant Selection Committee will consider all information relevant to
				  determining which defendants are most likely to benefit from a DOTP by becoming
				  productive, law-abiding members of society by addressing their abuse of or
				  addiction to alcohol or other drugs. Selection criteria will include, but not
				  necessarily be limited to, the following:
(1)
				  Information furnished to the Department by the sentencing court.
(2) The results of the assessment of
				  addiction and other treatment needs conducted by the Department.
(3) The length of the sentence that would be
				  typically imposed under the standard range of the sentencing guidelines
				  promulgated by the Pennsylvania Commission on Sentencing.
(4) The eligible offender's motivation to
				  participate meaningfully in a DOTP.
(5) Whether the eligible offender has
				  provided to the Department written consent permitting the release of
				  information pertaining to the eligible offender's participation in a
				  DOTP.
(6) The eligible offender's
				  criminal history.
(7) The eligible
				  offender's escape or parole absconder history.
(8) The eligible offender's institutional
				  adjustment during current and prior incarcerations.
(9) The availability of the Department's
				  programming resources.