reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 93 - STATE CORRECTIONAL INSTITUTIONS AND FACILITIES › Subchapter A - RIGHTS AND PRIVILEGES › Section 93.6 - Religious activities

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Department responsibilities.
The Department will permit
					 inmates to possess approved religious items and make reasonable accommodations
					 for dietary restrictions. The Department will provide chapel facilities at each
					 facility and will permit inmates to request religious accommodations not
					 already being permitted.
(b)
Religious advisors
.
(1) If
					 the facility contains a sufficient number of inmates of the same faith, a
					 qualified representative of that faith from the outside community will be
					 appointed and approved by the facility manager. Qualified representative means
					 a person from the outside community who has received endorsement from his faith
					 group authority. Qualified representatives, staff and volunteers will be
					 permitted to hold services that are consistent with the security needs and
					 orderly administration of the facility.
(2) Each inmate will be permitted to select a
					 religious advisor from the outside community subject to security needs and
					 orderly administration of the facility. This person will be permitted to visit
					 the inmate on an individual basis in accordance with general rules governing
					 visitation.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 93 - STATE CORRECTIONAL INSTITUTIONS AND FACILITIES › Subchapter A - RIGHTS AND PRIVILEGES › Section 93.7 - Telephone calls

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Inmates in
					 general population may make phone calls in accordance with
					 66 Pa.C.S. §
												2907
					 (relating to state correctional institutions) and the
Department of
					 Corrections Inmate Handbook
. Phone calls, except confidential
					 communications between attorneys and inmates, will be subject to monitoring in
					 accordance with
					 18 Pa.C.S. §
												5704
					 (relating to exceptions to prohibition of interception and disclosure of
					 communications).
(b) Phone calls to
					 inmates will be permitted only if approved in advance by the facility manager
					 or a designee.
The provisions of this §
													93.7 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 93 - STATE CORRECTIONAL INSTITUTIONS AND FACILITIES › Subchapter A - RIGHTS AND PRIVILEGES › Section 93.8 - Access to notary service and legal reference materials

Current through Register Vol. 54, No. 28, July 13, 2024
Reasonable access to notary services and the following
						legal reference materials will be afforded to all inmates:
(1) United States and Pennsylvania
					 Constitution.
(2) Federal and
					 Pennsylvania Rules of Civil and Appellate Procedure and local rules of Federal
					 district courts.
(3) Law
					 dictionary.
(4) Case law reporters
					 containing Federal district and circuit court decisions and Pennsylvania
					 appellate court decisions.
(5)
					 Title 18 U.S.C., 28
					 U.S.C. A. §§ 2241-2255 and
					 42 U.S.C.A. §§
												1981-1985.
(6) Titles 18 and 42 of the
Pennsylvania Consolidated Statutes
and Titles 35 and 61,
Purdon's Pennsylvania Statutes
.
(7) Digest of Pennsylvania cases including
					 volumes relating to criminal law and the table of cases.
(8) Other materials which may assist inmates
					 to prepare their own legal documents.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 93 - STATE CORRECTIONAL INSTITUTIONS AND FACILITIES › Subchapter A - RIGHTS AND PRIVILEGES › Section 93.9 - Inmate complaints

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 Department will maintain an inmate grievance system which will permit any
					 inmate to seek review of problems which the inmate experiences during the
					 course of confinement. The system will provide for review and resolution of
					 inmate grievances at the most decentralized level possible. It will also
					 provide for review of the initial decision making and for possible appeal to
					 the Central Office of the Department. An inmate will not be disciplined for the
					 good faith use of the grievance systems. However, an inmate who submits a
					 grievance for review which is false, frivolous or malicious may be subject to
					 appropriate disciplinary procedures. A frivolous grievance is one in which the
					 allegations or the relief sought lack any arguable basis in fact as set forth
					 in DC-ADM 804-Inmate Grievance System, which is disseminated to
					 inmates.
(b) Inmates may also
					 pursue available remedies in State and Federal court.
The provisions of this §
													93.9 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 93 - STATE CORRECTIONAL INSTITUTIONS AND FACILITIES › Subchapter A - RIGHTS AND PRIVILEGES › Section 93.10 - Inmate discipline

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Rules
					 which define expectations and prohibitions for inmate behavior will be
					 established by the Department and disseminated to the inmate population. There
					 shall be two classes of misconduct charges, Class I and Class II.
(1) Inmates found guilty of Class I
					 misconduct charges may be subjected to one or more of the following sanctions:
(i) Reduction of the classification of the
					 misconduct to a Class II and any sanction permitted for Class II
					 misconducts.
(ii) A sanction
					 permitted for Class II misconducts, without change in class of
					 misconduct.
(iii) Change of cell
					 assignment, including placement in the restricted housing unit or restrictive
					 confinement in a general population cell for a period not to exceed 90 days for
					 any one misconduct charge.
(iv)
					 Change of program level.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 93 - STATE CORRECTIONAL INSTITUTIONS AND FACILITIES › Subchapter A - RIGHTS AND PRIVILEGES › Section 93.11 - Housing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An inmate does
					 not have a right to be housed in a particular facility or in a particular area
					 within a facility.
(b) Confinement
					 in a restricted housing unit (RHU), other than under procedures established for
					 inmate discipline, will not be done for punitive purposes. The Department will
					 maintain written procedures which describe the reasons for housing an inmate in
					 the RHU and require due process in accordance and with established principles
					 of law for an inmate who is housed in the RHU. Inmates confined in the RHU will
					 be reviewed periodically by facility staff.
The provisions of this §
													93.11 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 93 - STATE CORRECTIONAL INSTITUTIONS AND FACILITIES › Subchapter A - RIGHTS AND PRIVILEGES › Section 93.12 - Prison Medical Services Program

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Every institution will establish procedures to permit inmates to have access to
					 health care professionals, prescribed treatment for serious medical needs,
					 appropriate nutrition, exercise and personal hygiene items.
(b) The following words and phrases, when
					 used in this section, have the following meanings unless the context clearly
					 indicates otherwise:
Fee
-The portion of the actual cost of a
						medical service provided to an inmate which the Department has determined shall
						be charged to the inmate.
Health care professional-
(i) Any physician, physician assistant,
					 nurse, dentist, optometric professional or other person licensed to provide
					 health care under the laws of the Commonwealth.
(ii) The term does not include a corrections
					 health care administrator performing the administrative duties of that
					 position.
Inmate
-A person confined to a
						correctional institution, motivational boot camp, community corrections center
						or other facility operated by the Department, its agent or contractor.
Medical service-
(i) The diagnosis, evaluation, treatment or
					 preservation of the health of the human body, including its organs, structures
					 and systems.
(ii) The term includes
					 diagnostic testing, prescribing and administering medication, surgical
					 procedures, dental care, eye care, the furnishing of prosthetics and any other
					 type of treatment or preventative care, whether performed on an inpatient or
					 outpatient basis.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 93 - STATE CORRECTIONAL INSTITUTIONS AND FACILITIES › Subchapter A - RIGHTS AND PRIVILEGES › Section 93.13 - Procedure in the event of an inmate death

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Every inmate will designate a next of kin
					 or friend to be notified and to whom his property may be delivered for
					 safekeeping in the event of his death.
(b) Inmate deaths, except those which occur
					 under medical supervision and as a result of natural causes, shall be promptly
					 investigated by the State Police.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 93 - STATE CORRECTIONAL INSTITUTIONS AND FACILITIES › Subchapter C - MOTIVATIONAL BOOT CAMPS › Section 93.301 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
						subchapter, have the following meanings, unless the context clearly indicates
						otherwise:
Act
-The Motivational Boot Camp Act
						(61
						P. S. §§
												1121-1129).
Secretary
-The Secretary of the
						Department.
Three-tiered approach
-A three-step
						disciplinary process in which an inmate first receives a demerit or demerits.
						Upon receiving ten or more demerits in a 7-day period, the inmate shall appear
						before the deputy commander's review board and may receive restrictions or
						additional duties. The final step is the commander's committee at which point
						an inmate may be removed from the motivational boot camp.
Ventilation therapy
-A group session led
						by a counselor during which inmates are encouraged to discuss problems,
						stressful matters or pressures they are currently experiencing. The objective
						of the discussion is to help inmates identify, explore and ultimately either
						resolve or better cope with the stressors.
The provisions of this §
													93.301 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 93 - STATE CORRECTIONAL INSTITUTIONS AND FACILITIES › Subchapter C - MOTIVATIONAL BOOT CAMPS › Section 93.302 - Selection criteria

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
					 eligible inmate, as that term is defined in section 3 of the act (61 P. S. §
												1123), may be selected by the Department for
					 participation in a motivational boot camp. In selecting inmates for
					 participation in a motivational boot camp, the selection committee will
					 consider all information relevant to whether the inmate is eligible for
					 placement in a motivational boot camp and likely to perform competently while
					 in the motivational boot camp. Selection criteria will include the following:
(1) The written application submitted by the
					 inmate.
(2) Whether the inmate's
					 participation in a motivational boot camp is consistent with the safety of the
					 community.
(3) Whether the inmate's
					 participation in a motivational boot camp is consistent with the welfare of the
					 inmate.
(4) Whether the inmate's
					 participation in a motivational boot camp is consistent with the objectives of
					 the Department.
(5) The health and
					 physical condition of the inmate.
(6) The inmate's criminal history.
(7) The inmate's escape history.
(8) The inmate's institutional adjustment
					 during current and prior incarcerations.
(9) Outstanding detainers or parole warrants,
					 or both, for the inmate.
(10) The
					 inmate's psychological profile.
(11) The submittal of a signed memorandum of
					 understanding as required by section 6(c) of the act (61 P. S. §
													1126(c)).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 93 - STATE CORRECTIONAL INSTITUTIONS AND FACILITIES › Subchapter C - MOTIVATIONAL BOOT CAMPS › Section 93.303 - Selection committee

Current through Register Vol. 54, No. 28, July 13, 2024
(a) There
					 shall be a motivational boot camp selection committee in each diagnostic and
					 classification center operated by the Department.
(b) Each selection committee shall be
					 composed of the following individuals:
(1) The
					 diagnostic center director or a corrections counselor supervisor, or
					 both.
(2) A lieutenant or
					 corrections counselor, or both.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 93 - STATE CORRECTIONAL INSTITUTIONS AND FACILITIES › Subchapter C - MOTIVATIONAL BOOT CAMPS › Section 93.304 - Administration

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department
					 will administer motivational boot camps at sites to be determined by the
					 Department.
(b) Each motivational
					 boot camp will operate under the administrative supervision of the Secretary or
					 a designee.
The provisions of this §
													93.304 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 93 - STATE CORRECTIONAL INSTITUTIONS AND FACILITIES › Subchapter C - MOTIVATIONAL BOOT CAMPS › Section 93.305 - Supervision/organizational structure

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each
					 motivational boot camp will be organized as a paramilitary unit with a
					 supervisory structure consisting of a camp commander, a deputy commander and
					 area commanders.
(b) The inmates
					 will be organized into platoons consisting of no more than 50 inmates per
					 platoon.
(c) Each platoon shall
					 have at least two Department drill instructors.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 93 - STATE CORRECTIONAL INSTITUTIONS AND FACILITIES › Subchapter C - MOTIVATIONAL BOOT CAMPS › Section 93.306 - Curriculum

Current through Register Vol. 54, No. 28, July 13, 2024
Each motivational boot camp shall consist of the
						following curriculum:
(1) Rigorous
					 physical activity.
(2) Intensive
					 regimentation and discipline.
(3)
					 Work on public and community projects.
(4) Substance abuse treatment.
(5) Continuing education.
(6) Vocational training.
(7) Prerelease counseling.
(8) Ventilation therapy.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 93 - STATE CORRECTIONAL INSTITUTIONS AND FACILITIES › Subchapter C - MOTIVATIONAL BOOT CAMPS › Section 93.307 - Inmate discipline

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 list of the rules to be followed by inmates participating in a motivational
					 boot camp will be provided to an inmate during orientation to the motivational
					 boot camp.
(b) Serious rule
					 infractions which constitute Class I misconducts listed in DC-ADM
					 801-
Inmate Discipline
-may result in an inmate's expulsion from
					 a motivational boot camp.
(c) Minor
					 rule infractions which constitute Class II misconducts listed in the DC-ADM
					 801-
Inmate Discipline
-will be dealt with according to a
					 three-tiered approach.
(d) Inmates
					 can be suspended or removed from a motivational boot camp for reasons other
					 than violations of disciplinary rules, such as receipt by the Department of
					 additional detainers or changes which make the inmate ineligible for the
					 program or reasons which in the opinion of the commander make the inmate
					 unsuitable for the motivational boot camp or detrimental to the motivational
					 boot camp.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 93 - STATE CORRECTIONAL INSTITUTIONS AND FACILITIES › Subchapter C - MOTIVATIONAL BOOT CAMPS › Section 93.308 - Staff training

Current through Register Vol. 54, No. 28, July 13, 2024
Staff directly involved with a motivational boot camp
						shall undergo a minimum of 4 weeks of intensive training in addition to
						training required of all Department employes.
(1) This training shall include instruction
					 on the boot camp's programs including the drug and alcohol program, drill and
					 ceremony, the role model concept and physical training.
(2) Training shall also include instruction
					 on the goals and philosophy of the boot camp as well as basic
					 security.
(3) Drill instructors
					 shall receive the training along with a 5-month on-the-job training program
					 including a 2-week training assignment at a training center for Department
					 drill instructors.
(4) Training for
					 drill instructors shall include physical training of groups, drill and
					 ceremony, leadership development and assessment, professional sensitivity and
					 awareness, counseling techniques and instructional methods.
(5) Employes will not work as drill
					 instructors until they have received this training and a certificate from the
					 Secretary.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 94 - RELEASE AND PRERELEASE PROGRAMS › Section 94.1 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
It is the goal of the Department to administer its
					 facilities and design programs to provide protection to society through the
					 control and rehabilitation of offenders. In furtherance of that objective and
					 the authority granted to the Department by the act of July 16, 1968 (P. L. 351,
					 No. 173) (61 P. S. §§
											1051-1054), prerelease programs have been
					 established. These programs are designed to provide opportunities for qualified
					 inmates to have access to community resources, to demonstrate self-control and
					 individual responsibility and to begin reintegration into the community.
					 Criteria for participation in prerelease programs are designed to insure that
					 the inmates who are selected to participate are those who will present the
					 least risk to the community, and benefit most from the program, and to offer
					 the opportunities to as many inmates as possible.
The provisions of this §
												94.1 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 94 - RELEASE AND PRERELEASE PROGRAMS › Section 94.2 - Prerelease programs

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Work/educational/vocational training release.
(1)
Work release.
This is a
				  program which enables an inmate to leave the facility and work in the
				  community. The inmate is required to return to the facility at a designated
				  time after the work day.
(2)
Educational/vocational training release.
This is a program
				  which enables an inmate to leave the facility and participate in educational or
				  vocational-technical training. The inmate is required to return to the facility
				  at a designated time after completion of training for the day.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 94 - RELEASE AND PRERELEASE PROGRAMS › Section 94.4 - Application process

Current through Register Vol. 54, No. 28, July 13, 2024
Application for prerelease programming shall be initiated
					 by the inmate to his counselor, or if necessary, on the inmate's behalf by the
					 counselor. Criteria in §
										94.3(a)(1), (3)-(5), (8) and
					 (9) (relating to the procedures for
					 participation in prerelease programs) shall be met prior to submission to the
					 facility manager for his approval. The process may begin a reasonable time
					 prior to the time the inmate becomes time-eligible.
The provisions of this §
												94.4 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 94 - RELEASE AND PRERELEASE PROGRAMS › Section 94.5 - Notification process

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If
				  the facility manager approves an inmate's application for prerelease transfer,
				  the facility manager shall notify the sentencing judge or if the sentencing
				  judge is unavailable, the sentencing court, and the prosecuting district
				  attorney's office by certified mail, of the inmate's proposed prerelease
				  program. Comments will be considered.
(b) If the inmate has not finished his
				  minimum sentence and an objection is received from the judge, or court if the
				  judge is unavailable, within 30 days of the receipt of the proposed prerelease
				  plan, representatives of the Department will contact the judge or court and if
				  necessary arrange for a meeting to attempt to resolve the disagreement. If,
				  within 20 days of the Department's receipt of the objections, the judge or
				  court does not withdraw the objection and the Department does not withdraw its
				  proposal for transfer, or the judge and the Department do not agree on an
				  alternate proposal for transfer, the Department will refer the matter to the
				  Board for a hearing in accordance with section 2 of the act of July 16, 1968
				  (P. L. 351, No. 173) (61 P. S. §
											1052).
The provisions of this §
												94.5 amended under section 506 of
						The Administrative Code of 1929 (71 P. S. §
													186).
This section cited in 37 Pa. Code §
												94.3 (relating to procedures for
						participation in prerelease
						programs).
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 94 - RELEASE AND PRERELEASE PROGRAMS › Section 94.6 - Staff responsibilities

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  It is the primary responsibility of the inmate's counselor to process the
				  inmate's application for participation in prerelease programs.
(1) The inmate's counselor is responsible for
				  obtaining, integrating and coordinating the information necessary to determine
				  the inmate's eligibility or noneligibility for participation in a prerelease
				  program.
(2) The inmate's counselor
				  will accept and review the inmate's application. If necessary, the counselor
				  may help the inmate initiate this process. The inmate's counselor will also be
				  responsible for having the housing officer, work supervisor and other
				  appropriate staff complete relevant portions of the application and make
				  recommendations concerning prerelease programming.
(3) The inmate's counselor shall verify, with
				  the record officer, the necessary information with respect to the inmate's
				  sentence and detainer status.
(4)
				  The inmate's counselor will review and verify available information relevant to
				  eligibility-for example, presentence investigation report, judge's sentencing
				  notes, classification and reclassification summary records and cumulative
				  adjustment record.
(5) The inmate's
				  counselor will request proper psychological and psychiatric evaluations for
				  those applicants who have a history of mental or emotional disorders, violent
				  crimes or other situations when deemed advisable. The inmate's counselor may
				  contact other persons and agencies to acquire additional information.
(6) When the necessary information has been
				  obtained, the inmate's counselor will refer the application to his supervisors
				  for review.
Pennsylvania Code › Title 37 - LAW › Part III - Agencies and Offices › Subpart B - Department of Corrections › Chapter 94 - RELEASE AND PRERELEASE PROGRAMS › Section 94.7 - Effective date

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter applies to inmates who apply to participate in
					 prerelease programs after February 18, 1984.
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 95.220 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter is designed to encourage county prisons
						  to develop and utilize local policies and procedures that are in keeping with
						  existing State law and recognized professional standards for all sections
						  addressed in this chapter.
The provisions of this §
														95.220 issued 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 95.220b - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
Each section sets forth minimum requirements, which are
						  mandatory.
(1) Every county prison
						shall be subject to an annual prison inspection, except as described in
						paragraph (4), to determine if the prison is in compliance with the minimum
						requirements established by this chapter. An immediate prison inspection may be
						ordered by the Secretary following an emergency situation at a county prison,
						including a riot or disturbance, an escape from secure detention, a fatality
						following a serious assault or an assault by an inmate using a deadly weapon
						resulting in serious injury. An immediate prison inspection ordered under these
						circumstances shall be conducted to determine if the county prison is in
						compliance with the minimum requirements.
(2) The mimimum requirements listed in this
						paragraph are deemed to be essential to the safety and security of the county
						prison, prison staff, inmates and the public:
(i) Section
						95.221(1)-(3) and
						(8) (relating to personnel).
(ii) Section
						95.222(2)
						(relating to admission and release).
(iii) Section
						95.224(1),
						(3)-(5) (relating to rules and
						procedures).
(iv) Section 95.225(1)
						and (2) (relating to classification).
(v) Section
						95.226(1)-(4)
						(relating to housing).
(vi) Section
						95.230(1)-(5) (relating to food services).
(vii) Section
						95.232(1)-(4) and (8)-(12)
						 (relating to medical health
						services).
(viii) Section
						95.240(1) and (9)
						(relating to inmate disciplinary procedures).
(ix) Section 95.241 regarding
						security.
(x) Section
						95.243(4), (5) and
						(7) (relating to treatment
						services).
(xi) Section
						95.248(2), (4), (5) and (7)-(9)
						 (relating to sanitation and
						safety).
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 95.221 - Personnel

Current through Register Vol. 54, No. 28, July 13, 2024
The following minimum requirements apply to personnel
						  at county prisons:
(1) Before being
						assigned duties, all corrections personnel shall be given training as to the
						contents/application of this chapter and in their general and specific
						responsibilities, including the use of force, prohibition on the seeking and
						dispensing of favors to and from the inmate population and instruction in the
						prison's code of conduct and ethics. A record of this training shall be
						documented in each employe's personnel file.
(2) Full time corrections personnel shall
						receive basic training from a training program approved by the Department
						within 12 months of assuming their duties.
(3) Part-time corrections personnel shall be
						provided training required under paragraph (1). Part-time corrections personnel
						who have not completed an approved training program under paragraph (2) may not
						be permitted to work without close supervisory direction by a person who has
						received the training.
(4) Written
						local policy must provide for training and staff development as described in
						paragraphs (1)-(3).
(5) An annual
						training plan shall be prepared that identifies the subjects and number of
						hours required for preassignment, basic and staff development training.
						Training may occur onsite, at an academy or training center, during
						professional meetings, through supervised on-the-job training or computer-based
						training. The training plan shall be reviewed annually by the prison
						administrator or designee.
(6)
						Written local policy must provide for a personnel policy manual that is
						available for employee reference. This manual must include, but not be limited
						to:
(i) Organizational chart.
(ii) Recruitment and promotion.
(iii) Job specifications and
						qualifications.
(iv) Code of
						conduct and ethics.
(v) Sexual
						harassment/sexual misconduct provisions.
(vi) Employe evaluation.
(vii) Staff disciplinary process.
(viii) Grievance and appeals
						process.
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 95.222 - Admission and release

Current through Register Vol. 54, No. 28, July 13, 2024
The following are the minimum requirements applicable
						  to admissions and releases:
(1)
Admission.
Written local policy must provide for the
						following:
(i) With all admissions to the
						prison, commitment under proper legal authority and completeness of paperwork
						shall be verified.
(ii) An inmate
						may not be admitted into the prison when it is determined that the inmate is in
						need of medical treatment that cannot be provided by the prison. In those
						cases, a written verification of treatment from a medical doctor shall be
						provided by the transporting authority prior to admission.
(iii) Admission procedures relating to
						property disposition, notification and medical assessments and personal hygiene
						must be specified in written local policy.
(iv) The type of contraband search to be
						performed, including a restriction as to the use of an unclothed search on an
						arrestee.
(v) As part of the
						admission process, basic personal information shall be obtained for
						identification and classification purposes. This basic information must
						include:
(A) Name of the inmate.
(B) Date of birth.
(C) Race.
(D) Gender.
(E) Social Security number.
(F) State identification number
						(SID).
(G) Country of
						birth.
(H) Citizenship.
(I) Any aliases.
(J) Previous address of the inmate.
(K) Physical description of the inmate,
						including height, weight, hair, eye color and any scars or tattoos.
(L) Occupation of the inmate.
(M) Education.
(N) Offense committed and a summary of the
						facts of the crime committed.
(O)
						Religious affiliation.
(P) Date of
						commitment.
(Q) Committing
						county.
(R) Authority for the
						commitment.
(S) Previous criminal
						record and any detainers.
(T) Name
						and address of the person to be contacted in event of an emergency.
(U) Marital status and any
						children.
(V) Medical history,
						including any substance abuse.
(W)
						Name and address of the inmate's attorney.
(vi) Upon admission, a copy of the rules of
						the prison shall be provided to each inmate.
(vii) How an inmate can notify a relative of
						the inmate's location.
(viii) When
						non-United States citizens are detained, the detainee shall be advised of the
						right to have the detainee's consular officials notified or the nearest
						consular officials shall be notified of the detention, if required by the
						Vienna Convention. Consular officials shall be given access to non-United
						States citizen detainees and shall be allowed to provide consular assistance.
						Consular officials shall also be notified in the event of the death of a
						non-United States citizen detainee.
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 95.223 - Orientation

Current through Register Vol. 54, No. 28, July 13, 2024
The following are the minimum requirements applicable
						  to the orientation of inmates:
(1)
						Written local policy must require orientation for every inmate within 14 days
						of admission as to the following:
(i) Prison
						rules of conduct.
(ii) Consequences
						for violation of the rules of conduct.
(iii) Mail, visiting and telephone
						procedures.
(iv) Access to medical
						care.
(v) Fees, charges or
						co-payments that may apply.
(vi)
						Prison grievance process.
(vii)
						Available treatment programs.
(viii) Available work programs.
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 95.224 - Inmate rules and staff procedures

Current through Register Vol. 54, No. 28, July 13, 2024
The following are the minimum requirements applicable
						  to inmate rules and staff procedures:
(1) Written local policy must specify inmate
						rules that insure the security, control, safety and orderly administration of
						the county prison. These rules must indicate to both inmates and staff what
						inmate behavior is unacceptable and the consequences of unacceptable
						behavior.
(2) Written local policy
						must specify that inmates and staff have access to inmate rules. New or revised
						inmate rules shall be disseminated to staff and inmates prior to
						implementation.
(3) Written local
						policy must specify procedures that direct staff in the operation and
						maintenance of the county prison. The procedures must contain general and
						specific instructions for each duty post for the prison. The instructions must
						include the methods, techniques and time frames necessary to perform the duties
						of a particular duty post.
(4)
						Written local policy must specify procedures that direct staff in the event of
						fire emergencies, escapes and riots. These procedures must direct staff as to
						what actions are to be performed in a given duty assignment or duty post in
						these situations. These procedures must instruct staff as to the methods,
						techniques and time frames necessary to carry out the assigned
						duties.
(5) Written local policy
						must specify that operation and maintenance procedures and emergency procedures
						be disseminated to staff prior to implementation. Staff shall have ongoing
						access to these procedures.
(6)
						Written local policy must specify that inmate rules and staff procedures be
						reviewed by the prison administration on an annual basis. This review must
						determine if updates are necessary due to operational changes, changes in the
						law, constitutional standards or recognized professional standards. The annual
						review and updates shall be documented.
The provisions of this §
														95.224 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)).
This section cited in 37 Pa. Code § 95.220b
							 (relating to scope).
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 95.225 - Classification

Current through Register Vol. 54, No. 28, July 13, 2024
The following minimum requirements apply to
						  classification:
(1) An inmate
						classification plan shall be documented in written local policy.
(2) This plan shall establish classification
						based on the degree of security risk and need for supervision. The
						classification plan shall specify the following:
(i) How the classification process is
						accomplished.
(ii) What process of
						appeals exist.
(iii) The review
						mechanism utilized.
(iv) Explicit
						procedures for reclassification.
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 95.226 - Housing

Current through Register Vol. 54, No. 28, July 13, 2024
The following are the minimum requirements applicable
						  to housing:
(1) Written local policy
						shall specify the process for segregation, removal or transfer of inmates
						requiring medical attention.
(2) An
						inmate who is mentally ill or known to have a contagious disease shall be
						separated from the general population.
(3) Female inmates shall be completely
						separated from male inmates. This does not preclude rehabilitative projects and
						food service assignments where male and female inmates could participate
						together with proper supervision.
(4) In determining housing adequacy, the
						following factors shall be considered:
(i)
						Climatic conditions.
(ii) Minimum
						floor space.
(iii)
						Heating.
(iv) Ventilation. Each
						room shall allow the entrance of fresh air.
(v) Lighting. Artificial light sufficient for
						inmates to read or work without injury to eyesight shall be provided.
(vi) Sufficient toilet facilities are
						required.
(vii) Bathing facilities
						shall be provided so that every inmate may use them as frequently as necessary
						for personal hygiene.
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 95.228 - Clothing

Current through Register Vol. 54, No. 28, July 13, 2024
The following are the minimum requirements applicable
						  to clothing:
(1) Written local policy
						shall provide for each inmate to receive suitable clean clothing including
						adequate footwear and underwear.
(2) Written local policy shall stipulate
						whether inmates may possess personal clothing.
(3) Written local policy shall determine
						whether a prison elects to store personal clothing. Personal clothing, if
						stored, shall be stored in a sanitary manner.
The provisions of this §
														95.228 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 95.229 - Bedding

Current through Register Vol. 54, No. 28, July 13, 2024
The following are the minimum requirements applicable
						  to bedding:
(1) Written local policy
						must specify that inmates be provided a bed, mattress (not to exclude a
						mattress with integrated pillow), bed sheet, pillow, pillowcase, towel and
						blanket. The bed must be a sleeping surface and mattress that allows the inmate
						to be at least 12 inches off the floor. The mattress and pillow must have a
						waterproof and fire retardant cover. The bed must be located in an area
						preapproved for residential occupancy by the Department of Labor and Industry
						or local code authority.
(2)
						Written local policy must define emergency circumstances that would require the
						use of temporary bedding arrangements that may not meet the requirements of
						paragraph (1). An inmate may not be subject to temporary bedding arrangements
						for a period exceeding 30 consecutive days. Temporary bedding arrangements may
						not be utilized by the county prison for a period exceeding 90 consecutive
						days.
(3) Written local policy must
						provide that the prison administrator has discretion to issue bedding items to
						or removing bedding items from an inmate when possession of those items by the
						inmate could compromise the order, security or safety of the prison.
(4) Written local policy must provide that
						each mattress and pillow is sanitized chemically or by another acceptable
						method and is in usable condition before reissue to another inmate. Each in-use
						mattress and pillow shall be sanitized at least annually.
(5) Written local policy must provide for the
						laundering of bed sheets, pillowcases, towels and blankets before reissue to
						another inmate. In-use bed sheets, pillowcases and towels shall be laundered on
						a weekly basis. In-use blankets shall be laundered at least
						quarterly.
The provisions of this §
														95.229 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 95.231 - Personal hygiene

Current through Register Vol. 54, No. 28, July 13, 2024
The following are the minimum requirements applicable
						  to personal hygiene:
(1) Inmates shall
						be required to maintain proper hygiene standards.
(2) Inmates shall bathe at least twice a
						week.
(3) An inmate determined to
						be indigent shall be provided with articles to attain satisfactory personal
						hygiene.
(4) Inmate hair styles
						shall comply with sanitation and security policies of the prison.
(5) Female inmates shall be provided articles
						for feminine hygiene when needed.
(6) Written local policy shall provide a
						means for inmates to obtain clean clothing on a weekly basis.
The provisions of this §
														95.231 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 95.233 - Visiting

Current through Register Vol. 54, No. 28, July 13, 2024
The following are the minimum requirements applicable
						  to inmate visiting:
(1) Written local
						policy must explain inmate visiting procedures, including:
(i) Availability of contact or noncontact
						visitation, or both.
(ii) Visitor
						approval procedure.
(iii) Frequency
						and duration of visits.
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 95.233a - Telephone communication

Current through Register Vol. 54, No. 28, July 13, 2024
The following are the minimum requirements applicable
						  to telephone communication:
(1)
						Written local policy must specify whether inmates are permitted telephone
						communication. If so, the policy must explain telephone procedures, including:
(i) Hours during which telephone
						communication is available.
(ii)
						Any limitations on calls.
(iii)
						Cost/method of payment.
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 95.234 - Inmate mail privileges

Current through Register Vol. 54, No. 28, July 13, 2024
The following are the minimum requirements applicable
						  to inmate mail privileges. Inmates shall be permitted to send and receive mail
						  consistent with the following:
(1)
						Incoming and outgoing mail may be examined for contraband.
(2) Incoming and outgoing mail to and from
						public officials, courts and attorneys will not be opened for purposes of
						examining for contraband unless the interested inmate is present.
(3) Incoming and outgoing mail to a person or
						entity may be read by the prison warden if reasonable grounds exist to believe
						that receipt of the mail is likely to jeopardize prison security or public
						safety and welfare, or both.
(4)
						The sending and receipt of mail shall be restricted or prohibited for valid
						penological reasons such as introduction of contraband, threats to security or
						the public, or when requested by intended recipients.
The provisions of this §
														95.234 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)).