PROPOSED RULEMAKING
DEPARTMENT OF CORRECTIONS
[37 PA. CODE CH. 95]
County Correctional Institutions
[36 Pa.B. 3094]
[Saturday, June 24, 2006]The Department of Corrections (Department) proposes to amend Chapter 95 (relating to county correctional institutions) to read as set forth in Annex A.
Statutory Authority
The Department is acting under the authority of section 506 of The Administrative Code of 1929 (71 P. S. § 186). Under section 506 of the Administrative Code of 1929, the Department is empowered to prescribe rules and regulations for the performance of the Department's business. A portion of the Department's business includes establishing standards for county jails and prisons, including physical facilities and standards for correctional programs of treatment, education and rehabilitation of inmates. See section 3(3) of the act of December 27, 1965 (P. L. 1237, No. 502) (Act 502) (61 P. S. § 460.3(3)). The Department is also empowered by section 3(4) of Act 502 to inspect county jails and to classify them, in accordance with the standards for county jails and prisons the Department adopted, as eligible to receive prisoners sentenced to maximum terms of 6 months or more but less than 5 years.
Purpose and Background
The Department undertook a review of its regulations regarding county correctional institutions. Based on this review, the Department found that many of the regulations are outdated, too technical and do not afford county prison administrators sufficient flexibility to address prison management problems that are strictly local in nature.
During the first phase of this process, the Department amended 12 sections of Chapter 95. This final-form rulemaking was published at 30 Pa.B. 866 (February 19, 2000). This proposed rulemaking amends a total of 22 sections of Chapter 95 and creates 1 new section. This proposed rulemaking completes the revision of outdated regulations and makes the minimum standards consistent with recognized professional standards for adult local detention facilities.
In addition to updating the outdated provisions, this proposed rulemaking enhances the inspection process by rewarding facilities reaching full compliance with the minimum standards and focuses greater attention on facilities with compliance problems. The proposed rulemaking proceduralizes the declassification of county prisons with serious issues of noncompliance with security-related minimum standards. The proposed rulemaking also expands the inspection process by the offering or ordering of a vulnerability assessment of a county prison. The enhancements to the inspection process are designed to assist county prisons in identifying and correcting deficiencies particularly those serious deficiencies that may threaten the security and safety of a county prison and by extension the public safety. Therefore, the Department proposes amendments to Chapter 95 to read as set forth in Annex A.
In September of 2000, the Department initiated a Review Planning Committee to allow for input from county prison wardens and county commissioners when drafting amendments to the sections of Chapter 95 that were not updated and amended at 30 Pa.B. 866. Following an initial meeting of the Review Planning Committee, regional workshops were held during October 2000 in the Northwest, Northeast, Southwest and Southeast regions of this Commonwealth, as well as in Philadelphia County. The regional workshops were held to solicit input from county prison officials from all areas of this Commonwealth. The Review Planning Committee and regional workshops also involved Department personnel from the Office of Chief Counsel, Bureau of Operations, Bureau of Health Care Services, Office of Grants and Special Projects and the Deputy Secretary for Intergovernmental Relations. The Review Planning Committee periodically met and corresponded about revisions to Chapter 95 through December 2002.
Periodic meetings and ongoing correspondence regarding the draft amendments to Chapter 95 marked the Review Planning Committee activity. Additional regional workshops were conducted in 2003 and 2004 to expand the review and discussion of the proposed amendments to Chapter 95. The Department has also provided presentations on the proposed amendments to the County Commissioners Association of Pennsylvania (CCAP), as well as the Pennsylvania Prison Wardens Association membership.
The following meetings and presentations took place with the intent of involving the regulated parties in the revision process:
September 26, 2000 Review Planning Committee Meeting October 3, 10, 17, 24 and 31, 2000 Five Regional Workshops--Southwest, Northwest, Northeast,
Southeast and PhiladelphiaNovember 14, 2000 Review Planning Committee Meeting July 25, 2001 Review Planning Committee Meeting October 30 and 31, 2001 Department Fall Forum for County Wardens and County Commissioners December 11, 2002 Review Planning Committee Meeting April 11, 2003 Pennsylvania Prison Wardens Association Spring Conference December 14--17, 2003 Four Regional Workshops--Southeast,
Northeast, Northwest and SouthwestMarch 22, 2004 CCAP Roundtable March 29--31 and April 1, 2004 Four Regional Workshops--Southwest, Northwest, Northeast and Southeast May 27, 2004 County/State Liaison Committee Summary of Proposed Amendments
§ 95.220a. Definitions.
A number of definitions have been added to clarify new terms used in the proposed rulemaking.
§ 95.220b. Scope.
The proposed rulemaking removes the ability for county prisons to receive a waiver of compliance with the requirements of this chapter for facilities achieving American Correctional Association accreditation and accreditation from the National Commission on Correctional Health Care. This will ensure onsite audits or inspections, or both, of a county correctional facility on a periodic basis.
The proposed rulemaking enhances the inspection process by allowing county prisons achieving full compliance with the minimum requirements of this chapter to be on a 24-month inspection cycle rather than being subject to an annual inspection. Preinspection audits have been added to assist county prisons by identifying deficiencies and allowing time for correcting deficiencies prior to inspection.
The proposed amendments to the inspection process allow the Department to focus resources towards county prisons with compliance problems while relieving facilities in full compliance from the burden of additional visits.
The proposed rulemaking establishes the availability of a vulnerability assessment of a county prison either when requested by the county or when a preinspection audit or inspection finds certain violations of the minimum requirements that may seriously impact the safety and security of the county prison, prison staff, inmates or the public.
The proposed rulemaking defines the circumstances in which a hearing may be ordered to determine if a county prison should be declassified from receiving prisoners sentenced with a maximum term of 6 months or more but less than 5 years.
§§ 95.223, 95.224, 95.229, 95.230, 95.233, 95.235, 95.237 and 95.241--95.248
These sections have been completely replaced as part of the final phase of the Department's efforts to replace outdated standards. Each section requires that the county jail establish a written policy on the subject matter and that the policy contain or address the minimum requirements described in the regulation. In each instance, the requirements are consistent with recognized professional standards for adult local detention facilities. Whenever possible, the Department eliminates requirements that are too technical and devises the minimum requirements so that county prison administrators are afforded flexibility in addressing prison management issues.
§ 95.233a. Telephone communication.
This new section establishes the minimum requirements for telephone communication if a county prison makes that available to the inmate population. This section expands on what is currently only briefly mentioned in § 95.233 (relating to visiting).
§§ 95.221, 95.222, 95.232, 95.239 and 95.240
These sections, which were updated and revised in February 2000, are amended to address new issues of importance, issues previously not addressed or to simply update the minimum standards.
Fiscal Impact
The proposed rulemaking is not expected to have significant negative fiscal impact upon the Commonwealth, its political subdivisions or the general public.
Paperwork Requirements
The Department does not expect the new requirements to have significant effect on the paperwork requirements of the Commonwealth, its political subdivisions or the public.
Contact Person
Interested persons are invited to submit in writing comments, suggestions or objections regarding the proposed rulemaking to David B. Farney, Assistant Counsel, Department of Corrections, Office of Chief Counsel, 55 Utley Drive, Camp Hill, PA 17011, (717) 731-0444 within 30 days following publication of this proposed rulemaking.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on June 9, 2006, the Department submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House and Senate Judiciary Committees. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Department, the General Assembly and the Governor of comments, recommendations or objections raised.
Effective Date
The proposed rulemaking will take effect upon completion of the regulatory review process and final-form publication in the Pennsylvania Bulletin.
JEFFREY A. BEARD, Ph.D.
SecretaryFiscal Note: 19-7. No fiscal impact; (8) recommends adoption.
Annex A
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 § 95.220a. Definitions.
The following words and terms, when used in this subchapter, have the following meanings unless the context clearly indicates otherwise:
Alcohol and other drugs treatment--A treatment service designed to address the impact and ramifications of use or abuse of alcohol and other drugs, or both, to prevent illegal or destructive, or both, conduct and avoid addiction.
Alternative menu--Meal plans that are prepared and served as an alternative to the regular meal plan.
Bed capacity--The number of beds that a prison may utilize consistent with recognized professional standards on unencumbered space and that are only utilized in areas approved for residential occupancy by the Department of Labor and Industry or local code authority.
Building code--Federal, State or local regulations that dictate the construction of a prison.
Classification--A process for determining an inmate's needs and requirements and for assigning the inmate to appropriate housing units and programs according to the inmate's needs and existing resources.
Code of conduct and ethics--A set of rules describing acceptable standards of conduct for all prison staff.
Community resources--Human service agencies, service clubs, citizen interest groups, self-help groups and individual citizen volunteers that offer services, facilities or other functions that assist inmates. These various resources, which may be public or private, National or local, may assist with material and financial support, guidance, counseling and supportive services.
Compensation--Incentives such as monetary compensation, extra privileges, good time credits, credit toward applicable fines and costs or other items of value that are given for inmate participation in a work program.
Contact visitation--A program inside or outside the prison that permits inmates to visit with designated persons without obstacles or barriers to physical contact.
Contraband--An item possessed by an individual or found within the prison or on prison grounds that is prohibited by law or expressly prohibited by those legally charged with the administration and operation of the prison.
Counseling--A treatment service using planned interpersonal relationships to promote social adjustment. Counseling programs provide opportunities to express feelings verbally with the goal of resolving the individual's problems. At least three types of counseling may be provided:
(i) Individual (a one-to-one relationship).
(ii) Small-group counseling.
(iii) Large-group counseling.
* * * * * Education--A treatment service using formal academic education or a vocational training activity designed to improve knowledge or employment capability, or both.
Financial audit--An examination of prison records or accounts to check their accuracy, which is conducted by persons not directly involved in the creation and maintenance of these records or accounts. An independent audit results in an opinion that either affirms or disaffirms the accuracy of records or accounts.
First aid--Care for a condition that requires immediate assistance from an individual trained in first aid care and the use of the prison's first aid kits.
Force, use of--Physical force used in instances of justifiable self-defense, protection of others, protection of property or prevention of escape.
Force option--Actions beginning with the least amount of force and progressing through the degrees of nondeadly and deadly force, as necessary.
Governing county prison authority--The individual or board, established by law, having administrative oversight and policy-setting responsibility for the county prison.
Grievance--A formal written complaint by an inmate related to a problem encountered during the course of his confinement.
Grievance process--The procedure established to review and respond to inmate grievances.
* * * * * Health care provider--An [employe] employee or contractor of the prison who is responsible for ensuring that adequate health care is provided to inmates.
Health care screening--A process developed by the prison's health care provider to assess inmates upon admission as set forth in written local policy. The process must include a structured inquiry and observation designed to identify newly-committed inmates who pose a health or safety threat to themselves or others. Screening can be performed by health care professionals or by health-trained correctional staff at the time of admission.
Health care training--Training required by the county prison's health care provider as part of the prison's health care delivery system as set forth in written local policy. Correctional staff may be trained and appropriately supervised to carry out specific duties with regard to the administration of health care screening upon admission.
Inmate--An individual who is legally confined in a county prison.
Intake interview--A process developed by the prison's treatment services provider to assess inmates upon admission as set forth in written local policy.
Life safety code--A manual published and updated by the National Fire Protection Association specifying minimum standards for fire safety necessary in the public interest. Two chapters are devoted to correctional facilities.
Major infraction--
(i) A rule infraction involving a grievous loss and requiring use of a hearing procedure for resolution.
(ii) The term includes violations:
(A) That may result in disciplinary detention or administrative segregation.
(B) For which punishment may tend to increase an inmate's sentence, such as extending parole eligibility.
(C) That may result in forfeiture, such as loss of earned time.
(D) That may be referred for criminal prosecution.
Minor infraction--A violation of a prison's rules of conduct that does not require a hearing procedure and can be resolved without the imposition of serious penalties. Minor infractions do not violate any State or Federal statutes and may be resolved informally by reporting staff.
Noncontact visitation--A program that restricts inmates from having physical contact with visitors by the use of physical barriers such as screens or glass, or both. Voice communications between parties are normally accomplished with phones or speakers.
Preinspection audit--An onsite operational audit of a county prison by one or more Department inspectors consisting of staff and inmate interviews, policy and policy compliance reviews and a physical examination of the prison. The audit is intended to assist the county prison by identifying areas where the prison is not in compliance with the minimum standards and offering other observations prior to the prison inspection approximately 6 months thereafter.
Preventive maintenance--A system designed to enhance the longevity and usefulness of buildings and equipment in accordance with a planned schedule.
Prison--A place, institution, building (or part thereof), set of buildings or area (whether or not enclosing a building or set of buildings) that is used for the lawful custody of individuals.
Prison administrator--The official, regardless of local title, who has the day-to-day responsibility for managing and operating the county prison.
Prison inspection-An onsite visit of a county prison by one or more Department inspectors as the formal follow-up to the preinspection audit. The inspection specifically reviews those areas and practices identified by the preinspection audit report to determine whether the county prison is in compliance with the minimum requirements of this chapter.
Procedures--The detailed and sequential actions that must be executed to ensure that a policy is implemented. It is the method of performing an operation or a manner of proceeding on a course of action. It differs from a policy in that it directs action required to perform a specific task within the guidelines of the policy.
Restraint--An authorized device used to prevent escapes, prevent an inmate from injuring himself or other persons or prevent property damage.
Security devices--
(i) Locks, gates, doors, bars, fences, screens, ceilings, floors, walls and barriers used to confine and control inmates.
(ii) The term also includes electronic monitoring equipment, security alarm systems, security light units, auxiliary power supplies and other equipment used to maintain prison security.
Security perimeter--The outer portions of a prison that provide for secure confinement of prison inmates. The design of the perimeter may vary depending upon the security classification of the prison.
Segregation--The separation of an inmate from the general population. Segregation provides for separate and distinct conditions of confinement that ensures that medical/mental health and gender requirements of inmates are being met.
Social services--A treatment service designed to promote the welfare of the community and the inmate, as through aid for physically and mentally handicapped, health maintenance, family development and employment opportunities.
Training--
(i) An organized, planned and evaluated activity designed to achieve specific learning objectives and enhance the job performance of personnel. Training may occur onsite, at an academy or training center, during professional meetings or through supervised on-the-job training.
(ii) Training includes an agenda and is conducted by an instructor, manager or official. The activity must be part of an overall training program.
Training plan--A set of long-range or short-range training activities that equip staff with the knowledge, skills and attitudes they need to accomplish the goals of the organization.
Treatment professional--An individual who is assigned to or is a supervisor of inmate casework, counseling and treatment services. This individual possesses a bachelor's degree and advanced training in the social or behavioral sciences.
Treatment services provider--An employee or contractor of the county prison who is responsible for providing treatment services to inmates.
Treatment training--Training required by the county prison's treatment services provider as part of the prison's treatment delivery system as set forth in local written policy. Correctional staff may be trained and appropriately supervised to carry out specific duties with regard to the administration of treatment intake screening upon admission.
Unclothed search--An examination of an inmate's unclothed body for weapons, contraband and physical abnormalities.
Vulnerability analysis--
(i) A systematic and measurable performance-based evaluation of a prison. This approach integrates people, policies, procedures, equipment and detection systems within the overall assessment of a prison in an effort to ascertain potential avenues of escape, inmate violence or contraband vulnerabilities. This evaluation also attempts to identify and test the physical protection systems in place in an effort to prevent or limit opportunity for the threat to occur.
(ii) The term includes a prison analysis, planning, prison characterization, threat definition, identification of undesirable events, performance-testing physical protection systems, generation of adversary sequence diagrams, scenario development, timeline development and determination of risk for worst-case scenarios.
Work release--An arrangement sanctioned by law that enables an inmate to be released into the community to maintain approved employment or other approved activity, or both.
* * * * * § 95.220b. Scope.
Each section sets forth minimum requirements, which are mandatory. [For those counties achieving American Correctional Association accreditation using Adult Local Detention Facilities standards, this subchapter will be waived in its entirety. Section 95.232 (relating to medical and health services) will be waived for those counties which achieve National Commission on Correctional Health Care accreditation.]
(1) Every county prison shall be subject to a prison inspection cycle. An inspection cycle will consist of a preinspection audit and, if necessary, a prison inspection. A preinspection audit will be scheduled at least every 24 months. The prison inspection, if necessary, will be conducted approximately 6 months after the preinspection audit. This inspection cycle will determine if the county prison is in compliance with the minimum requirements. An immediate prison inspection may be ordered by the Secretary following an emergency situation at a county prison, including, but not limited to, a riot or disturbance, a fatality following a serious assault or an assault by an inmate using a deadly weapon resulting in serious injury. The inspection will be conducted to determine possible violations of the minimum requirements.
(2) The Department will issue a Preinspection Audit Report following the preinspection audit of the county prison. The report will be issued to the county prison administrator and the governing county prison authority. The report will, at a minimum, identify any instances of the county prison failing to comply with the minimum requirements.
(3) If the preinspection audit finds that the county prison is in full compliance with the minimum requirements, the subsequent prison inspection will be waived and the county prison will be on a 24-month prison inspection cycle. The next preinspection audit will be scheduled approximately 24 months after the preinspection audit.
(4) A prison inspection will be conducted any time the preinspection audit finds the county prison is not in compliance with the minimum requirements. The Department will issue a Compliance Report following the prison inspection. The report will be issued to the county prison administrator and the governing county prison authority. The report will identify whether the county prison has corrected the instances of noncompliance set forth in the Preinspection Audit Report.
(i) If the Compliance Report finds that the county prison is in full compliance with the minimum requirements, the county prison will continue on a 24-month inspection cycle. The next preinspection audit will be scheduled approximately 18 months after the prison inspection.
(ii) If the Compliance Report finds that the county prison remains in violation of the minimum requirements previously identified in the Preinspection Audit Report, the county prison administrator and the governing county prison authority will be issued a Notice of Deficiency as part of the report and subject to a 12-month inspection cycle. The next preinspection audit will be scheduled approximately 6 months after the prison inspection.
(iii) If the Compliance Report finds that the county prison remains in violation of the same minimum requirements for the second consecutive prison inspection, the county prison administrator and the governing county prison authority will be issued a warning that if the instances of noncompliance are not corrected by the time of the next 12-month prison inspection, a Citation of Noncompliance will be issued.
(iv) If the Compliance Report finds that the county prison remains in violation of the same minimum requirements for the third consecutive prison inspection, the county prison administrator and the governing county prison authority will be issued a Citation of Noncompliance.
(5) Within 60 days of receipt of any Compliance Report citing instances of noncompliance with the minimum requirements, the governing county prison authority shall file a written reply that includes a written plan that describes the actions that will be taken and the time frame for bringing the county prison into compliance with the minimum requirements.
(6) The Secretary may authorize the conducting of a vulnerability analysis of a county prison when a preinspection audit or prison inspection finds one or more violations of the minimum requirements of the following sections and it is determined those violations may significantly impact the safety and security of the county prison, prison staff, inmates or the public:
(i) Section 221--Personnel.
(ii) Section 223--Orientation.
(iii) Section 224--Rules and Regulations.
(iv) Section 230--Food Service.
(v) Section 232--Medical and Health Care Services.
(vi) Section 240--Inmate Discipline Procedures.
(vii) Section 241--Security.
(viii) Section 243--Treatment Services.
(ix) Section 248--Sanitation and Safety.
(7) A vulnerability analysis report will be issued to the governing county prison authority and the county prison administrator following the vulnerability analysis. The report will present an analysis of the overall operations of the prison and an analysis of potential threats to the safety and security of the county prison, prison staff, inmates and the public.
(8) A governing county prison authority may at any time request the Department to conduct a vulnerability analysis to assist in evaluating the operations of the county prison.
(9) The Secretary may order a hearing on why the county prison should not be declassified and declared ineligible to receive prisoners sentenced to a maximum term of 6 months or more but less than 5 years under the following conditions:
(i) If a vulnerability analysis report finds one or more violations of the standards identified in paragraph (6) and concludes that those violations present a significant threat to the safety and security of the county prison, prison staff, inmates or public safety.
(ii) If the county prison continues in subsequent prison inspections to violate the minimum standards for which it has been issued, a Citation of Noncompliance in accordance with paragraph (4)(iv) and the governing county prison authority's written response to the Compliance Reports fails to show a good faith effort to correct those violations.
(10) The hearing will be scheduled promptly, but no sooner than 20 days after receipt of the hearing notice. The proceedings will be conducted in accordance with 1 Pa. Code Part II (relating to the General Rules of Administrative Practice and Procedure).
(11) Following the hearing, a final order will be issued resulting in one of the following:
(i) Declassification of the county prison resulting in the prison being ineligible to receive prisoners sentenced to a maximum term of 6 months or more but less than 5 years.
(ii) The Citation of Noncompliance remains in effect, but the county prison is subject to a 12-month prison inspection cycle as of the issuance of the hearing report. If following the inspection the Compliance Report finds the county prison to be in violation of some or all of the minimum requirements for which the hearing was conducted, the Secretary may order another hearing in accordance with paragraph (9)(ii).
(iii) The Citation of Noncompliance may be rescinded based on findings that the county prison is now in compliance with the minimum requirements. The county prison will be returned to a prison inspection cycle consistent with paragraphs (3) and (4).
§ 95.221. Personnel.
The following are the minimum requirements [applicable] 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 [facility's] prison's code of conduct and ethics. A record of this training shall be documented in each employee's personnel file.
* * * * * (5) An annual training plan shall be prepared that identifies the subjects and number of hours required for preassignment, basic and staff development training. The training plan shall be reviewed annually by prison administrator or designee.
(6) Written local policy must provide for a prison personnel policy manual that is available for employee reference. This manual must include, but not be limited to the following:
(i) Organization chart.
(ii) Recruitment and promotion.
(iii) Job specifications and qualifications.
(iv) Code of conduct and ethics.
(v) Sexual harassment/sexual misconduct.
(vi) Employee evaluation.
(vii) Staff disciplinary process.
(viii) Grievance and appeals process.
(7) The prison administrator or designee shall conduct a documented review of the prison personnel policy manual annually and revise as needed.
(8) Written local policy must mandate a drug-free workplace for all prison staff including, but not being limited to the following:
(i) Prohibition on the use of illegal drugs.
(ii) Prohibition of possession of any illegal drug except in the performance of job duties.
(iii) Procedures to ensure compliance.
(iv) Availability of treatment or counseling, or both for drug abuse.
(v) Penalties for violation of the policy.
(9) Written local policy must specifically and strictly prohibit sexual misconduct and sexual harassment by prison staff. Written local policy must inform prison staff that they may be subject to disciplinary action or criminal charges, or both, if found to have engaged in that conduct.
§ 95.222. Admission and release.
The following are the minimum requirements applicable to admissions and releases:
(1) Admission.
[(1)] (i) With all admissions to the prison, commitment under proper legal authority and completeness of paperwork shall be verified.
[(2)] (ii) * * *
[(3)] (iii) Admission procedures relating to [contraband searches,] property disposition, notification and medical assessments and personal hygiene [shall] must be specified in written local policy.
(iv) Written local policy must specify the type of contraband search to be performed, including a restriction as to the use of an unclothed search on an arrestee. An unclothed search of an arrestee at intake shall only be conducted when there is reasonable belief or suspicion that the arrestee may be in the possession of an item of contraband. Reasonable belief may be based upon the following:
(A) Current charges or prior conviction for escape, drugs/weapons or any crimes of violence.
(B) Current or historical institutional behaviors of contraband possession or refusals to be searched.
(C) Other factors recognized by courts of competent jurisdiction.
[(4)] (v) As part of the admission process, basic personal information shall be obtained for identification and classification purposes. This basic information [shall] must include:
[(i)] (A) * * *
[(ii)] (B) * * *
[(iii)] (C) * * *
[(iv)] (D) * * *
[(v)] (E) * * *
[(vi)] (F) * * *
[(vii)] (G) * * *
[(viii)] (H) * * *
[(ix)] (I) * * *
[(x)] (J) * * *
[(xi)] (K) * * *
[(xii)] (L) * * *
[(xiii)] (M) * * *
[(xiv)] (N) * * *
[(xv)] (O) * * *
[(xvi)] (P) * * *
[(xvii)] (Q) * * *
[(xviii)] (R) * * *
[(ixx)] (S) * * *
[(xx)] (T) * * *
[(xxi)] (U) * * *
[(xxii)] (V) * * *
[(xxiii)] (W) * * *
[(5)] (vi) Upon admission, a copy of the rules of the prison shall be provided to each inmate.
[(6)] (vii) Written local policy shall specify 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 his 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.
(2) Release.
(i) With all releases from the prison, release under proper legal authority and completeness of paperwork shall be verified.
(ii) Written local policy must specify release procedures to include the following:
(A) Proper identification of inmate.
(B) Review of inmate file for detainers.
(C) Disposition of prison and personal property.
(D) Information exchange.
(E) Medication supply and medication instructions, as required.
(F) Victim notification.
§ 95.223. Orientation.
[Minimum requirements. The minimum requirements for the orientation of prisoners shall be as follows:
(1) Every prisoner upon admission shall be provided with written information about the regulations of the institution.
(2) If the prisoner is illiterate, the information shall be conveyed to him orally.
(3) The orientation should include, but not necessarily be limited to, the following:
(i) Regulations covering the treatment of prisoners.
(ii) Rules of conduct for the institution.
(iii) Information regarding work programs, education and vocational training, counseling programs, and other institutional programs offered in the jail.
(iv) The following provisions apply to communications with the staff:
(A) The prisoner should know that he is allowed to make requests or enter complaints to the administrator of the jail or to a jail officer.
(B) The prisoner should know that he may make requests or enter complaints to the jail inspector during his inspection. He should be permitted to talk to the inspector without the administrator or other members of the jail staff being present.
(C) The prisoner should know that he is allowed to make a request or enter a complaint without censorship as to substance to the administrator, the judiciary or other proper authorities.
(D) Unless requests or complaints arising from such communication are obviously frivolous or groundless, the jail staff shall promptly deal with them.
(v) Information necessary to enable the prisoner to understand both his rights and his obligations.
(vi) Additional information necessary for the prisoner to adapt himself to the life of the institution.]
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 of 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.
(2) Orientation must be in written, oral, audio or video format. Written local policy must provide for the orientation of illiterate and non-English speaking inmates. Orientation of each inmate shall be documented in the inmate file.
(3) Written local policy must describe an inmate grievance process. The policy must include:
(i) The methods available for submitting a grievance.
(ii) The staff persons responsible for responding to a grievance. Grievances must have a written response for record.
(iii) An appeal process of at least one level.
(iv) Time frames for responses and appeals.
(4) Written local policy must permit every inmate to make a request or submit a grievance to the prison administration, the judiciary or other proper authorities without censorship as to substance.
§ 95.224. [Rules and regulations] Inmate rules and staff procedures.
[The minimum requirements applicable for institutional rules and regulations are as follows:
(1) Each jail shall have well phrased and reasonable rules and regulations. The rules shall be constructed so that they eliminate confusion in both the staff and the prisoner's mind as to what behavior is correct. The regulations shall be constructed so that they inform the prisoners and staff how things are done in the jail and when and where activities take place.
(2) New prisoners shall be given information about the rules and regulations. Each new prisoner shall be told during orientation the standard of conduct which is expected.
(3) Jail rules and regulations shall be provided to inmates in the form of a printed manual.
(4) Each institution shall insure that its rules and regulations are constructed so that prisoners are assisted in following a course of conduct which is most likely to achieve the individual inmate's correction and insure the security, control and orderly administration of the jail.
(5) An act viewed by jail personnel as inconsistent with the provisions set forth in paragraph
(4) is a breach of discipline. The act shall subject the person committing it to some form of corrective measure, not necessarily punitive.
(6) Serious types of misconduct include: escape; introduction of hazardous contraband into the institution; assault with a weapon; agitation of group disturbance; and deliberate disobedience with marked disrespect.
(7) Other offenses may be accidental. They may occur through carelessness, a lack of a sense of values or poor judgment. Even so, the infraction may jeopardize the population, others nearby or be a threat to orderly administration. On the other hand, such an offense may only affect the individual offender, and, therefore, simply reflect a deficiency on his part.
(8) Jail rules and regulations shall be subject to change when necessary.
(9) The jail administrator should provide written rules for the guidance of all staff members. The information should include copies of all legislative acts pertinent to custody, control and treatment; plans and procedures for emergencies such as fire, escape and riot. A copy of the organizational chart for the institution approved by the jail administrator should also be provided.
(10) Each jail should establish particular assignments for jail officers while on duty.
(11) Specific post orders and duties for each assignment should include at least the following:
(i) Hours of duty.
(ii) Specific duties to be performed at particular times.
(iii) Time, methods and techniques to be followed in making security checks.
(iv) Time, methods and techniques to be followed in making counts.
(v) Specific responsibilities in case of fire, disturbances, attempted escapes or other emergencies.]
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) Inmates and staff shall have access to inmate rules. New or revised inmate rules shall be disseminated to staff and, when appropriate, 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) Operation and maintenance procedures and emergency procedures shall be disseminated to staff prior to implementation. Staff shall have ongoing access to these procedures.
(6) Inmate rules and staff procedures shall be reviewed by the prison administration on an annual basis. This review shall 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.
§ 95.229. Bedding.
[(a) Minimum requirements. The minimum requirements regarding bedding for prisoners are as follows:
(1) Each prisoner shall be provided with a bed, mattress, sheets and blankets appropriate for the temperature.
(2) Each prisoner shall be provided a pillow and pillowcase.
(3) Sheets and pillowcases shall be cleaned on a weekly basis and before reissue.
(4) Blankets shall be laundered or sterilized on a regular basis.
(5) Mattresses shall have a waterproof and fire resistant cover and shall be sterilized on a regular basis for the maintenance of good hygiene.
(6) Pillows shall have a waterproof and fire resistant cover and be sterilized on a regular basis for the maintenance of good hygiene.
(b) Recommended guidelines. Some jails have canvas bunks. Each jurisdiction having such accommodations for prisoners should immediately take steps to provide the conventional jail bed and mattress. This shall be made a minimum requirement following a reasonable time to allow county authorities, in counties still having canvas bunks, to purchase and install the conventional bedding.]
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) The prison administrator shall have 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.
(3) 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.
(4) Written local policy shall 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.
§ 95.230. Food services.
[(a) Minimum requirements. The following minimum requirements are applicable for food services:
(1) Prisoners shall be provided three meals per day at the usual hours with food of nutritional value adequate for health and strength, of wholesome quality and well prepared and served.
(2) Jails which hold prisoners in excess of 48 hours shall have an onsite kitchen facility whose supervisor and cook shall be an employe of the facility and is competent to plan, purchase and prepare a nutritionally adequate diet. It is acceptable, however, for adequate food services to be provided by other approved sources, as for example, the county home or an outside caterer.
(3) Jails may contract with an outside firm to provide prepackaged meals on a full-time basis after a complete inspection and written approval from the Bureau of Correction, Division of County Correctional Services.
(4) The jail kitchen shall always reflect the highest standards of cleanliness, safety and sanitation.
(5) Jail staff and inmates shall be given a physical examination and certified to be free of communicable diseases before starting to work in the Food Service Department.
(6) The menus shall be designed to provide a daily diet, well balanced and nutritious. Menus shall be approved by a medical doctor. The services of a local dietician should be consulted, as for example the county home, county hospital or other acceptable facility having a qualified dietician.
(7) Eating utensils should be sterilized at a temperature of 180° F. Preferably a dishwasher should be used where the final rinse sterilizes. In the absence of a dishwasher, a three-compartmented stainless steel sink with a drainboard, one sink for washing, one for rinsing and the third for sterilization, may be substituted.
(8) Menus shall be developed several weeks or a month in advance and arranged in a nonmonotonous manner.
(9) Food shall be served as promptly as possible after it is prepared with hot foods served hot and cold foods cold.
(10) If the serving area is some distance from the kitchen, a heated or insulated food cart shall be used.
(11) If physical facilities permit, all prisoners shall be fed in a dining room or day room to assure good jail sanitation.
(12) Compartmented trays or paper plates and individual cups shall be utilized. More than one type of food should not be served in a noncompartmented tin bowl, or other type of individual container.
(13) If prisoners are fed in their cells, food trays and other eating utensils shall be removed from the cell as soon as the meal is finished.
(14) Food shall be stored in a proper manner to assure its freshness and to prevent spoilage and damage from insects and rodents.
(b) Recommended guidelines. Clean white hats, cloth or disposable paper throwaways, and clean white clothing should be worn by all food service workers.]
The following are the minimum requirements applicable to food services:
(1) Written local policy must specify that each inmate be provided a daily diet that is nutritionally adequate for the maintenance of good health. Written local policy must recognize dietary requirements for those inmates whose medical condition requires prescribed therapeutic attention, for those inmates whose religious beliefs require adherence to specified and approved religious dietary law and for those inmates under segregation or disciplinary status, or both, whose behavior requires a different meal consistency. Regular and alternative menus shall be approved and signed by a registered dietician or licensed physician, or both, and the prison administrator on an as needed basis, but at least on an annual basis.
(2) Written local policy must provide that food is prepared and served in a sanitary manner. The prison food preparation areas and food distribution areas shall be maintained in a safe and clean condition at all times. Food shall be stored and prepared in a proper manner to assure freshness and to prevent spoilage and damage from insects and rodents. Appropriate food service head cover, beard/facial hair cover and gloves shall be worn by staff, food service contractor and inmates engaged in food preparation or distribution or both. Written local policy must require that one supervisory food service employee become certified in food safety and sanitation. There shall always be a ''person in charge'' present during all hours of operations. If the ''person in charge'' is not certified, that person shall receive documented training as to the food safety and sanitation procedures as established by written local policy.
(3) Written local policy must provide for the control and use of culinary equipment. Culinary equipment shall be identified and accounted for on an inventory list. In addition, cutlery items shall be documented as to being checked in and out, to control use at all times. When not in use, cutlery shall be stored in a secure manner.
(4) Written local policy must establish preassignment and periodic medical clearance for staff, food service contractor and inmate food service workers. Food handlers shall wash their hands upon reporting to duty and after using toilet facilities.
(5) Written local policy shall identify the methods available to clean, rinse and sanitize prison-issued eating and drinking utensils at least weekly. These eating and drinking utensils shall be cleaned, rinsed and sanitized before being reissued to another inmate.
(6) Compartmented trays, plastic ware and paper products shall be utilized to serve the food. More than one type of food may not be served in a noncompartmented container during normal feeding operations. Food shall be served as promptly as possible, at the proper temperature.
§ 95.232. Medical and health services.
The following are the minimum requirements applicable to medical and health services:
* * * * * (3) Following review of the initial commitment screening by a health care professional, a medical history and physical examination shall be performed by the prison health care provider within 14 days following admission.
* * * * * (8) Written policy [shall] must provide for access to emergency care 24 hours a day for all inmates. A written plan [shall] must outline onsite treatment, evacuation, transportation and security procedures and designate emergency facilities to be utilized. Corrections personnel shall be certified in basic first aid and cardiopulmonary resuscitation in accordance with the time frames established by the certifying health organization.
(9) Written local policy [shall] must provide for the management of pharmaceuticals. The policy must include:
(i) Formulary and prescription practices.
(ii) Medication procurement, receipt, dispensing, distribution, storage and disposal, as supervised by properly licensed personnel in accordance with State and Federal law.
(iii) Secure storage and inventory of all controlled substances, syringes and needles.
(10) Written local policy [shall] must provide for a suicide prevention and intervention program and [shall] outline the program review mechanisms utilized and staff training procedures for program implementation. Staff training shall occur on an annual basis.
(11) Medical and dental instruments, equipment and supplies shall be controlled and inventoried.
(12) Written local policy must specify the scope of dental treatment to be provided to an inmate. This treatment must include, but not necessarily be limited to, extraction and other work of an emergency nature as needed. Written local policy must specify how an inmate is to obtain the available dental treatment.
§ 95.233. Visiting.
[(a) Minimum requirements. The following are the minimum requirements relating to visiting prisoners:
(1) The jail shall publish rules and regulations concerning visits, letters and packages. The rules and regulations shall be provided for prisoners for sending to all persons on their approved list.
(2) Prisoners may not be denied visits or mail to family members or approved friends as punishment, unless the reason for the denial is due to serious violation of the visiting or mail rules and regulations or there is an obvious security threat.
(3) The length of a visit shall be no less than 1/2 hour every week and should be longer and more frequent if conditions permit.
(4) The children of a prisoner shall be able to visit him provided that the accompanying adult supervises them and keeps them under control.
(5) Periodic family visits in an open area shall be arranged if possible, as a privilege for selected prisoners. The selected prisoners shall meet conditions which all jail prisoners have an opportunity to attain.
(6) The jail administrator shall grant special visiting privileges to visitors who have traveled long distances, to those persons visiting seriously ill or injured prisoners and for other unusual circumstances.
(7) Visitors shall sign a register and show identification before being permitted to visit.
(8) The attorney and the minister of a prisoner shall be provided such surroundings during a visit that shall insure the privacy of their conversation.
(b) Recommended guidelines. The recommended guidelines governing visiting are as follows:
(1) Physical facilities, prisoner population, staff size and other factors place restrictions on visiting. Nevertheless, every effort should be made to schedule visiting periods 7 days a week and during some evening hours to make maximum use of the visiting room facilities and to enlarge the opportunity of the prisoner to maintain his contacts with the free community.
(2) Security shall be enforced during visits but the maintenance of security should be done in as professional a manner as possible so as not to discourage visiting.
(3) Prisoners should be able to make an occasional phone call, within staff and physical limitations of the jail, to his family, friends and attorney.]
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.
(2) Written local policy must require that visitors register upon admission to the prison. Written local policy must describe the circumstances and the types of searches under which visitors are subjected.
(3) Each inmate shall be permitted at least 30 minutes of visitation time weekly. Restrictions may be placed on visiting, including denial of a visit, when, in the discretion of the prison administrator, the restrictions are necessary to maintain the safety or security of the prison.
(4) Written local policy must, in accordance with the Official Visitation of Prisons Act (61 P. S. §§ 1091--1095), provide for visits by official visitors. Written local policy must require that accommodations be made to provide for the privacy of conversation during these official visits.
(5) Written local policy must allow for visits by an inmate's attorney or clergy. Written local policy must require that accommodations be made to provide for the privacy of conversation during these visits.
(6) Inmate visiting information shall be provided to each inmate upon admission. This information shall also be made available to the public.
§ 95.233a. Telephone communication.
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) The hours during which telephone communication is available.
(ii) Any limitations on calls.
(iii) The cost/method of payment.
(2) Written local policy must, in accordance with 18 Pa.C.S. § 5704 (relating to exceptions to prohibition of interception and disclosure of communications), specify whether inmate telephone conversations are subject to intercepting, recording, monitoring or divulging. If so, the policy must establish the guidelines which permit those activities.
(3) Restrictions may be placed on telephone communication, including denial of telephone usage, when, in the discretion of the prison administrator, the restrictions are necessary to maintain the safety or security of the prison.
(4) Information about telephone communication shall be provided to each inmate upon admission. This information shall also be made available to the public.
§ 95.235. Work programs.
[(a) Minimum requirements. The following minimum requirements shall apply to work programs:
(1) Prisoners waiting trial and not sentenced in the jail shall not be required to work, except to keep their immediate area in the living quarters clean. However, a volunteer work program for unsentenced inmates should be developed.
(2) Prisoners sentenced to the jail shall be assigned work when it is available.
(3) All prisoners who work shall be paid. That pay may take the form of cash or credit toward pending court costs.
(4) The precautions laid down to protect the safety and health of workmen in the free society shall be equally observed in institutions. Proper clothing and tools shall be provided.
(b) Recommended guidelines. A good jail administrator shall utilize the furlough concept to enable selected prisoners to seek employment in the community.]
The following are the minimum requirements applicable to inmate work programs:
(1) Written local policy must identify any authorized inmate work programs to include, but not be limited to, 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) 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) Inmates who participate in a work program (other than personal housekeeping and housing area cleaning) shall receive some form of compensation. Written local policy must specify the type and amount of compensation.
(4) Inmate working conditions must comply with all applicable Federal, State or local work safety laws and regulations. Appropriate clothing, supplies and tools shall be provided to the inmate for any work assignment program, industries program or public works/community service program. The inmate shall 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 is no discrimination regarding access to a work program based on an inmate's race, religion, national origin, gender or disability. If both genders are housed in the prison, all available work programs shall be comparable in accordance with applicable law.
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