[36 Pa.B. 3094]
[Saturday, June 24, 2006]
[Continued from previous Web Page] § 95.237. Religion.
[(a) Minimum requirements. Religion shall be governed by the following minimum requirements:
(1) Each prisoner shall be allowed to satisfy the needs of his religious life consistent with orderly administration of the jail.
(2) Religious services and counseling shall be on a voluntary basis.
(3) Scheduled religious services shall be held at regular intervals, in such a location and in such a manner that the prisoners who do not wish to participate are not exposed to the service.
(4) Prisoners requesting interviews and counseling regarding religious, personal or family problems with accredited clergy, nuns, seminarians and lay persons active in community church affairs shall be afforded this opportunity.
(5) Religious ornaments or medals pertinent to the beliefs of the prisoner shall be permitted in the jail and worn upon the person provided such ornaments or medals do not constitute contraband under the usual rules of the institution. Other religious paraphernalia should be permitted, provided it is kept and utilized in the living quarters of the prisoner and does not interfere with proper housekeeping and further provided that such paraphernalia does not constitute contraband under the usual institutional rules.
(6) Limited use of pork and pork products objectionable to certain religions shall be made in jail menus and menus will clearly indicate which foods contain any pork or pork products or were prepared with pork products.
(7) Insofar as it is possible, the religious activities of all groups shall be scheduled at times consistent with the religious beliefs of the group.
(8) Access to a person who has received ecclesiastical endorsement from his religious authority shall not be refused to any prisoner. If, however, any prisoner should object to a visit of any religious representative, his attitude shall be fully respected.
(b) Recommended guidelines. The recommended guidelines applicable for religion are as follows:
(1) Family and community participation in special religious activities should be permitted, subject to the requirements of security.
(2) Special food prepared and furnished from outside the jail may be allowed, provided it is required in the celebration of a major religious holiday.]
The following are the minimum requirements applicable to religion:
(1) Written local policy must provide that inmates have access to religious activities. Participation in religious activities shall be a matter of choice on the part of each inmate. Religious activities shall be conducted in a location and manner that does not impinge upon the choice of an inmate not to participate.
(2) Individuals seeking to provide religious guidance to inmates shall be screened and selected by the prison administrator or designee. Screening and selection must include qualifications associated with clinical pastoral education or equivalent specialized training and endorsement by the appropriate religious certifying body.
(3) Written local policy must provide for the accommodation of religious practices consistent with the security needs and orderly administration of the prison. The policy must describe the procedure for reviewing an inmate request for accommodation of a religious practice or activity.
(4) Written local policy must provide that inmates are permitted to possess religious objects consistent with the security needs and orderly administration of the prison. The policy must describe the procedure for reviewing an inmate request to possess religious objects that would otherwise be considered contraband.
(5) Written local policy must provide for the accommodation of special foods, diets and fasts as part of an inmate's religious practices consistent with the security needs and orderly administration of the prison. The policy must describe the procedure for reviewing an inmate request for accommodation of these practices.
§ 95.239. Commissary and other funds.
The following are the minimum requirements that apply to commissaries:
* * * * * (3) Written local policy must describe a fiscal system that accounts for all income and expenditures on an ongoing basis. Methods for collecting, safeguarding and disbursing moneys must comply with generally accepted accounting procedures. A financial audit of the prison shall be conducted annually by a certified, independent party using generally accepted accounting principles.
(4) Funds associated with inmate telephone services shall be audited and reported to the governing county prison authority on an annual basis by an independent party using generally accepted accounting principles.
(5) Funds associated with an industries program and a work release program shall be audited and reported to the governing county prison authority on an annual basis by an independent party using generally accepted accounting principles.
§ 95.240. Inmate disciplinary procedures.
The following are the minimum requirements applicable to inmate disciplinary procedures:
(1) County prisons shall operate a disciplinary process that provides clear notice of prohibited behavior and consistently applied sanctions for violations of prison rules. Disciplinary procedures governing inmate rule violations must address the following:
(i) Rules.
(ii) Minor and major infractions.
(iii) Criminal offenses.
(iv) Disciplinary reports.
(v) Prehearing actions.
(vi) Prehearing detention.
(vii) Appeal of disciplinary decisions.
(2) Violation of prison rules may result in the imposition of discipline. Violations shall be designated as being either a major infraction or a minor infraction. A major infraction charge requires use of a hearing procedure for resolution. A minor infraction charge may be resolved without a hearing procedure.
(3) Discipline for a minor infraction may not be imposed unless a written statement as to the rule violated is prepared and a person not involved in the rule violation reviews the statement and makes a decision as to guilt.
(4) Discipline for a major infraction may not be imposed unless the [prisoner] inmate has been informed of the offense charged in writing, has had an opportunity to present a defense and has been found guilty of the charge by an impartial party or board designated by the prison administrator. [(3)] Findings of guilt or innocence [shall be made by an impartial party to be designated by the prison administrator. Findings] shall be expressed in writing and based on information presented. Written findings of guilt [shall] must state the reasons for the finding.
[(4)] (5) Disciplinary charges and written findings relative to a major infraction shall be recorded and made a permanent part of an inmate's prison file.
[(5)] (6) Disciplinary sanctions imposed after a finding of guilt for a major infraction may include loss of privileges, segregation or other sanctions as set forth in written local policy.
(7) When an inmate in disciplinary status is deprived of any usual authorized items or activity, a report of the action is to be made to the prison administrator. If an inmate in disciplinary status uses food or food service equipment in a manner that is hazardous to self, staff or other inmates, an alternative meal may be provided, upon the approval of the prison administrator or designee and responsible health care provider.
[(6)] (8) * * *
§ 95.241. Security.
[(a) Minimum requirements. The minimum requirements applicable for security are as follows:
(1) Generally. The following general provisions shall be in effect:
(i) Supervision on a 24-hour basis by trained personnel is required in jails housing any number of inmates. One jail officer with one additional officer on call for assistance shall be the minimum in all jails housing any number of prisoners up to ten. A jail having over ten inmates shall have at least two jail officers present for duty on the premises. In general, the minimum required custody ratio is one officer per shift for 15 inmates. For example, with a population 45, a jail shall have nine officers. An administrator may schedule those nine officers as he sees fit, as for example: four on the first shift; three on the second shift; and two on the third shift, or some other arrangement which would be appropriate to that particular jail. A good administrator, however, shall have a greater ratio than the minimum.
(ii) A matron or other qualified female employe shall be present in the jail, awake and alert at all times, while a female prisoner is in custody. The same minimum ratio for female prisoners as for male prisoners is required.
(iii) Sufficient jail officers shall be present in the jail, awake and alert at all times, to provide adequate supervision while prisoners are in custody.
(iv) A male jail officer shall enter the female area only in the presence of a matron.
(v) In an institution holding both men and women, the part used for women shall be under the authority of a responsible woman officer who shall have the custody of the keys to all that part of the institution.
(vi) Prisoners shall never be permitted to assume any authority whatsoever over other prisoners.
(vii) Prisoners assigned as trustees should be supervised.
(viii) If trustees leave the jail premises for any reason they shall be thoroughly searched upon their return.
(ix) Inmates with detainers should be assigned to trusty status only if jail staff is aware of the circumstances.
(2) Weapons. The following provision regarding weapons shall be in effect:
(i) In the event of a general emergency, appropriate emergency plans shall be followed in accordance with previously established procedures.
(ii) The following guidelines shall govern the use of weapons:
(A) Weapons shall not be carried in normal prison operation. Tower or outside security assignments are exceptions.
(B) Adequate weapons, to include batons and chemical mace, shall be available in a locked security area accessible to prison administrator or his designated representative.
(C) The jail administrator or an officer designated by the jail administrator shall determine the need for carrying concealed mace or exposed batons or the use thereof during any movement of prisoners. He shall base his determination upon the physical facilities, type and attitude of the offender, and the personal safety of self and fellow officers.
(D) Any use of the baton or chemical mace upon any prisoner shall be recorded in writing and be reported to the Department of Corrections, Division of County Correctional Services, in accordance with established procedures for extraordinary occurrences reports.
(iii) Personnel shall be trained in security measures and in the handling of special incidents such as assaults, generalized disturbances, fires, escapes, and the like.
(iv) Law enforcement personnel shall be provided with a locked security area for their weapons when visiting the jail. Personnel who normally carry weapons in their usual duties, including law enforcement officers, should be cautioned about leaving weapons inside cars in the prison parking area.
(v) Tear gas shall be used only as last resort to bring one or more prisoners under control. It shall be used only after thoroughly considering the hazards involved, including consideration for the area where it is to be used.
(vi) Permission to use tear gas shall be obtained from the jail administrator or an officer designated by him to supervise the use of tear gas.
(vii) Prisoners affected by tear gas shall be given a medical checkup as soon as possible after the incident is under control.
(viii) The key to the armory shall not be kept on the key board.
(ix) If the jail has a safe, the key to the armory shall be kept in it.
(3) Key control. The following provisions shall apply to the control of keys:
(i) Jail keys shall be stored in a secure locker when not in use, and a record of all keys shall be kept.
(ii) In addition to one set of keys in use, one or more sets shall be stored in a safe place.
(iii) Jail officers shall exercise every precaution while carrying keys or potentially dangerous articles in the presence of prisoners.
(iv) Under no circumstances will prisoners be permitted access to jail keys or personnel records or records of other inmates. This should not prevent inmates from having keys to personal lockers and honor cells if provided.
(v) Jail personnel shall be familiar with the locking system of the jail and shall be able to release prisoners in the event of a fire or other emergency.
(vi) If opening and closing cell block doors, all employes shall be alert to possible escape attempts.
(vii) Damaged or malfunctioning keys or locks shall be promptly repaired.
(viii) Ignition keys shall be removed from all motor vehicles in the jail parking area. Doors of motor vehicles shall be securely locked.
(ix) Cell block doors and doors opening into a corridor shall be kept locked, except when necessary to permit admission or exit of prisoners, visitors or employes.
(x) The key control center shall be the only place where keys may be checked in and out. It shall be secure from entry by prisoners.
(xi) The control center shall have a key book containing the following:
(A) The number of each key.
(B) The trade name of each lock and its location.
(C) The number of keys available for each lock.
(xii) Key rings shall contain either inside or outside keys, but not both.
(xiii) Lock malfunctions shall be reported immediately.
(xiv) Lock changes shall be reported immediately.
(xv) Prisoners shall never be permitted to handle keys.
(4) Control of contraband. The following shall apply to the control of contraband:
(i) Jail personnel shall understand what articles are considered to be contraband.
(ii) Prisoners shall be searched when they are admitted to the jail and periodically while confined.
(iii) Cells shall also be searched for contraband that has been missed or that somehow has found its way into the cell.
(iv) Prisoners permitted to leave the jail under a work program, to appear in court or for any other reason shall be searched before re-entering the jail.
(v) Both unoccupied and occupied cells shall be searched for contraband frequently but not according to a set and regular routine.
(vi) Unoccupied cells shall be kept locked at all times.
(vii) Eating utensils shall be accounted for and returned to the kitchen after each meal.
(viii) An officer shall be subject to search upon entering or leaving the jail.
(ix) Prisoners may not assist in searching of cells or in other security inspections.
(5) Use of physical force. The following shall govern the use of physical force:
(i) Physical force may not be used on prisoners unless necessary, and then only that amount of physical force which is required to achieve the purpose is justified.
(ii) The use of necessary physical force shall be restricted to the following situations:
(A) If absolutely necessary in self-defense or to prevent an assault on staff or other prisoners.
(B) To prevent escapes.
(C) To prevent serious destruction of property.
(iii) When physical force is used, an extraordinary occurrence report shall be written and filed with the Department of Corrections, Division of County Correctional Services.
(6) Emergency plans. The following shall govern emergency plans:
(i) Every jail shall have a written emergency plan. It is impossible to develop a single emergency plan that is useful for every jail.
(ii) Each plan shall contain basic information and instructions for all jail officers, to include at least the following:
(A) To whom shall the emergency be reported.
(B) Who is in charge.
(C) A description of duties for each kind of emergency.
(D) How these duties in an emergency are coordinated with the duties of other jail personnel.
(E) How to use emergency equipment.
(F) Outside police or other agencies to be contacted.
(7) Instruments of restraint. The following shall govern the use of instruments of restraints:
(i) Instruments of restraint, such as handcuffs, chains, irons, come-a-longs and straitjackets, may not be used as a punishment.
(ii) Instruments of restraint may be used in the following circumstances:
(A) As a precaution against escape during a transfer.
(B) On medical grounds by direction of a medical doctor.
(C) By order of the jail administrator or his appointed representative, if other methods of control fail, in order to prevent a prisoner from injuring himself or others or from damaging property; in such instances the jail administrator or his representative shall at once consult a medical doctor.
(iii) Instruments of restraint may not be applied for a longer length of time than is absolutely necessary. Use of restraints shall be recorded on inmate's file.
(iv) Whenever instruments of restraint are used outside of the process of prisoner transportation or for medical reasons within a hospital setting, a written extraordinary occurrence report shall be prepared and submitted to the Department of Corrections, Division of County Correctional Services.
(8) Tools. The following shall govern the use of tools:
(i) The work supervisor shall determine that the prisoner knows how to use the tools that are issued to him.
(ii) The work supervisor is responsible for insuring that the prisoners have been instructed in safety procedures.
(9) Prison provided transportation. The following shall govern transportation that is provided by prison officials:
(i) Vehicles used to move prisoners shall have adequate ventilation, lighting and shall be safe.
(ii) The prisoner may not be subjected to unnecessary physical hardships during the period of transportation.
(iii) The escort officer shall treat the prisoner firmly, but humanely and with consideration for his dignity and status as a human being.
(iv) The escort officer shall search the prisoner before any restraints are placed upon him.
(v) Restraints used shall be checked at intervals for security.
(vi) Firearms carried by the escorting officer shall be concealed and continuously protected so that they may not be taken by the prisoner.
(vii) Should a prisoner escape, the nearest law enforcement agency shall be notified.
(b) Recommended guidelines. The recommended guidelines for security are as follows:
(1) Generally. The following general provisions are recommended guidelines:
(i) Trustees should leave the jail proper only when accompanied by an officer.
(ii) Articles which may be converted into weapons should be removed from within reach of prisoners unless the article is being used by an inmate for an authorized purpose. Security type safety razors or battery type razors shall be used and removed from cell areas when not in use.
(iii) Keys should always be kept covered.
(2) Tools. The following are the recommended guidelines for tools:
(i) A receipting system for issuance of tools to employes should be maintained.
(ii) Tools of outside maintenance men should be carefully checked upon admittance to the jail and when they depart.
(iii) Prisoners should be allowed to use tools only under supervision.
(iv) Tools used within the jail or belonging to the jail should be numbered and recorded. They should be kept in a locked tool-storage area which is secure and is located outside the security perimeter of the jail.
(v) Tools should be checked out by the work supervisor.
(vi) Tools are returned at the end of the working day.
(vii) Tools should be inspected when returned.
(3) Counting procedures. The following are the recommended guidelines regarding counting procedures:
(i) A recorded inmate headcount should be made at least four times daily.
(ii) At least one official count should be made on each shift. In addition, any time there is mass movement of prisoners from one area to another, an official count should be made.
(iii) During the count the recommended guidelines are as follows:
(A) Prisoners should not move about.
(B) The officer making the count should be able to see the prisoner he is counting.
(C) Only a jail officer should conduct a count.
(D) Interruptions should not be permitted during the count.
(iv) Spot checks should be made at irregular intervals, both day and night.]
The following are the minimum requirements applicable to security:
(1) Supervision of inmates.
(i) Written local policy must specify the number of staff required to maintain care, custody and control of the inmate population on a 24-hour basis. Staff used to maintain the care, custody and control of the inmate population shall meet the minimum training requirements of § 95.221 (relating to personnel).
(ii) An initial staffing analysis shall be conducted to determine the staffing allotment and post assignments necessary to safely operate the prison. In determining the number of staff needed, relief factors are to be calculated for each classification of staff that is assigned to relieve posts or positions. Consideration must include, but not be limited to, annual leave, average sick leave usage, holidays, military leave, regular days off and training. The staffing analysis shall be reviewed and documented on an annual basis by the prison administrator. The results of this annual staffing analysis must serve as the required staffing allotment designated for the prison. Information on the number and type of positions filled and vacant shall be available at all times.
(iii) Written local policy must provide that assignments/posts shall be staffed without regard to gender except when reasonable accommodation to inmate privacy cannot be maintained. Prison staff of the opposite gender to that of the inmate population may not be given assignments/posts that require continuous and open viewing of unclothed inmates. When both male and female inmates are housed in the prison, at least one male corrections staff member and one female corrections staff member shall be on duty at all times.
(iv) Written local policy must require that inmates never be permitted to assume any authority over other inmates. Inmates may not be permitted access to prison employee records, the records of other inmates or other prison records.
(v) The prison shall maintain a 24-hour secure control center for monitoring and coordinating the prison's security, life safety and communications systems. Correctional staff assigned to the control center shall maintain a permanent log and shift reports that record routine information, emergency situations and unusual incidents.
(vi) Written local policy must provide that the prison administrator or assistant prison administrator and management staff designated by the prison administrator visit the prison's living and activity areas at least monthly to encourage contact with staff and inmates and observe living and working conditions. The visit shall be documented.
(2) Use of force.
(i) Force shall be restricted to instances of justifiable self-defense, protection of others, protection of property and prevention of escapes, and only the least amount of force necessary to achieve that purpose is authorized. Force may not be used as a means of punishment or revenge.
(ii) Written local policy must specify:
(A) Authorized purposes allowing for the use of force.
(B) Physical restraints, chemical agents, stun devices, batons or firearms permitted for use by prison staff.
(C) Appropriate limitations for the authorized use of force.
(D) Force options, beginning with the least amount of force and progressing through the degrees of nondeadly and deadly force.
(E) Secure storage arrangements for restraints, chemical agents, stun devices, batons and firearms. A written record shall be maintained as to the distribution of these items. A documented inventory of these items shall be conducted on a monthly basis to determine accountability and condition.
(F) Circumstances and types of force requiring specific authorization for use of force and who shall authorize.
(G) Medical consultation, review and treatment required when use of force occurs.
(H) Training for staff in the use of force. The training shall occur before staff is assigned to a post involving the possible use of authorized equipment. This training must cover the use, safety and care of the equipment and the limitations on its use. The prison staff authorized to use the equipment shall demonstrate competency in its use during the recognized certification period. Competency must be documented.
(iii) Law enforcement personnel conducting official business on prison premises who have in their possession equipment or weapons not permitted into the prison shall be provided a locked security area to properly secure the equipment or weapons.
(iv) Written local policy must require that each prison staff member involved in any use of force for other than routine inmate movement/escort/transportation shall submit a written report to the prison administrator or designee. In addition, this information shall be documented and reported to the Department, as required under § 95.242 (relating to statistical/informational reporting requirements).
(3) Emergency plans.
(i) Every prison shall have emergency plans for responding to emergency incidents, including escape, fire, disturbances, hostage taking, bomb threat, terrorism, biological/chemical incidents, utility outages, natural disasters and evacuation/relocation. The emergency plans must contain basic information and instructions for the prison staff including:
(A) To whom the emergency shall be reported.
(B) The chain of command during an emergency.
(C) The outside agencies to be contacted for response to an emergency.
(D) A description of duties of staff for each type of emergency.
(E) An identification of emergency keys/security devices and access location. There shall be a means for the immediate release of inmates from locked areas and provisions for a back-up system.
(F) An evacuation plan.
(G) How to use emergency equipment.
(H) Training for staff to handle emergencies. Prison personnel shall be trained annually in the implementation of the emergency plans. The training shall be documented.
(I) The written agreements with other jurisdictions for handling emergency incidents and the possible evacuation of inmates.
(ii) Emergency plans 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, changes in constitutional standards or in recognized professional standards. The annual review and updates shall be documented.
(iii) Any emergency shall be documented and reported to the Department, as required by § 95.242.
(4) Access control. Written local policy must identify:
(i) Current listing of all keys/access cards.
(ii) Storage/back-up/protection arrangements for keys/access cards and accessible security devices. Keys/access cards shall be stored in a secure location when not in use. A set of emergency prison keys/access cards shall be stored in a controlled location outside the secure perimeter.
(iii) Criteria for use of keys/access cards and security devices.
(iv) Security measures required for the installation/maintenance/repair/replacement of keys/access cards and security devices. An inspection of all keys/access cards and security devices shall be conducted quarterly to determine status, condition and need for action. The results of this inspection shall be documented and submitted to the prison administrator or designee.
(v) Staff responsible for authorizing use of applicable keys/access cards and security devices. Inmates may not be permitted access to keys/access cards and security devices.
(vi) Inventory and receipt system to account for keys. Keys/access cards shall be checked out and checked in. A record shall be maintained to identify keys/access cards issued, identifying the person possessing and returning said key/access card. The record must allow a current accounting as to the location and possessor of keys/access cards.
(vii) Staff training required to use keys/security devices, particularly the ability to release inmates in the event of a fire or other emergency.
(5) Contraband control. Written local policy must describe time, methods and techniques and identify:
(i) What is considered contraband.
(ii) Procedures for conducting personal searches of inmates, vendors, volunteers, visitors and staff. All individuals shall be subject to search upon entering or leaving the prison. Inmates permitted to leave the prison for any reason shall be searched prior to reentering the prison.
(iii) Procedures for conducting cell/dormitory/area searches. Searches of all cell/dormitory/area locations are to be conducted at least twice annually to determine the presence of contraband and the security status of bars, doors and windows. The results shall be documented and submitted to the prison administrator or designee.
(iv) Procedures for conducting security checks of the interior and the security perimeter of the prison. At least one daily security check shall be conducted of all interior areas and the security perimeter to determine matters such as staff and inmate concerns and faulty or unsafe conditions. The results of this security check shall be documented and submitted to the prison administrator or designee.
(v) Staff training required to conduct searches/security checks.
(f) Tool/equipment control.
(1) Written local policy must identify:
(i) The current listing of authorized tools/equipment.
(ii) The security measures required for the maintenance/repair/replacement of tools/equip- ment. An inspection of all tools/equipment shall be conducted semiannually to determine status, condition and need for action. The results of this inspection shall be documented and submitted to the prison administrator or designee.
(iii) The staff responsible for authorizing use of tools/equipment. Inmates may not be permitted access to these items, except as issued by authorized prison staff.
(iv) The storage arrangements for tools/equip- ment. Tools/equipment shall be stored in a secure locker or area when not in use. These items shall be stored so that their presence or absence can be immediately determined.
(v) An inventory and receipt system to account for all tools/equipment. These items shall be checked out and checked in by means of the designated maintenance area. This maintenance area shall be secure from entry by inmates. A record shall be maintained to document any tools/equipment issued, identifying the person possessing and returning said item. Tools/equipment shall be returned to the designated maintenance area daily, with a documented inventory done as to accountability and condition. There shall be a current accounting as to the location and possessor of these items.
(vi) The directions given to staff and inmates in the use of tools/equipment.
(vii) The safety procedures to protect persons who use tools/equipment.
(2) Inmates given assignments in the work assignment program, industrial program or the public works/community service program shall be supervised by persons designated by the prison administrator or designee. These inmates shall be subject to searches as prescribed by procedure.
(g) Count control. Written local policy must require that at least one formal, physical inmate headcount be conducted for each shift, with at least three headcounts being completed within each 24-hour period. Each headcount shall be documented in the prison's records. In the performance of the formal inmate headcounts, each inmate in attendance shall be observed as to flesh and movement. There shall be strict accountability for all temporary absences from the prison by an inmate. Only prison staff trained to conduct a formal inmate headcount shall perform the count. Written local policy must describe time, methods and techniques to be followed in making any counts and remedying count discrepancies.
(h) Inmate transportation. Written local policy must identify the circumstances and means for transporting inmates, including specifying the vehicles and persons authorized for that purpose. Written local policy must identify what restraint and search techniques are to be used and any special precautions. Written local policy must include contingency plans to be followed in the event of an accident, escape/security breach or medical emergency during transportation.
§ 95.242. [Extraordinary occurrences reports] Statistical/informational reporting.
[Minimum requirements. The following are the minimum requirements applicable to extraordinary occurrences reports:
(1) Extraordinary occurrences which involve or endanger the lives or physical welfare of jail officers or prisoners in the jail shall be reported to the Division of County Correctional Services, Department of Corrections, in writing on a form supplied by the Division within 48 hours.
(2) Extraordinary occurrences shall include the following:
(i) Death, including suicide or homicide, even if the person was transferred to a hospital before death occurred and thus did not actually expire in the jail.
(ii) Attempted suicide.
(iii) Escape.
(iv) Attempted escape.
(v) Fire.
(vi) Riot or serious disturbances.
(vii) Serious injuries.
(viii) Assault on officers.
(ix) Use of mace or gas.
(x) Use of instruments of restraint, other than in the transportation of prisoners and for medical reasons in a hospital setting.
(xi) Physical force used on a prisoner.
(xii) Outbreak of infectious diseases.]
The following are the minimum requirements applicable to the collection of statistics and other information by the Department:
(1) Monthly county prison and jail data. County prisons shall submit to the Department a completed County Data Monthly Report (Population Information) on designated report forms or by other available approved methods. The County Data Monthly Report (Population Information) shall be submitted within 30 days of the end of the reporting month.
(2) Report of extraordinary occurrence.
(i) County prisons shall submit to the Department a completed County Extraordinary Occurrence Monthly Report (Incident Information) on designated report forms or by other available approved methods. The County Extraordinary Occurrence Monthly Report (Incident Information) shall be submitted within 30 days of the end of the reporting month.
(ii) An incident qualifies as an extraordinary occurrence when an incident involves one or more of the following and meets the associated conditions:
TYPE OF INCIDENT ONLY COMPLETE IF Death -- All cases Natural
Accidental
Homicide
SuicideEscape -- Law enforcement referral Actual
Walk-a-way
AttemptInfectious Diseases/
Communicable Diseases-- Department of Health reporting required Mental Health Commitment -- All cases Mental Health 302
Mental Health 304Attempted Suicide -- Medical treatment beyond immediate first aid or mental health referral or both Use Of Force
Physical
Restraints
Chemical agent
Stun device
Baton
Firearms-- Whenever utilized for other than routine use of restraints during inmate movement/escort/
transportationAssault
On staff by inmate
On inmate by staff
On inmate by inmate-- Medical treatment beyond immediate first aid or law enforcement referral or both Emergency
Fire
Disturbance
Hostage
Bomb threat
Terrorism
Biological/chemical
Utility outages
Evacuation/relocation
-- Outside agency assistance or law enforcement referral or both (iii) An incident qualifies as an extraordinary occurrence when an incident involves an inmate, prison employee, contractor, volunteer or visitor in a situation occurring within the prison, on prison property or while an inmate is under custody of the prison, or during the performance of a prison employee's official duties.
(3) County prisons shall submit to the Department a completed Annual County Prison General Information Report on designated report forms or by means of other available approved methods. The Annual County Prison General Information Report for the preceding calendar year shall be submitted by the first Monday in March of each year.
(4) The data and information submitted to the Department in the County Data Monthly Report, the County Extraordinary Occurrence Monthly Report and the Annual County Prison General Information Report shall be collected for statistical, analytical and trending purposes only.
§ 95.243. Treatment services.
[(a) Minimum requirements. The following are the minimum requirements governing treatment services:
(1) Jails shall provide counseling services to the inmate population. Subject to the size of the inmate population, counseling services shall be available a minimum number of hours per week and may be offered by paid, qualified counselors; by negotiating contracts with existing public or private qualified agencies; by the use of professional volunteers; by self-help groups; or by a combination of any or all of these. The services shall be given by or be under the supervision of a qualified counselor, who may be hired on a part-time basis, according to the size of the inmate population, or who may be employed by a qualified agency with whom the jail contracts for services. Counseling shall include group and individual counseling of a general nature; vocational rehabilitiation counseling; social casework and group work, including self-help groups such as Alcoholics Anonymous and similar groups; testing and clinical psychological services; and psychiatric services. A qualified counselor is one who has preferably a Master's Degree, but no less than a Bachelor's degree in one of the behavioral sciences and who meets the minimum standards of the profession for the job he or she is performing. A contracting agency may be either public or private, provided the employes who perform the services in the jail meet the standards for qualified counselor. A professionally qualified volunteer counselor is one who meets the standards for qualified counselor, is professionally employed or retired, and who volunteers his or her services.
(2) Counseling services shall be provided on the following basis:
(i) In jails with an average daily inmate population of ten or less, the administrator shall submit a letter to the Department of Corrections, Division of County Correctional Services, explaining how all inmates have access to counseling services.
(ii) Jails with an average daily inmate population of under 25 but over ten shall provide no less than eight hours of counseling services per week.
(iii) Jails with an average daily inmate population of under 50 but over 25 shall provide no less than 16 hours of counseling services per week.
(iv) Jails with an average daily inmate population of under 75 but over 50 shall provide no less than 40 hours of counseling services per week.
(v) Jails with an average daily inmate population of under 175, but over 75 shall have two full-time treatment personnel, one of whom shall be the treatment supervisor. Counseling services shall be available no less than five days per week. The treatment supervisor shall coordinate all counseling programs, the use of self-help groups, involve local qualified agencies both by promoting professional volunteers and by contracting for needed services, as well as provided services himself or herself. The treatment supervisor shall meet the minimum standards for qualified counselor. In jails where a classification committee exists, the treatment supervisor shall be a member of the classification committee.
(vi) Jails with an average daily inmate population of 175 or more shall have, in addition to the treatment supervisor, one qualified counselor for every 75 inmates over the first 75. His duties shall be to provide direct services and help the overall treatment program under the direction of the treatment supervisor.
(3) The jail administrator shall develop a written plan as to how he plans to meet the minimal treatment standards and send it to the Department of Corrections, Division of County Correctional Services. Qualifications set forth in this section do not apply to personnel currently employed in treatment services if they pursue courses leading to the above stated qualifications.
(4) If the jail administrator is faced with unusual problems which make it unfeasible or impossible to meet the minimum requirements for treatment services, he or she should write to the Department of Corrections, Division of County Correctional Services and request an appropriate alternative.
(5) Jails not required to hire full-time treatment personnel may meet the minimum requirements by complying with the following:
(i) Hiring a part-time counselor.
(ii) Contracting with an existing qualified agency.
(iii) Utilizing the services of a professionally qualified volunteer.
(6) Jails not required to hire full-time treatment personnel shall appoint a liaison person to help the counselor or counselors operate in the jail with a maximum of efficiency and effectiveness and the minimum of red-tape. This liaison person may be the warden or some employe designated by the warden. Volunteers shall undergo a training and orientation program supervised by the warden.
(7) Jails shall have each prisoner interviewed as soon as possible after admission.
(8) On the basis of the initial interview, and with the aid of psychological testing if deemed necessary and feasible, a treatment plan shall be developed and discussed with the inmate. Within reasonable limits, the inmate should have the right to accept or refuse the treatment.
(9) An unsentenced inmate shall have the right to refuse treatment without qualification.
(10) If an inmate is found to be psychotic or otherwise mentally disturbed, he or she shall not be treated in the jail, but shall be transferred to a mental health facility in accordance with the provisions of the Mental Health Act (50 P. S. § 4412).
(b) Recommended guidelines. The following are the recommended guidelines for treatment services:
(1) Wherever possible, a sufficient number of other specialists such as psychologists, social workers, teachers, and trade instructors should be provided.
(2) Good jail administrators shall encourage diversionary measures wherever possible. The progressive administrator shall strive to make maximum use of community treatment centers, release on recognizance, bail bonding, and any other programs which shall protect the public and at the same time serve the best interests of justice.]
The following are the minimum requirements applicable to treatment services:
(1) Written local policy must:
(i) Designate that the delivery of treatment services shall be supervised by a treatment professional who is employed by the prison, someone under contract with the prison or who serves as a volunteer.
(ii) Identify treatment programs.
(iii) Designate who is responsible to provide each treatment program.
(iv) Identify the number of hours provided per week for each treatment program and the total number of hours provided per week for all treatment programs.
(2) Treatment services must include, but are not limited to, the following programs:
(i) Education.
(ii) Social services.
(iii) Alcohol and other drugs.
(iv) Counseling services.
(3) Treatment programs shall be provided by a treatment professional or a person certified, licensed or trained to provide that programming who is employed by the prison, under contract with the prison or who serves as a volunteer, or by any combination thereof.
(4) Written local policy must specify that all inmates admitted to the prison receive a treatment intake screening, performed and recorded by a person with treatment training. This screening must include, but not be limited to, the determination of current mental and emotional stability, medical status, immediate personal/family issues, the identification of legal representation, and the obtaining of the name of a relative or other person for notification in the event of an emergency. A record of the screening shall be kept as part of the permanent prison document.
(5) An inmate determined upon admission to be in need of immediate treatment services shall be assessed by a treatment professional within 7 days.
(6) Following review of the initial treatment intake screening by a treatment professional, a treatment needs assessment shall be conducted by a treatment professional within 14 days following admission. This assessment must identify individual treatment needs and, within available prison and community resources, provide for access to supportive and rehabilitative services. The assessment shall be recorded as part of the inmate's file. This assessment must include, but is not limited to:
(i) Review of history of psychotherapy, psycho-educational groups and classes or support groups.
(ii) Review of history of drug and alcohol treatment.
(iii) Review of educational history.
(iv) Review of history of sexual abuse-victimization and predatory behavior.
(v) Review of history of violence.
(7) Written local policy must identify the procedures for evaluating whether an inmate is mentally ill and proceedings under the Mental Health Procedures Act (50 P. S. §§ 7101--7503), should be initiated.
(8) Except when subject to an involuntary commitment under the Mental Health Procedures Act or unless otherwise directed by court order, inmates shall have the option to refuse treatment services.
(9) Written local policy must specify that there is no discrimination regarding treatment services access based on an inmate's race, religion, national origin, gender, or disability. If both genders are housed in the prison, all available services and programs shall be comparable.
§ 95.244. Community involvement.
[Recommended guidelines. The following are the recommended guidelines for community involvement:
(1) Community involvement with the jail and involvement of personnel and selected inmates in community activities should be encouraged. This may include the following:
(i) Tours of facilities by church groups, college classes, fraternal, civic and other responsible organizations. Such tours shall be conducted not only for viewing the physical plant, but as a means of interpreting treatment programs and correctional needs. Every effort should be made during such tours to respect the privacy of prisoners desiring such.
(ii) Participation of community organizations in meaningful institutional programs.
(iii) The use of volunteers who are trained and supervised in structured activities.
(iv) Speaking engagements by jail administrator and staff.
(v) Participation in community activities by inmate speakers, panels, choirs, and sports teams.
(2) Members of the news media with proper credentials should be encouraged to visit the jail. Such occasions should be utilized by the jail administrator, custodial, and professional staff to orient newsmen to jail management, inmate behavior, rehabilitation efforts, and to problems and limitations of the jail.]
The following are the minimum requirements applicable to community involvement:
(1) Written local policy must identify and explain any authorized community involvement activities. Adherence to inmate privacy rights shall be maintained and a waiver process shall be established.
(2) Written local policy must identify the criteria for permitting the interaction of members of the community with staff and inmates. Before participating in any activity, these individuals or groups shall receive documented direction as to their general and specific responsibilities, as well as the rules of the prison. Individuals may only participate in activities consistent with their credentials, training or experience.
(3) Written local policy must identify the person responsible for coordinating and supervising community involvement activities.
§ 95.245. Incoming publications.
[Recommended guidelines. The following are the recommended guidelines for incoming publications:
(1) The jail administrator should give a wide latitude in allowing outside magazines, newspapers, reference materials, training manuals, religious tracts and pamphlets, fiction and nonfiction books, and legal publications to enter the jail whether a part of the library or as personal inmate purchase.
(2) A decision to declare a publication unacceptable should be based on a clear showing that admission of the publication shall jeopardize the discipline and good order of the jail.
(3) All prisoners should be permitted a reasonable quantity of reading materials and all legal materials necessary for research or preparation of his or her case, to be retained in his or her cell, locker, or dormitory. Neatness and good order should be of primary concern rather than a specified number of publications. Excessive quantities should be disposed of by amicable agreement with the inmate if at all possible.]
The following are the minimum requirements applicable to incoming publications:
(1) Written local policy must specify the procedure for receiving, reviewing and allowing publications into the prison, including the searching of incoming publications for contraband.
(2) Written local policy must establish the criteria for prohibiting a publication from coming into the prison, including the defining of obscene material. Incoming publications may be read and examined by the prison administrator or a designee. The criteria for prohibiting a publication from coming into the prison must be related to maintaining the order, security or safety of the prison or the exclusion of obscene material.
(3) Written local policy must identify the procedure for allowing access to both recreational and instructional reading materials for use by inmates.
§ 95.246. Investigations [of deaths]--deaths and sexual assaults/threats.
[Minimum requirements. The following are the minimum requirements for investigations of deaths of prisoners or jail staff:
(1) Whenever a prisoner or staff member dies within the jail or on jail property, whether the death be from suicide, violence, accident, or natural causes, an investigation by the local police or an appropriate law enforcement agency shall be requested. An extraordinary occurrence report shall be filed with the Department of Corrections, Division of County Correctional Services.
(2) The jail administrator or staff person in charge shall contact the county coroner and the local police via telephone and request an immediate investigation when notified of the death of a prisoner or a jail employe. A follow-up written request shall be made to the police or other law enforcement agency with an additional request that a copy of the investigation report be forwarded to the Department of Corrections, Division of County Correctional Services.]
The following are the minimum requirements for investigation of:
(1) Deaths.
(i) The prison administrator shall immediately notify the coroner and the appropriate law enforcement agency when an inmate dies within the prison, on prison property or while in the custody of prison staff. Immediate notification shall also be made to the coroner and the appropriate law enforcement agency when a prison employee, volunteer, contractor or visitor dies within the prison, on prison property or while in the performance of his official duties.
(ii) Written local policy must describe the procedure to be followed in the event of the death of an inmate, prison employee, volunteer, contractor or visitor. The policy must include identification of the coroner and the law enforcement agency to be notified. The policy must also specify who is responsible for contacting the coroner and the law enforcement agency, coordinating investigative efforts with the coroner and the law enforcement agency and completing and submitting a report to the governing county prison authority. Whenever such a death occurs, it shall be documented and be reported to the Department and the United States Department of Justice.
(2) Sexual assaults/threats.
(i) The prison administrator or designee shall immediately report occurrences of sexual assault or threat in accordance with the laws of the jurisdiction. The designated law enforcement agency shall be notified and an investigation requested when a sexual assault or threat occurs within the prison, on prison property or while in the custody of prison staff. An immediate request for investigation shall also be made when a prison employee, volunteer, contractor or visitor indicates that a sexual assault or threat has occurred within the prison, on prison property or while in the performance of his official duties.
(ii) Written local policy shall describe the procedure to be followed in the event of a sexual assault or threat involving an inmate, prison employee, volunteer, contractor or visitor. The policy must include identification of the law enforcement agency to be notified. The policy must also specify who is responsible for contacting the law enforcement agency, coordinating investigative efforts with that said agency and completing and submitting a report to the governing county prison authority. Whenever such a sexual assault or threat occurs, it shall be documented and shall be reported to the Department and the United States Department of Justice.
§ 95.247. Notification.
[Minimum requirements. The following are the minimum requirements governing notification of death of a prisoner, next of kin of a prisoner, or the transfer of the prisoner:
(1) A prisoner shall be informed at once of the death or serious illness of a family member. In such cases, if the family member resides in Pennsylvania, the prisoner may be authorized to go to the funeral or bedside either under escort or alone, with court approval.
(2) Upon the death or serious illness or serious injury to a prisoner, or his removal to an institution for the treatment of mental illness, the jail administrator shall at once inform the spouse, or nearest relative or other person previously designated by the prisoner.
(3) Every prisoner shall have the right to notify at once his family of his transfer to another institution. If the prisoner lacks funds, he shall be given a free letter to notify the family.]
The following are the minimum requirements applicable to notification:
(1) Written local policy shall provide for prompt notification by prison authorities of an inmate's listed emergency contact in the event of the inmate's death, serious illness or serious injury. The policy must also provide for prompt notification to an inmate in the event of the death, serious illness or serious injury to the inmate's immediate family member.
(2) Written local policy, in accordance with sections 201 and 214 of the Crime Victims Act (18 P. S. §§ 11.201 and 11.214), must establish a victim notification procedure. The procedure must identify how victims register for notification, the circumstances for which victims are notified, how this information will be maintained in a confidential manner and who is responsible for notifying the victim. If the inmate is a State prisoner on writ for local court proceedings, the county prison shall immediately contact the State correctional institution from which the inmate was transferred when circumstances exist requiring notification of the victim. In this instance, disclosure to the victim will be then handled by the Department.
(3) Written local policy must specify a procedure for the transfer of inmate information. The procedure must identify the information to be transferred between county and State correctional facilities, when this information is to be transferred, how this information is to be transferred and who is responsible for the transfer of information.
§ 95.248. Sanitation, maintenance and safety.
[Minimum requirements. The following minimum requirements shall apply to sanitation and safety:
(1) Local codes relating to fire, health and safety shall be followed.
(2) If available, fire safety standards shall follow guidelines of the local fire department. Otherwise a fire extinguisher, or hose assembly connectable to available water outlet, shall be required on every floor of the jail.
(3) If available, a fire safety plan shall be developed with the local fire department and evidence of this arrangement shall be on file.
(4) Jails shall follow the regulations set forth by the Department of Labor and Industry for safety standards and fire regulations.]
The following are the minimum requirements applicable to sanitation, maintenance and safety:
(1) The prison shall adhere to applicable governmental regulations regarding sanitation, maintenance and safety as promulgated by those agencies and departments so authorized by law.
(2) Written local policy must identify a sanitation and housekeeping plan. This plan must address all prison areas and provide for daily housekeeping and regular maintenance by assigning specific duties and responsibilities to staff and inmates. Inmates shall be required to maintain their immediate living area and adjacent general space in a sanitary condition. The control of vermin and pests shall be addressed on a monthly basis by a qualified person, with documentation of the application of any pest or vermin control treatment. A sanitation inspection shall be conducted of all prison areas on a monthly basis to determine the health and safety status of the prison and the need for action. The results of this inspection shall be documented and submitted to the prison administrator or designee.
(3) Written local policy must identify a preventive maintenance program for the physical plant of the prison. This program must ensure the regular care and inspection of equipment that is essential for safe and efficient operation. A qualified person shall conduct an inspection of all equipment, at least semiannually, as specified by the manufacturer, to determine condition and need for action. The results of this inspection shall be documented and submitted to the prison administrator or designee.
(4) Written local policy must provide for the inventory, control, storage and clean-up of toxic, caustic and flammable substances. Written local policy must also specify an exposure control plan for governing the handling of blood-born pathogens.
(5) Prison operational support areas, to include laundry room, janitorial closets, mechanical room, electrical room, boiler room, maintenance room and storage room shall be maintained in a safe and clean condition at all times.
(6) The prison administrator shall maintain any required licenses or documentation of the prison's compliance with applicable building code/life safety code. Current licenses or certificates of occupancy, or both, shall be available for inspection in the prison.
(7) The approved bed capacity shall be specified annually. The actual in-house population may not exceed the prison's approved bed capacity. The in-house population shall be calculated as the average daily inmate population for the 6 calendar months prior to the date of the preinspection audit.
(8) An emergency power back-up system shall be available and in operational condition. This system shall be load tested at least on a quarterly basis, with this load test and the operating status of the system documented.
(9) Written local policy must identify a fire emergency/evacuation plan. This plan shall be reviewed annually by the prison administrator or designee and identify an existing agreement with a responding fire departments. Staff training for the implementation of this plan shall be provided on an annual basis. All areas of the prison shall be involved and participate in fire drill exercises at least once each year, with all fire drills being documented. Written local policy shall also provide for a system of inspection, testing and certification by a qualified person of all fire/smoke detectors, fire/smoke alarms and panels and fire fighting equipment on an annual basis.
[Pa.B. Doc. No. 06-1160. Filed for public inspection June 23, 2006, 9:00 a.m.]
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