[29 Pa.B. 1504]
[Continued from previous Web Page] § 95.236. [Library] Access to legal resources.
[(a) Minimum requirements.] Every jail shall have a library for the use of all categories of prisoners, adequately stocked with both recreational and instructional books. The library should be open during the prisoner's idle hours.] The following are the minimum requirements applicable to access to legal resources:
(1) To enable inmates to exercise their right of access to the courts, inmates shall be permitted access to adequate legal resources. Written local policy shall provide a means of assistance for an inmate that does not speak English.
(2) County wardens shall have discretion in determining the type of legal resources to be made available to ensure inmates can exercise their right to access to the courts.
[(b) Recommended guidelines. The following are the recommended guidelines for the library:
(1) All jails should have a copy of Purdon's Titles 12, 17, 18, 19 and 60, 61 in the library, and other additional legal research materials as may be required.
(2) The jail administrator should actively seek community help in developing a library from the state and local library, colleges, civic groups, bookstores, publishers, interested citizens, Goodwill Industries, Salvation Army and the Volunteers of America.
(3) For guidelines in developing a jail library, the jail administrator should consult the Manual of Correctional Standards published by the American Correctional Association.]
§ 95.238. Recreation.
[Minimum requirements.] The following are the minimum requirements [are] applicable [for] to recreation:
(1) [Jails shall provide all prisoners at least 2 hours daily, physical exercise in the open, weather permitting, if the weather is inclement, each inmate shall have 2 hours physical exercise daily indoors.] Written local policy shall describe the prison's recreational programming for inmates.
(2) [Jail administrators shall develop an organized recreational program to meet the needs of all prisoners, regardless of age and sex.] Prisons shall provide general population inmates with at least 1 hour of access to out of cell activity on a daily basis.
(3) Physical exercise schedules for males, females and juveniles shall have to be arranged so as to provide segregation. Jail administrators may separate inmates further based on age, vulnerability and other appropriate security criteria.
(4) [The jail administrator should refer to the Manual of Correctional Standards published by the American Correctional Association for guidelines in developing an organized recreational program.] Inmates under disciplinary status (segregation), shall receive 1 hour of outdoor activity 5 days a week, weather permitting.
[(5) The jail administrator should actively seek help from responsible citizens in the community to help develop an ongoing recreational program in the jail.]
§ 95.239. Commissary.
[Minimum requirements.] The following are the minimum requirements [applies] that apply to commissaries:
(1) [The jail administrator shall establish, maintain and operate a commissary in conjunction with the jail. For this purpose, the jail administrator should purchase confectionery, tobacco, postage and writing materials, and toilet articles and supplies. The jail administrator should sell the goods, articles and supplies to the prisoners in the jail.] County prisons may provide commissary services if the county so chooses.
(2) [The sale prices of articles offered in the commissary shall be fixed at amounts that make the commissary self-supporting and, in addition, may provide a small margin of profit.] Funds associated with commissary services shall be audited and reported on an annual basis by an independent party using generally accepted accounting procedures.
[(3) The margin of profit from the sale of commissary items may not be excessive.
(4) Any profit from the sale of commissary items shall be deposited in a prisoner welfare fund. The money in the prisoner welfare fund shall be spent solely for the benefit and welfare of the prisoners.
(5) Records of the commissary shall be audited annually by the county controller or a recognized public or private agency qualified to do so.]
§ 95.240. [Discipline and punishment] Inmate disciplinary procedures.
(a) Minimum requirements. The following are the minimum requirements [applies] applicable to [discipline and punishment] inmate disciplinary procedures:
(1) [A formal report shall be written if the infraction jeopardizes the security of the jail, threatens the safety or stall or prisoners, or is a violation of State law.] County prisons shall operate a disciplinary process that provides clear notice of prohibited behavior and consistently applied sanctions for violations of prison rules.
(2) [The disposition of a disciplinary report, whatever the action taken, shall be documented.] Violation of prison rules may result in the imposition of discipline. Discipline may not be imposed unless the prisoner 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) [Confinement is punishment, therefore no further punishment is permitted unless the prisoner violates the rules and regulations of the prison or violate State law.] 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 state the reasons for the finding.
(4) [The objectives of jail discipline are as follows:] Disciplinary charges and written findings shall be recorded and made a permanent part of an inmate's prison file.
[(i) To achieve order in the jail.
(ii) To assist prisoners in achieving self-control.
(iii) To provide personnel with guidelines for judging the behavior of prisoners.
(iv) To achieve fairness in the administration of discipline.]
(5) [In a jail having an average daily inmate population of more than ten, the administrator shall appoint a board consisting of a minimum of three persons to hear and dispose of disciplinary cases.] Disciplinary sanctions imposed after a finding of guilt may include loss of privileges, segregation or other sanctions as set forth in written local policy.
(6) [In a jail having an average daily inmate population of less than ten, the administrator may determine guilt and decide the disciplinary action to be taken.] The imposition of discipline may not violate an inmate's right to be free from cruel and unusual punishment.
[(7) A prisoner may not be punished unless he has been informed of the offense alleged against him and given an opportunity to present his defense. In addition, the following shall apply:
(i) The hearing shall be staffed by an impartial tribunal.
(ii) The hearing shall be preceded by notice to the prisoner, in writing, of the charges against him.
(iii) The decision reached shall be based upon evidence raised at the hearing.
(iv) The decision-makers shall state the reason for their determination of guilt if that is the decision reached.
(8) All disciplinary actions shall be recorded and made a part of the permanent files of the jail.
(9) Punishment may fall into the two following categories:
(i) Loss of privileges.
(ii) Segregation.
(10) Conditions in segregation shall be as follows:
(i) The cell shall be clean, well lighted, heated, ventilated and sanitary.
(ii) The cell shall be furnished with a mattress, bedding and toilet facilities.
(iii) Except in special circumstances, as for example, a suspected suicide threat, the prisoner shall be allowed to wear regular clothing.
(iv) Three meals a day shall be provided, identical with meals provided the remainder of the jail population.
(v) A bathing and shaving schedule shall be maintained including the minimum of twice weekly opportunities.
(vi) Toilet tissue and drinking water shall be provided.
(vii) The prisoner shall have an opportunity to exercise.
(viii) A regular review of segregated prisoners shall be practiced. The time interval should not exceed 5 days.
(ix) The segregation unit shall be adequately supervised.
(x) Writing privileges shall not be denied to prisoners in segregation.
(xi) The chaplain shall be permitted to visit regularly.
(11) The medical officer shall visit all prisoners in segregation on his regularly scheduled visit to the prison.
(12) Corporal punishment, punishment by placing in a dark cell and cruel, inhuman or degrading punishments shall be completely prohibited.
(13) If a serious criminal offense is committed in a jail, the two main considerations should be the following:
(i) Identify and isolate the offender as a matter of internal security, discipline and morale.
(ii) With due regard to constitutional protection of the prisoner's rights, once a suspect is identified and isolated, no further questioning by jail staff shall be permitted. The suspect shall be isolated until the arrival of police investigators.
(b) Recommended guidelines. Visiting privileges should not be denied to prisoners in segregation.]
[Pa.B. Doc. No. 99-454. Filed for public inspection March 19, 1999, 9:00 a.m.]
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