RULES AND REGULATIONS
Title 37--LAW
DEPARTMENT OF CORRECTIONS
[37 PA. CODE CHS. 91, 93 AND 94]
Administration, State Correctional Institutions and Facilities, and Release and Prerelease Programs
[31 Pa.B. 6932] The Department of Corrections (Department) hereby amends Chapters 91, 93 and 94 (relating to administration; State correctional institutions and facilities; and release and prerelease programs) to read as set forth in Annex A. The Department is acting under the authority of section 506 of The Administrative Code of 1929 (71 P. S. § 186). The final-form amendments revise outdated material and delete regulations that do not affect the public.
Purpose
Chapter 91 is amended to update the sections on definitions, reception of inmates and catchment areas.
Chapter 93 is amended to revise the section on inmate correspondence to provide for additional security. The section on inmate visiting privileges is amended to delete and replace terms that are technically inconsistent with newly defined terms. The section on purchases for inmates by family and friends is updated. The section on incoming publications is merged into the section on inmate correspondence. The section on religious activities is updated. The section on telephone calls is updated to refer to the monitoring of calls. The sections on inmate complaints and inmate discipline are amended to consistently refer to the Department. The section on housing is updated. The section on the boot camp is amended to delete and replace terms that are technically inconsistent with newly defined terms.
Chapter 94 is amended to delete and replace terms that are technically inconsistent with newly defined terms.
Explanation of Regulatory Requirements
The final-form regulations substantially mirror existing Department practices with the exception of the increased security requirements for incoming mail. The new section requires mail from an attorney to be sealed in the presence of the attorney or their staff and delivered to an inmate in the sealed envelope.
Comment and Response Summary
The following responses are made to the comments of the Independent Regulatory Review Commission (IRRC). Only one public comment was received. That comment, from the Pennsylvania Prison Wardens Association, is addressed in the response to comment in section 5.
1. Comment: The term ''Department'' is not used consistently in Chapter 93. For example, § 93.6(a) (relating to religions activities) contains three references and § 93.9(a) (relating inmate complaints) contains two references to the ''Department of Corrections.'' Sections 93.10(a) and 93.11(b) (relating to inmate discipline; and housing) refer to the ''Department of Corrections.'' These references should be replaced with the defined term ''Department.''
Response: References to ''Department of Corrections'' have been changed to ''Department.'' Response to this comment has required changes to sections that were not previously being amended by the Department in the proposed rulemaking published at 31 Pa.B. 2476 (May 12, 2001).
2. Comment: The distinction between ''facility'' and ''institution'' was not clear from the definitions. The Department should determine which term will be retained and delete the other term from § 91.1 (relating to definitions).
Further, the retained term should be used consistently throughout Chapters 91 and 93. For example, in the proposed rulemaking, § 93.2(c)(1)(i)(B) (relating to inmate correspondence) refers to ''State correctional institution.'' This reference should be changed to the defined term of ''institution'' or ''facility.'' Also, § 93.2(c)(1)(i)(D) and (ii) should refer to ''facility'' (the defined term) rather than ''State correctional facility.''
Response: The broader term ''facility'' will be used. The definition of ''institution'' is deleted. The definitions of ''facility'' and ''facility manager'' are revised. Response to this comment has required changes to sections that were not previously being amended by the Department in the proposed rulemaking.
3. Comment: ''Facility manager'' was also not used consistently in Chapter 93. For example, § 93.3(a), (d) and (h)(7) (relating to inmate visiting privileges) and § 93.6(b)(1) all refer to ''superintendent'' instead of the defined term ''facility manager.'' This should be corrected in the final-form rulemaking.
Response: References to ''superintendent'' have been changed to ''facility manager.'' Response to this comment has required changes to sections that were not previously being amended by the Department in the proposed rulemaking.
4. Comment: The definition of ''regional director'' used the term ''corrections centers'' rather than the defined term ''community corrections centers.'' This should be corrected in the final-form rulemaking.
Response: The Pennsylvania Bulletin staff made this change. The final-form regulation will correct this.
5. Comment: The last sentence of § 91.3 (relating to reception and discharge of inmates) stated, ''To ensure compliance with State and Federal laws, it is expected that the discharge process can be completed within 2 business days.'' The Pennsylvania Prison Wardens had two concerns.
First, it was unclear which State and Federal laws must be complied with. Specific citations should be added.
Second, is compliance with these laws required, rather than expected? If compliance was required, then it would be appropriate to state ''. . . the discharge process shall be completed within 2 business days.''
Response: There was no law that requires the discharge process to be completed in 2 days. The reference here was to various legal issues that can arise prior to a release such as DNA collection or detainers from other states. This language has been deleted, as those laws do not need to be referenced in the Department's regulations. A comment was also received from Vincent A. Guarini, Chairperson of the Legislative Committee of the Pennsylvania Prison Wardens Association. He suggested the term ''sufficient'' be deleted and replaced with a reference to Act 84 of 1998, which sets forth what specific information shall be provided. This change has been made.
6. Comment: In § 91.4(a) and (b) (relating to catchement areas), how will a person know what facilities are specifically designated? Does the Department publish a list?
In § 91.4(c), the words ''of the Department'' should be deleted since the defined term is ''Secretary.''
Response: The Department will notify counties of any change in its current practice. The Department has a Deputy Secretary for Intergovernmental Relations who will coordinate any changes with the counties. The words ''of the Department'' have been deleted from § 91.4(c).
7. Comment: Section 93.2(c) was unclear. IRRC had four concerns.
First, the opening paragraph discusses a both ''all incoming mail'' and ''sealed documents.'' Since the standards for opening these documents differ, their respective requirements should be placed in separate subsections or paragraphs.
Second, the order of the sentences was confusing. A sentence in the middle of the subsection referenced the requirements listed in § 93.2(c)(1)--(3). Whereas, the concluding sentence refers to § 93.2(e) relating to ''scrutiny of correspondence.''
Third, the last sentence stated ''They may be read only as set forth in subsection (e).'' Does ''they'' refer to ''sealed'' or ''retained'' documents?
Fourth, the last sentence did not specify who is reading the documents. This could be interpreted to also require the inmate readers of documents to comply with § 93.2(e) rather than just the institution as specified in § 93.2(e). Also, who in the institution is authorized to read the inmates' mail? This should be clarified in the regulation.
Response: Section 93.2(c) has been rewritten to clarify that there is a distinction between mail sent to a facility and mail sealed under the requirements of this section. The cross-reference to § 93.2(e) has been deleted as it relates to reading rather than opening of mail.
8. Comment: Section 93.2(c)(2) defined ''contraband'' by stating ''Coins, currency or other negotiable instruments concealed in correspondence are contraband. . . .'' This language should be removed from this section and the term ''contraband'' should be defined in § 91.1.
Response: The term contraband has been defined in § 91.1.
9. Comment: Section 93.2(c)(3) stated ''Other contraband will be returned to the sender, destroyed or transferred. . . .'' What qualifies as ''other contraband''? Further, it was not clear under what circumstances the contraband will be returned, destroyed or transferred.
Response: Section 93.2(c)(2) has been revised to clarify what will be done with contraband. It is not possible to further clarify under what circumstances contraband will be returned, destroyed or transferred because of the multitude of types of contraband that are received. The Department believes that the regulation provides the public adequate notice of what items constitute contraband and that it is possible that any contraband that they send to a facility may be destroyed or transferred to a criminal justice agency.
10. Comment: Section 93.2(e)(1) and (2) was vague. IRRC had three questions.
First, under what circumstances ''may'' the institution read the mail in § 93.2(e)(1)?
Second, and similar to the comment on § 93.2(c), who in the institution does the Department permit to read the inmates' mail?
Third, do these subsections refer to outgoing or incoming correspondence or mail, or both?
Response: Section 93.2(e) has been revised to state who may read mail, to elaborate under what circumstances mail may be read and to clarify that this subsection applies to both incoming and outgoing mail.
11. Comment: Section 93.2(f)(1) defined ''publications.'' This term should be defined in § 91.1.
Section 93.2(f)(2) provided that ''all publications must be received from the original source.'' Since a magazine is included in the definition of ''publications,'' the sentence in § 93.2(f)(3) that stated that ''magazines shall be mailed directly from the original source'' is redundant and should be deleted.
Section 93.2(f)(5) stated publications ''sent directly . . . will usually be deemed to have come from the original source.'' IRRC had two questions. First, who is responsible when this section states ''will usually be deemed''? Deemed by whom? Second, under what circumstances would be publication not ''be deemed'' to be from the original source?
Section 93.2(f)(6) stated that newsletters ''shall be delivered to the inmate even if mailed at less tha[t] (sic) first or second-class mail rates.'' The phrase in § 93.2(f)(6) is redundant and should be deleted because § 93.2(f)(1) provides for newsletters ''regardless of the postal rate. . . .''
IRRC had two questions relating to § 93.2(f)(7). First, the paragraph stated ''publications containing potentially prohibited material or questionable content. . . .'' The language in this sentence is vague as it is not clear what is meant by ''potentially prohibited material'' or ''questionable content.'' Second, § 93.2(f)(7) referred to an ''incoming publication review committee (IPRC).'' Who are the members of this committee and to whom does it report?
For clarity, § 93.2(f)(12) should be merged with § 93.2(f)(9).
Section 93.2(f)(13) allowed for appeal of an IPRC decision. It appeared the right to appeal applied to IPRC decisions regarding all inmate correspondence. Therefore, this provision should be a separate subsection and a specific reference to Department policy or regulations relating to grievances should be included.
Response: Section 93.2(f) has been rewritten for clarity. The definition of ''publication'' has been deleted. The reference to original source has been removed. The language regarding the postal rate has been deleted. The membership and authority of the IPRC has been clarified. The reference to an appeal in former § 93.2(f)(13) has been removed as it is redundant to § 93.9. It was also confusing because it does not apply to all complaints about inmate correspondence as suggested in the Commission's comment.
12. Comment: IRRC had three concerns relating to § 93.2(g). First, as printed in the proposed rulemaking, § 93.2(g) did not have a heading.
Second, how did the Department determine that it is reasonable to retain a rejected letter for ''at least 7 days'' as opposed to 10 days or 30 days? Is it 7 business or calendar days?
Third, how soon must a protest be filed?
Response: This language has been moved to § 93.2(f) and a heading has been added. The operative language is in the current regulation and is not being changed.
13. Comment: Section 93.7 (relating to telephone calls) contained the phrase ''in accordance with applicable law.'' What is the applicable law? If there are none, this phrase should be deleted. Otherwise, to facilitate compliance and improve clarity, this phrase should be replaced with a specific reference to the applicable laws and regulations.
Response: A cite to the applicable statute has been added to § 93.7.
Cost and Paperwork Requirements
Since the Department currently operates the State prison system in accordance with the final-form amendments, it does not expect this final-form rulemaking to have a substantial fiscal impact on, or to create substantially new paperwork requirements for the Commonwealth, its political subdivisions or the private sector.
Effective Date
The final-form amendments shall be effective upon final-form publication in the Pennsylvania Bulletin.
Contact Person
The contact person is John S. Shaffer, Ph.D., Deputy Secretary for Administration, 2520 Lisburn Road, P. O. Box 598, Camp Hill, PA 17001-0598.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on May 1, 2001, the Department submitted a copy of the notice of proposed rulemaking published at 31 Pa.B. 2476 to IRRC and to the Chairpersons of the House and Senate Judiciary Committees for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC and the Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing this final-form rulemaking, the Department has considered the comments received from IRRC, the Committees and the public.
Under section 5.1(d) of the Regulatory Review Act (71 P. S. § 745.5a(d)), on November 12, 2001, this final-form rulemaking was deemed approved by the House and Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on November 15, 2001, and approved the final-form rulemaking.
Findings
The Department finds that:
(1) Notice of proposed rulemaking was published at 31 Pa.B. 2476 as required by sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law and the Department received only one public comment.
(3) The adoption of these amendments in the manner provided by this order is necessary and appropriate for the administration of the Department.
Order
The Department, acting under the authorizing statutes, orders that:
(a) The regulations of the Department, 37 Pa. Code Chapters 91, 93 and 94, are amended by amending §§ 91.1--91.4, 93.1--93.4, 93.6, 93.7, 93.9--93.11, 93.301, 93.303, 93.304, 94.1--94.6 and by deleting § 93.5 to read as set forth in Annex A.
(b) The Department shall submit this order and Annex A to the Office of General Counsel and to the Office of Attorney General for approval as required by law.
(c) The Secretary shall certify this order and Annex A and deposit them with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin as required by law.
(d) This order shall take effect upon publication in the Pennsylvania Bulletin.
JEFFREY A. BEARD, Ph.D.,
Secretary(Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 31 Pa.B. 6587 (December 1, 2001).)
Fiscal Note: Fiscal Note 19-5 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 37. LAW
PART III. AGENCIES AND OFFICES
Subpart B. DEPARTMENT OF CORRECTIONS
CHAPTER 91. ADMINISTRATION § 91.1. Definitions.
The following words and terms, when used in this subpart, have the following meanings, unless the context clearly indicates otherwise:
Board--Pennsylvania Board of Probation and Parole.
Community corrections center--A minimum security community-oriented facility operated by the Department for the purpose of facilitating special programs.
Contraband--Material listed as contraband in 18 Pa.C.S. §§ 5122 and 5123 (relating to weapons or implements for escape; and contraband), the Commonwealth of Pennsylvania Department of Corrections Inmate Handbook, or any Department document that is disseminated to inmates, such as material that an inmate is prohibited from possessing or material that an inmate is permitted to possess that has been altered or is being used for something other than its intended purpose.
Department--The Department of Corrections.
Diagnostic and classification center--Facilities designated to receive and classify persons who have been committed to the custody of the Department.
Facility--An institution, motivational boot camp or community corrections center operated by the Department.
Facility manager--The chief administrator of a facility, that is, the superintendent of an institution, the commander of a motivational boot camp or the director of a community corrections center.
Inmate--A person committed to the custody of or confined by the Department.
Resident--An inmate assigned to a community corrections center.
Secretary--The Secretary of the Department.
§ 91.2. Agency purpose.
It is the goal of the Department to operate its institutions and programs to provide protection to the community, a safe and humane environment and opportunities for rehabilitation for the inmates.
§ 91.3. Reception and discharge of inmates.
The Department will accept and confine those persons committed to it under lawful court orders which conform to 42 Pa.C.S. § 9762 (relating to sentencing proceeding; place of confinement) when information has been provided to the Department as required by 42 Pa.C.S. § 9764 (relating to information required upon commitment and subsequent disposition). The Department will also accept persons for whom transfer from other correctional facilities has been approved in advance by the Secretary or a designee, under section 1 of the act of July 11, 1923 (P. L. 1044, No. 425) (61 P. S. § 72). Commitments and transfers will be accepted only during the facility's normal business hours, except upon prior approval of the facility manager or a designee.
§ 91.4. Catchment areas.
Male inmates committed to the custody of the Department will be received at male diagnostic and classification centers and female inmates will be received at female diagnostic and classification centers unless granted other permission in advance by the Secretary or a designee.
CHAPTER 93. STATE CORRECTIONAL INSTITUTIONS AND FACILITIES
Subchapter A. RIGHTS AND PRIVILEGES § 93.1. General.
Those portions of some Department directives and policy statements which concern the interaction of Department inmates and employees with the community at large are published. The full text of the directives and other policy statements are maintained in all Department facilities.
§ 93.2. Inmate correspondence.
(a) Permitted correspondence. Inmates are permitted to correspond with friends, family members, attorneys, news media, legitimate business contacts and public officials. There may be no limit to the number of correspondents.
(b) Restrictions. The following restrictions apply:
(1) Correspondence with inmates of other facilities, former inmates, probationers or victims of the criminal acts of the inmate will not be permitted except upon special approval of the facility manager.
(2) Correspondence containing threatening or obscene material, as well as correspondence containing criminal solicitation or furthering a criminal plan or institution misconduct is prohibited.
(3) An inmate shall refrain from writing to persons who have stated in writing that they do not wish to receive mail from the inmate. This will not be interpreted to restrict the right of inmates to correspond with public officials with respect to the official duties of the latter.
(4) Correspondence with prohibited parties through a third party is also prohibited.
(5) Mail addressed to an inmate organization will not be accepted unless the facility manager has approved the organization and it is addressed to the staff coordinator of the organization.
(c) Incoming mail. All mail sent to a facility will be opened and examined for contraband in the facility's mailroom or designated area except when permitted under paragraph (1).
(1) The Department may permit sealed mail to be opened in the presence of an inmate under the following conditions:
(i) An attorney or authorized representative/designee may hand-deliver a sealed confidential client communication to an inmate if the attorney is unable to communicate through alternative means, if the following conditions are met:
(A) The person making the delivery does so during normal business hours unless granted permission in advance by the Secretary or a designee.
(B) The person making the delivery shall provide valid identification and information sufficient to verify that the person is the inmate's attorney or authorized representative of the attorney.
(C) The person making delivery shall present the documents for inspection for contraband, unsealed and unbound.
(D) Upon inspection, the documents will be sealed and delivered to the inmate where they will be unsealed and searched again for contraband.
(ii) A court may direct delivery of court documents sealed from public disclosure to an inmate by specific order. The court's representative shall deliver the sealed documents and the specific court order to the facility. Under no circumstances will documents filed in a court of public record be delivered sealed to an inmate.
(2) Contraband in the form of money orders, certified checks, cash or other negotiable instruments will be recorded indicating the nature of the receipt, the sender, the amount received and the date. Personal checks, unless certified, will be returned to the sender. The facility is not responsible for cash sent through the mails. Confiscated coins and currency will be deposited in the Inmate General Welfare Fund. Contraband not specifically addressed in this section will be returned to the sender or destroyed at the inmate's option unless it is transferred to appropriate criminal justice agencies at the discretion of the mailroom or security staff.
(d) Outgoing mail. Sealed outgoing mail from an inmate will not be examined except as set forth in subsection (e).
(e) Scrutiny of correspondence.
(1) The facility manager or a designee may read incoming or outgoing mail, except mail sealed in accordance with subsection (c)(1), when there is reason to believe that it may reveal or discuss illegal or unauthorized activity or for reasons set forth in any Department document that is disseminated to inmates.
(2) The facility manager or a designee may read mail sealed in accordance with subsection (c)(1), only upon the written order of the facility manager with the written approval of the Secretary when there is reason to believe that there is a threat to facility security or criminal activity.
(f) Rejection of correspondence. An item of correspondence which appears to violate subsection (b) may be rejected by facility mailroom staff. The inmate and the sender, in cases when the inmate is not the sender, will be notified when the letter is rejected. The letter may be held for at least 7 days after mailing of the notification to permit reasonable opportunity to protest the decision. If the letter is rejected, it will be returned to the sender.
(g) Incoming publications.
(1) An incoming publication review committee (IPRC) consisting of staff designated by and reporting to the facility manager or a designee shall determine whether an inmate may receive a publication.
(2) All publications shall be received directly from a publisher, bookstore, book club, distributor or department store. Newspapers shall be mailed directly from the publisher.
(3) Publications may not be received by an inmate if they:
(i) Contain information regarding the manufacture of explosives, incendiaries, weapons, escape devices, poisons, drugs or intoxicating beverages or other contraband.
(ii) Advocate, assist or are evidence of criminal activity, inmate misconduct, violence, insurrection or guerrilla warfare against the government.
(iii) Threaten the security of a facility.
(iv) Contain obscene material as defined in 18 Pa.C.S. § 5903 (relating to obscene and other sexual materials and performances).
(v) Constitute a bulk mailing specifically intended for the purpose of advertising or selling merchandise.
(4) An inmate under 18 years of age may not receive explicit sexual materials as defined in 18 Pa.C.S. § 5903.
(5) A publication will not be prohibited solely on the basis that the publication is critical of penal institutions in general, of a particular facility, staff member, or official of the Department, or of a correctional or penological practice in this or any other jurisdiction.
(6) An inmate may receive only one copy of any publication unless granted permission by the IPRC.
(7) Small letter sized pamphlets may be received in regular correspondence.
(8) Covers of hardbound publications may be damaged or removed during inspection in the discretion of mailroom staff.
§ 93.3. Inmate visiting privileges.
(a) Approved list of visitors. A list of approved visitors may contain up to 20 names. Inmates who can show that they have more than 20 regular visitors may be permitted to add additional names to their approved lists. Members of a family living at the same address may be counted as one name. Except for members of an inmate's immediate family, a minor's name may be placed on the approved list only with permission of the minor's parents or guardian. Children under 12 years of age may visit only when accompanied by an adult and need not be placed separately on the official list. A person may not be on more than one inmate's visiting list except in cases when the person is part of the immediate family of more than one inmate, unless special permission is granted by the facility manager. Changes or additions to the approved list may be made in accordance with established procedures. The name of a visitor may be removed for good cause upon authorization by the facility manager.
(b) Religious advisor. Designation by an inmate of a religious advisor as defined in § 93.6 (relating to religious activities) may be made at any time. The designation shall be in addition to the names on the approved list and will not be counted against the total of 20.
(c) Attorneys. An inmate may designate attorneys for whom the inmate desires visiting privileges at any time. The designation shall be in addition to the names on the approved list and will not be counted against the total of 20.
(1) The confidentiality of the attorney-client relationship will be honored. Personnel will not be stationed in a manner as to be able to overhear normal conversation.
(2) An attorney who has been designated by an inmate as the inmate's legal advisor may permit persons, such as law students or investigators to visit the inmate to act as the attorney's agents. Each person shall present to the facility at the time of the visit a written statement signed by the attorney on the letterhead of the firm of the attorney identifying each person as the attorney's agent and attesting that the visit is for the purpose of a legal consultation.
(3) Attorneys and their agents are subject to the same rules and regulations as other visitors.
(d) Former inmates. A former inmate may visit only with special permission of the facility manager.
(e) Prerelease inmates. Inmates in prerelease status may visit other inmates only with the approval of the Secretary or a designee. Application for permission to visit shall be made by both inmates through their respective facility managers.
(f) Registering of visitors. Visitors shall register in and out of the facility.
(g) Initial vists. The inmate's first visit after admission should be scheduled following the medical quarantine period and may be held in the presence of a staff caseworker.
(h) Number, time and place of visits. Inmates shall be permitted to have visits as often as the situation at the facility will allow.
(1) Visiting days. Visits may be permitted every day of the year.
(2) Visiting hours. Morning and afternoon visiting hours will be maintained. Evening visits may be maintained.
(3) Length of visits. Visits should be at least 1 hour in duration. The length of a visit depends on the inmate's program status and available space.
(4) Frequency of visits. One visit per inmate per week will be permitted. Additional visits may be permitted.
(5) Number of visitors at one time. The number of visitors an inmate may have at any one time may be limited depending upon the available space.
(6) Place. Inmates in the general population will be permitted contact visits in a relaxed setting, under official supervision.
(7) Special visit. Provisions will be made for the approval of a special visit by persons who may not be on the approved list who have come a substantial distance and of a family visit to a seriously ill or injured inmate. Special visits will be approved only by the facility manager or a designee. Absent this approval, only those persons on the approved visiting list may visit.
(i) Restriction of visitation privileges.
(1) If a visit is a threat to the security and order of the facility, the visit may be terminated or disallowed.
(2) Outside visitors are subject to search before and after visiting.
(3) A visitor who cannot produce identification or who falsifies identifying information will not be allowed in the facility.
(4) Visitation may be restricted or suspended or special security precautions imposed for violation of visiting rules or as warranted by the temperament of the inmate involved.
(5) Restriction of visiting privileges will not be used as a disciplinary measure for an unrelated facility rule infraction. However, visiting privileges may be restricted as a result of changes in housing or program status made as a result of unrelated infractions.
(6) Normal visitation will be suspended during a state of emergency.
(j) Media representatives. Media representatives will have the same visiting privileges as visitors on an inmate's approved list of visitors as described in Department policy concerning inmate visitation. A media representative will not be in addition to the names on the approved list and will be counted against the total of 20.
(1) Upon request, media representatives will be provided with a copy of the Department's policy regarding inmate visitation.
(2) Media representatives and inmates will abide by all applicable rules, regulations and policies of the Department while on facility property. Violations of any rules, regulations or policies of the Department may result in the visit being denied, termination of the visit, suspension of visiting privileges or revocation of visiting privileges.
(3) Visits with a media representative shall be subject to the frequency of visit limitations contained in subsection (h)(4).
(4) For inmates under a sentence of death and prior to the Governor's warrant being issued, media representatives will only be permitted to have noncontact visits with the inmate. After the Governor's warrant has been issued, noncontact visits will only be entertained if the media representative has obtained an order of court of competent jurisdiction granting the relief and has properly served the Department with the court documents seeking or requesting the relief prior to obtaining the order.
(5) Media representatives for the purpose of this section include: representatives of general circulation newspapers; magazines of general circulation sold through newsstands or mail subscriptions to the general public; and National/international news services or radio/television stations holding a Federal Communications Commission license.
§ 93.4. Purchase for inmates by family and friends.
(a) Family and friends, who are on the inmate's approved visiting list, may purchase approved items for inmates under this section. The facility may disapprove and decline to accept any purchase which does not meet this section.
(b) Only those items listed on the current Approved Master Commissary List may be purchased from approved vendors. Copies of the list are provided to the inmates. Publications may be purchased by means of this procedure, but shall be subject to § 93.2 (relating to inmate correspondence).
(c) Purchases shall be approved prior to the time the item is received by the facility.
(d) Only those items shipped directly from the vendor to the facility will be accepted.
(e) Unauthorized or disapproved items will be returned to the sender at the expense of the inmate.
§ 93.5. (Reserved).
§ 93.6. Religious activities.
(a) Policy. It is the policy of the Department to permit each inmate to satisfy the needs of his religious life,consistent with the security needs and orderly administration of the facility. The Department will provide chapel facilities at each facility. The Department will also permit inmates to possess approved religious items and make reasonable accommodation for dietary restrictions.
(b) Religious advisors.
(1) If the facility contains a sufficient number of inmates of the same faith, a qualified representative of that faith from the outside community will be appointed or approved by the facility manager and will be permitted to hold regular services in the facility. Qualified representative means a person from the outside community who has received endorsement from his faith group authority.
(2) Each inmate will be permitted to select a religious advisor from the outside community who has received endorsement from the faith group authority. This person will be permitted to visit the inmate on an individual basis in accordance with general rules governing visitation.
(c) Accommodation of faiths. Requests for accommodation of faiths will be handled as follows:
(1) Facility officials will secure written information from the outside faith group authority, including publications which describe the goals, beliefs and practices of the group.
(2) Information material will be forwarded to the Director of Chaplaincy Services for the Department for evaluation.
§ 93.7. Telephone calls.
(a) Inmates may make phone calls in accordance with 66 Pa.C.S. § 2907 (relating to state correctional institutions). Phone calls, except confidential communications between attorneys and inmates, shall be subject to monitoring in accordance with 18 Pa.C.S. Chapter 57 (relating to wiretapping and electronic surveillance).
(b) Phone calls to inmates will be permitted only if approved in advance by the facility manager or a designee.
§ 93.9. Inmate complaints.
(a) The Department will maintain an inmate grievance system which will permit any inmate to seek review of problems which the inmate experiences during the course of confinement. The system will provide for review and resolution of inmate grievances at the most decentralized level possible. It will also provide for review of the initial decisionmaking and for possible appeal to the Central Office of the Department. An inmate will not be disciplined for the good faith use of the grievance systems. However, an inmate who submits a grievance for review which is false or malicious may be subject to appropriate disciplinary procedures. Copies of the directive governing grievance procedures will be made available to the inmates.
(b) Inmates may also pursue available remedies in State and Federal court.
§ 93.10. Inmate discipline.
(a) Rules which define expectations and prohibitions for inmate behavior will be established by the Department and distributed to the inmate population. There shall be two classes of misconduct charges, Class I and Class II.
(1) Inmates found guilty of Class I misconduct charges may be subjected to one or more of the following sanctions:
(i) Reduction of the classification of the misconduct to a Class II and any sanction permitted for Class II misconducts.
(ii) A sanction permitted for Class II misconducts, without change in class of misconduct.
(iii) Change of cell assignment, including placement in the restricted housing unit or restrictive confinement in a general population cell for a period not to exceed 6 months for any one misconduct charge.
(iv) Change of program level.
(2) Inmates found guilty of Class II misconducts may be subjected to one or more of the following sanctions:
(i) Reprimand.
(ii) Suspension of privileges for a specified period of time.
(iii) Payment of the fair value of property lost or destroyed or for expenses incurred as a result of the misconduct.
(iv) Change of cell assignment excluding placement in the restricted housing unit.
(v) Change, suspension or removal from job.
(b) Written procedures which conform to established principles of law for inmate discipline including the following will be maintained by the Department and distributed to the inmate population:
(1) Written notice of charges.
(2) Hearing before an impartial hearing body.
(3) Opportunity for the inmate to tell his story and to present relevant evidence.
(4) Assistance from an inmate or staff member at the hearing.
(5) Written statement of the decision and reasoning of the hearing body, based upon the preponderance of the evidence.
(6) Opportunities to appeal the decision of the hearing body.
§ 93.11. Housing.
(a) An inmate does not have a right to be housed in a particular facility or in a particular area within a facility.
(b) Confinement in a restricted housing unit (RHU), other than under procedures established for inmate discipline, will not be done for punitive purposes. The Department will maintain written procedures which describe the reasons for housing an inmate in the RHU and require due process in accordance and with established principles of law for an inmate who is housed in the RHU. Inmates confined in the RHU will be reviewed periodically by facility staff.
Subchapter C. MOTIVATIONAL BOOT CAMPS § 93.301. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
Act--The Motivational Boot Camp Act (61 P. S. §§ 1121--1129).
Secretary--The Secretary of the Department.
Three-tiered approach--A three-step disciplinary process in which an inmate first receives a demerit or demerits. Upon receiving ten or more demerits in a 7-day period, the inmate shall appear before the deputy commander's review board and may receive restrictions or additional duties. The final step is the commander's committee at which point an inmate may be removed from the motivational boot camp.
Ventilation therapy--A group session led by a counselor during which inmates are encouraged to discuss problems, stressful matters or pressures they are currently experiencing. The objective of the discussion is to help inmates identify, explore and ultimately either resolve or better cope with the stressors.
§ 93.303. Selection committee.
(a) There shall be a motivational boot camp selection committee in each diagnostic and classification center operated by the Department.
(b) Each selection committee shall be composed of the following individuals:
(1) The diagnostic center director or a corrections counselor supervisor, or both.
(2) A lieutenant or corrections counselor, or both.
(c) The selection committee is only responsible for recommending inmates for participation in a motivational boot camp.
(d) The facility manager of a diagnostic and classification center shall make the final decision as to inmate participation in a motivational boot camp.
§ 93.304. Administration.
(a) The Department will administer motivational boot camps at sites to be determined by the Department.
(b) Each motivational boot camp will operate under the administrative supervision of the Secretary or a designee.
CHAPTER 94. RELEASE AND PRERELEASE PROGRAMS § 94.1. Purpose.
It is the goal of the Department to administer its facilities and design programs to provide protection to society through the control and rehabilitation of offenders. In furtherance of that objective and the authority granted to the Department by the act of July 16, 1968 (P. L. 351, No. 173) (61 P. S. §§ 1051--1054), prerelease programs have been established. These programs are designed to provide opportunities for qualified inmates to have access to community resources, to demonstrate self-control and individual responsibility and to begin reintegration into the community. Criteria for participation in prerelease programs are designed to insure that the inmates who are selected to participate are those who will present the least risk to the community, and benefit most from the program, and to offer the opportunities to as many inmates as possible.
§ 94.2. Prerelease programs.
(a) Work/educational/vocational training release.
(1) Work release. This is a program which enables an inmate to leave the facility and work in the community. The inmate is required to return to the facility at a designated time after the work day.
(2) Educational/vocational training release. This is a program which enables an inmate to leave the facility and participate in educational or vocational-technical training. The inmate is required to return to the facility at a designated time after completion of training for the day.
(b) Temporary home furlough. This is the authorized leave for an inmate from a facility for a period not to exceed 7-consecutive days for the purpose of furthering an inmate's rehabilitative programs. The inmate is required to return to the facility at a designated time after the furlough.
(c) Community corrections.
(1) Community corrections center residency. This is a program operated as a continuum of the rehabilitative services provided in the facilities. Community corrections centers are residences in the community with custodial structure and strong emphasis on guidance and counseling. These centers serve those inmates who qualify and who should benefit from a gradual reintegration into society.
(2) Group home residency. This is a program which complements community corrections center residency and consists of publicly or privately owned agencies approved by the Department for use by its residents. These residences provide specialized residential treatment, for example, drug and alcohol treatment, and include 24-hour supervision, living quarters and special services for selected residents, and provisions for continued jurisdiction by community corrections. An exception to this paragraph shall have prior approval by the Director, Community Corrections Division and final approval by the Secretary or a designee.
(3) Community corrections furlough program. This is a program which complements community corrections center residency and is permitted with the approval of the community corrections center staff. It is the authorized leave of an inmate from a community corrections center or group home for a period not to exceed 7-consecutive days for the purpose of furthering the inmate's reintegration into the community. The inmate is required to return to the center or group home at a designated time.
§ 94.3. Procedures for participation in prerelease programs.
(a) The criteria for eligibility for prerelease programs are as follows:
(1) Inmates who have been sentenced to death or life imprisonment are not eligible.
(2) Time-served requirements are as follows:
(i) To be time-eligible for placement in a community corrections center or group home, the inmate shall have completed at least one-half of the inmate's minimum sentence, be within 1 year of completing his minimum sentence, have no outstanding detainers, and have served at least 9 months in a facility. Exceptions may be made with written approval of the Secretary or a designee, when early transfer is necessary to assist in the inmate's access to medical or mental health care or to provide longer period of participation for an inmate who has been confined for an unusually long period of time. A contact may not be made with the court until the approval is obtained.
(ii) For other prerelease programs, the inmate is time-eligible after the inmate has completed one-half of the inmate's minimum sentence or one-half of the period ending with anticipated release date of an indeterminate sentence and has served at least 9 months in a facility. The inmate may have no detainers lodged against him for an untried offense or for a sentence with a maximum term in excess of 2 years. Inmates who are otherwise time-eligible who have detainers lodged against them for less than 2 years can be time-eligible for a prerelease program except community corrections center or group home upon written approval of the Secretary or a designee. No contact may be made with the court until the approval is obtained.
(3) The inmate shall have favorable recommendation of the correctional facility staff--for example, counselor, work supervisor, housing officer, education/vocational supervisor and deputy facility managers for treatment and operations.
(4) The inmate may have had no Class I misconduct and no more than one Class II misconduct during the 9 months prior to application, and have sustained no Class I misconducts and no more than one Class II misconduct from the time of application to the time of transfer.
(5) The inmate shall obtain a medical clearance by the facility medical officer.
(6) The inmate's application shall be approved by the facility manager.
(7) If the inmate has not completed his minimum sentence, the notice process in § 94.5 (relating to notification process) shall be followed.
(8) Applications for transfer to community corrections require evaluation and concurrence by the staff of the appropriate region of community corrections and approval by the Director of Community Corrections.
(9) The inmate shall execute a written agreement which requires him to abide by the rules and regulations of the prerelease program. In the case of community corrections placement, the written agreement shall be signed prior to transfer.
(10) After transfer into a prerelease program, the inmate may continue to participate in the program only while adequate resources are available to provide care, custody and control for the inmate within the program to which he has been admitted. The inmate's privilege to participate in prerelease programs may be suspended or revoked for administrative or disciplinary reasons. The Department will establish procedures to govern the revocation of prerelease privileges.
(b) The process of obtaining prerelease transfer is initiated when an inmate submits an application to his counselor for participation in work/educational/vocational release, or for a temporary home furlough or for transfer to a community corrections placement. An inmate will not be granted prerelease transfer for any purpose unless the inmate satisfies all of the criteria in this section. Satisfying the eligibility criteria for prerelease transfer does not mean the inmate will automatically be permitted to participate in prerelease programs. Other considerations such as the staff's evaluation of the inmate's progress, the relevancy of the particular prerelease program to the inmate's reintegration, the safety of the community and the victim of the inmate's crime and the availability of space will be taken into consideration. Approval for participation in one prerelease program does not imply clearance for, or preclude application for participation in any other program. The application shall specify a particular prerelease program.
(c) Special exception to subsection (a) or (b), other than subsection (a)(1), (2)(ii) and (6)--(9), may be recommended in writing by a facility manager to the Secretary or a designee.
(d) Inmates serving Federal sentences in facilities shall be eligible for prerelease transfer under rules and regulations established by the United States Department of Justice, Federal Bureau of Prisons, and subject to subsections (a) and (b), and the subsequent approval of Federal and State authorities.
(e) Inmates serving sentences from other jurisdictions under the Interstate Corrections Compact (61 P. S. §§ 1061--1063) are eligible subject to subsections (a) and (b) and the sending state's written approval.
§ 94.4. Application process.
Application for prerelease programming shall be initiated by the inmate to his counselor, or if necessary, on the inmate's behalf by the counselor. Criteria in § 94.3(a)(1), (3)--(5), (8) and (9) (relating to the procedures for participation in prerelease programs) shall be met prior to submission to the facility manager for his approval. The process may begin a reasonable time prior to the time the inmate becomes time-eligible.
§ 94.5. Notification process.
(a) If the facility manager approves an inmate's application for prerelease transfer, the facility manager shall notify the sentencing judge or if he is unavailable, the sentencing court, and the prosecuting district attorney's office by certified mail, of the inmate's proposed prerelease program. Comments will be considered.
(b) If the inmate has not finished his minimum sentence and an objection is received from the judge or court, if the judge is unavailable, within 30 days of his receipt of the proposed prerelease plan, representatives of the Department will contact the judge or court and if necessary arrange for a meeting to attempt to resolve the disagreement. If, within 20 days of the Department's receipt of the objections, the judge or court does not withdraw the objection and the Department does not withdraw its proposal for transfer, or the judge and the Department do not agree on an alternate proposal for transfer, the Department will refer the matter to the Board for arbitration.
§ 94.6. Staff responsibilities.
(a) It is the primary responsibility of the inmate's counselor to process the inmate's application for participation in prerelease programs.
(1) The inmate's counselor is responsible for obtaining, integrating and coordinating the information necessary to determine the inmate's eligibility or noneligibility for participation in a prerelease program.
(2) The inmate's counselor will accept and review the inmate's application. If necessary, the counselor may help the inmate initiate this process. The inmate's counselor will also be responsible for having the housing officer, work supervisor and other appropriate staff complete relevant portions of the application and make recommendations concerning prerelease programming.
(3) The inmate's counselor shall verify, with the record officer, the necessary information with respect to the inmate's sentence and detainer status.
(4) The inmate's counselor will review and verify available information relevant to eligibility--for example, presentence investigation report, judge's sentencing notes, classification and reclassification summary records and cumulative adjustment record.
(5) The inmate's counselor will request proper psychological and psychiatric evaluations for those applicants who have a history of mental or emotional disorders, violent crimes or other situations when deemed advisable. The inmate's counselor may contact other persons and agencies to acquire additional information.
(6) When the necessary information has been obtained, the inmate's counselor will refer the application to his supervisors for review.
(b) It is the primary responsibility of the classification and treatment manager to coordinate the staff evaluation and recommendation process.
(1) The classification and treatment manager will chair a meeting of designated facility staff who shall make recommendations regarding prerelease programs. The inmate shall be present at this staff meeting for input.
(2) The staff's findings, recommendations and rationale shall be forwarded to the facility manager through both the Office of the Deputy Superintendent for Treatment and the Deputy Superintendent for Operations, with comments by both.
(c) It is the responsibility of the facility manager to give final approval or disapproval of recommendations regarding prerelease programs. The inmate will be advised by the classification and treatment manager, in the presence of the inmate's counselor, of the final decision and its rationale. The decision and rationale will be documented in the cumulative adjustment record.
(d) Letters to judges and district attorneys shall be signed by the facility manager.
(e) The inmate's counselor shall discuss with the inmate prior to the commencement of the program, the objectives, rules and regulations of the program and obtain written agreement as provided for in § 94.3(a)(9) (relating to procedures for participation in prerelease programs). The counselor shall review the program objectives on the inmate's cumulative adjustment record.
[Pa.B. Doc. No. 01-2272. Filed for public inspection December 21, 2001, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
