PROPOSED RULEMAKING
[37 PA. CODE CH. 93]
Motivational Boot Camps
[29 Pa.B. 1513] The Department of Corrections (Department) acting under the authority conferred by the Motivational Boot Camp Act (act) (61 P. S. §§ 1121--1129), gives public notice of its intention to promulgate regulations to be included in Chapter 93 (relating to State correctional institutions and facilities) pertaining to motivational boot camps to read as set forth in Annex A.
Under section 5(c) of the act (61 P. S. § 1125(c)), the Secretary of the Department of Corrections is required to promulgate regulations concerning motivational boot camps. At a minimum, the regulations shall address inmate discipline, selection criteria, curriculum, supervision, administration and intensive training for all staff prior to their involvement with a motivational boot camp.
The proposed regulations will amend Chapter 93 by adding Subchapter C entitled ''Motivational Boot Camps.'' Subchapter C will consist of seven new sections beginning with § 93.301 and ending with § 93.307. Section 93.301 (relating to selection criteria) will contain the minimum criteria required for selection into a motivational boot camp. Section 93.302 (relating to selection committee) will establish selection committees, which shall be responsible for recommending whether inmates are favorable candidates for placement in a motivational boot camp. Section 93.303 (relating to administration) will establish how motivational boot camps are to be administered by the Department. The supervisory structure of boot camp facilities will be addressed in § 93.304 (relating to supervision/organizational structure). Prescribed curriculum for motivational boot camp inmates will be contained in § 93.305 (relating to curriculum). Inmate discipline for boot camp participants will be addressed in § 93.306 (relating to inmate discipline) and staff training will be contained in § 93.307 (relating to staff training).
Compliance with Executive Order 1996-1
The Department has reviewed the proposed regulations and has considered their purpose and likely impact upon the public and the regulated population under the directives of Executive Order 1996-1 (relating to regulatory review and promulgation). The proposed regulations are statutorily mandated and otherwise comply with Executive Order 1996-1.
Statutory Authority
The Department proposes to adopt the regulations under the authority of section 5(c) of the act.
Fiscal Impact and Paperwork Requirements
Since the Department currently operates a motivational boot camp in accordance with the proposed regulations, it does not expect the regulations to have a fiscal impact on or to create new paperwork requirements for the Commonwealth, its political subdivisions or the private sector.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on March 4, 1999, the Department submitted a copy of the proposed regulations to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House and Senate Judiciary Committees (Committees). In addition to submitting the proposed regulations, the Department has provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form prepared by the Department in compliance with Executive Order 1982-2, ''Improving Government Regulations.'' A copy of this material is available to the public upon request.
If IRRC has objections to any portion of the proposed regulations, it will notify the Department within 10 days of the close of the Committees' review period. The notification shall specify the regulatory review criteria that have not been met by that portion of the proposed regulations. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the regulations, by the Department, the General Assembly and the Governor of objections raised.
Effective Date
The proposed regulations shall be effective upon closure of the public comment period, the regulatory review process and final publication in the Pennsylvania Bulletin.
Public Comment Period/Contact Person
Written comments concerning the Department's proposed regulations shall be submitted to Victoria S. Freimuth, Executive Assistant to the Secretary, Department of Corrections, 2520 Lisburn Road, P. O. Box 598, Camp Hill, PA 17001-0598. Written comments must be received within 30 days of the publication of this notice of proposed rulemaking in the Pennsylvania Bulletin.
MARTIN F. HORN,
SecretaryFiscal Note: 19-3. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 37. LAW
PART III. AGENCIES AND OFFICES
Subpart B. DEPARTMENT OF CORRECTIONS
CHAPTER 93. STATE CORRECTIONAL INSTITUTIONS AND FACILITIES
Subchapter C. MOTIVATIONAL BOOT CAMPS Sec.
93.301. Selection criteria. 93.302. Selection committee. 93.303. Administration. 93.304. Supervision/organizational structure. 93.305. Curriculum. 93.306. Inmate discipline. 93.307. Staff training. § 93.301. Selection criteria.
(a) An eligible inmate, as that term is defined in section 3 of the Motivational Boot Camp Act (61 P. S. § 1123), may be selected by the Department of Corrections (Department) for participation in a motivational boot camp. In selecting inmates for participation in a motivational boot camp, the selection committee will consider all information relevant to whether the inmate is eligible for placement in a motivational boot camp and likely to perform competently while in the motivational boot camp. Selection criteria will include the following:
(1) The written application submitted by the inmate.
(2) Whether the inmate's participation in a motivational boot camp is consistent with the safety of the community.
(3) Whether the inmate's participation in a motivational boot camp is consistent with the welfare of the inmate.
(4) Whether the inmate's participation in a motivational boot camp is consistent with the objectives of the Department.
(5) The health and physical condition of the inmate.
(6) The inmate's criminal history.
(7) The inmate's escape history.
(8) The inmate's institutional adjustment during current and prior incarcerations.
(9) Outstanding detainers or parole warrants, or both, for the inmate.
(10) The inmate's psychological profile.
(b) An inmate will not be guaranteed acceptance into a motivational boot camp even if the inmate is eligible and likely to successfully graduate from a motivational boot camp.
§ 93.302. Selection committee.
(a) There shall be a motivational boot camp selection committee in each diagnostic and classification center operated by the Department of Corrections.
(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 superintendent of the State correctional institution in which a diagnostic and classification center is operated shall make the final decision as to inmate participation in a motivational boot camp.
§ 93.303. Administration.
(a) The Department of Corrections (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 a regional deputy commissioner or other official designated by the Secretary of the Department.
§ 93.304. Supervision/organizational structure.
(a) Each motivational boot camp will be organized as a paramilitary unit with a supervisory structure consisting of a camp commander, a deputy commander and area commanders.
(b) The inmates will be organized into platoons consisting of no more than 50 inmates per platoon.
§ 93.305. Curriculum.
Each motivational boot camp shall consist of the following curriculum:
(1) Rigorous physical activity.
(2) Intensive regimentation and discipline.
(3) Work on public and community projects.
(4) Substance abuse treatment.
(5) Continuing education.
(6) Vocational training.
(7) Prerelease counseling.
(8) Ventilation therapy.
§ 93.306. Inmate discipline.
(a) A list of the rules to be followed by inmates participating in a motivational boot camp will be provided to all inmates during their orientation to the motivational boot camp.
(b) Serious rule infractions may result in an inmate's expulsion from a motivational boot camp.
(c) Minor rule infractions will be dealt with according to a three-tiered approach.
(d) Inmates can be suspended or removed from a motivational boot camp for reasons other than violations of disciplinary rules.
§ 93.307. Staff training.
Staff directly involved with a motivational boot camp shall undergo a minimum of 4 weeks of intensive training.
[Pa.B. Doc. No. 99-455. Filed for public inspection March 19, 1999, 9:00 a.m.]
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