Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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37 Pa. Code § 95.220a. Definitions.

§ 95.220a. Definitions.

 The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:

   Alcohol and other drugs treatment—A treatment service designed to address the impact and ramifications of use or abuse of alcohol and other drugs so as to prevent illegal or destructive conduct and avoid addiction.

   Alternative menu—Meal plans that are prepared and served as an alternative to the regular meal plan.

   Bed capacity—The number of beds that a prison may utilize consistent with the American Correctional Association’s ‘‘Standards for Adult Local Detention Facilities’’ on unencumbered space and that are only utilized in areas approved for residential occupancy by the Department of Labor and Industry or local code authority.

   Classification—A process for determining an inmate’s needs and requirements and for assigning the inmate to appropriate housing units and programs according to the inmate’s needs and existing resources.

   Code of conduct and ethics—A set of rules describing acceptable standards of conduct for all prison staff.

   Community resources—Human service agencies, service clubs, citizen interest groups, self-help groups and individual citizen volunteers that offer services, facilities or other functions that assist inmates.

   Compensation—Incentives such as monetary compensation, extra privileges, good time credits, credit toward applicable fines and costs or other items of value that are given for inmate participation in a work program.

   Contact visitation—A program inside or outside the prison that permits inmates to visit with designated persons without obstacles or barriers to physical contact.

   Contraband—An item possessed by an individual or found within the prison that is prohibited by law or expressly prohibited by those legally charged with the administration and operation of the prison.

   Counseling—A treatment service using planned interpersonal relationships to promote social adjustment and provide opportunities to express feelings verbally with the goal of resolving the individual’s problems.

   Department—The Department of Corrections of the Commonwealth.

   Education—A treatment service using formal academic education or a vocational training activity designed to improve knowledge or employment capability, or both.

   Financial audit—An examination of prison records or accounts to check their accuracy conducted by persons not directly involved in the creation and maintenance of these records or accounts.

   First aid—Care for a condition that requires immediate assistance from an individual trained in first aid care and the use of the prison’s first aid kits.

   Force, use of—Physical force used in instances of justifiable self-defense, protection of others, protection of property, prevention of escape or to effect compliance with the rules and regulations of the facility when other methods of control are ineffective or insufficient.

   Force option—Actions beginning with the least amount of force necessary and progressing through the degrees of nondeadly and deadly force, as necessary.

   Governing county prison authority—The individual or board, established by law, having administrative oversight and policy-setting responsibility for the county prison.

   Grievance—A formal written complaint by an inmate related to a problem encountered during the course of his confinement.

   Grievance process—The procedure established to review and respond to inmate grievances.

   Health care professional—A medical doctor, doctor of osteopathy, physician’s assistant, registered nurse or licensed practical nurse licensed by the appropriate licensing board of the Department of State, Bureau of Professional and Occupational Affairs.

   Health care provider—An employee or contractor of the prison who is responsible for ensuring that adequate health care is provided to inmates.

   Health care screening—A process developed by the prison’s health care provider to assess inmates upon admission as set forth in written local policy.

   Health care training—Training required by the county prison’s health care provider as part of the prison’s health care delivery system as set forth in written local policy.

   Inmate—An individual who is legally confined in a county prison.

   Intake interview—A process developed by the prison’s treatment services provider to assess inmates upon admission as set forth in written local policy.

   Life safety code—A manual published and updated by the National Fire Protection Association specifying minimum standards for fire safety necessary in the public interest.

   Noncontact visitation—A program that restricts inmates from having physical contact with visitors by the use of physical barriers such as screens or glass, or both.

   Preventive maintenance—A system designed to enhance the longevity and usefulness of buildings and equipment in accordance with a planned schedule.

   Prison—A place, institution, building (or part thereof), set of buildings or area (whether or not enclosing a building or set of buildings) that is used for the lawful custody of individuals.

   Prison administrator—The official who has the day-to-day responsibility for managing and operating the county prison.

   Prison inspection—An onsite visit of a county prison by one or more Department inspectors to determine whether the county prison is in compliance with the minimum requirements of this chapter.

   Procedures—The detailed and sequential actions that must be executed to ensure that a policy is implemented.

   Restraints—Any device authorized by written local policy that is used to prevent escapes, prevent an inmate from injuring himself or other persons or prevent property damage.

   Secretary—The Secretary of the Department.

   Security devices

     (i)   Locks, gates, doors, bars, fences, screens, ceilings, floors, walls and barriers used to confine and control inmates.

     (ii)   The term also includes electronic monitoring equipment, security alarm systems, security light units, auxiliary power supplies and other equipment used to maintain prison security.

   Security perimeter—The outer portions of a prison that provide for secure confinement of prison inmates.

   Segregation—The separation of an inmate from the general population for disciplinary or administrative reasons.

   Social services—A treatment service designed to promote the welfare of the community and the inmate, as through aid for physically and mentally handicapped, health maintenance, family development and employment opportunities.

   Training—An organized, planned and evaluated activity designed to achieve specific learning objectives and enhance the job performance of personnel.

   Training plan—A set of long-range or short-range training activities that equip staff with the knowledge, skills and attitudes they need to accomplish the goals of the organization.

   Treatment professional—An individual who possesses a bachelor’s degree and advanced training in the social or behavioral sciences.

   Treatment services—Alcohol and other drugs treatment, counseling, education or social services provided to an inmate during his confinement in the county prison.

   Treatment services provider—An employee or contractor of the county prison who is responsible for providing treatment services to inmates.

   Treatment training—Training required by the county prison’s treatment services provider as part of the prison’s treatment delivery system as set forth in local written policy.

   Unclothed search—An examination of an inmate’s unclothed body for weapons, contraband and physical abnormalities.

   Vulnerability analysis—A systematic and measurable performance-based evaluation of a prison that includes a prison analysis, planning, prison characterization, threat definition, identification of undesirable events, performance-testing physical protection systems, generation of adversary sequence diagrams, scenario development, timeline development and determination of risk for worst-case scenarios.

   Work release—An arrangement sanctioned by law that enables an inmate to be released into the community to maintain approved employment or other approved activity, or both.

   Written local policy—Local policy that clearly explains practices and procedures to be followed, requires compliance therewith, and provides for enforcement thereof. The Department will review the policies when inspecting county prisons.

Authority

   The provisions of this §  95.220a issued under section 506 of The Administrative Code of 1929 (71 P. S. §  186); amended under section 3(3) and (4) of the act of December 27, 1965 (P. L. 1237, No. 502) (61 P. S. §  460.3(3) and (4)).

Source

   The provisions of this §  95.220a adopted February 18, 2000, effective February 19, 2000, 30 Pa.B. 866; amended October 10, 2008, effective October 13, 2009, 38 Pa.B. 5627. Immediately preceding text appears at serial page (263828).



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