§ 95.220b. Scope.
Each section sets forth minimum requirements, which are mandatory.
(1) Every county prison shall be subject to an annual prison inspection, except as described in paragraph (4), to determine if the prison is in compliance with the minimum requirements established by this chapter. An immediate prison inspection may be ordered by the Secretary following an emergency situation at a county prison, including a riot or disturbance, an escape from secure detention, a fatality following a serious assault or an assault by an inmate using a deadly weapon resulting in serious injury. An immediate prison inspection ordered under these circumstances shall be conducted to determine if the county prison is in compliance with the minimum requirements.
(2) The mimimum requirements listed in this paragraph are deemed to be essential to the safety and security of the county prison, prison staff, inmates and the public:
(i) Section 95.221(1)—(3) and (8) (relating to personnel).
(ii) Section 95.222(2) (relating to admission and release).
(iii) Section 95.224(1), (3)—(5) (relating to rules and procedures).
(iv) Section 95.225(1) and (2) (relating to classification).
(v) Section 95.226(1)—(4) (relating to housing).
(vi) Section 95.230(1)—(5) (relating to food services).
(vii) Section 95.232(1)—(4) and (8)—(12) (relating to medical health services).
(viii) Section 95.240(1) and (9) (relating to inmate disciplinary procedures).
(ix) Section 95.241 regarding security.
(x) Section 95.243(4), (5) and (7) (relating to treatment services).
(xi) Section 95.248(2), (4), (5) and (7)—(9) (relating to sanitation and safety).
(3) Within 20 days of completing any prison inspection under paragraph (1), the Department’s inspector will issue the preliminary findings of the inspection to the county prison administrator and the governing county prison authority. The governing county prison authority or designee may submit a written response to those preliminary findings to the Deputy Secretary for Administration or designee. Any written response shall be submitted within 30 days of receipt of the preliminary findings. The county prison administrator may include documentation in support of the written response.
(4) The Deputy Secretary for Administration will issue a final inspection report within 20 days of receipt of the written response from the county prison administrator or within 30 days of issuance of the written preliminary findings if no written response thereto is submitted. The final inspection report will state findings on whether the county prison is in compliance with each of the minimum requirements. If the final inspection report finds that a minimum requirement has not been met, the report will also include reference to whether the county prison administrator disputed the preliminary finding of noncompliance.
(5) If the final inspection report concludes that the county prison is in full compliance with all of the minimum requirements of this subchapter, the subsequent annual prison inspection will be waived and the county prison will be inspected on a biannual basis.
(6) If a final inspection report finds that the county prison is in violation of any of the minimum requirements not set forth in paragraph (2), a notice of deficiency will be issued to the county prison administrator and the governing county prison authority along with the final inspection report.
(7) If a final inspection report finds that the county prison is in violation of one or more of the essential minimum requirements in paragraph (2), a citation of noncompliance will be issued to the county prison administrator and the governing county prison authority along with the final inspection report.
(i) If a final inspection report finds that the county prison remains in violation of any of the same essential minimum requirements for a second consecutive prison inspection, the county prison administrator and the governing county prison authority will be issued a second citation of noncompliance.
(ii) If a final inspection finds that the county prison remains in violation of any of the same essential minimum requirements for a third consecutive prison inspection, the county prison administrator and the governing county prison authority will be issued a third citation of noncompliance.
(8) The Secretary may authorize the conducting of a vulnerability analysis of a county prison when a final inspection report finds one or more violations of the essential minimum requirements in paragraph (2) and the report concludes that those violations may immediately impact the safety and security of the county prison, prison staff, inmates or the public. The Department will be responsible for the costs of a vulnerability analysis authorized by the Secretary.
(9) Within 15 days of completing a vulnerability analysis, a vulnerability analysis report will be issued to the governing county prison authority and the county prison administrator. The report will present an analysis of the overall operations of the prison and an analysis of potential threats to the safety and security of the county prison, prison staff, inmates and the public.
(10) A governing county prison authority may at any time request the Department to conduct a vulnerability analysis to assist in evaluating the operations of the county prison. The county prison shall be responsible for the costs of a vulnerability analysis conducted at the request of the governing county prison authority.
(11) The Secretary may order a hearing to determine whether a county prison should be classified as ineligible to receive prisoners sentenced to a maximum term of 6 months or more but less than 5 years under the following conditions:
(i) If a vulnerability analysis report finds one or more violations of the essential minimum requirements in paragraph (2) and concludes that those violations may immediately threaten the safety and security of the county prison, prison staff, inmates or public safety.
(ii) If the county prison has been issued a third citation of noncompliance in accordance with paragraph (7)(ii).
(12) A hearing ordered under paragraph (11) will be scheduled promptly, but in no event sooner than 20 days after receipt of the hearing notice. The proceedings will be conducted in accordance with 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure). The hearing will be held to determine whether the conditions at the county prison violating the essential minimum requirements constitute a significant and immediate threat to the safety and security of the county prison, prison staff, inmates or the public. The county prison shall be permitted to present evidence disputing that any significant and immediate threat exists, including evidence that measures have been taken to eliminate or minimize the threat to safety and security.
(13) The hearing will result in one of the following:
(i) Upon finding that conditions at the county prison violate the essential minimum requirements and that those violations constitute a significant and immediate threat to the safety and security of the county prison, prison staff, inmates or the public, an order will be issued classifying the county prison as ineligible to receive any additional prisoners sentenced to a maximum term of 6 months or more but less than 5 years until further order of the Department. If such an order is issued, the county prison remains responsible for arranging incarceration at another correctional facility for those inmates committed by the county’s court of common pleas to a sentence of greater than 6 months but less than 5 years to a county prison under 42 Pa.C.S. § 9762 (relating to sentencing proceeding; place of confinement).
(ii) Upon finding that conditions at the county prison violate the essential minimum requirements, but that those violations do not currently constitute a significant and immediate threat to the safety and security of the county prison, prison staff, inmates or the public, an order will be issued stating that the citation of noncompliance remains in effect and that the county prison is subject to a follow-up prison inspection in a time frame deemed appropriate to determine if the county prison has corrected the instances of noncompliance with the essential minimum requirements. If the subsequent final inspection report finds the county prison to be in violation of some or all of the essential minimum requirements for which the hearing was conducted, the Secretary may order another hearing in accordance with paragraph (10).
(iii) Upon finding that the county prison is now in compliance with the minimum requirements, an order will be issued rescinding the citation of noncompliance. The county prison shall then be subject to an annual prison inspection consistent with paragraph (1).
Authority The provisions of this § 95.220b 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 § 95.220b 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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