Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 6234 (September 28, 2024).

37 Pa. Code § 95.222. Admission and release.

§ 95.222. Admission and release.

 The following are the minimum requirements applicable to admissions and releases:

   (1)  Admission. Written local policy must provide for the following:

     (i)   With all admissions to the prison, commitment under proper legal authority and completeness of paperwork shall be verified.

     (ii)   An inmate may not be admitted into the prison when it is determined that the inmate is in need of medical treatment that cannot be provided by the prison. In those cases, a written verification of treatment from a medical doctor shall be provided by the transporting authority prior to admission.

     (iii)   Admission procedures relating to property disposition, notification and medical assessments and personal hygiene must be specified in written local policy.

     (iv)   The type of contraband search to be performed, including a restriction as to the use of an unclothed search on an arrestee.

     (v)   As part of the admission process, basic personal information shall be obtained for identification and classification purposes. This basic information must include:

       (A)   Name of the inmate.

       (B)   Date of birth.

       (C)   Race.

       (D)   Gender.

       (E)   Social Security number.

       (F)   State identification number (SID).

       (G)   Country of birth.

       (H)   Citizenship.

       (I)   Any aliases.

       (J)   Previous address of the inmate.

       (K)   Physical description of the inmate, including height, weight, hair, eye color and any scars or tattoos.

       (L)   Occupation of the inmate.

       (M)   Education.

       (N)   Offense committed and a summary of the facts of the crime committed.

       (O)   Religious affiliation.

       (P)   Date of commitment.

       (Q)   Committing county.

       (R)   Authority for the commitment.

       (S)   Previous criminal record and any detainers.

       (T)   Name and address of the person to be contacted in event of an emergency.

       (U)   Marital status and any children.

       (V)   Medical history, including any substance abuse.

       (W)   Name and address of the inmate’s attorney.

     (vi)   Upon admission, a copy of the rules of the prison shall be provided to each inmate.

     (vii)   How an inmate can notify a relative of the inmate’s location.

     (viii)   When non-United States citizens are detained, the detainee shall be advised of the right to have the detainee’s consular officials notified or the nearest consular officials shall be notified of the detention, if required by the Vienna Convention. Consular officials shall be given access to non-United States citizen detainees and shall be allowed to provide consular assistance. Consular officials shall also be notified in the event of the death of a non-United States citizen detainee.

   (2)  Release. Written local policy must provide for the following:

     (i)   With all releases from the prison, release under proper legal authority and completeness of paperwork shall be verified.

     (ii)   Release procedures must include the following:

       (A)   Proper identification of inmate.

       (B)   Review of inmate file for detainers.

       (C)   Disposition of prison and personal property.

       (D)   Information exchange.

       (E)   Medication supply and medication instructions, as required.

       (F)   Victim notification.

Authority

   The provisions of this §  95.222 amended 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 §  95.222 readopted May 18, 1979, 9 Pa.B. 1619; amended 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 pages (263829) to (263830).

Notes of Decisions

   Strip Search

   Fourth Amendment rights were held to be violated when nine female pretrial detainees arrested for trespass brought an action against the local government and prison officials due to their subjection to an unreasonable and unjustifiable strip and visual body cavity search. Newkirk v. Sheers, 834 F.Supp. 772 (E. D. Pa. 1993).

Cross References

   This section cited in 37 Pa. Code §  95.220b (relating to scope).



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