§ 95.241. Security.
The following are the minimum requirements applicable to security:
(1) Supervision of inmates. Written local policy must provide for the following:
(i) The number of staff required to maintain care, custody and control of the inmate population on a 24-hour basis. Staff used to maintain the care, custody and control of the inmate population shall meet the minimum training requirements of § 95.221 (relating to personnel).
(ii) An initial staffing analysis shall be conducted by the prison administrator or a designee to determine the staffing allotment and post assignments necessary to safely operate the prison. In determining the number of staff needed, relief factors are to be calculated for each classification of staff that is assigned to relieve posts or positions. The staffing analysis shall be reviewed and documented on an annual basis by the prison administrator. Information on the number and type of positions filled and vacant shall be available for review by the Department’s inspectors.
(iii) Assignments/posts shall be staffed without regard to gender except where reasonable accommodation to inmate privacy cannot be maintained. Prison staff of the opposite gender to that of the inmate population may not be given assignments/posts that require continuous and open viewing of unclothed inmates. When both male and female inmates are housed in the prison, at least one male corrections staff member and one female corrections staff member shall be on duty at all times.
(iv) Inmates may never be permitted to assume any authority over other inmates. Inmates may not be permitted access to prison employe records, the records of other inmates or other prison records.
(v) The prison shall maintain a 24-hour secure control center for monitoring and coordinating the prison’s security, life safety and communications systems.
(vi) The prison administrator or assistant prison administrator and management staff designated by the prison administrator shall visit the prison’s living and activity areas at least monthly to encourage contact with staff and inmates and observe living and working conditions. The visit shall be documented.
(2) Use of force. Written local policy must provide for the following:
(i) Force shall be restricted to instances of justifiable self-defense, protection of others, protection of property, prevention of escapes, and to effect compliance with the rules and regulations of the facility when other methods of control are ineffective or insufficient and only the least amount of force necessary to achieve that purpose is authorized. Force may not be used as a means of punishment or revenge.
(ii) Written local policy must specifically identify the following:
(A) Authorized purposes allowing for the use of force.
(B) Authorized equipment such as physical restraints, chemical agents, stun devices, batons or firearms permitted for use by prison staff.
(C) The appropriate limitations for the authorized use of force.
(D) A force option, beginning with the least amount of force necessary and progressing through the degrees of nondeadly and deadly force.
(E) Secure storage arrangements for restraints, chemical agents, stun devices, batons and firearms. A written record shall be maintained as to the distribution of these items. A documented inventory of these items shall be conducted on a monthly basis to determine accountability and condition.
(F) Circumstances and types of force requiring specific authorization and who shall authorize the use of the force.
(G) Medical consultation, review and treatment required when use of force occurs.
(H) Training for staff in the use of force. The training must occur before staff is assigned to a post involving the possible use of authorized equipment. This training must cover the use, safety and care of the equipment and the limitations on its use. The prison staff authorized to use the equipment shall demonstrate competency in its use in accordance with the training or certification standards recommended by the manufacturer of the equipment. The competency must be documented.
(iii) Law enforcement personnel conducting official business on prison premises who have in their possession equipment or weapons not permitted into the prison shall be provided a locked security area to properly secure the equipment or weapons.
(iv) Each prison staff member involved in any use of force for other than routine inmate movement/escort/transportation shall submit a written report to the prison administrator or a designee. In addition, this information shall be documented and reported to the Department, as required under § 95.242 (relating to statistical/informational reporting).
(3) Emergency plans. Written local policy must provide for the following:
(i) Establishment of emergency plans for responding to emergency incidents, including escape, fire, disturbances, hostage taking, bomb threat, terrorism, biological/chemical incidents, utility outages, natural disasters and evacuation/relocation. The emergency plans must contain basic information and instructions for all prison staff including:
(A) To whom the emergency shall be reported.
(B) Chain of command during an emergency.
(C) Outside agencies to be contacted for response to an emergency.
(D) A description of duties of staff for each type of emergency.
(E) Identification of emergency keys/security devices and access location. There shall be a means for the immediate release of inmates from locked areas and provisions for a back-up system.
(F) Evacuation plan.
(G) How to use emergency equipment.
(H) Training for staff to handle emergencies. Prison personnel shall be trained annually in the implementation of the emergency plans. The training shall be documented.
(I) The written agreements with other jurisdictions for handling emergency incidents and the possible evacuation of inmates.
(ii) To be in alignment with the National Response Plan and the Commonwealth of Pennsylvania Emergency Operations Plan, written local policy must also require the prison to institute an all-hazards approach to incident response and incorporate the principles of the National Incident Management System into its operations and operations plans. Additionally, written local policy must require that the prison coordinate with the county emergency management agency about the hazards to which the prison and prison population may be vulnerable as known and documented in the county hazard vulnerability analysis.
(iii) Emergency plans shall be reviewed by the prison administrator or a designee on an annual basis. This review must determine if updates are necessary due to operational changes, changes in the law, changes in constitutional standards or in recognized professional standards. The annual review and updates shall be documented.
(iv) Any emergency shall be documented and reported to the Department, as required under § 95.242.
(4) Access control. Written local policy must identify:
(i) Current listing of all keys/access cards.
(ii) Storage/back-up/protection arrangements for keys/access cards and accessible security devices. Keys/access cards shall be stored in a secure location when not in use. A set of emergency prison keys/access cards shall be stored in a controlled location outside the secure perimeter.
(iii) Criteria for use of keys/access cards and security devices.
(iv) Security measures required for the installation/maintenance/repair/replacement of keys/access cards and security devices. An inspection of all keys/access cards and security devices shall be conducted quarterly to determine status, condition and need for action. The results of this inspection shall be documented and submitted to the prison administrator or a designee.
(v) Staff responsible for authorizing use of applicable keys/access cards and security devices. Inmates may not be permitted access to keys/access cards and security devices.
(vi) An inventory and receipt system to account for keys. Keys/access cards shall be checked out and checked in. A record shall be maintained to identify keys/access cards issued, identifying the person possessing and returning the key/access card. The record must allow a current accounting as to the location and possessor of keys/access cards.
(vii) Staff training required to use keys/security devices, particularly the ability to release inmates in the event of a fire or other emergency.
(5) Contraband control. Written local policy must describe time, methods and techniques and identify:
(i) What is considered contraband.
(ii) Procedures for conducting personal searches of inmates, vendors, volunteers, visitors and staff. All individuals shall be subject to search upon entering or leaving the prison. Inmates permitted to leave the prison for any reason shall be searched prior to reentering the prison.
(iii) Procedures for conducting cell/dormitory/area searches. Searches of all cell/dormitory/area locations shall be conducted at least twice annually to determine the presence of contraband and the security status of bars, doors and windows. The results shall be documented and submitted to the prison administrator or a designee.
(iv) Procedures for conducting security checks of the interior and the security perimeter of the prison. At least one daily security check shall be conducted of all interior areas and the security perimeter to determine matters such as staff and inmate concerns and faulty or unsafe conditions. The results of this security check shall be documented and submitted to the prison administrator or a designee.
(v) Staff training required to conduct searches/security checks.
(6) Tool/equipment control. Written local policy must identify:
(i) The current listing of authorized tools/equipment.
(ii) Security measures required for the maintenance/repair/replacement of tools/equipment. An inspection of all tools/equipment shall be conducted semiannually to determine status, condition and need for action. The results of this inspection shall be documented and submitted to the prison administrator or designee.
(iii) The staff responsible for authorizing use of tools/equipment. Inmates may not be permitted access to these items, except as issued by authorized prison staff.
(iv) The storage arrangements for tools/equipment. Tools/equipment shall be stored in a secure locker or area when not in use. These items shall be stored so that their presence or absence can be immediately determined.
(v) An inventory and receipt system to account for all tools/equipment. Inmates may not have access to the tool storage area without staff supervision.
(vi) The direction given to staff and inmates in the use of tools/equipment.
(vii) The safety procedures to protect persons who use tools/equipment.
(viii) Inmates given assignments in the work assignment program, industrial program or the public works/community service program shall be supervised by persons designated by the prison administrator or a designee. These inmates shall be subject to searches as prescribed by procedure.
(7) Count control. Written local policy must require that at least one formal, physical inmate headcount be conducted for each shift, with at least three head counts being completed within each 24-hour period. Each head count shall be documented in the prison’s records. In the performance of the formal inmate head counts, each inmate in attendance shall be observed as to flesh and movement. There shall be strict accountability for all temporary absences from the prison by an inmate. Only prison staff trained to conduct a formal inmate head count shall perform such a count. Written local policy must describe time, methods and techniques to be followed in making any counts and remedying count discrepancies.
(8) Inmate transportation. Written local policy must identify the circumstances and means for transporting inmates, including specifying the vehicles and persons authorized for that purpose. Written local policy must identify what restraint and search techniques are to be used and any special precautions. Written local policy must include contingency plans to be followed in the event of an accident, escape/security breach or medical emergency during transportation.
Authority The provisions of this § 95.241 amended under section 506 of The Administrative Code of 1929 (71 P. S. § 186); and 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 § 95.241 readopted May 18, 1979, 9 Pa.B. 1619; amended October 10, 2008, effective October 13, 2009, 38 Pa.B. 5627. Immediately preceding text appears at serial pages (336808), (263845) to (263848) and (336809) to (336810).
Notes of Decisions Firearms
A corrections officer’s ability to carry a firearm, except for emergency assignment was merit-related for purposes of The Civil Service Act. Bureau of Correction v. Yancey, 481 A.2d 702 (Pa. Cmwlth. 1984).
Force Appropriate
Improperly shackling an inmate to the bars of a gate and shackling the inmate to a desk for purposes of physical abuse constituted violations of State regulations governing the use of instruments of restraint. Musser v. County of Centre, 515 A.2d 1027 (Pa. Cmwlth. 1986).
The actions by two prison guards towards a prison inmate violated State administrative regulations which set forth specifically limited circumstances, including the need to protect persons or property or to prevent escape, under which a prison inmate may be subjected to physical force and instruments of restraint. County of Centre v. Musser, 548 A.2d 1194 (Pa. 1988).
Physical Force—Excessive
Actions by prison guards, including wrestling a prisoner to the ground and thrusting a pillowcase full of shaving cream over the inmate’s head, applying BenGay to the inmate’s genitals and inserting a 2-inch spout from a bottle filled with water into his anus were in contravention of State regulations governing use of physical force. Musser v. County of Centre, 515 A.2d 1027, 1029 (Pa. Cmwlth. 1986); affirmed 548 A.2d 1194 (Pa. 1988).
Searches
Since this section required the warden to periodically search inmates and their cells for contraband, the prison officials may decide whether the search should be conducted during a prison-wide lockup or whether some less restrictive means was appropriate. Saunders v. Packel, 436 F. Supp. 618 (E. D. Pa. 1977).
Supervision of Inmates
Assuming an inmate population of 168, a county prison must employ a minimum of 33 full-time correctional officers. Padgett v. Stein, 406 F. Supp. 287 (M. D. Pa. 1975).
Cross References This section cited in 37 Pa. Code § 95.220b (relating to scope).
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