PRIVATE PRISON MORATORIUM AND STUDY ACT — 1986 Pa. Act 19 (historical enacted text)

Historical Act text

HOUSE AMENDED
PRIOR PRINTER'S NOS. 337, 460, 1023, PRINTER'S NO. 3122
1779, 2230, 2360, 2460, 3034
INTRODUCED BY D. R. WRIGHT, PRATT, IRVIS, F. E. TAYLOR,
VAN HORNE, BATTISTO, HALUSKA, CAPPABIANCA, KUKOVICH, MORRIS,
DeWEESE, TRELLO, OLASZ, STABACK, JOSEPHS, J. L. WRIGHT, JR.,
MICOZZIE AND COHEN, FEBRUARY 12, 1985
AMENDMENTS TO SENATE AMENDMENTS, HOUSE OF REPRESENTATIVES,
MARCH 18, 1986
AN ACT
1 Imposing a moratorium on the operation of private prisons.; and <--
2 charging the Pennsylvania Commission on Crime and Delinquency
3 with the responsibility to conduct an investigation of
4 private prisons. IMPOSING A MORATORIUM ON THE CONSTRUCTION OR <--
5 OPERATION OF PRIVATE CORRECTIONAL FACILITIES.
6 REGULATING PRIVATE PRISONS; PROVIDING FOR CONTRACTS WITH, <--
7 LICENSING OF AND EMPLOYEE STATUS FOR PRIVATE PRISONS; AND
8 IMPOSING POWERS AND DUTIES ON THE DEPARTMENT OF CORRECTIONS.
9 IMPOSING A MORATORIUM ON THE OPERATION OF PRIVATE PRISONS AND <--
10 CREATING A LEGISLATIVE TASK FORCE TO CONDUCT AN INVESTIGATION
11 OF THE FEASIBILITY OF PRIVATE PRISONS.
12 TABLE OF CONTENTS <--
13 SECTION 1. SHORT TITLE.
14 SECTION 2. DEFINITIONS.
15 SECTION 3. PRIVATE CORRECTIONAL FACILITIES AND SECURITY
16 SERVICES.
17 SECTION 4. CONTRACTS.
18 SECTION 5. LICENSE.
19 SECTION 6. MAXIMUM CAPACITY OF FACILITY.
20 SECTION 7. POLICE POWER.
1 SECTION 8. LABOR DISPUTES.
2 SECTION 9. EMERGENCIES.
3 SECTION 10. DUTY TO INSPECT; INSPECTIONS.
4 SECTION 11. OFFICIAL VISITS.
5 SECTION 12. REGULATIONS.
6 SECTION 13. VIOLATIONS OF CONTRACT.
7 SECTION 14. LICENSE REVOCATION.
8 SECTION 15. CRIMINAL PENALTY.
9 SECTION 16. ANNUAL REPORTS.
10 SECTION 17. OTHER STATUTES.
11 SECTION 18. APPLICABILITY.
12 SECTION 19. EFFECTIVE DATE.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Moratorium on operation of private prisons. <--
16 (a) Prohibition.--On and after the effective date of this
17 act, no private prison shall be operated within this
18 Commonwealth.
19 (b) End of moratorium.--The prohibition against the
20 operation of private prisons shall remain in effect until the
21 investigation required by section 2 has been completed. SIX <--
22 MONTHS FROM THE EFFECTIVE DATE OF THIS ACT.
23 (c) Definition.--As used in this act the term "private
24 prison" means any facility for prisoners that is owned and
25 operated by a person other than the United States, the
26 Commonwealth, a county or other municipality. The term does not
27 include any facility for the detention of juvenile offenders
28 operated under contract with the Department of Public Welfare or
29 any facility which is not primarily engaged in the business of
30 providing incarceration of prisoners through contracts with the
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1 Federal Government, states or political subdivisions of states.
2 Section 2. Investigation by Pennsylvania Commission on Crime
3 and Delinquency.
4 (a) Use of private prisons.--The Pennsylvania Commission on
5 Crime and Delinquency shall conduct a full-scale investigation
6 of the implications and ramifications of the use of private
7 prisons in this Commonwealth.
8 (b) Time for investigation.--The Pennsylvania Commission on
9 Crime and Delinquency shall commence its investigation within 30
10 days of the effective date of this act and shall issue a report
11 of its findings to the General Assembly not later than one year
12 after the effective date of this act.
13 Section 3 2. Prohibited contracts.
14 Neither the Commonwealth nor any political subdivision shall
15 contract with a private prison for the incarceration of
16 prisoners while the moratorium imposed by this act is in effect.
17 Section 4 3. Severability.
18 The provisions of this act are severable. If any provision of
19 this act or its application to any person or circumstance is
20 held invalid, the invalidity shall not affect other provisions
21 or applications of this act which can be given effect without
22 the invalid provision or application.
23 Section 5 4. Effective date.
24 This act shall take effect immediately.
25 SECTION 1. MORATORIUM ON CONSTRUCTION OR OPERATION OF PRIVATE <--
26 CORRECTIONAL FACILITIES.
27 (A) PROHIBITION.--ON AND AFTER THE EFFECTIVE DATE OF THIS
28 ACT, NO PRIVATE CORRECTIONAL FACILITY SHALL BE CONSTRUCTED OR
29 OPERATED WITHIN THIS COMMONWEALTH. OPERATION OF A PRIVATE
30 CORRECTIONAL FACILITY SHALL INCLUDE, BUT NOT BE LIMITED TO, THE
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1 PROVISION OF PRIVATE SECURITY SERVICES BY A PRIVATE CONTRACTOR.
2 (B) END OF MORATORIUM.--THE PROHIBITION AGAINST THE
3 CONSTRUCTION OR OPERATION OF PRIVATE CORRECTIONAL FACILITIES
4 SHALL REMAIN IN EFFECT UNTIL DECEMBER 31, 1986, OR UNTIL THE
5 GENERAL ASSEMBLY ENACTS LEGISLATION FOR THE LICENSING AND
6 REGULATION OF PRIVATE CORRECTIONAL FACILITIES AND PRIVATE <--
7 CONTRACTORS FOR SECURITY SERVICES, WHICHEVER IS EARLIER.
8 (C) DEFINITIONS.--AS USED IN THIS ACT THE FOLLOWING WORDS
9 AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
10 SUBSECTION:
11 "PRIVATE CONTRACTOR." ANY PERSON WHO OWNS OR OPERATES A
12 PRIVATE CORRECTIONAL FACILITY.
13 "PRIVATE CONTRACTOR FOR SECURITY SERVICES." ANY PRIVATE
14 CONTRACTOR WHO PROVIDES SECURITY SERVICES TO ANY CORRECTIONAL
15 FACILITY OWNED BY THE COMMONWEALTH OR ANY POLITICAL SUBDIVISION
16 THEREOF.
17 "PRIVATE CORRECTIONAL FACILITY." ANY ADULT CORRECTIONAL
18 FACILITY OWNED OR OPERATED BY A PRIVATE CONTRACTOR, CONTRACTING
19 WITH THE COMMONWEALTH OR ANY POLITICAL SUBDIVISION THEREOF FOR
20 THE PROVISION OF A FACILITY FOR THE INCARCERATION OF INDIVIDUALS
21 AND RELATED SERVICES.
22 SECTION 2. PROHIBITED CONTRACTS.
23 NEITHER THE COMMONWEALTH NOR ANY POLITICAL SUBDIVISION SHALL
24 CONTRACT WITH A PRIVATE CORRECTIONAL FACILITY FOR THE
25 INCARCERATION OF PRISONERS WHILE THE MORATORIUM IMPOSED BY THIS
26 ACT IS IN EFFECT. HOWEVER, NOTHING IN THIS ACT SHALL PREVENT THE
27 CONTINUED OPERATION OF ANY PRIVATE CORRECTIONAL FACILITY WHICH
28 IS UNDER CONTRACT AND IN OPERATION PRIOR TO THE EFFECTIVE DATE
29 OF THIS ACT, NOR SHALL ANY PROVISION OF THIS ACT BE CONSTRUED TO <--
30 PROHIBIT A POLITICAL SUBDIVISION FROM UTILIZING THE SERVICES OF
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1 A PRIVATE CONTRACTOR FOR SECURITY SERVICES AS LONG AS SUCH
2 SERVICES WILL BE DIRECTLY SUPERVISED BY EMPLOYEES OF THE
3 POLITICAL SUBDIVISION AND THE FACILITY REMAINS UNDER THE
4 MANAGEMENT OF EMPLOYEES OF THE POLITICAL SUBDIVISION.
5 SECTION 3. EFFECTIVE DATE.
6 THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
7 SECTION 1. SHORT TITLE. <--
8 THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE PRIVATE
9 PRISON MORATORIUM AND STUDY ACT. <--
10 SECTION 2. DEFINITIONS.
11 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
12 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
13 CONTEXT CLEARLY INDICATES OTHERWISE:
14 "DEPARTMENT." THE DEPARTMENT OF CORRECTIONS OF THE
15 COMMONWEALTH.
16 "DETENTIONER." AN INDIVIDUAL WHO IS INCARCERATED WHILE <--
17 AWAITING A CRIMINAL TRIAL BEFORE A COURT OF COMMON PLEAS FOR A
18 VIOLATION OF 18 PA.C.S. (RELATING TO CRIMES AND OFFENSES),
19 SUBJECT TO PA. R. CRIM. P. 1100, REGARDING PROMPT TRIAL. THE
20 TERM EXCLUDES A JUVENILE; AN INDIVIDUAL CHARGED WITH AN OFFENSE
21 EXCLUDED BY THE DEPARTMENT OR OTHERWISE CONSIDERED UNSUITABLE BY
22 THE DEPARTMENT, PURSUANT TO DEPARTMENT REGULATIONS UNDER SECTION
23 12(1); AND AN INDIVIDUAL INCARCERATED FOR AN OFFENSE WHO IS
24 AWAITING TRIAL FOR A SEPARATE OFFENSE.
25 "OFFICIAL VISITOR." THE GOVERNOR; SENATORS; MEMBERS OF THE
26 HOUSE OF REPRESENTATIVES; THE SECRETARY OF THE COMMONWEALTH; THE
27 ATTORNEY GENERAL AND DEPUTIES; THE JUDGES OF THE SUPREME COURT,
28 THE SUPERIOR COURT, THE COMMONWEALTH COURT AND THE COURTS OF
29 COMMON PLEAS; COUNTY COMMISSIONERS AND SHERIFFS; AND AUTHORIZED
30 MEMBERS OF THE PENNSYLVANIA PRISON SOCIETY WHO HAVE BEEN
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1 DESIGNATED BY THE SOCIETY UNDER ITS CORPORATE SEAL.
2 "PRIVATE CONTRACTOR." AN INDIVIDUAL, PARTNERSHIP,
3 CORPORATION OR UNINCORPORATED ASSOCIATION WHICH CONTRACTS WITH
4 THE COMMONWEALTH OR A COUNTY OF THIS COMMONWEALTH TO OWN OR
5 OPERATE, OR TO PROVIDE SECURITY SERVICES TO, A CORRECTIONAL
6 FACILITY.
7 "PRIVATE CONTRACTOR FOR SECURITY SERVICES." A PRIVATE
8 CONTRACTOR WHICH PROVIDES SECURITY SERVICES AND SECURITY
9 PERSONNEL SERVING IN THE CAPACITY OF CORRECTION OFFICERS AS <--
10 DEFINED IN 71 PA.C.S. § 5102 (RELATING TO DEFINITIONS) IN A
11 CORRECTIONAL FACILITY OWNED BY THE COMMONWEALTH OR A COUNTY OF
12 THIS COMMONWEALTH.
13 "PRIVATE CORRECTIONAL FACILITY." AN A FOR-PROFIT ADULT <--
14 CORRECTIONAL FACILITY OWNED OR OPERATED BY A PRIVATE CONTRACTOR
15 CONTRACTING WITH THE COMMONWEALTH OR A COUNTY OF THIS
16 COMMONWEALTH FOR THE PROVISION OF CORRECTIONAL SERVICES. THE
17 TERM EXCLUDES PRIVATE FACILITIES CERTIFIED, LICENSED OR OPERATED
18 BY THE DEPARTMENT OF PUBLIC WELFARE OR THE DEPARTMENT OF HEALTH
19 AND PRE-RELEASE CENTERS UNDER THE ACT OF JULY 16, 1968 (P.L.351,
20 NO.173), REFERRED TO AS THE PRISON PRE-RELEASE PLAN LAW.
21 "SECRETARY." THE SECRETARY OF CORRECTIONS OF THE
22 COMMONWEALTH.
23 SECTION 3. PRIVATE CORRECTIONAL FACILITIES AND SECURITY <--
24 SERVICES.
25 (A) GENERAL RULE.--A PRIVATE CONTRACTOR MAY OWN OR OPERATE A
26 PRIVATE CORRECTIONAL FACILITY FOR DETENTIONERS AND INDIVIDUALS
27 WHO ARE SERVING A SENTENCE FOR A MISDEMEANOR OR A SUMMARY
28 OFFENSE.
29 (B) CONTRACTS BY THE COMMONWEALTH AND COUNTIES.--THE
30 COMMONWEALTH OR A COUNTY OF THIS COMMONWEALTH MAY ENTER INTO
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1 CONTRACTS WITH PRIVATE CONTRACTORS IN ACCORDANCE WITH THIS ACT.
2 (C) OUT-OF-STATE CONTRACTS.--NO INMATE FROM A STATE OTHER
3 THAN PENNSYLVANIA MAY BE RECEIVED BY A PRIVATE CORRECTIONAL
4 FACILITY IN THIS COMMONWEALTH.
5 SECTION 4. CONTRACTS.
6 (A) PROVISIONS ENUMERATED.--CONTRACTS EXECUTED UNDER THIS
7 ACT SHALL INCLUDE THE FOLLOWING TERMS:
8 (1) THE POSTING OF AN ADEQUATE PERFORMANCE BOND BY THE
9 PRIVATE CONTRACTOR.
10 (2) PROOF OF ADEQUATE INSURANCE.
11 (3) A REQUIREMENT THAT THE PRIVATE CONTRACTOR COMPLY
12 WITH REGULATIONS OF THE DEPARTMENT AND WITH THIS ACT.
13 (4) A REQUIREMENT OF CONTRACT APPROVAL BY THE ATTORNEY
14 GENERAL.
15 (5) A PLAN DEVELOPED BY THE PRIVATE CONTRACTOR DETAILING
16 ALL ASPECTS OF OPERATIONS IN THE PRIVATE CORRECTIONAL
17 FACILITY OR IN THE PROVISION OF SECURITY SERVICES.
18 (6) A REQUIREMENT OF ANNUAL CONTRACT REVIEW BY THE
19 ATTORNEY GENERAL.
20 (B) APPROVAL BY ATTORNEY GENERAL.--CONTRACT APPROVAL BY THE
21 ATTORNEY GENERAL SHALL BE CONDITIONED UPON THE FOLLOWING:
22 (1) THE PRIVATE CONTRACTOR'S ASSUMPTION OF LIABILITY
23 CAUSED BY OR ARISING OUT OF ALL ASPECTS OF THE OWNERSHIP OR
24 OPERATION OF THE PRIVATE CORRECTIONAL FACILITY OR THE
25 PROVISION OF SECURITY SERVICES, INCLUDING, BUT NOT LIMITED
26 TO, ESCAPE OR OTHER EMERGENCY SITUATIONS, LEGAL FEES AND
27 DAMAGE AWARDS, INVOLVING THE PRIVATE CONTRACTOR AND THE
28 CONTRACTING GOVERNMENT BODY.
29 (2) LIABILITY INSURANCE COVERING THE PRIVATE CONTRACTOR
30 AND ITS OFFICERS, EMPLOYEES AND AGENTS IN AN AMOUNT
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1 SUFFICIENT TO COVER LIABILITY CAUSED BY OR ARISING OUT OF THE
2 OWNERSHIP OR OPERATION OF A PRIVATE CORRECTIONAL FACILITY OR
3 THE PROVISION OF SECURITY SERVICES. A COPY OF THE PROPOSED
4 INSURANCE POLICY FOR THE FIRST YEAR SHALL BE SUBMITTED FOR
5 APPROVAL WITH THE CONTRACT, AND NO CONTRACT SHALL BE VALID OR
6 ENFORCEABLE WITHOUT PRIOR APPROVAL.
7 (C) DISAPPROVAL BY ATTORNEY GENERAL.--DISAPPROVAL OF A
8 CONTRACT MAY BE BASED ON ANY REASONABLE GROUNDS, INCLUDING, BUT
9 NOT LIMITED TO, THE FOLLOWING:
10 (1) INADEQUACY OR INAPPROPRIATENESS OF THE PROPOSED PLAN
11 OF OPERATION.
12 (2) FAILURE TO MEET DEPARTMENT REGULATIONS.
13 (3) UNSUITABILITY OF THE PROPOSED PRIVATE CONTRACTOR OR
14 ITS EMPLOYEES.
15 (4) ABSENCE OF REQUIRED OR DESIRABLE CONTRACT
16 PROVISIONS.
17 (5) UNAVAILABILITY OF ADEQUATE FUNDS.
18 (6) LACK OF PROOF OF APPROPRIATE INSURANCE.
19 (D) TERMINATION.--CONTRACTS EXECUTED UNDER THIS ACT SHALL
20 PROVIDE FOR TERMINATION FOR CAUSE BY THE COMMONWEALTH OR A
21 COUNTY UPON 90 DAYS' NOTICE TO THE PRIVATE CONTRACTOR.
22 TERMINATION SHALL BE ALLOWED FOR REASONS WHICH INCLUDE, BUT ARE
23 NOT LIMITED TO, THE FOLLOWING:
24 (1) FAILURE TO BE LICENSED OR TO COMPLY WITH REGULATIONS
25 OF THE DEPARTMENT.
26 (2) FAILURE TO MEET OTHER CONTRACT PROVISIONS.
27 (3) FAILURE TO MEET THE PROVISIONS OF THIS ACT.
28 SECTION 5. LICENSE.
29 (A) REQUIREMENT.--PRIVATE CONTRACTORS OPERATING WITHIN THIS
30 COMMONWEALTH ARE REQUIRED TO HOLD A VALID LICENSE ISSUED BY THE
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1 DEPARTMENT.
2 (B) ISSUANCE.--THE DEPARTMENT SHALL ISSUE A LICENSE TO THE
3 PRIVATE CONTRACTOR IF IT DETERMINES THAT THE APPLICANT HAS A
4 CONTRACT, APPROVED BY THE ATTORNEY GENERAL, WITH THE
5 COMMONWEALTH OR A COUNTY OF THIS COMMONWEALTH AND MEETS THE
6 REQUIREMENTS OF THE REGULATIONS OF THE DEPARTMENT AND OF THIS
7 ACT.
8 (C) TERM AND CONTENT.--LICENSES ISSUED BY THE DEPARTMENT
9 SHALL BE ON A FORM PRESCRIBED BY THE DEPARTMENT, SHALL NOT BE
10 TRANSFERABLE, SHALL BE ISSUED ONLY FOR THE PRIVATE CORRECTIONAL
11 FACILITIES OR CONTRACTED-FOR PRIVATE SECURITY SERVICES NAMED IN
12 THE APPLICATION AND SHALL SPECIFY THE MAXIMUM NUMBER OF
13 INDIVIDUALS WHO MAY BE HOUSED IN THE FACILITY AT ONE TIME. THE
14 LICENSE SHALL BE POSTED IN A CONSPICUOUS PLACE ON THE LICENSEE'S
15 PREMISES.
16 (D) FEES.--LICENSES AND INSPECTION FEES SHALL BE ESTABLISHED
17 BY THE DEPARTMENT AND SHALL REFLECT THE ACTUAL COST TO THE
18 DEPARTMENT OF LICENSING AND INSPECTION.
19 (E) TRAINING.--THE DEPARTMENT SHALL, BY REGULATION,
20 ESTABLISH A PROGRAM OF TRAINING FOR CORRECTIONS OFFICERS
21 EMPLOYED BY PRIVATE CONTRACTORS. NO INDIVIDUAL MAY BE EMPLOYED
22 AS A CORRECTIONS OFFICER AT A PRIVATE CORRECTIONAL FACILITY
23 UNLESS THE DEPARTMENT CERTIFIES THAT THE INDIVIDUAL HAS
24 SUCCESSFULLY COMPLETED THE TRAINING PROGRAM. COST OF TRAINING
25 SHALL BE PAID BY THE PRIVATE CONTRACTOR.
26 SECTION 6. MAXIMUM CAPACITY OF FACILITY.
27 A PRIVATE CORRECTIONAL FACILITY MAY NOT EXCEED A CAPACITY OF
28 500 BEDS.
29 SECTION 7. POLICE POWER.
30 SECURITY PERSONNEL EMPLOYED BY PRIVATE CONTRACTORS SHALL BE
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1 DEEMED PEACE OFFICERS UNDER SECTION 2.1 OF THE ACT OF MAY 16,
2 1921 (P.L.579, NO.262), ENTITLED, AS AMENDED, "AN ACT PROVIDING
3 FOR THE BETTER MANAGEMENT OF THE JAILS OR COUNTY PRISONS IN THE
4 SEVERAL COUNTIES OF THIS COMMONWEALTH OF THE THIRD, FOURTH,
5 FIFTH CLASSES AND IN CERTAIN COUNTIES OF THE SIXTH, SEVENTH AND
6 EIGHTH CLASSES BY CREATING, IN SUCH COUNTIES, A BOARD TO BE
7 KNOWN BY THE NAME AND STYLE OF INSPECTORS OF THE JAIL OR COUNTY
8 PRISON, WITH AUTHORITY TO APPOINT A WARDEN OF SUCH PRISON, AND
9 BY VESTING IN SAID BOARD, AND THE OFFICERS APPOINTED BY IT, THE
10 SAFE-KEEPING, DISCIPLINE, AND EMPLOYMENT OF PRISONERS AND THE
11 GOVERNMENT AND MANAGEMENT OF SAID JAILS OR COUNTY PRISONS."
12 SECTION 8. LABOR DISPUTES.
13 (A) NOTICE.--
14 (1) A PRIVATE CONTRACTOR SHALL NOTIFY THE DEPARTMENT 60
15 DAYS PRIOR TO THE TERMINATION OF A LABOR CONTRACT UNDER THIS
16 ACT.
17 (2) A PRIVATE CONTRACTOR SHALL NOTIFY THE DEPARTMENT
18 IMMEDIATELY UPON LEARNING OF A POTENTIAL OR IMPENDING STRIKE.
19 (B) ASSISTANCE.--IN THE EVENT OF A STRIKE, THE DEPARTMENT
20 SHALL ASSIST A COUNTY TO ASSUME OPERATION OF THE PRIVATE
21 CORRECTIONAL FACILITY AND SHALL USE COMMONWEALTH EMERGENCY
22 RESOURCES NECESSARY TO OPERATE THE FACILITY UNTIL THE STRIKE HAS
23 ENDED. COSTS INCURRED BY THE DEPARTMENT, THE COMMONWEALTH OR A
24 COUNTY SHALL BE REIMBURSED BY THE PRIVATE CONTRACTOR.
25 SECTION 9. EMERGENCIES.
26 (A) NOTIFICATION OF POLICE.--UPON THE OCCURRENCE OF AN
27 ESCAPE OF AN INMATE OR UPON A VIOLENT DISTURBANCE WITHIN A
28 PRIVATE CORRECTIONAL FACILITY OR A FACILITY USING PRIVATE
29 SECURITY SERVICES, THE FACILITY SHALL IMMEDIATELY NOTIFY THE
30 LOCAL POLICE WITHIN THE COUNTY AND THE PENNSYLVANIA STATE
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1 POLICE.
2 (B) AUTHORITY OF THE DEPARTMENT.--UPON THE OCCURRENCE OF AN
3 EMERGENCY IN A PRIVATE CORRECTIONAL FACILITY OR A FACILITY USING
4 PRIVATE SECURITY SERVICES, THE DEPARTMENT SHALL HAVE THE
5 AUTHORITY TO ENTER AND CONTROL THE FACILITY UNTIL THE EMERGENCY
6 ENDS.
7 (C) COSTS.--COSTS INCURRED BY THE DEPARTMENT, THE
8 COMMONWEALTH OR A COUNTY OF THIS COMMONWEALTH SHALL BE
9 REIMBURSED BY THE PRIVATE CONTRACTOR.
10 SECTION 10. DUTY TO INSPECT; INSPECTIONS.
11 (A) DUTY TO INSPECT.--THE DEPARTMENT SHALL ANNUALLY INSPECT
12 PRIVATE CORRECTIONAL FACILITIES AND FACILITIES USING PRIVATE
13 SECURITY SERVICES TO INSURE COMPLIANCE WITH ITS REGULATIONS. THE
14 DEPARTMENT SHALL SUBMIT A WRITTEN REPORT ON THE FINDINGS OF ITS
15 INSPECTION TO THE PRIVATE CONTRACTOR WITHIN 60 DAYS OF THE
16 INSPECTION. THE PRIVATE CONTRACTOR SHALL BE GIVEN A REASONABLE
17 PERIOD OF TIME WITHIN WHICH TO CORRECT DEFICIENCIES OR TO COME
18 INTO COMPLIANCE WITH THE APPLICABLE REGULATIONS. IF THE PRIVATE
19 CONTRACTOR DOES NOT COME INTO COMPLIANCE WITH THE APPLICABLE
20 REGULATIONS, THE DEPARTMENT MAY REVOKE ITS LICENSE AFTER A
21 HEARING UNDER 2 PA.C.S. CH. 5 SUBCH. A (RELATING TO PRACTICE AND
22 PROCEDURE OF COMMONWEALTH AGENCIES) AND CH. 7 SUBCH. A (RELATING
23 TO JUDICIAL REVIEW OF COMMONWEALTH AGENCY ACTION).
24 (B) INSPECTIONS.--PERSONNEL OF THE DEPARTMENT OR OTHER
25 ADMINISTRATIVE AGENCIES AUTHORIZED BY THE SECRETARY TO INSPECT
26 CORRECTIONAL FACILITIES MAY ENTER A PRIVATE CORRECTIONAL
27 FACILITY UNANNOUNCED AT ANY TIME TO INVESTIGATE ANY FACET OF THE
28 OPERATION OF A PRIVATE CORRECTIONAL FACILITY.
29 SECTION 11. OFFICIAL VISITS.
30 (A) TIME.--OFFICIAL VISITORS MAY VISIT A PRIVATE
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1 CORRECTIONAL FACILITY OR FACILITY USING PRIVATE SECURITY
2 SERVICES ON ANY DAY, INCLUDING SUNDAYS, BETWEEN 9 A.M. AND 5
3 P.M. OFFICIAL VISITORS MAY NOT ENTER OR VISIT AT ANY OTHER TIME
4 EXCEPT WITH THE SPECIAL PERMISSION OF THE OFFICIAL IN CHARGE OF
5 THE FACILITY.
6 (B) INTERVIEWS.--OFFICIAL VISITORS MAY INTERVIEW AN INMATE
7 OR OTHER PERSON PRIVATELY AND ENTER THE CELL OR ROOM WHEREIN THE
8 INMATE OR PERSON IS CONFINED. IF THE PERSON IN CHARGE OF THE
9 PRIVATE CORRECTIONAL FACILITY BELIEVES THAT ENTRY INTO A CELL
10 WOULD BE DANGEROUS TO THE VISITOR OR TO THE DISCIPLINE OF THE
11 FACILITY, THE PERSON MAY CONDUCT THE INMATE OR OTHER PERSON INTO
12 ANOTHER ROOM OR CELL DESIGNATED FOR THAT PURPOSE.
13 (C) CRIMINAL PROVISIONS.--OFFICIAL VISITORS ARE SUBJECT TO
14 18 PA.C.S. §§ 5121 (RELATING TO ESCAPE), 5122 (RELATING TO
15 WEAPONS OR IMPLEMENTS FOR ESCAPE) AND 5123 (RELATING TO
16 CONTRABAND).
17 (D) DENIAL.--IF AN OFFICIAL VISITOR VIOLATES THIS SECTION,
18 OFFICIALS OF THE PRIVATE CORRECTIONAL FACILITY OR FACILITY USING
19 PRIVATE SECURITY SERVICES MAY APPLY TO THE COURT OF COMMON PLEAS
20 OF THE JUDICIAL DISTRICT IN WHICH THE FACILITY IS LOCATED FOR AN
21 ORDER TO SHOW CAUSE WHY THE OFFICIAL VISITOR SHOULD NOT BE
22 DENIED OFFICIAL VISITOR STATUS.
23 SECTION 12. REGULATIONS.
24 THE DEPARTMENT SHALL, WITHIN SIX MONTHS OF THE EFFECTIVE DATE
25 OF THIS SECTION UNDER SECTION 19(A), PROMULGATE REGULATIONS FOR
26 THE PROVISION AND OPERATION OF PRIVATE CORRECTIONAL FACILITIES
27 AND FOR THE PROVISION OF PRIVATE SECURITY SERVICES. THE
28 REGULATIONS SHALL INCLUDE, BUT NOT BE LIMITED TO:
29 (1) GUIDELINES AS TO WHO SHALL BE INCARCERATED IN A
30 PRIVATE CORRECTIONAL FACILITY BASED ON THE VIOLENT NATURE OF
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1 THE OFFENSE AND PREVIOUS VIOLENT BEHAVIOR. THE INTENT OF THIS
2 PARAGRAPH IS TO ENSURE THAT ONLY INMATES SUITABLE FOR MINIMUM
3 SECURITY FACILITIES ARE HOUSED IN A PRIVATE CORRECTIONAL
4 FACILITY.
5 (2) MINIMUM STANDARDS FOR THE CARE OF INMATES, THE
6 PROTECTION OF INMATES RIGHTS, THE STAFF, THE AVAILABILITY OF
7 MENTAL HEALTH SERVICES, THE PHYSICAL STRUCTURE AND OPERATION
8 OF PRIVATE CORRECTIONAL FACILITIES WITHIN THIS COMMONWEALTH.
9 SECTION 13. VIOLATIONS OF CONTRACT.
10 (A) NOTICE.--WHENEVER THE DEPARTMENT LEARNS OF A VIOLATION
11 OF A CONTRACT BY A PRIVATE CONTRACTOR, IT SHALL IMMEDIATELY GIVE
12 WRITTEN NOTICE TO THE COMMONWEALTH OR COUNTY, THE PRIVATE
13 CONTRACTOR AND THE ATTORNEY GENERAL. VIOLATION OF THE CONTRACT
14 SHALL BE GROUNDS FOR TERMINATION OF THE CONTRACT UNDER SECTION
15 4(D)(2).
16 (B) COMPLIANCE.--NOTICE TO THE PRIVATE CONTRACTOR SHALL
17 REQUIRE ACTION TO BRING THE FACILITY INTO COMPLIANCE WITH THE
18 RELEVANT CONTRACTUAL PROVISION IN THE TIME PERIOD DETERMINED BY
19 THE DEPARTMENT.
20 SECTION 14. LICENSE REVOCATION.
21 (A) PRACTICE AND PROCEDURE.--THE DEPARTMENT SHALL ESTABLISH
22 REGULATIONS ESTABLISHING PROCEDURES FOR REVOCATION OF A LICENSE
23 UNDER THIS ACT, TO INCLUDE PROVISIONS FOR NOTICE AND HEARING
24 UNDER 2 PA.C.S. CH. 5 SUBCH. A (RELATING TO PRACTICE AND
25 PROCEDURE OF COMMONWEALTH AGENCIES) AND CH. 7 SUBCH. A (RELATING
26 TO JUDICIAL REVIEW OF COMMONWEALTH AGENCY ACTION).
27 (B) GROUNDS.--GROUNDS FOR REVOCATION INCLUDE, BUT ARE NOT
28 LIMITED TO:
29 (1) VIOLATION OF THIS ACT OR REGULATIONS OF THE
30 DEPARTMENT.
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1 (2) FRAUD OR MISREPRESENTATION.
2 (3) FAILURE TO MAINTAIN ADEQUATE INSURANCE.
3 (4) GROSS INCOMPETENCE OR NEGLIGENCE.
4 (5) MORAL TURPITUDE.
5 (6) VIOLATION OF OTHER LAWS OF THIS COMMONWEALTH.
6 (7) VIOLATION OF THE CIVIL RIGHTS OF AN INDIVIDUAL
7 INMATE.
8 (8) FAILURE TO COMPLY WITH OFFICIAL INSPECTION REPORTS
9 OF THE DEPARTMENT UNDER SECTION 10(A).
10 SECTION 15. CRIMINAL PENALTY.
11 A PRIVATE CONTRACTOR WHO OPERATES A PRIVATE CORRECTIONAL
12 FACILITY OR PROVIDES PRIVATE SECURITY SERVICES IN THIS
13 COMMONWEALTH WITHOUT A LICENSE UNDER SECTION 5 COMMITS A
14 MISDEMEANOR OF THE FIRST DEGREE AND SHALL, UPON CONVICTION, BE
15 SENTENCED TO PAY A FINE OF $10,000 AND COSTS OF PROSECUTION OR,
16 IF THE PRIVATE CONTRACTOR FAILS TO PAY THE FINE, TO IMPRISONMENT
17 FOR NOT MORE THAN ONE YEAR. EACH DAY OF OPERATION OF A PRIVATE
18 CORRECTIONAL FACILITY OR OF PROVISION OF PRIVATE SECURITY
19 SERVICES SHALL CONSTITUTE A SEPARATE OFFENSE. IF THE PRIVATE
20 CONTRACTOR IS A PARTNERSHIP, THE PARTNERS ARE LIABLE UNDER THIS
21 SECTION. IF THE PRIVATE CONTRACTOR IS A CORPORATION OR
22 UNINCORPORATED ASSOCIATION, THE CHIEF EXECUTIVE OFFICER IS
23 LIABLE UNDER THIS SECTION.
24 SECTION 16. ANNUAL REPORTS.
25 (A) FACILITIES AND CONTRACTORS.--A PRIVATE CONTRACTOR SHALL
26 SUBMIT AN ANNUAL REPORT TO THE COMMONWEALTH OR COUNTY WITH WHICH
27 IT HAS A CONTRACT.
28 (B) DEPARTMENT.--THE DEPARTMENT SHALL SUBMIT TO THE GENERAL
29 ASSEMBLY AN ANNUAL REPORT ON THE STATUS OF PRIVATE CONTRACTORS
30 IN THIS COMMONWEALTH, INCLUDING PROBLEMS RELATED TO PRIVATE
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1 CONTRACTORS.
2 SECTION 17. OTHER STATUTES.
3 PRIVATE CORRECTIONAL FACILITIES ARE DEEMED TO BE CORRECTIONAL
4 INSTITUTIONS FOR PURPOSES OF 18 PA.C.S. (RELATING TO CRIMES AND
5 OFFENSES) AND 42 PA.C.S. (RELATING TO JUDICIARY AND JUDICIAL
6 PROCEDURE) AND ARE DEEMED TO BE PRISONS FOR PURPOSES OF THE ACT
7 OF JULY 11, 1923 (P.L.1044, NO.425), REFERRED TO AS THE PRISONER
8 TRANSFER LAW. OTHER STATUTES RELATING TO PENITENTIARIES,
9 PRISONS, WORKHOUSES, HOUSES OF CORRECTIONS AND INSTITUTIONS FOR
10 PRISONERS APPLY TO PRIVATE CORRECTIONAL FACILITIES TO THE EXTENT
11 NECESSARY TO CARRY OUT THE INTENT AND PROVISIONS OF THIS ACT.
12 SECTION 18. APPLICABILITY.
13 (A) PROSPECTIVE.--NEITHER THE COMMONWEALTH NOR A COUNTY OF
14 THIS COMMONWEALTH MAY CONTRACT WITH A PRIVATE CORRECTIONAL
15 FACILITY FOR THE INCARCERATION OF PRISONERS UNTIL THE EFFECTIVE
16 DATE OF THIS ACT UNDER SECTION 19(B).
17 (B) RETROACTIVE.--THIS ACT DOES NOT PREVENT THE CONTINUED
18 OPERATION OF A PRIVATE CORRECTIONAL FACILITY WHICH IS IN
19 OPERATION PRIOR TO THE EFFECTIVE DATE OF THIS ACT UNDER SECTION
20 19(B). THIS ACT SHALL NOT BE CONSTRUED TO PROHIBIT A COUNTY FROM
21 UTILIZING THE SERVICES OF A PRIVATE CONTRACTOR FOR SECURITY
22 SERVICES AS LONG AS THE SERVICES WILL BE DIRECTLY SUPERVISED BY
23 EMPLOYEES OF THE COUNTY AND THE FACILITY REMAINS UNDER THE
24 MANAGEMENT OF EMPLOYEES OF THE COUNTY.
25 SECTION 19. EFFECTIVE DATE.
26 (A) ADMINISTRATION.--SECTIONS 12, 18 AND THIS SECTION SHALL
27 TAKE EFFECT IMMEDIATELY.
28 (B) REMAINDER.--THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
29 IN ONE YEAR.
30 SECTION 3. MORATORIUM. <--
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1 (A) PROHIBITION.--ON AND AFTER THE EFFECTIVE DATE OF THIS
2 ACT, NO PRIVATE CORRECTIONAL FACILITY SHALL BE OPERATED WITHIN
3 THIS COMMONWEALTH.
4 (B) END OF MORATORIUM.--THE PROHIBITION CONTAINED HEREIN
5 SHALL REMAIN IN EFFECT UNTIL JUNE 30, 1987.
6 (C) EXCEPTION.--NOTHING IN THIS SECTION SHALL APPLY TO
7 PRIVATE CONTRACTORS FOR SECURITY SERVICES AS DEFINED IN THIS
8 ACT.
9 SECTION 4. PRIVATE PRISON TASK FORCE.
10 (A) CREATION OF TASK FORCE.--A LEGISLATIVE TASK FORCE, KNOWN
11 AS THE PRIVATE PRISON TASK FORCE, SHALL BE CREATED WITHIN THE
12 JOINT STATE GOVERNMENT COMMISSION WITHIN 30 DAYS OF THE
13 EFFECTIVE DATE OF THIS ACT. THE PRIVATE PRISON TASK FORCE SHALL
14 BE MADE UP OF THE FOLLOWING:
15 (1) THREE MEMBERS OF THE SENATE APPOINTED BY THE
16 PRESIDENT PRO TEMPORE, TWO OF WHOM SHALL BE MEMBERS OF THE
17 MAJORITY PARTY AND ONE WHO SHALL BE A MEMBER OF THE MINORITY
18 PARTY. THE PRESIDENT PRO TEMPORE SHALL DESIGNATE ONE OF THE
19 MEMBERS AS CHAIRMAN CO-CHAIRMAN. <--
20 (2) THREE MEMBERS OF THE HOUSE OF REPRESENTATIVES
21 APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, TWO
22 OF WHOM SHALL BE MEMBERS OF THE MAJORITY PARTY AND ONE WHO
23 SHALL BE A MEMBER OF THE MINORITY PARTY. THE SPEAKER SHALL
24 DESIGNATE ONE OF THE MEMBERS AS VICE CHAIRMAN CO-CHAIRMAN. <--
25 (B) TASK FORCE REVIEW.--THE PRIVATE PRISON TASK FORCE SHALL
26 STUDY AND MAY CONDUCT PUBLIC HEARINGS ON THE ISSUE OF PRIVATE
27 CORRECTIONAL FACILITIES IN PENNSYLVANIA, INCLUDING, BUT NOT
28 LIMITED TO, THE NEED FOR AND POTENTIAL IMPACT OF PRIVATE
29 PRISONS, STATE REGULATIONS, CONTRACT AND LICENSING PROVISIONS,
30 LIABILITY, SECURITY AND OTHER RELATED ISSUES.
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1 (C) TASK FORCE REPORT.--THE PRIVATE PRISON TASK FORCE SHALL
2 SUBMIT A REPORT OF ITS FINDINGS AND RECOMMENDATIONS TO THE
3 GENERAL ASSEMBLY BY MARCH 31, 1987.
4 (D) ADVISORY COMMITTEE.--THE PRIVATE PRISON TASK FORCE MAY
5 APPOINT AN ADVISORY COMMITTEE TO INCLUDE, BUT NOT BE LIMITED TO:
6 (1) THE ATTORNEY GENERAL, OR HIS DESIGNEE.
7 (2) THE SECRETARY OF CORRECTIONS, OR HIS DESIGNEE.
8 (3) THE SECRETARY OF HEALTH, OR HIS DESIGNEE.
9 (4) A REPRESENTATIVE OF THE PENNSYLVANIA PRISON SOCIETY;
10 OR OTHER PRISONERS' RIGHTS ORGANIZATION.
11 (5) A REPRESENTATIVE OF ORGANIZED LABOR.
12 SECTION 5. CONTINUED OPERATION.
13 (A) GENERAL RULE.--NOTHING IN THIS ACT SHALL PREVENT THE <--
14 CONTINUED OPERATION OF ANY PRIVATE CORRECTIONAL FACILITY WHICH
15 WAS IN OPERATION DURING 1985.
16 (B) RESTRICTIONS.--INCARCERATION IN A PRIVATE CORRECTIONAL <--
17 FACILITY SHALL BE LIMITED TO THE FOLLOWING:
18 (1) INMATES SENTENCED FOR SUMMARY OFFENCES OR OFFENSES
19 PURSUANT TO 75 PA.C.S. § 3731 (RELATING TO DRIVING UNDER
20 INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE).
21 (2) PRISON INMATES THAT ARE NOT FEDERAL.
22 (3) PRISON INMATES THAT ARE NOT FROM A STATE OTHER THAN
23 PENNSYLVANIA.
24 SECTION 6. EFFECTIVE DATE.
25 THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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