PRINTER'S NO. 1993
No. 1559 Session of 1985
INTRODUCED BY LIVENGOOD, PRATT, PICCOLA, SWEET, McVERRY,
D. R. WRIGHT, GREENWOOD, HALUSKA, SAURMAN, RYBAK, BELFANTI,
PHILLIPS, STEWART, STABACK, VAN HORNE, FOX, MORRIS, SEMMEL,
PRESSMANN, BOWSER, ACOSTA, RICHARDSON, CALTAGIRONE, OLASZ,
BATTISTO, MICHLOVIC, BOWLEY, WASS, CESSAR, STAIRS, BURD,
BOOK, PETRARCA, SALOOM, MAYERNIK, MARKOSEK, PITTS, LESCOVITZ,
COLAFELLA, WILSON, LETTERMAN, LAUGHLIN, BORTNER, CLARK,
GRUITZA, COLE, BARBER, LEVIN, CAPPABIANCA, MORRIS, COY,
DeWEESE, CORDISCO, SEVENTY, GODSHALL AND JOHNSON, JUNE 28,
1985
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 28, 1985
AN ACT
1 Providing for the licensing of certain persons charged with the
2 general administration of correctional facilities; empowering
3 the State Board of Corrections Administrators; and fixing
4 fees.
5 TABLE OF CONTENTS
6 Section 1. Short title.
7 Section 2. Definitions.
8 Section 3. Applicability of law.
9 Section 4. License requirement.
10 Section 5. State Board of Corrections Administrators.
11 Section 6. Powers and duties of administrative secretary.
12 Section 7. Functions and duties of board.
13 Section 8. Qualifications for admission to examination.
14 Section 9. Examinations.
15 Section 10. Licenses.
1 Section 11. Registration.
2 Section 12. Reciprocity.
3 Section 13. Penalties.
4 Section 14. Disciplinary proceedings.
5 Section 15. Temporary licenses.
6 Section 16. Application to existing personnel.
7 Section 17. Effective date.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Short title.
11 This act shall be known and may be cited as the Corrections
12 Administrators License Act.
13 Section 2. Definitions.
14 The following words and phrases when used in this act shall
15 have the meanings given to them in this section unless the
16 context clearly indicates otherwise:
17 "Board." The State Board of Corrections Administrators in
18 the Department of State.
19 "Correctional facility." A place for the treatment and
20 rehabilitation of criminal offenders through a program involving
21 penal custody.
22 "Corrections administrator." An individual who is charged
23 with the general administration of a correctional facility, and
24 is responsible for the planning, organizing, directing, control
25 and management of a correctional facility.
26 Section 3. Applicability of law.
27 The provisions of this act shall apply to all correctional
28 facilities operated by any county of the first, second, second
29 A, third, fourth, fifth or sixth class. At the election of the
30 county commissioners of counties of the seventh and eighth class
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1 which have established a prison board, the provisions of this
2 act shall also be applicable to such counties. Where the prison
3 board is administered by an elected sheriff-warden, the sheriff,
4 upon election, will be encouraged but not required to comply
5 with the provisions of this act.
6 Section 4. License requirement.
7 After July 1, 1986, no person employed by a county prison
8 board or county commissioners shall act as a corrections
9 administrator or use any title, sign, card or device to indicate
10 that the person is a corrections administrator, unless such
11 person is duly licensed and registered as a corrections
12 administrator or holds a temporary license as a corrections
13 administrator.
14 Section 5. State Board of Corrections Administrators.
15 (a) Established.--The State Board of Corrections
16 Administrators is hereby established and shall consist of six
17 members.
18 (b) Composition.--The board shall consist of the Secretary
19 of Corrections, ex officio, and five members who are citizens of
20 Pennsylvania, who have been licensed prison wardens in
21 Pennsylvania for a period of at least five years previous to
22 their appointment, and who are, at the time of appointment,
23 engaged in the active employment of corrections. The initial
24 five members while not required to be licensed at their initial
25 appointment, shall have been active prison wardens for at least
26 five years preceding their appointment, and become licensed
27 under the provisions of this act.
28 (c) Vacancies.--The Governor shall, upon the expiration of
29 the term of office of any member, appoint a person with the
30 specified qualifications in subsection (b) for a term of six
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1 years or until a successor is appointed and qualified. Vacancies
2 shall be filled in like manner. A list of at least six persons
3 with the specified qualifications may be submitted to the
4 Governor by the executive committee of the Pennsylvania Prison
5 Wardens Association. If no such persons exist during the first
6 five years after the effective date of this act, the provisions
7 of subsection (b) shall prevail in appointing such replacement
8 members to fill any vacancy in this initial five-year period.
9 (d) Term limitation.--No person may serve more than two
10 terms as a member of the board.
11 (e) Quorum.--Three members of the board shall constitute a
12 quorum for the transaction of all business, except as otherwise
13 specified in this act.
14 (f) Meetings.--The board shall meet prior to December 30 of
15 each year for the purpose of organizing for the following year.
16 At the organizational meeting, the board shall elect a chairman
17 and vice chairman for the ensuing calendar year. The board shall
18 meet at least once every 30 days at the board offices and at
19 such other times and places as the chairman deems necessary. The
20 members of the board shall be paid by the Commonwealth through
21 the Bureau of Professional and Occupational Affairs for expenses
22 incurred when actually engaged in official meetings or otherwise
23 in the performance of their official duties as directed by the
24 chairman in accordance with the regulations of the Commonwealth
25 from funds appropriated to it by the General Assembly.
26 Section 6. Powers and duties of administrative secretary.
27 (a) Election.--The board by a majority vote of all members
28 shall elect an administrative secretary who shall not be a
29 member of the board but who shall be a warden duly licensed in
30 Pennsylvania. Upon the approval of the Governor, the secretary
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1 shall be installed and shall serve during the pleasure of the
2 board. The secretary shall receive compensation set by the Board
3 of Corrections to be paid from funds appropriated to it by the
4 General Assembly.
5 (b) Powers and duties.--The administrative secretary shall:
6 (1) Be responsible for the administration of all
7 professional and public affairs as directed by the board.
8 (2) Report to and proceed with the instructions of the
9 board.
10 (3) Carry out all policies and instructions emanating
11 from the board.
12 (4) Make, keep and be in charge of all records and
13 record books required to be kept by the board, including a
14 register of all registrants who are required to be
15 registered.
16 (5) Attend to the correspondence of the board and
17 perform all other duties as the board may require.
18 (6) Receive and receipt for all fees collected under the
19 provisions of this act and cause them to be deposited in the
20 General Fund of the Commonwealth.
21 Section 7. Functions and duties of board.
22 (a) General provisions.--It shall be the function and duty
23 of the board to:
24 (1) Develop, impose and enforce standards which shall be
25 met by individuals in order to receive a license as a
26 corrections administrator, which standards shall be designed
27 to insure that corrections administrators will be individuals
28 who are of good character and are otherwise suitable, and
29 who, by training or experience in the field of correctional
30 administration, which may include a requirement for
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1 supervised experience prior to licensure, are qualified to
2 serve as corrections administrators.
3 (2) Develop and apply appropriate techniques, including
4 examinations and investigations, for determining whether an
5 individual meets such standards.
6 (3) Issue licenses and registrations to individuals
7 determined, after application of such techniques, to have
8 such standards and revoke or suspend licenses or
9 registrations previously issued by the board in any case
10 where the individual holding any such license or registration
11 is determined to have failed to conform to the requirements
12 of such standards.
13 (4) Establish and carry out procedures designed to
14 insure that individuals licensed as corrections
15 administrators will, during any period that they serve as
16 such, comply with the requirements of such standards.
17 (5) Receive, investigate and take appropriate action
18 with respect to any charge or complaint filed with the board
19 to the effect that any individual licensed as a corrections
20 administrator has failed to comply with the requirements of
21 such standards.
22 (b) Hearings.--The board or any committee or member thereof,
23 acting in an official capacity, shall have the authority to
24 issue subpoenas, compel the attendance of witnesses, administer
25 oaths and take testimony concerning all matters within the
26 jurisdiction of the board. The board shall not be bound by the
27 strict rules of evidence in the conduct of its proceedings but
28 any determinations made shall be founded upon sufficient legal
29 evidence to sustain them. The right of appeal from decisions of
30 the board shall be in accordance with the provisions of 2
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1 Pa.C.S. Ch. 7 Subch. A (relating to judicial review of
2 Commonwealth agency action).
3 (c) Procedures.--The board shall also have the authority to
4 make rules and regulations, not inconsistent with law, and to
5 take such other actions as may be necessary for the proper
6 performance of its duties.
7 Section 8. Qualifications for admission to examination.
8 The board shall admit to examination for licensure as a
9 corrections administrator any candidate who submits an
10 examination fee of $50 and submits evidence that he is of good
11 moral character and suitability as prescribed by the board, that
12 he is at least 21 years of age, that he is a citizen of the
13 United States or has duly declared his intention of becoming a
14 citizen of the United States, and that he has completed
15 preliminary education which shall meet at least one of the three
16 following educational levels:
17 (1) Master's degree in corrections or related field with
18 six months successfully served in full-time capacity as
19 deputy warden, deputy superintendent or deputy corrections
20 administrator under the supervision of a licensed corrections
21 administrator.
22 (2) Baccalaureate degree in corrections or related field
23 with nine months successfully served in full-time capacity as
24 deputy warden or deputy superintendent under the supervision
25 of a licensed corrections administrator.
26 (3) Two years college level study in corrections or
27 related field with 18 months successfully served in full-time
28 capacity as deputy warden or deputy superintendent under the
29 supervision of a full-time licensed corrections
30 administrator.
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1 A candidate who applies for examination under and pursuant to
2 this section, in lieu of the educational requirements provided
3 for, may submit evidence satisfactory to the board that he has
4 obtained one year of practical experience in corrections
5 administration for each year of required postsecondary school
6 education.
7 Section 9. Examinations.
8 The board, in conjunction with a professional examination
9 service, shall determine the subjects of examination for
10 applicants for licensure as corrections administrators, and the
11 scope, content and format of such examinations, which in any
12 examination shall be the same for all candidates. Examinations
13 shall be held at least twice each year and may otherwise be held
14 as often as needed, at such times and places as the board shall
15 designate.
16 Section 10. Licenses.
17 An applicant for a license as a corrections administrator who
18 has successfully complied with the requirements of section 8 and
19 the standards provided for therein, and passed the examination
20 provided for in section 9, shall be issued a license on a form
21 provided for that purpose by the board, certifying that the
22 applicant has met the requirements of the laws, rules and
23 regulations entitling him to serve, act, practice and otherwise
24 hold himself out as a duly licensed corrections administrator.
25 Section 11. Registration.
26 (a) General rule.--Every individual who holds a valid
27 license as a corrections administrator issued by the board under
28 section 9 shall immediately upon issuance thereof be deemed
29 registered with the board and be issued a certificate of
30 registration. Thereafter, such individual shall biennially be
19850H1559B1993 - 8 -
1 required to apply to the board for a new certificate of
2 registration and report any facts requested by the board on
3 forms provided for such purpose.
4 (b) Renewal.--Upon making an application for a new
5 certificate of registration, such individual shall pay a
6 biennial registration fee of $50 and, at the same time, shall
7 submit evidence satisfactory to the board that during the
8 biennial period immediately preceding such application for
9 registration he has attended a board-approved continuation
10 education program or course of study of not less than 40 hours
11 as provided in the rules and regulations of the board.
12 (c) Issuance.--Upon receipt of such application for
13 registration, the registration fee and the evidence required
14 with respect to continuing education, the board shall issue a
15 certificate of registration to such corrections administrator.
16 (d) Suspension.--The license of a corrections administrator
17 who fails to comply with the provisions of this section, and who
18 continues to act as a corrections administrator, may be
19 suspended or revoked by the board. The right of appeal from the
20 decision of the board shall be in accordance with the provisions
21 of 2 Pa.C.S. Ch. 7 Subch. A (relating to judicial review of
22 Commonwealth agency action).
23 (e) Expiration.--A corrections administrator who has been
24 duly licensed and registered in this Commonwealth whose license
25 has not been revoked or suspended, and whose registration has
26 expired because he has temporarily abandoned the practice of
27 corrections administration, or has moved from this Commonwealth,
28 or for such other reason, may register within this Commonwealth
29 upon complying with the provisions of this section for
30 registration, and also, filing with the board his affidavit of
19850H1559B1993 - 9 -
1 such facts.
2 (f) Registry.--The board shall maintain a register of all
3 applications for licensing and registration of corrections
4 administrators, which register shall show:
5 (1) The place or residence, name and age of each
6 applicant.
7 (2) The name and address of employer or business
8 connection of each applicant.
9 (3) The date of application.
10 (4) Complete information on educational and experience
11 qualifications.
12 (5) The action taken by the board.
13 (6) The serial number of the license and of registration
14 certificates issued to the applicant.
15 (7) The date on which the board reviewed and acted upon
16 the application.
17 (8) Other pertinent information as may be deemed
18 necessary.
19 Section 12. Reciprocity.
20 The board, in its discretion, and otherwise subject to the
21 provisions of this act and the rules and regulations of the
22 board promulgated thereunder prescribing the qualifications for
23 a corrections administrator license, may endorse a corrections
24 administrator license issued by the proper authorities of any
25 other state, upon payment of a fee of $50 and upon submission of
26 evidence satisfactory to the board that such other state
27 maintained a system and standard of qualifications and
28 examinations for a corrections administrator license which were
29 equivalent to those required in this State at the time such
30 other license was issued by such other state, and that such
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1 other state gives similar recognition and endorsement to
2 corrections administrator licenses of this Commonwealth.
3 Section 13. Penalties.
4 Whoever sells or fraudulently obtains or furnishes any
5 corrections administrator license or aids or abets therein, or
6 practices as a corrections administrator under cover of any
7 license or registration illegally or fraudulently obtained or
8 unlawfully issued, or practices as a corrections administrator
9 or uses in connection with his name any designation tending to
10 imply that he is a corrections administrator unless duly
11 licensed and registered to so practice under the provisions of
12 this act, or practices as a corrections administrator during the
13 time his license or registration issued under the provisions of
14 this act is suspended or revoked, or otherwise violates any of
15 the provisions of this act shall, upon conviction thereof in a
16 summary proceeding, be sentenced to pay a fine of not more than
17 $200 or to imprisonment for not more than 30 days, or both.
18 Section 14. Disciplinary proceedings.
19 (a) General rule.--The license and registration of any
20 person practicing or offering to practice as a corrections
21 administrator may be revoked or suspended, or such licensee may
22 be reprimanded, censured or otherwise disciplined in accordance
23 with the provisions of this section upon decision and after due
24 hearing in any of the following cases:
25 (1) Upon proof that such licensee is unfit or
26 incompetent by reason of negligence, habits or other causes.
27 (2) Upon proof that such licensee has willfully or
28 repeatedly violated any of the provisions of this act or the
29 rules enacted in accordance therewith, or willfully or
30 repeatedly acted in a manner inconsistent with the health and
19850H1559B1993 - 11 -
1 safety of the inmates.
2 (3) Upon proof that such licensee is guilty of fraud or
3 deceit in the practice of correctional administration or in
4 his admission to such practice.
5 (4) Upon proof that such licensee has been convicted in
6 a court of competent jurisdiction, either within or without
7 this Commonwealth, of a felony.
8 (b) Jurisdiction.--The members of the board shall have
9 jurisdiction to hear all charges brought under the provisions of
10 this section against persons licensed and registered as
11 corrections administrators, and upon such hearings shall
12 determine such charges upon their merits. If the board
13 determines that such person is guilty of the charges, the board
14 may revoke his or her license or registration, suspend him or
15 her from practice, or reprimand, censure or otherwise discipline
16 such licensee.
17 (c) Institution of proceedings.--Proceedings under this
18 section shall be begun by filing with the board charges in
19 writing and under oath. The charges may be preferred by any
20 person or by the board. Thereupon, the chairman of the board
21 shall designate three or more members thereof as a hearing
22 committee to hear the charges and to report to the board
23 thereon.
24 (d) Rights of parties.--At the hearing the licensee shall
25 have the right to appear either personally or by counsel, or
26 both, to produce witnesses and evidence on his own behalf, to
27 cross-examine witnesses and to have subpoenas issued in his
28 behalf by the hearing committee. The hearing committee shall
29 make a written report to the board of the findings and
30 recommendations which shall be considered by the board in
19850H1559B1993 - 12 -
1 arriving at its determination.
2 (e) Procedures.--Members of the hearing committee shall
3 exercise any of the requirements set forth in section 4 as may
4 be necessary for the proper conduct of the hearing.
5 Section 15. Temporary licenses.
6 The board may issue a temporary license for a period of six
7 months to any person who pays a fee of $50, meets the
8 educational requirements of the board and presents a written
9 explanation from the person's employer for the necessity of
10 employing an unlicensed corrections administrator.
11 Section 16. Application to existing personnel.
12 All existing prison wardens or prison superintendents, deputy
13 prison wardens or deputy prison superintendents who have been
14 employed for at least one full calendar year as full-time
15 administrators on the effective date of this act shall be
16 entitled to receive a board license and be eligible for biennial
17 registration. All existing prison wardens, prison
18 superintendents, deputy prison wardens or deputy prison
19 superintendents who have been employed as full-time
20 administrators or deputy administrators for less than one full
21 year at the effective date of this act shall be eligible to take
22 the examination for licensure without regard to the required
23 qualifications provided for in section 8(1), (2) and (3) during
24 the first year after the establishment of the examination.
25 Section 17. Effective date.
26 This act shall take effect in 60 days.
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