PRINTER'S NO. 1256
No. 1108 Session of 1989
INTRODUCED BY BLAUM, HAGARTY, PICCOLA, CAPPABIANCA, CLYMER,
DALEY, HECKLER, HERMAN, KOSINSKI, LANGTRY, LASHINGER,
LEVDANSKY, MARSICO, MELIO, MOEHLMANN, MORRIS, PHILLIPS,
PRESSMANN, RAYMOND, REBER, RITTER, ROBINSON, SCHEETZ,
SERAFINI, D. W. SNYDER, TANGRETTI, E. Z. TAYLOR, VEON, WOGAN
AND WOZNIAK, APRIL 10, 1989
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 10, 1989
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 Chapter 1 Preliminary Provisions
7 Section 101. Short title.
8 Section 102. Definitions.
9 Section 103. Application of act.
10 Chapter 3 Licensing
11 Section 301. License requirement.
12 Section 302. State Board of Corrections Administrators.
13 Section 303. Powers and duties of administrative secretary.
14 Section 304. Functions and duties of board.
15 Section 305. Qualifications for admission to examination.
16 Section 306. Examinations.
17 Section 307. Licenses.
1 Section 308. Registration.
2 Section 309. Reciprocity.
3 Section 310. Penalties.
4 Section 311. Disciplinary proceedings.
5 Section 312. Temporary licenses.
6 Chapter 11 Miscellaneous Provisions
7 Section 1101. Application to existing personnel.
8 Section 1102. Effective date.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 CHAPTER 1
12 PRELIMINARY PROVISIONS
13 Section 101. Short title.
14 This act shall be known and may be cited as the Corrections
15 Administrators License Act.
16 Section 102. Definitions.
17 The following words and phrases when used in this act shall
18 have the meanings given to them in this section unless the
19 context clearly indicates otherwise:
20 "Board." The State Board of Corrections Administrators in
21 the Department of State.
22 "Correctional facility." A place for the treatment and
23 rehabilitation of criminal offenders through a program involving
24 penal custody.
25 "Corrections administrator." An individual who is charged
26 with the general administration of a correctional facility and
27 is responsible for the planning, organizing, directing, control
28 and management of a correctional facility.
29 Section 103. Application of act.
30 The provisions of this act shall apply to all correctional
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1 facilities operated by any county of the first, second, second
2 A, third, fourth, fifth or sixth class and to all private
3 correctional facilities. At the election of the county
4 commissioners of counties of the seventh and eighth class which
5 have established a prison board, the provisions of this act
6 shall also be applicable to such counties. Where the prison
7 board is administered by an elected sheriff-warden, the sheriff,
8 upon election, will be encouraged but not required to comply
9 with the provisions of this act.
10 CHAPTER 3
11 LICENSING
12 Section 301. License requirement.
13 After July 1, 1990, no person employed by a county prison
14 board or county commissioners shall act as a corrections
15 administrator or use any title, sign, card or device to indicate
16 that the person is a corrections administrator, unless such
17 person is duly licensed and registered as a corrections
18 administrator or holds a temporary license as a corrections
19 administrator.
20 Section 302. State Board of Corrections Administrators.
21 (a) Established.--The State Board of Corrections
22 Administrators is hereby established and shall consist of six
23 members.
24 (b) Composition.--The board shall consist of the
25 Commissioner of the Bureau of Professional and Occupational
26 Affairs and four members who are citizens of Pennsylvania, who
27 have been licensed prison wardens in Pennsylvania for a period
28 of at least five years previous to their appointment and who
29 are, at the time of appointment, engaged in the active
30 employment of corrections. The initial four members, while not
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1 required to be licensed at their initial appointment, shall have
2 been active prison wardens for at least five years preceding
3 their appointment and become licensed under the provisions of
4 this act.
5 (c) Vacancies.--The Governor shall, upon the expiration of
6 the term of office of any member, appoint a person with the
7 specified qualifications in subsection (b) for a term of six
8 years or until a successor is appointed and qualified. Vacancies
9 as a result of resignations, removals or disqualifications on
10 attendance criteria shall be filled in like manner. A list of at
11 least six persons with the specified qualifications may be
12 submitted to the Governor by the executive committee of the
13 Pennsylvania Prison Wardens Association. If no such persons
14 exist during the first five years after the effective date of
15 this act, the provisions of subsection (b) shall prevail in
16 appointing such replacement members to fill any vacancy in this
17 initial five-year period.
18 (d) Term limitation.--No person may serve more than two
19 terms as a member of the board.
20 (e) Quorum.--Three members of the board shall constitute a
21 quorum for the transaction of all business, except as otherwise
22 specified in this act.
23 (f) Meetings.--The board shall meet prior to December 30 of
24 each year for the purpose of organizing for the following year.
25 At the organizational meeting, the board shall elect a chairman
26 and vice chairman for the ensuing calendar year. The board shall
27 meet at least quarterly at the board offices and at such other
28 times and places as may be requested by two board members or as
29 the chairman deems necessary. The members of the board shall be
30 paid by the Commonwealth through the Bureau of Professional and
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1 Occupational Affairs for expenses incurred when actually engaged
2 in official meetings or otherwise in the performance of their
3 official duties as directed by the chairman in accordance with
4 the regulations of the Commonwealth from funds appropriated to
5 it by the General Assembly.
6 Section 303. Powers and duties of administrative secretary.
7 (a) Election.--The board by a majority vote of all members
8 shall select an administrative secretary who shall not be a
9 member of the board but who shall be a warden duly licensed in
10 Pennsylvania. Upon the approval of the Governor, the secretary
11 shall be installed and shall serve during the pleasure of the
12 board. The secretary shall receive compensation set by the Board
13 of Corrections to be paid from funds appropriated to it by the
14 General Assembly.
15 (b) Powers and duties.--The administrative secretary shall:
16 (1) Be responsible for the administration of all
17 professional and public affairs as directed by the board.
18 (2) Report to and proceed with the instructions of the
19 board.
20 (3) Carry out all policies and instructions emanating
21 from the board.
22 (4) Make, keep and be in charge of all records and
23 record books required to be kept by the board.
24 (5) Attend to the correspondence of the board and
25 perform all other duties as the board may require.
26 (6) Receive and receipt for all fees collected under the
27 provisions of this act and cause them to be deposited in the
28 General Fund of the Commonwealth.
29 Section 304. Functions and duties of board.
30 (a) General provisions.--It shall be the function, power and
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1 duty of the board to:
2 (1) Develop, impose and enforce standards which shall be
3 met by individuals in order to receive a license as a
4 corrections administrator, which standards shall be designed
5 to insure that corrections administrators will be individuals
6 who are of good character and are otherwise suitable, and
7 who, by training or experience in the field of correctional
8 administration, which may include a requirement for
9 supervised experience prior to licensure, are qualified to
10 serve as corrections administrators.
11 (2) Develop and apply appropriate techniques, including
12 examinations and investigations, for determining whether an
13 individual meets such standards.
14 (3) Issue licenses and registrations to individuals
15 determined, after application of such techniques, to have
16 such standards and revoke or suspend licenses or
17 registrations previously issued by the board in any case
18 where the individual holding any such license or registration
19 is determined to have failed to conform to the requirements
20 of such standards.
21 (4) Establish and carry out procedures designed to
22 insure that individuals licensed as corrections
23 administrators will, during any period that they serve as
24 such, comply with the requirements of such standards.
25 (5) Receive, investigate and take appropriate action
26 with respect to any charge or complaint filed with the board
27 to the effect that any individual licensed as a corrections
28 administrator has failed to comply with the requirements of
29 such standards.
30 (6) Set attendance standards for members of the board.
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1 (b) Hearings.--The board or any committee or member thereof,
2 acting in an official capacity, shall have the authority to
3 issue subpoenas, compel the attendance of witnesses, administer
4 oaths and take testimony concerning all matters within the
5 jurisdiction of the board. All hearings shall be in conformity
6 with 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and
7 procedure of Commonwealth agencies). The right of appeal from
8 decisions of the board shall be in accordance with the
9 provisions of 2 Pa.C.S. Ch. 7 Subch. A (relating to judicial
10 review of Commonwealth agency action).
11 (c) Procedures.--The board shall also have the authority to
12 make rules and regulations, not inconsistent with law, and to
13 take such other actions as may be necessary for the proper
14 performance of its duties.
15 Section 305. Qualifications for admission to examination.
16 The board shall admit to examination for licensure as a
17 corrections administrator any candidate who submits an
18 examination fee as set by regulation of the board and submits
19 evidence that he is of good moral character and suitability as
20 prescribed by the board, that he is at least 21 years of age,
21 that he is a citizen of the United States or has duly declared
22 his intention of becoming a citizen of the United States, and
23 that he has completed preliminary education which shall meet at
24 least one of the three following educational levels:
25 (1) Master's degree in corrections or related field with
26 six months successfully served in full-time capacity as
27 deputy warden, deputy superintendent or deputy corrections
28 administrator under the supervision of a licensed corrections
29 administrator.
30 (2) Baccalaureate degree in corrections or related field
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1 with nine months successfully served in full-time capacity as
2 deputy warden or deputy superintendent under the supervision
3 of a licensed corrections administrator.
4 (3) Two years college-level study in corrections or
5 related field with 18 months successfully served in full-time
6 capacity as deputy warden or deputy superintendent under the
7 supervision of a full-time licensed corrections
8 administrator.
9 A candidate who applies for examination under and pursuant to
10 this section, in lieu of the educational requirements provided
11 for, may submit evidence satisfactory to the board that he has
12 obtained one year of practical experience in corrections
13 administration for each year of required postsecondary school
14 education.
15 Section 306. Examinations.
16 The board, in conjunction with a professional examination
17 service, shall determine the subjects of examination for
18 applicants for licensure as corrections administrators and the
19 scope, content and format of such examinations, which in any
20 examination shall be the same for all candidates. Examinations
21 shall be held at least twice each year and may otherwise be held
22 as often as needed, at such times and places as the board shall
23 designate.
24 Section 307. Licenses.
25 An applicant for a license as a corrections administrator who
26 has successfully complied with the requirements of section 8 and
27 the standards provided for therein, and passed the examination
28 provided for in section 306, shall be issued a license on a form
29 provided for that purpose by the board, certifying that the
30 applicant has met the requirements of the laws, rules and
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1 regulations entitling him to serve, act, practice and otherwise
2 hold himself out as a duly licensed corrections administrator.
3 Section 308. Registration.
4 (a) General rule.--Every individual who holds a valid
5 license as a corrections administrator issued by the board under
6 section 306 shall immediately, upon issuance thereof, be deemed
7 registered with the board and be issued a certificate of
8 registration. Thereafter, such individual shall annually be
9 required to apply to the board for a new certificate of
10 registration and report any facts which may be requested by the
11 board to update the application form for renewal certification
12 on forms provided for such purpose.
13 (b) Renewal.--Upon making an application for a new
14 certificate of registration, such individual shall pay an annual
15 registration fee as set by regulation of the board and, at the
16 same time, shall submit evidence satisfactory to the board that
17 during the biennial period immediately preceding such
18 application for registration he has attended a board-approved
19 continuation education program or course of study of not less
20 than 20 hours as provided in the rules and regulations of the
21 board.
22 (c) Issuance.--Upon receipt of such application for
23 registration, the registration fee and the evidence required
24 with respect to continuing education, the board shall issue a
25 certificate of registration to such corrections administrator.
26 (d) Suspension.--The license of a corrections administrator
27 who fails to comply with the provisions of this section, and who
28 continues to act as a corrections administrator, may be
29 suspended or revoked by the board. The right of appeal from the
30 decision of the board shall be in accordance with the provisions
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1 of 2 Pa.C.S. Ch. 7 Subch. A (relating to judicial review of
2 Commonwealth agency action).
3 (e) Expiration.--A corrections administrator who has been
4 duly licensed and registered in this Commonwealth whose license
5 has not been revoked or suspended, and whose registration has
6 expired because he has temporarily abandoned the practice of
7 corrections administration, or requested inactive status or has
8 moved from this Commonwealth, or for such other reason, may
9 register within this Commonwealth upon complying with the
10 provisions of this section for registration, and also, filing
11 with the board his affidavit of such facts.
12 (f) Registry.--The board shall maintain a register of all
13 applications for licensing and registration of corrections
14 administrators, which register shall show:
15 (1) The place or residence, name and age of each
16 applicant.
17 (2) The name and address of employer or business
18 connection of each applicant.
19 (3) The date of application.
20 (4) Complete information on educational and experience
21 qualifications.
22 (5) The action taken by the board.
23 (6) The serial number of the license and of registration
24 certificates issued to the applicant.
25 (7) The date on which the board reviewed and acted upon
26 the application.
27 (8) Other pertinent information as may be deemed
28 necessary.
29 Section 309. Reciprocity.
30 The board, in its discretion, and otherwise subject to the
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1 provisions of this act and the rules and regulations of the
2 board promulgated thereunder prescribing the qualifications for
3 a corrections administrator license, may endorse a corrections
4 administrator license issued by the proper authorities of any
5 other state, upon payment of a fee set by regulation of the
6 board and upon submission of evidence satisfactory to the board
7 that such other state maintained a system and standard of
8 qualifications and examinations for a corrections administrator
9 license which were equivalent to those required in this State at
10 the time such other license was issued by such other state, and
11 that such other state gives similar recognition and endorsement
12 to corrections administrator licenses of this Commonwealth.
13 Section 310. Penalties.
14 Whoever sells or fraudulently obtains or furnishes any
15 corrections administrator license or aids or abets therein, or
16 practices as a corrections administrator under cover of any
17 license or registration illegally or fraudulently obtained or
18 unlawfully issued, or practices as a corrections administrator
19 or uses in connection with his name any designation tending to
20 imply that he is a corrections administrator unless duly
21 licensed and registered to so practice under the provisions of
22 this act, or practices as a corrections administrator during the
23 time his license or registration issued under the provisions of
24 this act is suspended or revoked, or otherwise violates any of
25 the provisions of this act commits a misdemeanor and shall, upon
26 conviction thereof, be sentenced to pay a fine of not more than
27 $200 or to imprisonment for not more than 30 days, or both.
28 Section 311. Disciplinary proceedings.
29 (a) General rule.--The license and registration of any
30 person practicing or offering to practice as a corrections
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1 administrator may be revoked or suspended, or such licensee may
2 be reprimanded, censured or otherwise disciplined in accordance
3 with the provisions of this section upon decision and after due
4 hearing in any of the following cases:
5 (1) Upon proof that such licensee is unfit or
6 incompetent by reason of negligence, use of unacceptable
7 correctional practices or disregard of accepted correctional
8 standards.
9 (2) Upon proof that such licensee has willfully or
10 repeatedly violated any of the provisions of this act or the
11 rules enacted in accordance therewith, or willfully or
12 repeatedly acted in a manner inconsistent with the health and
13 safety of the inmates.
14 (3) Upon proof that such licensee is guilty of fraud or
15 deceit in the practice of correctional administration or in
16 his admission to such practice.
17 (4) Upon proof that such licensee has been convicted in
18 a court of competent jurisdiction, either within or without
19 this Commonwealth, of a felony.
20 (b) Jurisdiction.--The members of the board shall have
21 jurisdiction to hear all charges brought under the provisions of
22 this section against persons licensed and registered as
23 corrections administrators, and upon such hearings shall
24 determine such charges upon their merits. If the board
25 determines that such person is guilty of the charges, the board
26 may revoke his or her license or registration, suspend him or
27 her from practice, or reprimand, censure or otherwise discipline
28 such licensee.
29 (c) Institution of proceedings.--The board may upon its own
30 motion, and shall promptly upon the verified complaint, in
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1 writing, of any person setting forth a complaint under this
2 section, ascertain the facts and, if warranted, hold a hearing
3 for the suspension or revocation of a license or registration
4 certificate or for the imposition of fines. Thereupon, the
5 chairman of the board shall designate three or more members
6 thereof as a hearing committee to hear the charges and to report
7 to the board thereon.
8 (d) Rights of parties.--At the hearing the licensee shall
9 have the right to appear either personally or by counsel, or
10 both, to produce witnesses and evidence on his own behalf, to
11 cross-examine witnesses and to have subpoenas issued in his
12 behalf by the hearing committee. The hearing committee shall
13 make a written report to the board of the findings and
14 recommendations which shall be considered by the board in
15 arriving at its determination.
16 (e) Procedures.--Members of the hearing committee shall
17 exercise any of the requirements set forth in section 4 as may
18 be necessary for the proper conduct of the hearing.
19 Section 312. Temporary licenses.
20 The board may issue a temporary license for a period of six
21 months to any person who pays a fee set by regulation of the
22 board, meets the educational requirements of the board and
23 presents a written explanation from the person's employer for
24 the necessity of employing an unlicensed corrections
25 administrator.
26 CHAPTER 11
27 MISCELLANEOUS PROVISIONS
28 Section 1101. Application to existing personnel.
29 All existing prison wardens or prison superintendents, deputy
30 prison wardens or deputy prison superintendents who have been
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1 employed for at least one full calendar year as full-time
2 administrators on the effective date of this act shall be
3 entitled to receive a board license and be eligible for biennial
4 registration. All existing prison wardens, prison
5 superintendents, deputy prison wardens or deputy prison
6 superintendents who have been employed as full-time
7 administrators or deputy administrators for less than one full
8 year at the effective date of this act shall be eligible to take
9 the examination for licensure without regard to the required
10 qualifications provided for in section 305(1), (2) and (3)
11 during the first year after the establishment of the
12 examination.
13 Section 1102. Effective date.
14 This act shall take effect in 60 days.
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