PRINTER'S NO. 228
No. 246 Session of 1995
INTRODUCED BY ZUG, WAUGH, KREBS, EGOLF, NAILOR, NICKOL,
ARMSTRONG, FARGO, McGEEHAN, KING, STERN, MILLER, FICHTER,
BARLEY, L. I. COHEN, BUNT, GEIST, DRUCE, TULLI, CONTI, CLARK,
GODSHALL, HERSHEY AND ROBINSON, JANUARY 24, 1995
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 24, 1995
AN ACT
1 Regulating private correctional facilities; providing for
2 contracts with, licensing of and employee status for private
3 correctional facilities; and imposing powers and duties on
4 the Department of Corrections.
5 TABLE OF CONTENTS
6 Chapter 1. Preliminary Provisions
7 Section 101. Short title.
8 Section 102. Declaration of policy.
9 Section 103. Definitions.
10 Chapter 3. Private Correctional Facilities and Security
11 Services
12 Section 301. Facilities and services.
13 Section 302. Licensure.
14 Section 303. Contracts.
15 Section 304. Duties of contract monitor.
16 Section 305. Maximum capacity of facility.
17 Section 306. Police power.
18 Section 307. Labor disputes.
1 Section 308. Emergencies.
2 Section 309. Inspections.
3 Section 310. Regulations.
4 Section 311. Violations of contract.
5 Chapter 5. Enforcement
6 Section 501. License revocation.
7 Section 502. Criminal penalty.
8 Chapter 11. Miscellaneous Provisions
9 Section 1101. Annual reports.
10 Section 1102. Other statutes.
11 Section 1103. Effective date.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 CHAPTER 1
15 PRELIMINARY PROVISIONS
16 Section 101. Short title.
17 This act shall be known and may be cited as the Private
18 Correctional Facilities Act.
19 Section 102. Declaration of policy.
20 The General Assembly finds and declares as follows:
21 (1) The incarceration of prisoners is primarily a
22 government function.
23 (2) The private sector, which has demonstrated an
24 ability to provide government services in an efficient and
25 innovative manner, may serve a valuable role in helping the
26 government operate its corrections system.
27 (3) The private sector can best serve the corrections
28 system of the Commonwealth by operating minimum security
29 private correctional facilities for the incarceration of low-
30 risk offenders sentenced to a term of imprisonment in a
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1 county prison.
2 Section 103. Definitions.
3 The following words and phrases when used in this act shall
4 have the meanings given to them in this section unless the
5 context clearly indicates otherwise:
6 "Contract monitor." An employee of the county who shall be
7 assigned to the private correctional facility or facility where
8 private security services are provided.
9 "Department." The Department of Corrections of the
10 Commonwealth.
11 "Private contractor." A person who owns or operates a
12 private correctional facility.
13 "Private contractor for security services." A private
14 contractor who provides security services to a correctional
15 facility owned by a county.
16 "Private correctional facility." An adult correctional
17 facility for the incarceration of low-risk offenders, owned or
18 operated by a private contractor.
19 "Security services." The provision of corrections officers.
20 CHAPTER 3
21 PRIVATE CORRECTIONAL FACILITIES AND
22 SECURITY SERVICES
23 Section 301. Facilities and services.
24 (a) Contracts by the counties.--A county may enter into
25 contracts with private contractors in accordance with this act.
26 (b) Out-of-State contracts.--No private correctional
27 facility licensed under this act may incarcerate inmates from
28 states other than this Commonwealth.
29 Section 302. Licensure.
30 (a) Requirement.--Private contractors operating within this
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1 Commonwealth must hold a valid license issued by the department.
2 (b) Licensure criteria.--The department shall have the
3 authority to establish criteria for licensure under this
4 section.
5 (c) Term and content.--Licenses issued by the department
6 shall be on a form prescribed by the department, shall not be
7 transferable, shall be issued only for the private correctional
8 facilities or contracted-for private security services named in
9 the application and shall specify the maximum number of
10 individuals who may be housed in the facility at one time. The
11 license shall be posted in a conspicuous place on the licensee's
12 premises.
13 (d) Fees.--Licenses and inspection fees shall be established
14 by the department.
15 Section 303. Contracts.
16 (a) Provisions enumerated.--Contracts executed under this
17 act shall include the following terms:
18 (1) The posting of an adequate performance bond by the
19 private contractor.
20 (2) Proof of adequate insurance.
21 (3) A requirement that the private contractor comply
22 with regulations of the department and with this act.
23 (4) A requirement of contract approval by the county
24 solicitor.
25 (5) A plan developed by the private contractor detailing
26 all aspects of operations in the private correctional
27 facility or in the provision of security services.
28 (6) A requirement of annual contract review by the
29 county solicitor.
30 (7) Proof that the private contractor holds a license
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1 issued by the department.
2 (8) A requirement of access by the county to all records
3 of the private contractor.
4 (9) A requirement that the county provide a contract
5 monitor at the private correctional facility or facility
6 where private security services are provided.
7 (b) Approval by county solicitor.--Contracts must be
8 approved by the county solicitor. Contract approval shall be
9 conditioned upon all of the following:
10 (1) The private contractor's assumption of liability
11 caused by or arising out of all aspects of the ownership or
12 operation of the private correctional facility or the
13 provision of security services, including, but not limited
14 to, escape or other emergency situations, legal fees and
15 damage awards, involving the private contractor and the
16 county.
17 (2) Liability insurance covering the private contractor
18 and its officers, employees and agents in an amount
19 sufficient to cover liability arising out of the ownership or
20 operation of a private correctional facility or the provision
21 of security services. A copy of the proposed insurance policy
22 for the first year shall be submitted for approval with the
23 contract.
24 (c) Disapproval by county solicitor.--Disapproval of a
25 contract may be based on any reasonable grounds, including, but
26 not limited to, the following:
27 (1) Inadequacy or inappropriateness of the proposed plan
28 of operation.
29 (2) Failure to meet department regulations.
30 (3) Unsuitability of the proposed private contractor or
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1 its employees.
2 (4) Absence of required or desired contract provisions.
3 (5) Unavailability of adequate funds.
4 (6) Lack of proof of appropriate insurance.
5 (7) Absence of licensure by the department.
6 (d) Termination.--Contracts executed under this act shall
7 provide for termination for cause by the Commonwealth or a
8 county upon 90 days' notice to the private contractor.
9 Termination shall be allowed for reasons which include, but are
10 not limited to, the following:
11 (1) Failure to be licensed or to comply with regulations
12 of the department.
13 (2) Failure to meet other contract provisions.
14 (3) Failure to meet the provisions of this act.
15 Section 304. Duties of contract monitor.
16 The contract monitor shall have the duty to:
17 (1) Monitor compliance of the private contractor with
18 terms of the contract.
19 (2) Supervise the administration of misconducts,
20 discipline and earned time within the correctional facility.
21 (3) Coordinate prerelease and parole release functions.
22 Section 305. Maximum capacity of facility.
23 A private correctional facility may not exceed a capacity of
24 250 inmates.
25 Section 306. Police power.
26 Security personnel employed by private contractors shall be
27 deemed peace officers under section 2.1 of the act of May 16,
28 1921 (P.L.579, No.262), referred to as the County Prison Board
29 Law.
30 Section 307. Labor disputes.
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1 (a) Notice.--
2 (1) A private contractor shall notify the county and the
3 department 60 days prior to the termination of a labor
4 contract.
5 (2) A private contractor shall notify the county and the
6 department immediately upon learning of a potential or
7 impending strike.
8 (b) Assistance.--In the event of a strike, the department
9 shall assist a county to assume operation of the private
10 correctional facility and shall use Commonwealth emergency
11 resources necessary to operate the facility until the strike has
12 ended. Costs incurred by the Commonwealth, the department or a
13 county shall be reimbursed by the private contractor.
14 Section 308. Emergencies.
15 (a) Notification of police.--Upon the occurrence of an
16 escape of an inmate or upon a violent disturbance within a
17 private correctional facility or a facility using private
18 security services, the facility shall immediately notify the
19 local police within the county and the Pennsylvania State
20 Police.
21 (b) Authority of the department.--Upon the occurrence of an
22 emergency in a private correctional facility or a facility using
23 private security services, the department shall have the
24 authority to enter and control the facility until the emergency
25 ends.
26 (c) Costs.--Costs incurred by the Commonwealth, the
27 department or a county shall be reimbursed by the private
28 contractor.
29 Section 309. Inspections.
30 (a) Duty to inspect.--The department shall annually inspect
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1 private correctional facilities and facilities using private
2 security services to insure compliance with its regulations. The
3 department shall submit a written report on the findings of its
4 inspection to the private contractor within 60 days of the
5 inspection. The private contractor shall be given a reasonable
6 period of time within which to correct deficiencies or to come
7 into compliance with the applicable regulations. If the private
8 contractor does not come into compliance with the applicable
9 regulations, the department may revoke its license after a
10 hearing under 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and
11 procedure of Commonwealth agencies) and Ch. 7 Subch. A (relating
12 to judicial review of Commonwealth agency action).
13 (b) Authority to enter.--Personnel of the department or
14 other administrative agencies authorized by the Commissioner of
15 Corrections to inspect correctional facilities may enter a
16 private correctional facility unannounced at any time to
17 investigate any facet of the operation of a private correctional
18 facility.
19 Section 310. Regulations.
20 (a) Contents.--The department shall, within six months of
21 the effective date of this section, promulgate regulations for
22 the provision and operation of private correctional facilities
23 and for the provision of private security services. The
24 regulations shall include, but not be limited to:
25 (1) Security requirements including staffing levels and
26 emergency plans.
27 (2) Minimum standards for the care of inmates,
28 procedures for misconduct adjudication and disposition,
29 visitation policies, the provision of medical and mental
30 health services, treatment and education programs.
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1 (3) A program of training and certification for
2 corrections officers employed by private contractors. Cost of
3 training shall be paid by the private contractor.
4 (b) Training.--A program of training and certification for
5 corrections officers employed by private contractors. Cost of
6 training shall be paid by the private contractor.
7 Section 311. Violations of contract.
8 (a) Notice.--If the department learns of a violation of a
9 contract by a private contractor, it shall immediately give
10 written notice to the Commonwealth or county, the private
11 contractor and the Attorney General. Violation of the contract
12 shall be grounds for termination of the contract under section
13 303(d).
14 (b) Compliance.--Notice to the private contractor shall
15 require action to bring the facility into compliance with the
16 relevant contractual provision in the time period determined by
17 the department.
18 CHAPTER 5
19 ENFORCEMENT
20 Section 501. License revocation.
21 (a) Practice and procedure.--The department shall, by
22 regulation, establish 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).
26 (b) Grounds.--Grounds for revocation include, but are not
27 limited to:
28 (1) Violation of this act or regulations of the
29 department.
30 (2) Fraud or misrepresentation.
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1 (3) Failure to maintain adequate insurance.
2 (4) Gross incompetence or negligence.
3 (5) Moral turpitude.
4 (6) Violation of other laws of the Commonwealth.
5 (7) Violation of the civil rights of an individual
6 inmate.
7 (8) Failure to comply with official inspection reports
8 of the department under section 1101(a).
9 Section 502. Criminal penalty.
10 A private contractor who operates a private correctional
11 facility or provides private security services in this
12 Commonwealth without a license under section 302 commits a
13 misdemeanor of the first degree and shall, upon conviction, be
14 sentenced to pay a fine of $10,000 and costs of prosecution or,
15 if the private contractor fails to pay the fine, to imprisonment
16 for not more than one year. Each day of operation of a private
17 correctional facility or of provision of private security
18 services without a license shall constitute a separate offense.
19 If the private contractor is a partnership, the partners are
20 liable under this section. If the private contractor is a
21 corporation or unincorporated association, the chief executive
22 officer is liable under this section.
23 CHAPTER 11
24 MISCELLANEOUS PROVISIONS
25 Section 1101. Annual reports.
26 (a) Facilities and contractors.--A private contractor shall
27 submit an annual report to the Commonwealth or county with which
28 it has a contract.
29 (b) Department.--The department shall submit to the General
30 Assembly an annual report on the status of private contractors
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1 in this Commonwealth, including problems related to private
2 contractors.
3 Section 1102. Other statutes.
4 Private correctional facilities are deemed to be correctional
5 institutions for purposes of 18 Pa.C.S. (relating to crimes and
6 offenses) and 42 Pa.C.S. (relating to judiciary and judicial
7 procedure) and are deemed to be prisons for purposes of the act
8 of July 11, 1923 (P.L.1044, No.425), referred to as the Prisoner
9 Transfer Law. Other statutes relating to penitentiaries,
10 prisons, workhouses, houses of corrections and institutions for
11 prisoners apply to private correctional facilities to the extent
12 necessary to carry out the intent and provisions of this act.
13 Section 1103. Effective date.
14 This act shall take effect as follows:
15 (1) Section 310 shall take effect immediately.
16 (2) The remainder of this act shall take effect in one
17 year.
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