PRINTER'S NO. 674 PRINTER'S NO. 932
No. 612 Session of 1989
INTRODUCED BY RICHARDSON, HAGARTY, LINTON, DeWEESE, ACOSTA, BISHOP, CARN, EVANS, HARPER, HUGHES, JAMES, OLIVER, PRESTON, ROBINSON, ROEBUCK, THOMAS, WILLIAMS, R. C. WRIGHT, KOSINSKI, KUKOVICH, CAWLEY, TIGUE, BILLOW, DALEY, HECKLER, HAYDEN, BORTNER, REBER, McVERRY AND MILLER, FEBRUARY 15, 1989
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, MARCH 14, 1989
AN ACT 1 Providing for official visitation of prisons. 2 The General Assembly of the Commonwealth of Pennsylvania 3 hereby enacts as follows: 4 Section 1. Short title. 5 This act shall be known and may be cited as the Official 6 Visitation of Prisons Act. 7 Section 2. Definitions. 8 The following words and phrases when used in this act shall 9 have the meanings given to them in this section unless the 10 context clearly indicates otherwise: 11 "Official visitor." The Governor, Lieutenant Governor, 12 members of the Senate and House of Representatives, justices and 13 judges of the courts of record, the General Counsel, the 14 Attorney General and his deputies, and authorized members of the 15 Pennsylvania Prison Society who have been designated as official
1 visitors, whose names shall be given to the correctional 2 official in charge of the appropriate facility, in writing, 3 together with the terms of their appointment under its corporate 4 seal. 5 Section 3. Visitation. 6 (a) Day and time.--Any official visitor is hereby authorized 7 to enter and visit any local or State correctional facility on 8 any day, including Sundays, between the hours of 9 a.m. and 5 9 p.m., but shall not be authorized to enter and visit at any 10 other time except with the special permission of the 11 correctional official in charge of the facility. 12 (B) DENIAL OF ENTRY.--IF THE CORRECTIONAL OFFICIAL IN CHARGE <-- 13 OF A STATE CORRECTIONAL FACILITY IS OF THE OPINION THAT THE 14 VISIT WOULD BE DANGEROUS TO THE DISCIPLINE OR WELFARE OF THE 15 FACILITY OR THE SAFETY OF THE VISITOR, THE CORRECTIONAL OFFICIAL 16 IN CHARGE OF THE FACILITY MAY TEMPORARILY DENY ENTRY TO ANY 17 OFFICIAL VISITOR IF THE SECRETARY OF CORRECTIONS HAS PREVIOUSLY 18 DECLARED THAT AN EMERGENCY SITUATION EXISTS WITHIN THE FACILITY. 19 IF THIS TEMPORARY EXCLUSION EXCEEDS 72 HOURS, THE OFFICIAL 20 VISITOR MAY APPLY TO COMMONWEALTH COURT FOR A RULING UPON THE 21 SECRETARY OF CORRECTIONS TO SHOW CAUSE WHY THE OFFICIAL VISITOR 22 SHOULD NOT BE PERMITTED ENTRY INTO THE CORRECTIONAL FACILITY. 23 (C) TEMPORARY DENIAL OF VISITATION FOR LOCAL FACILITIES.--IF 24 THE CORRECTIONAL OFFICIAL IN CHARGE OF A LOCAL CORRECTIONAL 25 FACILITY HAS PREVIOUSLY DETERMINED THAT AN EMERGENCY EXISTS AT 26 THE FACILITY, THE CORRECTIONAL OFFICIAL MAY, WITH THE APPROVAL 27 OF THE PRESIDENT JUDGE OF THE COURT OF COMMON PLEAS FOR THE 28 DISTRICT WHERE THE FACILITY IS LOCATED, TEMPORARILY DENY ENTRY 29 TO AN OFFICIAL VISITOR. IF THIS TEMPORARY EXCLUSION EXCEEDS 72 30 HOURS, THE OFFICIAL VISITOR MAY APPLY TO COMMONWEALTH COURT FOR 19890H0612B0932 - 2 -
1 A RULING UPON THE PRESIDENT JUDGE TO SHOW CAUSE WHY THE OFFICIAL 2 VISITOR SHOULD NOT BE PERMITTED ENTRY INTO THE CORRECTIONAL 3 FACILITY. 4 (b) (D) Interviews with inmates.--Official visitors shall <-- 5 have the right to interview privately any prisoner or inmate 6 confined in any State or local correctional facility, and for 7 that purpose to enter the cell, room or apartment wherein any 8 prisoner or inmate is confined. However, if the correctional 9 officer in charge of the facility at the time of the visit is of 10 the opinion that the entry into the cell would be dangerous to 11 the safety of the visitor, then the correctional officer in 12 charge may conduct any inmate, with whom the official visitor 13 may desire a private interview, into another cell or room as he 14 may designate and there permit the private interview between the 15 official visitor and the inmate to take place. 16 (c) (E) Official visitors not exempt from prosecution for <-- 17 certain offenses.--An official visitor shall not be exempt from 18 prosecution for a violation of 18 Pa.C.S. § 5121 (relating to 19 escape), 5122 (relating to weapons or implements for escape) or 20 5123 (relating to contraband). 21 (d) (F) Revocation of visitor rights.--If an official <-- 22 visitor violates any provision of this section, any correctional 23 official in charge of a local or State correctional facility may 24 apply to the court of common pleas in the county wherein the 25 institution is located for a ruling upon the visitor to show 26 cause why he or she should not be deprived of his or her 27 official visitation status, and, upon proof to the satisfaction 28 of the court, it shall enter a decree against the official 29 visitor depriving him or her of all rights, privileges and 30 functions of official visitors. 19890H0612B0932 - 3 -
1 Section 4. Employees of official visitor.
2 Employees ONE EMPLOYEE of an official visitor may accompany <--
3 the official visitor when visiting any State or local
4 correctional facility and may be present during an interview
5 conducted by the official visitor.
6 Section 5. Powers and duties of Attorney General.
7 Nothing contained in this act shall be construed in anywise
8 to diminish the power and authority, as otherwise provided by
9 law, of the Attorney General.
10 Section 6. Repeals.
11 The following acts and parts of acts are repealed:
12 Act of April 17, 1867 (P.L.87, No.68), entitled "An act to
13 authorize the Governor to appoint a person to visit prisons and
14 almshouses."
15 Act of March 20, 1903 (P.L.45, No.48), entitled "An act to
16 make active or visiting committees, of societies incorporated
17 for the purpose of visiting and instructing prisoners, official
18 visitors of penal and reformatory institutions."
19 Act of May 14, 1909 (P.L.838, No.656), entitled "An act to
20 define the rights and functions of official visitors of jails,
21 penitentiaries, and other penal or reformatory institutions, and
22 providing for their removal."
23 Section 7. Effective date.
24 This act shall take effect immediately.
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