PRINTER'S NO. 288
No. 281 Session of 2005
INTRODUCED BY KASUNIC, COSTA, STOUT, BOSCOLA, LAVALLE, KITCHEN AND LOGAN, FEBRUARY 15, 2005
REFERRED TO JUDICIARY, FEBRUARY 15, 2005
AN ACT 1 Requiring testing of State correctional facility personnel for 2 controlled substances; providing for a review of certain 3 hiring policies; and requiring reports. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Definitions. 7 The following words and phrases when used in this act shall 8 have the meanings given to them in this section unless the 9 context clearly indicates otherwise: 10 "Commissioner." The Commissioner of Corrections of the 11 Commonwealth. 12 "Department." The Department of Corrections of the 13 Commonwealth. 14 Section 2. Random drug testing. 15 The department shall randomly test State correctional 16 facility personnel to detect the presence of controlled 17 substances or designer drugs as defined under the act of April 18 14, 1972 (P.L.233, No.64), known as The Controlled Substance,
1 Drug, Device and Cosmetic Act. Ten percent of the personnel at 2 each State correctional facility shall be tested on a bimonthly 3 basis. The department shall promulgate regulations to administer 4 this section. 5 Section 3. Hiring policy. 6 The department shall review State correctional facility 7 hiring policies with respect to correctional facility guards and 8 submit a written report containing findings and recommendations 9 for improvement. The report shall be submitted to the Judiciary 10 Committee of the Senate and the Judiciary Committee of the House 11 of Representatives no later than 90 days following the effective 12 date of this act. 13 Section 4. Report of commissioner. 14 The commissioner shall appear before the Judiciary Committee 15 of the Senate and the Judiciary Committee of the House of 16 Representatives annually during the four years following the 17 effective date of this act. The commissioner shall report on the 18 current status, nature and extent of problems related to 19 controlled substances and other drugs in State correctional 20 facilities, including the unauthorized use, possession or 21 distribution of controlled substances and designer drugs by 22 correctional facility personnel, and make recommendations that 23 address these problems. 24 Section 5. Effective date. 25 This act shall take effect in 60 days. A11L61SFL/20050S0281B0288 - 2 -