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                                                       PRINTER'S NO. 277

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 240 Session of 2007


        INTRODUCED BY KASUNIC, STOUT, BOSCOLA, FONTANA, MUSTO, KITCHEN
           AND LAVALLE, MARCH 8, 2007

        REFERRED TO JUDICIARY, MARCH 8, 2007

                                     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.




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