PRINTER'S NO. 2052
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1593
Session of
2019
INTRODUCED BY JOHNSON-HARRELL, CEPHAS, SCHLOSSBERG, HILL-EVANS,
HARRIS, KIRKLAND, MADDEN, SHUSTERMAN, KOSIEROWSKI, KINSEY,
McCLINTON, HOWARD, FITZGERALD, SOLOMON, HOHENSTEIN, DAWKINS,
FRANKEL, DALEY, D. MILLER, SCHWEYER, DELLOSO, MURT, BURGOS,
BULLOCK, GALLOWAY, LEE, WHEATLEY, T. DAVIS, HANBIDGE,
CALTAGIRONE, ROEBUCK, OTTEN, FIEDLER AND ULLMAN, JUNE 7, 2019
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 7, 2019
AN ACT
Amending Title 61 (Prisons and Parole) of the Pennsylvania
Consolidated Statutes, in miscellaneous provisions relating
to inmate confinement, providing for cavity search and
inspection restrictions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 61 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 5908. Cavity search and inspection restrictions.
(a) Cavity search and inspection restrictions.--To the
greatest extent possible:
(1) No correctional institution staff other than a
licensed health care professional shall conduct invasive body
cavity searches of pregnant incarcerated individuals or
detainees.
(2) A correctional institution shall limit inspections
by male correctional staff where incarcerated individuals or
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detainees who identify as female are in a state of undress.
(b) Documentation requirement.--
(1) If correctional institution staff is required to
perform an invasive cavity search on a pregnant incarcerated
individual or detainee, or male correctional staff is
required to conduct an inspection on an incarcerated
individual or detainee who identifies as female when they are
in a state of undress, a written report shall be submitted to
the correctional institution within 72 hours following the
cavity search or inspection.
(2) The report under paragraph (1) shall:
(i) include the justification for performing the
cavity search or male staff inspection; and
(ii) note if any contraband was found on the
incarcerated individual or detainee.
(c) Construction.--Nothing in this section shall be
construed to limit the ability of correctional institution staff
to perform cavity searches or inspections on pregnant
incarcerated individuals, detainees or individuals that identify
as female.
Section 2. This act shall take effect in 60 days.
20190HB1593PN2052 - 2 -
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