PRINTER'S NO. 2138
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1632
Session of
2019
INTRODUCED BY T. DAVIS, KENYATTA, ULLMAN, CEPHAS, SCHLOSSBERG,
SOLOMON, McCLINTON, KINSEY, HILL-EVANS, YOUNGBLOOD,
SHUSTERMAN, CALTAGIRONE, DEASY, HOWARD, MADDEN, MARKOSEK,
A. DAVIS, GALLOWAY, SCHWEYER, FRANKEL, FITZGERALD, ISAACSON,
WEBSTER, HOHENSTEIN, ROZZI, McNEILL, HANBIDGE, OTTEN,
FIEDLER, ROEBUCK AND MURT, JUNE 14, 2019
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 14, 2019
AN ACT
Amending Title 61 (Prisons and Parole) of the Pennsylvania
Consolidated Statutes, in general administration, further
providing for State recording system for application of
restraints to pregnant prisoners or detainees; and, in
miscellaneous provisions relating to inmate confinement,
providing for restrictive housing prohibited for pregnant or
postpartum inmates and detainees.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1104 of Title 61 of the Pennsylvania
Consolidated Statutes is amended to read:
ยง 1104. State recording system for application of restraints
and restrictive housing to pregnant [prisoners] and
postpartum inmates or detainees.
(a) General rule.--A correctional institution [as defined by
section 5905(e) (relating to healthy birth for incarcerated
women)] shall report each restraint applied to a pregnant
[prisoner] or postpartum inmate or detainee[.], as well as any
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instance where a pregnant or postpartum inmate or detainee is
placed in restrictive housing. The report must be in writing and
must note the number of restraints[.] or, in the case of
restrictive housing, the length of time the inmate or detainee
was placed in restrictive housing. Individual, separate written
findings for each restraint and placement of an inmate or
detainee in restrictive housing must accompany the report. This
shall include reports from the following:
(1) A correctional institution that is not operated,
supervised or licensed by the Department of Public Welfare
pursuant to the act of June 13, 1967 (P.L.31, No.21), known
as the Public Welfare Code, shall make the report to the
secretary.
(2) A correctional institution that is operated,
supervised or licensed by the Department of Public Welfare
pursuant to the Public Welfare Code shall make the report to
the Secretary of Public Welfare.
(b) Contents of written findings.--Written findings of each
restraint or placement of an inmate or detainee in restrictive
housing as required under subsection (a) must include the
following:
(1) the circumstances that led to the determination that
the [prisoner] inmate or detainee represented a substantial
risk of imminent flight; [or]
(2) the circumstances that led to the determination that
other extraordinary medical or security circumstances
dictated the [prisoner] inmate or detainee be restrained to
ensure the safety and security of the [prisoner] inmate or
detainee, the staff of the correctional institution or
medical facility, other [prisoners] inmates or detainees or
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the public[.];
(3) the length of time the inmate or detainee was kept
in each restraint or restricted housing; and
(4) any physical or mental effects on the inmate,
detainee or fetus resulting from placement in the restraints
or restrictive housing.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Correctional institution." As defined in section 5905(e)
(relating to healthy birth for incarcerated women).
"Postpartum." As defined in section 5905(e).
Section 2. Title 61 is amended by adding a section to read:
ยง 5905.1. Restrictive housing prohibited for pregnant or
postpartum inmates and detainees.
(a) Restrictive housing prohibited.--A pregnant or
postpartum inmate or detainee may not be involuntarily placed in
restrictive housing, including into involuntary medical
isolation or an infirmary, in any correctional institution in
this Commonwealth. Pregnant or postpartum inmates and detainees
who violate the rules and regulations of a correctional
institution shall be issued an informal resolution of
misconduct.
(b) Alternative discipline.--Forms of discipline for
pregnant and postpartum inmates and detainees shall be limited,
to the greatest extent possible, as follows:
(1) The inmate or detainee may be sanctioned by
restricting telephone use, visiting privileges and commissary
privileges, but not by restricting time the inmate or
detainee spends out of the inmate's cell.
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(2) If telephone usage is limited under paragraph (1),
the restriction must be reviewed every seven days. An
exception for the limited purpose of the inmate planning for
the delivery, care and custody of the child and legal calls
related to the inmate or detainee or the child's care and
custody must be provided to the inmate or detainee.
(c) Hearing.--An informal hearing, with a meaningful
opportunity for the inmate or detainee to be heard, shall be
conducted within 24 hours of any violation of the correctional
institution's rules or regulations under subsection (a) if the
privileges of a pregnant or postpartum inmate or detainee are
restricted.
(d) Conduct of hearing.--No individual involved in the
incident that is the subject of the hearing may conduct the
hearing. Nothing in this subsection shall waive any right of the
inmate or detainee to a formal hearing.
(e) Exceptions.--A pregnant or postpartum inmate or detainee
may be placed in restrictive housing only as a temporary
response to behavior that poses a serious and immediate risk of
physical harm to the inmate, detainee, another inmate or the
fetus of the pregnant inmate or detainee. The following shall
apply:
(1) The decision to place a pregnant or postpartum
inmate or detainee in restrictive housing under this
subsection must be approved by the warden or individual in
charge of the correctional institution and a licensed medical
professional.
(2) The rationale for the decision under this subsection
must be documented as required by section 1104 (relating to
State recording system for application of restraints and
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restrictive housing to pregnant and postpartum inmates or
detainees).
(3) No period of restrictive housing in excess of seven
days may be approved unless a documented assessment of the
inmate or detainee by a licensed medical professional finds
good cause for extending the time spent in restricted housing
and is approved by the warden or individual in charge of the
facility. A copy of the assessment under this paragraph shall
be placed in the inmate's or detainee's medical file and
disciplinary file within 24 hours of the placement of an
inmate or detainee in restrictive housing under this
subsection.
(f) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicated otherwise:
"Correctional institution." As defined in section 5905(e)
(relating to healthy birth for incarcerated women).
"Licensed medical professional." The term includes a
physician, registered nurse or midwife.
"Postpartum." As defined in section 5905(e).
Section 3. This act shall take effect in 60 days.
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