See other bills
under the
same topic
PRINTER'S NO. 2105
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1859
Session of
2021
INTRODUCED BY CRUZ, SANCHEZ, HANBIDGE, FREEMAN, SCHLOSSBERG,
HOHENSTEIN, GILLEN, McNEILL, N. NELSON, INNAMORATO AND
MADDEN, SEPTEMBER 14, 2021
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 14, 2021
AN ACT
Amending Title 61 (Prisons and Parole) of the Pennsylvania
Consolidated Statutes, in miscellaneous provisions, providing
for invasive searches of pregnant and postpartum inmates.
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. Invasive searches of pregnant and postpartum inmates.
(a) Invasive searches or inspections.--Except as provided
under subsection (b), an invasive search or inspection of a
pregnant or postpartum prisoner or detainee shall only be
performed by a licensed health care professional.
(b) Exception.--A corrections officer who is not a licensed
health care professional may perform an invasive search or
inspection of a pregnant or postpartum prisoner or detainee if
all of the following apply:
(1) The corrections officer has a reasonable belief that
the pregnant or postpartum prisoner or detainee is concealing
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
contraband that presents an immediate threat of harm to the
individual, an unborn child, another prisoner or detainee or
correctional institution staff.
(2) The corrections officer submits a written report to
the correctional institution within 72 hours after the
invasive search or inspection was performed. The report shall
include all of the following information:
(i) The date and time when the invasive search or
inspection was performed.
(ii) The name of the prisoner or detainee on which
the invasive search or inspection was performed.
(iii) The name of the corrections officer that
performed the invasive search or inspection.
(iv) The corrections officer's justification for the
individualized determination to conduct the invasive
search or inspection, including the underlying facts that
led to the determination that the prisoner or detainee
was concealing under paragraph (1).
(v) Whether any contraband was found on the prisoner
or detainee.
(c) Duties of chief administrators.--The chief administrator
of a correctional institution shall have the following duties:
(1) Submit a summary containing each report required
under subsection (b)(2) to the secretary within 30 days of
the end of the previous month.
(2) Review and assess the appropriateness of the use of
invasive searches and inspections on pregnant and postpartum
prisoners and detainees.
(3) Maintain the reports required under subsection (b)
(2) for a minimum of five years.
20210HB1859PN2105 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(d) 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:
"Chief administrator." The warden, superintendent or other
officer in charge of a correctional institution.
" Correctional institution." Any entity under the authority
of the State or any county or municipality that has the power to
detain and restrain a person under the laws of this
Commonwealth.
"Corrections officer." An individual employed at a
correctional institution to provide any security or custodial
service for a prisoner or detainee.
"Detainee." The term includes any person detained under the
immigration laws of the United States at a correctional
institution.
"Invasive search or inspection." A search or inspection that
uses touch, insertion or probing of the cavities and orifices of
the human body and is not conducted for a medical purpose.
" Licensed health care professional." A licensed physician,
nurse or other health care professional responsible for the
health and safety of a prisoner or detainee.
"Postpartum." A period of eight weeks, or a longer period as
determined by a licensed health care professional, after
delivery.
"Prisoner." An individual who is incarcerated or detained in
a correctional institution and is accused of, convicted of,
sentenced for or adjudicated delinquent for a violation of State
law or the terms and conditions of parole, probation, pretrial
release or a diversionary program.
Section 2. This act shall take effect in 60 days.
20210HB1859PN2105 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30