PRIOR PRINTER'S NO. 563 PRINTER'S NO. 1760
No. 536 Session of 1981
INTRODUCED BY HAGARTY, RYAN, WHITE, LASHINGER, GLADECK, PICCOLA,
PISTELLA, McVERRY, ITKIN, MICHLOVIC AND LEVIN,
FEBRUARY 10, 1981
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 8, 1981
AN ACT
1 Providing for official visitations of jails and prisons by
2 certain persons and making repeals.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Definitions.
6 The following words and phrases when used in this act shall
7 have, unless the context clearly indicates otherwise, the
8 meanings given to them in this section:
9 "Official visitor." The Governor, members of the Senate and
10 House of Representatives, the Secretary of the Commonwealth, <--
11 justices and judges of courts of record, THE GENERAL COUNSEL, <--
12 the Attorney General and his deputies and members of the
13 Pennsylvania Prison Society. Members of the Pennsylvania Prison
14 Society shall be designated in writing together with the terms
15 of their appointment under its corporate seal.
16 Section 2. Visitation.
1 (a) Any official visitor is hereby authorized and empowered
2 to enter and visit any local or State correctional facility on
3 any and every day including Sundays between the hours of 9:00
4 a.m. and 5:00 9:00 p.m. but shall not be authorized and <--
5 empowered to enter and visit at any other time except with the
6 special permission of the correctional official in charge of the
7 facility.
8 (b) Such official visitors shall have the right to interview
9 privately any prisoner or inmate confined in any State or local
10 correctional facility, and for that purpose to enter the cell,
11 room or apartment wherein any such person or inmate shall be
12 confined. However, if the superintendent or person in charge of
13 such facility at the time of such visit shall be of the opinion
14 that the entry into the cell would be dangerous to the
15 discipline of the facility, then the superintendent or person in
16 charge may conduct any inmate, with whom such official visitor
17 may desire a private interview, into such other cell or room as
18 he may designate and there permit the private interview between
19 the official visitor and such inmate to take place.
20 (c) An official visitor shall be subject to the provisions
21 of 18 Pa.C.S. §§ 5121 (relating to escape), 5122 (relating to
22 weapons or implements for escape) and 5123 (relating to
23 contraband).
24 (d) If an official visitor violates any of the provisions of
25 this section, any superintendent, warden or official in charge
26 of a local or State correctional facility, may apply to any
27 court of common pleas in the county wherein such institution may
28 be situated for a ruling upon such visitor to show cause why he
29 or she should not be deprived of his or her official visiting
30 status, and upon proof to the satisfaction of such court, such
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1 court shall enter a decree against such official visitor
2 depriving him or her of all rights, privileges and functions of
3 official visitor.
4 Section 3. Employees of official visitor.
5 Employees of an official visitor may accompany the official
6 visitor when visiting any prison, jail, State or regional
7 correctional institution and may be present during an interview
8 conducted by the official visitor.
9 SECTION 4. POWERS AND DUTIES OF THE ATTORNEY GENERAL. <--
10 NOTHING CONTAINED IN THIS ACT SHALL BE CONSTRUED IN ANYWISE
11 TO DIMINISH THE POWER AND AUTHORITY, AS OTHERWISE PROVIDED BY
12 LAW, OF THE ATTORNEY GENERAL.
13 Section 4 5. Repeals. <--
14 Act of April 17, 1867 (P.L.87, No.68), entitled "An act to
15 authorize the Governor to appoint a person to visit prisons and
16 alms-houses."
17 Act of March 20, 1903 (P.L.45, No.48), entitled "An act to
18 make active or visiting committees, of societies incorporated
19 for the purpose of visiting and instructing prisoners, official
20 visitors of penal and reformatory institutions."
21 Act of May 14, 1909 (P.L.838, No.656), entitled "An act to
22 define the rights and functions of official visitors of jails,
23 penitentiaries, and other penal or reformatory institutions, and
24 providing for their removal."
25 Section 5 6. Effective date. <--
26 This act shall take effect immediately.
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