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PRINTER'S NO. 2643
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2059
Session of
2025
INTRODUCED BY KINKEAD, T. DAVIS, HILL-EVANS, HOHENSTEIN, MAYES,
SANCHEZ, CEPEDA-FREYTIZ, INGLIS AND WARREN, NOVEMBER 19, 2025
REFERRED TO COMMITTEE ON JUDICIARY, NOVEMBER 19, 2025
AN ACT
Amending Title 61 (Prisons and Parole) of the Pennsylvania
Consolidated Statutes, in preliminary provisions, further
providing for definitions; providing for segregated
confinement; and establishing the Segregated Confinement
Hearing Review Board.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "board" and "inmate" in
section 102 of Title 61 of the Pennsylvania Consolidated
Statutes are amended to read:
§ 102. Definitions.
The following words and phrases when used in this title shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Board." [The] Except as provided for in Chapter 51
(relating to segregated confinement), the Pennsylvania Parole
Board.
* * *
"Inmate." [A] Except as provided for in Chapter 51, a person
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committed to a term of imprisonment or otherwise confined under
the custody of the Commonwealth or a county in a correctional
institution in accordance with law.
* * *
Section 2. Title 61 is amended by adding a chapter to read:
CHAPTER 51
SEGREGATED CONFINEMENT
Subchapter
A. Preliminary Provisions
B. Standards and Procedures
C. Oversight and Enforcement
D. Miscellaneous Provisions
SUBCHAPTER A
PRELIMINARY PROVISIONS
Sec.
5101. Scope of chapter.
5102. Definitions.
§ 5101. Scope of chapter.
This chapter relates to standards and procedures involv ing
segregated confinement of inmates in correctional facilities.
§ 5102. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Board." The Segregated Confinement Hearing Review Board
established under section 5132(a) (relating to Segregated
Confinement Hearing Review Board).
"Chief administrator." As follows:
(1) The warden, superintendent or other officer in
charge of a correctional facility.
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(2) The term includes a designee of the warden,
superintendent or other officer in charge of a correctional
facility.
"Correctional facility." Any of the following:
(1) A correctional institution.
(2) A facility that confines a child in accordance with
42 Pa.C.S. Ch. 63 (relating to juvenile matters).
(3) An institution that detains inmates in accordance
with Chapter 71 (relating to interstate compacts) or an
intergovernmental service agreement or other contract with a
Federal, State or county agency, including United States
Immigrations and Customs Enforcement.
"Disability." A physical, mental or medical impairment
resulting from any anatomical, physiological, genetic or
neurological condition that prevents the exercise of normal
bodily functions.
"Emergency segregated confinement." The segregated
confinement of an inmate if there is reasonable cause to believe
that the confinement is necessary for reducing a substantial
risk of imminent serious harm to the inmate or other
individuals.
"Inmate." An individual confined in a correctional facility.
"Member of a vulnerable population." An inmate who meets any
of the following conditions:
(1) Is less than 21 years of age.
(2) Is 55 years of age or older.
(3) Is pregnant or in the postpartum recovery period.
(4) Has recently suffered a miscarriage or terminated a
pregnancy.
(5) Identifies as or is perceived to be lesbian, gay,
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bisexual, transgender, intersex or gender nonconforming.
(6) Is a person with a disability.
"Person with a disability." An individual who has a
disability and meets any of the following conditions:
(1) Has a mental health diagnosis.
(2) Is, or has been within the past year, on the mental
health caseload or roster or has, or had within the past
year, a mental health rating or classification.
(3) Has been housed within a mental health unit within a
correctional facility.
(4) Has, or had within the past year, an intellectual,
developmental or cognitive diagnosis.
(5) Has, or had within the past year, a physical
disability diagnosis or mobility impairment diagnosis.
(6) Has a sensory disability diagnosis.
(7) Has a traumatic brain injury or organic brain
syndrome.
(8) Is p regnant, in the postpartum recovery period,
experiencing a miscarriage or in the process of terminating a
pregnancy.
(9) Is caring for the individual's child while in a
correctional facility in accordance with State law.
"Postpartum recovery period." The 12-week period, or longer
if determined medically necessary, after giving birth to a
child.
"Representative." As follows:
(1) An individual representing the interests of an
inmate during a hearing under section 5113 (relating to
hearing).
(2) The term includes:
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(i) Legal counsel.
(ii) A law student.
(iii) A paralegal.
(iv) An other inmate.
"Segregated confinement." As follows:
(1) The confinement of an inmate in a cell or similarly
confined holding or living space within a correctional
facility, alone or with other individuals for more than 17
hours per day, for purposes other than providing medical or
mental health treatment or managing a facility-wide emergency
at the correctional facility.
(2) The term includes:
(i) A partial lockdown of a correctional facility.
(ii) Medical isolation of an inmate.
(iii) Protective custody for an inmate.
SUBCHAPTER B
STANDARDS AND PROCEDURES
Sec.
5111. Placement generally.
5112. Consent.
5113. Hearing.
5114. Review.
5115. Prohibitions.
5116. Conditions of cells.
5117. Out-of-cell time.
5118. Partial lockdown.
5119. Emergency segregated confinement.
5120. Monitoring of inmates.
5121. Use of segregated confinement pending investigation.
5122. Documentation.
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5123. Alternative disciplinary measures.
5124. Rehabilitation after release from segregated confinement.
§ 5111. Placement generally.
(a) Authorization.--
(1) The chief administrator shall determine whether an
inmate should be placed in segregated confinement.
(2) An inmate may not remain or be placed in segregated
confinement if the chief administrator determines that the
inmate no longer meets the standards for segregated
confinement under this chapter.
(b) Process.--Placement in segregated confinement shall be
in accordance with this chapter.
§ 5112. Consent.
(a) Protective custody.-- If the chief administrator
determines that an inmate should be placed in protective custody
as part of segregated confinement, in the absence of a hearing
under section 5113 (relating to hearing), the correctional
facility may place the inmate in protective custody only if the
inmate gives informed, voluntary and written consent to the
placement to the chief administrator.
(b) Member of vulnerable population.--In the absence of a
hearing under section 5113, a correctional facility may not
place in segregated confinement an inmate who is a member of a
vulnerable population unless the inmate gives informed,
voluntary and written consent to the placement to the chief
administrator.
§ 5113. Hearing.
(a) General requirements.--In the absence of consent under
section 5112 (relating to consent), an inmate may be held in
segregated confinement only if, within 72 hours of the inmate's
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placement in segregated confinement, an initial hearing on the
segregated confinement is conducted, which provides the inmate
with a timely, fair and meaningful opportunity to contest the
segregated confinement.
(b) Appearance by inmate.--In the absence of exceptional
circumstances, unavoidable delays or postponements, an inmate
shall be permitted to appear at the hearing under subsection
(a). The following apply:
(1) If the inmate refuses to attend the hearing, the
hearing shall be videotaped and made part of the hearing
record.
(2) If the inmate is excluded or removed from the
hearing because it is determined that the inmate's presence
will jeopardize the safety of the inmate or other individuals
or the security of the correctional facility, the basis for
the exclusion must be documented in the hearing record.
(c) Conduct of hearing.--For a hearing under this section:
(1) An independent hearing official shall conduct the
hearing.
(2) An inmate shall be entitled to have a representative
participate at the hearing.
(3) Along with timely notice of the hearing, the inmate
shall be provided with a written statement of the purpose of
the hearing and the segregated confinement.
(4) An inmate, or the representative of the inmate,
shall have the right during the hearing to:
(i) Provide an opening and closing statement.
(ii) Call and question witnesses.
(iii) Cross-examine witnesses.
(iv) Present evidence.
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(5) Audio recordings of the hearing shall be made and
provided to the inmate and the representative.
(6) An inmate may not be placed in segregated
confinement on the basis of confidential information that has
not been provided to the inmate or otherwise presented at the
hearing.
(d) Disciplinary hearing.--
(1) If a disciplinary hearing may result in placement in
segregated confinement for an inmate, the inmate and
representative shall be provided, as soon as possible, but
not later than 48 hours prior to the commencement of the
disciplinary hearing, notice of the hearing and all evidence
relevant to the incident and the alleged misconduct by the
inmate, including:
(i) Any official misconduct report in the possession
of the correctional facility.
(ii) P otentially exculpatory evidence.
(iii) The use of force or extraordinary occurrence
reports concerning the alleged misconduct.
(iv) Memoranda and correspondence to and from the
correctional facility regarding the alleged misconduct.
(v) Medical records related to the incident.
(vi) Related contraband receipts.
(vii) Other written materials regarding the alleged
misconduct.
(viii) Related photographs.
(ix) Audio and video recordings of or relating to
the alleged misconduct.
(2) A correctional facility may not place an inmate in
segregated confinement as a result of the disciplinary
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hearing under this subsection unless:
(i) The inmate has been found guilty, by clear and
convincing evidence, of any of the following:
(A) Causing or attempting to cause serious
physical injury or death to another individual.
(B) Compelling or attempting to compel another
individual, by force or by threat of force, to engage
in a sexual act.
(C) Leading or organizing a riot, insurrection
or other similarly serious disturbance that results
in the taking of a hostage, major property damage or
physical harm to another individual.
(D) Procuring a deadly weapon that poses a
serious threat of violence within the correctional
facility.
(E) Escaping, attempting to escape or
facilitating an escape from a correctional facility
or escaping or attempting to escape while under
supervision outside the correctional facility. The
following apply:
(I) For the purposes of this clause,
"attempting to escape" shall only be determined
to have occurred if there is a clear finding that
the inmate had the intent to cause a serious
disturbance or escape and completed significant
acts in the advancement of the attempt to create
a serious disturbance or escape.
(II) Evidence of withdrawal or abandonment
of a plan to cause a serious disturbance or
escape shall negate a finding of intent.
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(ii) The chief administrator documents in writing
that:
(A) The acts committed by the inmate were
dangerous enough to warrant the removal of the inmate
from the general population of the correctional
facility.
(B) The inmate presents a significant risk of
imminent serious physical injury to the inmate, other
inmates, staff or other individuals.
§ 5114. Review.
If an inmate remains in segregated confinement, a review
shall be conducted at least every 15 days following the hearing
under section 5113 (relating to hearing).
§ 5115. Prohibitions.
(a) Member of vulnerable population.--
(1) A correctional facility may not place an inmate in
segregated confinement due solely on the basis that the
inmate is a member of a vulnerable population.
(2) If an inmate is a member of a vulnerable population
because the inmate is less than 21 years of age, a
correctional facility may not place the inmate in segregated
confinement, or otherwise discipline the inmate, because the
inmate refuses treatment or medication, engages in self-harm
or threatens self-harm.
(3) If an inmate is a member of a vulnerable population
because the inmate is 55 years of age or older, pregnant, in
the postpartum recovery period or has recently suffered a
miscarriage or terminated a pregnancy and would otherwise be
placed in segregated confinement by a correctional facility,
the correctional facility may not place the inmate in
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segregated confinement but shall instead place the inmate in
a specialized unit as designated by the secretary.
(b) Duration.--An inmate may not remain in segregated
confinement for more than:
(1) 15 consecutive days.
(2) 45 days in a 180-day period.
(c) Risk.--A correctional facility may not place an inmate
in segregated confinement w ith another inmate or group of
inmates if there is reasonable cause to believe that harm,
harassment, intimidation, extortion or other physical or
emotional abuse will result toward the inmate.
(d) Basis for placement.--An inmate may not be placed in
segregated confinement based upon the same act or incident that
was previously used as the impetus for the placement in
segregate confinement.
(e) Limitations.--A correctional facility may not impose on
an inmate in segregated confinement any limitation on services,
treatment or basic needs, including clothing, food, hygiene,
sanitation, health care and bedding.
(f) Diet.--A correctional facility may not impose restricted
diets or any other change in diet for an inmate in segregated
confinement.
(g) Representation.-- An inmate may not be denied access to
the counsel of a representative while in segregated confinement.
(h) Restraints.--
(1) Restraints may not be used on inmates in segregated
confinement unless an individualized assessment is made and
submitted at the time of, or immediately following, alleged
misconduct by the inmate. The assessment must indicate that
restraints are required for the inmate because of significant
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and unreasonable risk of imminent serious physical injury to
the inmate, other inmates, staff or other individuals.
(2) If restraints are used, the least restrictive form
of restraints shall be used.
(3) Restraints may not be used on an inmate for longer
than necessary to abate imminent harm.
§ 5116. Conditions of cells.
Cells or other holding or living spaces used for segregated
confinement must be properly ventilated, appropriately lit,
temperature-monitored, clean and equipped with properly
functioning sanitary fixtures.
§ 5117. Out-of-cell time.
(a) General rule.--Except as provided in subsection (c), for
an inmate in segregated confinement, a correctional facility:
(1) Shall provide the inmate at least four hours of
congregate out-of-cell time per day, which:
(i) Must include at least two hours per day for
recreation, one hour of which shall be offered as outdoor
recreation time.
(ii) May include peer-led programs, time in a day
room or out-of-cell recreation area with other people,
congregate meals, volunteer programs or other activities.
(2) If the inmate is a person with a disability:
(i) Shall provide the inmate at least seven hours of
daily out-of-cell time in a group setting with other
individuals in the same shared physical space without
physical barriers.
(ii) M ay provide the inmate access to staff-based
programming and contact with persons other than
correctional facility staff in a manner appropriate to
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the medical needs of the inmate.
(b) Request to limit or deny.--
(1) The chief administrator may submit to the secretary
a request to limit or deny the out-of-cell time under
subsection (a).
(2) The request under paragraph (1) must be a specific,
nongeneralized narrative explanation of the reasons why the
out-of-cell time should be limited or denied, based on how
the inmate poses an extraordinary and unacceptable risk of
imminent physical harm to the safety or security of the
inmate, other inmates, staff or other individuals.
(c) Exception.--Subsection (a) does not apply if the
secretary approves, in whole or in part, the request under
subsection (b), in which case the correctional facility shall
make any approved adjustment to the out-of-cell time, which may
include having the out-of-cell time take place in a smaller
group setting or only with therapeutic staff.
(d) Program participation and work assignments.--For out-of-
cell time for an inmate during segregated confinement:
(1) A correctional facility shall offer the inmate
educational and rehabilitative programming led by program or
therapeutic staff, comparable to the programming offered to
inmates in the general population.
(2) The inmate shall have access to programs and work
assignments comparable to core programs and types of work
assignments for inmates in the general population.
(3) A correctional facility may not deny the inmate the
ability to complete programming required for release as the
result of placement in segregated confinement.
(4) Time spent on housekeeping or cleaning or on paid
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work assignment shall not be considered out-of-cell time.
§ 5118. Partial lockdown.
(a) Authorization.--A correctional facility may place an
inmate in segregated confinement during a partial lockdown at
the correctional facility if the chief administrator determines
that the partial lockdown is required to ensure the safety of
inmates or other individuals.
(b) Documentation.--During a partial lockdown under this
section, the chief administrator shall document the specific
reasons for the partial lockdown and why less restrictive
interventions were insufficient to accomplish the safety goals
of the correctional facility.
(c) Duration.--
(1) A partial lockdown under this section may not
exceed:
(i) A continuous duration of 24 hours.
(ii) Subject to paragraph (2), a maximum of 48 hours
within any seven-day period.
(2) The chief administrator may request authorization
from the secretary to exceed the requirement under paragraph
(1)(ii) by providing the secretary with the reason for the
need to exceed the requirement. If the secretary provides the
authorization, the secretary shall, within 24 hours:
(i) Post the authorization on the publicly
accessible Internet website of the department, along with
the reasons for the request and authorization.
(ii) Provide notice of the authorization to the
General Assembly, along with the reasons for the request
and authorization.
§ 5119. Emergency segregated confinement.
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(a) Authorization.--If, upon personal examination of an
i nmate, a physician or other qualified medical professional
determines that there is a need to place the inmate in emergency
segregated confinement, including medical isolation, the
correctional facility may place the inmate in emergency
segregated confinement in accordance with this section.
(b) Length of confinement.--An inmate may not be held in
emergency segregated confinement for more than 24 hours.
(c) Evaluations and examinations.--
(1) Within two hours of the placement of an inmate in
emergency segregated confinement, a member of the medical
staff at the correctional facility shall conduct an initial
medical and mental health evaluation of the inmate.
(2) Within 24 hours of the placement of an inmate in
emergency segregated confinement, a member of the medical
staff at the correctional facility shall conduct a personal
and comprehensive medical and mental health evaluation of the
inmate.
(3) In the case of the emergency segregated confinement
of an inmate at a county correctional institution:
(i) Within 12 hours of the confinement, a member of
the medical staff at the county correctional institution
shall conduct a preliminary examination of the inmate.
(ii) Within 48 hours of the confinement, a member of
the medical staff at the county correctional institution
shall conduct a comprehensive medical and mental health
evaluation of the inmate.
(4) The member of the medical staff who conducted the
evaluation or examination under this subsection shall, upon
completion of the evaluation or examination, provide a report
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of the evaluation or examination to the chief administrator.
(d) Clinical review.--A personalized clinical review shall
be conducted on an inmate in emergency segregated confinement at
least every six hours and as clinically indicated.
(e) Mental health.--I f the purpose of the emergency
segregated confinement of an inmate is related to the mental
health of the inmate, the inmate shall be placed in a mental
health unit as designated by the secretary or, in the case of a
county correctional institution, in an area designated for the
treatment of mental health.
§ 5120. Monitoring of inmates.
Following placement of an inmate in segregated confinement, a
correctional facility shall:
(1) Within 12 hours of the placement, notify the medical
or mental health staff of the correctional facility in
writing of the placement.
(2) Ensure that the inmate receives wellness checks at
least twice per hour during the placement.
(3) Unless a medical or mental health staff recommends
more frequent checks, monitor an inmate at least every 15
minutes if the inmate is demonstrating unusual behavior or
has indicated suicidality or self-harm.
§ 5121. Use of segregated confinement pending investigation.
(a) General rule.--Except as provided in subsection (b), an
inmate may not be placed in segregated confinement pending
investigation of alleged misconduct by the inmate or other
alleged conduct that may result in disciplinary action against
the inmate.
(b) Exception.--Subsection (a) does not apply if:
(1) The chief administrator determines that the presence
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of the inmate in the general population poses a danger to the
inmate, other inmates, staff or other individuals. In making
a determination under this paragraph, the chief administrator
shall consider the seriousness of the alleged conduct,
including whether the alleged conduct involved violence or an
escape or posed a threat to the correctional facility's
safety by encouraging other inmates to engage in misconduct.
(2) The chief administrator has approved the segregated
placement based on exigent or emergency circumstances.
(c) Review.--The placement of an inmate in accordance with
subsection (b) shall be reviewed within 24 hours by a
supervisory employee who was not involved in the initial
decision to place the inmate in segregated confinement.
(d) Release.--An inmate who has been placed in segregated
confinement in accordance with subsection (b) shall be
considered for release to the general population if the inmate
demonstrates good behavior while confined. If, in a disciplinary
hearing, the inmate is found guilty of misconduct, the inmate's
good behavior shall be considered in determining the appropriate
penalty.
§ 5122. Documentation.
(a) Requirement.--A correctional facility shall document
each time an inmate placed in segregated confinement or any
other type of confinement aside from the general population.
(b) Contents.--The documentation under this section must
include:
(1) The facts and circumstances that led to placing the
inmate into segregated confinement.
(2) The date and time the inmate was placed in
segregated confinement.
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(3) A clear and consistent log of the time that the
inmate spent out-of-cell time while in segregated confinement
or any other type of confinement that is not the general
population.
§ 5123. Alternative disciplinary measures.
(a) Authorization.--A correctional facility shall:
(1) Implement alternative disciplinary measures to
segregated confinement.
(2) Develop a hierarchy of the use of alternative
disciplinary measures to segregated confinement in cases
involving disciplinary measures.
(3) Limit the use of segregated confinement to only
those incidents in which an alternative disciplinary measure
would not be effective or appropriate.
(b) Examples.--An alternative disciplinary measure for an
inmate includes:
(1) The limitation of contact visits for the inmate.
(2) The restriction of visitors to only the immediate
family of the inmate.
(3) The loss of work opportunities for the inmate.
(4) The assignment of additional unpaid work duties for
the inmate, but for not more than 14 days.
(5) The loss of telephone, entertainment or yard time
privileges for the inmate, but for not more than 14 days.
(6) The loss of commissary privileges for the inmate,
but for not more than 14 days.
(7) The confinement of the inmate to the inmate's own
cell in the general population area, but for not more than 20
hours per day.
(8) A reprimand or warning to the inmate.
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(c) Other placement for certain individuals.--An inmate who
is a member of a vulnerable population because the inmate is
less than 21 years of age and who would otherwise be placed in
segregated confinement shall be screened by a clinician at the
correctional facility or an appropriate screening service and,
if found to meet the standards of civil commitment, shall be
placed in a specialized unit, as designated by the secretary, or
civilly committed to the least restrictive appropriate short-
term care or psychiatric facility designated by the Department
of Human Services.
§ 5124. Rehabilitation after release from segregated
confinement.
(a) Duty of correctional facility.--A correctional facility
shall be responsible for the rehabilitation and reclamation of
an inmate released from segregated confinement to ensure that
the inmate has not sustained any lasting physical, mental or
psychological injury or damage.
(b) Rights of inmate.--Upon release from segregated
confinement, an inmate shall:
(1) Receive weekly meetings with a licensed mental
health professional and a certified peer specialist.
(2) Have access to classes and educational materials.
(3) Have access to familial and outside contact.
(4) Have access to supports or resources necessary for
recovery, as determined by a licensed mental health
professional.
SUBCHAPTER C
OVERSIGHT AND ENFORCEMENT
Sec.
5131. Independent investigator.
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5132. Segregated Confinement Hearing Review Board.
5133. Duties of department.
5134. Additional relief.
§ 5131. Independent investigator.
(a) Authorization.--The department shall coordinate with the
Pennsylvania Prison Society, or its successor, to designat e an
independent investigator to monitor each correctional facility
to ensure compliance with the provisions of this chapter.
(b) Duties.--The independent investigator shall:
(1) Conduct interviews with inmates in segregated
confinement and report any abuse to the department.
(2) Review documents regarding inmates necessary to
determine the implementation of segregated confinement.
(c) Use of information.--Information gathered under
subsection (b) may be used in a misconduct hearing conducted in
accordance with section 5132 (relating to Segregated Confinement
H earing Review Board ).
§ 5132. Segregated Confinement Hearing Review Board.
(a) Establishment and purpose.--The Segregated Confinement
Hearing Review Board is established in the department to conduct
hearings regarding alleged misconduct that occurs against
inmates during segregated confinement at correctional
facilities.
(b) Members.--The board shall consist of the following:
(1) A licensed psychologist or psychiatrist.
(2) A licensed mental health professional with a
counseling background.
(3) A licensed social worker.
(c) Conduct of hearing.--The following apply to a hearing by
the board:
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(1) Unless prohibited by the board for cause shown, the
inmate and correctional facility may call and cross-examine
witnesses during the hearing.
(2) The inmate shall be entitled to have a
representative participate at the hearing.
(3) The inmate shall be given access to video evidence
from the correctional facility no later than 24 hours before
the commencement of the hearing.
(d) Relief.--If the board finds that misconduct occurred
during segregated confinement by the correctional facility, the
correctional facility shall immediately release the inmate from
segregated confinement.
§ 5133. Duties of department.
(a) Authorization.--The department shall implement,
administer and enforce the provisions of this chapter.
(b) Regulations.--The department shall promulgate
regulations necessary to implement, administer and enforce the
provisions of this chapter, which must include the following, in
accordance with this chapter:
(1) A process to review the placement of inmates in
segregated confinement, including the circumstances leading
to placement, the nature of the placement and the effects of
the placement.
(2) The development of a plan that:
(i) Provides for step-down units, transitional
units, other similar units, programs and staffing
patterns to accommodate inmates who:
(A) are currently placed in segregated
confinement;
(B) will be placed in segregated confinement; or
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(C) receive an intermediate sanction in lieu of
being placed in segregated confinement.
(ii) Requires:
(A) S taffing patterns for correctional facility
staff and program staff to be set at levels necessary
to ensure the safety of staff and inmates in
accordance with this chapter.
(B) Inmates placed in a step-down unit,
transitional unit or other similar unit to have
access to at least seven hours of daily out-of-cell
group programming, recreation and activities in a
group setting with other individuals in the same
shared physical space without physical barriers.
(3) How to r educe the need for segregated confinement.
(4) How to reduce the burden of transferring inmates to
a different correctional facility.
(5) The establishment of nonsegregated confinement, in
accordance with other State laws and other regulations
promulgated by the department.
(6) Easing restrictions on religious, mail and telephone
privileges, visit contacts and outdoor and recreation access.
(7) Prohibitions on the restriction of basic necessities
during segregated confinement.
(8) Training requirements for staff working with inmates
in segregated confinement.
(9) Standards for segregated confinement.
(10) Procedures for documentation of decisions,
procedures and reviews regarding segregated confinement.
(11) Monitoring and compliance requirements.
(12) Procedures for hearings under this chapter.
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§ 5134. Additional relief.
In addition to relief provided by this chapter or other State
law, a person adversely affected by any act or omission of a
correctional facility regarding segregated confinement in
violation of this chapter may seek declarative and injunctive
relief and the actual damages attributable to the violation in a
court of competent jurisdiction. The court shall award
reasonable expenses to the person adversely affected if the
final determination by a court is in favor of the person
adversely affected.
SUBCHAPTER D
MISCELLANEOUS PROVISIONS
Sec.
5141. Disclosure.
5142. Reports.
§ 5141. Disclosure.
(a) Reports.--Reports prepared by correctional facilities
and the department under this chapter shall be accessible for
inspection and duplication in accordance with the act of
February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.
(b) Documentation.-- Documentation on each correctional
facility's use of segregated confinement, including the
reporting information provided to the department and records
relating to inmates held in segregated confinement, shall be
available for inspection by the applicable oversight board for
each correctional facility.
§ 5142. Reports.
(a) Requirement.--The department shall post quarterly
reports on the publicly accessible Internet website of the
department regarding the use of segregated confinement.
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(b) Content.--Subject to subsection (c), each report under
this section must include:
(1) The age, sex, gender identity, ethnicity, mental
health treatment level, special accommodations or needs,
pregnancy status, need for participation in substance use
disorder programs and type of confinement status for each
inmate who is in segregated confinement or who was in
segregated confinement since the previous quarterly report.
(2) The total number of inmates who are in segregated
confinement or who were in segregated confinement since the
previous quarterly report.
(3) Since the previous quarterly report, t he total
number of the following, by correctional facility:
(i) Incidences of emergency segregated confinement,
and segregated confinement as a result of a partial
lockdown.
(ii) Inmate self-harm and suicide attempts during
segregated confinement.
(iii) Inmate deaths during segregated confinement,
including suicides, along with the number of deaths by
unit, causes of death, if other than suicide, and dates
of occurrence.
(iv) Assaults to inmates during segregated
confinement.
(4) The continuous lengths of stay for each documented
segregated confinement.
(c) Redaction.--The department shall redact p ersonally
identifiable information regarding inmates from each report
under this section.
Section 2. This act shall take effect in 60 days.
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