61 Pa.C.S. Ch. 59

in effect

61 Pa.C.S. § 5901 Physical welfare of inmates.

(a) Physical exercise.-- (1) A chief administrator who may or shall have in charge any inmate, whether the inmate has been tried or not, shall provide the inmate with at least two hours of daily physical exercise in the open, weather permitting, and, upon such days on which the weather is inclement, with two hours of daily physical exercise inside of the correctional institution. (2) The physical exercise must be safe and practical, and the judges of several courts are to be the judges thereof. (3) Inmates in segregation or disciplinary status shall receive a minimum of at least one hour of daily exercise five days per week. (b) Limitation.--The physical exercise required by subsection (a) shall not be taken by an inmate within the confines of his cell or room in which the inmate is confined. (c) Applicability.--This section shall not apply to inmates who are confined and not physically able to take the required physical exercise.

61 Pa.C.S. § 5902 Contraband prohibited.

(a) Alcohol and drugs.--No spirituous or fermented liquor, drug, medicine, poison, opium, morphine or any other kind or character of narcotic shall, on any pretense whatever: (1) be sold or given away in a correctional institution or in any building appurtenant thereto, or on the land granted to or owned or leased by the Commonwealth for the use and benefit of inmates; or (2) be brought into a correctional institution or any building appurtenant thereto, or on to the land granted to or owned or leased by the Commonwealth for the use of and benefit of inmates, without a written permit signed by the physician of the correctional institution specifying the quantity and quality of the liquor or narcotic which may be furnished to the inmate or employee in the prison and the name of the inmate or employee for whom and the time when the liquor or narcotic may be furnished, except the ordinary hospital supply of the prisons. (b) Permit.--The permit shall be delivered to and kept by the chief administrator. (c) No secured storage.--No spirituous or fermented liquor, drug, medicine, poison, opium, morphine or any other kind or character of narcotic shall be sold, given away or furnished, either directly or indirectly, to an inmate, either in or anywhere outside of the correctional institution, or be disposed of in such manner or in such a place that it may be secured by an inmate or employee of the prison. (d) Tobacco.--Tobacco may be supplied and used, subject to such regulations as may be adopted by the chief administrator. (e) Weapons.--No weapon or other implement which may be used to injure an inmate or person or in assisting an inmate to escape from imprisonment shall: (1) be sold, given away or furnished to an inmate in any correctional institution or any building appurtenant thereto or on the land granted to or owned or leased by the Commonwealth for the use and benefit of inmates; (2) except as provided under subsection (e.1), be brought into any correctional institution or any building appurtenant thereto or on to the land granted to or owned or leased by the Commonwealth for the use and benefit of inmates; or (3) be sold, given away or furnished, either directly or indirectly, to an inmate, either in or anywhere outside of the correctional institution, or be disposed of in such a manner or in such a place that it may be secured by an inmate in the correctional institution. (e.1) Commonwealth employees.-- (1) The following apply: (i) An employee of the Commonwealth employed at or assigned to a State correctional institution may carry or store one lawfully owned and transported firearm and ammunition in a vehicle located at a specified location outside of the State correctional institution upon providing advance written notice to the chief administrator of the State correctional institution. (ii) If an employee of the Commonwealth carries or stores a firearm and ammunition under subparagraph (i), the employee of the Commonwealth shall do all of the following: (A) Keep the firearm secured with a trigger lock or a gun safe. (B) Keep the firearm out of plain sight. (C) Comply with all applicable laws governing the use, possession and carrying of firearms and ammunition and all policies of the department. (iii) A chief administrator who has received written notice under subparagraph (i) from an employee of the Commonwealth may deny or revoke the ability of the employee of the Commonwealth to carry or store a firearm and ammunition under this paragraph in writing. (iv) An employee of the Commonwealth may not carry or store a firearm under subparagraph (i) if the vehicle also contains prohibited ammunition suitable for the firearm. (2) The following words and phrases when used in this subsection shall have the meanings given to them in this paragraph unless the context clearly indicates otherwise: "Firearm." A pistol or revolver with a barrel length less than eight inches as determined by measuring from the muzzle of the barrel to the face of the closed action or cylinder, whichever is applicable. "Prohibited ammunition." A bullet or projectile which, if fired from a firearm as defined in 18 Pa.C.S. § 6102 (relating to definitions) under the test procedure of the National Institute of Justice for the Ballistic Resistance of Body Armor published July 2008, is determined to be capable of penetrating bullet-resistant apparel or body armor meeting the requirements of Type IIIA of Standard NIJ Standard-0101.06 as formulated by the United States Department of Justice. (f) Searches.--A chief administrator may search or cause to have searched any person coming to the correctional institution as a visitor, or in any other capacity, who is suspected of having upon his person: (1) any weapon or other implement which may be used to injure an inmate or any other person or in assisting an inmate to escape from imprisonment; or (2) any spirituous or fermented liquor, drug, medicine, poison, opium, morphine or any other kind or character of narcotic. (g) Penalty.--A person who violates any of the provisions of this section commits a felony and shall, upon conviction, be sentenced to pay a fine of not more than $1,000 or to imprisonment for not more than five years, or both. (Oct. 24, 2018, P.L.749, No.123, eff. 60 days) 2018 Amendment. Act 123 amended subsec. (e) and added subsec. (e.1). Cross References. Section 5902 is referred to in sections 3505, 5122 of Title 18 (Crimes and Offenses).

61 Pa.C.S. § 5903 Inmate uniforms.

While incarcerated, an inmate of a State correctional institution shall wear identifiable prison uniforms and shall not wear civilian clothing. Special Provisions in Appendix. See section 10 of Act 33 of 2009 in the appendix to this title for special provisions relating to applicability.

61 Pa.C.S. § 5904 Assessment and collection of costs.

(a) Power of department.--When the department determines that there has been a financial loss or cost as a result of a violation of a written rule governing inmate behavior, including, but not limited to, property loss or damage or use of a controlled substance, the department may require the inmate to pay to the department, or to the person whose property has been lost or damaged, the value of the property or the costs incurred in the investigation and administrative review of the behavior. (b) Procedures.--The department shall develop written procedures relating to the determination, assessment and collection of the costs of losses due to inmate misconduct. When the procedures have been adopted by the department, the provisions of 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) shall not apply to proceedings conducted by the department under this section. (c) Deduction from inmate's institutional account.-- (1) The department may deduct from an inmate's institutional account the amount of any judgment, court-ordered costs or assessments against the inmate under subsection (a). (2) Notice of the deduction shall be provided to the inmate by certified mail or personal notice.

61 Pa.C.S. § 5905 Healthy birth for incarcerated women.

(a) Duties of correctional institution.--Consistent with established policy and practice, it shall be the duty and responsibility of the correctional institution to provide adequate personnel to monitor the pregnant incarcerated individual or detainee during transport to and from the medical facility and during her stay at the medical facility. (b) Restraint of pregnant incarcerated individuals and detainees.-- (1) Unless provided in paragraph (2), a correctional institution shall not apply restraints, including handcuffs, to an incarcerated individual or detainee known to be pregnant during any stage of labor or any period of postpartum as defined in section 1104(f) (relating to State recording system relating to pregnant and postpartum incarcerated individuals or detainees). (2) Paragraph (1) shall not bar reasonable restraint provided the correctional institution staff assigned to the incarcerated individual or detainee makes an individualized determination that the incarcerated individual or detainee presents a substantial risk of imminent flight or some other extraordinary medical or security circumstance dictates that the incarcerated individual or detainee be restrained to ensure the safety and security of the incarcerated individual or detainee, the staff of the correctional institution or medical facility, other incarcerated individuals or detainees or the public. The assigned correctional institution staff shall report the incident to the correctional institution in a reasonable amount of time after the restraint occurs. In the case of any use of restraints on a pregnant or postpartum incarcerated individual by an individual or entity that is not employed by the correctional institution but is transporting the pregnant or postpartum incarcerated individual on behalf of the correctional institution, the individual or entity shall report the restraint to the correctional institution in a reasonable amount of time after the incident occurs. The reporting requirement shall not apply to a law enforcement agency unless the law enforcement agency is transporting pregnant or postpartum incarcerated individuals on behalf of the correctional institution. (3) If restraint is applied under paragraph (2), at no time shall the incarcerated individual or detainee be left unattended by a correctional institution staff with the ability to release the restraint should a release become medically necessary. (4) When a restraint is permitted under this section, a correctional institution shall use the least restrictive restraint necessary when the facility has actual or constructive knowledge that an incarcerated individual or detainee is in the second or third trimester of pregnancy. (c) Restraints.--The following shall apply to an incarcerated individual or detainee who has been restrained under this subsection: (1) The correctional institution staff accompanying the incarcerated individual or detainee shall promptly remove all restraints upon request of a doctor, nurse or other health care professional. (2) Leg or waist restraints shall not be used on any incarcerated individual or detainee who is in labor. (3) The type of restraint applied and the application of the restraint shall be done in the least restrictive manner possible. (d) Annual report.--(Deleted by amendment). (e) 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." 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. The term does not include an entity operated, supervised or licensed by the Department of Human Services under the act of June 13, 1967 (P.L.31, No.21), known as the Human Services Code. "Detainee." Includes any person detained under the immigration laws of the United States at any correctional facility. "Incarcerated individual." An individual incarcerated or detained in a correctional institution who is accused of, convicted of or sentenced for violations of criminal law or the terms and conditions of parole, probation, pretrial release or a diversionary program. "Labor." (Deleted by amendment). "Postpartum." (Deleted by amendment). "Prisoner." (Deleted by amendment). "Restraint." Any physical hold or mechanical device used to control the movement of an incarcerated individual's or detainee's body or limbs or both. (July 2, 2010, P.L.275, No.45, eff. 60 days; Dec. 14, 2023, P.L.396, No.47, eff. 180 days; Oct. 29, 2024, P.L.1037, No.114, eff. imd.) 2024 Amendment. Act 114 amended subsec. (e). Section 8 of Act 114 provided that, with the exception of the amendment or addition of 61 Pa.C.S. § 1731(a)(2.1) and (b), Act 114 shall apply retroactively to June 11, 2024. Cross References. Section 5905 is referred to in sections 1104, 1758 of this title.

61 Pa.C.S. § 5905.1 Restrictive housing prohibited for pregnant or postpartum incarcerated individuals and detainees.

(a) Restrictive housing prohibited.--Except as provided under subsection (c), a pregnant or postpartum incarcerated individual or detainee may not be involuntarily placed in restrictive housing in any correctional institution in this Commonwealth. (b) Alternative discipline.--Forms of discipline for pregnant and postpartum incarcerated individuals or detainees shall be limited to sanctions, including restrictions on telephone usage or visitation or other common forms of alternative discipline used in the United States. (c) Exceptions.--A pregnant or postpartum incarcerated individual 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 pregnant or postpartum incarcerated individual or detainee, another incarcerated individual or detainee, the unborn child of the pregnant incarcerated individual or detainee or staff. The following shall apply: (1) The decision to place a pregnant or postpartum incarcerated individual or detainee in restrictive housing under this subsection must be approved by the chief administrator. (2) The rationale for the decision under this subsection must be documented as required by section 1104 (relating to State recording system relating to pregnant and postpartum incarcerated individuals or detainees). (3) No period of restrictive housing shall exceed seven days without additional approval and documented rationale, as required by section 1104, of the chief administrator. There shall be a minimum of 24 hours between each restrictive placement absent extraordinary circumstances. (d) Bed assignments.--The correctional institution may not assign a pregnant incarcerated individual or detainee to any bed that is elevated more than three feet from the floor of the facility. (e) Definition.--As used in this section, the term "postpartum" means the eight-week period, or longer as determined by the health care professional responsible for the health and safety of the incarcerated individual or detainee, following childbirth. (Dec. 14, 2023, P.L.396, No.47, eff. 180 days) 2023 Amendment. Act 47 added section 5905.1. Cross References. Section 5905.1 is referred to in section 1758 of this title.

61 Pa.C.S. § 5906 Confidentiality of victim information.

(a) General rule.--Notwithstanding any other provision of law, any and all statements or testimony of the victim and of any family member submitted to the department shall be: (1) Deemed confidential and privileged. (2) Not be subject to subpoena or discovery. (3) Not be introduced into evidence in any judicial or administrative proceeding. (4) Not be released to the inmate. (b) Records.--All records maintained by the department pertaining to victims shall be kept separate. Current address, telephone numbers and any other personal information of the victim and family members shall be deemed confidential. (c) Disclosure prohibited.--Notwithstanding any other provision of law, no person who has had access to a report, record or any other information under this section shall disclose the content of the report, record or other information or testify in a judicial or administrative proceeding without the written consent of the victim. (Oct. 27, 2010, P.L.931, No.95, eff. imd.; Dec. 18, 2019, P.L.776, No.115, eff. imd.) 2019 Amendment. Act 115 amended subsec. (a) intro. par. 2010 Amendment. Act 95 added section 5906.

61 Pa.C.S. § 5907 Oleoresin capsicum spray.

(a) Issuance.--The department shall issue, on a routine basis, oleoresin capsicum spray to: (1) Any officer or employee of the department who: (i) is employed by and on duty in a State correctional institution; and (ii) may respond to an emergency situation. (2) To additional officers and employees of a State correctional institution as the department determines appropriate, in accordance with this section. (b) Training.--The following shall apply: (1) In order for an officer or employee of the department, including a corrections officer, to be eligible to receive and carry oleoresin capsicum spray under this section, the officer or employee shall complete a training course in accordance with department policy on the use of oleoresin capsicum spray. (2) An officer or employee of the department who completes a training course under paragraph (1) and subsequently transfers to employment at a different State correctional institution shall not be required to complete an additional training course solely due to the transfer. (3) An officer or employee of the department who completes a training course required under paragraph (1) shall do so during the course of that officer's or employee's regular employment and shall be compensated at the same rate that the officer or employee would be compensated for conducting the officer's or employee's regular duties. (c) Use of oleoresin capsicum spray.--Officers and employees of the department that are issued oleoresin capsicum spray under subsection (a) may use the spray in accordance with department policy, including: (1) in any situation where verbal direction given to inmates has failed and staff may have to use physical force to maintain or regain control; (2) when an inmate barricades or arms himself and cannot be approached without danger to personnel and the inmate; or (3) when it is determined that a delay in establishing control would constitute a hazard to the inmate or other individuals or would result in a disturbance or property damage. (Nov. 21, 2016, P.L.1515, No.174, eff. 60 days) 2016 Amendment. Act 174 added section 5907.

61 Pa.C.S. § 5908 Cavity search and inspection restrictions.

(a) Cavity search and inspection restrictions.--To the greatest extent possible: (1) No staff other than a licensed health care professional shall conduct an invasive body cavity search of a pregnant or postpartum incarcerated individual or detainee. (2) A correctional institution shall limit searches by male staff, other than medically licensed professional male staff, if a female incarcerated individual or detainee is in a state of undress. (b) Documentation requirement.--If staff is required to perform an invasive body cavity search on a pregnant or postpartum incarcerated individual or detainee, or male staff, other than medically licensed professional male staff, is required to conduct a search on a female incarcerated individual or detainee in a state of undress, a written report shall be submitted to the correctional institution within 72 hours following the cavity search or inspection. The report under this subsection shall: (1) include the justification for performing the cavity search or male staff inspection as required in this subsection; (2) document and identify any contraband that was found on the incarcerated individual or detainee; and (3) be sent to the department. (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: "Body cavity search." An invasive search of incarcerated individuals or detainees, conducted by staff in search of contraband, excluding the nose, ears and mouth. "Staff." An individual, including contracted staff, who is employed by a correctional institution or the department, excluding any licensed medical professional. "State of undress." A state where an incarcerated or detained female is partially or fully naked, either in the shower, toilet areas, a medical examination room or while a body cavity search is being conducted. (Dec. 14, 2023, P.L.396, No.47, eff. 180 days; Oct. 29, 2024, P.L.1037, No.114, eff. imd.) 2024 Amendment. Act 114 amended subsecs. (b)(3) and (c). Section 8 of Act 114 provided that, with the exception of the amendment or addition of 61 Pa.C.S. § 1731(a)(2.1) and (b), Act 114 shall apply retroactively to June 11, 2024. 2023 Amendment. Act 47 added section 5908.

61 Pa.C.S. § 5909 Training and education requirement.

(a) Correctional institution staff training.--The department, in consultation with the Department of Human Services and the Department of Health, shall develop and provide correctional institutions with a training program for staff who have contact with a pregnant, laboring or postpartum incarcerated individual or detainee. The training program shall be related to the physical and mental health of the pregnant or postpartum incarcerated individual or detainee and unborn child, including: (1) The general care of a pregnant individual. (2) The impact of restraints on a pregnant individual and unborn child. (3) The impact of being placed in restrictive housing on a pregnant individual. (4) The impact of invasive searches on a pregnant individual. (5) Any other pertinent information the department finds appropriate or necessary. (b) Correctional institution staff training exceptions.--If the correctional institution or county correctional institution prohibits the placement of pregnant individuals as a matter of policy, that institution may submit a written exemption reporting that there is no risk of staff interacting with pregnant individuals housed in the institution. The exemption under this subsection shall apply only to the correctional institution, not the individual staff of the institution. All correctional institution staff that come in contact with pregnant incarcerated individuals shall complete the training under this section. If correctional institution staff work at more than one institution, the staff must receive the required training at the nonexempt institution. (c) Education programming for pregnant incarcerated individuals.--The department, in consultation with the Department of Human Services and the Department of Health, shall develop and provide correctional institutions and county correctional institutions with educational programming for pregnant or postpartum incarcerated individuals or detainees. The educational programming shall be related to: (1) Medical screenings related to female reproductive and overall health, including preventive screenings. (2) Prenatal care. (3) Pregnancy-specific hygiene. (4) The impact of alcohol and drugs on the unborn child. (5) General health of the child. (6) Any other pertinent information the department finds appropriate or necessary. (d) Trauma-informed care.-- (1) The chief administrator shall, as the chief administrator deems necessary, ensure that the correctional institution provides to incarcerated individuals and detainees quality trauma-informed care. (2) Trauma-informed care for an individual shall begin immediately upon the individual's intake and assessment at a correctional institution. (3) Beginning after December 31, 2025, correctional staff shall receive professional training, approved by the department, in consultation with the Department of Human Services, relating to trauma-informed care, which shall include the following: (i) Training to identify individuals with trauma. (ii) Training on how and when to refer individuals to the proper health care professionals, including preventive health care and mental health care. (iii) Training on how to interact with and empower incarcerated individuals who have experienced trauma. (e) 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: "Postpartum." The eight-week period, or longer as determined by the health care professional responsible for the health and safety of the incarcerated individual or detainee, following childbirth. "Trauma-informed care." An organizational structure and treatment framework that involves recognizing, understanding and responding to the effects of trauma. (Dec. 14, 2023, P.L.396, No.47, eff. 180 days; Oct. 29, 2024, P.L.1037, No.114, eff. imd.) 2024 Amendment. Act 114 amended subsecs. (a) intro. par. and (5), (c) intro. par. and (6) and (d)(3) intro. par. Section 8 of Act 114 provided that, with the exception of the amendment or addition of 61 Pa.C.S. § 1731(a)(2.1) and (b), Act 114 shall apply retroactively to June 11, 2024. 2023 Amendment. Act 47 added section 5909.

61 Pa.C.S. § 5910 Feminine hygiene and incontinence products.

(a) Issuance of feminine hygiene products relating to menstruation.--A supply of feminine hygiene products shall be provided to all incarcerated individuals and detainees who are menstruating in a correctional institution each month at no cost to the incarcerated individuals and detainees, regardless of financial means. Incarcerated individuals and detainees shall not be required to show proof of need or to undergo a medical examination or obtain a medical permit, authorization or diagnosis to receive the products under subsection (b). (b) Feminine hygiene products provided.--A choice of at least two sizes or absorbencies of sanitary pads shall be distributed to all incarcerated individuals and detainees who are menstruating in a correctional institution or if requested from medical staff. (c) Feminine hygiene products to be requested.--A choice of at least two sizes of tampons shall be distributed to incarcerated individuals and detainees who request a tampon from medical staff. (d) Issuance of feminine hygiene products relating to bladder control and incontinence.--A supply of products for bladder control and incontinence shall be provided to incarcerated individuals and detainees, including geriatric incarcerated individuals and postpartum incarcerated individuals, who require such products each month at no cost to incarcerated individuals and detainees, regardless of financial means. (e) Bladder control and incontinence products distribution.--Adult diapers or protective undergarments shall be distributed to incarcerated individuals who require them. (f) Rules and regulations.--The correctional institution shall promulgate rules necessary to implement and enforce the provisions of this section. (g) Definition.--As used in this section, the term "feminine hygiene products" means products that women use during menstruation. The term includes tampons and sanitary napkins. (Dec. 14, 2023, P.L.396, No.47, eff. 180 days) 2023 Amendment. Act 47 added section 5910.

61 Pa.C.S. § 5911 Postpartum recovery.

(a) Restraints during postpartum recovery.--No restraints shall be used on any incarcerated individual or detainee who has given birth within the last 30 days and is in postpartum recovery, unless the department has a reasonable belief that the incarcerated individual or detainee will harm themselves, their newborn or another individual or pose a substantial risk of imminent flight. If restraints are used, the facility employee ordering the use of restraints on an incarcerated individual or detainee while in postpartum recovery shall submit a written report to the chief administrator of the facility within 72 hours following the use of the restraints, containing the justification for restraining the incarcerated individual or detainee during postpartum recovery. The report shall also be sent to the department. (b) Postdelivery bonding period.--Following the delivery of a newborn and subject to hospital policies, including length of stay, the department shall permit the child to remain with the mother at the hospital for up to 72 hours unless there is a reasonable belief that the child remaining with the mother presents a health or safety risk to the child. (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: "Postpartum." The eight-week period, or longer as determined by the health care professional responsible for the health and safety of the incarcerated individual or detainee, following childbirth. "Substantial risk of imminent flight." A showing of real and considerable risk of escaping by the incarcerated individual. (Dec. 14, 2023, P.L.396, No.47, eff. 180 days; Oct. 29, 2024, P.L.1037, No.114, eff. imd.) 2024 Amendment. Act 114 amended subsecs. (a) and (b). Section 8 of Act 114 provided that, with the exception of the amendment or addition of 61 Pa.C.S. § 1731(a)(2.1) and (b), Act 114 shall apply retroactively to June 11, 2024. 2023 Amendment. Act 47 added section 5911.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=61Fetched: 10/16/2026