§ § 95.141—95.145. [Reserved].

   The provisions of these § §  95.211—95.214 reserved February 17, 1984, effective February 18, 1984, 14 Pa.B. 534, unless otherwise noted. Immediately preceding text appears at serial pages (10965) to (10966), and (41041) to (41042).

COUNTY JAILS

§ 95.220. Purpose.

 This subchapter is designed to encourage county prisons to develop and utilize local policies and procedures that are in keeping with existing State law and recognized professional standards for all sections addressed in this chapter.

   The provisions of this §  95.220 issued under section 506 of The Administrative Code of 1929 (71 P. S. §  186).

 The following words and terms, when used in this subchapter, have the following meanings unless the context clearly indicates otherwise:

   Department—The Department of Corrections of the Commonwealth.

   Health care professional—A medical doctor, doctor of osteopathy, physician’s assistant, registered nurse or licensed practical nurse licensed by the appropriate licensing board of the Department of State, Bureau of Professional and Occupational Affairs.

   Health care provider—An employe or contractor of the prison who is responsible for ensuring that adequate health care is provided to inmates.

   Health care screening—A process developed by the prison’s health care provider to assess inmates upon admission as set forth in written local policy.

   Health care training—Training required by the county prison’s health care provider as part of the prison’s health care delivery system as set forth in written local policy.

   Written local policy—Local policy that clearly explains practices and procedures to be followed, requires compliance therewith, and provides for enforcement thereof. The Department will review the policies when inspecting county prisons.

   The provisions of this §  95.220a issued under section 506 of The Administrative Code of 1929 (71 P. S. §  186).

 Each section sets forth minimum requirements, which are mandatory. For those counties achieving American Correctional Association accreditation using Adult Local Detention Facilities standards, this subchapter will be waived in its entirety. Section 95.232 (relating to medical and health services) will be waived for those counties which achieve National Commission on Correctional Health Care accreditation.

   The provisions of this §  95.220b issued under section 506 of The Administrative Code of 1929 (71 P. S. §  186).

 The following are the minimum requirements applicable to personnel at county prisons:

   (1)  Before being assigned duties, all corrections personnel shall be given training in their general and specific responsibilities, including the use of force, prohibition on the seeking and dispensing of favors to and from the inmate population and instruction in the facility’s code of conduct and ethics.

   (2)  Full time corrections personnel shall receive basic training from a training program approved by the Department within 12 months of assuming their duties.

   (3)  Part-time corrections personnel shall be provided training required under paragraph (1). Part-time corrections personnel who have not completed an approved training program under paragraph (2) may not be permitted to work without close supervisory direction by a person who has received the training.

   (4)  Written local policy shall provide for training and staff development as described in paragraphs (1)—(3).

   The provisions of this §  95.221 amended under section 506 of The Administrative Code of 1929 (71 P. S. §  186).

 The following are the minimum requirements applicable to admissions:

   (1)  With all admissions to the prison, commitment under proper legal authority and completeness of paperwork shall be verified.

   (2)  An inmate may not be admitted into the prison when it is determined that the inmate is in need of medical treatment that cannot be provided by the prison. In those cases, a written verification of treatment from a medical doctor shall be provided by the transporting authority prior to admission.

   (3)  Admission procedures relating to contraband searches, property disposition, notification and medical assessments and personal hygiene shall be specified in written local policy.

   (4)  As part of the admission process, basic personal information shall be obtained for identification and classification purposes. This basic information shall include:

     (i)   The name of the inmate.

     (ii)   Date of birth.

     (iii)   Race.

     (iv)   Gender.

     (v)   Social Security number.

     (vi)   State identification number (SID).

     (vii)   Country of birth.

     (viii)   Citizenship.

     (ix)   Any aliases.

     (x)   The previous address of the inmate.

     (xi)   A physical description of the inmate, including height, weight, hair, eye color and any scars or tattoos.

     (xii)   The occupation of the inmate.

     (xiii)   Education.

     (xiv)   Offense committed and a summary of the facts of the crime committed.

     (xv)   Religious affiliation.

     (xvi)   The date of commitment.

     (xvii)   Committing county.

     (xviii)   The authority for the commitment.

     (ixx)   Previous criminal record and any detainers.

     (xx)   The name and address of the person to be contacted in event of an emergency.

     (xxi)   Marital status and any children.

     (xxii)   Medical history, including any substance abuse.

     (xxiii)   The name and address of the inmate’s attorney.

   (5)  Upon admission, a copy of the rules of the prison shall be provided to each inmate.

   (6)  Written local policy shall specify how an inmate can notify a relative of the inmate’s location.

   The provisions of this §  95.222 amended under section 506 of The Administrative Code of 1929 (71 P. S. §  186).

   The provisions of this §  95.222 readopted May 18, 1979, 9 Pa.B. 1619; amended February 18, 2000, effective February 19, 2000, 30 Pa.B. 866. Immediately preceding text appears at serial pages (203076) and (261611) to (261612).

   Strip Search

 Minimum requirements. The minimum requirements for the orientation of prisoners shall be as follows:

   (1)  Every prisoner upon admission shall be provided with written information about the regulations of the institution.

   (2)  If the prisoner is illiterate, the information shall be conveyed to him orally.

   (3)  The orientation should include, but not necessarily be limited to, the following:

     (i)   Regulations covering the treatment of prisoners.

     (ii)   Rules of conduct for the institution.

     (iii)   Information regarding work programs, education and vocational training, counseling programs, and other institutional programs offered in the jail.

     (iv)   The following provisions apply to communications with the staff:

       (A)   The prisoner should know that he is allowed to make requests or enter complaints to the administrator of the jail or to a jail officer.

       (B)   The prisoner should know that he may make requests or enter complaints to the jail inspector during his inspection. He should be permitted to talk to the inspector without the administrator or other members of the jail staff being present.

       (C)   The prisoner should know that he is allowed to make a request or enter a complaint without censorship as to substance to the administrator, the judiciary or other proper authorities.

       (D)   Unless requests or complaints arising from such communication are obviously frivolous or groundless, the jail staff shall promptly deal with them.

     (v)   Information necessary to enable the prisoner to understand both his rights and his obligations.

     (vi)   Additional information necessary for the prisoner to adapt himself to the life of the institution.

 The minimum requirements applicable for institutional rules and regulations are as follows:

   (1)  Each jail shall have well phrased and reasonable rules and regulations. The rules shall be constructed so that they eliminate confusion in both the staff and the prisoner’s mind as to what behavior is correct. The regulations shall be constructed so that they inform the prisoners and staff how things are done in the jail and when and where activities take place.

   (2)  New prisoners shall be given information about the rules and regulations. Each new prisoner shall be told during orientation the standard of conduct which is expected.

   (3)  Jail rules and regulations shall be provided to inmates in the form of a printed manual.

   (4)  Each institution shall insure that its rules and regulations are constructed so that prisoners are assisted in following a course of conduct which is most likely to achieve the individual inmate’s correction and insure the security, control and orderly administration of the jail.

   (5)  An act viewed by jail personnel as inconsistent with the provisions set forth in paragraph (4) is a breach of discipline. The act shall subject the person committing it to some form of corrective measure, not necessarily punitive.

   (6)  Serious types of misconduct include: escape; introduction of hazardous contraband into the institution; assault with a weapon; agitation of group disturbance; and deliberate disobedience with marked disrespect.

   (7)  Other offenses may be accidental. They may occur through carelessness, a lack of a sense of values or poor judgment. Even so, the infraction may jeopardize the population, others nearby or be a threat to orderly administration. On the other hand, such an offense may only affect the individual offender, and, therefore, simply reflect a deficiency on his part.

   (8)  Jail rules and regulations shall be subject to change when necessary.

   (9)  The jail administrator should provide written rules for the guidance of all staff members. The information should include copies of all legislative acts pertinent to custody, control and treatment; plans and procedures for emergencies such as fire, escape and riot. A copy of the organizational chart for the institution approved by the jail administrator should also be provided.

   (10)  Each jail should establish particular assignments for jail officers while on duty.

   (11)  Specific post orders and duties for each assignment should include at least the following:

     (i)   Hours of duty.

     (ii)   Specific duties to be performed at particular times.

     (iii)   Time, methods and techniques to be followed in making security checks.

     (iv)   Time, methods and techniques to be followed in making counts.

     (v)   Specific responsibilities in case of fire, disturbances, attempted escapes or other emergencies.

 The following minimum requirements apply to classification:

   (1)  An inmate classification plan shall be documented in written local policy.

   (2)  This plan shall establish classification based on the degree of security risk and need for supervision. The classification plan shall specify the following:

     (i)   How the classification process is accomplished.

     (ii)   What process of appeals exist.

     (iii)   The review mechanism utilized.

     (iv)   Explicit procedures for reclassification.

   The provisions of this §  95.225 amended under section 506 of The Administrative Code of 1929 (71 P. S. §  186).

   The provisions of this §  95.225 readopted May 18, 1979, 9 Pa.B. 1619; amended February 18, 2000, effective February 19, 2000, 30 Pa.B. 866. Immediately preceding text appears at serial pages (203080) to (203081).

   Inmate has no liberty interest in remaining in general prison population. Even assuming a protected liberty interest, inmate received constitutionally sufficient process where plaintiff was personally interviewed upon arrival and initial decision was reviewed periodically. Doss v. Rapone, 601 F. Supp. 935 (E.D. Pa. 1985).

   Due to the broad discretion given county jail officials, this section does not create a protected Fourteenth Amendment liberty interest. Marshall v. Kozakiewicz, 601 F.Supp. 1549 (W.D. Pa. 1985).

 The following are the minimum requirements applicable to housing:

   (1)  Written local policy shall specify the process for segregation, removal or transfer of inmates requiring medical attention.

   (2)  An inmate who is mentally ill or known to have a contagious disease shall be separated from the general population.

   (3)  Female inmates shall be completely separated from male inmates. This does not preclude rehabilitative projects and food service assignments where male and female inmates could participate together with proper supervision.

   (4)  In determining housing adequacy, the following factors shall be considered:

     (i)   Climatic conditions.

     (ii)   Minimum floor space.

     (iii)   Heating.

     (iv)   Ventilation. Each room shall allow the entrance of fresh air.

     (v)   Lighting. Artificial light sufficient for inmates to read or work without injury to eyesight shall be provided.

     (vi)   Sufficient toilet facilities are required.

     (vii)   Bathing facilities shall be provided so that every inmate may use them as frequently as necessary for personal hygiene.

   (5)  All parts of the prison used by inmates shall be properly maintained and kept clean at all times.

   The provisions of this §  95.226 amended under section 506 of The Administrative Code of 1929 (71 P. S. §  186).

   The provisions of this §  95.226 readopted May 18, 1979, 9 Pa.B. 1619; amended February 18, 2000, effective February 19, 2000, 30 Pa.B. 866. Immediately preceding text appears at serial pages (203081) to (203082) and (253017).

   Administrative Segregation

   There is no provision in these regulations for a hearing to challenge a warden’s decision to place a prisoner in administrative segregation. Therefore, because the warden had unchecked power to place plaintiff in administrative segregation, the State did not create a liberty interest and plaintiff had no due process right to a hearing concerning placement and retention in administrative segregation. Williams v. Sweeney, 882 F. Supp. 1520 (E. D. Pa. 1995).

   Improper Housing

   Proper housing was not provided where the prison population often exceeded the maximum number of inmates that could be housed in cells and the inmates were housed on cots in the walkways outside the cells. Padgett v. Stein, 406 F.Supp. 287 (M.D. Pa. 1975).

   Where prisoners were housed on cots in the walkways outside the cells because of overcrowded conditions, it was impossible to house prisoners in groups according to their classification. Padgett v. Stein, 406 F.Supp. 287 (M.D. Pa. 1975).

   A pretrial detainee, who was stabbed by an inmate who had just been sentenced to death after a murder conviction, failed to establish that prison officials demonstrated deliberate indifference by violating a statutory provision stating that ‘‘[s]entenced prisoners should be housed separately from those who are only accused of having committed a crime,’’ where this provision of the Pennsylvania Code is not a mandatory requirement but rather is a recommended guideline, and where the pretrial detainee failed to present evidence that the prison officials had sufficient knowledge or notice of the risks of not following this recommendation guideline that not following it would equate to deliberate indifference. Faulcon v. Philadelphia, 18 F. Supp. 2d 537 (E. D. Pa. 1998).

   Rights of Prisoners

§ 95.228. Clothing.

 The following are the minimum requirements applicable to clothing:

   (1)  Written local policy shall provide for each inmate to receive suitable clean clothing including adequate footwear and underwear.

   (2)  Written local policy shall stipulate whether inmates may possess personal clothing.

   (3)  Written local policy shall determine whether a prison elects to store personal clothing. Personal clothing, if stored, shall be stored in a sanitary manner.

   The provisions of this §  95.228 amended under section 506 of The Administrative Code of 1929 (71 P. S. §  186).

 (a)  Minimum requirements. The minimum requirements regarding bedding for prisoners are as follows:

   (1)  Each prisoner shall be provided with a bed, mattress, sheets and blankets appropriate for the temperature.

   (2)  Each prisoner shall be provided a pillow and pillowcase.

   (3)  Sheets and pillowcases shall be cleaned on a weekly basis and before reissue.

   (4)  Blankets shall be laundered or sterilized on a regular basis.

   (5)  Mattresses shall have a waterproof and fire resistant cover and shall be sterilized on a regular basis for the maintenance of good hygiene.

   (6)  Pillows shall have a waterproof and fire resistant cover and be sterilized on a regular basis for the maintenance of good hygiene.

 (b)  Recommended guidelines. Some jails have canvas bunks. Each jurisdiction having such accommodations for prisoners should immediately take steps to provide the conventional jail bed and mattress. This shall be made a minimum requirement following a reasonable time to allow county authorities, in counties still having canvas bunks, to purchase and install the conventional bedding.

 (a)  Minimum requirements. The following minimum requirements are applicable for food services:

   (1)  Prisoners shall be provided three meals per day at the usual hours with food of nutritional value adequate for health and strength, of wholesome quality and well prepared and served.

   (2)  Jails which hold prisoners in excess of 48 hours shall have an onsite kitchen facility whose supervisor and cook shall be an employe of the facility and is competent to plan, purchase and prepare a nutritionally adequate diet. It is acceptable, however, for adequate food services to be provided by other approved sources, as for example, the county home or an outside caterer.

   (3)  Jails may contract with an outside firm to provide prepackaged meals on a full-time basis after a complete inspection and written approval from the Bureau of Correction, Division of County Correctional Services.

   (4)  The jail kitchen shall always reflect the highest standards of cleanliness, safety and sanitation.

   (5)  Jail staff and inmates shall be given a physical examination and certified to be free of communicable diseases before starting to work in the Food Service Department.

   (6)  The menus shall be designed to provide a daily diet, well balanced and nutritious. Menus shall be approved by a medical doctor. The services of a local dietician should be consulted, as for example the county home, county hospital or other acceptable facility having a qualified dietician.

   (7)  Eating utensils should be sterilized at a temperature of 180° F. Preferably a dishwasher should be used where the final rinse sterilizes. In the absence of a dishwasher, a three-compartmented stainless steel sink with a drainboard, one sink for washing, one for rinsing and the third for sterilization, may be substituted.

   (8)  Menus shall be developed several weeks or a month in advance and arranged in a nonmonotonous manner.

   (9)  Food shall be served as promptly as possible after it is prepared with hot foods served hot and cold foods cold.

   (10)  If the serving area is some distance from the kitchen, a heated or insulated food cart shall be used.

   (11)  If physical facilities permit, all prisoners shall be fed in a dining room or day room to assure good jail sanitation.

   (12)  Compartmented trays or paper plates and individual cups shall be utilized. More than one type of food should not be served in a noncompartmented tin bowl, or other type of individual container.

   (13)  If prisoners are fed in their cells, food trays and other eating utensils shall be removed from the cell as soon as the meal is finished.

   (14)  Food shall be stored in a proper manner to assure its freshness and to prevent spoilage and damage from insects and rodents.

 (b)  Recommended guidelines. Clean white hats, cloth or disposable paper throwaways, and clean white clothing should be worn by all food service workers.

 The following are the minimum requirements applicable to personal hygiene:

   (1)  Inmates shall be required to maintain proper hygiene standards.

   (2)  Inmates shall bathe at least twice a week.

   (3)  An inmate determined to be indigent shall be provided with articles to attain satisfactory personal hygiene.

   (4)  Inmate hair styles shall comply with sanitation and security policies of the prison.

   (5)  Female inmates shall be provided articles for feminine hygiene when needed.

   (6)  Written local policy shall provide a means for inmates to obtain clean clothing on a weekly basis.

   The provisions of this §  95.231 amended under section 506 of The Administrative Code of 1929 (71 P. S. §  186).

 The following are the minimum requirements applicable to medical and health services:

   (1)  Written local policy shall specify that all inmates admitted to the prison receive a health care screening performed and recorded by a person with health care training within 24 hours of admission. A record of the result of the examination shall be kept as a part of the permanent prison document.

   (2)  An inmate determined upon admission not to be in good health shall be assessed by a health care professional within 24 hours.

   (3)  Following review of the initial commitment screening by a health care professional, a medical history and physical shall be performed by the prison health care provider within 14 days following admission.

   (4)  Written local policy shall specify routine screening procedures utilized for infectious diseases, acute illness and suicide risk.

   (5)  Written local policy shall designate a health care provider responsible for control of the delivery of health care services including mental health services. A health care provider or professional shall have sole province on matters involving medical judgment.

   (6)  Written local policy shall provide that the health care provider report in writing on the health care delivery system to the prison providing information sufficient to demonstrate that adequate health care is being provided to inmates and review findings with prison administrators annually.

   (7)  Written local policy shall provide for an annual documented review of a prison’s health care delivery system by the prison and when necessary, revisions shall be made to each health care procedure and program by the prison.

   (8)  Written local policy shall provide for access to emergency care 24 hours a day for all inmates. A written plan shall outline onsite treatment, evacuation, transportation and security procedures and designate emergency facilities to be utilized.

   (9)  Written local policy shall provide for the management of pharmaceuticals.

   (10)  Written local policy shall provide for a suicide prevention and intervention program and shall outline the program review mechanisms utilized and staff training procedures for program implementation.

   The provisions of this §  95.232 amended under section 506 of The Administrative Code of 1929 (71 P. S. §  186).

   The provisions of this §  95.232 readopted May 18, 1979, 9 Pa.B. 1619; amended February 18, 2000, effective February 19, 2000, 30 Pa.B. 866. Immediately preceding text appears at serial pages (203085) to (203087).

   Cause of Action Stated

   If a prisoner alleged that prison authorities were informed of prisoner’s drug habit upon admission and prisoner requested medical treatment, but received no attention for 10 days and inadequate treatment thereafter, during which time prisoner went through a period of painful drug withdrawal, prisoner had stated a Federal claim upon which relief may be granted. United States ex rel Walker v. Fayette County, Pennsylvania, 599 F.2d 573, (3d Cir. 1979).

   Physical Examination

   This regulation requires that all prisoners receive a physical and mental examination upon admission to a county correctional facility, and that appropriate ongoing health care be provided. Therefore, plaintiff may have a cause of action against the person or persons at the county prison who were responsible for securing medical attention for prisoners if plaintiff can show that they were deliberately indifferent to a serious medical condition of which they were aware. Plaintiff had no claim, however, against an arresting officer for any failure timely or adequately to provide medical attention by officials at the prison to which plaintiff was committed because of the arrest. Murphy v. Snyder, No. 95-3149, 1995 U. S. Dist. LEXIS 7413 (E. D. Pa. May 31, 1995).

 (a)  Minimum requirements. The following are the minimum requirements relating to visiting prisoners:

   (1)  The jail shall publish rules and regulations concerning visits, letters and packages. The rules and regulations shall be provided for prisoners for sending to all persons on their approved list.

   (2)  Prisoners may not be denied visits or mail to family members or approved friends as punishment, unless the reason for the denial is due to serious violation of the visiting or mail rules and regulations or there is an obvious security threat.

   (3)  The length of a visit shall be no less than ½ hour every week and should be longer and more frequent if conditions permit.

   (4)  The children of a prisoner shall be able to visit him provided that the accompanying adult supervises them and keeps them under control.

   (5)  Periodic family visits in an open area shall be arranged if possible, as a privilege for selected prisoners. The selected prisoners shall meet conditions which all jail prisoners have an opportunity to attain.

   (6)  The jail administrator shall grant special visiting privileges to visitors who have travelled long distances, to those persons visiting seriously ill or injured prisoners and for other unusual circumstances.

   (7)  Visitors shall sign a register and show identification before being permitted to visit.

   (8)  The attorney and the minister of a prisoner shall be provided such surroundings during a visit that shall insure the privacy of their conversation.

 (b)  Recommended guidelines. The recommended guidelines governing visiting are as follows:

   (1)  Physical facilities, prisoner population, staff size and other factors place restrictions on visiting. Nevertheless, every effort should be made to schedule visiting periods 7 days a week and during some evening hours to make maximum use of the visiting room facilities and to enlarge the opportunity of the prisoner to maintain his contacts with the free community.

   (2)  Security shall be enforced during visits but the maintenance of security should be done in as professional a manner as possible so as not to discourage visiting.

   (3)  Prisoners should be able to make an occasional phone call, within staff and physical limitations of the jail, to his family, friends and attorney.

   The provisions of this §  95.233 readopted May 18, 1979, 9 Pa.B. 1619.

   Evidence

   Evidence insufficient to show regulation violated. Montagano v. Sweeney, No. 94-2959, 1995 U. S. Dist. LEXIS 6169 (May 4, 1995).

   Procedure

 The following are the minimum requirements applicable to inmate mail privileges. Inmates shall be permitted to send and receive mail consistent with the following:

   (1)  Incoming and outgoing mail may be examined for contraband.

   (2)  Incoming and outgoing mail to and from public officials, courts and attorneys will not be opened for purposes of examining for contraband unless the interested inmate is present.

   (3)  Incoming and outgoing mail to a person or entity may be read by the prison warden if reasonable grounds exist to believe that receipt of the mail is likely to jeopardize prison security or public safety and welfare, or both.

   (4)  The sending and receipt of mail shall be restricted or prohibited for valid penological reasons such as introduction of contraband, threats to security or the public, or when requested by intended recipients.

   The provisions of this §  95.234 amended under section 506 of The Administrative Code of 1929 (71 P. S. §  186).

   The provisions of this §  95.234 readopted May 18, 1979, 9 Pa.B. 1619; amended February 18, 2000, effective February 19, 2000, 30 Pa.B. 866. Immediately preceding text appears at serial pages (203088) and (261613).

   Inmate-to-Inmate Correspondence

 (a)  Minimum requirements. The following minimum requirements shall apply to work programs:

   (1)  Prisoners waiting trial and not sentenced in the jail shall not be required to work, except to keep their immediate area in the living quarters clean. However, a volunteer work program for unsentenced inmates should be developed.

   (2)  Prisoners sentenced to the jail shall be assigned work when it is available.

   (3)  All prisoners who work shall be paid. That pay may take the form of cash or credit toward pending court costs.

   (4)  The precautions laid down to protect the safety and health of workmen in the free society shall be equally observed in institutions. Proper clothing and tools shall be provided.

 (b)  Recommended guidelines. A good jail administrator shall utilize the furlough concept to enable selected prisoners to seek employment in the community.

 The following are the minimum requirements applicable to access to legal resources:

   (1)  To enable inmates to exercise their right of access to the courts, inmates shall be permitted access to adequate legal resources. Written local policy shall provide a means of assistance for an inmate that does not speak English.

   (2)  County wardens shall have discretion in determining the type of legal resources to be made available to ensure inmates can exercise their right to access to the courts.

   The provisions of this §  95.236 amended under section 506 of The Administrative Code of 1929 (71 P. S. §  186).

 (a)  Minimum requirements. Religion shall be governed by the following minimum requirements:

   (1)  Each prisoner shall be allowed to satisfy the needs of his religious life consistent with orderly administration of the jail.

   (2)  Religious services and counseling shall be on a voluntary basis.

   (3)  Scheduled religious services shall be held at regular intervals, in such a location and in such a manner that the prisoners who do not wish to participate are not exposed to the service.

   (4)  Prisoners requesting interviews and counseling regarding religious, personal or family problems with accredited clergy, nuns, seminarians and lay persons active in community church affairs shall be afforded this opportunity.

   (5)  Religious ornaments or medals pertinent to the beliefs of the prisoner shall be permitted in the jail and worn upon the person provided such ornaments or medals do not constitute contraband under the usual rules of the institution. Other religious paraphernalia should be permitted, provided it is kept and utilized in the living quarters of the prisoner and does not interfere with proper housekeeping and further provided that such paraphernalia does not constitute contraband under the usual institutional rules.

   (6)  Limited use of pork and pork products objectionable to certain religions shall be made in jail menus and menus will clearly indicate which foods contain any pork or pork products or were prepared with pork products.

   (7)  Insofar as it is possible, the religious activities of all groups shall be scheduled at times consistent with the religious beliefs of the group.

   (8)  Access to a person who has received ecclesiastical endorsement from his religious authority shall not be refused to any prisoner. If, however, any prisoner should object to a visit of any religious representative, his attitude shall be fully respected.

 (b)  Recommended guidelines. The recommended guidelines applicable for religion are as follows:

   (1)  Family and community participation in special religious activities should be permitted, subject to the requirements of security.

   (2)  Special food prepared and furnished from outside the jail may be allowed, provided it is required in the celebration of a major religious holiday.

   The provisions of this §  95.237 readopted May 18, 1979, 9 Pa.B. 1619.

   Religious Ornamentation

 The following are the minimum requirements applicable to recreation:

   (1)  Jails shall provide all prisoners at least 2 hours daily, physical exercise in the open, weather permitting. If the weather is inclement, each inmate shall have 2 hours physical exercise daily indoors.

   (2)  Written local policy shall describe the prison’s recreational programming for inmates.

   (3)  Physical exercise schedules for males, females and juveniles shall be arranged to provide for segregation. Jail administrators may separate inmates further based on age, vulnerability and other appropriate security criteria.

   (4)  Inmates under disciplinary status or segregation shall receive 1 hour of outdoor activity 5 days a week.

   The provisions of this §  95.238 amended under section 506 of The Administrative Code of 1929 (71 P. S. §  186).

 The following are the minimum requirements that apply to commissaries:

   (1)  County prisons may provide commissary services if the county so chooses.

   (2)  Funds associated with commissary services shall be audited and reported on an annual basis by an independent party using generally accepted accounting principles.

   The provisions of this §  95.239 amended under section 506 of The Administrative Code of 1929 (71 P. S. §  186).

 The following are the minimum requirements applicable to inmate disciplinary procedures:

   (1)  County prisons shall operate a disciplinary process that provides clear notice of prohibited behavior and consistently applied sanctions for violations of prison rules.

   (2)  Violation of prison rules may result in the imposition of discipline. Discipline may not be imposed unless the prisoner has been informed of the offense charged in writing, has had an opportunity to present a defense and has been found guilty of the charge by an impartial party or board designated by the prison administrator.

   (3)  Findings of guilt or innocence shall be made by an impartial party to be designated by the prison administrator. Findings shall be expressed in writing and based on information presented. Written findings of guilt shall state the reasons for the finding.

   (4)  Disciplinary charges and written findings shall be recorded and made a permanent part of an inmate’s prison file.

   (5)  Disciplinary sanctions imposed after a finding of guilt may include loss of privileges, segregation or other sanctions as set forth in written local policy.

   (6)  The imposition of discipline may not violate an inmate’s right to be free from cruel and unusual punishment.

   The provisions of this §  95.240 amended under section 506 of The Administrative Code of 1929 (71 P. S. §  186).

   The provisions of this §  95.240 readopted May 18, 1979, 9 Pa.B. 1619; amended February 18, 2000, effective February 19, 2000, 30 Pa.B. 866. Immediately preceding text appears at serial pages (222409) to (222410).

   Administrative Segregation

   There is no provision in these regulations for a hearing to challenge a warden’s decision to place a prisoner in administrative segregation. Therefore, because the warden had unchecked power to place plaintiff in administrative segregation, the state did not create a liberty interest and plaintiff had no due process right to a hearing concerning placement and retention in administrative segregation. Williams v. Sweeney, 882 F. Supp. 1520 (E. D. Pa. 1995).

   Procedure

   This regulation requires that an inmate be notified of the offenses charged against the inmate and the requirement that a hearing be held on the matter only applies to disciplinary actions and not situations where an inmate challenges their administrative segregation classification. Robinson v. Klotz, No. 94-1993, 1995 U. S. Dist. LEXIS 717 (E. D. Pa. January 23, 1995).

   Prisoner’s Rights

 (a)  Minimum requirements. The minimum requirements applicable for security are as follows:

   (1)  Generally. The following general provisions shall be in effect:

     (i)   Supervision on a 24-hour basis by trained personnel is required in jails housing any number of inmates. One jail officer with one additional officer on call for assistance shall be the minimum in all jails housing any number of prisoners up to ten. A jail having over ten inmates shall have at least two jail officers present for duty on the premises. In general, the minimum required custody ratio is one officer per shift for 15 inmates. For example, with a population 45, a jail shall have nine officers. An administrator may schedule those nine officers as he sees fit, as for example: four on the first shift; three on the second shift; and two on the third shift, or some other arrangement which would be appropriate to that particular jail. A good administrator, however, shall have a greater ratio than the minimum.

     (ii)   A matron or other qualified female employe shall be present in the jail, awake and alert at all times, while a female prisoner is in custody. The same minimum ratio for female prisoners as for male prisoners is required.

     (iii)   Sufficient jail officers shall be present in the jail, awake and alert at all times, to provide adequate supervision while prisoners are in custody.

     (iv)   A male jail officer shall enter the female area only in the presence of a matron.

     (v)   In an institution holding both men and women, the part used for women shall be under the authority of a responsible woman officer who shall have the custody of the keys to all that part of the institution.

     (vi)   Prisoners shall never be permitted to assume any authority whatsoever over other prisoners.

     (vii)   Prisoners assigned as trustees should be supervised.

     (viii)   If trustees leave the jail premises for any reason they shall be thoroughly searched upon their return.

     (ix)   Inmates with detainers should be assigned to trusty status only if jail staff is aware of the circumstances.

   (2)  Weapons. The following provision regarding weapons shall be in effect:

     (i)   In the event of a general emergency, appropriate emergency plans shall be followed in accordance with previously established procedures.

     (ii)   The following guidelines shall govern the use of weapons:

       (A)   Weapons shall not be carried in normal prison operation. Tower or outside security assignments are exceptions.

       (B)   Adequate weapons, to include batons and chemical mace, shall be available in a locked security area accessible to prison administrator or his designated representative.

       (C)   The jail administrator or an officer designated by the jail administrator shall determine the need for carrying concealed mace or exposed batons or the use thereof during any movement of prisoners. He shall base his determination upon the physical facilities, type and attitude of the offender, and the personal safety of self and fellow officers.

       (D)   Any use of the baton or chemical mace upon any prisoner shall be recorded in writing and be reported to the Department of Corrections, Division of County Correctional Services, in accordance with established procedures for extraordinary occurrences reports.

     (iii)   Personnel shall be trained in security measures and in the handling of special incidents such as assaults, generalized disturbances, fires, escapes, and the like.

     (iv)   Law enforcement personnel shall be provided with a locked security area for their weapons when visiting the jail. Personnel who normally carry weapons in their usual duties, including law enforcement officers, should be cautioned about leaving weapons inside cars in the prison parking area.

     (v)   Tear gas shall be used only as last resort to bring one or more prisoners under control. It shall be used only after thoroughly considering the hazards involved, including consideration for the area where it is to be used.

     (vi)   Permission to use tear gas shall be obtained from the jail administrator or an officer designated by him to supervise the use of tear gas.

     (vii)   Prisoners affected by tear gas shall be given a medical checkup as soon as possible after the incident is under control.

     (viii)   The key to the armory shall not be kept on the key board.

     (ix)   If the jail has a safe, the key to the armory shall be kept in it.

   (3)  Key control. The following provisions shall apply to the control of keys:

     (i)   Jail keys shall be stored in a secure locker when not in use, and a record of all keys shall be kept.

     (ii)   In addition to one set of keys in use, one or more sets shall be stored in a safe place.

     (iii)   Jail officers shall exercise every precaution while carrying keys or potentially dangerous articles in the presence of prisoners.

     (iv)   Under no circumstances will prisoners be permitted access to jail keys or personnel records or records of other inmates. This should not prevent inmates from having keys to personal lockers and honor cells if provided.

     (v)   Jail personnel shall be familiar with the locking system of the jail and shall be able to release prisoners in the event of a fire or other emergency.

     (vi)   If opening and closing cell block doors, all employes shall be alert to possible escape attempts.

     (vii)   Damaged or malfunctioning keys or locks shall be promptly repaired.

     (viii)   Ignition keys shall be removed from all motor vehicles in the jail parking area. Doors of motor vehicles shall be securely locked.

     (ix)   Cell block doors and doors opening into a corridor shall be kept locked, except when necessary to permit admission or exit of prisoners, visitors or employes.

     (x)   The key control center shall be the only place where keys may be checked in and out. It shall be secure from entry by prisoners.

     (xi)   The control center shall have a key book containing the following:

       (A)   The number of each key.

       (B)   The trade name of each lock and its location.

       (C)   The number of keys available for each lock.

     (xii)   Key rings shall contain either inside or outside keys, but not both.

     (xiii)   Lock malfunctions shall be reported immediately.

     (xiv)   Lock changes shall be reported immediately.

     (xv)   Prisoners shall never be permitted to handle keys.

   (4)  Control of contraband. The following shall apply to the control of contraband:

     (i)   Jail personnel shall understand what articles are considered to be contraband.

     (ii)   Prisoners shall be searched when they are admitted to the jail and periodically while confined.

     (iii)   Cells shall also be searched for contraband that has been missed or that somehow has found its way into the cell.

     (iv)   Prisoners permitted to leave the jail under a work program, to appear in court or for any other reason shall be searched before re-entering the jail.

     (v)   Both unoccupied and occupied cells shall be searched for contraband frequently but not according to a set and regular routine.

     (vi)   Unoccupied cells shall be kept locked at all times.

     (vii)   Eating utensils shall be accounted for and returned to the kitchen after each meal.

     (viii)   An officer shall be subject to search upon entering or leaving the jail.

     (ix)   Prisoners may not assist in searching of cells or in other security inspections.

   (5)  Use of physical force. The following shall govern the use of physical force:

     (i)   Physical force may not be used on prisoners unless necessary, and then only that amount of physical force which is required to achieve the purpose is justified.

     (ii)   The use of necessary physical force shall be restricted to the following situations:

       (A)   If absolutely necessary in self-defense or to prevent an assault on staff or other prisoners.

       (B)   To prevent escapes.

       (C)   To prevent serious destruction of property.

     (iii)   When physical force is used, an extraordinary occurrence report shall be written and filed with the Department of Corrections, Division of County Correctional Services.

   (6)  Emergency plans. The following shall govern emergency plans:

     (i)   Every jail shall have a written emergency plan. It is impossible to develop a single emergency plan that is useful for every jail.

     (ii)   Each plan shall contain basic information and instructions for all jail officers, to include at least the following:

       (A)   To whom shall the emergency be reported.

       (B)   Who is in charge.

       (C)   A description of duties for each kind of emergency.

       (D)   How these duties in an emergency are coordinated with the duties of other jail personnel.

       (E)   How to use emergency equipment.

       (F)   Outside police or other agencies to be contacted.

   (7)  Instruments of restraint. The following shall govern the use of instruments of restraints:

     (i)   Instruments of restraint, such as handcuffs, chains, irons, come-a-longs and straitjackets, may not be used as a punishment.

     (ii)   Instruments of restraint may be used in the following circumstances:

       (A)   As a precaution against escape during a transfer.

       (B)   On medical grounds by direction of a medical doctor.

       (C)   By order of the jail administrator or his appointed representative, if other methods of control fail, in order to prevent a prisoner from injuring himself or others or from damaging property; in such instances the jail administrator or his representative shall at once consult a medical doctor.

     (iii)   Instruments of restraint may not be applied for a longer length of time than is absolutely necessary. Use of restraints shall be recorded on inmate’s file.

     (iv)   Whenever instruments of restraint are used outside of the process of prisoner transportation or for medical reasons within a hospital setting, a written extraordinary occurrence report shall be prepared and submitted to the Department of Corrections, Division of County Correctional Services.

   (8)  Tools. The following shall govern the use of tools:

     (i)   The work supervisor shall determine that the prisoner knows how to use the tools that are issued to him.

     (ii)   The work supervisor is responsible for insuring that the prisoners have been instructed in safety procedures.

   (9)  Prison provided transportation. The following shall govern transportation that is provided by prison officials:

     (i)   Vehicles used to move prisoners shall have adequate ventilation, lighting and shall be safe.

     (ii)   The prisoner may not be subjected to unnecessary physical hardships during the period of transportation.

     (iii)   The escort officer shall treat the prisoner firmly, but humanely and with consideration for his dignity and status as a human being.

     (iv)   The escort officer shall search the prisoner before any restraints are placed upon him.

     (v)   Restraints used shall be checked at intervals for security.

     (vi)   Firearms carried by the escorting officer shall be concealed and continuously protected so that they may not be taken by the prisoner.

     (vii)   Should a prisoner escape, the nearest law enforcement agency shall be notified.

 (b)  Recommended guidelines. The recommended guidelines for security are as follows:

   (1)  Generally. The following general provisions are recommended guidelines:

     (i)   Trustees should leave the jail proper only when accompanied by an officer.

     (ii)   Articles which may be converted into weapons should be removed from within reach of prisoners unless the article is being used by an inmate for an authorized purpose. Security type safety razors or battery type razors shall be used and removed from cell areas when not in use.

     (iii)   Keys should always be kept covered.

   (2)  Tools. The following are the recommended guidelines for tools:

     (i)   A receipting system for issuance of tools to employes should be maintained.

     (ii)   Tools of outside maintenance men should be carefully checked upon admittance to the jail and when they depart.

     (iii)   Prisoners should be allowed to use tools only under supervision.

     (iv)   Tools used within the jail or belonging to the jail should be numbered and recorded. They should be kept in a locked tool-storage area which is secure and is located outside the security perimeter of the jail.

     (v)   Tools should be checked out by the work supervisor.

     (vi)   Tools are returned at the end of the working day.

     (vii)   Tools should be inspected when returned.

   (3)  Counting procedures. The following are the recommended guidelines regarding counting procedures:

     (i)   A recorded inmate headcount should be made at least four times daily.

     (ii)   At least one official count should be made on each shift. In addition, any time there is mass movement of prisoners from one area to another, an official count should be made.

     (iii)   During the count the recommended guidelines are as follows:

       (A)   Prisoners should not move about.

       (B)   The officer making the count should be able to see the prisoner he is counting.

       (C)   Only a jail officer should conduct a count.

       (D)   Interruptions should not be permitted during the count.

     (iv)   Spot checks should be made at irregular intervals, both day and night.

   The provisions of this §  95.241 readopted May 18, 1979, 9 Pa.B. 1619.

   Firearms

   A corrections officer’s ability to carry a firearm, except for emergency assignment was merit-related for purposes of The Civil Service Act. Bureau of Correction v. Yancey, 481 A.2d 702 (Pa. Cmwlth. 1984).

   Force Appropriate

   Given the fact that a riot was taking place, and four unarmed corrections officers were, quite literally, put in fear of their lives, it was imperative that forceful action be taken immediately to prevent a prisonwide riot that would threaten the lives of not only these four correction officers, but also of others. The measured force used by the corrections officers in quelling this disturbance was palpably a good-faith effort to maintain or restore discipline and did not violate plaintiff’s liberty interest under the Fourteenth Amendment. Johnson v. Gallagher, No. 93-0782, 1994 U. S. Dist. LEXIS 774 (E. D. Pa. January 28, 1994).

   Improperly shackling an inmate to the bars of a gate and shackling the inmate to a desk for purposes of physical abuse constituted violations of State regulations governing the use of instruments of restraint. Musser v. County of Centre, 515 A.2d 1027 (Pa. Cmwlth. 1986).

   The actions by two prison guards towards a prison inmate violated State administrative regulations which set forth specifically limited circumstances, including the need to protect persons or property or to prevent escape, under which a prison inmate may be subjected to physical force and instruments of restraint. County of Centre v. Musser, 548 A.2d 1194 (Pa. 1988).

   Physical Force—Excessive

   Actions by prison guards, including wrestling a prisoner to the ground and thrusting a pillowcase full of shaving cream over the inmate’s head, applying BenGay to the inmate’s genitals and inserting a 2-inch spout from a bottle filled with water into his anus were in contravention of State regulations governing use of physical force. Musser v. County of Centre, 515 A.2d 1027, 1029 (Pa. Cmwlth. 1986).

   Searches

   Since this section required the warden to periodically search inmates and their cells for contraband, the prison officials may decide whether the search should be conducted during a prison-wide lockup or whether some less restrictive means was appropriate. Saunders v. Packel, 436 F. Supp. 618 (E. D. Pa. 1977).

   Supervision of Inmates

 Minimum requirements. The following are the minimum requirements applicable to extraordinary occurrences reports:

   (1)  Extraordinary occurrences which involve or endanger the lives or physical welfare of jail officers or prisoners in the jail shall be reported to the Division of County Correctional Services, Department of Corrections, in writing on a form supplied by the Division within 48 hours.

   (2)  Extraordinary occurrences shall include the following:

     (i)   Death, including suicide or homicide, even if the person was transferred to a hospital before death occurred and thus did not actually expire in the jail.

     (ii)   Attempted suicide.

     (iii)   Escape.

     (iv)   Attempted escape.

     (v)   Fire.

     (vi)   Riot or serious disturbances.

     (vii)   Serious injuries.

     (viii)   Assault on officers.

     (ix)   Use of mace or gas.

     (x)   Use of instruments of restraint, other than in the transportation of prisoners and for medical reasons in a hospital setting.

     (xi)   Physical force used on a prisoner.

     (xii)   Outbreak of infectious diseases.

 (a)  Minimum requirements. The following are the minimum requirements governing treatment services:

   (1)  Jails shall provide counseling services to the inmate population. Subject to the size of the inmate population, counseling services shall be available a minimum number of hours per week and may be offered by paid, qualified counselors; by negotiating contracts with existing public or private qualified agencies; by the use of professional volunteers; by self-help groups; or by a combination of any or all of these. The services shall be given by or be under the supervision of a qualified counselor, who may be hired on a part-time basis, according to the size of the inmate population, or who may be employed by a qualified agency with whom the jail contracts for services. Counseling shall include group and individual counseling of a general nature; vocational rehabilitiation counseling; social casework and group work, including self-help groups such as Alcoholics Anonymous and similar groups; testing and clinical psychological services; and psychiatric services. A qualified counselor is one who has preferably a Master’s Degree, but no less than a Bachelor’s degree in one of the behaviorial sciences and who meets the minimum standards of the profession for the job he or she is performing. A contracting agencymay be either public or private, provided the employes who perform the services in the jail meet the standards for qualified counselor. A professionally qualified volunteer counselor is one who meets the standards for qualified counselor, is professionally employed or retired, and who volunteers his or her services.

   (2)  Counseling services shall be provided on the following basis:

     (i)   In jails with an average daily inmate population of ten or less, the administrator shall submit a letter to the Department of Corrections, Division of County Correctional Services, explaining how all inmates have access to counseling services.

     (ii)   Jails with an average daily inmate population of under 25 but over ten shall provide no less than eight hours of counseling services per week.

     (iii)   Jails with an average daily inmate population of under 50 but over 25 shall provide no less than 16 hours of counseling services per week.

     (iv)   Jails with an average daily inmate population of under 75 but over 50 shall provide no less than 40 hours of counseling services per week.

     (v)   Jails with an average daily inmate population of under 175, but over 75 shall have two full-time treatment personnel, one of whom shall be the treatment supervisor. Counseling services shall be available no less than five days per week. The treatment supervisor shall coordinate all counseling programs, the use of self-help groups, involve local qualified agencies both by promoting professional volunteers and by contracting for needed services, as well as provided services himself or herself. The treatment supervisor shall meet the minimum standards for qualified counselor. In jails where a classification committee exists, the treatment supervisor shall be a member of the classification committee.

     (vi)   Jails with an average daily inmate population of 175 or more shall have, in addition to the treatment supervisor, one qualified counselor for every 75 inmates over the first 75. His duties shall be to provide direct services and help the overall treatment program under the direction of the treatment supervisor.

   (3)  The jail administrator shall develop a written plan as to how he plans to meet the minimal treatment standards and send it to the Department of Corrections, Division of County Correctional Services. Qualifications set forth in this section do not apply to personnel currently employed in treatment services if they pursue courses leading to the above stated qualifications.

   (4)  If the jail administrator is faced with unusual problems which make it unfeasible or impossible to meet the minimum requirements for treatment services, he or she should write to the Department of Corrections, Division of County Correctional Services and request an appropriate alternative.

   (5)  Jails not required to hire full-time treatment personnel may meet the minimum requirements by complying with the following:

     (i)   Hiring a part-time counselor.

     (ii)   Contracting with an existing qualified agency.

     (iii)   Utilizing the services of a professionally qualified volunteer.

   (6)  Jails not required to hire full-time treatment personnel shall appoint a liaison person to help the counselor or counselors operate in the jail with a maximum of efficiency and effectiveness and the minimum of red-tape. This liaison person may be the warden or some employe designated by the warden. Volunteers shall undergo a training and orientation program supervised by the warden.

   (7)  Jails shall have each prisoner interviewed as soon as possible after admission.

   (8)  On the basis of the initial interview, and with the aid of psychological testing if deemed necessary and feasible, a treatment plan shall be developed and discussed with the inmate. Within reasonable limits, the inmate should have the right to accept or refuse the treatment.

   (9)  An unsentenced inmate shall have the right to refuse treatment without qualification.

   (10)  If an inmate is found to be psychotic or otherwise mentally disturbed, he or she shall not be treated in the jail, but shall be transferred to a mental health facility in accordance with the provisions of the Mental Health Act (50 P. S. §  4412).

 (b)  Recommended guidelines. The following are the recommended guidelines for treatment services:

   (1)  Wherever possible, a sufficient number of other specialists such as psychologists, social workers, teachers, and trade instructors should be provided.

   (2)  Good jail administrators shall encourage diversionary measures wherever possible. The progressive administrator shall strive to make maximum use of community treatment centers, release on recognizance, bail bonding, and any other programs which shall protect the public and at the same time serve the best interests of justice.

   The provisions of this §  95.243 readopted May 18, 1979, 9 Pa.B. 1619.

   Treatment Services

 Recommended guidelines. The following are the recommended guidelines for community involvement:

   (1)  Community involvement with the jail and involvement of personnel and selected inmates in community activities should be encouraged. This may include the following:

     (i)   Tours of facilities by church groups, college classes, fraternal, civic and other responsible organizations. Such tours shall be conducted not only for viewing the physical plant, but as a means of interpreting treatment programs and correctional needs. Every effort should be made during such tours to respect the privacy of prisoners desiring such.

     (ii)   Participation of community organizations in meaningful institutional programs.

     (iii)   The use of volunteers who are trained and supervised in structured activities.

     (iv)   Speaking engagements by jail administrator and staff.

     (v)   Participation in community activities by inmate speakers, panels, choirs, and sports teams.

   (2)  Members of the news media with proper credentials should be encouraged to visit the jail. Such occasions should be utilized by the jail administrator, custodial, and professional staff to orient newsmen to jail management, inmate behavior, rehabilitation efforts, and to problems and limitations of the jail.

 Recommended guidelines. The following are the recommended guidelines for incoming publications:

   (1)  The jail administrator should give a wide latitude in allowing outside magazines, newspapers, reference materials, training manuals, religious tracts and pamphlets, fiction and nonfiction books, and legal publications to enter the jail whether a part of the library or as personal inmate purchase.

   (2)  A decision to declare a publication unacceptable should be based on a clear showing that admission of the publication shall jeopardize the discipline and good order of the jail.

   (3)  All prisoners should be permitted a reasonable quantity of reading materials and all legal materials necessary for research or preparation of his or her case, to be retained in his or her cell, locker, or dormitory. Neatness and good order should be of primary concern rather than a specified number of publications. Excessive quantities should be disposed of by amicable agreement with the inmate if at all possible.

 Minimum requirements. The following are the minimum requirements for investigations of deaths of prisoners or jail staff:

   (1)  Whenever a prisoner or staff member dies within the jail or on jail property, whether the death be from suicide, violence, accident, or natural causes, an investigation by the local police or an appropriate law enforcement agency shall be requested. An extraordinary occurrence report shall be filed with the Department of Corrections, Division of County Correctional Services.

   (2)  The jail administrator or staff person in charge shall contact the county coroner and the local police via telephone and request an immediate investigation when notified of the death of a prisoner or a jail employe. A follow-up written request shall be made to the police or other law enforcement agency with an additional request that a copy of the investigation report be forwarded to the Department of Corrections, Division of County Correctional Services.

 Minimum requirements. The following are the minimum requirements governing notification of death of a prisoner, next of kin of a prisoner, or the transfer of the prisoner:

   (1)  A prisoner shall be informed at once of the death or serious illness of a family member. In such cases, if the family member resides in Pennsylvania, the prisoner may be authorized to go to the funeral or bedside either under escort or alone, with court approval.

   (2)  Upon the death or serious illness or serious injury to a prisoner, or his removal to an institution for the treatment of mental illness, the jail administrator shall at once inform the spouse, or nearest relative or other person previously designated by the prisoner.

   (3)  Every prisoner shall have the right to notify at once his family of his transfer to another institution. If the prisoner lacks funds, he shall be given a free letter to notify the family.

 Minimum requirements. The following minimum requirements shall apply to sanitation and safety:

   (1)  Local codes relating to fire, health and safety shall be followed.

   (2)  If available, fire safety standards shall follow guidelines of the local fire department. Otherwise a fire extinguisher, or hose assembly connectable to available water outlet, shall be required on every floor of the jail.

   (3)  If available, a fire safety plan shall be developed with the local fire department and evidence of this arrangement shall be on file.

   (4)  Jails shall follow the regulations set forth by the Department of Labor and Industry for safety standards and fire regulations.

   The provisions of this §  95.248 readopted May 18, 1979, 9 Pa.B. 1619.

   The provisions of these sections § §  95.301—95.303 adopted May 31, 1974, effective June 1, 1974, 4 Pa.B. 1084; reserved February 17, 1984, effective February 18, 1984, 14 Pa.B. 534, unless otherwise noted. Immediately preceding text appers at serial pages (49243), (49262) to (49263) and (16856) to (16857).

Subchapter C. GRANTS TO COUNTIES FOR
PRISON CONSTRUCTION

Sec.

 The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   Act—The Prison Facilities Improvement Act (61 P. S. § §  390.101—390.1303).

   Application for completed construction—The term includes an application for a grant for work completed 5 years before the date of the grant application.

   Application for funds—An application for funding for construction occurring after December 21, 1989 and for work begun 5 years prior to the date the county submitted a letter to the Department indicating an intent to apply for grant funds.

   Applicant—A county or multicounty regional authority.

   Construction—The preparation of drawings and specifications for facilities; erecting, building, altering, demolishing, remodeling, improving or extending the facilities; and the inspection and supervision of the construction of the facilities. The term does not include an interest in land.

   Department—The Department of Corrections of the Commonwealth.

   Expansion of a prison facility—The construction or renovation of a local correctional facility that increases available bed space. The term includes improving support facilities that directly relate to an increase in the number of inmates that may be housed.

   Grant agreement—A grant application signed by county officials who are empowered to legally and financially obligate the county to a contractual relationship between the county and the Commonwealth, which when executed obligates the county and its officials to comply with this chapter and representations made in the application.

   Local correctional facility or prison facility—A jail, prison or detention facility operated by a county or jointly by more than one county and used for the confinement of persons for safe custody. The term does not include a facility used for the detention or confinement of juveniles.

   Matching funds—Funds that are generated by the county government either through taxes or the sale of municipal matching funds bonds, or county funds expended or committed for the development of an Intermediate Punishment Plan and the operation of an Intermediate Punishment Program under the act. The term does not include funds received from the State or Federal governments through subsidy, grants or entitlement.

 The three categories of grants are described as follows:

   (1)  Past work. A grant is available to a county which has completed an expansion of its prison facilities within 5 years of the date of the grant application as defined by section 714(4) of the act (61 P. S. §  390.714(4)). An application for these funds shall be received by the Department from September 1, 1991 to December 31, 1991. These grants will not exceed $1 million, and the grants shall be matched by funding in a like amount by the county from county funds. A grant will not be awarded until the applicant submits an intermediate punishment plan to the Commission on Crime and Delinquency, as required by the County Intermediate Punishment Act (61 P. S. § §  1101—1114). An application for a grant shall be divided into individual sections, providing the following information, and in the following order:

     (i)   Description of project. A description of the county correctional system including: existing community corrections, diversion or related programs, age of facilities, staffing of facilities, court orders that were filed before July 1, 1990 against the county concerning the correctional facility or the conditions of confinement. The description shall include the rated capacity of the facilities as of July 1, 1990, and how the rated capacity is determined. Priority will be given to an applicant which was at or exceeding 115% of rated capacity as of July 1, 1990.

     (ii)   Amount of grant. The amount of the grant being requested.

     (iii)   Amount of previously expended funds. The amount of funds expended by the applicant for the repair, expansion, construction, reconstruction, rehabilitation and improvement of local correctional facilities and the source of the funds (Federal, State, county or other), to include a detailed description of the capital expenditures.

     (iv)   Other. Other information the applicant wishes to provide.

   (2)  Future work. Grants are available for the repair, expansion, construction, reconstruction, rehabilitation or improvement of county correctional facilities and the purchase of electronic monitoring equipment begun after December 21, 1989. An application for these grants shall consist of individual sections, providing the following information, and in the following order:

     (i)   County correctional system. A description of the county correctional system, including age of facilities, court orders that were filed before July 1, 1990, staffing of facilities and rated capacity of the facilities and how the rated capacity is determined.

     (ii)   Problem. A description of the problem that the grant will address.

     (iii)   Solution. A description of the proposed solution to the problem. The relationship of the solution to the problem identified for which funds are requested shall be included in this section.

     (iv)   Measurement of success. A description of how the success of the proposed solution may be measured.

     (v)   Previous efforts. Previous efforts to address the problem and the success. This shall include a description of programs intended to or having the effect of reducing the need for construction or expansion of the county correctional facility, such as county earned time, work release, and the like.

     (vi)   Grant amount requested. The amount of the grant being requested.

     (vii)   Inmate population. The facility population as of July 1, 1990.

     (viii)   Funds expended. The amount of funds expended, or to be expended by the applicant for the repair, expansion, construction, reconstruction, rehabilitation and improvement of local correctional facilities for 3 years prior to the application. The source of the funds (Federal, State, county or other) to be expended shall be provided in the form of a cost plan that clearly specifies the anticipated costs of the project. See ‘‘matching funds’’ in §  95.403 (relating to definitions). If the county plans to utilize the funds expended in the establishment or creation of a county Intermediate Punishment Plan, a copy of the Intermediate Plan shall be attached to the grant application.

     (ix)   Other. Other information the applicant wishes to provide.

   (3)  Combination of past and future work. Grants are available for prison expansion that began before December 21, 1989 and was not completed until after December 21, 1989. These grants will combine the statutory limitation of $1 million and equal contribution for work and costs initiated before December 21, 1989, and the statutory grant limitation for reimbursement in a like amount of the total grant awarded for expansion or improvement for work completed after December 21, 1989. Applications for the grants shall consist of individual sections, providing the following information:

     (i)   A description of the project.

     (ii)   The amount of previously expended funds.

     (iii)   The county correctional system.

     (iv)   The problem.

     (v)   The measurement of success.

     (vi)   Previous efforts.

     (vii)   The grant amount requested.

     (viii)   The inmate population.

     (ix)   Other information.

 (a)  Grants for completed construction will be awarded first and will not exceed $1 million per applicant. The date of the grant application may be fixed by submitting a letter to the Department expressing interest in receiving a grant.

 (b)  A grant approved by the Department shall be matched by funding in a like amount by the county from county funds. If Federal funding becomes available for the construction of local correctional facilities, both the county shares shall be reduced in like proportion. Prior to receiving the grant proceeds, the applicant shall give evidence that matching funds—excluding in-kind services, land or equipment—for the project were utilized for completed construction or are available and committed for projects begun after December 21, 1989.

 (c)  The award of the grant is contingent upon the applicant’s signing of a grant agreement provided by the Department and funds being available in the Local Criminal Justice Fund as defined in section 708 of the act (61 P. S. §  390.708).

 (a)  The applicant shall maintain books, records and other evidence pertinent to costs incurred in connection with the grant project. The books and records shall be mainitained according to generally accepted accounting principles.

 (b)  Financial records, supporting documents, statistical records and other records pertaining to the grant project shall be retained by the applicant for 3 years following the date payment is made. The records and documents shall be available for inspection or audit by the Commonwealth, its agencies and instrumentalities.

 (c)  The applicant shall provide the Department reports on the progress of the grant project as requested, at least annually.