PRINTER'S NO. 487
No. 467 Session of 1999
INTRODUCED BY ZUG, GEIST, HERSHEY AND SAYLOR, FEBRUARY 9, 1999
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 9, 1999
AN ACT
1 Regulating private correctional facilities; providing for
2 contracts with, licensing of and employee status for private
3 correctional facilities; and imposing powers and duties on
4 the Department of Corrections.
5 TABLE OF CONTENTS
6 Chapter 1. Preliminary Provisions
7 Section 101. Short title.
8 Section 102. Declaration of policy.
9 Section 103. Definitions.
10 Chapter 3. Private Correctional Facilities and Security
11 Services
12 Section 301. Facilities and services.
13 Section 302. Licensure.
14 Section 303. Contract requirements.
15 Section 304. Duties of contract monitor.
16 Section 305. Maximum capacity of facility.
17 Section 306. Police power.
18 Section 307. Labor disputes.
19 Section 308. Emergencies.
1 Section 309. Inspections.
2 Section 310. Regulations.
3 Section 311. Violations of contract.
4 Chapter 5. Enforcement
5 Section 501. License revocation.
6 Section 502. Criminal penalty.
7 Chapter 11. Miscellaneous Provisions
8 Section 1101. Annual reports.
9 Section 1102. Other statutes.
10 Section 1103. Effective date.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 CHAPTER 1
14 PRELIMINARY PROVISIONS
15 Section 101. Short title.
16 This act shall be known and may be cited as the Private
17 Correctional Facilities Act.
18 Section 102. Declaration of policy.
19 The General Assembly finds and declares as follows:
20 (1) The incarceration of prisoners is primarily a
21 government function.
22 (2) The private sector, which has demonstrated an
23 ability to provide government services in an efficient and
24 innovative manner, may serve a valuable role in helping the
25 government operate its corrections system.
26 (3) The private sector can best serve the corrections
27 system of the Commonwealth by operating minimum security
28 private correctional facilities for the incarceration of low-
29 risk offenders sentenced to a term of imprisonment in a
30 county prison.
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1 Section 103. Definitions.
2 The following words and phrases when used in this act shall
3 have the meanings given to them in this section unless the
4 context clearly indicates otherwise:
5 "Contract monitor." An employee of a county who shall be
6 assigned to a private correctional facility or facility where
7 private security services are provided.
8 "Department." The Department of Corrections of the
9 Commonwealth.
10 "Private contractor." A person who owns or operates a
11 private correctional facility.
12 "Private contractor for security services." A private
13 contractor who provides security services to a correctional
14 facility owned by a county.
15 "Private correctional facility." An adult correctional
16 facility for the incarceration of low-risk offenders, owned or
17 operated by a private contractor.
18 "Security services." The provision of corrections officers.
19 CHAPTER 3
20 PRIVATE CORRECTIONAL FACILITIES AND
21 SECURITY SERVICES
22 Section 301. Facilities and services.
23 (a) Contracts by counties.--A county may enter into
24 contracts with private contractors in accordance with this act.
25 (b) Out-of-State contracts.--No private correctional
26 facility licensed under this act may incarcerate inmates from
27 states other than this Commonwealth.
28 Section 302. Licensure.
29 (a) Requirement.--A private contractor operating within this
30 Commonwealth must hold a valid license issued by the department.
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1 (b) Licensure criteria.--The department shall have the
2 authority to establish criteria for licensure under this
3 section.
4 (c) Term and content.--Licenses issued by the department
5 shall be on a form prescribed by the department, shall not be
6 transferable, shall be issued only for the private correctional
7 facility or contracted-for private security services named in
8 the application and shall specify the maximum number of
9 individuals who may be housed in the facility at one time. The
10 license shall be posted in a conspicuous place on the licensee's
11 premises.
12 (d) Fees.--Licenses and inspection fees shall be established
13 by the department.
14 Section 303. Contract requirements.
15 (a) Provisions enumerated.--A contract executed under this
16 act shall include the following terms:
17 (1) The posting of an adequate performance bond by the
18 private contractor.
19 (2) Proof of adequate insurance.
20 (3) A requirement that the private contractor comply
21 with regulations of the department and with this act.
22 (4) A requirement of contract approval by the county
23 solicitor.
24 (5) A plan developed by the private contractor detailing
25 all aspects of operations in the private correctional
26 facility or in the provision of security services.
27 (6) A requirement of annual contract review by the
28 county solicitor.
29 (7) Proof that the private contractor holds a license
30 issued by the department.
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1 (8) A requirement of access by the county to all records
2 of the private contractor.
3 (9) A requirement that the county provide a contract
4 monitor at the private correctional facility or facility
5 where private security services are provided.
6 (b) Approval by county solicitor.--The contract must be
7 approved by the county solicitor. Contract approval shall be
8 conditioned upon all of the following:
9 (1) The private contractor's assumption of liability
10 caused by or arising out of all aspects of the ownership or
11 operation of the private correctional facility or the
12 provision of security services, including, but not limited
13 to, escape or other emergency situations, legal fees and
14 damage awards, involving the private contractor and the
15 county.
16 (2) Liability insurance covering the private contractor
17 and its officers, employees and agents in an amount
18 sufficient to cover liability arising out of the ownership or
19 operation of a private correctional facility or the provision
20 of security services. A copy of the proposed insurance policy
21 for the first year shall be submitted for approval with the
22 contract.
23 (c) Disapproval by county solicitor.--Disapproval of the
24 contract may be based on any reasonable grounds, including, but
25 not limited to, the following:
26 (1) Inadequacy or inappropriateness of the proposed plan
27 of operation.
28 (2) Failure to comply with department regulations and
29 with this act.
30 (3) Unsuitability of the proposed private contractor or
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1 its employees.
2 (4) Absence of required or desired contract provisions.
3 (5) Unavailability of adequate funds.
4 (6) Lack of proof of appropriate insurance.
5 (7) Absence of licensure by the department.
6 (d) Termination.--The contract shall provide for termination
7 for cause by the Commonwealth or a county upon 90 days' notice
8 to the private contractor. Termination shall be allowed for
9 reasons which include, but are not limited to, the following:
10 (1) Failure to be licensed or to comply with regulations
11 of the department.
12 (2) Failure to meet other contract provisions.
13 (3) Failure to meet the provisions of this act.
14 Section 304. Duties of contract monitor.
15 The contract monitor shall have the duty to:
16 (1) Monitor compliance of the private contractor with
17 terms of the contract.
18 (2) Supervise the administration of misconducts,
19 discipline and earned time within the correctional facility.
20 (3) Coordinate prerelease and parole release functions.
21 Section 305. Maximum capacity of facility.
22 A private correctional facility may not exceed a capacity of
23 250 inmates.
24 Section 306. Police power.
25 Security personnel employed by private contractors shall be
26 deemed peace officers under section 2.1 of the act of May 16,
27 1921 (P.L.579, No.262), referred to as the County Prison Board
28 Law.
29 Section 307. Labor disputes.
30 (a) Notice.--
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1 (1) A private contractor shall notify the county and the
2 department 60 days prior to the termination of a labor
3 contract.
4 (2) A private contractor shall notify the county and the
5 department immediately upon learning of a potential or
6 impending strike.
7 (b) Assistance.--In the event of a strike, the department
8 shall assist a county to assume operation of the private
9 correctional facility and shall use Commonwealth emergency
10 resources necessary to operate the facility until the strike has
11 ended.
12 (c) Costs.--Costs incurred by the Commonwealth, the
13 department or a county shall be reimbursed by the private
14 contractor.
15 Section 308. Emergencies.
16 (a) Notification of police.--Upon the occurrence of an
17 escape of an inmate or upon a violent disturbance within a
18 private correctional facility or a facility using private
19 security services, the facility shall immediately notify the
20 local police within the county and the Pennsylvania State
21 Police.
22 (b) Authority of the department.--Upon the occurrence of an
23 emergency in a private correctional facility or a facility using
24 private security services, the department shall have the
25 authority to enter and control the facility until the emergency
26 ends.
27 (c) Costs.--Costs incurred by the Commonwealth, the
28 department or a county shall be reimbursed by the private
29 contractor.
30 Section 309. Inspections.
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1 (a) Duty to inspect.--The department shall annually inspect
2 each private correctional facility and facility using private
3 security services to insure compliance with its regulations and
4 this act. The department shall submit a written report on the
5 findings of its inspection to the private contractor within 60
6 days of the inspection. The private contractor shall be given a
7 reasonable period of time within which to correct deficiencies
8 or to come into compliance with the applicable regulations or
9 provisions of this act. If the private contractor does not come
10 into compliance, the department may revoke its license after a
11 hearing under 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and
12 procedure of Commonwealth agencies) and Ch. 7 Subch. A (relating
13 to judicial review of Commonwealth agency action).
14 (b) Authority to enter.--Personnel of the department or
15 other administrative agencies authorized by the Commissioner of
16 Corrections to inspect a correctional facility may enter a
17 private correctional facility unannounced at any time to
18 investigate any facet of the operation of a private correctional
19 facility.
20 Section 310. Regulations.
21 (a) Contents.--The department shall, within six months of
22 the effective date of this section, promulgate regulations for
23 the provision and operation of private correctional facilities
24 and for the provision of private security services. The
25 regulations shall include, but not be limited to:
26 (1) Security requirements including staffing levels and
27 emergency plans.
28 (2) Minimum standards for the care of inmates,
29 procedures for misconduct adjudication and disposition,
30 visitation policies, the provision of medical and mental
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1 health services, treatment and education programs.
2 (3) A program of training and certification for
3 corrections officers employed by private contractors. Cost of
4 training shall be paid by the private contractor.
5 (b) Training.--A program of training and certification for
6 corrections officers employed by private contractors. Cost of
7 training shall be paid by the private contractor.
8 Section 311. Violations of contract.
9 (a) Notice.--If the department learns of a violation of a
10 contract by a private contractor, it shall immediately give
11 written notice to the Commonwealth or county, the private
12 contractor and the Attorney General. Violation of the contract
13 shall be grounds for termination of the contract under section
14 303(d).
15 (b) Compliance.--Notice to the private contractor shall
16 require action to bring the facility into compliance with the
17 relevant contractual provision in the time period determined by
18 the department.
19 CHAPTER 5
20 ENFORCEMENT
21 Section 501. License revocation.
22 (a) Practice and procedure.--The department shall, by
23 regulation, establish procedures for revocation of a license
24 under this act, to include provisions for notice and hearing
25 under 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and
26 procedure of Commonwealth agencies).
27 (b) Grounds.--Grounds for revocation include, but are not
28 limited to:
29 (1) Violation of this act or regulations of the
30 department.
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1 (2) Fraud or misrepresentation.
2 (3) Failure to maintain adequate insurance.
3 (4) Gross incompetence or negligence.
4 (5) Moral turpitude.
5 (6) Violation of other laws of the Commonwealth.
6 (7) Violation of the civil rights of an individual
7 inmate.
8 (8) Failure to comply with official inspection reports
9 of the department under section 1101(a).
10 Section 502. Criminal penalty.
11 A private contractor who operates a private correctional
12 facility or provides private security services in this
13 Commonwealth without a license under section 302 commits a
14 misdemeanor of the first degree and shall, upon conviction, be
15 sentenced to pay a fine of $10,000 and costs of prosecution or,
16 if the private contractor fails to pay the fine, to imprisonment
17 for not more than one year. Each day of operation of a private
18 correctional facility or of provision of private security
19 services without a license shall constitute a separate offense.
20 If the private contractor is a partnership, the partners are
21 liable under this section. If the private contractor is a
22 corporation or unincorporated association, the chief executive
23 officer is liable under this section.
24 CHAPTER 11
25 MISCELLANEOUS PROVISIONS
26 Section 1101. Annual reports.
27 (a) Facilities and contractors.--A private contractor shall
28 submit an annual report to the Commonwealth or county with which
29 it has a contract.
30 (b) Department.--The department shall submit to the General
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1 Assembly an annual report on the status of private contractors
2 in this Commonwealth, including problems related to private
3 contractors.
4 Section 1102. Other statutes.
5 Private correctional facilities are deemed to be correctional
6 institutions for purposes of 18 Pa.C.S. (relating to crimes and
7 offenses) and 42 Pa.C.S. (relating to judiciary and judicial
8 procedure) and are deemed to be prisons for purposes of the act
9 of July 11, 1923 (P.L.1044, No.425), referred to as the Prisoner
10 Transfer Law. Other statutes relating to penitentiaries,
11 prisons, workhouses, houses of corrections and institutions for
12 prisoners apply to private correctional facilities to the extent
13 necessary to carry out the intent and provisions of this act.
14 Section 1103. Effective date.
15 This act shall take effect as follows:
16 (1) Section 310 and this section shall take effect
17 immediately.
18 (2) The remainder of this act shall take effect in one
19 year.
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