PRINTER'S NO. 3725
No. 2698 Session of 1998
INTRODUCED BY SERAFINI, DEMPSEY, MARSICO, READSHAW, TRUE, BOSCOLA, CORRIGAN AND HERMAN, JUNE 9, 1998
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 9, 1998
AN ACT 1 Prohibiting individuals who are incarcerated from having access 2 to certain equipment and programs; providing for the 3 disposition of certain equipment; and imposing a penalty. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Short title. 7 This act shall be known and may be cited as the Prison Inmate 8 Training Reform Act. 9 Section 2. Definitions. 10 The following words and phrases when used in this act shall 11 have the meanings given to them in this section unless the 12 context clearly indicates otherwise: 13 "Inmate." A person who is detained by a court of law and who 14 is incarcerated in any of the following: 15 (1) A State correctional facility. 16 (2) A county prison or jail or detention facility 17 maintained by a municipality. 18 (3) A temporary holding facility.
1 (4) A prerelease center or similar facility. 2 (5) A halfway house. 3 Section 3. Access to equipment prohibited. 4 An inmate shall not have access to or use of any of the 5 following types of equipment regardless of the sentence imposed 6 against the inmate or the reason for the inmate's detention: 7 (1) Free weights, commonly referred to as barbells or 8 dumbbells. 9 (2) Fixed machines that employ plates or tension bands 10 for weight resistance training. 11 (3) A device or apparatus designed to increase muscle 12 mass or strength or both muscle mass and strength. 13 (4) Any other device or apparatus, as determined by 14 personnel at the facility where the inmate is detained, that 15 would enable an inmate to enhance his physical strength and 16 thus pose an increased risk to personnel of the facility or 17 upon release, to law enforcement officers or potential crime 18 victims. 19 Section 4. Access to certain program prohibited. 20 An inmate shall not have access to or participate in any of 21 the following programs, whether the programs are supported by 22 Federal, State or local funds or are provided by inmates, 23 facility employees or volunteers or through donations: 24 (1) Boxing. 25 (2) Wrestling. 26 (3) Karate, judo or any other form of martial arts. 27 (4) Any other program, as determined by personnel at the 28 facility where the inmate is detained, that would enable an 29 inmate to enhance his physical strength or fighting skill or 30 both physical strength and fighting skill and thus pose an 19980H2698B3725 - 2 -
1 increased risk to personnel of the facility, or upon release, 2 to law enforcement officers or potential crime victims. 3 Section 5. Removal of equipment and cessation of programs. 4 (a) Required action.--A facility that on the effective date 5 of this act makes the equipment described in section 3 or the 6 programs described in section 4 available to inmates or makes 7 both the equipment and programs available to inmates shall 8 remove the equipment and discontinue the programs within 30 days 9 of the effective date of this act. 10 (b) Disposition of equipment.--Equipment required to be 11 removed under subsection (a) shall be donated to the officers' 12 associations or similar organizations at the facility for use by 13 officers and staff at the facility. Equipment that is unwanted 14 or unneeded by an officers' association shall be offered, 15 through lottery, to law enforcement agencies in the area 16 surrounding the facility for use by law enforcement personnel. 17 The remaining equipment, if any, shall be offered, through 18 lottery, to emergency medical service and fire and rescue 19 service organizations for use by their personnel. 20 Section 6. Construction of act. 21 This act shall be construed to permit an inmate to engage in 22 physical activities that do not enable an inmate to enhance his 23 physical strength or fighting skill or both physical strength 24 and fighting skill and thus pose an increased risk to personnel 25 of the facility or upon release, to law enforcement officers or 26 potential crime victims. Nothing in this act shall prohibit the 27 following: 28 (1) Playing basketball. 29 (2) Jogging. 30 (3) Riding a stationary bicycle. 19980H2698B3725 - 3 -
1 (4) Participating in calisthenics supervised by facility 2 staff. 3 (5) Engaging in similar activities that do not enhance 4 physical strength or fighting skill or both physical strength 5 and fighting skill. 6 Section 7. Penalty. 7 A civil penalty of $10,000 shall be assessed against a 8 facility that fails to comply with section 5(a). The penalty may 9 be assessed for each day that a facility fails to comply with 10 section 5(a). 11 Section 8. Repeals. 12 All acts and parts of acts are repealed insofar as they are 13 inconsistent with this act. 14 Section 9. Effective date. 15 This act shall take effect immediately. G21L61WMB/19980H2698B3725 - 4 -