PRINTER'S NO. 422
No. 362 Session of 2005
INTRODUCED BY RHOADES, LEMMOND, ORIE, PIPPY, KITCHEN, MUSTO,
GORDNER, CORMAN, WOZNIAK, LOGAN, STOUT, MADIGAN, KASUNIC AND
D. WHITE, MARCH 16, 2005
REFERRED TO JUDICIARY, MARCH 16, 2005
AN ACT
1 Amending the act of April 9, 1929 (P.L.177, No.175), entitled
2 "An act providing for and reorganizing the conduct of the
3 executive and administrative work of the Commonwealth by the
4 Executive Department thereof and the administrative
5 departments, boards, commissions, and officers thereof,
6 including the boards of trustees of State Normal Schools, or
7 Teachers Colleges; abolishing, creating, reorganizing or
8 authorizing the reorganization of certain administrative
9 departments, boards, and commissions; defining the powers and
10 duties of the Governor and other executive and administrative
11 officers, and of the several administrative departments,
12 boards, commissions, and officers; fixing the salaries of the
13 Governor, Lieutenant Governor, and certain other executive
14 and administrative officers; providing for the appointment of
15 certain administrative officers, and of all deputies and
16 other assistants and employes in certain departments, boards,
17 and commissions; and prescribing the manner in which the
18 number and compensation of the deputies and all other
19 assistants and employes of certain departments, boards and
20 commissions shall be determined," providing for staffing
21 levels and limitations on inmate capacity at State
22 correctional institutions.
23 The General Assembly of the Commonwealth of Pennsylvania
24 hereby enacts as follows:
25 Section 1. The act of April 9, 1929 (P.L.177, No.175), known
26 as The Administrative Code of 1929, is amended by adding a
27 section to read:
1 Section 915-B. Staffing Levels and Inmate Capacity.--(a)
2 The department shall utilize the following relief factor values
3 when determining staffing levels for corrections officers and
4 food service instructors at State correctional institutions:
5 (1) A minimum of 1.75 for all seven-day posts.
6 (2) A minimum of 1.55 for all six-day posts.
7 (3) A minimum of 1.25 for all five-day posts.
8 (b) A corrections officer or food service instructor vacancy
9 at any State correctional institution or community corrections
10 center shall be filled within thirty (30) days of the occurrence
11 of the vacancy in accordance with applicable collective
12 bargaining agreement or law in order to meet the staffing levels
13 established in subsection (a).
14 (c) Except when necessary due to an emergency capacity
15 situation, upon written notice to the department from an employe
16 organization representing corrections officers and food service
17 instructors at a State correctional institution in this
18 Commonwealth that the total inmate capacity at the State
19 correctional institution has exceeded one hundred thirty-five
20 per centum (135%) of the total inmate capacity at the State
21 correctional institution for more than thirty (30) consecutive
22 days or sixty (60) days in the aggregate in any 12-month period,
23 the department shall do the following:
24 (1) Within ten (10) business days of receiving the notice,
25 conduct a Manpower survey of the institution in consultation
26 with the employe organization, to determine the number of seven-
27 day, six-day and five-day posts required at the institution for
28 each tenth percentile exceeding one hundred thirty-five per
29 centum (135%) of the total inmate capacity. The survey shall be
30 completed within fifteen (15) business days.
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1 (2) Enter into negotiations with the employe organization to
2 discuss required staffing levels at the institution. If no
3 agreement is reached on the number of posts required at the
4 institution within seven (7) business days, the department shall
5 enter into arbitration as provided for under the collective
6 bargaining agreement of the employe organization to set the
7 required staffing levels at the institution. The arbitration
8 shall be completed within fifteen (15) business days.
9 (3) Implement the number of posts determined by the joint
10 Manpower survey or arbitration within ten (10) business days of
11 the completion of the joint Manpower survey or arbitration,
12 whichever is later.
13 (d) The following words and phrases when used in this
14 section shall have the meanings given to them in this subsection
15 unless the context clearly indicates otherwise:
16 "Department" means the Department of Corrections of the
17 Commonwealth.
18 "Emergency capacity situation" means any extraordinary
19 occurrence which is outside the immediate control of the
20 department, necessitating that the department transfer inmates
21 from their current institution to other institutions in the
22 interests of maintaining the overall safety of the inmates and
23 the protection of the public.
24 "Inmate" means an individual who has been court ordered to
25 the care and custody of the department.
26 "State correctional institution" means a jail, prison or
27 detention facility operated by the Commonwealth and used for the
28 detention and confinement of inmates.
29 "Total inmate capacity" means the number of inmates living in
30 those areas of a State correctional institution specifically and
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1 purposefully designed as living quarters.
2 Section 2. This act shall take effect in 60 days.
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