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                                                      PRINTER'S NO. 1896

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1441 Session of 1990


        INTRODUCED BY SHUMAKER, HOPPER, SALVATORE, CORMAN, WENGER,
           BRIGHTBILL, REIBMAN, HELFRICK, PECORA, BELL, O'PAKE, SHAFFER,
           PORTERFIELD, AFFLERBACH, GREENWOOD, FISHER, ARMSTRONG,
           RHOADES, HESS, LEMMOND, JUBELIRER, ROCKS, GREENLEAF AND WILT,
           FEBRUARY 6, 1990

        REFERRED TO JUDICIARY, FEBRUARY 6, 1990

                                     AN ACT

     1  Amending Title 42 (Judiciary and Judicial Procedure) of the
     2     Pennsylvania Consolidated Statutes, requiring the Department
     3     of Corrections to confine nonviolent offenders separately
     4     from other prisoners.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Title 42 of the Pennsylvania Consolidated
     8  Statutes is amended by adding a section to read:
     9  § 9763.  Separation of nonviolent offenders from other
    10             prisoners.
    11     (a)  General rule.--When persons are committed to the
    12  Department of Corrections for confinement, it shall be the duty
    13  of the department to ensure that nonviolent offenders are
    14  confined in such a manner that they are separated and segregated
    15  from other prisoners and that persons from one group are not
    16  allowed to be among or mingle with the other.
    17     (b)  Regulations.--The Department of Corrections shall adopt


     1  regulations necessary to implement the provisions of this
     2  section. The regulations shall include a procedure pursuant to
     3  which nonviolent offenders confined prior to the effective date
     4  of this section are separated and segregated from other
     5  prisoners, as required by this section, in an expeditious
     6  manner.
     7     (c)  Definition.--As used in this section, the term
     8  "nonviolent offender" means an individual who committed a
     9  property-related, drug-related, alcohol-related or other offense
    10  that does not involve serious bodily injury, threats reasonably
    11  calculated to result in serious bodily injury, the use of a
    12  weapon or sexual contact.
    13     Section 2.  This act shall take effect in 60 days.












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