PRINTER'S NO. 1042
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 880
Session of
2023
INTRODUCED BY KANE, MUTH, COLLETT, HAYWOOD, FONTANA,
TARTAGLIONE, COSTA, CAPPELLETTI, KEARNEY AND SCHWANK,
AUGUST 16, 2023
REFERRED TO JUDICIARY, AUGUST 16, 2023
AN ACT
1 Amending Title 61 (Prisons and Parole) of the Pennsylvania
2 Consolidated Statutes, providing for solitary confinement.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Title 61 of the Pennsylvania Consolidated
6 Statutes is amended by adding a chapter to read:
7 CHAPTER 51
8 SOLITARY CONFINEMENT
9 Sec.
10 5101. Definitions.
11 5102. Methods and procedures of solitary confinement.
12 5103. Members of vulnerable populations.
13 5104. Risk of harm in solitary confinement.
14 5105. Solitary confinement authorized.
15 5106. Use of solitary confinement pending investigation.
16 5107. Duties of secretary.
17 5108. Alternative disciplinary measures to solitary
 1 confinement.
2 5109. Rehabilitation after release from solitary confinement.
3 5110. Independent investigator.
4 5111. Solitary confinement misconduct hearings.
5 5112. Additional relief.
6 5113. Regulations.
7 5114. Report.
8 § 5101. Definitions.
9 The following words and phrases when used in this chapter
10 shall have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Chief administrator." The warden, superintendent or other
13 officer in charge of a correctional institution or facility.
14 "Correctional institution or facility." A State correctional
15 institution, county correctional institution, a facility that
16 confines a juvenile under 42 Pa.C.S. Ch. 63 (relating to
17 juvenile matters), an institution which detains inmates in
18 accordance with Chapter 71 (relating to interstate compacts) or
19 an intergovernmental service agreement or other contract with
20 any Federal, state or county agency, including United States
21 Immigration and Customs Enforcement.
22 "Emergency confinement." The solitary confinement of an
23 inmate in a correctional institution or facility when there is
24 reasonable cause to believe that the confinement is necessary
25 for reducing a substantial risk of imminent serious harm to the
26 inmate or others as evidenced by recent conduct.
27 "Member of a vulnerable population." Any of the following:
28 (1) An inmate who is 21 years of age or younger.
29 (2) An inmate who is 55 years of age or older.
30 (3) An inmate who is pregnant or in the postpartum
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 1 period.
2 (4) An inmate who has recently suffered a miscarriage or
3 terminated a pregnancy.
4 (5) An inmate who is perceived to be lesbian, gay,
5 bisexual, transgender or intersex.
6 (6) An inmate with the mental health classification of C
7 Code or D Code.
8 (7) An inmate with intellectual or developmental
9 disabilities.
10 "Solitary confinement." The confinement of an inmate in a
11 correctional institution or facility due to disciplinary,
12 administrative, protective, investigative, medical or other
13 classification, in a cell or similarly confined holding or
14 living space, alone or with other inmates for approximately 20
15 hours or more per day, with severely restricted activity,
16 movement and social interaction.
17 § 5102. Methods and procedures of solitary confinement.
18 (a) Conditions.--An inmate may not be placed in solitary
19 confinement unless the following conditions are met:
20 (1) There is reasonable cause to believe that the inmate
21 would create a substantial risk of immediate serious harm to
22 himself or herself or another, as evidenced by recent threats
23 or conduct, and a less restrictive intervention would be
24 insufficient to reduce the risk. The correctional institution
25 or facility shall bear the burden of establishing this
26 standard by clear and convincing evidence.
27 (2) The inmate is subject to a disciplinary sanction.
28 (3) The inmate received a personal and comprehensive
29 medical and mental health examination conducted by a
30 clinician. In the case of an inmate detained at a county
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 1 correctional institution or facility, a preliminary
2 examination shall be conducted by a member of the medical
3 staff within 12 hours of the inmate being placed in solitary
4 confinement and a clinical examination shall be conducted
5 within 48 hours of the inmate being placed in solitary
6 confinement.
7 (4) The decision to place an inmate in solitary
8 confinement is made by the chief administrator.
9 (b) Hearing.--An inmate shall only be held in solitary
10 confinement in accordance with a hearing which provides timely,
11 fair and meaningful opportunities for the inmate to contest the
12 confinement. The hearing shall be conducted in accordance with
13 the following:
14 (1) The inmate shall receive the hearing within 72 hours
15 of placement in solitary confinement and a review every 15
16 days after the hearing if the inmate remains in solitary
17 confinement.
18 (2) In the absence of exceptional circumstances,
19 unavoidable delays or reasonable postponements, the inmate
20 shall be permitted to appear at the hearing.
21 (3) The inmate shall be represented by legal counsel at
22 the hearing.
23 (4) The hearing shall be conducted by an independent
24 hearing officer.
25 (5) The inmate shall be provided with a written
26 statement of the reasons for the decision to place the inmate
27 in solitary confinement at the hearing.
28 (c) Prohibition.--An inmate may not be placed or retained in
29 solitary confinement under the following circumstances:
30 (1) If the chief administrator determines that the
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 1 inmate no longer meets the standards for solitary
2 confinement.
3 (2) For no more than 15 consecutive days.
4 (3) For no more than 20 days in a 60-day period.
5 (d) Evaluation.--A clinician shall evaluate an inmate placed
6 in solitary confinement on a daily basis, in a confidential
7 setting outside of the cell whenever possible, to determine
8 whether the inmate is a member of a vulnerable population. In
9 the case of an inmate detained at a county correctional
10 institution or facility, the inmate shall be evaluated by a
11 member of the medical staff as frequently as necessary, but not
12 less than once every seven days while the inmate is in solitary
13 confinement. An inmate determined to be a member of a vulnerable
14 population by a clinician shall be immediately removed from
15 solitary confinement and moved to an appropriate placement.
16 (e) Disciplinary sanctions.--A disciplinary sanction of
17 solitary confinement which has been imposed on an inmate who is
18 removed from solitary confinement shall be deemed to be
19 satisfied.
20 (f) Lockdown.--During a correctional institution or facility
21 lockdown, an inmate may not be placed in solitary confinement
22 for more than 15 consecutive days or for more than 20 days
23 during any 60-day period.
24 (g) Inmate treatment.--
25 (1) Cells or other holding or living space used for
26 solitary confinement shall be properly ventilated, lit,
27 temperature-controlled, clean and equipped with properly
28 functioning sanitary fixtures.
29 (2) A correctional institution or facility shall
30 maximize the amount of time that an inmate held in solitary
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 1 confinement spends outside of the cell by providing, as
2 appropriate, access to recreation, education, clinically
3 appropriate treatment therapies, skill-building activities
4 and social interaction with staff and other inmates.
5 (3) An inmate held in solitary confinement may not be
6 denied access to food, water or any other basic necessity.
7 (4) An inmate held in solitary confinement may not be
8 denied access to appropriate medical care, including
9 emergency medical care.
10 (5) An inmate may not be directly released from solitary
11 confinement to the public during the last 180 days of the
12 inmate's term of incarceration, unless it is necessary for
13 the safety of the inmate, staff, other inmates or the public.
14 (6) A restraint chair, chemical agents or shackles may
15 not be used on an inmate.
16 (7) Lights in solitary confinement cells shall be
17 operated on the same schedule as lights in other housing
18 units at the correctional facility. In no case shall lights
19 in a solitary confinement cell be on for 24 hours a day
20 unless a physician or psychiatrist believes, in his or her
21 professional written opinion, that this step is necessary to
22 prevent suicide or self-harm. The physician's or
23 psychiatrist's professional written opinion that confirms a
24 risk of suicide or self-harm shall be placed and kept in the
25 inmate's medical records. If the physician or psychiatrist
26 believes that an inmate is at risk of suicide or self-harm, a
27 dimmer shall be used in the solitary confinement cell to
28 adjust the lights to protect an inmate's safety while
29 promoting sleep and mental and physical wellness.
30 § 5103. Members of vulnerable populations.
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 1 (a) Prohibition.--An inmate who is a member of a vulnerable
2 population may not be placed in solitary confinement.
3 (b) Younger inmates.--
4 (1) An inmate who is a member of a vulnerable population
5 because the inmate is 21 years of age or younger may not be
6 subject to discipline for refusing treatment or medication or
7 for self-harm or threats of self-harm.
8 (2) An inmate who is a member of a vulnerable population
9 because the inmate is 21 years of age or younger and who
10 would otherwise be placed in solitary confinement shall be
11 screened by a correctional institution or facility clinician
12 or the appropriate screening service and, if found to meet
13 the standards of civil commitment, shall be placed in a
14 specialized unit, as designated by the secretary, or civilly
15 committed to the least restrictive appropriate short-term
16 care or psychiatric facility designated by the Department of
17 Human Services.
18 (c) Other inmates.--An inmate who is a member of a
19 vulnerable population because the inmate is 55 years of age or
20 older, pregnant, in the postpartum period or has recently
21 suffered a miscarriage or terminated a pregnancy, who would
22 otherwise be placed in isolated confinement, shall be placed in
23 a specialized unit as designated by the secretary.
24 (d) Applicability.--This subsection shall not apply to a
25 county correctional institution or facility.
26 § 5104. Risk of harm in solitary confinement.
27 An inmate shall not be placed in solitary confinement with
28 one or more inmates if there is reasonable cause to believe that
29 there is a risk of harm or harassment, intimidation or extortion
30 of other physical or emotional abuse.
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 1 § 5105. Solitary confinement authorized.
2 A correctional institution or facility may place an inmate in
3 solitary confinement under the following circumstances:
4 (1) The chief administrator determines that a
5 correctional institution or facility lockdown is required to
6 ensure the safety of inmates. The facility administrator
7 shall document specific reasons for the lockdown if the
8 lockdown lasts more than 24 hours and why less restrictive
9 interventions are insufficient to accomplish the safety goals
10 of the correctional institution or facility. Within six hours
11 of a decision to extend a lockdown for more than 24 hours,
12 the chief administrator shall provide the secretary with the
13 reasons specified under this paragraph for publication on the
14 publicly accessible Internet website of the department. Upon
15 request, the chief administrator shall provide the reasons
16 specified under this paragraph to the General Assembly.
17 (2) The chief administrator determines, based on a
18 personal examination by a physician or, in the case of a
19 county correctional institution or facility, a decision to
20 place an inmate in medical isolation shall be made by a
21 member of the medical staff, that an inmate should be placed
22 in emergency confinement and the emergency confinement is
23 conducted in accordance with the following:
24 (i) The inmate may not be held in emergency
25 confinement for more than 24 hours.
26 (ii) The inmate held in emergency confinement shall
27 receive an initial medical and mental health evaluation
28 within two hours and a personal and comprehensive medical
29 and mental health evaluation within 24 hours. In the case
30 of a county correctional institution or facility, a
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 1 preliminary examination shall be conducted by a member of
2 the medical staff within 12 hours of confinement and a
3 comprehensive medical and mental health evaluation within
4 48 hours. Reports of these evaluations shall be provided
5 to the chief administrator upon completion.
6 (iii) A clinical review shall be conducted on the
7 inmate at least every six hours and as clinically
8 indicated.
9 (iv) The inmate shall be placed in a mental health
10 unit as designated by the secretary.
11 (v) In the case of a county correctional institution
12 or facility, a decision to place an inmate in solitary
13 confinement shall be made by a member of the medical
14 staff and be based on a personal examination and a
15 clinical review shall be conducted within 48 hours of the
16 inmate being placed in solitary confinement and then as
17 clinically indicated.
18 (3) The chief administrator determines that an inmate
19 should be placed in protective custody and the inmate is
20 placed in protective custody in accordance with the
21 following:
22 (i) Except as provided under subparagraph (ii), the
23 inmate must provide informed, voluntary, written consent
24 to be placed in protective custody and there is
25 reasonable cause to believe that protective custody is
26 necessary to prevent reasonably foreseeable harm.
27 (ii) The inmate may be placed in involuntary
28 protective custody only when there is clear and
29 convincing evidence that confinement is necessary to
30 prevent reasonably foreseeable harm and that a less
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 1 restrictive intervention would not be sufficient to
2 prevent the harm.
3 (iii) In a safe manner, an inmate placed in
4 protective custody shall receive comparable opportunities
5 for activities, movement and social interaction as other
6 inmates in the general population of the correctional
7 institution or facility.
8 (iv) An inmate subject to removal from protective
9 custody shall be provided with a timely, fair and
10 meaningful opportunity to contest the removal.
11 (v) An inmate who is eligible to be placed or
12 currently is in voluntary protective custody may opt out
13 of that eligibility by providing an informed, voluntary
14 written refusal.
15 (vi) The chief administrator shall place an inmate
16 in a less restrictive intervention, including transfer to
17 the general population of another institution or to a
18 special-purpose housing unit for inmates who face similar
19 threats, before placing the inmate in protective custody
20 unless the inmate poses an extraordinary security risk
21 such that transferring the inmate would be insufficient
22 to ensure the inmate's safety.
23 (4) A member of a vulnerable population may not be
24 placed in solitary confinement with one or more inmates,
25 except with the inmate's informed, voluntary, written
26 consent.
27 § 5106. Use of solitary confinement pending investigation.
28 (a) Authorized use.--An inmate may not be placed in solitary
29 confinement pending investigation of a disciplinary violation
30 unless any of the follo