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§ 1104. State recording system for application of restraints to pregnant prisoners or detainees

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 61 Pa.C.S.A. Prisons and ParoleEffective: August 31, 2010 to June 10, 2024

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 61 Pa.C.S.A. Prisons and Parole (Refs & Annos)
Part II. Correctional Institutions (Refs & Annos)
Chapter 11. General Administration
Subchapter A. Penal Operations and Procedures
Effective: August 31, 2010 to June 10, 2024
61 Pa.C.S.A. § 1104
§ 1104. State recording system for application of restraints to pregnant prisoners or detainees
Currentness
<Text of section effective until June 11, 2024. See also, text of 61 Pa.C.S.A. § 1104 effective June 11, 2024.>
(a) General rule.--A correctional institution as defined by section 5905(e) (relating to healthy birth for incarcerated women) shall report each restraint applied to a pregnant prisoner or detainee. The report must be in writing and must note the number of restraints. Individual, separate written findings for each restraint must accompany the report. This shall include reports from the following:
(1) A correctional institution that is not operated, supervised or licensed by the Department of Public Welfare1 pursuant to the act of June 13, 1967 (P.L. 31, No. 21),2 known as the Public Welfare Code, shall make the report to the secretary.
(2) A correctional institution that is operated, supervised or licensed by the Department of Public Welfare pursuant to the Public Welfare Code shall make the report to the Secretary of Public Welfare.
(b) Contents of written findings.--Written findings of each restraint as required under subsection (a) must include the following:
(1) the circumstances that led to the determination that the prisoner or detainee represented a substantial risk of imminent flight; or
(2) the circumstances that led to the determination that other extraordinary medical or security circumstances dictated the prisoner or detainee be restrained to ensure the safety and security of the prisoner or detainee, the staff of the correctional institution or medical facility, other prisoners or detainees or the public.

Credits

2010, July 2, P.L. 275, No. 45, § 1, effective in 60 days [Aug. 31, 2010].

Footnotes

1
Now Department of Human Services; see 62 P.S. § 103.
2
62 P.S. § 101 et seq.
61 Pa.C.S.A. § 1104, PA ST 61 Pa.C.S.A. § 1104
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document