Pennsylvania SB 787: An Act amending Title 61 (Prisons and Parole) of the Pennsylvania Consolidated Statutes, providing for solitary confinement.

Bill Text

PRINTER'S NO. 841
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 787
Session of
2025
INTRODUCED BY KANE, MUTH, KEARNEY, COLLETT, TARTAGLIONE,
HAYWOOD, COSTA, SAVAL, CAPPELLETTI AND SCHWANK, MAY 27, 2025
REFERRED TO JUDICIARY, MAY 27, 2025
AN ACT
Amending Title 61 (Prisons and Parole) of the Pennsylvania
Consolidated Statutes, providing for solitary confinement.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 61 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 51
SOLITARY CONFINEMENT
Sec.
5101. Definitions.
5102. Methods and procedures of solitary confinement.
5103. Members of vulnerable populations.
5104. Risk of harm in solitary confinement.
5105. Solitary confinement authorized.
5106. Use of solitary confinement pending investigation.
5107. Duties of secretary.
5108. Alternative disciplinary measures to solitary
confinement.
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5109. Rehabilitation after release from solitary confinement.
5110. Independent investigator.
5111. Solitary confinement misconduct hearings.
5112. Additional relief.
5113. Regulations.
5114. Report.
§ 5101. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Correctional institution or facility." A State correctional
institution, county correctional institution, a facility that
confines a juvenile under 42 Pa.C.S. Ch. 63 (relating to
juvenile matters), an institution which detains inmates in
accordance with Chapter 71 (relating to interstate compacts) or
an intergovernmental service agreement or other contract with
any Federal, state or county agency, including United States
Immigration and Customs Enforcement.
"Emergency confinement." The solitary confinement of an
inmate in a correctional institution or facility when there is
reasonable cause to believe that the confinement is necessary
for reducing a substantial risk of imminent serious harm to the
inmate or others as evidenced by recent conduct.
"Member of a vulnerable population." Any of the following:
(1) An inmate who is 21 years of age or younger.
(2) An inmate who is 55 years of age or older.
(3) An inmate who is pregnant or in the postpartum
period.
(4) An inmate who has recently suffered a miscarriage or
terminated a pregnancy.
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(5) An inmate who is perceived to be lesbian, gay,
bisexual, transgender or intersex.
(6) An inmate with the mental health classification of C
Code or D Code.
(7) An inmate with intellectual or developmental
disabilities.
"Solitary confinement." The confinement of an inmate in a
correctional institution or facility due to disciplinary,
administrative, protective, investigative, medical or other
classification, in a cell or similarly confined holding or
living space, alone or with other inmates for approximately 20
hours or more per day, with severely restricted activity,
movement and social interaction.
§ 5102. Methods and procedures of solitary confinement.
(a) Conditions.--An inmate may not be placed in solitary
confinement unless the following conditions are met:
(1) There is reasonable cause to believe that the inmate
would create a substantial risk of immediate serious harm to
himself or herself or another, as evidenced by recent threats
or conduct, and a less restrictive intervention would be
insufficient to reduce the risk. T he correctional institution
or facility shall bear the burden of establishing this
standard by clear and convincing evidence.
(2) The inmate is subject to a disciplinary sanction.
(3) The inmate received a personal and comprehensive
medical and mental health examination conducted by a
clinician. In the case of an inmate detained at a county
correctional institution or facility, a preliminary
examination shall be conducted by a member of the medical
staff within 12 hours of the inmate being placed in solitary
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confinement and a clinical examination shall be conducted
within 48 hours of the inmate being placed in solitary
confinement.
(4) The decision to place an inmate in solitary
confinement is made by the chief administrator.
(b) Hearing.--An inmate shall only be held in solitary
confinement in accordance with a hearing which provides timely,
fair and meaningful opportunities for the inmate to contest the
confinement. The hearing shall be conducted in accordance with
the following:
(1) The inmate shall receive the hearing within 72 hours
of placement in solitary confinement and a review every 15
days after the hearing if the inmate remains in solitary
confinement.
(2) In the absence of exceptional circumstances,
unavoidable delays or reasonable postponements, the inmate
shall be permitted to appear at