(a) General rule.--The application of restraints to a pregnant prisoner or detainee occurring pursuant to section 5905 (relating to healthy birth for incarcerated women) shall constitute an incident that qualifies as an extraordinary occurrence that must be reported to the department in the County Extraordinary Occurrence Monthly Report.
(b) Information to be included in County Extraordinary Occurrence Monthly Report.--
(1) Any and all incidents where the application of restraints to a pregnant prisoner or detainee pursuant to section 5905 occurred must be included in the County Extraordinary Occurrence Monthly Report that is submitted to the department. An indication of the incidents must be noted on the designated report form or other available approved method, if applicable, and individual, separate written findings must accompany the form for each incident that occurred.
(2) Written findings of each incident as required under paragraph (1) must include the following:
(i) the circumstances that led to the determination that the prisoner or detainee represented a substantial risk of imminent flight; or
(ii) 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.
(c) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:
"County Extraordinary Occurrence Monthly Report." A collection of statistics and other information by the department on designated report forms or by other available approved methods for the collection of such incident information under this section and in accordance with written local policy providing for the collection of population information prescribed by 37 Pa. Code 95.242 (relating to Statistical/ informational reporting).
"Department." The Department of Corrections of the Commonwealth.
(July 2, 2010, P.L.275, No.45, eff. 60 days)
2010 Amendment. Act 45 added section 1758.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 17 - County Correctional Institutions
Section 1721 - Scope of subchapter
Section 1723 - County jail oversight board
Section 1724 - Powers and duties
Section 1725 - Rules and regulations
Section 1728 - Contracts and purchases
Section 1733 - Appointment of warden and employees
Section 1734 - Powers of peace officers
Section 1736 - Bonding requirement
Section 1741 - Sixth, seventh and eighth class counties
Section 1742 - Appointment of prison commissioners
Section 1751 - Costs of confinement
Section 1752 - Board of inspectors to regulate salaries of wardens and other staff
Section 1753 - Residence of warden
Section 1754 - Bonds for county prison staff in fourth class counties
Section 1755 - Property exempt from taxation
Section 1756 - Loss of privileges
Section 1757 - Collection from certain inmates
Section 1761 - Establishment by adjoining counties
Section 1762 - Selection of site
Section 1764 - Construction contracts
Section 1767 - Chief administrator and employees
Section 1768 - Rules and regulations
Section 1769 - Initial transfer of inmates
Section 1770 - Employment of inmates
Section 1771 - Cost of transporting inmates
Section 1772 - Financial reporting
Section 1773 - Allocation of expenses to counties
Section 1774 - County appropriations
Section 1775 - Exemption from taxation
Section 1781 - Establishment by counties
Section 1782 - Selection of site
Section 1784 - Construction contracts
Section 1787 - Chief administrator and employees
Section 1788 - Rules and regulations
Section 1789 - Initial transfer of inmates
Section 1790 - Employment of inmates
Section 1791 - Cost of transporting inmates
Section 1792 - Nature of inmate employment
Section 1793 - Sale of goods and materials
Section 1794 - Financial reporting
Section 1795 - Allocation of expenses to counties
Section 1796 - Borrowing authorized