Inmate Handbook, PA DOC, 2005
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Inmate Handbook 2005 Edition Jeffrey A. Beard, Ph.D. Secretary of Corrections The Mission of the Pennsylvania Department of Corrections is to protect the public by confining persons committed to our custody in safe, secure facilities, and to provide opportunities for inmates to acquire the skills and values necessary to become productive law-abiding citizens; while respecting the rights of crime victims. DEPARTMENT OF CORRECTIONS 2520 LISBURN ROAD, P.O. BOX 598 CAMP HILL PA 17001-0598 Central Office Executive Staff Secretary of Corrections ..................................................... Jeffrey A. Beard, Ph.D. Special Assistant to the Secretary .............................................Cynthia Kechisen Executive Deputy Secretary ................................................ John S. Shaffer, Ph.D. Deputy Secretary - Administration ........................................... William D. Sprenkle Deputy Secretary - Specialized Facilities and Programs (SCI-Cambridge Springs, SCI-Camp Hill, SCI-Chester, SCI-Muncy) ........................ Mary V. Leftridge Byrd Supervisory Superintendent - Specialized Facilities and Programs ............................................................................................... Donald L. Kelchner Deputy Secretary - Eastern Region (SCI-Coal Township, SCI-Cresson, SCIDallas, SCI-Frackville, SCI-Graterford, SCI-Huntingdon, SCI-Mahanoy, SCIRetreat, SCI-Rockview, SCI-Smithfield, SCI-Waymart) ...........Donald T. Vaughn Supervisory Superintendent - Eastern Region .......................... Franklin J. Tennis Deputy Secretary - Western Region (SCI-Albion, SCI-Fayette, SCI-Forest, SCIGreene, SCI-Greensburg, SCI-Houtzdale, SCI-Laurel Highlands, SCI-Pine Grove, SCI-Somerset, SRCF-Mercer)................................... William S. Stickman Supervisory Superintendent Western Region.......................... Raymond J. Sobina Bureau of Administration, Director............................................. Timothy S. Ringler Bureau of Community Corrections, Director ............................... Paul M. O’Connor Bureau of Correction Education, Director .................................... Richard D. Bayer Bureau of Correction Industries, Director ................................... Mark D. Goldberg Bureau of Health Care and Food Services, Director ......................... Alan B. Fogel Bureau of Human Resources, Director...................................... Timothy J. Musser Bureau of Inmate Services, Director............................................. David L. Roberts Bureau of Management Information Services, Director.................... Clair J. Bange Bureau of Operations, Director ........................................................Robert A. Calik Bureau of Standards, Practices, & Security, Director ......... Kathleen M. Zwierzyna Central Office Security Office ............................................ Major Dennis P. Durant Legislative Liaison ........................................................................... John T. Coyne Office of Chief Counsel...............................................................Michael A. Farnan Office of Equal Employment Opportunity, Director ....................Raphael K. Chieke Office of Grievances and Appeals ................................................ Sharon M. Burks Office of Professional Responsibility, Director.......................... Michael P. Wolanin Office of Staff Development & Training, Director.................... Mark Kresho, Acting Office of the Victim Advocate, Director ........................................ Kathy D. Buckley Press Secretary ...................................................................Susan E. McNaughton Inmate Handbook Table of Contents I. Accounting .....................................................................................................1 A. General......................................................................................................1 B. Collection of Inmate Debts (DC-ADM 005)................................................3 C. Copying Charges.......................................................................................4 D. Private Business........................................................................................4 II. Daily Operations ............................................................................................5 A. Daily Schedule...........................................................................................5 B. Identification Cards....................................................................................5 C. Pass System .............................................................................................5 D. Request Slips ............................................................................................5 E. Searches of Inmates and Cells (DC ADM 203) .........................................6 F. Smoking.....................................................................................................8 III. Department/Facility Management ..................................................................8 A. Department Management..........................................................................8 B. Facility Management .................................................................................9 IV. Resolution of Problems................................................................................10 A. Abuse Allegations (DC ADM 001) ...........................................................10 B. Sexual Harassment of or Sexual Contact with Inmates (DC-ADM 008)..11 C. Inmate Grievance System (DC-ADM 804) ..............................................12 V. Inmate Services/Privileges...........................................................................14 A. Alcohol and Other Drug Testing ..............................................................14 B. Cable Television (DC-ADM 002) .............................................................14 C. Cell Assignments.....................................................................................15 D. Classification System ..............................................................................15 E. Commutation ...........................................................................................15 F. Correctional Plan .....................................................................................15 G. Education (Academic and Vocational) ....................................................16 H. Food Services (DC ADM 610).................................................................17 I. Grooming (DC ADM 807).........................................................................18 J. Guest Speakers (DC-ADM 813)...............................................................19 K. Mail and Incoming Publications (DC ADM 803) ......................................19 L. Marriages (DC ADM 821) ........................................................................20 M. Outside Assignments (DC-ADM 805) .....................................................21 N. Parole Services .......................................................................................22 O. Pre Release Transfer (DC ADM 805) .....................................................22 P. Recreation and Activities .........................................................................23 Q. Religious Activities (DC ADM 819)..........................................................23 R. Specialized Treatment Programs ............................................................25 S. Telephone Calls (DC ADM 818) ..............................................................25 T. Transfers..................................................................................................28 U. Veterans Affairs.......................................................................................29 i VI. VII. VIII. IX. X. XI. XII. XIII. Inmate Handbook Table of Contents Organizations (DC-ADM 822) ......................................................................29 A. Request for Approval for Organization Picnics/Banquets, Award Ceremonies, and Inmate Fund Raisers ....................................................29 B. Inmate Eligibility.......................................................................................30 C. Visitor Eligibility .......................................................................................30 D. Cost .........................................................................................................31 E. Fundraisers..............................................................................................31 Legal Issues.................................................................................................31 A. Criminal Violations (DC-ADM 004) ..........................................................31 B. DNA Collection ........................................................................................32 C. Megan’s Law Registration .......................................................................32 D. Legal Services (DC-ADM 007) ................................................................32 E. Release of Information (DC-ADM 003)....................................................34 F. Riots, Hostages, and Disruptive Behavior ...............................................35 G. Sentence Calculation Questions .............................................................35 Medical Services (DC-ADM 820) .................................................................35 A. Accommodations for Inmates with Disabilities (DC-ADM 006)................35 B. Medical Services (DC ADM 820).............................................................36 Property (DC-ADM 815)...............................................................................39 A. Basic Issue ..............................................................................................39 B. Cell Content Limit ....................................................................................39 C. Commissary ............................................................................................40 D. Contraband..............................................................................................41 E. Outside Purchases ..................................................................................41 F. Personal Property at Reception...............................................................43 G. Shipping of Personal Property ................................................................44 H. State Issued Items...................................................................................45 Rules............................................................................................................45 A. Administrative Custody Procedures (DC ADM 802) ................................45 B. General Rules..........................................................................................47 C. Housing Unit Rules..................................................................................48 D. Misconducts (DC ADM 801)....................................................................50 Use of Force (DC ADM 201)........................................................................58 Visiting (DC-ADM 812).................................................................................58 A. Private Viewing/Deathbed Visits..............................................................58 B. News Media Relations (DC ADM 009) ....................................................59 C. Visiting Privileges (DC ADM 812)............................................................59 Work Assignments (DC-ADM 816) ..............................................................66 A. General....................................................................................................66 B. Pay System .............................................................................................67 C. Length of Work Day or Work Week.........................................................67 D. Pay Rates................................................................................................67 ii Inmate Handbook Table of Contents E. Pay Changes ...........................................................................................68 F. Illness or Injury.........................................................................................68 G. General Labor Pool .................................................................................69 H. Assignment to Restricted Housing Unit (RHU)........................................70 iii The purpose of this handbook is to provide general information to you and others interested in the Pennsylvania Department of Corrections (DOC). When DOC policies are changed you will be given notice of the change(s), and the most current policy will become effective, regardless of what information is in this handbook. A new handbook will be issued at least every three years. The handbook is not a guide to the detailed policies of the DOC (which are subject to change) or all procedures in effect at each DOC facility. That information will be made available to you during the facility's reception and orientation program. The material in this handbook will help you understand what you will encounter when you enter the DOC, and help you in your adjustment to facility life. You are to keep this handbook from the time it is given to you until you are released. If your handbook is lost or ruined, you may receive a new one, but you must pay for it. The cost of the new handbook will be determined when you get the new one. You are expected to conduct yourself in an orderly and mature manner and to respect the rights of others. Some of the programs and services available to you are mentioned in this book. You may get more information about available programs or services by reading your Facility Handbook Supplement, or by sending a request slip to the staff member in charge of that program or service. You should discuss your needs, goals, and interests with staff. Your conduct and attitude will be observed and will be reviewed by staff when they consider you for programs, pre-release, parole, and other privileges. You should try to make good use of the time you are in the DOC by using programs and services to better yourself and get ready for parole. If you are serving a life sentence, taking part in programs and being misconduct free is an important part of the commutation process. You are responsible for knowing and following all of the DOC's rules that directly affect you. When a rule change is made, you will either be issued a bulletin that outlines the change and a notice will be posted on the housing unit bulletin boards. All notices and signs prepared by DOC officials are considered policy and must be followed. All of the policies containing rules that directly affect you are available on your housing unit and in the facility library. The policies in the library may be checked out just like a library book. Inmate Handbook I. Page 1 Accounting A. General 1. The inmate accounting office at each facility will maintain a personal account for you for all monies you receive. This account is a noninterest bearing account. You may also choose to open a saving account with a community-based bank if you wish to earn interest on your money. If you choose to open such a savings account, your bankbook/statement/savings account documents will remain in the Business Office. To be able to use your money for things listed in Subsection A. 6. you must have the money needed in your facility account. Community-based bank share accounts are not permitted. 2. You will be given a receipt for any money received in the mail (money orders, certified checks, etc.) that is placed in your account. Cash and personal checks will not be accepted and will be returned to the sender. 3. If you have a job, or are approved to receive the General Labor Pool Allowance, the money you earn will be placed in your account after the payroll is approved. See Section XIII. G. of this handbook and DCADM 816, “Inmate Compensation” for more information on the General Labor Pool Allowance. 4. You will be given a monthly statement showing all activity on your account, the money put in your account, how much you spent, and what the balance is to date. Note: Any discrepancies must be immediately reported by request slip to the Business Office, Inmate Accounting. 5. If you were ordered to pay restitution, reparation, fees, costs, fines, and/or penalties associated with court proceedings, the Department will collect monies from your account to pay those amounts. See DCADM 005, “Collection of Inmate Debts” for more information. 6. You may use money from your account to: a. send money to immediate family members who are defined as your spouse, children, parents, grandparents, brothers, sisters, aunt, uncle, or a person with whom you made your home, or the caregiver of your children; b. pay legal or attorney fees; Inmate Handbook Page 2 c. pay for commutation application, insurance premiums, education supplies, magazines, newspapers, books, religious articles, cable television fees, approved commissary items, and furlough expenses; d. pay expenses for authorized education courses; e. purchase U.S. Savings Bonds; f. make deposits to outside savings accounts; and/or g. donate to organizations or individuals other than immediate family (with approval of the Facility Manager). 7. You may not open nor have a joint account with another inmate. 8. You may not transfer or receive, through any means, negotiable instruments, money, or items of monetary value to or from staff, other inmates or ex-offenders or their immediate families without prior approval of the Facility Manager. 9. You may not transfer or receive, through any means, negotiable instruments, money, or items of monetary value that were obtained illegally. 10. You may not request to stop payment on a check that was issued at your request. 11. You may be eligible for state issued stationery, writing instruments, postage and copying costs if you qualify as being indigent: a. As defined in DC-ADM 803, “Inmate Mail and Incoming Publications” being indigent means that you had $10.00 or less in your account. There is a difference between indigence that is selfcaused and indigence that is caused despite your best efforts. Examples of these are: (1) self-caused indigence means you have refused to work, have deliberately depleted your account, or you have been a long-term disciplinary custody case; and (2) indigence that is not self-caused means that you are unable to work or have been in Administrative Custody for a reason other than your own behavior. b. If you have funds in another account, which if deposited in your facility account would bring your balance to more than $10.00, you will not be considered indigent. Inmate Handbook Page 3 c. If you have not made a good faith effort to manage your money so as to be able to pay the necessary costs, you will not be considered indigent. d. You are responsible for requesting and proving your indigence by notifying the Business Manager in writing of your possible indigent status. e. The Business Manager will notify you if you are to be considered indigent or not. 12. Approximately 30 to 45 days prior to your scheduled release or when you are given a PBPP Notice of Board Action (green sheet) granting release, the money needed to pay for any release costs (e.g., bus ticket, train ticket, etc.) will be set aside in your account. B. Collection of Inmate Debts (DC-ADM 005) 1. In accordance with 42 Pa. C.S. §9728, the Department shall collect monies from your account if the court orders you to pay restitution, reparation, fees, costs, fines, and/or penalties associated with the criminal proceedings. 2. The Department shall collect court costs and filing fees as ordered by the court. 3. You may be assessed charges for damages to state property in accordance with policy DC-ADM 801, “Inmate Discipline.” 4. Money you owe for postage will be collected in accordance with the DC-ADM 803, “Inmate Mail and Incoming Publications” policy. 5. Prior to your release to state parole supervision or to a Community Corrections facility, the facility will provide a record of payments made, remaining account balances of any court ordered restitution, and/or other court related financial obligations to the Board of Probation and Parole or the Regional Office of Community Corrections. 6. Certain inmates are required to pay a fee to the Crime Victims Compensation Fund. The amount of the fee varies depending upon the number of sentencing events and the date the crime was committed. Your counselor will advise you of the amount owed. Inmate Handbook Page 4 7. If you are to be released at the expiration of your maximum sentence, the business office will provide a record of payments made and remaining account balances of any court ordered restitution or other court related financial obligations to the county probation department or other agent designated by the court order. 8. For more information in the collection of debts, refer to Department policy DC-ADM 005. C. Copying Charges You may have papers and other documents copied, but you will have to pay for them. The cost for copies of information contained in your inmate file and your medical file differ. See the DC-ADM 003, “Release of Information Policy.” To have things copied that you have in your possession or that are in the library, you should refer to your Facility Handbook Supplement. D. Private Business You are not permitted to incorporate or engage actively in a business or profession while under the supervision of the Department. If you engaged in a business or profession prior to your incarceration, you must assign authority for the operation of the business or profession to a person in the community. Even though you have turned over the operation of a business or profession to another person, there may be an occasional need for a decision substantially affecting the assets or prospects of the business. The Facility Manager may, upon request from you, authorize a special visit for such extraordinary occasions. Conducting a business or profession, except as noted below, shall subject you to a misconduct. There are exceptions to this rule: 1. If you are unsentenced, you may continue to control your business or profession if it does not place undue burden on the facility. 2. If you are in a Work Release Program, you may engage in a private business or profession, as part of your Work Release Program, if it does not place undue burden on the facility. 3. If you are transferred to a Community Corrections Center (CCC), you may engage in a private business or profession as part of your community-based program. Inmate Handbook II. Page 5 Daily Operations A. Daily Schedule Each Facility Handbook Supplement has a daily operations schedule that outlines the daily activities of the facility, such as sick call times, meal times, recreation times, etc. B. Identification Cards Each inmate is issued a Department Identification Card (I.D.). You must carry your I.D. card at all times, other than to/from the showers. You must show your I.D. card, and give your name and number to any employee who asks you for it. You should keep your I.D. card in good condition because you will need it for commissary and other activities. Lost, destroyed, or damaged I.D. cards must be replaced immediately and the cost will be charged to your account. If there is a significant change in your physical appearance, weight gain/loss, growing or shaving of facial hair, etc., you will be required to get a new I.D. at your expense. The cost of the new I.D. card will be determined at the time you receive it. C. Pass System When you need to go from one part of the facility to another, you must have a signed pass. The only exception is group movement such as meals, recreation, work lines, etc. You are expected to use the shortest route to go from point to point without delay. If you do not use the shortest route, you may be issued a misconduct for being in an unauthorized area. A staff member must sign the pass at the beginning and end of the movement. You must show your pass and I.D. to any employee who asks you for them. D. Request Slips A DC-135A, Inmate's Request to Staff Member form is used to ask for information, interviews, or other things from staff members. This form is available from housing unit staff. You must use a request slip in order to arrange a time to speak with staff concerning specific issues. The form has space for you to state the nature of your request. You should include specific details about what you want to speak about. Be sure to write clearly and fill in all the sections at the top of the request slip. In most cases, staff will respond to your request slip within five working days. Inmate Handbook Page 6 E. Searches of Inmates and Cells (DC-ADM 203) 1. The Facility Manager/designee may order a general search of any/all areas of the facility at any time. Your cell may be searched as part of a general search, randomly selected, or as needed as part of an investigation. During a cell search, all precautions will be taken to avoid damage to any items. Any item that is contraband or evidence of a crime or misconduct will be confiscated. 2. If you have excessive personal property in your cell, you may choose to have these items (excluding food items) destroyed or mailed to someone. If you choose to send the items to someone, you must pay the shipping cost. You will not be permitted to ship items deemed to be contraband. You will be given a confiscation slip by appropriate staff for any item that is removed by staff. 3. Confiscated money will be deposited in the Inmate General Welfare Fund (IGWF). 4. Excessive state-issued items will be confiscated. These items may be returned to the facility’s inventory for issue to another inmate. You may be issued a misconduct report if the items have been altered or are unusable. A confiscation slip will only be used for non-state issued items and for those that are the subject of a misconduct. 5. You may be present whenever your cell is searched UNLESS the ranking officer conducting the search determines that your presence would be a threat to staff, other inmates, or the security of the facility, if the search is being conducted under emergency conditions, or if your presence will impair an ongoing investigation of criminal activity or violation of facility rules. 6. A random search of your cell may be conducted at any time but no later than one hour after the facility is locked up for the evening. 7. Before the search, a Unit Officer will notify you that your cell has been randomly chosen and you will be given the option of remaining during the search. You will be asked to sign a form to show that you were present during the search or, if you choose not to be present, to show that you chose not to be present. If you refuse to sign the form, the officer will note your refusal on the record. Inmate Handbook Page 7 8. Your cell may be searched as part of an investigation when there is reasonable suspicion that you or your cellmate are concealing contraband, are involved in a criminal activity, or involved in an activity that could threaten the security of the facility. 9. Your cell may be scanned by an electronic drug detection device or drug dogs for narcotics. This may be done without you being present. If contraband is suspected, the procedures for a cell search will be followed. 10. Your cell will also be inspected for health, safety, and security reasons. A security inspection is to check things such as doors, windows, bars, electrical fixtures, and plumbing. Your personal property will not be searched or disturbed during a security inspection except to the extent necessary to gain access to the things to be checked. Your presence is not required during a security inspection. 11. You may be searched at any time and in any area of the facility. Staff of either gender may conduct pat searches. Pat searches will be conducted in a professional manner. When you are pat searched, you must: a. remove all items from your pockets and place them in a hat or on a shelf, desk, or other suitable place; b. stand still with your feet apart and arms extended outward, palms upward; and c. follow the directions given by the staff member conducting the search. 12. You may be strip searched, when necessary, for the security and safe operation of the facility. You will be strip searched: a. b. c. d. e. upon reception; before and after every contact visit; upon your return after leaving the facility grounds for any reason; return from court; following activities where you have the opportunity to mingle with outside groups, particularly where there are large numbers of people under minimal supervision; f. periodically if you are permitted to move in and out of the gate areas; g. when there is reason to believe that you are involved in an escape plot or in possession of contraband; h. when you enter or leave any restricted area; Inmate Handbook Page 8 i. when you are admitted to, or discharged from, a Security Level 5 Housing Unit; and j. before and after being transported outside the secure perimeter. 13. Strip searches will, whenever possible, be conducted in an area separate from other inmates for privacy and to limit embarrassment. Unless it is an emergency, a staff member of your gender will conduct the strip search. The staff person conducting the search will avoid touching you except as required to control you, if necessary. 14. Strip searches will be conducted in a tactful, professional manner. When you are strip searched, you must: a. remove all items from your pockets and place them on a shelf, desk, or other suitable place; b. remove all your clothing; c. stand still with your feet apart and arms extended outward, palms up; and d. follow the direction given by searching staff member. 15. Body cavity searches may be conducted when there is reasonable belief that you are concealing contraband inside your body. Body cavity searches may also be authorized by the Facility Manager/ designee when it has been determined that there is imminent danger to your health or to facility security or safety. F. Smoking If you are in a facility that permits tobacco products, you are allowed to smoke only where designated by the facility. All NO SMOKING signs are to be strictly followed. If you are in a tobacco free facility, you are not permitted to use or possess tobacco products anywhere in the facility. III. Department/Facility Management A. Department Management The Department has a Central Office, which consists of the Secretary, Deputy Secretaries, and various correctional management staff and specialists under their direction. See the Central Office Executive Staff directory at the beginning of this handbook. Inmate Handbook Page 9 B. Facility Management The purpose of facility management is the care, custody and control of inmates. The security measures in place at Department facilities are intended to provide a safe environment for you as well as for staff. Each facility has a Facility Manager who reports to a Deputy Secretary at Central Office. The Facility Manager is in charge of the security, programs, and activities of the facility. See your Facility Handbook Supplement for a staff directory at your facility. 1. The Department uses Unit Management as a means of managing its facilities. Unit Management is based upon teamwork, open communication, and meaningful interaction between inmates and staff. 2. There are at least two Deputy Superintendents at each Department facility. The Deputy Superintendent for Facilities Management (DSFM) is in charge of Unit Management and facility security. He/She is in charge of all Corrections Officers and Unit Managers. Day-to-day matters pertaining to the operation of the housing units and the security of the facility are his/her responsibility. In some facilities there is also a Deputy Superintendent for Internal Security (DSIS) who is in charge of security procedures. The Deputy Superintendent for Centralized Services (DSCS) is in charge of health care services, correctional industries, education, activities, mental health services, religious programs, employment, food services, and inmate personal services (laundry, shoe repair, etc.). 3. There is at least one Major at each facility. The Major supervises all Corrections Officers in the facility and the Unit Management Teams assigned to each housing unit. At facilities with two Majors, these responsibilities are shared between the Majors. 4. The Corrections Classification and Program Manager (CCPM) is responsible for inmate records, activities, volunteers, religious programs, inmate employment, alcohol and other drugs services, and other treatment programs. 5. Problems with your work assignment should be directed to your work supervisor. 6. Problems with academic and vocational education should be directed to the School Principal. Inmate Handbook Page 10 IV. Resolution of Problems Problems in your housing unit should first be directed to a Corrections Officer on the Unit. If the Corrections Officer cannot resolve the issue, you should bring the problem to the attention of your Counselor or Unit Manager. If the issue is not resolved at that level, it should be brought to the attention of the Shift Commander, then the Major. Your counselor is the first person to discuss treatment matters with. Your counselor can also help you with program changes, pre-parole matters, pre-release matters, and personal problems. A. Abuse Allegations (DC-ADM 001) 1. The Department does not allow any inmate to be subjected to abuse. Any alleged abuse will be thoroughly investigated. Abuse includes: a. the use of excessive force upon you; b. an occurrence of an unwarranted life-threatening act against you; and/or c. a verbal or written threat to inflict physical injury directed toward you. 2. Excluded from being reported as abuse are: a. conditions of confinement; b. claims of inadequate medical or intentionally denied medical care; and/or c. harassment or nonperformance of duty by a staff member. 3. Allegations of abuse may concern: a. all persons who are employed by the Department; b. all inmates; c. all persons and entities having business with or using the resources of the Department; and/or d. all persons and entities attempting, establishing, or maintaining contact with inmates. 4. If you are a victim of abuse, you must report the abuse in the following manner: a. file a grievance in accordance with policy DC-ADM 804, “Inmate Grievance System”; b. report it in or verbally or in writing to any staff member; or Inmate Handbook Page 11 c. report it in writing to the Office of Professional Responsibility at Central Office. 5. A third party may make reports of allegations of inmate abuse, verbally or in writing, to any staff member at the facility or at Central Office. 6. If you make a false allegation, you may be issued a misconduct. 7. For more information about abuse allegations, refer to Department policy DC-ADM 001, “Inmate Abuse Allegation Monitoring.” B. Sexual Harassment of or Sexual Contact with Inmates (DC-ADM 008) 1. The Department strictly prohibits the sexual harassment of inmates. Sexual Harassment is defined as sexual advances, requests for sexual favors, and other verbal, visual, or physical contact of a sexual nature, sexually offensive comments or gestures or any physical contact that is of a sexual nature or sexually suggestive. 2. If you believe you have experienced sexual harassment by staff, inmates, visitors, contractors, or individuals/groups that have business with the Department, you must report it as soon as possible. You may report it to the Unit Manager and/or submit a grievance in accordance with the grievance procedure outlined in Department policy DC-ADM 804. If you file a report, you must include the names of all parties involved; the specific details of the incident(s), date(s), time(s), or place(s) of alleged incidents; and witnesses, if any. The Unit Manager shall initiate a review of the allegation and respond as soon as possible, but no later than 10 working days from receipt of information. You may not be retaliated against for reporting an incident of sexual harassment or for providing witness testimony. 3. If you sexually harass another inmate, employee, visitor, contractor, volunteer, you will be subject to a Class 1 misconduct in accordance with Department policy DC-ADM 801, and it may be a violation of law. For more information, refer to Department policy DC-ADM 008, “Sexual Harassment of or Sexual Contact with Inmates.” 4. Sexual contact with inmates is strictly prohibited by the Department. Sexual contact refers to any sexual behavior directed towards an inmate and includes, but is not limited to: rape; any acts or attempts to commit acts which involve sexual contact; sexual abuse or assault; the intentional touching, either directly or through clothing, of the genitalia, anus, groin, breast, inner thighs, or buttocks. This does not refer to the Inmate Handbook Page 12 physical contact that may occur during a search of an inmate’s person, in accordance with Department policy, DC-ADM 203. 5. You will receive information on how to avoid sexual contact in prison, how to report an incident of sexual contact, and what to do if you are the victim of sexual assault. 6. If you are the victim of sexual contact you should report it to a staff member as soon as possible. All inmates, staff, visitors, contractors, and volunteers have a duty to report an incident of sexual contact. All complaints and allegations of sexual contact with an inmate will be investigated confidentially, thoroughly and promptly in accordance with Department policy DC-ADM 008. C. Inmate Grievance System (DC-ADM 804) 1. If you have an emergency you should speak to the nearest staff person as soon as possible. 2. These procedures do not apply to issues under DC-ADM 801, DCADM 802, “Administrative Custody Procedures” or any other Department policy that states that the DC-ADM 804 does not apply. 3. You should first try to solve a problem by speaking or writing to staff about it. If you write to staff, use a DC-135A. 4. If you choose to file a grievance, you must use form DC-804, Part 1 – Official Inmate Grievance Form. This form can be found on your housing unit. You must sign and date the form, keep the goldenrod copy and send the remaining copies of the form to the Facility Grievance Coordinator. The pink copy will be given back to you. 5. You must file the grievance within 15 days after the event on which the claim is based. If you wish to file an appeal, it must be done within 10 days from the date of the response to your grievance or appeal. You may only file your grievance or appeal after these timeframes if you are on a temporary transfer from the facility where the grievance should have been filed, you were permanently transferred to another facility from the facility where the grievance should have been filed, or you were on authorized temporary absence (ATA) for an extended period, or there were delays with mail delivery. 6. A grievance must be filed at the facility where the event occurred. Inmate Handbook Page 13 7. You must limit the facts of your claim or appeal to two pages. Your grievance or appeal will not be accepted if it cannot be read or is not courteous or understandable. 8. You should state the name of anyone who may have information about your claim. You should state what steps you used to try to solve it before filing a grievance. You may state any claim you wish to make about Department policies, rules, court orders or law. You may ask for money or any other legal relief available from a court. 9. You may only file your own grievance. A group of inmates may not submit a grievance together. 10. You should submit a different form for each different event, unless it is necessary to combine the events to support the claim. 11. All grievances and appeals must be made in good faith and for good cause. You will not be punished or otherwise sanctioned for good faith use of the grievance system. 12. You may be disciplined if you misuse the grievance system or fabricate facts in your grievance. If you file five frivolous grievances within a 30 day period, you may be limited to filing no more than one grievance each 15 working days. A grievance is frivolous when the allegations or the relief sought lack any arguable basis in fact. If your grievance is found to be frivolous you may appeal that finding to the Facility Manager within 10 days. If you are placed on a grievance restriction, you may appeal the restriction to the Facility Manager within 10 days. 13. At any point in the grievance process, you may withdraw the grievance. You must do this in writing, sign it and date it. You may either write on the original grievance form “I wish to withdraw this grievance” or you may send a request form to the Facility Grievance Coordinator with the number of the grievance asking for it to be withdrawn. 14. You will receive a response to your grievance. You must wait until you have a response from the Grievance Officer before you can appeal that response to the Facility Manager. You may only appeal issues that were raised in your grievance, or a decision that a grievance was frivolous, or a grievance restriction. 15. An appeal must be clearly labeled as an appeal at the top of the first page and include the grievance number. It must identify what response Inmate Handbook Page 14 you are appealing and why you are appealing. You may only appeal once. If your grievance was about personal property or a publication denial, you must state if you will appeal the issue to the Secretary's Office of Inmate Grievances and Appeals so that the item can be held pending a final decision. 16. You must wait until you have received a response from the Facility Manager before you appeal to the Secretary’s Office of Inmate Grievances and Appeals. The appeal must be filed within 15 days from the date of the Facility Manager’s decision. 17. All appeals to the Secretary’s Office of Inmate Grievances and Appeals must be addressed to the: Chief, Secretary’s Office of Inmate Grievances and Appeals Department of Corrections 2520 Lisburn Road, P. O. Box 598 Camp Hill, PA 17001-0598 You must include photocopies of the initial grievance, all responses and all appeals. You may receive copy service if you are indigent. The Secretary’s Office of Inmate Grievances and Appeals has 30 working days from receipt of your appeal to respond. Further information about the grievance procedures can be found in DC-ADM 804. V. Inmate Services/Privileges A. Alcohol and Other Drug Testing While you are in the Department, you will be subject to random and/or planned alcohol and drug testing. If you test positive for alcohol and/or other drugs, you will be issued a misconduct and your visiting privileges will be restricted to “non-contact” visits for a certain period of time. Repeated positive tests will result in your contact visits being restricted permanently. For more information about visiting restrictions for positive alcohol and other drug tests, refer to the DC-ADM 801, and DC-ADM 812, “Inmate Visiting Privileges” policies. B. Cable Television (DC-ADM 002) 1. The use of the cable television system is a privilege. Misuse of the system or violations of the rules may lead to denial of this privilege as well as legal action against you. Inmate Handbook Page 15 2. You must agree to pay for the cable service you receive and it is your responsibility to make sure that you have enough money in your account to pay your cable bill when it is due. 3. During an emergency, the cable television company or the facility may turn off the cable system. 4. For more information about cable television you should refer to the DC- ADM 002, “Inmate Cable Television Service” policy and to your Facility Handbook Supplement. C. Cell Assignments Upon initial reception into the Department and after transfer to other facilities, you will be evaluated for your cell assignment. Cell assignments will be based on the staff’s evaluation of your previous behavior in a facility. Cell assignments will not be made based solely on race. It is your responsibility to inform the staff of any preferences you have about your cell assignment. Any preferences filed by you will be assessed by staff but not necessarily granted. D. Classification System The Department uses a standard classification system to determine your custody level and program code. Each level specifies the restrictions or freedoms that apply to you at that level. This system is also used to determine which facility you will be placed in and to place you in a housing unit. If you adjust poorly, you will be placed in higher security type housing. If you maintain proper behavior, you will generally be assigned to less restrictive housing. E. Commutation The Board of Pardons handles all applications for commutation of your sentence. Your counselor can give you information about the application. You may also write to the Pardons Case Specialist, Department of Corrections, P.O. BOX 598, Camp Hill, PA 17001-0598. F. Correctional Plan Correctional planning begins when you enter the Department. Since the majority of inmates will eventually return to the community, all correctional plans will focus on reentry into the community. Various counseling, Inmate Handbook Page 16 psychological, and other types of treatment services are available. You must participate in the completion of a Correctional Plan, which outlines various areas you should work on while you are in the Department. Your counselor will meet with you, at least once a year, to review your Correctional Plan and advise you on how to involve yourself in recommended programs and services. Following your Correctional Plan is important, as staff will use it when considering you for Custody Level advances, special programs, and parole. G. Education (Academic and Vocational) 1. If you are admitted to the Department on or after July 1, 2004, and you do not have a verified General Education Development (GED), High School Diploma (HSD) or Commonwealth Secondary Education Diploma (CSD), will be considered a mandated GED student. Every inmate within three years of his/her minimum release date, who does not have a GED/HSD/CSD, will be designated as a mandated GED student. Once identified, you will be enrolled in an appropriate academic education program or placed on a waiting list. 2. All facilities have basic education programs and adult programs leading to the taking of the GED test for a high school equivalency diploma. School age inmates are able to enroll in a Commonwealth Secondary Education Diploma Program, which will be provided at designated facilities. At most locations, there are college level programs available for continuing your education. You should discuss your educational needs, interests, or desires with educational personnel, and take advantage of available programs. If you are 16 years old or younger, you are legally required to attend school. 3. Along with academic programs, vocational programs are available at each facility. Having a job skill is one key to success when you are released. By evaluating your interests and abilities, it may be possible to plan a vocational program that could help you in getting and keeping a job when you are released. You should discuss your needs, interests, and desires with the school staff. 4. If you test below the designated grade level, you will first be considered for assignment to the school. If no space is available, you will be placed on a waiting list. While you are on the waiting list for school, you may be assigned a job until school space becomes available. When you are placed in school, you may lose the job you were assigned. Inmate Handbook Page 17 5. While you are waiting for school space to become available you will be paid in accordance with Department policy DC-ADM 816, “Inmate Compensation.” 6. Inmates attending an academic or vocational class will be paid in accordance with Department policy DC-ADM 816. The total school hours and work hours combined must not exceed eight hours multiplied by the number of workdays available in the pay period. You will not be paid for any hours over this total. 7. Students enrolled in a full-time vocational program that leads to a license or state and/or federal certification, such as apprenticeship students, barber students, etc., will be paid in accordance with Department policy DC-ADM 816. H. Food Services (DC-ADM 610) 1. You will be offered three meals during each 24-hour period and there will be no more than 14 hours between the evening meal and breakfast. Two of the three meals will be hot meals. 2. The Department will not use food as a disciplinary measure. 3. You may be served a therapeutic diet if it is ordered by the Medical Department. 4. Since all inmates at a facility are fed within three hours for each meal, the time you will be allowed to eat each meal will be limited. 5. You are not permitted to help yourself to food items in the serving areas. All meals will be served to you in portioned sizes. You should check your food tray before you leave the serving line. 6. Seating shall be in an orderly manner within group dining rooms or other designated dining areas. 7. You are expected to follow these dining room rules: a. Meal lines shall be orderly and no line jumping is allowed. b. You must be fully dressed in your state issued clothing. c. You may not bring books, papers, or other items into the Dining Hall. d. QUIET talking is permitted in the Dining Hall. e. Moving from table to table is NOT allowed. Inmate Handbook Page 18 f. You may not give or exchange food items with another inmate. g. You may not take any food from the Dining Hall except for one ration of fresh fruit. Fruit must be consumed the day it is issued. h. You must take one of each eating utensil (knife, fork, and spoon) at each meal even though you may not have a need for it. You must turn in one of each utensil available for the meal when you leave. i. You may not re-enter the Dining Hall once you have left. j. No tobacco products may be used in the Dining Hall. k. You may only go through the line once, and you are expected to eat all the food you accept. l. The person working on the serving line may not give your ration of any item to another person. m. Talking to the people working on the serving line is not allowed except to tell them which food items you want. If the service line is equipped with a glass divider, you are not to touch the glass. I. Grooming (DC-ADM 807) If you do not follow the grooming rules, you may be subject to a misconduct. All hairstyles must be able to be searched by staff using facility security equipment or pat searches. If you change your hairstyle and it significantly changes your appearance, it may be necessary to issue you a new identification photo. If a new I.D. is needed, you must pay for it. 1. Male Hairstyles a. You may not let your hair grow so it falls below the top of your shirt collar. b. If you have an Afro hairstyle, it can be no longer than four inches. c. You must keep your hair neat and clean. d. You may have a beard or goatee as long as it isn’t longer than three inches. If you have a mustache and/or sideburns, they must also be kept neat and clean. e. Specialty haircuts such as Mohawks, razor/clipper cut designs, etc., dyeing, coloring, or tinting of hair are prohibited. 2. Female Hairstyles a. You may have your hair styled in the beauty school as long as you keep it neat and clean. b. You are not allowed to dye, color, or tint your hair. If you want this done, it has to be done by the certified training program for cosmetology in the facility beauty school. Inmate Handbook Page 19 3. Grooming Services You will be allowed to get a haircut once every 30 days. You are not permitted to cut or groom the hair or beard of another inmate except as part of the barber or cosmetology school programs. 4. Hairpieces You may have a hairpiece if it is necessary to present a normal appearance due to inability to grow hair as a result of an accident, injury, or disease as verified by the facility physician. J. Guest Speakers (DC-ADM 813) 1. A request for a person to be allowed to speak to the inmates of a facility must be initiated by a member of the inmate population, or the speaker, to the Facility Manager. This request shall include: a. the name and address of the speaker; b. the name and address of the organization that the speaker represents; c. the subject of the speech; and d. the proposed location and time of the speech. 2. The Facility Manager must receive the request at least 30 days before the date on which the proposed speech is to take place. 3. The Facility Manager will decide if the speaker is permitted. A response to the inmate’s or speaker’s request as to the exact date, time, and location for the speech will be made within five working days of the receipt of the request. 4. If the requesting inmate or speaker objects to the decision either that the speaker is not permitted to speak at the facility or to the time and location permitted for an approved speaker, he/she may write to the Regional Deputy Secretary. 5. For more information on this subject, refer to Department policy DCADM 813. K. Mail and Incoming Publications (DC-ADM 803) 1. You are permitted to send and receive mail. You may send up to 10 one-ounce letters per month at no cost to you. You may write to anyone except other inmates, former inmates, parolees, probationers, Inmate Handbook Page 20 co-defendants, Department staff, victims of your crime, or persons who have informed the Department that they do not want to receive mail from you. You may send mail by placing it in the collection boxes on your housing unit. You must attach a cash slip for the postage on the mail you send. 2. All mail sent to you will be opened and checked for contraband. The Department may read mail sent to you if the Department has reason to believe it is being used to plan an escape or other illegal activity. Legal mail will be opened and checked for contraband in your presence only if it has a Department stamp on it showing that it was previously checked or if it has an attorney control number on the envelope. For more information on the handling of legal mail, refer to DC-ADM 803. 3. You are permitted to receive magazines and newspapers provided that the publisher sends them directly to you. If you are under the age of 18, you may not receive obscene explicit sexual materials. No inmate may receive obscene material or material that threatens the security of the facility such as information about making explosives, firebombs, weapons, escape devices, alcohol, poisons, or drugs. Publications that advocate overthrowing the government, which create a threat in a correctional setting, contain racially inflammatory material or advocate, assist or are evidence of criminal activity are not allowed. You may not receive maps or nude photographs. 4. Detailed information about mail privileges appears in DC-ADM 803. L. Marriages (DC-ADM 821) 1. If you wish to get married, you must submit a request to be married, in writing, to a Facility Chaplain and to your Counselor. 2. The courts require a personal appearance by you to apply for a marriage license. You are responsible for notifying the Court that the Department will not provide you with transportation to secure the marriage license for security reasons, but the following alternatives are available: a. videoconferencing may be considered, if the facility and the Court have the technology, and the Court approves the use of a videoconference; and/or b. a request that the Court permit someone from the Prothonotary’s office to come to the facility to conduct the interview. Inmate Handbook Page 21 3. If your marriage is approved, you and/or your spouse must pay all costs involved. 4. Facility Chaplains are permitted to make their own decision whether they will personally perform the ceremony. If the Facility Chaplain chooses not to perform the marriage ceremony, an outside person permitted by the Facility Chaplaincy Program Director (FCPD) may perform the ceremony within the facility in accordance with Department policy DC-ADM 812. If the FCPD permits an outside person to perform the ceremony, you or your spouse must pay the cost. 5. All marriages held at a facility will take place in the visiting room either before the beginning of visiting hours or after visiting hours. 6. You and your prospective spouse will be permitted to have two visitors each present at the ceremony. The visitors must be selected from your approved visiting list. M. Outside Assignments (DC-ADM 805) 1. You must meet the criteria listed in Department policy DC-ADM 805, “Application, Review, and Approval for Inmates Requesting PreRelease Status, Placement in Operation Outward Reach, and Outside Assignments” to be eligible for an assignment outside the secure perimeter of the facility. 2. Your participation in an Outside Work, Armed Mounted Detail, Forestry Unit, Community Works Program and/or Escorted Leave is voluntary. Outside assignments may vary from facility to facility. Your counselor can advise you of the assignments available at your facility. 3. A request for your placement on an Outside Work, Armed Mounted Detail, Forestry Unit, Community Works Program and/or Escorted Leave may be initiated by you to your counselor or on your behalf by your counselor or work supervisor. If you meet the eligibility criteria in the DC-ADM 805, you may submit a DC-135A to your counselor requesting consideration for a staffing for outside assignment approval. 4. Processing for your placement on an outside assignment may begin nine months prior to you meeting the time requirement. Inmate Handbook Page 22 N. Parole Services If you are serving a maximum sentence of two years or more, the Pennsylvania Board of Probation and Parole (PBPP) determines when you will be released. You must serve your minimum sentence before you are eligible for parole. The PBPP will interview you approximately three months before your minimum sentence expires and will determine whether or not you will be paroled, and if so, whether your parole plan is acceptable. A representative of the PBPP is permanently assigned to each facility and is available to discuss parole matters with you. If you are serving a maximum sentence of less than two years, the court that sentenced you determines your release on parole. You may apply for parole at any time during your sentence by writing to the court. In accordance with 18 Pa.C.S. §11.1101, you must pay a fee to the Crime Victim’s Compensation Fund prior to your release. You are responsible for this payment. You will not be released on parole until you make this payment. For more information you should speak with your Counselor. O. Pre-Release Transfer (DC-ADM 805) 1. Pre-Release Programs Criteria You must meet the criteria listed in the DC-ADM 805 to be eligible for placement in a Community Corrections Center (CCC) or a Community Contract Facility (CCF). 2. Application Process for Pre-Release Programs a. If you are classified as Custody Level 4 or 5, or are serving a life sentence, you are not eligible. b. You must submit an application to your Counselor to begin the application process for Pre-Release Programming. However, your counselor may submit an application on your behalf. For CCC or CCF placement, the process may begin at 18 months prior to your minimum sentence date. The process may begin earlier if there are exceptional reasons regarding your situation. 3. Process for Obtaining Pre-Release Transfer a. You may not be granted Pre-Release transfer unless you satisfy all the criteria contained in DC-ADM 805 or have received written authorization from the Facility Manager, the Regional Deputy Secretary, and the Secretary. One of the criteria requires that you Inmate Handbook Page 23 have served at least nine months in the Department and that you have not received a misconduct for nine months. b. Satisfying the eligibility criteria for Pre-Release Transfer does not mean you will automatically be permitted Pre-Release programs. c. You may ask your Counselor for assistance in completing your application for a Work/Educational/Vocational Release program, or transfer to a CCC or CCF. d. Exceptions regarding participation in Pre-Release Programming may be granted only upon written approval of the Regional Deputy Secretary or the Secretary/designee. P. Recreation and Activities 1. There are scheduled periods for general recreation, indoors and outdoors, depending on the weather. There are also structured activities and sports programs available at each facility. Information about these activities is posted on the housing unit bulletin boards or contained in the Facility Handbook Supplement or the dedicated cable television system. 2. Where available, an auditorium may be used to show movies, special shows, entertainment, etc. During these events, you are expected to be thoughtful of others. Talking will be in low tones and only to persons right next to you. Roaming about the auditorium and physical contact with other persons is not allowed. 3. Where available, a Gymnasium/Field House may be used for recreation periods. All rules for this area must be followed. Q. Religious Activities (DC-ADM 819) 1. General Information a. Each facility provides an interfaith chapel for religious activities and the storage of appropriate religious materials. Chaplains for various faiths hold regular religious services. Schedules of various religious services and observances will be posted on the bulletin boards. b. All chapel activities will be under the supervision of a facility or Contract Chaplain, and/or an authorized faith group leader, and security personnel, if necessary. c. All chapel activities will be scheduled through the FCPD and conducted on a regularly scheduled basis, if permitted by the Facility Manager/designee. Where possible, the religious activities Inmate Handbook Page 24 of all groups will be scheduled at times consistent with the religious beliefs of the group. d. Family and community participation in special religious services and activities may be permitted, in accordance with Department policy DC-ADM 822, “Guidelines for Inmate Organizations, Picnics/ Banquets, and Inmate Fund Raisers.” 2. Religious Items a. Religious items may be obtained if permitted by the FCPD. b. All religious items must be purchased and mailed directly from an outside vendor or distributed by a facility Chaplain/designee. The FCPD must review and permit the purchase of all religious items by signature on the DC-815-A, Outside Purchase Approval form, accordance with Department policy DC-ADM 815. All packages must include the vendor's label or stamp. c. Homemade or other unauthorized items are not permitted. d. Inmates working in Food Service may be prohibited from wearing religious articles during working hours. e. Incense and oils are permitted only during religious services. Any incense or oil found in your possession is considered contraband. f. Religious medals pertaining to your faith will be permitted and may be worn on a chain about the neck provided they are not a safety or security problem. Chain lengths and medals must not exceed the dollar amount and sizes listed in Department policy DC-ADM 815. Medallions that are designed with a pin to be worn on clothing are not permitted. Medals may be made of metal, wood, or plastic and may be round in shape or in the shape of the appropriate religious symbol such as a cross, star, or crescent. You will be permitted only one religious medal in accordance with the above criteria. g. For more information on the items permitted for each faith group, see Department policy DC-ADM 819. 3. Religious Literature Religious literature is permitted in accordance with DC-ADM 803. 4. Accommodations for Religious Beliefs a. If you wish to request a Religious Accommodation, you must send a DC-52, Inmate Religious Accommodation Request form to the FCPD and supply written information from any outside faith group, including any publications that describe the goals, beliefs, and practices of the group. Inmate Handbook Page 25 b. You may request a religious exemption to the hair length requirement as detailed in DC-ADM 807. c. If you are informed that your request will not be accommodated, you may file a grievance in accordance with DC-ADM 804. d. If you violate any of the principles of an accommodation, those violations will be reported to the CCPM and the Administrator of Religion and Family Services. If the violations are verified, the FCPD will inform you that participation with the accommodated faith group is no longer permitted. You may also be issued a misconduct. 5. Religious Advisors a. You may choose a Religious advisor to visit you. No relative, family member or facility volunteer is permitted to serve as your religious advisor without the approval of both the FCPD and the Facility Manager. b. You may have individual visits with your religious advisor. These visits will be handled as outlined in Department policy DC-ADM 812, “Inmate Visiting Privileges.” c. The religious advisor is not permitted to bring the formal book of faith (Bible, Quran, or equivalent) into the visiting room. Books of faith are available in the visiting room. R. Specialized Treatment Programs Many specialized treatment programs are available, if you need them. Some programs have guidelines that must be met for you to qualify. Specialized programs may be available for: sex offenders, emotionally disturbed inmates, veterans with Post Traumatic Stress Disorder (PTSD), substance abusers, older inmates, etc. You should talk with your counselor if you have questions regarding any of these programs. S. Telephone Calls (DC-ADM 818) 1. Telephones are located in each housing unit. You may have to schedule your calls in advance. Each facility sets the procedures and the hours that the phones may be used. You will be limited to a specified amount of time. When your time is up, you are to hang up the phone and let the next scheduled person use the phone. 2. The phones may only be used to place pre-paid or collect calls to persons listed on your Inmate Telephone Authorization List (DC-8A) and to telephone numbers in the North American Calling Plan or Inmate Handbook Page 26 through pre-paid calls purchased by you. For more information on prepaid calls, see Department policy DC-ADM 818 and DC-ADM 815. 3. The use of the telephone system is a privilege. Misuse of the system or violations of the rules may lead to your phone privileges being reduced or denied. You could also be prosecuted if you commit a crime using the phone. 4. During emergency conditions, the telephone company may have to temporarily shut down all or part of the system. In facility emergency situations, the facility may limit telephone calls. 5. How often you may use the phone and how long each call will last is based on your custody level. Custody Level 4 inmates are permitted a maximum of three 15-minute calling blocks of time per week. Custody Level 3 inmates are permitted a maximum of one 15-minute calling block every day. Custody Level 3Y, 2, and 1 inmates are permitted two 15-minute calling blocks of telephone time every day. 6. Multiple calls per time block are permitted. Facilities may limit calling frequency below the maximum if the number of inmate telephones available does not allow for sufficient calling blocks of time, and for other operational reasons. 7. You are not allowed to make calls to: a. inmates, former inmates, parolees, probationers, or co-defendants, without the written approval of the Facility Manager. If approved, all such calls will be monitored; b. any employee/former employee of the Department, unless requested in writing by the employee/former employee and approved in writing by the Facility Manager; c. a judge, criminal justice official, prosecutor or court administrator without his/her prior written approval; d. a minor child, unless approved in writing by the child’s parent or legal guardian; e. a victim of the crime for which you are incarcerated, unless requested in writing by the victim and approved by the Facility Manager; f. a member of the public who requests in writing to have his/her telephone number blocked; g. any toll-free or emergency number (e.g., 800, 888, 911); Inmate Handbook Page 27 h. a local, county, state or federal correctional facility, or to an inmate housed there without the prior written approval of officials at both facilities. If approved, such calls will be monitored; i. three-way calling, call forwarding and calls through a call forwarding service using a local phone number; and j. calls through multiple long-distance carriers. 8. You are permitted to place a call on the Automated Inmate Telephone System (AITS) within 72 hours of initial reception, or recommitment as a parole violator. The call will be limited to 15 minutes. 9. You must make a list of approved telephone numbers as outlined in Department policy DC-ADM 818. 10. You may place calls when you receive a computer listing of the telephone numbers that have been entered into the AITS under your Inmate Personal Identification Number (IPIN). 11. The IPIN number is considered your confidential personal property. The loaning, borrowing, or theft of that number is not allowed and will result in the inmates involved receiving a misconduct. 12. The Facility Manager/designee may authorize the use of the facility owned telephone system, for the following reasons: a. serious illness, hospitalization or death of an immediate family member; b. contact with an attorney regarding legal matters which, because of an immediate deadline, cannot be handled in person or via correspondence; c. court ordered conversations with the court; and d. extraordinary or unusual circumstances. 13. If the use of the facility owned telephone is approved for a call listed in Number 11 above, you will have to use your pre-paid calls or sign a DC-138, Cash Slip for the charges for the call. 14. In accordance with 18 Pa. C.S. §5701, all telephone calls are subject to interception, recording, monitoring, and disclosure except those placed to or from an attorney representing you. Attorney telephone numbers must be verifiable and will not be subject to recording or monitoring. Inmate Handbook Page 28 15. Warning: calls placed to cell phones, cordless phones, or phones of inferior quality may be automatically terminated due to static, adverse weather conditions, or weak signals. If this occurs, there will be no reimbursement for the call set-up fee that is incurred when the number is re-dialed. Likewise, if someone at the called number picks up an extension phone, the call may be automatically terminated, and you will not be reimbursed for the call set-up fee that will be incurred when the number is re-dialed. 16. A call on the AITS will be initially announced to the called party as originating from a correctional facility and subject to monitoring and/or recording. Announcements may be made periodically during telephone conversations. There will be no reimbursement for the time consumed by these recorded announcements. T. Transfers 1. Incentive Based Transfers a. The following criteria, at a minimum, will be used for processing an inmate for incentive based L-2 transfer: (1) the transfer should be viewed as incentive based in nature; (2) transfer should be to, or closer to, your home region; (3) if you are currently in a program that you need to complete, you should not be transferred until you complete the program; (4) all facilities may receive incentive based transfers; (5) hardship transfers in their own right will not be approved; they must also meet the criteria for promotional transfers; (6) you must be in following your Correctional Plan (DC-43); (7) you must be Custody Level 2 for a minimum of 12 months; (8) you must not be scheduled for Parole review in the next six months; (9) you must be free of Class I misconducts for one year and no more than one Class II misconduct in the past year; (10) you must have complied with the Sections VII.B. (DNA Collection) and VII.C. (Megan’s Law Registration) of this handbook, if applicable; (11) you must have served two years in the facility or fifty percent (50%) of the minimum sentence, whichever is less; and (12) if you are transferred away from your home region for disciplinary reasons (including, assault, escape, and drug related misconducts) you will not be eligible for an incentive based transfer back for a minimum of five years. Inmate Handbook Page 29 b. In addition to the above criteria, the following apply to inmates serving a life sentence: (1) a lifer who has served a minimum of 10 years in the Department will be eligible for transfer to his/her home region or region closer to home; and (2) a lifer may be Custody Level 3. 2. Rescinding of Incentive Based Transfers If you receive an incentive based transfer but you fail to maintain the incentive based criteria, you will be transferred away from your home region. U. Veterans Affairs If you or your spouse has served in the military, you may be eligible for benefits or specialized programs. You should talk to the Veterans Representative about this or other veteran matters. Your counselor will be able to help you contact the proper military representatives. VI. Organizations (DC-ADM 822) The Facility Manager and the Secretary must approve all inmate organizations. Your Facility Handbook Supplement contains a list of the approved organizations at your facility. Any questions you have about inmate organizations should be directed to your Unit Manager. A. Request for Approval for Organization Picnics/Banquets, Award Ceremonies, and Inmate Fund Raisers 1. The initial request must include a rationale for the event and specific information on menu items, entertainment, outside guests and an estimate of the total number of persons expected. Each request must be submitted on the Inmate Organization Picnic/Banquet, Inmate Fundraiser Request Form, DC-ADM 822. 2. The request will be reviewed by the Department Head to determine whether the request is within the guidelines established by policy. The Department Head will make a recommendation for approval/disapproval and then forward the proposal to the CCPM. Inmate Handbook Page 30 The CCPM, Food Services Manager, Intelligence Captain, and Deputy Superintendents will each review the proposal and make recommendations for approval/disapproval. After the reviews are completed, the proposal will be sent to the Facility Manager who will make the final decision. 3. Each facility group and/or inmate organization may request permission for one picnic/banquet per year. If you belong to more than one approved organization, you will be permitted to attend only one annual picnic/banquet. You will be permitted to choose which picnic/banquet you attend. B. Inmate Eligibility 1. If you are in general population with a Custody Level 2 or 3, you are eligible to attend organization picnics, banquets, religious meals, and award ceremonies. 2. If you are Custody level 4, you are permitted to attend graduation ceremonies only. 3. In order to attend the annual picnic/banquet, you must be a member in good standing of the sponsoring organization for a period of six months, and you must not have any Class 1 misconducts for a period of six months. 4. If at anytime prior to the scheduled banquet, awards ceremony, or religious banquet, you are placed in the Restricted Housing Unit (RHU) or on cell restriction, you will not be permitted to attend the scheduled event. There will be no reimbursement for costs already incurred. 5. If you are placed on non-contact visits restriction under DC-ADM 812, you will not be allowed to participate in awards ceremonies or picnics/banquets. C. Visitor Eligibility 1. You may have guests for organization picnics/banquets and graduation ceremonies. Guests or visitors are not permitted to attend award ceremonies, volunteer banquets, or religious meals. 2. You may have a maximum of three guests at organization picnic/banquets or graduation ceremony. All guests must be on your approved visiting list. Inmate Handbook Page 31 3. The list of guest participants will be submitted to the Department Head and the Intelligence Captain two months prior to the scheduled event. Only those individuals on your approved visitors list and cleared by Security will be permitted to attend the event. 4. In accordance with DC-ADM 812, you will be screened to determine if you are a sex offender. If you were convicted of a sexual offense involving a minor, you will not be permitted to have the victim attend any of the events. 5. Individual visitors participating in the organization picnic/banquet or graduation ceremony will not be permitted to visit on the day of the event. The event will count as an individual visit for you when outside family visitors attend. 6. All your guests will be identified with a visitor’s badge, hospital type bracelet and water resistant, non-transferable hand stamp. D. Cost All costs for picnics/banquets, award ceremonies, and inmate fundraisers will be handled according to DC-ADM 822. E. Fundraisers The Facility Manager must approve all requests for inmate organizations to conduct fundraisers. Each request will be initiated via an Inmate Fund Raising Proposal form. The request must be submitted as part of the organization’s Yearly Plan of Action. In general, income derived from the inmate population must be dispersed in such a manner as to benefit the entire inmate population and/or facility approved charitable organizations. For more information, see the DC-ADM 822. VII. Legal Issues A. Criminal Violations (DC-ADM 004) 1. If any act constituting a crime in Pennsylvania is committed against you by anyone, you may press charges against that individual(s). If such an act occurs, it is your duty to notify the staff so that they may take whatever action they deem appropriate, including those listed in the DC-ADM 004, “Criminal Violations” policy. Inmate Handbook Page 32 2. Any act that you commit that constitutes a crime may also be handled as misconduct within the facility. Disciplinary action may be taken in addition to criminal prosecution. For more information refer to DCADM 004. 3. All laws of the Commonwealth of Pennsylvania apply to you while you are in the custody of the Department and criminal charges can be filed against you. There are other laws that directly relate to your conduct because of your conviction or incarceration. These include, but are not limited to: a. b. c. d. e. f. g. h. i. j. k. l. Escape (18 Pa. C.S. §5121); Weapon or Implements of Escape (18 Pa. C.S. §5122); Contraband (18 Pa. C.S. §5123); Assault by Prisoner (18 Pa. C.S. §2703); Assault by Life Prisoner (18 Pa. C.S. §2704); Bribery in Official or Political Matters (18 Pa. C.S. §4701); Threats and Other Improper Influence in Official and Political Matters (18 Pa. C.S. §4702); Riots (18 Pa. C.S. §5501); Kidnapping (18 Pa. C.S. §2901); Arson (18 Pa. C.S. §3301); Criminal Mischief (18 Pa. C.S. §3304); and Involuntary Deviate Sexual Intercourse (18 Pa. C.S. §3123); B. DNA Collection If you have been convicted of a felony, you are required to give a DNA sample. To find out if this applies to you, you should talk to your counselor. C. Megan’s Law Registration 1. If you have been convicted of certain sexual offenses, you will be required to register with the Pennsylvania State Police (PSP) upon your release. To find out if this applies to you, you should talk to your counselor. 2. If you are already registered with the PSP, you must complete the required change of address worksheets each time you are transferred. Your counselor will help you with this. D. Legal Services (DC-ADM 007) Inmate Handbook Page 33 1. Each facility maintains a Law Library that makes legal reference materials available to all inmates. A list of the legal materials available in the library is outlined in DC-ADM 007 “Access to Provided Legal Services.” 2. These legal reference materials will be supplemented or replaced according to the schedule established by the publisher and at the direction of the Librarian, based upon the facility's specific need. 3. You may request any legal material you believe to be valuable to you in seeking legal remedies. 4. The Facility Handbook Supplement includes the specific hours when the Law Library is open, how you request to go to the Law Library, and any other rules about the Law Library. 5. Each facility provides on-site legal document photocopying services. 6. You may be eligible for help from a Paralegal if you cannot speak or understand English in its written or verbal form, or if you have a disability that substantially interferes with your ability to use or understand legal materials. You should talk to your Counselor if you think you are eligible for the help from a Staff Paralegal. 7. You may ask to be a Legal Reference Aide. To see if you qualify for this assignment, refer to the DC-ADM 007. If you are selected as a Legal Reference Aide, you will be given the training you need to perform the job duties. 8. Most documents submitted to courts do not have to be notarized. If you must have legal documentation notarized, the Notary at each facility will provide the service without charge. A DC-135A should be used to request Notary Public Services. 9. If you are transferred out-of-state pursuant to an Interstate Corrections Compact and request Pennsylvania legal materials, your request will be referred to the librarian at your last Department facility. That facility will be responsible for copying the requested material and sending it to the librarian at the facility where you are confined. You will be responsible for any copying and postage charges. 10. If you are, or if you become indigent, you may be given a reasonable amount of paper, carbon paper, and a pen or the use of a pencil to prepare legal documents. See DC-ADM 803. Facility staff may ask Inmate Handbook Page 34 questions concerning the work you are doing to determine what materials are necessary. 11. Advance Directive Declaration for Health Care (Living Will) a. You will be asked if you wish to sign an Advance Directive Declaration (Living Will). This document will ensure that your wishes are followed if you become incompetent and in a terminally ill condition or in a state of permanent unconsciousness. b. You may also choose to name someone (a surrogate) to make medical decisions for you if you become incompetent and in a terminal condition or in a state of permanent unconsciousness. c. Staff will explain the declaration form in which you can decide specific forms of treatment that you do not wish to receive, and the surrogate provision where the person you have chosen may make these decisions on your behalf. E. Release of Information (DC-ADM 003) 1. You may seek access to information maintained in your file by sending a DC-135A to the appropriate staff member. The DC-ADM 003 lists the information that is available and the appropriate staff member to ask. 2. Persons other than inmates may seek access to inmate information by writing to the Facility Manager’s Assistant. 3. All requests for information must be accompanied by a DC-108, Authorization for Release of Information Form, when required. You must sign the DC-108 for the information to be released. The DC-108 is available in the library. 4. You may not receive information about other inmates. 5. A request for DOC information is made by sending a request slip to appropriate Central Office staff. A list of the available information, and the appropriate staff member, is contained in DC-ADM 003. 6. The Freedom of Information Act (5 USCS §552) is a federal statute that governs access to information maintained by federal agencies. Since the Department is a Pennsylvania Executive Agency and not a federal agency, the Department is not subject to the Freedom of Information Act. You will be sent a letter denying such a request. Inmate Handbook Page 35 7. The Right-to-Know Act (65 P.S. §66.1) permits Pennsylvania citizens to inspect and copy certain Department "public records." This includes accounts, vouchers, or contracts dealing with the disbursement of funds, or the acquisition, use or disposal of services or supplies. You will have to pay for copies of applicable records that you request. 8. All copying charges are contained in the DC-ADM 003. F. Riots, Hostages, and Disruptive Behavior 1. You may not, in any manner, interfere with an employee in the performance of his/her duties. You may not, either alone or with others, try to escape, riot, or disrupt normal facility routine. You may not detain or hold any person as a hostage. If this happens, there will be no resolution until the facility is brought under control and hostages, if any, are released. 2. Any employee who is taken as a hostage loses his/her rank, identity, and authority as an official while being held as a hostage. Any orders or requests made by such hostage will not be recognized nor acted upon by other staff. 3. During a hostage situation there will be no change in policies of the Department. The standing orders and the duties of all employees not held hostage will remain unchanged. Taking hostages and making threats will not result in your demands being met or your release from custody. 4. There will be no amnesty given. Persons holding hostages will not be excused from prosecution. G. Sentence Calculation Questions If you have any questions regarding your sentence calculation, you should send a DC-135A to the Records Office at the facility. If the response does not answer your question or resolve the issue, you must use the grievance system as outlined in DC-ADM 804. VIII. Medical Services (DC-ADM 820) A. Accommodations for Inmates with Disabilities (DC-ADM 006) Inmate Handbook Page 36 1. Qualified health-care personnel will give you a medical, dental, and mental health screening/appraisal within 14 days of your commitment. 2. The facility's health care department, through qualified personnel or specialists will determine if you have a disability, unless previously diagnosed, and will determine the level of accommodation(s) you may need and provide the appropriate medical treatment, as required by the condition. 3. In determining the type of auxiliary aid and/or service necessary, consideration should be given to your requests. This information will be recorded in your medical file. 4. In addition to all the factors considered by the Department in making facility assignments, consideration may be given to facilities where the needed accommodations are provided. 5. If you are diagnosed as mentally and/or physically impaired you may be assigned to a Special Needs Unit, depending on the severity of the disability, and may be assigned to a facility with a Mental Health Unit or a facility where the needed accommodations are provided. 6. For more information about accommodations for inmates with disabilities you can refer Department policy DC-ADM 006, “Reasonable Accommodations for Inmates with Disabilities” policy. B. Medical Services (DC-ADM 820) 1. Explanation of the Medical Services Program a. You will be advised of the medical services fees and payment procedures during your intake medical screening. b. You will receive written notice of any changes in medical service fees and payment procedures within 60 days after the effective date of a regulation that modifies the fee for medical services and payment procedures. c. At the time of service, the health care staff will inform you whether a fee will be charged for the medical service. A fee will be assessed each time a medical service is provided to you, except when multiple services are performed at one visit, at the discretion of the health care professional. d. If a fee is to be charged for the medical service, you will be required to sign an authorization form which describes the medical service provided and the amount that will be taken from your Inmate Handbook e. f. g. h. Page 37 inmate account and authorizes the Department to take the funds. The DC-138-A, Cash Slip, will be used for this purpose. You will not be refused a medical service for financial reasons. If you lack sufficient funds to pay a medical service fee, funds will be taken from your account as soon as sufficient funds are deposited in your account. This will continue until the debt is paid. The Department may seek to recover any amount owed for medical services fees by you if you are released. (1) The Department has the burden to prove the amount owed. (2) Your inability to pay will be a defense to the payment of part or all of the fees. You may be charged for the necessary medical services for your actions against another inmate according to DC-ADM 820. For more information on paying for medical services, and a list of services that you will or will not be charged a fee, refer to DC-ADM 820. 2. Access to Medical Services a. Non-Emergency Services The Facility Handbook Supplement has Sick Call procedures that ensure you have regular access to the Medical Department. b. Emergency Services Each facility has procedures ensuring that emergency medical treatment is available at all times. 3. Private Medical Insurance a. If you have private medical insurance, or VA health care benefits you must pay for your own medical needs through the insurance. b. At the time of reception you will be asked if you have private medical insurance. If so, the information will be recorded and this information will be maintained in your medical record. c. The CHCA/designee will bill the insurance company when medical services are provided. You are expected to cooperate with the CHCA in submitting information to the insurance company. d. The insurance payment will be paid to the Commonwealth of Pennsylvania for deposit in the General Fund. Inmate Handbook Page 38 4. Dental Care Program a. Services (1) Upon admission you will receive a dental screening. (2) While in the DCC, you are eligible for urgent care only. (3) Once you have been assigned to a permanent facility, the following services are available: (a) non-emergency extractions; (b) fillings; (c) cleanings; (d) oral hygiene instruction and dental health education; (e) dentures; (f) partials; and (g) anterior and bicuspid root canals. (4) The following services are not routinely offered in the Department: (a) bleaching; (b) crown and bridge (caps); (c) implants; (d) molar root canals; (e) orthodontics; and (f) cosmetic dentistry. b. Access to Dental Care (1) After you are screened or examined, a treatment plan will be written by the dentist and services will be scheduled according to the severity of the observed dental conditions. (2) If you experience dental problems while you are waiting to be seen you may access dental care by submitting a sick call request slip to the Dental Department. Dental sick call is conducted five days per week. If you elect to use the dental sick call system, you will be charged a co-pay in accordance with Department policy DC-ADM 820. (3) You should practice good oral hygiene while incarcerated to include brushing and flossing. (4) You may be placed on a tracking list for dental treatment, in accordance with the severity of the observed condition. You may not be called for dental treatment for a period of time after the original screening and/or examination. Inmate Handbook Page 39 (5) You do not have the right to refuse a dental examination. In the event that you choose not to accept the treatment being offered, you must sign a DC-462, Release from Responsibility. (6) Lost or broken dentures and partials that require replacement or repair are your financial responsibility. (7) All non-urgent dental inquiries should be made to the dental office by using a DC-153A. IX. Property (DC-ADM 815) A. Basic Issue 1. During the reception process you should receive the items listed in the DC-ADM 815. 2. All items issued to you are for your personal use and may only be used by you. Any abuse or misuse of these items may result in a misconduct. 3. When you are transferred to a permanent facility, those items are to be returned and appropriate substitutes will be issued. The only exception is for seasonal garments that will be provided on an asneeded basis. 4. When you are received at your permanent facility, you will be provided with toilet articles. Soap and toilet paper will be made available on the Housing Unit in accordance with local procedures. 5. For more information on Basic Issue items, see DC-ADM 815. B. Cell Content Limit 1. While in general population, you are permitted storage space equal to four records center boxes. This space may be made up of the four records center boxes or one footlocker and two record center boxes. In cells that have a built-in, or a freestanding storage cabinet, you are permitted to use that space and either two records center boxes or one footlocker. 2. While in General Population and/or DCC status, you are permitted to have the following items in your possession: Inmate Handbook Page 40 a. personal property items listed on your Personal Property Inventory (DC-153); b. basic issue and state issued clothing items listed in the DC-ADM 815; c. no more than the dollar amounted indicated in the DC-ADM 815 of items listed in Section I-B of the Approved Master Commissary List; d. only those commissary items, and in the quantities indicated, on the Approved Master Commissary List, Sections I-A to J (excluding Section B) and Appendix A, Arts and Crafts Supplies; and e. only those outside purchase items, and in the quantities indicated, in the Approved Master Commissary List, Section II; and f. only your own prescribed self-medication with current treatment dates. Expired medications will be returned to the Medical Department. 3. Any item in your possession not included in the above list will be considered contraband. 4. Exceptions will be made for items issued to you as part of a Department approved treatment, educational, or activities program. C. Commissary 1. General Information a. You may visit the commissary on a scheduled basis. Items such as toilet articles, cigarettes (if permitted in the facility), candy, cookies, etc., are available to you. There are also several items that may be ordered from the outside purchase list through the business office. b. The commissary schedule and a listing of the available items and prices will be posted on the bulletin board in your housing unit. c. You may visit and/or receive commissary once each week and you will be allowed to spend the maximum weekly dollar amount indicated in the DC-ADM 815. Outside purchases, outside purchase items stocked by the commissary, newspapers, clothing items, smoking cessation patches, pre-paid telephone calls and approved organizational ticket purchases will not be included in the maximum dollar amount limit. During the holiday period of Thanksgiving through the first week of the New Year, the weekly dollar amount that you may spend will be increased. Holiday food packages, from an approved vendor, are optional at each facility. Inmate Handbook Page 41 2. Commissary Lists The Commissary may sell only those items listed in the Approved Master Commissary List. (See DC-ADM 815) Only the Secretary may approve changes to the list. A current Approved Master Commissary List will be posted in the Commissary, in the housing units, and made available in the library. D. Contraband 1. You may not have any item in your possession, or under your control, that was not issued to you by the Department, purchased by you in or through the commissary, and/or otherwise approved for you by the facility. 2. If you become aware of contraband anywhere within the facility or on the grounds, you must report it immediately to a staff member. 3. Contraband includes, but is not limited to: a. money; b. implements of escape; c. unprescribed drugs; d. drugs which are prescribed but you are not authorized to have; e. drug paraphernalia; f. intoxicants or materials used for fermentation; g. poisons; h. weapons; i. property of any other persons; j. any item that you have that poses a danger to others; k. any petition or other unauthorized writing which is apparently intended for distribution or circulation; l. any item that has been altered from its original condition; and/or m. any item used to show a gang affiliation. E. Outside Purchases 1. You, your family, and/or friends are allowed to purchase approved items from approved vendors. Only those items listed in the Approved Master Commissary List (See DC-ADM 815) may be purchased. 2. Items available in the commissary must be purchased from the commissary. Approved non-consumable items that are not stocked in the commissary may be approved for outside purchase. The Facility Inmate Handbook Page 42 Manager may authorize approved outside purchase items to be stocked and sold in the commissary. If so, these designated items may only be purchased through the commissary. 3. You will be notified of permitted vendors by signs posted in the commissary and on your housing unit. Mail order catalogs will be available to you in general population for selection of approved items not stocked by the Commissary. It is your responsibility to advise family and friends of the permitted vendors and of the requirements of the DC-ADM 815 regarding outside purchases. Religious items are purchased in accordance with DC-ADM 815 and DC-ADM 819 and with the permission of the FCPD. 4. All purchases must be approved prior to the time the item is received by the facility. You must submit a DC-815A Outside Purchase Approval Form to request an outside purchase. All requests for outside purchase must be reviewed by a designated facility official, who may approve or disapprove the request. Approval of the DC815A is conditional. Final approval is made upon inspection when the item is received. You are limited to one outside purchase order per month. 5. If you request to make an outside purchase, you must have the funds in your personal account at the time of request. The funds needed for your purchase will be set-aside at the time the order is processed. Credit and layaway purchases are not permitted. 6. Return of items will be at your expense. Non-returnable items are considered contraband. 7. You must pay all costs associated with outside purchases including taxes, postage, and delivery charges. The facility may refuse to accept any outside purchase item for which postage or any other monies are due or for which the request was not properly processed. 8. You may not make outside purchases if you are in Temporary Transfer or ATA status. The Program Review Committee (PRC) may make an exception if you are in this status more than 90 days. 9. Only those items shipped directly from a permitted vendor to the facility will be accepted and all packages must be addressed to you. The address on the package must contain your committed name, your Department number, and the complete address of the facility in which you are housed. The vendor or store name and return address Inmate Handbook Page 43 must be clearly shown on the outside of the package. No handwritten labels, business cards, or store receipts will be accepted. Packages not meeting these requirements will be sent back to the vendor or store as undeliverable and without the facility assuming any responsibility for the package. The facility may decline to accept any package that is not properly addressed. 10. All packages delivered to the facility will be opened and searched. If contraband is found, the package will be confiscated and it may be returned to the sender or held for evidence. Any money concealed in a package received by the facility is contraband and will be deposited in the IGWF. Promotional gifts received with an outside purchase, which are determined to be contraband, will be mailed home at your expense, or destroyed. 11. You will receive the items you ordered only after they have been searched and approved. 12. Each electronic item will be tested to ensure it works. After the item is tested and you accept it, it will be engraved to mark your name and number on the item. This is to establish ownership during searches and/or if an item is reported stolen. All electronic items will be searched for contraband and the tops of all screws used in the item will be painted in order to detect tampering. F. Personal Property at Reception If you had any of the following items in your possession at the time of reception, they were searched for contraband and returned to you. Watch-maximum value $50.00 Ring-wedding band only, no gem stones One pair earrings-post style, females only Eyeglasses and contact lenses (Contact lenses will be replaced with standard eyeglasses, unless they are determined to be medically necessary.) Dentures with container Legal materials Pen and/or pencil Ten pictures Ten letters Religious Medal (no larger than 1¼ inches with a chain no longer than 26 inches and a maximum value of $50.00) Religious Headwear in accordance with DC-ADM 819 Prosthetic Devices (if approved by the medical department) Toilet articles such as razor, comb, brush, that are similar to approved commissary items. Inmate Handbook Page 44 G. Shipping of Personal Property 1. When you are transferred from one facility to another, you will make a personal inventory list and pack all your property in the presence of an officer. Both you and the officer will sign the DC-153. 2. No more than two record center boxes and a television box will be shipped with you. A footlocker may be used in place of the two record center boxes. 3. The sending facility will ship permitted excess legal materials in any remaining boxes by the least expensive common carrier available (U.S. Mail, UPS, etc.) to the receiving facility or to a person you designate at your expense, or the items will be destroyed. 4. If you are approved as indigent, only paper will be shipped and your account will be charged. 5. At the receiving facility, you will unpack and re-inventory the property in the presence of an officer. Both you and the officer must sign the DC-153. 6. In the case of an Authorized Temporary Absence (ATA), such as going to court, that is expected to last more than one day, you will be given cardboard boxes in which to pack personal property. It is your responsibility to make sure you pack any/all legal materials that you need for court. 7. All personal property will be packed prior to your release and placed in an orderly manner in your cell or stored as directed by the facility. You will be responsible for packing your own items and sealing the boxes with sealing tape. When the boxes are sealed, you should make an appropriate mark of some type, including your full name and number, over the tape so that it can be determined whether the boxes have been opened. A Housing Unit Officer, or other staff member, will issue you a receipt for the number of boxes only, not what is in them. You will also sign the receipt and the boxes will remain at the facility. If you refuse to sign the appropriate forms, two employees will certify that the inventory is correct. The form will then be marked indicating that you refused to sign it. 8. In cases when you cannot be present during inventory procedures, the property officer and another employee will process the property and both shall sign the form. Inmate Handbook 9. Page 45 At no time will an inmate be permitted to pack another inmate’s property. However, a cellmate may be present to identify items in order to determine ownership of unmarked items. H. State Issued Items 1. The pants and shirts that you are issued shall be worn to all work details and to all scheduled facility activities (e.g., school, outside performances, religious activities, etc.). Sweat clothes (cocoa brown only), T-shirts, and thermal underwear (white only, with the exception of inmates at SCI-Cambridge Springs and SCI-Muncy who may wear brown) may be worn under state issued clothing. 2. You may wear authorized clothing items (e.g., sweat clothes, T-shirts, shorts, etc.) during unit recreation, in cells, dormitories, in the yard, to the gym, or to other recreational activities for which sportswear is required. 3. While in general population, you will be provided cocoa brown state issued clothing. 4. If you are assigned to a special work area you will be provided any special clothing or protective equipment (e.g., facemasks, gloves, protective helmets, goggles, etc.) as required. X. Rules A. Administrative Custody Procedures (DC-ADM 802) 1. Administrative Custody (AC) is a status of confinement that provides the highest level of security and control. If you are placed in this status, you will not have the same privileges as the inmates in general population. An AC inmate who is assigned to a Special Housing Unit (e.g., Special Management Unit (SMU), Long Term Segregation Unit (LTSU), Secure Special Needs Unit (SSNU), etc.) will have privileges as defined within the Unit’s Handbook and according to the program level the inmate has attained. 2. You may be transferred from general population to AC status by order of the Shift Commander for the following reasons: a. you are in danger by some person(s) in the facility and you cannot be protected by alternate measures; Inmate Handbook Page 46 b. you are a danger to some person(s) in the facility and the person(s) cannot be protected by alternate measures; c. you are a danger to yourself; d. you are suspected of being involved in or are the instigator of a disturbance; e. you pose an escape risk in a less secure status; f. you have been charged with or are under investigation for a violation of facility rules and there is a need for increased control pending disposition of charges or completion of the investigation; g. you have requested and been granted self-confinement; h. you are being held temporarily for another authority and are not classified for the general population of the holding facility; i. no records are available to determine your custody level and/or essential information to determine your housing and/or custody status is not available; j. you are a phase 1 capital case; and/or k. you have completed a DC sanction but one or more of the above reasons exist. 1. Whenever practical, you will be given a written notice of the reasons for AC prior to placement, but in all cases within 24 hours after placement. This written notice shall be prepared on a misconduct form DC-141 Part 1 by indicating "Other." 2. If you are placed in AC status, the PRC shall conduct a hearing not more than six working days, excluding weekends and State holidays, after AC placement, and you will be given the reason for your placement. You may waive this hearing at any time prior to the hearing's completion. Any refusal to attend a hearing is a waiver of the proceeding. You may not appeal the results of a hearing you refuse to attend. 3. You will be allowed to respond to the reasons for AC placement. You may tell your version verbally or submit it in writing. A committee member will write down a summary of any relevant verbal statement you make. 4. You may appeal the decision concerning your initial confinement in AC status in accordance with Department policy DC-ADM 802. Your right to appeal terminates when you are released from AC status. 5. If you are placed in AC status as pre-hearing confinement on a misconduct charge, no hearing will be held on the reason(s) for confinement if a hearing on the misconduct charge is held within Inmate Handbook Page 47 seven working days, excluding weekends and State holidays, and the misconduct charge is disposed of at the hearing. A request to continue the disciplinary hearing is an automatic waiver of the hearing on the reason(s) for pre-hearing confinement. 6. Confinement in AC status for investigative purposes will not exceed 15 calendar days, in accordance with policy DC-ADM 802. 7. The Facility Manager or the PRC may release you from AC status to general population at any time during your AC confinement, unless you have been identified as restricted for release. If you have been identified as restricted for release from AC status, the Facility Manager must request the approval of the Secretary in order for you to be released. B. General Rules In addition to the rules mentioned below, there are specific rules for the facility. Those rules are in the Facility Handbook Supplement. 1. Staff members will give you directions and/or instructions when needed. All directions and/or instructions are considered orders and must be followed promptly. If you fail to do so, you may be issued a misconduct. 2. If you have received conflicting orders from different staff members you must follow the last order given. 3. Things may happen that are not covered by specific rules. If this happens you should ask a staff member for help or direction. 4. Tampering with or destroying state property is not permitted. 5. You and other inmates may not congregate, hold any group meetings, or form any organizations without proper approval of the Facility Manager. The facility will make time and space available for approved meetings. 6. You may not possess or circulate any petitions or place any signs or posters anywhere in the facility. 7. Practicing martial arts such as judo, karate, or other arts of selfdefense and drilling or marching are not permitted. Inmate Handbook Page 48 8. You are expected to approach staff with respect and courtesy. Staff should be addressed by their title (Captain, Doctor, etc.) or by "Mister" and if their last name is known ("Mister Smith,” etc.) or by "Sir" if their correct title or last name is not known. For women, the appropriate Mrs., Ms., Miss., Ma’am, etc. should be used. C. Housing Unit Rules 1. The operation of Housing Units varies from facility to facility. Follow the directions given to you by Housing Unit staff. 2. Beds must be made daily and your cell must be clean and orderly. 3. Sheets, a pillowcase, and a blanket are provided for your sleeping comfort and must be used on your bed and not used for any other purpose. Towels are provided for showering and must not be used for any other purpose. Sheets and pillowcases will be changed on the specific day scheduled for your housing area. 4. Loud talking, whistling, singing, or any other form of noisy behavior is not allowed in the housing area. You may only talk in a low tone with the person in the cell on your immediate right or left or in adjacent bunks. Talking after lights out is not allowed. 5. Passing of items between cells is not allowed. 6. Changes to your cell or living area are not allowed without prior written approval of your Unit Manager. 7. Unless approved, nothing is to be affixed to the bars, vents, windows, beds/bunks, walls, or cell doors. Special areas within each cell or living area may be used for pictures and/or posters, as determined by the facility. Pictures and/or posters displaying nudity may not be displayed where they are visible; they must be secured inside lockers or footlockers. 8. You are responsible for the things in your cell or living area and you will be held accountable for any contraband found on your person, among your belongings, or in your cell or living area. If you share housing with others, any contraband found in common areas will be considered yours, whether it belongs to you or not. You should check your cell or living area, before you leave and when you return, to make sure that no contraband is present. If you find any contraband, you should immediately tell a staff member. Inmate Handbook Page 49 9. You are responsible for the personal property in your possession. The facility will not be responsible for articles lost, stolen, or damaged, unless the accidental damage is the result of negligent staff actions. 10. You are not allowed to enter any cell other than your own, or to allow any other inmate to enter your cell unless he/she is assigned to the same cell. 11. You are responsible for the cleanliness of your cell or living area and you must keep the toilet, washbasin, and all other fixtures neat and clean at all times. If repairs to cell fixtures or equipment are needed, you must report it to a housing unit staff member. 12. Go directly to your cell/bunk when returning to the housing area unless instructed to do otherwise. Loitering on the housing unit is not allowed. When you enter your cell, you are responsible for closing the cell door. 13. You must be completely dressed when out of your cell or living area except for showers. Sweat clothing may be worn to the yard/gym and for use in the dayroom only. 14. When the signal is given for a count, you must immediately stand by your cell door or bunk, with the light on, so you are clearly visible to the officer taking the count. You must remain silent during count. If it is necessary to take a recount, you must go through the same procedure. When count is completed, you will be notified by an announcement. Counts taken after evening lockup will be silent counts and, except for you being visible to staff, the above does not apply. 15. Earphones must be used with personal radio, television sets, and electronic musical instruments at all times unless otherwise approved by the facility. These items may not be carried from place to place while playing. 16. Throwing trash on the cell floor, the tier, the housing unit floor, or out of windows is not allowed. All trash must be put in the trashcans or containers provided. 17. No pets of any kind are allowed, except as permitted for the Prison Pup Program. Inmate Handbook Page 50 18. Shower facilities and clothing are provided for you, and you are expected to make every effort to maintain acceptable personal hygiene, be neatly dressed, and conscious of your personal hygiene at all times. If personal cleanliness (failure on your part to keep clean) becomes a problem, staff members will notify you and you are required to correct the situation. If you refuse to maintain personal cleanliness, you may be issued a misconduct. 19. Fire drills will be conducted on a regular basis. When a drill is announced, you are to exit the housing unit in a quiet, orderly manner as directed by staff. D. Misconducts (DC-ADM 801) 1. If you break a Department or facility rule you may be issued a misconduct report, commonly called a "write-up." All rule violations are reported on a DC-141, Misconduct Report, Part I. The misconduct report is used to give you notice of the rule violations with which you have been charged and report the facts of the charges. The report will be used as evidence against you during the formal misconduct hearing or informal resolution meeting. A list of the misconduct charges can be found in this handbook. 2. You will be given a copy of the misconduct report the same day as it is written. If you are not given a copy the same day the report is written, the Shift Commander/designee must determine why the report was not given to you and indicate the reason on the misconduct report. 3. If the misconduct charge is of a serious nature, the Shift Commander may place you in pre-hearing confinement in the Restricted Housing Unit (RHU) until you have a misconduct hearing. If you are placed in pre-hearing confinement, the Facility Manager/designee will review your placement within 72 hours. 4. Misconducts are disposed of by either an informal resolution meeting with your Unit Manager or a formal hearing conducted by the Hearing Examiner. The misconduct charges eligible for informal resolutions are Class I charges #'s 35 through 46, and all Class II charges. 5. In the case of informal resolution, the Unit Manager/designee and at least one other member of the Unit Management Team will meet with you for disposition of the charges within seven working days. The reporting staff member is not required to attend the meeting. Inmate Handbook Page 51 6. If you refuse to attend the informal resolution meeting, the Unit Manager will return the misconduct report to the Shift Commander and it will be forwarded to the Hearing Examiner for a formal hearing. 7. If the misconduct report is handled formally, a Hearing Examiner will conduct the misconduct hearing. 8. You are expected to attend the misconduct hearing. If you refuse to attend, you will be asked to sign a waiver advising you that you have a right to a hearing but you may waive that right. If you refuse to attend the hearing or sign a waiver, two staff members who witness the refusal will sign the waiver form and the hearing will be held without your presence. The Hearing Examiner will determine guilt or innocence, and a sanction will be imposed if you are found guilty. You may not appeal the results of a hearing you refuse to attend. 9. If you become disruptive at the hearing or refuse to follow the instructions given by the Hearing Examiner, you will be removed and the hearing will be conducted without you being present. 10. In cases when it is apparent that you are unable to collect and present evidence effectively on your own behalf, assistance will be permitted. You must be unable to understand the English language or be unable to read or understand the charges and/or the evidence to have assistance. 11. If you are physically or mentally unable to participate in a hearing, the Hearing Examiner will postpone the hearing until you are able to participate. The decision to postpone a hearing for one of these reasons will be in writing and will be made at the time the hearing would have been held. 12. In misconducts involving financial loss or cost because of your behavior, the Hearing Examiner may impose costs against you for replacement or repair of items. 13. The Hearing Examiner may dismiss any misconduct charge without prejudice, to permit recharge without deciding if you are guilty or innocent. 14. If you are found guilty of an alcohol or drug-related misconduct, the Hearing Examiner will complete a Drug-Related Misconduct Form and give you a copy. Inmate Handbook Page 52 15. The Drug-Related Misconduct Form will serve as your notice that you were found guilty of a misconduct for dealing, possessing, or using (including by urinalysis or refusal to submit to urinalysis) illegal drugs, unprescribed drugs or controlled substances and that you will be prohibited from having contact visits for the period specified below. 1st offense - 180 days 2nd offense - 360 days 3rd offense- indefinitely 16. If your contact visits are prohibited indefinitely because of drug related misconducts, you will have to wait three years and complete Alcohol and Other Drugs Treatment programming before you can write to the Facility Manager asking to have contact visits again. 17. The hearing examiner may reduce the classification of any Class I misconduct (except charges #1 through #15) to a Class II misconduct. If you are found guilty of Class II misconduct charges, you may be subject to one or more sanctions except placement in disciplinary status and loss of pre-release status. 18. Information on misconduct charges, misconduct procedures, and the appeal process can be found in this handbook. 19. For more information about discipline refer to DC-ADM 801. Inmate Handbook 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. Page 53 Misconduct Charges A. Class I Charges (Formal Resolution Only) 24. Extortion or blackmail Assault 25. Sexual Harassment Murder 26. Any criminal violation of the Rape Pennsylvania Crimes Code not Arson set forth above (must be Riot specified) Escape 27. Tattooing, or other forms of Robbery self-mutilation Burglary 28. Indecent exposure Kidnapping 29. Engaging in, or encouraging Unlawful restraint unauthorized group activity Aggravated assault 30. Breaking restriction, Voluntary manslaughter quarantine or informal Extortion by threat of violence resolution sanction Involuntary deviate sexual 31. Gambling or conducting a intercourse gambling operation or Threatening an employee or his/her possession of gambling family with bodily harm paraphernalia Fighting 32. Possession or circulation of a Threatening another person petition, which is a document Threatening, harassing, or signed by two or more persons interfering with a Department K-9 or requesting or demanding that mounted patrol horse something happen or not Engaging in sexual acts with others happen, without the or sodomy authorization of the Facility Wearing a disguise or mask Manager Failure to report an arrest for any violation of the Pennsylvania Crimes 33. Using abusive, obscene, or inappropriate language to an Code (Community Corrections employee Centers only) Possession or use of a dangerous or 34. Violating a condition of a prerelease program controlled substance Possession or use of intoxicating beverages Inmate Handbook Page 54 B. Class I Charges (Eligible for Informal Resolution) 39. Refusing to work, attend 35. Refusing to obey an order school or attend mandatory 36. Possession of contraband including programs or encouraging money, implements of escape, nonothers to do the same prescribed drugs (or drugs which are 40. Unauthorized use of the mail prescribed, but which the inmate is or telephone not authorized to possess), drug 41. Failure to stand count or paraphernalia, poisons, intoxicants, interference with count materials used for fermentation, 42. Lying to an employee property of another, weapons or other items which in the hands of an 43. Presence in an unauthorized area inmate present a threat to the 44. Loaning or borrowing property inmate, others or to the security of 45. Failure to report the presence the facility. of contraband 37. Violation of visiting regulations 38. Destroying, altering, tampering with, 46. Theft of services (i.e. cable TV or other facility services). or damaging property. If you are charged under section B with possession of an item of contraband which is a weapon or an item which in your hands presents a threat to others or to the security of the facility, and the item also has a legitimate use in the area discovered, credible evidence that the item has been used only for the legitimate purpose may reduce the rule violation to a Class II. Possession of drugs (as determined by laboratory analysis), alcohol, poisons, and/or weapons are not eligible for informal resolution. C. Class II Charges (Eligible for Informal Resolution) 51. Possession of any items not 47. Body punching, or horseplay authorized for retention or 48. Taking unauthorized food from the receipt by the inmate not dining room or kitchen specifically enumerated as 49. Failure to report or unexcused Class I contraband absence from work, school, or 52. Any violation of a rule or mandatory programs regulation in the Inmate 50. Smoking where prohibited Handbook not specified as a Class I misconduct charge Any attempt to commit any of the above listed charges is a misconduct of the same classification as the completed act. Inmate Handbook Page 55 Misconduct Procedures 1. Misconduct written by staff member. 2. Misconduct is given to the inmate on the day it is written. 3. DC-141 Part II (A), “Inmate Request for Representation and Witnesses” to be submitted by 9:00 a.m. the day after the misconduct is served. 4. DC-141 Part II (C), “Hearing Supplement, Inmate Version, and Witness Statement” to be submitted by 9:00 a.m. the day after the misconduct is served. Informal Resolution Meeting 1. Meeting is held within seven days of the misconduct being served. 2. Meeting is conducted by the Unit Manager/designee and at least one other Unit Management Team Member. 3. Assistance or witnesses are not permitted. Informal Sanctions 1. no action; 2. reprimand and/or warning; 3. refer to Hearing Examiner for a formal misconduct hearing; 4. up to seven days cell restriction; 5. up to seven days loss of specific privileges (e.g., telephone, yard, day room, etc.); 6. one week loss of commissary; and/or 7. assignment of additional work duties for which you will not be paid; and/or payment for damaged/destroyed state property, with which you agree to pay. If you do not agree, the matter will be forwarded for a formal hearing. Formal Hearing 1. Hearing will be scheduled no less than 24 hours or no more than seven working days, excluding weekends and State holidays, after notice of the misconduct is served. 2. Conducted by a Hearing Examiner. 3. Assistance or witnesses permitted as approved by the Hearing Examiner. Misconduct Sanctions If you are found not guilty, this will be recorded in writing and you will be given a copy. No reason is required for a not guilty decision. Any record of the misconduct will be removed from your record and kept in a separate file until you are released or transferred. If you are found guilty the sanction indicated below may be imposed: 1. placement in the RHU for a period not to exceed 90 days per misconduct charge; 2. cell restriction for a period not to exceed 30 days per misconduct charge. Cell restriction is total confinement to general population cell, dorm area or cubicle, except for meals, showers, one formal religious service per week, commissary, law library and one 1-hour specified daily exercise period. Participation in programs, school, work is suspended; 3. loss of privileges for a prescribed period. Privileges lost must be specifically identified and shall, where possible, be related to the misconduct violation. Privileges include television, radio, telephone, and commissary for up to 180 days, visiting suspension or restriction for up to 60 days, yard and blockout; 4. loss of job assignment (this is mandatory for a guilty finding of misconduct charges #1 #34); 5. assessment of costs as a result of the your behavior; 6. reprimand, warning, counseling; 7. final disposition of confiscated contraband; 8. revocation of pre-release status and/or outside program codes; and/or 9. limitation of commissary privileges to ten dollars ($10.00) a week for up to one year following a finding of guilt for a misconduct involving gambling. Inmate Handbook Page 56 Misconduct Appeal Process Informal Charges 1. Only in those cases that the sanction is disproportionate to the offense. 2. No appeals are permitted from a finding of not guilty. Formal Charges 1. The procedures were contrary to law, Department policies, or regulations; 2. the punishment is disproportionate to the offense; and/or 3. the findings of fact were insufficient to support the decision. 4. No appeals are permitted from a finding of not guilty. First Level of Appeal - Program Review Committee (PRC) 1. The appeal to the PRC must be submitted with 15 calendar days of the informal meeting or misconduct hearing. 2. All appeals must be written on a DC-141 Part 2E form and must be signed. 3. Only one appeal to PRC is permitted for each misconduct report. 4. The PRC may: a. reject any appeal that does not conform to the procedures outlined above; b. uphold the Hearing Examiner's or Unit Management Team’s decision; c. uphold the finding of guilt, but modify the punishment; d. vacate the decision and remand back to the Hearing Examiner for a rehearing; e. vacate the decision and charge to permit recharge and rehearing; or f. dismiss the charge and prohibit recharge. 5. A written statement of the PRC decision is given within seven working days. Second Level of Appeal (Facility Manager) 1. The appeal to the Facility Manager and must be submitted within seven calendar days of the receipt of the PRC’s decision. 2. All appeals must be in writing and all appeals must be signed. 3. Only one appeal to Facility Manager is permitted for each misconduct report. 4. A written statement of the Facility Manager’s decision will be given within seven working days of receipt of the appeal. Inmate Handbook Page 57 Final Appeal (Office of Chief Counsel) 1. You may appeal the decision of the Facility Manager within seven calendar days of the receipt of the Facility Manager’s decision. 2. All final appeals of misconducts shall be addressed to the Chief Hearing Examiner, as follows: Chief Hearing Examiner 1451 N. Market Street Elizabethtown, Pa. 17022 3. Appeals that are addressed to the Secretary, Chief Counsel, or to other 4. 5. 6. 7. Central Office Staff, are delivered to these individuals first, and then referred to the Chief Hearing Examiner. Improperly addressed appeals may cause a delay in the response at final appeal. When appealing for final review of your misconduct you are responsible for providing the Chief Hearing Examiner with a brief statement relative to issues and any available paperwork or documentation relevant to the appeal. A proper appeal for final review should include photocopies of the Misconduct Report, Hearing Examiner’s Report, the Inmate Version and Witness forms (if applicable), Appeal to PRC, PRC Response, Appeal to the Facility Manager, and the Facility Manager’s response. The Chief Hearing Examiner will review and respond to all misconduct appeals to final review within seven working days of receipt of all necessary records. The Chief Hearing Examiner will review the misconduct, the hearing report, and all appeals, and the issue that was raised to final appeal. Upon completion of final review, the Chief Hearing Examiner will respond directly to you in all cases where the position taken by the facility is upheld. In all cases where the action of the Hearing Examiner, PRC or the Facility Manager is reversed or amended, or where a matter is remanded, the Chief Hearing Examiner shall prepare a letter to you and a memo to the Facility Manager. The Chief Hearing Examiner will forward the letter and memo to the appropriate Regional Deputy Secretary for review and signature. Inmate Handbook Page 58 XI. Use of Force (DC-ADM 201) 1. Staff may not use force to punish you or for revenge. Staff may use force against you if they believe that they need to for one of these reasons: a. b. c. d. e. f. to protect themselves or others; to protect property from damage or destruction; to prevent an escape; to recapture you if you are attempting to escape or have escaped; to prevent a crime; to make you comply with rules or orders when other methods of control are not working; and/or g. to prevent you from harming yourself or others. 2. Staff must always use the least amount of force he/she believes is needed for one of the above reasons. Staff must stop using force when it is no longer needed. 3. Staff may only use deadly force against you when he/she cannot control you with less force AND he/she needs to use deadly force for one of these reasons: a. to prevent death or serious bodily harm to themselves or others; b. to protect property from damage or destruction only if such damage or destruction could cause serious bodily harm to themselves or others; c. to prevent escape or while in immediate pursuit of an inmate who is escaping; and/or d. to prevent you from escaping from a work detail, transport or other approved temporary absence if you have been convicted of an offense where you used or threatened to use physical force or violence against a person. 4. If force is used, it will be reported, documented, and reviewed. A planned use of force will be videotaped. XII. Visiting (DC-ADM 812) A. Private Viewing/Deathbed Visits 1. If you have an immediate family member (spouse - legal or valid common law spouse), children, parents, grandparents, brothers, sisters, aunts, uncles, or step-relative) with whom you had made your home pass away, or when his/her death is imminent, you may be eligible for permission to attend a private viewing or deathbed visit with Inmate Handbook Page 59 the individual. If this situation occurs, you should talk to your counselor about requesting such a visit. 2. All costs including transportation and Corrections Officer overtime are the responsibility of the inmate or the inmate’s family, and must be paid prior to the trip. B. News Media Relations (DC-ADM 009) 1. If you wish to meet with a news media representative in person, you must request that the individual’s name be on your approved visiting list in accordance with Department policy DC-ADM 812. 2. If you wish to talk with a news media representative on the telephone, you must request that the individual’s name be added to your approved telephone list, in accordance with Department policy DC-ADM 818. 3. You may not be disciplined for participating in a media-related visit or telephone call. 4. The news media representative is permitted the same visiting and telephone access to inmates as the public. Therefore, no special arrangements will be made for the news media. All communications between you and the news media shall be conducted in accordance with Department policies DC-ADM 812 and DC-ADM 818. 5. Other than during a media-related visit or telephone call, you must complete an Inmate Waiver Form before any statements you make can be used. Requests for the Inmate Waiver Form should be sent to the facility Public Information Officer. C. Visiting Privileges (DC-ADM 812) 1. Approved Visitors List You will be asked to make a list of visitors during your initial classification period. Your authorized visitors list may contain up to 40 names. Changes to the approved list may be made using a DC-312A, Supplementary Authorized Visitors form. All visitors on your list are subject to approval. You must give all the information asked for on the DC-311A, Authorized Visitors, and the DC-312A forms for a visitor to be approved. You must give the visitor’s name, address, date of birth, and relationship to you. If any of this information is not given, the visitor Inmate Handbook Page 60 will not be approved. The Facility Manager may remove the name of any visitor from your list. 2. Visiting Rules a. While you are in general population, you are permitted to have visits in the general population visiting room during the approved visiting hours. b. Only attorneys and religious advisors on your approved visiting list can visit you during the first 10 days following commitment to the Diagnostic Classification Center. c. Visits will be no less than one hour in duration and shall occur during regularly scheduled visiting hours. Longer periods may be allowed depending upon your custody level and available space. d. The number of visitors you may have at any one time may be limited based upon available space. If the visiting area gets full, and more visits are to be conducted, visits will be ended on a “first in/first out” basis, if the visit has been at least one hour. e. If a minor child comes to visit you, a parent/legal guardian, County children/youth services agency staff, or an adult approved by the parent/legal guardian must be with the child. f. Unless the Facility Manager/designee grants special permission, no person may be on more than one inmate's visiting list at any one facility except in cases where the person is part of the immediate family of more than one inmate. A visitor may be granted visiting privileges at more than one facility. g. Your visitor’s privileges may be limited, suspended, or restricted (such as non-contact visits only or a restriction on visiting at more than one facility) if information becomes available suggesting that allowing the individual to visit poses a threat to the safety and security of any Department facility. h. When you have a visit, you must wear underwear and a Department supplied attire and shoes. If you report to the visiting changing area and you are not wearing underwear, (under shorts for males, under shorts and bra for females), you will be denied the visit. If you damage any of the visiting room clothing, you may be issued a misconduct and be made to pay to have the item repaired or replaced. i. All tobacco products are prohibited in visiting areas. 3. Visitor Identification and Registration Your visitors must have proper identification when they come to visit you. If one of your visitors cannot produce proper identification he/she Inmate Handbook Page 61 will not be able to visit you unless the Facility Manager/designee approves the visit. If one of your visitors uses false I.D., he/she will be suspended/barred from the facility for a period of time to be determined by the Facility Manager. Your visitors are required to sign in and out of the facility. 4. Inmate - Visitor Physical Contact a. You and your visitors may embrace only when meeting at the beginning of a visit and at the end of the visit when your visitors are leaving. b. If at any time during the visit the Visiting Room Officer has concerns regarding your or your visitor’s behavior, the Visiting Room Officer will direct you and your visitor to separate. c. You may only hold small children five years of age or less on your lap. The Visiting Room Officer will closely watch when you are holding a small child, or when a small child is sitting on your lap, and the amount of time the child is being held or on your lap. If the Visiting Room Officer has any concern regarding the size/age of a child, the amount of time you have held the child or let the child sit on your lap, or how you are handling the child, the Visiting Room Officer will direct you to remove the child from your lap. d. If you break the visiting room rules for the holding of small children or for physical contact with any visitor, you risk both your visiting privileges and those of the visitor. Serious or repeated violations of these rules may result in a misconduct and/or ban of contact visits. 5. Special Inquiries a. The Department will notify the parent or legal guardian of a minor child, including a child of yours, if you request to add the name of a minor child to your DC-311A. The child’s parent or legal guardian must indicate, in writing, on either a DC-313 Visitor Inquiry Form or a DC-313A Special Visitor Inquiry Form that he/she approves or objects to the minor visiting you. If no response is received, the request will be denied. b. If you are, or were previously convicted or adjudicated for an offense resulting from any physical or sexual abuse of a minor, it is required that the parent or legal guardian of a minor child, including your child, be told of all charges that resulted from any physical or sexual abuse of a minor. This is also required for cases in which the initial charge(s) was reduced to a lesser charge if a review of the facts of the crime indicates that the offense did involve any physical or sexual abuse of a minor. The parent or legal guardian must Inmate Handbook Page 62 indicate in writing that he/she is aware of the charges against you, that he/she approves or objects to the minor visiting you, and whether the minor was or was not your victim. If no response is received, the request for approval of the minor as a visitor will be denied. c. If you, as an adult or as a young adult offender, were ever convicted or adjudicated for a physical or sexual offense against a minor, you are prohibited from having a contact visit with any minor child. The Facility Manager may grant contact visits for you for special circumstances. 6. Religious Advisor a. You may choose a Religious Advisor at any time. To do this, see the DC-ADM 819 policy. Your Religious Advisor will not be counted against the total of 40 visitors you may have and visits of this type will not be counted as a regular visit. b. The Facility Chaplaincy Program Director must screen your Religious Advisor. Volunteers (exceptions may be granted by the Facility Manager/designee, relatives, and family members will not be permitted to be a Religious Advisor. A permitted individual may be an advisor for more than one inmate; however, that individual may only visit one inmate at a time. There may be no group meetings in the visiting room unless the Facility Manager grants special permission. The length and number of visits for Religious Advisors may be limited depending upon available space. 7. Attorneys a. At any time, you may identify your attorney. Your Attorney will not be counted against the total of 40 visitors and visits of this type will not be counted as regular visits. b. The confidentiality of the attorney/client relationship will be honored. Personnel will not be stationed in such a manner as to be able to overhear normal conversation. c. An attorney you have identified may allow persons, such as law students, paralegals, or investigators to visit you to act as the attorney's agent. Each person must present a written statement signed by the attorney on the letterhead of his/her firm identifying each person as the attorney's agent and attesting that the visit is for the purpose of a legal consultation. All attorneys and their agents are subject to the same rules as other visitors. d. You are not allowed to take any legal materials into or from the visiting room without the prior approval of the Facility Manager/ Inmate Handbook Page 63 designee. If approved, the legal materials will be inspected and accounted for both upon entering and exiting the Visiting Room by the staff assigned to that area. 8. Prohibited Visitors a. You may not have visits with the following people without approval from the Facility Manager: (1) a former inmate of any correctional system; (2) any person who is currently under parole or probation supervision; (3) any current inmate in pre-release status; (4) any Department employee; (5) any former Department employee; (6) any currently active Volunteer for the Department; (7) any current or former contract employee; or (8) any victim of the inmate (without prior approval). b. To ask for special permission you must send a request slip to your Counselor and list the visitor by name, relationship, and his/her status (current inmate, former inmate, parolee, employee, etc.). 9. Security a. If it is determined that a visit is or could be a threat to the security and orderly running of the facility, the visit may be terminated or denied. b. Separate areas will be provided where you will be searched and your state issued clothing and footwear exchanged for visiting room clothing and footwear. The reverse procedure will be followed after the visit. The facility will ensure that all visiting room clothing is washed before reissue and that all footwear is either laundered or a disinfectant spray used before reissue. c. You and your visitors are subject to search before, during, and after visiting. If you or any of your visitors refuse to be searched, you or your visitor will not be allowed any visits until approved by the Facility Manager. d. Each of your visitors, with the exception of those needing medically required ambulatory assistance devices (e.g., wheel chair, walkers, canes, crutches, etc.), is required to successfully pass through a metal detector as part of the visiting process. If a visitor uses an ambulatory device, he/she will be searched with a handheld metal detector. If he/she fails to pass through the metal detector, or fails Inmate Handbook e. f. g. h. Page 64 the handheld search, the visit will be denied. The only exception is in the case of a metal implant. In this case, a doctor’s certificate verifying the implant is required and the visitor will be scanned with a hand held metal detector. Your visitors will be allowed to take medically required ambulatory assistance devices (e.g., wheel chair, walkers, canes, crutches, etc.) into the visiting area. You are prohibited from handling any of these articles in the visiting area. Your visitors will be randomly selected for scanning by the Electronic Drug Detection Officers. Electronic Drug Detection scans may also be done based upon reasonable suspicion or other security information. If contraband is detected during the electronic drug detection scan, the visitor will be given the option of removing an article(s) of outer clothing believed to be contaminated and washing his/her hands. If the visitor opts to remove the article(s) of outer clothing believed to be contaminated and washes his/her hands, a second test will be performed. No strip searches will be conducted. If the visitor chooses not to remove the clothing article(s) and wash his/her hands, the visitor shall be denied access to the facility. If the results of the second test are positive, the Facility Manager/designee may authorize a non-contact visit. The Facility Manager will be notified in writing of all contraband finds and denied visits. The Facility Manager will use the following guidelines when your visitor has tested positive with the Electronic Drug Detection Equipment. If your visitor’s visiting privileges are suspended indefinitely, he/she will have to wait three years before he/she can write to the Facility Manager asking for permission to visit again. 1st offense, as outlined in subsection g. above. 2nd offense, visiting privileges may be suspended for 90 days. 3rd offense, (if within six months of visiting privileges being reinstated for the second offense), visiting privileges will be suspended for 180 days. 4th offense, (if within one year of visiting privileges being reinstated for the third offense), visiting privileges will be suspended for a minimum of one year. Reinstatement of visiting privileges will require the written approval of the Facility Manager. 5th offense, (if within one year of visiting privileges being reinstated for the fourth offense), visiting privileges will be suspended Inmate Handbook Page 65 indefinitely. Reinstatement of visiting privileges will require the written approval of the Regional Deputy Secretary or Secretary/ designee. i. The Facility Manager, at his/her discretion, may reduce the period of visiting suspension for the 2nd offense and may impose non-contact visiting. Deviation from these guidelines for subsequent offenses requires the approval of the Regional Deputy Secretary or Secretary. Any deviation from these guidelines that increases the period of visiting suspension requires the approval of the Regional Deputy Secretary or the Secretary. 10. Suspension, Termination, or Restriction of Visiting Privileges a. Your visits may be suspended, terminated, or restricted, to maintain the security or orderly running of the visiting room and/or the facility as a result of your behavior or the behavior of your visitors. b. The Hearing Examiner may impose a disciplinary sanction suspending or restricting your visiting privileges for a violation of the visiting room rules and regulation. All imposed sanctions shall be in accordance with Department policy DC-ADM 801. c. If you are found guilty of a misconduct for dealing, using (including by urinalysis or refusal to submit to urinalysis) or possessing illegal or non-prescribed drugs, you will be prohibited from having contact visits as follows: 1st offense - 180 days 2nd offense - 360 days 3rd offense - Indefinitely Note: Your non-contact visits will commence on the date of the misconduct hearing, upon finding of guilt. See the DC-ADM 801, DC-ADM 812, and this Handbook for more information about Drug Related Misconducts. d. Any visitor who attempts to bring or who brings drugs on the grounds of any Department facility will be permanently banned from visiting all Department facilities and the matter shall be referred to the Pennsylvania State Police for prosecution. e. Except for drug use, restriction of visiting privileges will not be used as a disciplinary measure for unrelated facility rule infractions. However, your visiting privileges may be restricted as a result of changes in housing or custody level made as a result of unrelated infractions. If you violate any of the visiting room rules, you jeopardize both your visiting privileges and those of your visitor. Inmate Handbook Page 66 XIII. Work Assignments (DC-ADM 816) A. General 1. All medically cleared inmates must accept any task assigned to them regardless of the amount of compensation offered in return. You do not have a right to be assigned, or continue to work in any particular work assignment. 2. If you are able to work, you will be assigned to a job depending upon job availability. Your job will be assigned through the Corrections Employment Vocational Coordinator. Your interests are a factor in making assignments. Your abilities, qualifications, and the availability of space on the job are also considered. However, as stated in Section V.G. of this handbook, if you test below the 8th grade competency level in reading, as measured by the TABE, you must enroll in the education program. 3. Failure to report to or refusal to work is regarded as a misconduct. Absence from your job location without prior knowledge and permission from a staff member is not allowed. 4. The job you desire may have a waiting list, or require special qualifications and your work assignment may be to an area that was not your first choice. This assignment, however, may be a steppingstone to other jobs in the future. 5. Many job assignments provide on-the-job training, which can be of vocational benefit to you. 6. If you work irregular hours, you may be permitted recreational activity in designated areas at designated times. 7. You are expected to carry your share of the work, and to do any task assigned. You may be required by the crew supervisor to do any job relating to the general duties of the work crew. You may, at times, depending upon facility needs, be assigned tasks unrelated to your present job. You may not refuse to perform those tasks as assigned. 8. You may not leave your place of work without approval from the work or crew supervisor and you must have a pass, properly signed, indicating where you are going and the time you left work. Inmate Handbook Page 67 9. Your job performance and conduct will be evaluated periodically and the evaluation will become part of your record. B. Pay System If you work, you will be paid for the hours you work according to the pay system described in DC-ADM 816, "Inmate Compensation." Most jobs are paid on the hourly basis. The pay system has three classes of hourly pay based on the skill level required. Each class has four pay steps. You begin at the bottom step of the class and can be considered for increases based on your skill, interest, and on-the-job performance. Pay is calculated monthly and credited to your account. Some Correctional Industries jobs include a bonus based on quotas or profits. C. Length of Work Day or Work Week 1. The standard workday consists of six hours, and the standard workweek consists of five days. You will only be paid for actual hours worked, as verified by the work supervisor. Hours of work will be figured from the time of arrival at, and departure from, the classroom or work site. 2. You will not be allowed to work more than five days a week or six hours per day under normal circumstances. In a department that functions seven days per week, where job changes are more frequent, you will be permitted to work more than five days per week without being eligible for overtime pay. 3. You may be granted a one-half hour break to visit the Barber or Beauty Shop monthly and the Commissary weekly, if these opportunities are not available during your non-work hours. D. Pay Rates 1. The pay rates for skilled classifications are listed in the DC-ADM 816. 2. You will be assigned the starting step of the pay class that matches your work skill. If you are starting at the unskilled pay level of Class 1, Step A, you will be evaluated by the Work Supervisor in 60 days for advancement to the next skill level. The Work Supervisor will base your advancement on your performance. Advancement to the next higher class can only occur if there is an opening in that class. Inmate Handbook Page 68 3. The General Labor Pool Allowance shall be used as the pay grade for temporary assignment. 4. If you participate in, or have completed, vocational training, you will not receive a reduction in pay rate if you are reassigned to an assignment that uses those skills. E. Pay Changes 1. Pay raises and demotions will be at the discretion of the Work Supervisor based upon your performance as documented on the DC48B, Inmate Progress Report. You are not entitled to pay raises and they are not automatic. Raises may be awarded only in one-step increments and are based on your work performance. The first pay raise and later increases will not be granted until you complete two months of satisfactory performance. Pay raises are effective in the first full pay period of the month following the approval of the raise. Demotions may be effective immediately. 2. You may be removed from a work assignment by a Unit Management Team action or misconduct proceeding. If you are found guilty of a Class 1, Category A misconduct, as defined in the DC-ADM 801, you will be removed from your work assignment. 3. The Work Supervisor may temporarily suspend you pending unit management team review or misconduct proceedings. F. Illness or Injury 1. If you suffer a job-related injury, as verified by the medical department, you are eligible to continue to be paid at the rate earned on the day prior to the injury. The Work Supervisor must complete an incident report documenting the injury and referencing the medical department’s examination and determination of the injury. You will not be eligible for pay increases or bonuses during this time. The medical pay period shall not exceed 90 calendar days and each case will be reviewed every 30 days to determine if the medical pay should continue. After 90 days, you will be paid the Medical Allowance Compensation Rate. 2. If you are unable to work as a result of self-inflicted injuries or injuries sustained as a result of a provoked assault or your carelessness, you will not be eligible to receive pay. Inmate Handbook Page 69 3. You will not be paid during times of illness or injury unless you get an excuse from work from the medical department. If a work assignment that you are able to perform becomes available, you may be assigned to that position and receive pay appropriate for that assignment. You must follow the advice of the medical staff and take all reasonable steps to improve your health during this time. Failure to do so may result in the stopping of your pay. 4. If you are unable to work for medical or mental health reasons, or you are confined to a Mental Health Unit (MHU), you are eligible for the General Labor Pool Allowance for a maximum of five days per week. If you are admitted to an MHU due to attempted suicide or self-inflicted injuries you will be not eligible for the General Labor Pool Allowance. Following release by the medical or mental health department, and an evaluation by the Corrections Vocational Employment Coordinator, you may return to a previous job assignment. G. General Labor Pool 1. If you do not have a work assignment, including education, through no fault of your own, or if you remain in the assessment unit or diagnostic classification center more than 60 calendar days, you will be placed in the General Labor Pool. While you are in the General Labor Pool, you will be eligible to receive the General Labor Pool Allowance as listed in policy DC-ADM 816, for a maximum of five days a week. You will be eligible to receive the General Labor Pool Allowance for six months, with the possibility of a three month extension granted by the Facility Manager, until you are given a work or school assignment. You must maintain a proper level of personal hygiene, the cleanliness and orderliness of your living area, accept work assignments for the housing unit, accept any employment offered, and participate in recommended programs. 2. If you receive the General Labor Pool Allowance and do not maintain an acceptable level of personal hygiene, cleanliness of your living quarters or other areas assigned to you, or fail to participate in programming, the Unit Manager will make an assessment if you are to continue receiving the General Labor Pool Allowance. This assessment will include an interview with you and an evaluation by the medical and/or mental health department. The Unit Manager will tell you of the outcome of the assessment and instruct you on ways to improve your performance. Inmate Handbook Page 70 3. If, because of a verified medical or Mental Health condition, you cannot maintain an acceptable level of personal hygiene, clean your living quarters, or some other area assigned to you, or participate in programming, you may collect the Medical Allowance. H. Assignment to Restricted Housing Unit (RHU) If you are sent to the RHU you will not be paid unless you are assigned a job in that unit. Exceptions to this may be approved by the PRC as outlined in the DC-ADM 816. Notes