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Suggested Language Of A Bill To Make Imprisonment More Effective

Section One, Finding:

The General Assembly finds that, along with punishment and deterrence, an essential goal of the imprisonment of offenders is to return persons to society who are likely to conform to the laws, contribute to the social good, participate in meaningful political and cultural activities and enjoy the benefits of an orderly community. In furtherance of these findings, it is enacted as follows:

Section Two, Prisoner Misconduct:

A. Recognizing that an orderly and well regulated prison environment predicates toward well regulated and orderly conduct on the part of persons who are paroled and/or released from prison, prisoners shall obey the laws and the regulations adopted by the Department of Corrections in accordance with the laws.

B. The regulations which govern the operations of the Commonwealth's prisons and the conduct of the prisoners confined therein shall be specific and definite.

(1.) All conduct which is not specifically forbidden shall be allowed.

(2.) What is not allowed shall be fully, plainly and specifically defined to the prisoners and staff in the language understandable to the individual.

(3.) Regulations shall be standard and published. Each prisoner shall be personally served with a written copy of any and all regulations which he/she is required to obey.

(4.) The precise punishment and/or range of punishments applicable to each violation of the regulations shall be specifically published in the regulation.

(5.) Allegations of a violation of any regulation may be made only by a member of the prison staff or a law enforcement officer having personal knowledge of the alleged infraction.

(6.) Those accused shall be personally served with written notice of the allegation of violation(s) of the regulations made against him/her and he/she shall not be required to answer for any charge which has not been explicitly alleged in the written notice.

(7.) Alleged violation of the criminal law may be referred to established criminal justice authorities for prosecution.

(8.) Alleged violations of criminal law or of prison regulations may be heard and decided by an unbiased examiner who is independent of prison officials and the prison staff.

(9.) A prisoner accused of a violation of the regulations shall have the right to be heard within five (5) days, to obtain reasonable assistance from a fellow prisoner who is willing to assist, reasonable right to call germane witnesses in his defense, reasonable right to be heard in his/her own defense, and a right of appeal if he is aggrieved by the finding of the examiner.

(10.) No prisoner shall be adjudged guilty of an offense because of his/her silence and no prisoner shall be required to speak or give evidence against himself/herself.

(11.) Guilt shall be found by not less than a reasonable preponderance of the evidence in which the examiner is the sole finder of the credibility of the evidence and witnesses except members of the staff shall have no superior presumption of credibility over a prisoner.

(12.) Where the examiner finds the accused not guilty of the charged offense, all record of the charge shall be expunged and no part of the proceeding shall be used against the accused in any way.

(13.) Where the accused is found guilty, the examiner may impose no more than the sanctions specifically provided for in the regulation which may never include corporal or life threatening treatment, but which may include any of the following: warning, reprimand, loss of one or more privileges suitable to the offense, confinement for a specific period not to exceed three (3) months in a punishment facility, a fine not to exceed $50 or the actual value of the damages or loss caused by the conduct which violated the regulations, confiscation of contraband, confiscation of Earned Time Credit not to exceed 120 days per conviction, confiscation of Parole Trust Funds not to exceed $50.

C. The Pennsylvania Board of Probation and Parole may consider convictions for violation of prison regulations only where the conviction bears upon public safety.

Section Three, Prisoner Grievance:

A. As a constructive example to prisoners of a civil and orderly way for resolving disputes and as a means of better managing the operation of the prisons, prisoners shall, at all time have available an effective system for the unbiased arbitration and resolution of their grievances against fellow prisoners, employees and members of the staff, and against policies, practices and/or conditions of the prison.

B. Prisoners shall have the right to make informal and/or formal grievances against any person or prison policy, practice or condition. Each such grievance shall be resolved according to regulations published by the Department of Corrections.

C. Panels of prisoners authorized and organized by prison officials may be entrusted to resolve appropriate minor disputes between prisoners.

D. Serious grievances and/or disputes, including those involving members of the staff, shall be arbitrated and resolved by one or more examiners who are independent of the prison administration and who shall apply precedents and follow established techniques and norms of professional arbitration.

E. The examiner shall have the authority to recommend to the Secretary of Corrections and/or his/her subordinates and/or to the superintendent of the specific facility any appropriate and lawful action(s) to resolve any grievance including payment of damages not to exceed $100 or the actual amount in dispute.

F. Any person aggrieved by the resolution of a grievance shall have a right of appeal as shall be prescribed by regulation.

G. There is hereby created within the Office of the Inspector General of Pennsylvania, the position of Prisoner Ombudsman whose duties shall be to receive grievance complaints from prisoners and their families and to provide the legislature and its committees with information about prison conditions and the treatment of prisoners and their families.

Section Four, Prisoner Voting:

A. Each person who is confined or imprisoned in any institution operated for the benefit of the Commonwealth of Pennsylvania or any of its political subdivisions, and who is otherwise qualified by citizenship, age and residency, shall have the right to register to vote by mail in the district from which he/she was sentenced or in any district which he/she cites as his/her home district and to obtain absentee ballots permitting him/her to vote by mail in any and all elections in which other citizens of his/her home district would be entitled to vote.

B. In order to encourage responsible political participation by prisoners and a knowledgeable use of the political and electoral process, each prison shall make available voluntary programs in civics, government and on the mechanics of the electrical process. Each prisoner shall be encouraged to obtain information to make him/her a responsible and knowledgeable voter and participant in the political system.

C. It shall be a criminal offense equivalent to a first degree misdemeanor for any person to intimidate or coerce any prisoner to vote in any specific way.

Section Five, Prisoner Incentives:

A. Each prison shall be operated and managed in such a way as to set the example of fairness, lawfulness and civilized conduct to the prisoners within it and the public which it serves.

B. Programs, education and training shall be made available to all prisoners in order that each may better prepare for success on parole, meaningful employment, social adjustment and respect for the law. Prisons shall conduct meaningful programs in each of these areas and in such other areas as may further the aims of this act.

C. Realizing that incentives are a much more effective tool to manage and redirect prisoners than punishment, each prison shall operate systems of progress incentives.

(1.) Each prisoner shall be encouraged to participate in useful employment which benefits the individual and the prison community. Such employment shall pay the prisoner an income which he/she may use to support his/her needs and to encourage his/her self-reliance.

(2.) For each ten (10) days that a prisoner spends on good behavior, he/she shall be awarded one (1) day of Earned Time Credit which accrued time shall be credited against the prisoner's minimum sentence.

(3.) Each month each prisoner shall be evaluated by the staff having personal knowledge of his/her conduct and behavior. Based upon that evaluation, the Superintendent of each prison may, at his discretion award the prisoner up to five (5) days Earned Time Credit.

(4.) Prisoners who are employed or attending school, shall be evaluated each month by the staff under whose direction they are employed or being educated. Based upon that evaluation, the superintendent of each prison may, at his/her discretion, award up to five (5) days Earned Time Credit.

(5.) Prisoners who are in prison at the time that this act takes effect shall be awarded six (6) days Earned Time Credit for each month that the individual has been imprisoned on his/her present sentence, not to exceed the period necessary to complete his/her sentence.

(6.) Each week that a prisoner continues in good behavior, $1 shall be credited by the prison to the prisoner's Parole Trust Fund. Such money shall be invested in the prisoners behalf and awarded to him/her upon his/her parole or release from prison in order that he/she may have a small sum in order to start life in the community without being a burden on the society, his/her family, or having to revert to crime.

(7.) Prisoners who are in prison at the time that this act takes effect shall be awarded $4 per month for each month that the individual has been imprisoned on his/her current sentence.

(8.) Prisoners of suitable age, experience and background shall be eligible to obtain scholarships, loans/credits from the state universities and/or schools to obtain education which will predicate toward successful adjustment upon parole or release from prison.

Section Six, Elderly and Disabled Prisoners:

A. As used in this section, an eligible prisoner is any prisoner who is 65 years of age or older or who is certified by the prison staff as physically, mentally, psychologically or emotionally disabled.

B. An eligible prisoners shall receive a monthly stipend from the prison in the place of earned prison wages in an amount of at least $20 which the prison may use to support the his/her personal needs.

C. An eligible prisoner shall not be charged for any medical examinations, treatment or medications.

D. An eligible prisoner shall not be required to perform work.

E. An eligible prisoner shall receive Earned Time Credit and Parole Trust Funds as if he/she were working satisfactorily.

F. An eligible prisoner shall be housed in single occupancy housing and/or in the most advantageous housing available to him/her.

Section Seven, Parole:

A. Persons shall be paroled at the expiration of their minimum term of imprisonment unless the Pennsylvania Board of Probation and Parole, by majority vote, finds that facts or circumstances, unknown by the sentencing court(s) at the time the applicant was sentenced, necessitate continued imprisonment to assure the public safety.

B. Persons shall have a right to due process of law and equal protection of the laws in consideration by the Pennsylvania Board of Probation and Parole for parole.

C. Any person who is denied parole shall have the right to appeal the denial in writing to the full Board. If refused parole by the full Board, the applicant shall have the right to appeal according to law to the Commonwealth Court.

D. Persons sentenced to life imprisonment are and shall be eligible for parole upon completion of 20 years of the sentence as reduced by Earned time Credit, if any.

E. All prisoners, without regard to the term of their sentences are and shall be eligible for parole upon attaining seventy years of age. Said prisoners shall be paroled unless the prison, or his/her guardian if he/she is incompetent to decide for himself/herself, shall certify that he/she is not likely to be able to survive on parole, or unless the Pennsylvania Board of Probation and Parole, by majority vote, finds that facts or circumstances, unknown by the sentencing court(s) at the time the individual was sentenced, necessitates continued imprisonment to assure safety of the individual or the public.

F. The Pennsylvania Board of Probation and Parole shall employ an adequate number of properly trained agents to reasonably assure public safety by assisting each individual parolee to succeed, adjust, cope and survive on parole in a lawful way. The said agents' duties shall be to assure, as much as possible, that each individual parolee is monitored, mentored and given practical guidance and assistance to be able to live successfully in society without committing crime.

G. The Pennsylvania Board of probation and parole may at its discretion, contract with one or more private firms, organizations and/or individuals to provide the services necessary to carry out the aims of this act.

Section Eight, Staff Regulations:

A. The Department of Corrections shall formulate, publish and promulgate regulations, a code of conduct and a code of professional responsibility to govern all members of the prison staff and all those persons employed within a prison.

B. The said individuals shall be required to adhere to the said published regulations on pain of appropriate censure or punishment.

C. The published regulations shall be available to prisoners who may use them as the basis of grievance against the staff and/or report to the Prisoner Ombudsman.

Section Nine, Staff Retaliation:

A. As used in this section, retaliation means any action or omission taken by any member of the prison staff intended to harm or disadvantage any prisoner where the action is taken in reprisal for, or reaction to, lawful action(s) or omission(s) by the prisoner and/or his/her family, or because of biases or prejudices against the prisoner and/or his/her family based on the individual's race, gender, religion, age, criminal offense, criminal history, sexual orientation, political position(s), or physical appearance.

B. Retaliation by a member of a prison staff against any prisoner under his/her control or against any member of the family of a prisoner under his/her control shall be a summary offense which, upon conviction, shall be punishable by a fine not to exceed $1000 and/or imprisonment not to exceed ten (10) days, except, if the retaliation is for any racial, religious or political motivation, or in response to the exercise of any right secured by the First Amendment to the United States Constitution, the punishments may be doubled. Upon a second or subjective subsequent conviction, the employee may be subject to discharge from employment from the Department of Corrections.

C. Executives of the Department of Corrections and of each prison shall conduct training and education of the staff to assure that no member of the staff engages in retaliation and superior officers shall assure that their subordinates behave lawfully.

Section Ten, Services to Prisoners' Families:

A. The Department of Corrections shall initiate policies and practices designed to ease the burden upon the families and loved ones of the prisoners in the system.

B. It shall be the goal of the Department of Corrections to facilitate visiting between prisoners and their families and loved ones. Such visiting shall be as frequent, comfortable and close to the prisoner's home as practical. Deference shall be extended to elderly and infirmed families and loved ones. Provisions shall be made to facilitate visitation between prisoners and their minor children.

C. The Department of Corrections along with the Department of General Services shall provide for telephone services between prisoners and their families and loved ones at the lowest available cost.

D. No part of the fees charged for any service utilized by and paid for by the families and/or loved ones of prisoners, beyond actual costs to the Commonwealth, shall accrue to the Commonwealth or any of its agencies.