POLICY STATEMENT Commonwealth of Pennsylvania • Department of Corrections Policy Subject: Policy Number: Administrative Custody Procedures DC-ADM 802 Date of Issue: Authority: Effective Date: June 1, 2011 Signature on File June 7, 2011 John E. Wetzel I. AUTHORITY The Authority of the Secretary of Corrections to direct the operation of the Department of Corrections is established by Sections 201, 206, 506, and 901-B of the Administrative Code of 1929, 71 P.S. §§61, 66, 186, and 310-1, Act of April 9, 1929, P.L. 177, No. 175, as amended. II. APPLICABILITY This policy is applicable to all facilities operated under the jurisdiction of, or conducting business with the Department of Corrections. III. POLICY It is the policy of the Department to place an inmate in AC status whose presence in general population would constitute a threat to life, property, himself/herself, staff, other inmates, the public, or the secure or orderly running of the facility.1 IV. PROCEDURES All applicable procedures are contained in the procedures manual that accompanies this policy document. 1 4-4249 DC-ADM 802, Administrative Custody Procedures Policy Page 2 V. SUSPENSION DURING AN EMERGENCY In an emergency or extended disruption of normal facility operation, the Secretary/designee may suspend any provision or section of this policy for a specific period. VI. RIGHTS UNDER THIS POLICY This policy does not create rights in any person nor should it be interpreted or applied in such a manner as to abridge the rights of any individual. This policy should be interpreted to have sufficient flexibility to be consistent with law and to permit the accomplishment of the purpose(s) of the policies of the Department of Corrections. VII. RELEASE OF INFORMATION AND DISSEMINATION OF POLICY A. Release of Information 1. Policy This policy document is public information and may be released upon request. 2. Confidential Procedures (if applicable) Confidential procedures for this document, if any, are not public information and may not be released in its entirety or in part, without the approval of the Secretary of Corrections/designee. Confidential procedures may be released to any Department of Corrections employee on an as needed basis. B. Distribution of Policy 1. General Distribution The Department of Corrections’ policy and procedures shall be distributed to the members of the Central Office Executive Staff, all Facility Managers, and Community Corrections Regional Directors on a routine basis. Distribution of confidential procedures to other individuals and/or agencies is subject to the approval of the Secretary of Corrections/designee. 2. Distribution to Staff It is the responsibility of those individuals receiving policies and procedures, as indicated in the “General Distribution” section above, to ensure that each employee expected or required to perform the necessary procedures/duties is issued a copy of the policy and procedures either in hard copy or via email, whichever is most appropriate. DC-ADM 802, Administrative Custody Procedures Policy Page 3 VIII. SUPERSEDED POLICY AND CROSS REFERENCE A. Superseded Policy 1. Department Policy DC-ADM 802, Administrative Custody Procedures, issued May 14, 2008 by former Secretary Jeffrey A. Beard, Ph.D. 2. Facility Policy and Procedures This document supersedes all facility policy and procedures on this subject. B. Cross Reference(s) 1. Administrative Manuals a. DC-ADM 007, Access to Provided Legal Services b. DC-ADM 801, Inmate Discipline c. DC-ADM 803, Inmate Mail and Incoming Publications d. DC-ADM 812, Inmate Visiting Privileges e. DC-ADM 815, Personal Property, Basic/State Issued Items and Commissary/Outside Purchases f. DC-ADM 816, Inmate Compensation g. DC-ADM 818, Automated Inmate Telephone System h. DC-ADM 819, Religious Activities i. 6.5.1, Administration of Security level 5 Housing Unit j. 6.5.8, Capital Case Administration 2. ACA Standards a. Administration of Correctional Agencies: None b. Adult Correctional Institutions: 4-4249, 4-4250, 4-4253, 4-4254, 4-4256, 4-4269, 4- 4270, 4-4273, 4-4281, 4-4404 c. Adult Community Residential Services: None d. Correctional Training Academies: None PROCEDURES MANUAL Commonwealth of Pennsylvania • Department of Corrections Policy Subject: Policy Number: Administrative Custody Procedures DC-ADM 802 Date of Issue: Authority: Effective Date: June 1, 2011 Signature on File June 7, 2011 John E. Wetzel Release of Information: Policy Document: This policy document is public information and may be released upon request. Procedures Manual: The procedures manual for this policy may be released in its entirety or in part, with the prior approval of the Secretary/designee. Unless prior approval of the Secretary/designee has been obtained, this manual or parts thereof may be released to any Department employee on an as needed basis only. DC-ADM 802, Administrative Custody Procedures Manual Table of Contents Section 1 – Placement in Administrative Custody Status A. General .............................................................................................................................. 1-1 B. Restricted Release List Placement ..................................................................................... 1-2 Section 2 – Administrative Hearings A. General .............................................................................................................................. 2-1 B. Waivers .............................................................................................................................. 2-2 C. Appeals .............................................................................................................................. 2-2 D. Periodic Review ................................................................................................................. 2-3 Section 3 – AC Housing Status A. General .............................................................................................................................. 3-1 B. Program Considerations ..................................................................................................... 3-3 Section 4 – Release from Administrative Custody Status A. General .............................................................................................................................. 4-1 B. Restricted Release List ...................................................................................................... 4-2 DC-ADM 802, Administrative Custody Procedures Manual Section 1 – Placement in Administrative Custody Status Section 1 – Placement in Administrative Custody Status A. General 1. A general population inmate may be assigned Administrative Custody (AC) status and placed in a Security Level (SL) 5 Housing Unit, including a Psychiatric Observation Cell, by order of the Shift Commander and/or by order of a psychiatrist or a Certified Registered Nurse Practitioner – Psychiatric Services (PCRNP) for the following reason(s):1 a. the inmate is in danger by/from some person(s) in the facility and cannot be protected by alternate measures;2 b. placement in general population would endanger the inmate’s safety or welfare when it is not possible to protect him/her by other means;3 c. the inmate is a danger to himself/herself or others;4 d. the inmate is suspected of being or is the instigator of a disturbance; e. the inmate would pose an escape risk in a less secure status; f. the inmate has been charged with, or is 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. the inmate has requested and been granted self-confinement; h. the inmate is being held temporarily for another authority and is not classified for the general population of the holding facility; however, a Parole Violator (PV) and temporary transfers from another facility are eligible for release to general population; i. the inmate has a detainer for a pending capital case, for which the prosecution is seeking the death penalty; j. no records and/or essential information are available to determine the inmate’s custody level or housing needs; and/or k. the inmate has completed a Discipline Custody (DC) sanction but one or more of the above reasons exist, (or the facility has an operational need (e.g., appropriate bed space) to temporarily assign the inmate to AC status). 1 4-4404 2 4-4281 3 4-4281 4 4-4250, 4-4281 1-1 Issued: 10/1/2012 Effective: 10/9/2012 DC-ADM 802, Administrative Custody Procedures Manual Section 1 – Placement in Administrative Custody Status 2. The following factors shall be considered by the Program Review Committee (PRC) when reviewing an inmate for AC status placement as self-confinement: a. verifiable and documented justification exists for placement; b. the inmate is an obvious target for other inmates, consistent with the definition of Protective Custody; and c. staff have made every effort (documented) to keep the inmate safely housed in general population. 3. An inmate who has completed a DC sanction that was imposed in accordance with Department policy DC-ADM 801, “Inmate Discipline” may be placed in AC status by order of the PRC for any of the reasons identified in Subsection A.2. above; however, a hearing shall be held as described in Section 2 of this manual. 4. Whenever practical, written notice of the reasons for AC placement is given to the inmate prior to placement, but in all cases within 24 hours after placement. The written notice shall be prepared on the DC-141, Part I, Misconduct Report by indicating “Other.”5 5. If the inmate has a mental illness, the PRC should explore the feasibility of placing him/her into a Secure Special Needs Unit (SSNU) or a Special Needs Unit (SNU) as an alternative, as long as the inmate’s safety is not jeopardized. If the inmate’s safety cannot be reasonably assured in any status other than AC, then appropriate mental health services must be provided while the inmate remains in AC status. 6. When an inmate is placed in AC status the Facility Manager/designee shall review the placement within 72 hours.6 B. Restricted Release List Placement 1. The Facility Manager/designee may request that an inmate be placed on the Restricted Release List (RRL) when he/she poses a threat to the secure operation of the facility and where a transfer to another facility or jurisdiction would not alleviate the security concern. The Secretary/designee must approve placing the inmate in this status. 2. Criteria for placing an inmate on the RRL include, but are not limited to, the following: a. assaultive history against staff; b. assaultive history against inmate(s); c. sexual assault history; 5 4-4404 6 4-4250 1-2 Issued: 10/1/2012 Effective: 10/9/2012 DC-ADM 802, Administrative Custody Procedures Manual Section 1 – Placement in Administrative Custody Status d. escape history, or serious escape attempt; e. threat to the orderly operation of a facility (i.e., attempting to organize inmates, demonstrated involvement in a Security Threat Group (STG) that poses a risk to the security of the facility, etc.); f. Special Management Unit (SMU) graduate who remains a threat; and/or g. SMU failure. 3. The Facility Manager/designee will provide written rationale supporting the request that an inmate be placed on the RRL, to the Regional Deputy Secretary via the Restricted Release List Placement/Annual RRL Review/Removal Request Form (Attachment 1- A). The form shall be initiated by the Unit Manager and forwarded to the CCPM, DSCS, DSFM, Facility Manager, the Regional Deputy Secretary, and the Executive Deputy Secretary indicating approval/disapproval to place an inmate on the Restricted Release List. 4. The Executive Deputy Secretary will review the recommendation; indicate his/her approval or disapproval, and forward the Restricted Release List Placement/Annual RRL Review/Removal Request Form to the Secretary/designee for review. The Secretary/designee will make the final determination regarding the inmate’s placement on the RRL. 5. The completed Restricted Release List Placement/Annual RRL Review/Removal Request Form will be forwarded to the Office of Population Management (OPM). a. If the request is approved, the OPM will update the RRL on DOCNet and make a notation in the Unit Management System, under the “Security Concerns” section. The reason the inmate was assigned to the RRL will be included. b. If the request is disapproved, the OPM will file the request. 6. If placement on RRL is approved and an H Code has not been assigned, the counselor will initiate the DC-46, Vote Sheet for this purpose, in accordance with Department policy 11.2.1, “Reception and Classification,” Section 3 – Pennsylvania Additive Classification Tool (PACT). 7. Release of an inmate on the RRL shall be in accordance with Section 4 of this manual. 1-3 Issued: 10/1/2012 Effective: 10/9/2012 DC-ADM 802, Administrative Custody Procedures Manual Section 2 – Administrative Hearings Section 2 – Administrative Hearings A. General An Administrative Hearing shall be conducted as follows: 1. The hearing shall be conducted by the Program Review Committee (PRC). 2. The reason(s) for the inmate’s Administrative Custody (AC) confinement must be explained to the inmate. 3. When the inmate is in AC status as pre-hearing confinement on a misconduct charge, an Administrative Hearing will not be held, provided a hearing on the misconduct charge is held within seven workdays, excluding weekends and State holidays, and the misconduct charge is disposed of at that hearing. An inmate request for a continuance of the disciplinary hearing is an automatic waiver of the hearing on the reason(s) for pre-hearing confinement. In all other cases, except as noted in Subsection A.4. below. The hearing shall be scheduled within seven workdays, excluding weekends and State holidays, after AC placement. 4. Confinement in AC status for investigative purposes shall not exceed 15-calendar days. The Facility Manager/designee may approve one 15-calendar day continuation of confinement, if the investigation has not been completed. The reason for the continuation shall be documented and a copy provided to the inmate. Following the 30-calendar day period, if the inmate remains in AC status, he/she must be charged with a misconduct and a hearing held within seven workdays, excluding weekends and State holidays. If the investigation indicates that a security concern, as outlined in Section 1 of this manual exists, but the evidence is not sufficient for a misconduct; the inmate may be scheduled for a hearing to determine if further AC placement is necessary, upon expiration of the 30-calendar days. 5. The rationale for the AC placement shall be read and explained to the inmate. 6. The inmate shall be permitted to respond to the rationale for AC placement. The inmate may tell his/her version orally or submit it in writing. A PRC member shall write a summary of any relevant oral statement by the inmate. 7. The PRC’s decision shall be based on some evidence as to whether there is a valid security reason to confine the inmate in AC as defined in Section 1 of this manual. The evidence may include the counselor’s reports, Psychiatric/Psychological information, staff recommendations, and/or investigative reports. 8. A written summary of the hearing shall be prepared on the DC-141, Part 3. It shall include the reason(s) relied upon by the PRC to reach its decision. A copy of the written summary shall be given to the inmate. The inmate may submit a concise summary of the hearing, which shall be made a permanent part of the file. 2-1 Issued: 10/1/2012 Effective: 10/9/2012 DC-ADM 802, Administrative Custody Procedures Manual Section 2 – Administrative Hearings 9. If, in the opinion of the PRC, the inmate is physically or mentally unable to attend or participate, the hearing shall be postponed until the inmate is able to attend and participate. The decision to postpone a hearing shall be documented on the DC-141, Part 3 and shall be made close to the time the hearing would have been held. There is no appeal from the decision to postpone the hearing. If the inmate is able to attend and refuses, the hearing will be held in absentia. If the inmate becomes disruptive in the hearing or refuses to follow instructions, he/she shall be removed and the hearing conducted without the inmate being present. B. Waivers 1. An inmate may voluntarily waive the hearing at any time prior to the hearing’s completion. The inmate may also waive the written notice requirements as well as any time limitations relating to the hearing or the service of notice. 2. All waivers shall be in writing and shall be signed and dated by the inmate. 3. When an inmate requests self-confinement in AC status, such request shall be deemed a waiver of all procedures described in this directive except periodic PRC review. Only written notice of the reason for the AC placement is necessary. 4. An inmate’s refusal to attend a hearing shall be deemed a waiver of the proceeding. The refusal shall be documented on the DC-141, Part 3. The inmate may not appeal the results of a hearing he/she refused to attend. C. Appeals 1. An inmate may appeal the decision of the PRC concerning his/her initial confinement in AC to the Facility Manager/designee within two days of the completion of the hearing. The appeal must be in writing. The decision of the Facility Manager/designee will be forwarded to the inmate within 10 days of the receipt of the appeal. 2. An inmate may appeal the initial decision of the Facility Manager/designee to continue him/her in AC confinement to the Office of the Chief Hearing Examiner. The inmate may appeal the decision of the Facility manager/designee within seven calendar days of the receipt of the Facility Manager’s/designee’s decision. The appeal must be addressed as follows: The Chief Hearing Examiner’s Office Office of Chief Counsel 1920 Technology Parkway Mechanicsburg, PA 17050 3. The Office of the Chief Hearing Examiner will review the record of the hearing and all other relevant documents and rule on the appeal within two workdays after its receipt. 2-2 Issued: 10/1/2012 Effective: 10/9/2012