37 Pa. Code § 95.246

Current through Register Vol. 54, No. 44, November 2, 2024

Section 95.246 - Investigations; deaths and sexual assaults/allegations

The following are the minimum requirements for investigation of:

(1)Deaths. Written local policy must provide for the procedure to be followed in the event of the death of an inmate, prison employe, volunteer, contractor or visitor. The policy must provide for the following:

(i) Immediate notification of the coroner and the appropriate law enforcement agency by the prison administrator or a designee when an inmate dies within the prison, on prison property or while in the custody of prison staff.

(ii) Immediate notification of the coroner and the appropriate law enforcement agency by the prison administrator or a designee when a prison employe, volunteer, contractor or visitor dies within the prison, on prison property or while in the performance of official duties.

(iii) Identification of the coroner and the law enforcement agency to be notified.

(iv) Identification of the staff person responsible for coordinating investigative efforts with the coroner and the law enforcement agency and completing and submitting a report to the governing county prison authority.

(v) Documentation and reporting of any death to the Department and the United States Department of Justice.

(2)Sexual assaults/allegations. Written local policy must describe the procedure to be followed in the event of an allegation of a sexual assault involving an inmate, prison employe, volunteer, contractor or visitor. The policy must provide for the following:

(i) The prison administrator or a designee shall immediately direct an investigation of all allegations of sexual assault occurring within the prison, on prison property or while an inmate was in the custody of prison staff.

(ii) The designated law enforcement agency shall be notified and an investigation requested when a sexual assault occurs within the prison, on prison property or while in the custody of prison staff.

(iii) Identification of the law enforcement agency to be notified.

(iv) Identification of the staff person responsible for contacting the law enforcement agency, coordinating investigative efforts with that agency and completing and submitting a report to the governing county prison authority.

(v) Documentation and reporting of a sexual assault or allegation of sexual assault to the Department and the United States Department of Justice.

37 Pa. Code § 95.246

The provisions of this §95.246 readopted May 18, 1979, 9 Pa.B. 1619; amended October 10, 2008, effective 10/13/2009, 38 Pa.B. 5627.

The provisions of this §95.246 amended under section 506 of The Administrative Code of 1929 (71 P. S. § 186); and section 3(3) and (4) of the act of December 27, 1965 (P. L. 1237, No. 502) (61 P. S. § 460.3(3) and (4)).