HARRISBURG, PA - County jails with security problems or other serious deficiencies could be ordered to stop accepting inmates with sentences of six months or more under extensive revisions proposed for the state's jail standards.

The Corrections Department has released a proposed 53-page rewrite of the rules that govern county correctional institutions. Numerous new standards were added to some sections, while local officials were given greater decision-making latitude in others.

"It reflects how the profession is supposed to get the job done in 2006," Corrections Department inspection supervisor Tom Schlager, who helped draft the changes, said Monday. "It reflects accountability and it reflects the need to do the job according to what the laws dictate."

The proposal released Saturday is now open for public comment under the state's regulatory review process. The culmination of six years of study, it could dramatically change operations among the state's 68 local lockups.
The state thinks the "declassification" process, which would probably force a poorly performing jail to pay other facilities to house its inmates until the problems are fixed, was made legal by a prior court ruling.

The Corrections Department has not attempted to exercise that authority, and doing so would have a dramatic effect. Many -- if not most -- county jail inmates not awaiting trial have maximum sentences of at least six months.
Franklin County Prison Warden John Wetzel, head of the 110-member Pennsylvania County Prison Wardens Association, said imposing that declassification penalty could trigger a court challenge.

"The areas in which many of us have issues are when the state starts dictating how we do things," Wetzel said.

The state does not provide funding for county jail operations, which local prison boards supervise. Some wardens think the state lacks authority to regulate their institutions.

The department also wants the power to mandate in-depth "vulnerability assessments" -- studies to identify shortcomings that raise safety concerns. The assessments are currently done on a voluntary basis only.

The wardens' association is concerned about the costs of some of the changes, including a requirement that all inmates be evaluated by counselors within 14 days of admission. In small jails with few counselors, that would reduce the amount of time prison counselors could spend with the inmates who need their services the most, Wetzel said.

The proposed rules also would expand financial reporting on the costs of prison phone services and require inmates to be notified about call monitoring policies. Prison telephone services are regularly the subject of criticism by inmates' families.

"When there are guidelines and set procedures, then at least theoretically -- or at least hopefully -- if those aren't followed, the prisoner has a grievance process he or she can go through," said Pennsylvania Prison Society spokeswoman Cathy Wise.

There is new language concerning when prisoners can be strip-searched and a requirement that all employees be trained in cardiopulmonary resuscitation and first aid.

Each jail would have to keep a written policy that outlines which prescription drugs it will provide, as well as its standard for dental care.

Those who want to provide religious guidance have to be screened for qualifications such as clinical-pastoral educational experience or similar credentials.

"Certainly, with religious situations, you want legitimacy there," Schlager said. "It's a sensitive issue."

The state also added new requirements regarding the investigation of sexual assaults to the section that currently is limited to death investigations.
The changes would codify a practice put in place last year under which jails that meet all standards will only be inspected every two years, not annually. The proposed rules could be in effect by year's end, Corrections Department spokeswoman Sue McNaughton said.