SB 788 — An Act amending Title 61 (Prisons and Parole) of the Pennsylvania Consolidated Statutes, providing for solitary confinement.

PRINTER'S NO.   840

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 788
                                                Session of
                                                  2025

     INTRODUCED BY MUTH, KANE, KEARNEY, HAYWOOD, SAVAL AND
        CAPPELLETTI, MAY 27, 2025

     REFERRED TO JUDICIARY, MAY 27, 2025


                                     AN ACT
 1   Amending Title 61 (Prisons and Parole) of the Pennsylvania
 2      Consolidated Statutes, providing for solitary confinement.
 3      The General Assembly of the Commonwealth of Pennsylvania
 4   hereby enacts as follows:
 5      Section 1.    Title 61 of the Pennsylvania Consolidated
 6   Statutes is amended by adding a chapter to read:
 7                                 CHAPTER 51
 8                            SOLITARY CONFINEMENT
 9   Sec.
10   5101.   Definitions.
11   5102.   Solitary confinement prohibited.
12   5103.   Alternative disciplinary measures to solitary
13               confinement.
14   § 5101.   Definitions.
15      The following words and phrases when used in this chapter
16   shall have the meanings given to them in this section unless the
17   context clearly indicates otherwise:
18      "Correctional institution or facility."      Any of the
 1   following:
 2             (1)   A State correctional institution.
 3             (2)   A county correctional institution.
 4             (3)   A facility that confines a juvenile under 42 Pa.C.S.
 5      Ch. 63 (relating to juvenile matters).
 6             (4)   An institution that detains inmates in accordance
 7      with Chapter 71 (relating to interstate compacts) or an
 8      intergovernmental service agreement or other contract with a
 9      Federal, State or county agency, including United States
10      Immigration and Customs Enforcement.
11      "Solitary confinement."     The confinement of an inmate in a
12   correctional institution or facility due to disciplinary,
13   administrative, protective, investigative, medical or other
14   classification, in a cell or similarly confined holding or
15   living space, alone or with other inmates for approximately 20
16   hours or more per day, with severely restricted activity,
17   movement and social interaction.
18   § 5102.    Solitary confinement prohibited.
19      An inmate may not be placed in solitary confinement.
20   § 5103.    Alternative disciplinary measures to solitary
21                   confinement.
22      A correctional institution or facility shall implement
23   alternative disciplinary measures to solitary confinement, which
24   measures may include the following:
25             (1)   Limiting contact visits.
26             (2)   Restricting visitors to only the inmate's immediate
27      family.
28             (3)   The loss of work opportunities.
29             (4)   Assigning additional unpaid work duties for no more
30      than 14 days.

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1         (5)   No more than 14 days of the loss of telephone,
2     entertainment or yard time privileges.
3         (6)   No more than 14 days of the loss of commissary
4     privileges.
5         (7)   Confining an inmate to the inmate's own cell in the
6     general population area.
7         (8)   A reprimand or warning.
8     Section 2.    This act shall take effect in 60 days.




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