Section 3513 - Visitation

61 PA Cons Stat § 3513 (2019) (N/A)
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(a) Time.--An official visitor may enter and visit any correctional institution on any and every day, including Sundays, between the hours of 9 a.m. and 5 p.m. Visits at any other time shall be made only with the special permission of the chief administrator.

(b) Denial of entry.--

(1) If a chief administrator of a State correctional institution is of the opinion that the visit would be dangerous to the discipline or welfare of the correctional institution or the safety of the visitor, the chief administrator may temporarily deny entry to any official visitor if the secretary has previously declared that an emergency situation exists within the correctional institution.

(2) If a temporary exclusion under paragraph (1) exceeds 72 hours, the official visitor may apply to the Commonwealth Court for a ruling upon the secretary to show cause why the official visitor should not be permitted entry into the State correctional institution.

(c) Temporary denial of visitation for county correctional institutions.--

(1) If the chief administrator of a county correctional institution has previously determined that an emergency exists at the county correctional institution, the chief administrator may, with the approval of the president judge of the court of common pleas of the county where the county correctional institution is located, temporarily deny entry to an official visitor.

(2) If a temporary exclusion under paragraph (1) exceeds 72 hours, the official visitor may apply to the Commonwealth Court for a ruling upon the president judge to show cause why the official visitor should not be permitted entry into the county correctional institution.

(d) Interviews.--

(1) An official visitor may interview privately any inmate confined in any correctional institution and for that purpose may enter the cell, room or apartment wherein any inmates are confined.

(2) If the chief administrator at the time of the visit is of the opinion that entry into a cell would be dangerous to the discipline of the correctional institution, then the chief administrator may conduct any inmates with whom the official visitor may desire a private interview into another cell or room as the chief administrator may designate and there permit the private interview between the official visitor and the inmate to take place.

(e) Official visitors and employees not exempt from prosecution.--Official visitors and their employees shall not be exempt from prosecution for any criminal offense, including, but not limited to, a violation of 18 Pa.C.S. §§ 5121 (relating to escape), 5122 (relating to weapons or implements for escape) and 5123 (relating to contraband).

(f) Decree of court.--

(1) If an official visitor violates any provision of this section, any chief administrator of a correctional institution may apply to the appropriate court for a ruling upon the official visitor to show cause why the official visitor should not be deprived of his official visitation status.

(2) Upon proof to the satisfaction of the court, the court shall enter a decree against the official visitor depriving him of all rights, privileges and functions of an official visitor.