Section 95.225. Classification

The following minimum requirements apply to classification:

(1) An inmate classification plan shall be documented in written local policy.

(2) This plan shall establish classification based on the degree of security risk and need for supervision. The classification plan shall specify the following:

(i) How the classification process is accomplished.

(ii) What process of appeals exist.

(iii) The review mechanism utilized.

(iv) Explicit procedures for reclassification.

The provisions of this § 95.225 readopted May 18, 1979, 9 Pa.B. 1619; amended February 18, 2000, effective February 19, 2000, 30 Pa.B. 866. Immediately preceding text appears at serial pages (203080) to (203081).

Notation

Authority

The provisions of this § 95.225 amended under section 506 of The Administrative Code of 1929 (71 P. S. § 186).

Notes of Decisions

Inmate has no liberty interest in remaining in general prison population. Even assuming a protected liberty interest, inmate received constitutionally sufficient process where plaintiff was personally interviewed upon arrival and initial decision was reviewed periodically. Doss v. Rapone, 601 F. Supp. 935 (E.D. Pa. 1985).

Due to the broad discretion given county jail officials, this section does not create a protected Fourteenth Amendment liberty interest. Marshall v. Kozakiewicz, 601 F.Supp. 1549 (W.D. Pa. 1985).

Due to the lack of explicit and mandatory language, the regulations pertaining to county prisons do not create a liberty interest in prisoners incarcerated therein and such prisoners have no right to notice and opportunity to be heard when their administrative status is determined. Tyler v. Rapone, 603 F. Supp. 268 (E.D. Pa. 1985).

Cross References

This section cited in 37 Pa. Code § 95.220b (relating to scope).