Section 95.243. Treatment services

The following are the minimum requirements applicable to treatment services:

(1) Written local policy must:

(i) Designate that the delivery of treatment services shall be supervised by a treatment professional who is employed by the prison, someone under contract with the prison or who serves as a volunteer.

(ii) Identify treatment services.

(iii) Designate who is responsible to provide each treatment service.

(iv) Identify the number of hours provided per week for each treatment service and the total number of hours provided per week for all treatment services.

(2) Written local policy must require treatment services to include the following:

(i) Education.

(ii) Social services.

(iii) Alcohol and other drugs.

(iv) Counseling services.

(3) Written local policy must require treatment services to be provided by a treatment professional or a person certified, licensed or trained to provide that programming who is employed by the prison, under contract with the prison or who serves as a volunteer, or by any combination thereof.

(4) Written local policy must specify that inmates admitted to the prison receive a treatment intake screening, performed and recorded by a person with treatment training. This screening must include the determination of current mental and emotional stability, medical status, immediate personal/family issues, the identification of legal representation, and the obtaining of the name of a relative or other person for notification in the event of an emergency. A record of the screening shall be kept as part of the permanent prison document.

(5) Written local policy must require that an inmate determined upon admission to be in need of immediate treatment services be assessed by a treatment professional within 7 days.

(6) Written local policy must require that a treatment needs assessment be conducted by a treatment professional within 90 days following admission. This assessment must identify individual treatment needs and, within available prison and community resources, provide for access to supportive and rehabilitative services. The assessment shall be recorded as part of the inmate’s file. Follow-up available treatment services shall begin within 45 days of the treatment needs assessment.

(7) Written local policy must identify the procedures for evaluating whether an inmate is mentally ill and proceedings under the Mental Health Procedures Act (50 P. S. § § 7101—7503) should be initiated.

(8) Written local policy must provide that inmates shall have the option to refuse treatment services except when subject to an involuntary commitment under the Mental Health Procedures Act or unless otherwise directed by court order.

(9) Written local policy must specify that there is no discrimination regarding treatment services access based on an inmate’s race, religion, national origin, gender, or disability. If both genders are housed in the prison, all available services and programs shall be comparable.

The provisions of this § 95.243 readopted May 18, 1979, 9 Pa.B. 1619; amended October 10, 2008, effective October 13, 2009, 38 Pa.B. 5627. Immediately preceding text appears at serial pages (263851) to (263852) and (336811).

Notation

Authority

The provisions of this § 95.243 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)).

Notes of Decisions

Treatment Services

Where the estate of a pretrial detainee who committed suicide while he was detained brought a civil rights action against jail officials for failure to provide treatment services required by Pennsylvania law claiming failure ‘‘constituted deliberate indifference’’ the Court held such claim was precluded due to the difference of medical opinion concerning the detainee’s suicidal intent. Herman v. Clearfield County, 836 F. Supp. 1178 (1993); affirmed 30 F. Supp. 1486 (3d. Cir. (Pa.) 1994).

Cross References

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