§ 5909. Training and education requirement.

608 words·~3 min read·/pa/title-61/chapter-59/5909

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(a)Correctional institution staff training.-- The department, in consultation with the Department of Human Services and the Department of Health, shall develop and provide correctional institutions with a training program for staff who have contact with a pregnant, laboring or postpartum incarcerated individual or detainee. The training program shall be related to the physical and mental health of the pregnant or postpartum incarcerated individual or detainee and unborn child, including:

(1)The general care of a pregnant individual.

(2)The impact of restraints on a pregnant individual and unborn child.

(3)The impact of being placed in restrictive housing on a pregnant individual.

(4)The impact of invasive searches on a pregnant individual.

(5)Any other pertinent information the department finds appropriate or necessary.

(b)Correctional institution staff training exceptions.-- If the correctional institution or county correctional institution prohibits the placement of pregnant individuals as a matter of policy, that institution may submit a written exemption reporting that there is no risk of staff interacting with pregnant individuals housed in the institution. The exemption under this subsection shall apply only to the correctional institution, not the individual staff of the institution. All correctional institution staff that come in contact with pregnant incarcerated individuals shall complete the training under this section. If correctional institution staff work at more than one institution, the staff must receive the required training at the nonexempt institution.

(c)Education programming for pregnant incarcerated individuals.-- The department, in consultation with the Department of Human Services and the Department of Health, shall develop and provide correctional institutions and county correctional institutions with educational programming for pregnant or postpartum incarcerated individuals or detainees. The educational programming shall be related to:

(1)Medical screenings related to female reproductive and overall health, including preventive screenings.

(2)Prenatal care.

(3)Pregnancy-specific hygiene.

(4)The impact of alcohol and drugs on the unborn child.

(5)General health of the child.

(6)Any other pertinent information the department finds appropriate or necessary.

(d)Trauma-informed care.--

(1)The chief administrator shall, as the chief administrator deems necessary, ensure that the correctional institution provides to incarcerated individuals and detainees quality trauma-informed care.

(2)Trauma-informed care for an individual shall begin immediately upon the individual's intake and assessment at a correctional institution.

(3)Beginning after December 31, 2025, correctional staff shall receive professional training, approved by the department, in consultation with the Department of Human Services, relating to trauma-informed care, which shall include the following:

(i)Training to identify individuals with trauma.

(ii)Training on how and when to refer individuals to the proper health care professionals, including preventive health care and mental health care.

(iii)Training on how to interact with and empower incarcerated individuals who have experienced trauma.

(e)Definitions.-- As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Postpartum." The eight-week period, or longer as determined by the health care professional responsible for the health and safety of the incarcerated individual or detainee, following childbirth.

"Trauma-informed care." An organizational structure and treatment framework that involves recognizing, understanding and responding to the effects of trauma.

61c5909v

(Dec. 14, 2023, P.L.396, No.47, eff. 180 days; Oct. 29, 2024, P.L.1037, No.114, eff. imd.)

2024 Amendment. Act 114 amended subsecs.

(a)intro. par. and (5),

(c)intro. par. and

(6)and (d)(3) intro. par. Section 8 of Act 114 provided that, with the exception of the amendment or addition of 61 Pa.C.S. § 1731(a)(2.1) and (b), Act 114 shall apply retroactively to June 11, 2024.

2023 Amendment. Act 47 added section 5909.

61c5910s