Bill Text: PA HB2734 | 2009-2010 | Regular Session | Introduced

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Bill Title: In general administration, establishing the Pennsylvania Public Alert System.

Spectrum: Slight Partisan Bill (Republican 16-6)

Status: (Introduced - Dead) 2010-09-17 - Referred to VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS [HB2734 Detail]

Download: Pennsylvania-2009-HB2734-Introduced.html

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PRINTER'S NO. 4249
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2734 Session of2010
INTRODUCED BY BARRAR, BELFANTI, BOBACK, CONKLIN, GOODMAN, HELM, KILLION, KORTZ, MILLER, MOUL, READSHAW, REICHLEY, SWANGER, TRUE, VULAKOVICH, BEYER AND BOYLE, SEPTEMBER 17, 2010
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, SEPTEMBER 17, 2010
AN ACT
Amending Title 61 (Prisons and Parole) of the Pennsylvania
Consolidated Statutes, in general administration,
establishing the Pennsylvania Public Alert System.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 61 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 1165. Pennsylvania Public Alert System.
(a) Establishment.--The department and county correctional
facilities shall jointly establish and maintain an automated
notification system, to be known as the Pennsylvania Public
Alert System, to alert members of the public in the event of
escape by a person officially detained or confined in a
correctional institution.
(b) Protocols and procedures.--The department and county
correctional institutions shall jointly establish such protocols
and procedures as are necessary for the effective operation of
the system and shall educate and inform the public regarding its
availability. At a minimum, the system shall have the following
features:
(1) Allow persons within a two-mile radius of a
correctional institution to register for notification,
through the Internet website, electronic mail, text message,
pager or telephone, of an escape.
(2) Allow schools and child-care centers within a ten-
mile radius of a correctional institution to register to
receive notification, through the Internet website,
electronic mail, text message, pager or telephone, of an
escape.
(3) Allow persons outside a two-mile radius of a
correctional institution, to receive notification, through
the Internet website, electronic mail, text message, pager or
telephone, of an escape.
(c) Annual update of registration information.--For
registrants under subsection (b)(1) and (2), the department and
county correctional institutions shall jointly update
registration information on an annual basis.
(d) Duties.--
(1) Notice of an escape shall be provided to members of
the public, schools and child-care centers who have
registered to receive such notifications through the system.
(2) Where the person who escapes is an adult and
officially detained or confined in a State correctional
institution, a community-based correctional facility or
alternative residential facility under the jurisdiction of
the department, the department shall provide immediate
notification of the escape to all system registrants. The
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department shall also provide registrants with notification
of subsequent apprehension of the person who escaped.
(3) Where the person who escaped is an adult and
officially detained or confined in a county correctional
institution, a community-based correctional facility or
alternative residential facility operated by a county or
under contract with a county, the county correctional
institution shall provide immediate notification of the
escape to all system registrants. The county correctional
institution shall also provide registrants with notification
of subsequent apprehension of the person who escaped.
(4) Where the person who escapes is a juvenile and has
been ordered to residential placement, a shelter facility or
a detention center operated by a county or under contract
with a county, the county correctional institution shall
provide immediate notification of the escape to all system
registrants. The county correctional institution shall also
provide registrants with notification of subsequent
apprehension of the person who escaped.
(5) Where the person who escapes is an adult or a
juvenile and is committed to a mental health facility from a
State correctional institution or a county correctional
institution, the department or county correctional
institution which placed the person shall provide immediate
notification of the escape to all system registrants. The
entity responsible for notification shall also provide
registrants with notification of subsequent apprehension of
the person who escaped.
(e) Policies.--
(1) The department and county correctional institution
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shall develop written policies regarding the public
notification procedure. The policies shall:
(i) Identify how the public registers for
notification, the circumstances under which public
notification will take place and who is responsible for
the notification.
(ii) Include procedures for securing updated
information from registrants, annual system checks and
the handling of false alarms.
(2) The system, policies and procedures implemented by
each correctional institution shall be subject to annual
review in conjunction with the annual inspection conducted by
the department.
(f) Definitions.--The following words and phrases when used
in this act shall have the meanings given to them in this
section unless the context clearly indicates otherwise:
"Child-care center." A child day-care center, group and
family day-care home, boarding home for children or other
facility that provides child-care services subject to approval,
licensure, registration or certification by the Department of
Public Welfare or a county social services agency or are
provided pursuant to a contract with the Department of
Corrections or a county social services agency.
"Correctional institution." The term includes a community-
based correctional facility, alternative residential facility,
juvenile detention center or private residential rehabilitative
institution.
"County correctional institution." The term includes a
detention facility operated by a county or jointly by more than
one county or under contract with a county or counties for the
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confinement of individuals for safe custody.
"Escape." The unauthorized absence or departure or
unauthorized removal of a person from official detention or the
failure of a person to return to official detention following
temporary leave granted for a specific purpose or limited
period.
"Juvenile." An individual who is alleged or has been found
to be a "delinquent child" as defined in 42 Pa.C.S. § 6302
(relating to definitions).
"Official detention." Detention in a facility for custody of
persons under charge or conviction of a crime or alleged or
found to be delinquent. The phrase does not include supervision
of probation or parole, or constraint incidental to release on
bail.
"School." A public or private school, intermediate unit or
area vocational-technical school.
"System." The Pennsylvania Public Alert System established
by this section.
Section 2. This act shall take effect in 60 days.
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