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An ordinance of the County of Allegheny, Commonwealth of Pennsylvania, amending and supplementing the Allegheny County Code of Ordinances, Chapter 205, entitled “Allegheny County Jail,” in order to clarify existing legal standards applying to transporting County Jail residents to off-site for medical treatment.
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Whereas, in 2021, the voters of Allegheny County approved an ordinance via referendum that established standards governing operations at the Allegheny County Jail; and
Whereas, this ordinance, inter alia, established a new §205-30 requiring that “[a] restraint chair, chemical agents or leg shackles may not be used on any person in the custody of the Allegheny County Jail,” within Chapter 205 of the Allegheny County Code of Ordinances; and
Whereas, under current practice, individuals incarcerated at the County Jail are currently transported to medical facilities for off-site medical treatment by County Jail employees (specifically corrections officers), but guarded during stays at such facilities by deputy County Sheriffs; and
Whereas, in testimony offered to Council’s Committee on Public Safety on June 25, 2025, the former Warden of the County Jail indicated that 10-12 corrections officers are used for medical transportation purposes each day, and that the cost for these medical transports in 2025 was approximately $1.12 million as of the hearing date; and
Whereas, in a June 25 statement to the Committee, the President Judge of the Allegheny County Court of Common Pleas (and chair of the Allegheny County Jail Oversight Board) indicated that the Board had formed an Employee Welfare Committee to review working conditions in the County Jail, and that one of the recommendations of this group is for the County Sheriff to take custody of incarcerated individuals throughout their transportation and medical treatment; and
Whereas, both the President Judge and former Warden indicated that this measure would greatly aid in utilizing corrections officers to perform necessary tasks within the County Jail, that it would reduce the need for corrections officers to work overtime to compensate for officers leaving the facility for medial transportation, and in the process would reduce the amount spent on correction officer overtime; and
Whereas, deputy County Sheriffs are specifically trained in law enforcement activities (including the use of force and restraints) in public places, while corrections officers’ training focuses on the detention of incarcerated individuals in non-public places (i.e. the County Jail); and
Whereas, Article I, §4 of the current collective bargaining agreement for deputy County Sheriffs expressly provides that their duties include “[t]ransportation and custody of all inmates of the Allegheny County corrections facilities including adults and juveniles once they have been admitted as an in-patient in any medical facility within Allegheny County;” and
Whereas, it is accordingly the judgment of Council that the current practice of bifurcating transportation of incarcerated individuals to medical treatment facilities (a) is inefficient, (b) is unnecessarily complicated, (c) is disproportionately expensive, (d) is contrary to the recommendations of the Jail Oversight Board, (e) needlessly creates staffing shortfalls that can give rise to safety and other risks within the County Jail, and (f) subjects the public and medical professionals providing treatment to unnecessary risk during the transfer of individuals from the custody of corrections officers to the custody of deputy sheriffs in public locations; and
Whereas, it is further the judgment of Council that the findings of the Jail Oversight Board and the Board’s Employee Welfare Committee, together with the testimony of the President Judge, the Warden, and corrections officers, is extremely persuasive and indicative of a clear path to rendering medical transportation safer while improving working conditions and reducing costs at the County Jail;
The Council of the County of Allegheny hereby enacts as follows:
SECTION 1. Incorporation of the Preamble
The provisions of the preamble to this Ordinance are hereby incorporated in their entirety by reference herein.
SECTION 2. Amendment §205-30 of the Allegheny County Code of Ordinances
The Administrative Code of Allegheny County, Article 205, entitled “Allegheny County Jail,” §205-30, entitled “Solitary confinement prohibited except in emergencies,” is hereby amended as follows:
Chapter 205
Allegheny County Jail
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§ 205-30 Solitary confinement prohibited except in emergencies.
A. Solitary confinement, meaning the confinement of a detainee or inmate in a cell or other living space for more than 20 hours a day, has devastating and lasting psychological consequences on all persons, but especially for vulnerable populations, including youth and persons with diagnosed or undiagnosed cognitive or emotional disabilities.
B. No person being held in the Allegheny County Jail for any reason shall be subjected to solitary confinement except as set forth below.
C. Solitary confinement is never to be used as punishment.
D. If, in accordance with this Article, solitary confinement is permitted, every effort must be made to ensure that every detainee and inmate has the daily opportunity to leave their cell for hygiene and exercise.
E. When solitary confinement is authorized:
a. A person held in solitary confinement may not be denied access to food, water or any other basic necessity.
b. A person held in solitary confinement may not be denied access to appropriate medical care, including emergency medical care.
F. A restraint chair, chemical agents or leg shackles may not be used on any person in the custody of the Allegheny County Jail. Provided, however, that leg shackles may be utilized by deputy County sheriffs both within and outside of the Allegheny County Jail facility during the course of transporting incarcerated persons for off-site medical treatment, as provided for in §205-32.
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SECTION 3. Amendment of the Code
The Allegheny County Code of Ordinances, Chapter 205, entitled “Allegheny County Jail,” is hereby amended and supplemented through the creation of a new §205-32, entitled “Off-site medical treatment,” comprised as follows:
§205-32. Off-site medical treatment
A. The Allegheny County Sheriff shall provide for the transportation of individuals incarcerated at the Allegheny County Jail to and from medical treatment and shall ensure the continued custody of the individual(s) throughout the course of such treatment by deputy County sheriffs, when such treatment is provided outside of the Allegheny County Jail facility.
B. In all situations in which an individual is in the custody of one or more deputy County sheriffs under the terms of Subsection A, during the course of departure from and re-entry into the Allegheny County Jail and throughout the course of the off-site medical treatment provided, leg shackles may be used by such deputy County sheriff(s) unless they interfere with the course of treatment of the incarcerated individual, as prescribed by the medical professionals providing such treatment.
C. Nothing contained within this Section or Chapter shall be deemed, interpreted, or otherwise construed to authorize the use of leg shackles by any Allegheny County Jail personnel, including but not limited to ACJ corrections officers, under any circumstances.
SECTION 4. Effective Date
The provisions of this ordinance shall become effective on January 1, 2027. The Allegheny County Sheriff shall incorporate any funding or staffing requests relating to compliance with the provisions of this ordinance into the 2027 operating budget proposal for the Office of the Sheriff.
SECTION 5. Severability. If any provision of this Ordinance shall be determined to be unlawful, invalid, void or unenforceable, then that provision shall be considered severable from the remaining provisions of this Ordinance which shall be in full force and effect.
SECTION 6. Repealer. Any Resolution or Ordinance or part thereof conflicting with the provisions of this Ordinance is hereby repealed so far as the same affects this Ordinance.