[HISTORY: Adopted by the County Council of
the County of Delaware 10-23-2019 by Ord. No. 2019-2. Amendments noted where
applicable.]
This chapter shall pertain to the Delaware County jail Oversight
Board (the "Board") as established when the County opted into the
provisions of Title 61, Subchapter B, of the Pennsylvania Consolidated
Statutes via Resolution No. 2019-12.
The Board shall consist of the following individuals:
A.
The Delaware County Executive Director;
B.
The President Judge of the Delaware County Court of Common Pleas
or a judge of the Delaware County Court of Common Pleas designated
by the President Judge to serve in his/her place;
C.
A second judge of the Delaware County Court of Common Pleas appointed
by the President Judge;
D.
The Delaware County Sheriff;
E.
The Delaware County Controller;
F.
The Chair of Delaware County Council or his/her designee;
The citizen members shall not be employees of Delaware County
or of the commonwealth. They shall serve for a term of three years
and shall be representative of the broad segments of the County's
population and shall include persons whose background and experience
indicate that they are qualified to act in the interest of the public.
The citizen members shall be appointed by the Delaware County Executive
Director with the consent of Delaware County Council.
A.
General rule. The Board's administrative powers and duties shall
include the operation and maintenance of the George Hill Correctional
Facility (the "jail") and all associated alternative housing facilities,
the oversight of the health and safekeeping of inmates and the confirmation
of the Executive Director's selection of a Warden.
B.
Living conditions. The Board shall ensure that the living conditions
within the jail and alternative housing facilities are healthful and
otherwise adequate.
C.
Unannounced inspections. The Board shall, at least twice each year,
conduct an unannounced inspection of the jail's physical plant.
During such inspections, the Board shall interview a cross section
of inmates, out of the presence of the Warden and his/her agents,
to determine the conditions within the jail and alternative housing
facilities. After each inspection, the Board shall prepare a written
report setting forth its findings and determinations which shall be
available for public inspection.
D.
Operations to be consistent with law. The Board shall ensure that
the jail is being operated in accordance with its regulations and
the laws and regulations of this commonwealth and of the United States.
E.
Investigations. The Board shall investigate allegations of inadequate
conditions and improper practices occurring within the jail and may
make such other investigations or reviews of jail operation and maintenance.
The books, papers and records of the jail, including, but not limited
to, the papers and records of the Warden and those relating to individual
inmates, shall at all times be available for inspection by the Board.
The Board shall, in the manner provided by law, promulgate such
rules, regulations and forms it deems necessary for the proper administration
of the Board and for the operation of the jail and alternative housing
facilities.
A.
Superintendent. The position of Superintendent existing prior to
Delaware County Council opting into Title 61, Subchapter B, shall
henceforth be Warden, and the County job classification plan is hereby
amended accordingly.
B.
Appointment of Warden.
(1)
The Delaware County Executive Director shall appoint the Warden subject
to confirmation by the Board. The Warden shall serve at the pleasure
of the Executive Director, who shall fix an appropriate salary.
(2)
The Warden shall be a resident of the County six months after the
date of appointment and shall remain a resident during his/her tenure.
C.
Staff. Subject to the approval of the Chairman of the Board, the
Warden shall employ deputies, assistants and other personnel required
to adequately operate the jail and alternative housing facilities.
Nothing set forth herein shall preclude the outsourcing of jail operations,
which shall be the sole purview of the Board.
D.
Reporting.
(1)
In addition to any reporting required by law or regulation, the Warden
shall submit an annual written report to the Board which shall contain
information on the population, conditions and practices in the jail
and other matters as specified by the Board. The annual report shall
be available for public inspection.
(2)
The Warden shall report to the Delaware County Executive Director
and to the Board.
The Board shall meet at least once each month and shall keep
regular minutes of its proceedings which shall be open to public inspection.
All contracts and purchases required for the maintenance and
support of the prisoners, repairs and improvements of the jail and
alternative housing facilities and materials and supplies shall be
conducted in accordance with the applicable provisions of the Delaware
County Administrative Code.
All ordinances, resolutions or parts thereof directly inconsistent with any provision of this chapter are hereby repealed to the extent of any such inconsistency only. Section 6-85 of the Delaware County Administrative Code is hereby repealed in its entirety.
