Pennsylvania

State Supreme Court

  • 5 Democrats, 2 Republicans
  • All dems were former prosecutors

Eighth Amendment Cognate

  • Prior caselaw on solitary, not good.
  • PA. CONST. Art. I, § 13 (“Excessive bail shall not be required, nor excessive fines imposed, nor cruel punishments inflicted.”) (no broader than 8A, Commonwealth v. Spells, 417 Pa.Super. 233, 612 A.2d 458, 461 (1992);)

Recent Legislative Efforts ​

  • Pennsylvania HB 497 An act amending Title 61 (Prisons and Parole) of the Pennsylvania Consolidated Statutes, providing for solitary confinement, 2019 Leg., Reg. Sess. (Or. 2019), https://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear =2019&sind=0&body=H&type=B&bn=0497 Status: In Judiciary Committee, February 12, 2019 Summary: Would prohibit the use of solitary for pregnant women, inmates under 21 or older than 70, and LGBTQ individuals. Also would cap solitary at 15 days for all inmates.
  • 42 Pa.C.S.A. § 6602 (no exhaustion requirement or physical injury requirement in the text of the statute, but there is a catchall provision (e)(2) which at least one court has interpreted to include an exhaustion requirement)