Pa. Cons. Stat. » 61 Pa. Cons. Stat. (PRISONS AND PAROLE) / Chapter 59
Pennsylvania Consolidated Statutes

61 Pa. Cons. Stat. § 5901 (2026)

 Physical welfare of inmates.

✓ current as of May 2026
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CHAPTER 59

MISCELLANEOUS PROVISIONS

 

Sec.

5901.  Physical welfare of inmates.

5902.  Contraband prohibited.

5903.  Inmate uniforms.

5904.  Assessment and collection of costs.

5905.  Healthy birth for incarcerated women.

5905.1. Restrictive housing prohibited for pregnant or postpartum incarcerated individuals and detainees.

5906.  Confidentiality of victim information.

5907.  Oleoresin capsicum spray.

5908.  Cavity search and inspection restrictions.

5909.  Training and education requirement.

5910.  Feminine hygiene and incontinence products.

5911.  Postpartum recovery.

 

Enactment.  Chapter 59 was added August 11, 2009, P.L.147, No.33, effective in 60 days, unless otherwise noted.

§ 5901.  Physical welfare of inmates.

(a)  Physical exercise.--

(1)  A chief administrator who may or shall have in charge any inmate, whether the inmate has been tried or not, shall provide the inmate with at least two hours of daily physical exercise in the open, weather permitting, and, upon such days on which the weather is inclement, with two hours of daily physical exercise inside of the correctional institution.

(2)  The physical exercise must be safe and practical, and the judges of several courts are to be the judges thereof.

(3)  Inmates in segregation or disciplinary status shall receive a minimum of at least one hour of daily exercise five days per week.

(b)  Limitation.--The physical exercise required by subsection (a) shall not be taken by an inmate within the confines of his cell or room in which the inmate is confined.

(c)  Applicability.--This section shall not apply to inmates who are confined and not physically able to take the required physical exercise.

Notes of Decisions
Cited in 10 cases (8 in the last 5 years), 2012–2024 · leading case: Buehl v. Beard, 54 A.3d 412 (Pa. Commw. Ct. 2012).
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Buehl v. Beard, 54 A.3d 412 (Pa. Commw. Ct. 2012). · cites it 7× “Background Buehl’s petition for review is founded on Section 5901 of the Prisons and Parole Code (Prisons Code), 61 Pa.C.S. § 5901, 1 which requires the Department to provide *415 Buehl with two hours of daily physical exercise.”
Tindell v. Dep't of Corr., 87 A.3d 1029 (Pa. Commw. Ct. 2014). “7 Compare, 61 Pa.C.S. § 5901 (establishing an inmate’s statutory right to physical exercise).”
Picarella v. Wetzel (M.D. Penn. 2022). · cites it 10× “Factual Background & Procedural History In the third amended complaint, Picarella alleges violations of his rights under the First, Fifth, and Fourteenth Amendments to the United States Constitution, under 61 Pa.C.S. § 5901, and he sets forth state law negligence claims.”
R. Mull v. J.E. Wetzel (Pa. Commw. Ct. 2024). · cites it 6× “) Mull also averred he was denied the right to outdoor exercise under Section 5901 of the Prisons and Parole Code, 61 Pa.C.S. § 5901, and his rights to shower, participate in visits, use the law library, attend religious services, use the phone, and participate in work detail…”
Picarella v. Wetzel (M.D. Penn. 2022). · cites it 6× “Picarella further alleges that defendant DelBalso denied his right to exercise under 61 Pa.C.S. § 5901. (Id. ¶¶ 64- 68, 239). Picarella contends that defendant Ralston was employed as a mailroom inspector at SCI-Mahanoy in April and May of 2020.”
J. Sokorelis v. PA DOC (Pa. Commw. Ct. 2023). · cites it 4× “Sokorelis further requests that this Court grant injunctive relief by ordering Respondents to comply with Section 5901 of the Prisons and Parole Code, 61 Pa.C.S. § 5901. Id. Sokorelis also seeks punitive damages in the amount of $500,000, plus an amount determined by this Court…”
Picarella v. Wetzel (M.D. Penn. 2022). · cites it 4× “He alleges that the policy violates the constitutional rights of inmates, deprives inmates of exercise in violation of 61 Pa.C.S. § 5901, and lacks any legitimate penological objective.”
Z. Spada v. PA DOC, A.G. of PA, in their individual & Off. capacities (Pa. Commw. Ct. 2021). · cites it 2× “4 61 Pa. C.S. §5901(a)(1). Section 5901(a)(1) and(2) states, in relevant part: (a) Physical exercise.”
R.E. Johnson v. T. Ferguson (Pa. Commw. Ct. 2022). · cites it 2× “6 5 61 Pa. C.S. §5901(a)(1). Section 5901(a)(1) and(2) states, in relevant part: (a) Physical exercise.”
Hughston v. Mcgee (E.D. Pa. 2023). “238 (1996); see also 61 Pa. Cons. Stat. Ann. § 5901 (providing that inmates, other than those housed in disciplinary units, receive two hours of daily physical exercise in the open, weather permitting).”
— 61 Pa. Cons. Stat. § 5901(a) — 1 case
J. Sokorelis v. PA DOC (Pa. Commw. Ct. 2023). “Sokorelis further requests that this Court grant injunctive relief by ordering Respondents to comply with Section 5901 of the Prisons and Parole Code, 61 Pa.C.S. § 5901. Id. Sokorelis also seeks punitive damages in the amount of $500,000, plus an amount determined by this Court…”
— 61 Pa. Cons. Stat. § 5901(a)(1) — 4 cases
Z. Spada v. PA DOC, A.G. of PA, in their individual & Off. capacities (Pa. Commw. Ct. 2021). “4 61 Pa. C.S. §5901(a)(1). Section 5901(a)(1) and(2) states, in relevant part: (a) Physical exercise.”
R.E. Johnson v. T. Ferguson (Pa. Commw. Ct. 2022). “6 5 61 Pa. C.S. §5901(a)(1). Section 5901(a)(1) and(2) states, in relevant part: (a) Physical exercise.”
R. Mull v. J.E. Wetzel (Pa. Commw. Ct. 2024). “) Mull also averred he was denied the right to outdoor exercise under Section 5901 of the Prisons and Parole Code, 61 Pa.C.S. § 5901, and his rights to shower, participate in visits, use the law library, attend religious services, use the phone, and participate in work detail…”
J. Sokorelis v. PA DOC (Pa. Commw. Ct. 2023). “Sokorelis further requests that this Court grant injunctive relief by ordering Respondents to comply with Section 5901 of the Prisons and Parole Code, 61 Pa.C.S. § 5901. Id. Sokorelis also seeks punitive damages in the amount of $500,000, plus an amount determined by this Court…”
— 61 Pa. Cons. Stat. § 5901(a)(2) — 2 cases
Buehl v. Beard, 54 A.3d 412 (Pa. Commw. Ct. 2012). “Background Buehl’s petition for review is founded on Section 5901 of the Prisons and Parole Code (Prisons Code), 61 Pa.C.S. § 5901, 1 which requires the Department to provide *415 Buehl with two hours of daily physical exercise.”
R. Mull v. J.E. Wetzel (Pa. Commw. Ct. 2024). “) Mull also averred he was denied the right to outdoor exercise under Section 5901 of the Prisons and Parole Code, 61 Pa.C.S. § 5901, and his rights to shower, participate in visits, use the law library, attend religious services, use the phone, and participate in work detail…”
— 61 Pa. Cons. Stat. § 5901(a)(3) — 1 case
Buehl v. Beard, 54 A.3d 412 (Pa. Commw. Ct. 2012). “Background Buehl’s petition for review is founded on Section 5901 of the Prisons and Parole Code (Prisons Code), 61 Pa.C.S. § 5901, 1 which requires the Department to provide *415 Buehl with two hours of daily physical exercise.”
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