Bill Text: PA SB100 | 2011-2012 | Regular Session | Amended


Bill Title: In burglary and other criminal intrusion, further providing for the offense of burglary; in other offenses, further providing for drug trafficking sentencing and penalties; in Pennsylvania Commission on Sentencing, further providing for powers and duties and for publication of guidelines; in sentencing, further providing for sentences for second and subsequent offenses; in sentencing, providing for sentencing for certain paroled offenders; in sentencing, further providing for sentencing generally, for disposition under guilty but mentally ill, for partial confinement, for total confinement and for proceedings and location; in sentencing, providing for court-imposed sanctions for offenders violating probation; in county intermediate punishment, further providing for definitions and for programs; in correctional institutions administration, further providing for drug distribution definitions; in inmate confinement visitation, further providing for Gubernatorial visitors, for official visitors and for rights of official visitors; in inmate confinement prerelease plans, further providing for establishment of prerelease centers, for prerelease plan for inmates, for regulations and for compensation of inmates; in inmate confinement motivational boot camps, further providing for definitions and for selection of inmate participants; in inmate confinement State intermediate punishment, further providing for definitions and for referral to State intermediate punishment program; in inmate confinement recidivism risk reduction incentive, further providing for definitions; in inmate confinement community corrections facilities, further providing for definitions; in inmate confinement, providing for safe community reentry and for community corrections centers and community corrections facilities; in probation and parole administration, further providing for certain offenders residing in group-based homes, for administrative powers over parolees, for general court criteria for parole, for parole power, for parole violation and for parole procedure; in probation and parole administration, providing for early parole subject to Federal order; making a related repeal; and abrogating regulations.

Spectrum: Bipartisan Bill

Status: (Passed) 2012-07-05 - Act No. 122 [SB100 Detail]

Download: Pennsylvania-2011-SB100-Amended.html

HOUSE AMENDED

 

PRIOR PRINTER'S NOS. 85, 1329, 1668, 2242, 2258

PRINTER'S NO.  2272

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

100

Session of

2011

  

  

INTRODUCED BY GREENLEAF, TARTAGLIONE, ERICKSON, M. WHITE, BRUBAKER, EARLL, FERLO, WOZNIAK, YUDICHAK, BROWNE, BLAKE AND WASHINGTON, JANUARY 12, 2011

  

  

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 11, 2012   

  

  

  

AN ACT

  

1

Amending Titles 18 (Crimes and Offenses), 42 (Judiciary and

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2

Judicial Procedure) and 61 (Prisons and Parole) of the

3

Pennsylvania Consolidated Statutes, in burglary and other

4

criminal intrusion, further providing for the offense of

5

burglary; in Pennsylvania Commission on sentencing, further

6

providing for powers and duties and for publication of

7

guidelines; in sentences, further providing for sentences for

8

second and subsequent offenses, for sentencing generally and

9

for sentence of county intermediate punishment; providing for

10

court-imposed sanctions for offenders violating probation;

11

further providing for county intermediate punishment

12

programs; in visitation, further providing for general

13

provisions; in inmate prerelease plans, providing for time

14

eligibility for prerelease; in motivational boot camp,

15

further providing for definitions and for selection of inmate

16

participants; in State intermediate punishment, further

17

providing for definitions and for referral to State

18

intermediate punishment program; in recidivism risk reduction

19

incentive, further providing for definitions; establishing

20

the Safe Community Reentry Program; and providing for the

21

powers and duties of the Pennsylvania Board of Probation and

22

Parole and the Department of Corrections.

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23

Amending Titles 18 (Crimes and Offenses), 42 (Judiciary and

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24

Judicial Procedure) and 61 (Prisons and Parole) of the

25

Pennsylvania Consolidated Statutes, in burglary and other

26

criminal intrusion, further providing for the offense of

27

burglary; in other offenses, further providing for drug

28

trafficking sentencing and penalties; in Pennsylvania

29

Commission on Sentencing, further providing for powers and

30

duties and for publication of guidelines; in sentencing,

31

further providing for sentences for second and subsequent

 


1

offenses; in sentencing, providing for sentencing for certain

2

paroled offenders; in sentencing, further providing for

3

sentencing generally, for disposition under guilty but

4

mentally ill, for partial confinement, for total confinement

5

and for proceedings and location; in sentencing, providing

6

for court-imposed sanctions for offenders violating

7

probation; in county intermediate punishment, further

8

providing for definitions and for programs; in correctional

9

institutions administration, further providing for drug

10

distribution definitions; in inmate confinement visitation,

11

further providing for Gubernatorial visitors, for official

12

visitors and for rights of official visitors; in inmate

13

confinement prerelease plans, further providing for

14

establishment of prerelease centers, for prerelease plan for

15

inmates, for regulations and for compensation of inmates; in

16

inmate confinement motivational boot camps, further providing

17

for definitions and for selection of inmate participants; in

18

inmate confinement State intermediate punishment, further

19

providing for definitions and for referral to State

20

intermediate punishment program; in inmate confinement

21

recidivism risk reduction incentive, further providing for

22

definitions; in inmate confinement community corrections

23

facilities, further providing for definitions; in inmate

24

confinement, providing for safe community reentry and for

25

community corrections centers and community corrections

26

facilities; in probation and parole administration, further

27

providing for certain offenders residing in group-based

28

homes, for administrative powers over parolees, for general

29

court criteria for parole, for parole power, for parole

30

violation and for parole procedure; in probation and parole

31

administration, providing for early parole subject to Federal

32

order; making a related repeal; and abrogating regulations.

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33

The General Assembly of the Commonwealth of Pennsylvania

34

hereby enacts as follows:

35

Section 1.  Section 3502 of Title 18 of the Pennsylvania

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36

Consolidated Statutes is amended to read:

37

Section 1.  Sections 3502 and 7508(c) of Title 18 of the

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38

Pennsylvania Consolidated Statutes are amended to read:

39

§ 3502.  Burglary.

40

[(a)  Offense defined.--A person is guilty of burglary if he

41

enters a building or occupied structure, or separately secured

42

or occupied portion thereof, with intent to commit a crime

43

therein, unless the premises are at the time open to the public

44

or the actor is licensed or privileged to enter.

45

(b)  Defense.--It is a defense to prosecution for burglary

46

that the building or structure was abandoned.]

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1

(a)  Offense defined.--A person commits the offense of

2

burglary if, with the intent to commit a crime therein, the

3

person:

4

(1)  enters a building or occupied structure, or

5

separately secured or occupied portion thereof that is

6

adapted for overnight accommodations in which at the time of

7

the offense any person is present;

8

(2)  enters a building or occupied structure, or

9

separately secured or occupied portion thereof that is

10

adapted for overnight accommodations in which at the time of

11

the offense no person is present;

12

(3)  enters a building or occupied structure, or

13

separately secured or occupied portion thereof that is not

14

adapted for overnight accommodations in which at the time of

15

the offense any person is present; or

16

(4)  enters a building or occupied structure, or

17

separately secured or occupied portion thereof that is not

18

adapted for overnight accommodations in which at the time of

19

the offense no person is present.

20

(b)  Defense.--It is a defense to prosecution for burglary if

21

any of the following exists at the time of the commission of the

22

offense:

23

(1)  The building or structure was abandoned.

24

(2)  The premises are open to the public.

25

(3)  The actor is licensed or privileged to enter.

26

(c)  Grading.--

27

(1)  Except as provided in paragraph (2), burglary is a

28

felony of the first degree.

29

(2)  [If the building, structure or portion entered is

30

not adapted for overnight accommodation and if no individual

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1

is present at the time of entry, burglary is a felony of the

2

second degree.] An offense under subsection (a)(4) is a

3

felony of the second degree.

4

(d)  Multiple convictions.--A person may not be [convicted] 

5

sentenced both for burglary and for the offense which it was his

6

intent to commit after the burglarious entry or for an attempt

7

to commit that offense, unless the additional offense

8

constitutes a felony of the first or second degree.

9

§ 7508.  Drug trafficking sentencing and penalties.

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10

* * *

11

(c)  Mandatory sentencing.--There shall be no authority in

12

any court to impose on an offender to which this section is

13

applicable a lesser sentence than provided for herein or to

14

place the offender on probation, parole[,] or work release [or

15

prerelease] or to suspend sentence. Nothing in this section

16

shall prevent the sentencing court from imposing a sentence

17

greater than provided herein. Sentencing guidelines promulgated

18

by the Pennsylvania Commission on Sentencing shall not supersede

19

the mandatory sentences provided herein. Disposition under

20

section 17 or 18 of The Controlled Substance, Drug, Device and

21

Cosmetic Act shall not be available to a defendant to which this

22

section applies.

23

* * *

24

Section 1.1.  Sections 2153(a)(14) and (15) and 2155 of Title

25

42 are amended to read:

26

§ 2153.  Powers and duties.

27

(a)  General rule.--The commission, pursuant to rules and

28

regulations, shall have the power to:

29

* * *

30

(14)  Establish a program to systematically monitor

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1

compliance with the guidelines, with the risk assessment

2

instrument, with recommitment ranges and with mandatory

3

sentencing laws to document eligibility for and releases

4

pursuant to a county reentry plan, to document eligibility

5

for and imposition of recidivism risk reduction incentive

6

minimum sentences and to document all parole and reparole

7

decisions by the board and any other paroling authority by:

8

(i)  Promulgating forms which document the

9

application of sentencing, resentencing and parole

10

guidelines, mandatory sentencing laws, risk assessment

11

instrument, releases pursuant to a county reentry plan,

12

recommitment ranges and recidivism risk reduction

13

incentive minimum sentences and collecting information on

14

all parole and reparole decisions by the board and any

15

other paroling authority.

16

(ii)  Requiring the timely completion and electronic

17

submission of such forms to the commission.

18

(15)  Prior to adoption of changes to guidelines for

19

sentencing, resentencing and parole, risk assessment

20

instrument and recommitment ranges following revocation, use

21

a correctional population simulation model to determine:

22

(i)  Resources that are required under current

23

guidelines, risk assessment instrument and ranges.

24

(ii)  Resources that would be required to carry out

25

any proposed changes to the guidelines, risk assessment

26

instrument and ranges.

27

* * *

28

§ 2155.  Publication of guidelines for sentencing, resentencing

29

and parole, risk assessment instrument and 

30

recommitment ranges following revocation.

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1

(a)  General rule.--The commission shall:

2

(1)  Prior to adoption, publish in the Pennsylvania

3

Bulletin all proposed sentencing guidelines, resentencing

4

guidelines following revocation of probation, county

5

intermediate punishment and State intermediate punishment,

6

parole guidelines, risk assessment instrument and

7

recommitment ranges following revocation, by the board of

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8

paroles granted, and hold public hearings not earlier than 30

9

days and not later than 60 days thereafter to afford an

10

opportunity for the following persons and organizations to

11

testify:

12

(i)  Pennsylvania District Attorneys Association.

13

(ii)  Chiefs of Police Associations.

14

(iii)  Fraternal Order of Police.

15

(iv)  Public Defenders Organization.

16

(v)  Law school faculty members.

17

(vi)  State Board of Probation and Parole.

18

(vii) Department of Corrections.

19

(viii)  Pennsylvania Bar Association.

20

(ix)  Pennsylvania Wardens Association.

21

(x)  Pennsylvania Association on Probation, Parole

22

and Corrections.

23

(xi)  Pennsylvania Conference of State Trial Judges.

24

(xii)  Any other interested person or organization.

25

(2)  Publish in the Pennsylvania Bulletin sentencing

26

guidelines, resentencing guidelines following revocation of

27

probation, county intermediate punishment and State

28

intermediate punishment, parole guidelines, risk assessment

29

instrument and recommitment ranges following revocation by

30

the board of paroles granted as adopted by the commission.

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1

(b)  Rejection by General Assembly.--Subject to gubernatorial

2

review pursuant to section 9 of Article III of the Constitution

3

of Pennsylvania, the General Assembly may by concurrent

4

resolution reject in their entirety any guidelines, risk

5

assessment instrument or recommitment ranges adopted by the

6

commission within 90 days of their publication in the

7

Pennsylvania Bulletin pursuant to subsection (a)(2).

8

(c)  Effective date.--

9

(1)  Sentencing guidelines, resentencing guidelines

10

following revocation of probation, county intermediate

11

punishment and State intermediate punishment, parole

12

guidelines, risk assessment instrument and recommitment

13

ranges following revocation by the board of paroles granted,

14

adopted by the commission shall become effective 90 days

15

after publication in the Pennsylvania Bulletin pursuant to

16

subsection (a)(2) unless disapproved pursuant to subsection

17

(b) and shall apply to sentences and resentences and parole

18

decisions made after the effective date of the guidelines.

19

(2)  If not disapproved, the [commissioners] commission 

20

shall conduct training and orientation for trial court judges

21

and board members prior to the effective date of the

22

guidelines, risk assessment instrument and recommitment

23

ranges.

24

Section 1.2.  Section 9714(g) of Title 42, amended July 7,

25

2011 (P.L.220, No.40), is amended to read:

26

§ 9714.  Sentences for second and subsequent offenses.

27

* * *

28

(g)  Definition.--As used in this section, the term "crime of

29

violence" means murder of the third degree, voluntary

30

manslaughter, manslaughter of a law enforcement officer as

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1

defined in 18 Pa.C.S. § 2507(c) or (d) (relating to criminal

2

homicide of law enforcement officer), murder of the third degree

3

involving an unborn child as defined in 18 Pa.C.S. § 2604(c)

4

(relating to murder of unborn child), aggravated assault of an

5

unborn child as defined in 18 Pa.C.S. § 2606 (relating to

6

aggravated assault of unborn child), aggravated assault as

7

defined in 18 Pa.C.S. § 2702(a)(1) or (2) (relating to

8

aggravated assault), assault of law enforcement officer as

9

defined in 18 Pa.C.S. § 2702.1 (relating to assault of law

10

enforcement officer), use of weapons of mass destruction as

11

defined in 18 Pa.C.S. § 2716(b) (relating to weapons of mass

12

destruction), terrorism as defined in 18 Pa.C.S. § 2717(b)(2)

13

(relating to terrorism), trafficking of persons when the offense

14

is graded as a felony of the first degree as provided in 18

15

Pa.C.S. § 3002 (relating to trafficking of persons), rape,

16

involuntary deviate sexual intercourse, aggravated indecent

17

assault, incest, sexual assault, arson as defined in 18 Pa.C.S.

18

§ 3301(a) (relating to arson and related offenses), ecoterrorism

19

as defined in 18 Pa.C.S. § 3311(b)(2) (relating to

20

ecoterrorism), kidnapping, burglary [of a structure adapted for

21

overnight accommodation in which at the time of the offense any

22

person is present] as defined in 18 Pa.C.S. § 3502(a)(1)

23

(relating to burglary), robbery as defined in 18 Pa.C.S. §

24

3701(a)(1)(i), (ii) or (iii) (relating to robbery), or robbery

25

of a motor vehicle, drug delivery resulting in death as defined

26

in 18 Pa.C.S. § 2506(a) (relating to drug delivery resulting in

27

death), or criminal attempt, criminal conspiracy or criminal

28

solicitation to commit murder or any of the offenses listed

29

above, or an equivalent crime under the laws of this

30

Commonwealth in effect at the time of the commission of that

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1

offense or an equivalent crime in another jurisdiction.

2

Section 1.3.  Title 42 is amended by adding a section to

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3

read:

4

§ 9720.3.  Sentencing for certain paroled offenders.

5

A person unlawfully present in the United States who is

6

convicted in a court of this Commonwealth of an offense

7

committed subsequent to being paroled under 61 Pa.C.S. § 6143

8

(relating to early parole of inmates subject to Federal removal

9

order) may be imprisoned for a term up to twice the term of

10

sentence otherwise authorized, fined an amount equal to twice

11

the fine otherwise authorized, or both.

12

Section 1.3.  Section 9721(a.1) 2.  Sections 9721(a.1),

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13

9727(d), 9755(g) and 9756(d) of Title 42 is are amended to read:

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14

§ 9721.  Sentencing generally.

15

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16

(a.1)  Exception.--

17

(1)  Unless specifically authorized under section 9763

18

(relating to a sentence of county intermediate punishment) or

19

[Chapter 99] 61 Pa.C.S. Ch. 41 (relating to State

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20

intermediate punishment), subsection (a) shall not apply

21

where a mandatory minimum sentence is otherwise provided by

22

law.

23

(2)  An eligible offender may be sentenced to State

24

intermediate punishment pursuant to subsection (a)(7) and as

25

described in [Chapter 99] 61 Pa.C.S. Ch. 41 or to State

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26

motivational boot camp as described in 61 Pa.C.S. Ch. 39

27

(relating to motivational boot camp), even if a mandatory

28

minimum sentence would otherwise be provided by law.

29

(3)  An eligible offender may be sentenced to total

30

confinement pursuant to subsection (a)(4) and a recidivism

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1

risk reduction incentive minimum sentence pursuant to section

2

9756(b.1) (relating to sentence of total confinement), even

3

if a mandatory minimum sentence would otherwise be provided

4

by law.

5

* * *

6

Section 2.  Section 9763(c) heading of Title 42 is amended

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7

and the section is amended by adding a subsection to read:

8

§ 9763.  Sentence of county intermediate punishment.

9

* * *

10

(c)  Restriction for certain Vehicle Code violations.--

11

* * *

12

(c.1)  Restriction for drug trafficking.--

13

(1)  Any person receiving a penalty imposed pursuant to

14

18 Pa.C.S. § 7508 (relating to drug trafficking sentencing

15

and penalties) where the sentence is imposed pursuant to 18

16

Pa.C.S. § 7508(a)(1)(i), (2)(i), (3)(i), (4)(i) or (7)(i) may

17

only be sentenced to county intermediate punishment after

18

undergoing a diagnostic assessment of dependency on alcohol

19

or other drugs.

20

(2)  If the defendant is determined to be in need of drug

21

and alcohol treatment, the defendant may only be sentenced to

22

county intermediate punishment which includes participation

23

in clinically prescribed drug and alcohol treatment combined

24

with one or more of the following programs:

25

(i)  a residential inpatient program or a residential

26

rehabilitative center;

27

(ii)  house arrest with electronic surveillance; or

28

(iii)  a partial confinement program, including, but

29

not limited to, work release, work camp and halfway

30

facility.

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1

(3)  If the defendant is determined not to be in need of

2

drug and alcohol treatment, the defendant may only be

3

sentenced to county intermediate punishment in:

4

(i)  house arrest with electronic surveillance;

5

(ii)  a partial confinement program, including, but

6

not limited to, work release, work camp and halfway

7

facility; or

8

(iii)  any combination of the programs specified in

9

this paragraph.

10

(4)  Each day of participation in a restrictive

11

intermediate punishment program or combination of programs

12

shall be considered the equivalent of and satisfy one day of

13

total confinement required pursuant to 18 Pa.C.S. § 7508

14

where the sentence is imposed pursuant to 18 Pa.C.S. §

15

7508(a)(1)(i), (2)(i), (3)(i), (4)(i) or (7)(i).

16

* * *

17

§ 9727.  Disposition of persons found guilty but mentally ill.

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18

* * *

19

(d)  [Prerelease and parole] Parole conditions.--An offender

20

who is discharged from treatment may be placed on [prerelease

21

or] parole status under the same terms and laws applicable to

22

any other offender. Psychological and psychiatric counseling and

23

treatment may be required as a condition of such status. Failure

24

to continue treatment, except by agreement of the supervising

25

authority, shall be a basis for [terminating prerelease status

26

or] instituting parole violation hearings.

27

* * *

28

§ 9755.  Sentence of partial confinement.

29

* * *

30

(g)  Prisoner release plans.--This section shall not be

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1

interpreted as limiting [the authority of the Bureau of

2

Correction as set forth in the act of July 16, 1968 (P.L.351,

3

No.173), as amended, relating to prisoner pre-release centers

4

and release plans, or] the authority of the court as set forth

5

in [the act of August 13, 1963 (P.L.774, No.390), as amended,

6

relating to prisoner release for occupational and other

7

purposes] section 9755.1 (relating to temporary release from

8

county correctional institution).

9

* * *

10

§ 9756.  Sentence of total confinement.

11

* * *

12

(d)  Prisoner release plans.--This section shall not be

13

interpreted as limiting [the authority of the Bureau of

14

Correction as set forth in the act of July 16, 1968 (P.L.351,

15

No.173), as amended, relating to prisoner pre-release centers

16

and release plans, or] the authority of the court as set forth

17

in [the act of August 13, 1963 (P.L.774, No.390), as amended,

18

relating to prisoner release for occupational and other

19

purposes] section 9755.1 (relating to temporary release from

20

county correctional institution).

21

* * *

22

Section 3.  Section 9762 of Title 42 is amended by adding a 

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23

subsection subsections to read:

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24

§ 9762.  Sentencing proceeding; place of confinement.

25

* * *

26

(i)  Prohibition.--Notwithstanding any other provision of

27

law, no person sentenced to total or partial confinement after

28

the effective date of this subsection shall be committed to the

29

Department of Corrections unless:

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30

(1)  the person is serving a sentence which includes a

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1

sentence for an offense graded as a misdemeanor of the second

2

degree or higher; or

3

(1)  The aggregate sentence consists of a conviction for

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4

an offense graded as a misdemeanor of the second degree or

5

higher; or

6

(2)  the Secretary of Corrections or the secretary's

7

designee has consented to the commitment.

8

(j)  Applicability.--18 Pa.C.S. § 106(b)(8) and (9) (relating

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9

to classes of offenses) applies to subsection (i).

10

Section 3 3.1.  Title 42 is amended by adding a section to

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11

read:

12

§ 9771.1.  Court-imposed sanctions for offenders violating

13

probation.

14

(a)  Program.--Notwithstanding the provisions of section 9771

15

(relating to modification or revocation of order of probation),

16

the court of common pleas of a judicial district may establish a

17

program to impose swift, predictable and immediate sanctions on

18

offenders who violate their probation.

19

(b)  Coordination with other officials.--The court shall work

20

with probation administrators and officers, jail administrators,

21

prosecutors, public defenders and law enforcement in the

22

judicial district to develop and implement the program.

23

(c)  Eligibility.--

24

(1)  The court shall determine which offenders are

25

eligible for and admitted into the program. The program shall

26

focus on, but not be limited to, offenders who have committed

27

drug-related crimes.

28

(2)  An offender shall be ineligible for the program if

29

the offender was has been convicted or adjudicated delinquent

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30

of a crime of violence as defined in section 9714 (relating

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1

to sentences for second and subsequent offenses) or of a

2

crime requiring registration under section 9795.1 Subchapter

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3

H (relating to registration of sexual offenders).

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4

(d)  Warning hearing.--

5

(1)  The At the time of sentencing, the court shall hold

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6

a warning hearing for each participant in the program to

7

clearly communicate program expectations and consequences and

8

to encourage the participant's compliance and success.

9

(2)  The court shall emphasize the expectations that the

10

participant remain drug-free and comply with any treatment or

11

services ordered by the court as a condition of the

12

participant's probation.

13

(3)  The court shall put the participant on notice that

14

each probation violation, including missed appointments and

15

positive drug tests, will result in jail time as provided for

16

under subsection (g).

17

(e)  Drug testing.--The program shall require, when

18

applicable, randomized drug testing.

19

(f)  Violation hearing.--If a participant commits a probation

20

violation, the participant shall promptly be arrested and a

21

hearing shall be held no later than two business days after the

22

arrest date.

23

(g)  Sanctions.--

24

(1)  The court shall impose a term of imprisonment of up

25

to:

26

(i)  three days for a first violation;

27

(ii)  seven days for a second violation;

28

(iii)  fourteen days for a third violation; and

29

(iv)  twenty-one days for a fourth or subsequent

30

violation of probation.

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1

(2)  The court may allow the term of imprisonment to be

2

served on weekends or other nonwork days for employed

3

probationers who have committed a first or second violation.

4

(3)  The court may increase the conditions of probation,

5

including additional substance abuse treatment for a

6

participant who has failed one or more drug tests.

7

(h)  Exceptions.--If the participant is able to provide a

8

compelling reason for the probation violation, the court may

9

grant an exception to the sanctions authorized under subsection

10

(g).

11

(i)  Revocation of probation.--

12

(1)  After a third violation, the court may revoke the

13

order of probation.

14

(2)  Upon revocation, the sentencing alternatives shall

15

be the same as were available at the time of initial

16

sentencing, due consideration being given to the time spent

17

serving the order of probation.

18

(j)  Local rules.--

19

(1)  The court may adopt local rules for the

20

administration of this program. Except as provided for under

21

paragraph (2), the local rules may not be inconsistent with

22

this section or any rules adopted by the Supreme Court.

23

(2)  The court may adopt local rules that are

24

inconsistent with subsection (g) regarding the terms of

25

imprisonment or other sanctions or conditions provided for

26

under subsection (g).

27

Section 3.2.  The definition of "eligible offender" in

<--

28

section 9802 of Title 42 is amended to read:

29

§ 9802.  Definitions.

30

The following words and phrases when used in this chapter

- 15 -

 


1

shall have the meanings given to them in this section unless the

2

context clearly indicates otherwise:

3

* * *

4

"Eligible offender."  Subject to section 9721(a.1) (relating

5

to sentencing generally), a person convicted of an offense who

6

would otherwise be sentenced to a county correctional facility,

7

who does not demonstrate a present or past pattern of violent

8

behavior and who would otherwise be sentenced to partial

9

confinement pursuant to section 9724 (relating to partial

10

confinement) or total confinement pursuant to section 9725

11

(relating to total confinement). The term does not include an

12

offender who has been convicted or adjudicated delinquent of a

13

crime requiring registration under 42 Pa.C.S. Ch. 97 Subch. H

14

(relating to registration of sexual offenders) or an offender 

15

with a current conviction or a prior conviction within the past

16

ten years for any of the following offenses:

17

18 Pa.C.S. § 2502 (relating to murder).

18

18 Pa.C.S. § 2503 (relating to voluntary manslaughter).

19

18 Pa.C.S. § 2702 (relating to aggravated assault).

20

18 Pa.C.S. § 2703 (relating to assault by prisoner).

21

18 Pa.C.S. § 2704 (relating to assault by life prisoner).

22

18 Pa.C.S. § 2901(a) (relating to kidnapping).

23

[18 Pa.C.S. § 3121 (relating to rape).]

24

18 Pa.C.S. § 3122.1(a)(1) (relating to statutory sexual

25

assault).

26

[18 Pa.C.S. § 3123 (relating to involuntary deviate

27

sexual intercourse).

28

18 Pa.C.S. § 3124.1 (relating to sexual assault).

29

18 Pa.C.S. § 3125 (relating to aggravated indecent

30

assault).

- 16 -

 


1

18 Pa.C.S. § 3126 (relating to indecent assault).]

2

18 Pa.C.S. § 3301 (relating to arson and related

3

offenses).

4

18 Pa.C.S. § 3502 (relating to burglary) when graded as a

5

felony of the first degree.

6

18 Pa.C.S. § 3701 (relating to robbery).

7

18 Pa.C.S. § 3923 (relating to theft by extortion).

8

18 Pa.C.S. § 4302(a) (relating to incest).

9

18 Pa.C.S. § 5121 (relating to escape).

10

* * *

11

Section 4.  Section 9804(b)(1) of Title 42 is amended and the

<--

12

subsection is amended by adding a paragraph to read:

13

§ 9804.  County intermediate punishment programs.

14

* * *

15

(b)  Eligibility.--

16

(1)  (i)  No person other than the eligible offender

17

shall be sentenced to a county intermediate punishment

18

program.

19

(ii)  The prosecuting attorney, in the prosecuting

20

attorney's sole discretion, may advise the court that the

21

Commonwealth has elected to waive the eligibility

22

requirements of this chapter if the victim has been given

23

notice of the prosecuting attorney's intent to waive the

24

eligibility requirements and an opportunity to be heard

25

on the issue.

26

(iii)  The court, after considering victim input, may

27

refuse to accept the prosecuting attorney's waiver of the

28

eligibility requirements.

29

* * *

30

(6)  (i)  Any person receiving a penalty imposed pursuant

<--

- 17 -

 


1

to 18 Pa.C.S. § 7508 (relating to drug trafficking

2

sentencing and penalties) where the sentence is imposed

3

pursuant to 18 Pa.C.S. § 7508(a)(1)(i), (2)(i), (3)(i),

4

(4)(i) or (7)(i) may only be sentenced to county

5

intermediate punishment after undergoing a diagnostic

6

assessment of dependency on alcohol or other drugs.

7

(ii)  If the defendant is determined to be in need of

8

drug and alcohol treatment, the defendant may only be

9

sentenced to county intermediate punishment which

10

includes participation in clinically prescribed drug and

11

alcohol treatment combined with one or more of the

12

following programs:

13

(A)  a residential inpatient program or a

14

residential rehabilitative center;

15

(B)  house arrest with electronic surveillance;

16

or

17

(C)  a partial confinement program, including,

18

but not limited to, work release, work camp and

19

halfway facility.

20

(iii)  If the defendant is determined not to be in

21

need of drug and alcohol treatment, the defendant may

22

only be sentenced to county intermediate punishment in:

23

(A)  house arrest with electronic surveillance;

24

(B)  a partial confinement program, including,

25

but not limited to, work release, work camp and

26

halfway facility; or

27

(C)  any combination of the programs specified in

28

this paragraph.

29

(iv)  Each day of participation in a restrictive

30

intermediate punishment program or combination of

- 18 -

 


1

programs shall be considered the equivalent of and

2

satisfy one day of total confinement required pursuant to

3

18 Pa.C.S. § 7508 where the sentence is imposed pursuant

4

to 18 Pa.C.S. § 7508(a)(1)(i), (2)(i), (3)(i), (4)(i) or

5

(7)(i).

6

Section 5.  The definition of "correctional facility" in

<--

7

section 1172 of Title 61 is amended to read:

8

§ 1172.  Definitions.

9

The following words and phrases when used in this subchapter

10

shall have the meanings given to them in this section unless the

11

context clearly indicates otherwise:

12

"Correctional facility."  A correctional institution, group

13

home, [prerelease center,] community corrections center, parole

14

center or any facility that houses a person convicted of a

15

criminal offense, or awaiting trial, sentencing or extradition

16

in a criminal proceeding. The term does not include any facility

17

or institution operated, supervised or licensed under the act of

18

June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code.

19

* * *

20

Section 5 5.1.  Subchapter A heading of Chapter 35 of Title

<--

21

61 is amended to read:

22

SUBCHAPTER A

23

[GENERAL PROVISIONS]

24

(Reserved)

25

Section 6.  Sections 3501, 3502 and, 3503, 3701, 3702, 3703

<--

26

and 3704 of Title 61 are amended to read:

27

§ 3501.  [Gubernatorial visitor for philanthropic purposes.

28

The Governor may appoint a person to visit, for philanthropic

29

purposes, correctional institutions. No expense shall be

30

incurred to the Commonwealth for the implementation of this

- 19 -

 


1

section.] (Reserved).

2

§ 3502.  [Official visitors.

3

(a)  General rule.--Subject to the provisions of subsection

4

(b), the active or visiting committee of any society

5

incorporated for the purpose of visiting and instructing inmates

6

are hereby made official visitors of any correctional

7

institution, with the same powers, privileges and functions as

8

are vested in the official visitors of correctional institutions

9

as now prescribed by law.

10

(b)  Notice required.--No active or visiting committee as

11

identified in subsection (a) may visit a correctional

12

institution under this section unless notice of the names of the

13

members of the committee and the terms of their appointment are

14

given by the society, in writing, under its corporate seal, to

15

the chief administrator of the correctional institution.] 

16

(Reserved).

17

§ 3503.  [Rights of official visitors.

18

(a)  Visiting hours.--A person designated by law to be an

19

official visitor of a correctional institution may enter and

20

visit any correctional institution on any and every day,

21

including Sundays, between the hours of 9 a.m. and 5 p.m. and at

22

such other times with the special permission of the chief

23

administrator.

24

(b)  Confirmation of role.--All powers, functions and

25

privileges granted to official visitors of correctional

26

institutions under prior law are hereby confirmed. No official

27

visitor shall have the right or power to give or deliver to an

28

inmate during such visit any chattel or object whatsoever,

29

except objects and articles of religious or moral instruction or

30

use.

- 20 -

 


1

(c)  Effect of violation.--

2

(1)  If an official visitor violates any provision of

3

this section, a chief administrator may apply to the court of

4

common pleas in the county wherein the correctional

5

institution is situated for a rule upon the official visitor

6

to show cause why he should not be deprived of his office.

7

(2)  Upon proof to the satisfaction of the court, the

8

court shall enter a decree against the official visitor

9

depriving him of all rights, privileges and functions of an

10

official visitor.] (Reserved).

11

Section 7.  Title 61 is amended by adding a section to read:

<--

12

§ 3705.  Time eligibility for prerelease.

13

(a)  General rule.--To be time-eligible for placement in a

14

prerelease center, an inmate must:

15

(1)  have completed at least one-half of the inmate's

16

minimum sentence;

17

(2)  be within one year of completing the inmate's

18

minimum sentence;

19

(3)  have no outstanding detainers; and

20

(4)  have continuously served for a total of at least

21

nine months in a county jail or in a State correctional

22

institution for that sentence.

23

(b)  Exception.--Notwithstanding the provisions of subsection

24

(a), no inmate shall be eligible for placement in a prerelease

25

center prior to the completion of the inmate's minimum sentence

26

if the inmate is serving a term of imprisonment for:

27

(1)  a crime of violence as defined in 42 Pa.C.S. §9714

28

(relating to sentences for second and subsequent offenses);

29

or

30

(2)  a crime requiring registration under 42 Pa.C.S.

- 21 -

 


1

§9795.1 (relating to registration).

2

[§ 3701.  Establishment of prerelease centers.

<--

3

The department shall establish, with the approval of the

4

Governor, prisoner prerelease centers at such locations

5

throughout this Commonwealth as it deems necessary to carry out

6

effective prisoner prerelease programs.

7

§ 3702.  Prerelease plan for inmates.

8

(a)  Transfer authorization.--

9

(1)  The secretary may transfer an inmate incarcerated in

10

any prerelease center or in any prerelease center located in

11

any State correctional institution who has not been sentenced

12

to death or life imprisonment to any prerelease center.

13

(2)  The transfer of the inmate to the prerelease center

14

shall not occur where the transfer is not appropriate due to

15

a certified terminal illness.

16

(b)  Temporary release.--An inmate transferred to and

17

confined in a prerelease center may be released temporarily with

18

or without direct supervision at the discretion of the

19

department, in accordance with rules and regulations as provided

20

in section 3703 (relating to rules and regulations), for the

21

purposes of gainful employment, vocational or technical

22

training, academic education and such other lawful purposes as

23

the department shall consider necessary and appropriate for the

24

furtherance of the inmate's individual prerelease program

25

subject to compliance with subsection (c).

26

(c)  Conditions for release of certain inmates.--

27

(1)  An inmate who has not served his minimum sentence

28

may not be transferred to a prerelease center unless:

29

(i)  more than 20 days have elapsed after written

30

notice of the proposed transfer, describing the inmate's

- 22 -

 


1

individual prerelease program, has been received by the

2

sentencing judge or, in the event the sentencing judge is

3

unavailable, the sentencing court and the prosecuting

4

district attorney's office and no written objection by

5

the judge containing the reason therefor has been

6

received by the department;

7

(ii)  the judge withdraws his objection after

8

consultation with representatives of the department; or

9

(iii)  approval of the proposed transfer is given by

10

the Board of Pardons.

11

(2)  In the event of a timely objection by the judge,

12

representatives of the department shall meet with the judge

13

and attempt to resolve the disagreement.

14

(3)  If, within 20 days of the department's receipt of

15

the objection:

16

(i)  the judge does not withdraw his objection;

17

(ii)  the department does not withdraw its proposal

18

for transfer; or

19

(iii)  the judge and the department do not agree on

20

an alternate proposal for transfer, the matter shall be

21

listed for hearing at the next session of the Board of

22

Pardons to be held in the hearing district in which the

23

judge is located.

24

(4)  During the hearing before the Board of Pardons,

25

representatives of the judge, the department, the district

26

attorney of the county where the inmate was prosecuted and

27

any victim involved shall have the opportunity to be heard.

28

(d)  Notice of release.--

29

(1)  An inmate who has served his minimum sentence may be

30

released by the department only after notice to the judge

- 23 -

 


1

that the privilege is being granted.

2

(2)  Notice of the release of an inmate shall be given to

3

the Pennsylvania State Police, the probation officer and the

4

sheriff or chief of police of the county and the chief of

5

police of the municipality or township of the locality to

6

which the inmate is assigned or of the inmate's authorized

7

destination.

8

§ 3703.  Rules and regulations.

9

The department shall establish rules and regulations for

10

granting and administering release plans and shall determine

11

those inmates who may participate in any plan. If an inmate

12

violates the rules or regulations prescribed by the department,

13

the inmate's release privileges may be withdrawn. Failure of an

14

inmate to report to or return from the assigned place of

15

employment, training, education or other authorized destination

16

shall be deemed an offense under 18 Pa.C.S. § 5121 (relating to

17

escape).

18

§ 3704.  Salaries and wages of inmates.

19

(a)  General rule.--The salaries or wages of inmates

20

gainfully employed under a plan established under this chapter

21

shall be collected by the department or its designated agents or

22

employees. The wages shall not be subject to garnishment or

23

attachment for any purpose either in the hands of the employer

24

or the department during the inmate's term of imprisonment and

25

shall be disbursed only as provided in this section, but for tax

26

purposes they shall be income of the inmate.

27

(b)  Use of salaries or wages.--The salaries or wages of an

28

inmate participating in a plan established under this chapter

29

shall be disbursed by the department in the following order:

30

(1)  The board of the inmate, including food and

- 24 -

 


1

clothing.

2

(2)  Necessary travel expense to and from work and other

3

incidental expenses of the inmate.

4

(3)  Support of the inmate's dependents, if any.

5

(4)  Payment, either in full or ratably, of the inmate's

6

obligations acknowledged by him in writing or which have been

7

reduced to judgment.

8

(5)  The balance, if any, to the inmate upon his

9

discharge.]

10

Section 7.  (Reserved).

11

Section 8.  The definition of "eligible inmate" in section

<--

12

3903 of Title 61 is amended to read:

<--

13

§ 3903.  Definitions.

14

The following words and phrases when used in this chapter

15

shall have the meanings given to them in this section unless the

16

context clearly indicates otherwise:

17

* * *

18

"Eligible inmate."  A person sentenced to a term of

19

confinement under the jurisdiction of the Department of

20

Corrections who is serving a term of confinement, the minimum of

21

which is not more than two years and the maximum of which is

22

five years or less, or an inmate who is serving a term of

23

confinement, the minimum of which is not more than three years

24

where that inmate is within two years of completing his minimum

25

term, and who has not reached [35] 40 years of age at the time

26

he is approved for participation in the motivational boot camp

27

program. The term shall not include any inmate who is subject to

28

a sentence the calculation of which included an enhancement for

29

the use of a deadly weapon as defined pursuant to the sentencing

30

guidelines promulgated by the Pennsylvania Commission on

- 25 -

 


1

Sentencing [or any inmate [serving a sentence for any violation

<--

2

of one or more of the following provisions], any inmate who has

<--

3

been convicted or adjudicated delinquent of any crime requiring

4

registration under 42 Pa.C.S. Ch. 97 Subch. H (relating to

5

registration of sexual offenders) or any inmate with a current

6

conviction or a prior conviction within the past ten years for

7

any of the following offenses:

8

18 Pa.C.S. § 2502 (relating to murder).

9

18 Pa.C.S. § 2503 (relating to voluntary manslaughter).

10

18 Pa.C.S. § 2506 (relating to drug delivery resulting in

11

death).

12

18 Pa.C.S. § [2901] 2901(a) (relating to kidnapping).

<--

13

[18 Pa.C.S. § 3121 (relating to rape).

<--

14

18 Pa.C.S. § 3123 (relating to involuntary deviate sexual

15

intercourse).

16

18 Pa.C.S. § 3124.1 (relating to sexual assault).

17

18 Pa.C.S. § 3125 (relating to aggravated indecent

18

assault).]

<--

19

18 Pa.C.S. § 3301(a)(1)(i) (relating to arson and related

20

offenses).

21

18 Pa.C.S. § 3502 (relating to burglary) in the case of

22

burglary of a structure adapted for overnight accommodation

23

in which at the time of the offense any person is present.

24

18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to

25

robbery).

26

18 Pa.C.S. § 3702 (relating to robbery of motor vehicle).

27

18 Pa.C.S. § 7508 (a)(1)(iii), (2)(iii), (3)(iii) or (4)

28

(iii) (relating to drug trafficking sentencing and

29

penalties).

30

* * *

- 26 -

 


1

Section 9.  Section 3904 of Title 61 is amended by adding a

2

subsection to read:

3

§ 3904.  Selection of inmate participants.

4

* * *

5

(d)  Waiver of eligibility requirements.--

6

(1)  The prosecuting attorney, in the prosecuting

7

attorney's sole discretion, may advise the court that the

8

Commonwealth has elected to waive the eligibility

9

requirements of this chapter if the victim has been given

10

notice of the prosecuting attorney's intent to waive the

11

eligibility requirements and an opportunity to be heard on

12

the issue.

13

(2)  The court, after considering victim input, may

14

refuse to accept the prosecuting attorney's waiver of the

15

eligibility requirements.

16

Section 10.  The definitions of "defendant" and "eligible

<--

17

offender" "community corrections center," "defendant," "eligible

<--

18

offender" and "group home" in section 4103 of Title 61 are

19

amended to read:

20

§ 4103.  Definitions.

21

The following words and phrases when used in this chapter

22

shall have the meanings given to them in this section unless the

23

context clearly indicates otherwise:

24

* * *

25

"Defendant."  An individual charged with a drug-related

<--

26

offense, including an individual convicted of violating section

27

13(a)(14), (30) or (37) of the act of April 14, 1972 (P.L.233,

28

No.64), known as The Controlled Substance, Drug, Device and

29

Cosmetic Act, where the sentence was imposed pursuant 18 Pa.C.S.

30

§ 7508(a)(1)(i), (2)(i), (3)(i), (4)(i) or (7)(i) (relating to

- 27 -

 


1

drug trafficking sentencing and penalties).

2

* * *

3

"Eligible offender."  Subject to 42 Pa.C.S. § 9721(a.1)

4

(relating to sentencing generally), a defendant designated by

5

the sentencing court as a person convicted of a drug-related

6

offense who:

7

(1)  Has undergone an assessment performed by the

8

Department of Corrections, which assessment has concluded

9

that the defendant is in need of drug and alcohol addiction

10

treatment and would benefit from commitment to a drug

11

offender treatment program and that placement in a drug

12

offender treatment program would be appropriate.

13

(2)  Does not demonstrate a history of present or past

14

violent behavior.

15

(3)  Would be placed in the custody of the department if

16

not sentenced to State intermediate punishment.

17

(4)  Provides written consent permitting release of

18

information pertaining to the defendant's participation in a

19

drug offender treatment program.

20

The term shall not include a defendant who is subject to a

21

sentence the calculation of which includes an enhancement for

22

the use of a deadly weapon, as defined pursuant to law or the

23

sentencing guidelines promulgated by the Pennsylvania Commission

24

on Sentencing, or a defendant [who has been convicted of a

25

personal injury crime as defined in section 103 of the act of

26

November 24, 1998 (P.L.882, No.111), known as the Crime Victims

27

Act, or an attempt or conspiracy to commit such a crime or who

28

has been convicted of violating 18 Pa.C.S. § 4302 (relating to

29

incest), 5901 (relating to open lewdness), 6312 (relating to

30

sexual abuse of children), 6318 (relating to unlawful contact

- 28 -

 


1

with minor) or 6320 (relating to sexual exploitation of

2

children) or Ch. 76 Subch. C (relating to Internet child

3

pornography)] with a current conviction or a prior conviction

4

within the past ten years for any of the following offenses:

5

18 Pa.C.S. § 2502 (relating to murder).

6

18 Pa.C.S. § 2503 (relating to voluntary manslaughter).

7

18 Pa.C.S. § 2506 (relating to drug delivery resulting in

8

death).

9

18 Pa.C.S. § 2901 (relating to kidnapping).

10

18 Pa.C.S. § 3121 (relating to rape).

11

18 Pa.C.S. § 3123 (relating to involuntary deviate sexual

12

intercourse).

13

18 Pa.C.S. § 3124.1 (relating to sexual assault).

14

18 Pa.C.S. § 3125 (relating to aggravated indecent

15

assault).

16

18 Pa.C.S. § 3301(a)(1)(i) (relating to arson and related

17

offenses).

18

18 Pa.C.S. § 3502 (relating to burglary), in the case of

19

burglary of a structure adapted for overnight accommodation

20

in which at the time of the offense any person is present.

21

18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to

22

robbery).

23

18 Pa.C.S. § 3702 (relating to robbery of motor vehicle).

24

18 Pa.C.S. § 7508 (a)(1)(iii), (2)(iii), (3)(iii) or (4)

25

(iii) (relating to drug trafficking sentencing and

26

penalties).

27

* * *

28

Section 11.  Section 4104(a)(1) of Title 61 is amended and

29

the subsection is amended by adding a paragraph to read:

<--

30

"Community corrections center."  A residential program that

<--

- 29 -

 


1

is supervised and operated by the Department of Corrections [for

2

inmates with prerelease status or who are on parole] in

3

accordance with Chapter 50 (relating to community corrections

4

centers and community corrections facilities).

5

* * *

6

"Defendant."  An individual charged with a drug-related

7

offense, including an individual convicted of violating section

8

13(a)(14), (30) or (37) of the act of April 14, 1972 (P.L.233,

9

No.64), known as The Controlled Substance, Drug, Device and

10

Cosmetic Act, where the sentence was imposed pursuant 18 Pa.C.S.

11

§ 7508(a)(1)(i), (2)(i), (3)(i), (4)(i) or (7)(i) (relating to

12

drug trafficking sentencing and penalties).

13

* * *

14

"Eligible offender."  Subject to 42 Pa.C.S. § 9721(a.1)

15

(relating to sentencing generally), a defendant designated by

16

the sentencing court as a person convicted of a drug-related

17

offense who:

18

(1)  Has undergone an assessment performed by the

19

Department of Corrections, which assessment has concluded

20

that the defendant is in need of drug and alcohol addiction

21

treatment and would benefit from commitment to a drug

22

offender treatment program and that placement in a drug

23

offender treatment program would be appropriate.

24

(2)  Does not demonstrate a history of present or past

25

violent behavior.

26

(3)  Would be placed in the custody of the department if

27

not sentenced to State intermediate punishment.

28

(4)  Provides written consent permitting release of

29

information pertaining to the defendant's participation in a

30

drug offender treatment program.

- 30 -

 


1

The term shall not include a defendant who is subject to a

2

sentence the calculation of which includes an enhancement for

3

the use of a deadly weapon, as defined pursuant to law or the

4

sentencing guidelines promulgated by the Pennsylvania Commission

5

on Sentencing, a defendant who has been convicted or adjudicated

6

delinquent of any crime requiring registration under 42 Pa.C.S.

7

Ch. 97 Subch. H (relating to registration of sexual offenders)  

8

or a defendant [who has been convicted of a personal injury

9

crime as defined in section 103 of the act of November 24, 1998

10

(P.L.882, No.111), known as the Crime Victims Act, or an attempt

11

or conspiracy to commit such a crime or who has been convicted

12

of violating 18 Pa.C.S. § 4302 (relating to incest), 5901 

13

(relating to open lewdness), 6312 (relating to sexual abuse of

14

children), 6318 (relating to unlawful contact with minor) or

15

6320 (relating to sexual exploitation of children) or Ch. 76

16

Subch. C (relating to Internet child pornography)] with a

17

current conviction or a prior conviction within the past ten

18

years for any of the following offenses:

19

18 Pa.C.S. § 2502 (relating to murder).

20

18 Pa.C.S. § 2503 (relating to voluntary manslaughter).

21

18 Pa.C.S. § 2506 (relating to drug delivery resulting in

22

death).

23

18 Pa.C.S. § 2901(a) (relating to kidnapping).

24

18 Pa.C.S. § 3301(a)(1)(i) (relating to arson and related

25

offenses).

26

18 Pa.C.S. § 3502 (relating to burglary), in the case of

27

burglary of a structure adapted for overnight accommodation

28

in which at the time of the offense any person is present.

29

18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to

30

robbery).

- 31 -

 


1

18 Pa.C.S. § 3702 (relating to robbery of motor vehicle).

2

18 Pa.C.S. § 7508 (a)(1)(iii), (2)(iii), (3)(iii) or (4)

3

(iii) (relating to drug trafficking sentencing and

4

penalties).

5

* * *

6

"Group home."  A residential program that is contracted out

7

by the Department of Corrections to a private service provider

8

for inmates [with prerelease status or] who are on parole.

9

* * *

10

Section 11.  Section 4104(a)(1) and (d) of Title 61 are

11

amended, subsection (a) is amended by adding a paragraph and the

12

section is amended by adding subsections to read:

13

§ 4104.  Referral to State intermediate punishment program.

14

(a)  Referral for evaluation.--

15

(1)  Prior to imposing a sentence, the court may[, upon

<--

16

motion of the Commonwealth [and agreement of the defendant],] 

<--

17

commit a defendant to the custody of the department for the

18

purpose of evaluating whether the defendant would benefit

19

from a drug offender treatment program and whether placement

20

in the drug offender treatment program is appropriate.

21

(1.1)  (i)  The prosecuting attorney, in the prosecuting

22

attorney's sole discretion, may advise the court that the

23

Commonwealth has elected to waive the eligibility

24

requirements of this chapter, if the victim has been

25

given notice of the prosecuting attorney's intent to

26

waive the eligibility requirements and an opportunity to

27

be heard on the issue.

28

(ii)  The court, after considering victim input, may

29

refuse to accept the prosecuting attorney's waiver of the

30

eligibility requirements.

- 32 -

 


1

* * *

2

(d)  Prerequisites for commitment.--Upon receipt of a

<--

3

recommendation for placement in a drug offender treatment

4

program from the department and agreement of the attorney for

5

the Commonwealth [and the defendant], the court may sentence an

6

eligible offender to a period of 24 months of State intermediate

7

punishment if the court finds that:

8

(1)  The eligible offender is likely to benefit from

9

State intermediate punishment.

10

(2)  Public safety would be enhanced by the eligible

11

offender's participation in State intermediate punishment.

12

(3)  Sentencing the eligible offender to State

13

intermediate punishment would not depreciate the seriousness

14

of the offense.

15

* * *

16

(i)  Victims.--Victims of personal injury crimes shall be

17

given the opportunity to receive notice of and to provide prior

18

comment on any recommendation by the department under subsection

19

(b) or (d) that the offender participate in the State

20

Intermediate Punishment Program.

21

(j)  Definitions.--As used in this section, the term

22

"personal injury crime" shall be defined as in section 103 of

23

the act of November 24, 1998 (P.L.882, No.111), known as the

24

Crime Victims Act.

25

Section 12.  The definition of "eligible offender" in section

26

4503 of Title 61, amended December 20, 2011 (P.L.446, No.111), 

<--

27

is amended to read:

28

§ 4503.  Definitions.

29

The following words and phrases when used in this chapter

30

shall have the meanings given to them in this section unless the

- 33 -

 


1

context clearly indicates otherwise:

2

* * *

3

"Eligible offender."  A defendant or inmate convicted of a

4

criminal offense who will be committed to the custody of the

5

department and who meets all of the following eligibility

6

requirements:

7

(1)  Does not demonstrate a history of present or past

8

violent behavior.

9

(2)  Has not been subject to a sentence the calculation

10

of which includes an enhancement for the use of a deadly

11

weapon as defined under law or the sentencing guidelines

12

promulgated by the Pennsylvania Commission on Sentencing or

13

the attorney for the Commonwealth has not demonstrated that

14

the defendant has been found guilty of or was convicted of an

15

offense involving a deadly weapon or offense under 18 Pa.C.S.

16

Ch. 61 (relating to firearms and other dangerous articles) or

17

the equivalent offense under the laws of the United States or

18

one of its territories or possessions, another state, the

19

District of Columbia, the Commonwealth of Puerto Rico or a

20

foreign nation.

21

(3)  Has not been found guilty of or previously convicted

22

of or adjudicated delinquent for or an attempt or conspiracy

23

to commit a personal injury crime as defined under section

24

103 of the act of November 24, 1998 (P.L.882, No.111), known

25

as the Crime Victims Act, except for an offense under 18

26

Pa.C.S. § 2701 (relating to simple assault) when the offense

27

is a misdemeanor of the third degree, or an equivalent

28

offense under the laws of the United States or one of its

29

territories or possessions, another state, the District of

30

Columbia, the Commonwealth of Puerto Rico or a foreign

- 34 -

 


1

nation.

2

(4)  Has not been found guilty or previously convicted or

3

adjudicated delinquent for violating any of the following

4

provisions or an equivalent offense under the laws of the

5

United States or one of its territories or possessions,

6

another state, the District of Columbia, the Commonwealth of

7

Puerto Rico or a foreign nation:

8

[18 Pa.C.S. § [4302] 4302(a) (relating to incest).]

<--

9

18 Pa.C.S. § 5901 (relating to open lewdness).

10

[18 Pa.C.S. § 6312 (relating to sexual abuse of

<--

11

children).

12

18 Pa.C.S. § 6318 (relating to unlawful contact with

13

minor).

14

18 Pa.C.S. § 6320 (relating to sexual exploitation of

15

children).]

<--

16

18 Pa.C.S. Ch. 76 Subch. C (relating to Internet

17

child pornography).

18

Received a criminal sentence pursuant to 42 Pa.C.S. §

19

9712.1 (relating to sentences for certain drug offenses

20

committed with firearms).

21

Any offense listed under 42 Pa.C.S. § 9795.1

<--

22

(relating to registration).

23

Any [sexually violent offense as defined in] offense

<--

24

for which registration is required under 42 Pa.C.S. Ch.

25

97 Subch. H (relating to registration of sexual

26

offenders).

27

(5)  Is not awaiting trial or sentencing for additional

28

criminal charges, if a conviction or sentence on the

29

additional charges would cause the defendant to become

30

ineligible under this definition.

- 35 -

 


1

(6)  Has not been found guilty or previously convicted of

2

violating section 13(a)(14), (30) or (37) of the act of April

3

14, 1972 (P.L.233, No.64), known as The Controlled Substance,

4

Drug, Device and Cosmetic Act, where the sentence was imposed

5

pursuant to 18 Pa.C.S. § 7508(a)(1)(iii), (2)(iii), (3)(iii),

6

(4)(iii), (7)(iii) or (8)(iii) (relating to drug trafficking

7

sentencing and penalties).

8

* * *

9

Section 12.1.  Section 4701 of Title 61 is amended to read:

<--

10

§ 4701.  Definitions.

11

The following words and phrases when used in this chapter

12

shall have the meanings given to them in this section unless the

13

context clearly indicates otherwise:

14

"Community corrections facility."  A residential facility

15

operated by a private [vendor] contractor that:

16

(1)  houses [inmates with prerelease status or

17

individuals who are on parole] offenders pursuant to a

18

contract [entered into between] with the Department of

19

Corrections [and the private vendor]; and

20

(2)  is operated in accordance with Chapter 50 (relating

21

to community corrections centers and community corrections

22

facilities).

23

Section 13.  Title 61 is amended by adding a chapter chapters 

<--

24

to read:

25

CHAPTER 49

26

SAFE COMMUNITY REENTRY

27

Sec.

28

4901.  Scope of chapter.

29

4902.  Definitions.

30

4903.  Safe Community Reentry Program.

- 36 -

 


1

4904.  Contract for services.

2

4905.  Rules and regulations.

3

4906.  Study and report.

<--

4

§ 4901.  Scope of chapter.

5

This chapter relates to the Safe Community Reentry Program.

6

§ 4902.  Definitions.

7

The following words and phrases when used in this chapter

8

shall have the meanings given to them in this section unless the

9

context clearly indicates otherwise:

10

"Community-based programs."  Programs which are administered

11

and operated outside of a correctional institution.

12

"Community organization."  A community, faith-based or other

13

private charitable organization which is organized as a

14

nonprofit corporation or nonprofit unincorporated association

15

under the laws of the United States or this Commonwealth which

16

is authorized to do business in this Commonwealth as a nonprofit

17

corporation or unincorporated association under the laws of this

18

Commonwealth.

19

"Institutional-based programs."  Programs which are

20

administered and operated within a correctional institution.

21

"Offender."  An inmate in a correctional institution or a

22

person released from incarceration. The term shall not include

<--

23

an inmate serving a sentence of life imprisonment or death.

24

"Program."  The Safe Community Reentry Program established in

25

this chapter.

26

§ 4903.  Safe Community Reentry Program.

27

(a)  Program established.--The department, in cooperation and

<--

28

coordination with the board, shall establish a comprehensive

29

program to reduce recidivism and ensure the successful reentry

30

of offenders into the community. The program shall provide

- 37 -

 


1

offenders with access to a full continuum of services during

2

incarceration and upon release during their transition and

3

reintegration into the community.

4

(a)  Program established.--The department and the board shall

<--

5

jointly establish a Safe Community Reentry Program to reduce

6

recidivism and ensure the successful reentry of offenders into

7

the community.

8

(b)  Assessment and plan.--

9

(1)  The department shall assess each offender entering

10

into the State correctional system to determine which

11

treatment services, programs and skills the offender needs to

12

develop to be successful in the community following the

13

offender's release.

14

(2)  The department or the board shall assist each

<--

15

offender in developing a reentry plan for the offender. The

16

reentry plan shall include the offender's educational,

17

employment, housing and treatment needs as appropriate and

18

necessary to encourage the successful transition and

19

reintegration of the offender into the community.

20

(3)  The department or the board shall endeavor to

<--

21

coordinate the specifics of the offender's reentry plan with

22

the educational, vocational training and treatment services

23

that will be provided to the offender during the offender's

24

incarceration.

25

(c)  Transition and reintegration programs.--The department

26

shall may identify a comprehensive network of transition and

<--

27

reintegration programs to address the needs of offenders

28

released from incarceration.

29

(d)  Community organizations.--

30

(1)  The department and the board shall may use community

<--

- 38 -

 


1

organizations and other nonprofit and for-profit entities to 

<--

2

assist the department and the board in meeting the needs of

3

offenders reentering the community.

4

(2)  The department and the board shall may develop and

<--

5

maintain a list of community organizations and other

<--

6

nonprofit and for-profit entities available to provide

<--

7

services.

8

(3)  Community organizations may provide services provide

<--

9

services. Community organizations and other nonprofit and

10

for-profit entities may provide services, including

11

education, vocational training, follow-up treatment services,

<--

12

support with finding housing and employment and may help with

13

family issues and other elements of life after incarceration.

14

(4) (3)  The department and the board may refer offenders

<--

15

to community organizations and other nonprofit and for-profit

<--

16

entities on the list.

17

(e)  Sharing of information.--

<--

18

(1)  The department and the board may share information

19

(e)  Sharing of information.--The department and the board

<--

20

may share information about offenders with the entities the

21

department and the board contract with under section 4704

22

(relating to contract for services) and other agencies and

23

providers of services as necessary to adequately assess and

24

address the needs of each offender.

25

(2)  This subsection shall not apply to the disclosure of

<--

26

an offender's personal health information unless the offender

27

consents to the disclosure.

28

(3)  This subsection shall not be construed to permit

29

disclosure of personal health information if the disclosure

30

violates the Health Insurance Portability and Accountability

- 39 -

 


1

Act of 1996 (Public Law 104-191, 110 Stat. 1936) or other

2

Federal or State law. The following shall apply:

<--

3

(1)  No person having access to any report, record or

4

other information prepared or assembled under this chapter

5

shall disclose the report, record or information without the

6

permission of the department or the board.

7

(2)  Nothing under this subsection shall be construed to

8

permit the department or the board to disclose information

9

where disclosure is prohibited under Federal or State law or

10

regulations.

11

§ 4904.  Contract for services.

12

(a)  Duty of department and board.--As part of the program,

<--

13

the department and the board may contract with private vendors,

14

including community organizations, units of local government and

15

other entities to provide for reintegration and transitional

16

programs and services, which may include institutional-based and

17

community-based programs. The programs and services provided

18

under these contracts may include:

19

(a)  Authority.--The department and the board may contract

<--

20

with community organizations and other nonprofit or for-profit

21

entities to provide programs and services under this chapter.

22

The programs and services provided under these contracts may

23

include:

24

(1)  Assisting in the development of each offender's

25

reentry plan.

26

(2)  Coordinating the supervision and services provided

27

to offenders in correctional institutions with any

28

supervision and services provided to offenders who have been

29

released from incarceration.

30

(3)  Providing offenders awaiting release with documents

- 40 -

 


1

that are necessary after release, including identification

2

papers, referrals to services, medical prescriptions, job

3

training certificates, apprenticeship papers, information on

4

obtaining public assistance and other documents useful in

5

achieving a successful transition from a correctional

6

institution to the community.

7

(4)  Involving county agencies whose programs and

8

initiatives strengthen inmate reentry services for offenders

9

who have been returned to the county of their jurisdiction.

10

(5)  Providing structured programs, post-release housing

11

and transitional housing, including group homes for

12

recovering substance abusers, through which offenders are

13

provided supervision and services immediately following

14

reentry into the community.

15

(6)  Assisting offenders in securing permanent housing

16

upon release or following a stay in post-release or

17

transitional housing.

18

(7)  Continuing to link offenders with health resources

19

for health services that were provided to them when they were

20

under the jurisdiction of the department, including mental

21

health, substance abuse treatment, aftercare and treatment

22

services for contagious diseases.

23

(8)  Providing education, job training, English as a

24

second language programs, work experience programs, self-

25

respect and life skills training and other skills needed to

26

achieve self-sufficiency for a successful transition from

27

incarceration.

28

(9)  Facilitating collaboration among corrections

29

administrators, technical schools, community colleges and the

30

work force development and employment service sectors so that

- 41 -

 


1

there are efforts to:

2

(i)  Promote, where appropriate, the employment of

3

offenders released from correctional institutions and

4

facilitate the creation of job opportunities, including

5

transitional jobs, for such offenders that will also

6

benefit communities.

7

(ii)  Connect offenders to employment, including

8

supportive employment and employment services, before

9

their release from correctional institutions.

10

(iii)  Address barriers to employment, including

11

obtaining a driver's license.

12

(10)  Assessing the literacy and educational needs of

13

offenders and providing appropriate services to meet those

14

needs, including follow-up assessments and long-term

15

services.

16

(11)  Addressing systems under which family members of

17

offenders are involved with facilitating the successful

18

reentry of those offenders into the community, including

19

removing obstacles to the maintenance of family relationships

20

while the offender is in custody, strengthening the family's

21

capacity to establish and maintain a stable living situation

22

during the reentry process where appropriate and involving

23

family members in the planning and implementation of the

24

reentry process.

25

(12)  Facilitating visitation and maintenance of family

26

relationships with respect to offenders by addressing

27

obstacles such as travel, telephone costs, mail restrictions

28

and restrictive visitation policies.

29

(13)  Addressing barriers to the visitation of children

30

with an incarcerated parent and maintenance of the parent-

- 42 -

 


1

child relationship, including, but not limited to, the

2

location of facilities in remote areas, telephone costs, mail

3

restrictions and visitation policies.

4

(14)  Creating mentoring programs designed to assist

5

offenders in changing the offenders' pattern of behavior so

6

that the offenders will not revictimize their victims or have

7

new victims. Mentoring may occur inside the correctional

8

institution and in the community once the offender is

9

released. The mentor shall:

10

(i)  Act as a role model for the offender.

11

(ii)  Foster a caring and supportive relationship by

12

creating an independence from and not a dependence upon

13

the mentor or the system as a whole.

14

(iii)  Encourage positive self-concept.

15

(iv)  Teach and aid in goal setting.

16

(v)  Support other positive relationships within the

17

community.

18

(vi)  Assist in linking the offender to community-

19

based services.

20

(vii)  Promote appropriate, positive family

21

relationships.

22

(viii)  Help develop personal accountability and

23

personal responsibility.

24

(15)  Facilitating and encouraging timely and complete

25

payment of restitution and fines by offenders to victims and

26

the community.

27

(b)  Accountability.--To ensure accountability, any contract

28

entered under this section shall contain specific performance

29

measures that the department and the board shall use to evaluate

30

compliance with the terms of the contract.

- 43 -

 


1

§ 4905.  Rules and regulations.

2

The department and board may promulgate rules and regulations

3

as deemed necessary to implement this chapter.

4

§ 4906.  Study and report.

<--

5

(a)  Study.--The department shall conduct and coordinate

6

research to determine whether the program established under

7

section 4903 (relating to Safe Community Reentry Program)

8

reduces recidivism rates.

9

(b)  Report.--Not later than February 1 of each even-numbered

10

year, the department shall present a report of the research

11

conducted or coordinated under subsection (a) to the Judiciary

12

Committee of the Senate and the Judiciary Committee of the House

13

of Representatives. The report shall evaluate the program and,

14

if appropriate, make recommendations for legislation.

15

Section 14.  This act shall take effect as follows:

16

(1)  The addition of 61 Pa.C.S. § 3705 shall take effect

17

in one year.

18

(2)  This section shall take effect immediately.

19

(3)  The remainder of this act shall take effect in 60

20

days.

21

CHAPTER 50

<--

22

COMMUNITY CORRECTIONS CENTERS AND COMMUNITY

23

CORRECTIONS FACILITIES

24

Sec.

25

5001.  Definitions.

26

5002.  Department.

27

5003.  Offenders who may be housed.

28

5004.  Authority of Commonwealth employees.

29

5005.  Authority of chairman.

30

5006.  Escape.

- 44 -

 


1

§ 5001.  Definitions.

2

The following words and phrases when used in this chapter

3

shall have the meanings given to them in this section unless the

4

context clearly indicates otherwise:

5

"Board."  The Pennsylvania Board of Probation and Parole.

6

"Chairman."  The chairman of the board.

7

"Community corrections center."  A residential program that

8

is supervised and operated by the department in accordance with

9

this chapter.

10

"Community corrections facility."  A residential facility

11

operated by a private contractor that:

12

(1)  houses offenders pursuant to a contract with the

13

department; and

14

(2)  is operated in accordance with this chapter.

15

§ 5002.  Department.

16

The department may do all of the following:

17

(1)  Establish community corrections centers at locations

18

throughout this Commonwealth approved by the Governor.

19

(2)  Enter into contracts with private vendors to operate

20

community corrections facilities.

21

§ 5003.  Offenders who may be housed.

22

The following offenders may be housed in community

23

corrections centers and community corrections facilities:

24

(1)  A parolee under the jurisdiction of the board who is

25

in good standing with the board.

26

(2)  A parolee in accordance with the following:

27

(i)  Except as provided in subparagraph (ii), a

28

parolee under the jurisdiction of the board who is

29

detained or awaiting a hearing or who has been

30

recommitted for a technical violation of the conditions

- 45 -

 


1

of parole established by the board if the parolee is

2

eligible to be housed in a community corrections center

3

or community corrections facility under section 6138

4

(relating to violation of terms of parole).

5

(ii)  Subparagraph (i) shall not apply to a parolee

6

under the jurisdiction of the board who is detained or

7

awaiting a hearing or who has been recommitted for a

8

technical violation of the conditions of parole

9

established by the board as a result of the commission of

10

a new crime of which the parolee is convicted or found

11

guilty by a judge or jury or to which the parolee pleads

12

guilty or nolo contendere in a court of record.

13

(3)  An offender who is serving the community-based

14

portion of a sentence of State intermediate punishment.

15

(4)  An offender who has been granted clemency by the

16

Governor.

17

(5)  Inmates transferred by the department under Chapter

18

37 (relating to inmate prerelease plans). This paragraph

19

shall expire July 1, 2013.

20

§ 5004.  Authority of Commonwealth employees.

21

Commonwealth employees of community corrections centers and

22

Commonwealth employees, while present in community corrections

23

facilities, have the authority to do all of the following:

24

(1)  In order to maintain security and to enforce the

25

rules of the community corrections center or community

26

corrections facility:

27

(i)  search the person and property of an offender

28

residing in the community corrections center or community

29

correction facility;

30

(ii)  seize property from an offender residing in the

- 46 -

 


1

community corrections center or community corrections

2

facility; and

3

(iii)  if necessary, use reasonable force against an

4

offender residing in the community corrections center or

5

community corrections facility.

6

(2)  Detain, by using reasonable force if necessary, an

7

offender residing in the community corrections center or

8

community corrections facility in order to maintain control

9

of the offender pending the arrival of a parole agent, police

10

officer or other appropriate law enforcement officer.

11

§ 5005.  Authority of chairman.

12

The chairman has the following authority:

13

(1)  Designate community corrections centers or community

14

corrections facilities where parolees are to be housed.

15

(2)  Determine whether parolees are to be housed in a

16

secured or unsecured portion of a community corrections

17

center or community corrections facility.

18

(3)  Determine, jointly with the Secretary of the

19

Department of Corrections, using evidence-based practices

20

designed to reduce the likelihood of recidivism and improve

21

public safety, the appropriate treatment and programming for

22

parolees who are housed at community corrections centers and

23

community corrections facilities.

24

(4)  Audit, jointly with the secretary, the performance

25

of treatment and services provided by community corrections

26

centers and community corrections facilities.

27

§ 5006.  Escape.

28

An individual committed to a community corrections center or

29

a community corrections facility shall be deemed to be in

30

official detention under 18 Pa.C.S. § 5121 (relating to escape).

- 47 -

 


1

Section 14.  Sections 6124(c), 6132(a)(2)(ii) and (b),

2

6134.1(c)(1) and (2) and 6137(a)(4) of Title 61 are amended to

3

read:

4

§ 6124.  Certain offenders residing in group-based homes.

5

* * *

6

(c)  Definition.--The following words and phrases when used

7

in this section shall have the meanings given to them in this

8

subsection unless the context clearly indicates otherwise:

9

"Group-based home."  Any nonprofit or for-profit entity that

10

maintains a facility that provides housing to [inmates with

11

prerelease status,] individuals on probation or parole or other

12

individuals previously convicted of crimes. The term shall not

13

include a correctional institution or a facility maintained by a

14

domestic violence program.

15

"Official Internet website."  The official Internet location

16

designated by a municipality or county as its primary method of

17

electronically communicating with the public about its official

18

business.

19

§ 6132.  Specific powers of board involving parolees.

20

(a)  General rule.--The board shall have exclusive power:

21

* * *

22

(2)  * * *

23

(ii)  Except for such special cases, the powers and

24

duties conferred by this section shall not extend to

25

persons sentenced for a maximum period of less than two

26

years and shall not extend to those persons committed to

27

county confinement within the jurisdiction of the court

28

pursuant to 42 Pa.C.S. § [9762(b)(2)] 9762 (relating to

29

sentencing proceeding; place of confinement).

30

(b)  Construction.--Nothing contained in this section shall

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1

be construed to prevent a court from paroling any person

2

sentenced by it for a maximum period of less than two years or

3

from paroling a person committed to county confinement within

4

the jurisdiction of the court pursuant to 42 Pa.C.S. § [9762(b)

5

(2)] 9762.

6

* * *

7

§ 6134.1.  General criteria for parole by court.

8

* * *

9

(c)  Procedure.--

10

(1)  Prior to making a decision to parole a person

11

committed to county confinement within the jurisdiction of

12

the court pursuant to 42 Pa.C.S. § [9762(b)(2)] 9762 

13

(relating to sentencing [procedure] proceeding; place of

14

confinement) from a sentence of imprisonment imposed

15

following conviction for a personal injury crime, each victim

16

who has registered to receive victim services in connection

17

with the personal injury crime shall be given an opportunity

18

by the court to submit a preparole statement to the court

19

expressing concerns or recommendations regarding the parole

20

or parole supervision of the person.

21

(2)  The district attorney shall, immediately following

22

sentence in cases where a sentence of confinement has been

23

imposed and the sentenced person remains within the

24

jurisdiction of the court pursuant to 42 Pa.C.S. § [9762(b)

25

(2)] 9762, notify all registered victims that they shall have

26

the opportunity to submit a preparole statement to the court.

27

* * *

28

§ 6137.  Parole power.

29

(a)  General criteria for parole.--

30

* * *

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1

(4)  Unless the inmate has served at least one year in a

2

[prerelease center] community corrections center or community

3

corrections facility, the board shall not act upon an

4

application of an inmate who is granted clemency by the

5

Governor, is subject to parole supervision and:

6

(i)  whose term of imprisonment was commuted from

7

life to life on parole;

8

(ii)  who was serving a term of imprisonment for a

9

crime of violence; or

10

(iii)  who is serving a sentence under 42 Pa.C.S. §

11

9712 (relating to sentences for offenses committed with

12

firearms).

13

* * *

14

Section 15.  Section 6138(a)(2), (c)(1), (2), (4), (5)(v) and

15

(6) and (d) introductory paragraph and (2) of Title 61 are

16

amended, subsections (a), (c) and (d) are amended by adding

17

paragraphs and the section is amended by adding subsections to

18

read:

19

§ 6138.  Violation of terms of parole.

20

(a)  Convicted violators.--

21

* * *

22

(2)  If the parolee's recommitment is so ordered, the

23

parolee shall be reentered to serve the remainder of the term

24

which the parolee would have been compelled to serve had the

25

parole not been granted and, except as provided under

26

paragraph (2.1), shall be given no credit for the time at

27

liberty on parole.

28

(2.1)  The board may, in its discretion, award credit to

29

a parolee recommitted under paragraph (2) for the time spent

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1

at liberty on parole, unless any of the following apply:

2

(i)  The crime committed during the period of parole

3

or while delinquent on parole is a crime of violence as

4

defined in 42 Pa.C.S. § 9714(g) (relating to sentences

5

for second and subsequent offenses) or a crime requiring

6

registration under 42 Pa.C.S. Ch. 97 Subch. H (relating

7

to registration of sexual offenders).

8

(ii)  The parolee was recommitted under section 6143

9

(relating to early parole of inmates subject to Federal

10

removal order).

11

* * *

12

(c)  Technical violators.--

13

(1)  A parolee under the jurisdiction of the board who

14

[is released from a correctional facility and who, during the

15

period of parole,] violates the terms and conditions of his

16

parole, other than by the commission of a new crime of which

17

the parolee is convicted or found guilty by a judge or jury

18

or to which the parolee pleads guilty or nolo contendere in a

19

court of record, may be detained pending a hearing before the

20

board or waiver of the hearing or recommitted after a hearing

21

before the board[.] or a waiver of the hearing. Detention and

22

recommitment under this paragraph shall be in a community

23

corrections center or community corrections facility, unless

24

the board determines that one of the following conditions is

25

present:

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1

(i)  The violation was sexual in nature.

2

(ii)  The violation involved assaultive behavior.

3

(iii)  The violation involved possession or control

4

of a weapon.

5

(iv)  The parolee has absconded, and the parolee

6

cannot be safely diverted to a community corrections

7

center or community corrections facility.

8

(v)  There exists an identifiable threat to public

9

safety, and the parolee cannot be safely diverted to a

10

community corrections center or community corrections

11

facility.

12

(1.1)  If the board determines that a condition under

13

paragraph (1) applies, the parolee shall be detained in or

14

recommitted to a State correctional institution or contracted

15

county jail.

16

(2)  If the parolee is [so] recommitted under this

17

subsection, the parolee shall be given credit for the time

18

served on parole in good standing but with no credit for

19

delinquent time and may be reentered to serve the remainder

20

of the original sentence or sentences.

21

* * *

22

(4)  [The] Subject to subsection (e), the parolee shall

23

be subject to reparole by the board whenever in its opinion

24

the best interests of the inmate justify or require the

25

parolee being reparoled and it does not appear that the

26

interests of the Commonwealth will be injured reparoling the

27

parolee.

28

(5)  Parole violators shall be supervised in accordance

29

with evidence-based practices that may include:

30

* * *

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1

(v)  Recommitment to:

2

(A)  a State correctional [facility] institution;

3

(B)  a contracted county jail;

4

(C)  a community corrections center; or

5

(D)  a community corrections facility.

6

[(6)  The board shall divert technical parole violators

7

from confinement in a State correctional institution unless

8

the parolee's diversion poses an undue risk to public

9

safety.]

10

(7)  A parolee detained or recommitted to a community

11

corrections center or community corrections facility under

12

paragraph (1) shall be segregated from other offenders

13

located at the facility.

14

(d)  Recommitment to correctional facility.--A technical

15

violator [under subsection (c) shall be recommitted to a

16

correctional facility, unless placed at a parole violator

17

center,] recommitted to a State correctional institution or a

18

contracted county jail under subsection (c) shall be recommitted 

19

as follows:

20

* * *

21

(2)  If paroled from a State correctional institution, to 

22

any [male person upon recommitment shall be sent to the

23

nearest State correctional institution for service of the

24

remainder of the original term at the institution as shall be

25

designated by the department. Any female person shall be

26

recommitted to the State Correctional Institution at Muncy or

27

other] State correctional institution [as] or contracted

28

county jail designated by the department.

29

(3)  Except as set forth in paragraph (4) or (5), the

30

parolee shall be recommitted for one of the following

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1

periods, at which time the parolee shall automatically be

2

reparoled without further action by the board:

3

(i)  For the first recommitment under this

4

subsection, a maximum period of six months.

5

(ii)  For the second recommitment under this

6

subsection for the same sentence, a maximum of nine

7

months.

8

(iii)  For the third or subsequent recommitment under

9

this subsection for the same sentence, a maximum of one

10

year.

11

(4)  The parolee may be reparoled by the board prior to

12

expiration of the time period under paragraph (3) if the

13

board determines that it is in the best interest of the

14

Commonwealth and the parolee.

15

(5)  The time limit under paragraph (3) shall not be

16

applicable to a parolee who:

17

(i)  committed a disciplinary infraction involving

18

assaultive behavior, sexual assault, a weapon or

19

controlled substances;

20

(ii)  spent more than 90 days in segregated housing

21

due to one or more disciplinary infractions; or

22

(iii)  refused programming or a work assignment.

23

(e)  Recommitment to community corrections center or

24

community corrections facility.--

25

(1)  A technical violator recommitted to a community

26

corrections center or community corrections facility under

27

subsection (c) shall be recommitted for a maximum period of

28

six months, after which the parolee shall automatically be

29

reparoled without further action by the board.

30

(2)  A parolee under paragraph (1) may be reparoled by

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1

the board prior to expiration of the six-month period if the

2

board determines that it is in the best interest of the

3

Commonwealth and the parolee.

4

(3)  This subsection shall not apply to a parolee who is

5

not in good standing with the board.

6

(f)  Definitions.--As used in this section, the following

7

words and phrases shall have the meanings given to them in this

8

subsection unless the context clearly indicates otherwise:

9

"Community corrections center."  A residential program that

10

is supervised and operated by the department in accordance with

11

Chapter 50 (relating to community corrections centers and

12

community corrections facilities).

13

"Community corrections facility."  A residential facility

14

operated by a private contractor that:

15

(1)  houses offenders pursuant to a contract with the

16

department; and

17

(2)  is operated in accordance with Chapter 50.

18

"Contracted county jail."  A county correctional facility

19

which has contracted with the department to provide correctional

20

or other services.

21

"State correctional institution."  Any of the following owned

22

and operated by the Commonwealth:

23

(1)  A correctional facility.

24

(2)  A prison.

25

(3)  A jail.

26

Section 16.  Title 61 is amended by adding a section to read:

27

§ 6143.  Early parole of inmates subject to Federal removal

28

order.

29

(a)  Eligibility.--Notwithstanding any other provision of

30

law, the board may parole an inmate into the custody of the

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1

United States Immigration and Customs Enforcement for

2

deportation prior to the expiration of the inmate's minimum term

3

of imprisonment if all of the following requirements are

4

satisfied:

5

(1)  The board has received a final order of removal for

6

the inmate from the United States Immigration and Customs

7

Enforcement.

8

(2)    The inmate is at least 18 years of age and is not a

9

native or citizen of the United States.

10

(3)  The offender has never been convicted or adjudicated

11

delinquent of a crime of violence or a crime requiring

12

registration under 42 Pa.C.S. Ch. 97 Subch. H (relating to

13

registration of sexual offenders).

14

(4)  The board certifies that removal of the inmate is

15

appropriate and in the best interests of the Commonwealth.

16

(5)    The inmate has been advised of all of the following:

17

(i)  Unlawful reentry into the United States will

18

result in the inmate's return to the department to serve

19

the remainder of the inmate's maximum term of

20

imprisonment without the possibility of parole.

21

(ii)  If the inmate reenters the United States and

22

commits a criminal offense, upon conviction the inmate

23

shall be subject to 42 Pa.C.S. § 9720.3 (relating to

24

sentencing for certain paroled offenders).

25

(iii)  Reentry into the United States may subject the

26

inmate to prosecution by the United States under 8 U.S.C.

27

§ 1326 (relating to reentry of removed aliens).

28

(b)  Parole discretionary.--The decision to parole an inmate

29

under subsection (a) shall be within the sole discretion of the

30

board. Nothing under this section shall be construed to confer a

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1

legal right upon the inmate to parole under subsection (a).

2

(c)  Return of inmate by United States.--If the United States

3

Immigration and Customs Enforcement is unable to or does not

4

deport the inmate, the inmate shall be returned to the custody

5

of the department and the board shall rescind the inmate's

6

parole.

7

(d)  Unlawful reentry.--An inmate paroled under this section

8

who returns unlawfully to the United States shall be given a

9

hearing before the board and recommitted as a parole violator

10

upon a determination by the board that the inmate did unlawfully

11

return to the United States. Upon recommitment, the inmate shall

12

be required to serve the remainder of the inmate's maximum term

13

of imprisonment without the possibility of parole. The inmate

14

shall not be entitled to credit for any time on parole under

15

this section.

16

(e)  Definition.--As used in this section, the term "crime of

17

violence" shall be defined as provided in 42 Pa.C.S. § 9714(g)

18

(relating to sentences for second and subsequent offenses).

19

Section 17.  Repeals are as follows:

20

(1)  The General Assembly declares that the repeal under

21

paragraph (2) is necessary to effectuate the repeal of 61

22

Pa.C.S. §§ 3701, 3702, 3703 and 3704.

23

(2)  The following acts or parts of acts are repealed:

24

(i)  Section 909(f) and (g) of the act of April 9,

25

1929 (P.L.177, No.175), known as The Administrative Code

26

of 1929.

27

(ii)  Section 441.1(b) and the definition of

28

"correctional institution" in section 1401-A of the act

29

of June 13, 1967 (P.L.31, No.21), known as the Public

30

Welfare Code.

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1

Section 18.  The regulations at 37 Pa. Code Ch. 94 are

2

abrogated insofar as they are inconsistent with the repeal of 61

3

Pa.C.S. §§ 3701, 3702, 3703 and 3704.

4

Section 19.  This act shall take effect as follows:

5

(1)  The following provisions shall take effect

6

immediately:

7

(i)  (Reserved).

8

(ii)  The amendment of 61 Pa.C.S. § 6132(a)(2)(ii)

9

and (b).

10

(iii)  The amendment of 61 Pa.C.S. § 6134.1(c)(1) and

11

(2).

12

(iv)  (Reserved).

13

(v)  This section.

14

(1.1)  The addition of 42 Pa.C.S. § 9762(i) and (j) shall

<--

15

take effect in 30 days.

16

(2)  The following provisions shall take effect in 180

17

days:

18

(i)  The addition of 61 Pa.C.S. Ch. 50.

19

(ii)  The amendment or addition of 61 Pa.C.S. §

20

6138(c)(1), (1.1), (2), (4), (5)(v), (6) and (7), (d)

21

introductory paragraph, (2), (3), (4) and (5), (e) and

22

(f).

23

(3)  The following provisions shall take effect July 1,

24

2013:

25

(i)  The amendment of 18 Pa.C.S. § 7508(c).

26

(ii)  The amendment of 42 Pa.C.S. §§:

27

(A)  9727(d);

28

(B)  9755(g); and

29

(C)  9756(d).

30

(iii)  The amendment of the definition of

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1

"correctional facility" in 61 Pa.C.S. § 1172.

2

(iv)  The repeal of 61 Pa.C.S. §§:

3

(A)  3701;

4

(B)  3702;

5

(C)  3703; and

6

(D)  3704.

7

(v)  The amendment of the definitions of "community

8

corrections center," "defendant," "eligible offender" and

9

"group home" in 61 Pa.C.S. § 4103.

10

(vi)  (Reserved).

11

(vii)  The amendment of 61 Pa.C.S. § 4701.

12

(viii)  The amendment of 61 Pa.C.S. § 6124(c).

13

(ix)  The amendment of 61 Pa.C.S. § 6137(a)(4).

14

(x)  Section 17 of this act.

15

(xi)  Section 18 of this act.

16

(4)  The remainder of this act shall take effect in 60

17

days.

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