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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY GREENLEAF, WOZNIAK, TARTAGLIONE, ERICKSON, BROWNE AND WASHINGTON, MARCH 15, 2010 |
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| REFERRED TO JUDICIARY, MARCH 15, 2010 |
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| AN ACT |
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1 | Amending Title 61 (Penal and Correctional Institutions) of the |
2 | Pennsylvania Consolidated Statutes, in Pennsylvania Board of |
3 | Probation and Parole, further providing for violation of |
4 | terms of parole. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. Section 6138 of Title 61 of the Pennsylvania |
8 | Consolidated Statutes is amended by adding subsections to read: |
9 | § 6138. Violation of terms of parole. |
10 | * * * |
11 | (e) Alternative sanctions for technical violators.-- |
12 | (1) As an alternative to recommitting a technical |
13 | violator under subsections (c) and (d) and to encourage |
14 | successful completion of parole, the board shall establish a |
15 | tiered sanctioning process that may be imposed on a parolee |
16 | who violates the terms and conditions of his parole. |
17 | Responses to parole violations shall use available resources |
18 | to correct and redirect parolee behavior in order to reduce |
19 | the risk to public safety and to enhance the likelihood of |
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1 | the parolee's successful reintegration into the community. |
2 | Sanctions shall be employed that are timely, progressive and |
3 | proportional to the parolee's behavior until the parole |
4 | supervision staff can no longer safely manage the parolee in |
5 | the community. |
6 | (2) The board shall develop a violation sanctioning grid |
7 | to assist parole supervision staff in responding to parole |
8 | violations. Every violation of parole shall be met with a |
9 | swift and certain response. Parole violations shall be |
10 | assessed with respect to the: |
11 | (i) Severity of the violation. |
12 | (ii) Risk level of the parolee. |
13 | (iii) Needs of the parolee. |
14 | (iv) Imminent risk of violence or harm. |
15 | (3) In developing a violation sanctioning grid, the |
16 | board shall provide for a low violation range, medium |
17 | violation range and high violation range. In addition, the |
18 | board shall provide for a corresponding low sanction range, |
19 | medium sanction range and high sanction range. |
20 | (4) A written warning of parole violation shall be |
21 | provided by parole supervision staff to notify a parolee when |
22 | the parolee is in violation of any condition of parole and to |
23 | warn the parolee that a further violation may lead to |
24 | additional sanctions or recommitment. The parolee and parole |
25 | supervision staff shall sign a form acknowledging that the |
26 | warning was provided. When a parolee's negative behavior |
27 | warrants more than the issuance of a warning, a conference |
28 | may be held with the parolee. |
29 | (5) If the parolee fails to agree to the alternative |
30 | sanction, the board may recommit the parolee to a |
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1 | correctional institution. |
2 | (6) If the parolee violates one or more alternative |
3 | sanctions, the board may recommit the parolee to a |
4 | correctional institution. |
5 | (7) The tiered sanctioning process shall also define |
6 | positive reinforcements that parolees may receive for |
7 | compliance with conditions of supervision. Positive |
8 | reinforcements may include, but need not be limited to, |
9 | awarding certificates of achievement, reducing reporting |
10 | requirements, removing supervision conditions or asking the |
11 | parolee to mentor others. |
12 | (8) The board shall review the sanctions imposed by |
13 | parole supervision staff on a quarterly basis to assess any |
14 | disparities that may exist among staff, evaluate the |
15 | effectiveness of the sanction as measured by the parolee's |
16 | subsequent conduct and monitor the impact on the number and |
17 | type of violations of the conditions of supervision. |
18 | (f) Definitions.--The following words and phrases when used |
19 | in this section shall have the meanings given to them in this |
20 | subsection: |
21 | "High sanction range." The term includes: placement in drug |
22 | and alcohol detoxification facility; imposition of global |
23 | positioning; placement in community correction center halfway |
24 | back program; placement in inpatient drug and alcohol treatment; |
25 | placement in a mental health facility; placement in violation |
26 | center contract facility; and placement in short-term shock |
27 | incarceration. |
28 | "High violation range." The term includes: changing |
29 | residence without permission; associating with crime victims; |
30 | having positive urinalysis, use of alcohol (previous history); |
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1 | having pending criminal charges; failure to abide by board- |
2 | imposed special conditions; failure to report upon release; |
3 | removal from treatment or community corrections center failure; |
4 | exhibiting assaultive behavior; absconding; possessing an |
5 | offensive weapon; possessing a firearm and having positive |
6 | urinalysis; and use of drugs (previous history). |
7 | "Low sanction range." The term includes: issuance of written |
8 | warning; imposition of documented job search; imposition of |
9 | written travel restrictions; imposition of increased reporting |
10 | requirements; obtaining treatment evaluation; referral to |
11 | assessment sanctioning community resource agent group; and |
12 | imposition of curfew. |
13 | "Low violation range." The term includes: failure to |
14 | participate in community service; having positive urinalysis, |
15 | use of alcohol (previous history); failure to pay supervision |
16 | fees; failure to pay urinalysis fees; failure to support |
17 | dependents; failure to pay restitution or court-ordered fee; |
18 | changing employment without supervision staff notification or |
19 | permission; and use of drugs (no history). |
20 | "Medium sanction range." The term includes: imposition of |
21 | deadline for securing employment; imposition of increased |
22 | urinalysis testing; imposition of increased curfew; referral to |
23 | violence prevention booster; imposition of community service; |
24 | placement in outpatient drug and alcohol treatment; referral to |
25 | reentry court; imposition of electronic monitoring; and short- |
26 | term shock incarceration. |
27 | "Medium violation range." The term includes: failure to |
28 | notify agent of changes in status; failure to report as |
29 | instructed; positive urinalysis, use of drugs (no history); |
30 | violating written travel restrictions; possession of |
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1 | unauthorized contraband, cell phone or beeper; failure to take |
2 | prescribed medications as prescribed by a medical doctor; |
3 | failure to maintain employment; failure to participate or attend |
4 | treatment; entering prohibited establishments; associating with |
5 | known felons, gangs or codefendants; failure to abide by written |
6 | instructions; failure to abide by field-imposed special |
7 | conditions; conviction of summary offenses; having positive |
8 | urinalysis; use of alcohol (previous history); violating curfew; |
9 | violating electronic monitoring; failure to provide urine; |
10 | failure to complete treatment; failure to notify agent of arrest |
11 | within 72 hours; and conviction of a misdemeanor offense. |
12 | Section 2. This act shall take effect in 60 days. |
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