to sentences for second and subsequent offenses).
"Family or household members." As defined in 23 Pa.C.S. §
6102(a) (relating to definitions).
"Technical violation." A violation of the terms and
conditions of a defendant's sentence, other than by the
commission of a new crime of which the defendant is convicted or
found guilty by a judge or jury or to which the defendant pleads
guilty or nolo contendere in a court of record.
Section 3. This act shall apply as follows:
(1) This act shall apply to individuals sentenced or
resentenced on or after the effective date of this section.
(2) Except for the amendment of 42 Pa.C.S. § 9771(e),
this act shall apply to individuals sentenced or resentenced
prior to the effective date of this section.
Section 4. Nothing in this act shall be construed to prevent
a defendant from petitioning a court for early termination of
probation or modification of the terms and conditions of
probation as otherwise permitted by law.
Section 5. Courts shall ensure that the probation of all
individuals sentenced or resentenced prior to the effective date
of this section are reviewed to determine whether the
individuals should be considered for early termination of
probation or modification of the terms and conditions of
probation. The review shall occur at the later of two years
after the effective date of this section or:
(1) the date the individual has completed three years of
probation following a misdemeanor conviction or five years of
probation following a felony conviction; or
(2) if the sentence or sentences imposed arise out of
the conviction of multiple offenses and:
(i) The sentence or sentences imposed are all
misdemeanors and are based on the same conduct or arise
from the same criminal episode, the defendant shall be
eligible for a probation review conference at the initial
completion of three years of probation by the defendant.
(ii) The sentence or sentences imposed include a
felony and are based on the same conduct or arise from
the same criminal episode, the defendant shall be
eligible for a probation review conference at the initial
completion of five years of probation by the defendant.
For each case under review, the defendant and the Commonwealth
shall have the opportunity, in advance of a decision, to provide
written comments to the court. Courts may by local rule adopt
such procedures as they deem appropriate to accomplish the
reviews.
Section 6. When a court, either as a result of a petition or
as a result of its review under section 6 of this act, seeks to
determine whether an individual sentenced or resentenced prior
to the effective date of this section should be considered for
early termination of probation or modification of the terms and
conditions of probation, the court shall ensure that due
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