SENATE AMENDED
PRIOR PRINTER'S NOS. 5, 79 PRINTER'S NO. 144
No. 24 Special Session No. 1 of 1995
INTRODUCED BY LAWLESS, HERSHEY, STABACK, CORRIGAN, PRESTON,
ROBINSON, GANNON, FLEAGLE, BUNT, TRELLO, TRUE, FARMER,
CIVERA, RAYMOND, E. Z. TAYLOR, GODSHALL, GEIST, MELIO,
BROWNE, SCHULER, DONATUCCI, HUTCHINSON, PISTELLA, SAYLOR,
MERRY, CAPPABIANCA AND J. TAYLOR, JANUARY 24, 1995
SENATOR GREENLEAF, JUDICIARY, IN SENATE, AS AMENDED,
APRIL 25, 1995
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, providing for a mandatory minimum
3 penalty for delivery of contraband to certain confined
4 persons and for a substance abuse and chemical dependency <--
5 assessment and treatment program; and authorizing the use of
6 drug-sniffing animals in jails and prisons PERSONS; AND <--
7 IMPOSING A PENALTY FOR POSSESSION OF A CONTROLLED SUBSTANCE
8 BY AN INMATE.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Section 5123 of Title 18 of the Pennsylvania
12 Consolidated Statutes is amended by adding subsections to read:
13 § 5123. Contraband.
14 * * *
15 (a.1) Mandatory minimum penalty.--Any person convicted of a
16 violation of subsection (a) shall be sentenced to a minimum
17 sentence of at least two years of total confinement
18 notwithstanding any other provision of this title or any other
1 statute to the contrary. Nothing in this subsection shall
2 prevent the sentencing court from imposing a sentence greater
3 than that provided in this subsection, up to the maximum penalty
4 prescribed by this title for a felony of the second degree.
5 There shall be no authority in any court to impose on an
6 offender to which this subsection is applicable any lesser
7 sentence than provided for in subsection (a) or to place such
8 offender on probation or to suspend sentence. Sentencing
9 guidelines promulgated by the Pennsylvania Commission on
10 Sentencing shall not supersede the mandatory sentences provided
11 in this subsection. If a sentencing court refuses to apply this
12 subsection where applicable, the Commonwealth shall have the
13 right to appellate review of the action of the sentencing court.
14 The appellate court shall vacate the sentence and remand the
15 case to the sentencing court for imposition of a sentence in
16 accordance with this subsection if it finds that the sentence
17 was imposed in violation of this subsection.
18 (A.2) POSSESSION OF CONTROLLED SUBSTANCE CONTRABAND BY <--
19 INMATE PROHIBITED.--A PRISONER OR INMATE COMMITS A MISDEMEANOR
20 OF THE FIRST DEGREE IF HE UNLAWFULLY HAS IN HIS POSSESSION OR
21 UNDER HIS CONTROL ANY CONTROLLED SUBSTANCE IN VIOLATION OF
22 SECTION 13(A)(16) OF THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND
23 COSMETIC ACT. FOR PURPOSES OF THIS SUBSECTION, NO AMOUNT SHALL
24 BE DEEMED DE MINIMIS.
25 * * *
26 (d) Drug-sniffing animals.--Any jail or prison may use dogs
27 or other animals trained to sniff controlled substances or other
28 contraband for such purposes in or on any part of the jail or
29 prison at any time.
30 (e) State correctional substance abuse and chemical <--
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1 dependency assessment and treatment program.--
2 (1) The Office of Drug and Alcohol Programs within the
3 Department of Health, working in cooperation with the
4 Department of Corrections, is hereby authorized to establish
5 a pilot substance abuse and chemical dependency assessment
6 program for the purpose of assessing and treating substance-
7 abusing and chemically dependent inmates while incarcerated
8 in State facilities. The program shall be contracted with a
9 private drug and alcohol treatment provider. The Department
10 of Health and the Department of Corrections shall select a
11 pilot correctional facility or facilities to implement the
12 program and shall collaborate with the courts, other criminal
13 justice agencies and drug and alcohol treatment programs to
14 develop written guidelines and procedures governing the
15 selection of the correctional facility or facilities,
16 operation of the program, eligibility of treatment programs
17 to apply to provide this service and eligibility of inmates
18 for the assessment and treatment program. The pilot program
19 established under this section shall not take the place of
20 any other existing therapeutic community drug and alcohol
21 program in any State correctional facility.
22 (2) Assessments of drug and alcohol abuse and dependency
23 shall be performed by drug and alcohol counselors who have
24 been certified by the Pennsylvania Chemical Abuse
25 Certification Board (PCACB) or who hold a reciprocity-level
26 certification by the International Certification Reciprocity
27 Consortium (ICRC).
28 (3) If the assessment determines that the incarcerated
29 inmate is in need of alcohol or other drug treatment, the
30 inmate shall be referred to the treatment program provided
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1 within the correctional facility.
2 (4) The alcohol and drug treatment program or programs
3 within the correctional institution shall be established and
4 administered in a separate area of the prison by private
5 alcohol and drug treatment programs licensed by the Office of
6 Drug and Alcohol Programs within the Department of Health. In
7 addition to licensure, drug and alcohol treatment programs
8 eligible to apply to provide this service must have at least
9 five years' experience in treating chemically dependent
10 individuals involved with the criminal justice system, five
11 years' experience running a therapeutic community and be able
12 to provide a long-term residential therapeutic community
13 within the correctional facility. In addition, as part of the
14 application process, the treatment program must demonstrate
15 the ability to provide post-prison aftercare and continuing
16 care treatment facilities.
17 (5) The substance abuse and chemical dependency
18 assessments under this section shall incorporate methods for
19 detection and determination of chronic drug and alcohol
20 addiction and shall include, but not be limited to, drug and
21 alcohol counseling and evaluation, chemical testing and any
22 other acceptable means for detection and determination of
23 substance abuse and chemical dependency.
24 (6) The Office of Drug and Alcohol Treatment Programs
25 within the Department of Health shall conduct an ongoing,
26 comprehensive evaluation program to determine the
27 effectiveness of the substance abuse assessment pilot program
28 in reducing criminal behavior, recidivism, arrest and
29 commitments to correctional institutions. In addition, the
30 Office of Drug and Alcohol Treatment Programs shall
19951H0024B0144 - 4 -
1 collaborate with the Department of Public Welfare to secure
2 medical assistance payments to cover the cost of drug and
3 alcohol detoxification and rehabilitation services for any
4 person eligible for the payments.
5 (7) On or before March 1 of each year, the Department of
6 Health shall submit a report to the General Assembly which
7 shall include, but not be limited to, a comprehensive
8 evaluation to determine the effectiveness of the substance
9 abuse assessment pilot program in reducing criminal behavior,
10 recidivism, arrest and commitments to correctional
11 institutions.
12 Section 2. This act shall take effect in 60 days.
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