SENATE AMENDED
PRIOR PRINTER'S NOS. 5, 79, 144 PRINTER'S NO. 165
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 TILGHMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, MAY 22, 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 AN EMPLOYEE OF <--
16 THE COMMONWEALTH OR A MUNICIPALITY convicted of a violation of
17 subsection (a) shall be sentenced to a minimum sentence of at
18 least two years of total confinement notwithstanding any other
1 provision of this title or any other statute to the contrary.
2 Nothing in this subsection shall prevent the sentencing court
3 from imposing a sentence greater than that provided in this
4 subsection, up to the maximum penalty prescribed by this title
5 for a felony of the second degree. There shall be no authority
6 in any court to impose on an offender to which this subsection
7 is applicable any lesser sentence than provided for in
8 subsection (a) or to place such offender on probation or to
9 suspend sentence. Sentencing guidelines promulgated by the
10 Pennsylvania Commission on Sentencing shall not supersede the
11 mandatory sentences provided in this subsection. If a sentencing
12 court refuses to apply this subsection where applicable, the
13 Commonwealth shall have the right to appellate review of the
14 action of the sentencing court. The appellate court shall vacate
15 the sentence and remand the case to the sentencing court for
16 imposition of a sentence in accordance with this subsection if
17 it finds that the sentence was imposed in violation of this
18 subsection.
19 (A.2) POSSESSION OF CONTROLLED SUBSTANCE CONTRABAND BY <--
20 INMATE PROHIBITED.--A PRISONER OR INMATE COMMITS A MISDEMEANOR
21 OF THE FIRST DEGREE IF HE UNLAWFULLY HAS IN HIS POSSESSION OR
22 UNDER HIS CONTROL ANY CONTROLLED SUBSTANCE IN VIOLATION OF
23 SECTION 13(A)(16) OF THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND
24 COSMETIC ACT. FOR PURPOSES OF THIS SUBSECTION, NO AMOUNT SHALL
25 BE DEEMED DE MINIMIS.
26 * * *
27 (d) Drug-sniffing animals.--Any jail or prison may use dogs
28 or other animals trained to sniff controlled substances or other
29 contraband for such purposes in or on any part of the jail or
30 prison at any time.
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1 (e) State correctional substance abuse and chemical <--
2 dependency assessment and treatment program.--
3 (1) The Office of Drug and Alcohol Programs within the
4 Department of Health, working in cooperation with the
5 Department of Corrections, is hereby authorized to establish
6 a pilot substance abuse and chemical dependency assessment
7 program for the purpose of assessing and treating substance-
8 abusing and chemically dependent inmates while incarcerated
9 in State facilities. The program shall be contracted with a
10 private drug and alcohol treatment provider. The Department
11 of Health and the Department of Corrections shall select a
12 pilot correctional facility or facilities to implement the
13 program and shall collaborate with the courts, other criminal
14 justice agencies and drug and alcohol treatment programs to
15 develop written guidelines and procedures governing the
16 selection of the correctional facility or facilities,
17 operation of the program, eligibility of treatment programs
18 to apply to provide this service and eligibility of inmates
19 for the assessment and treatment program. The pilot program
20 established under this section shall not take the place of
21 any other existing therapeutic community drug and alcohol
22 program in any State correctional facility.
23 (2) Assessments of drug and alcohol abuse and dependency
24 shall be performed by drug and alcohol counselors who have
25 been certified by the Pennsylvania Chemical Abuse
26 Certification Board (PCACB) or who hold a reciprocity-level
27 certification by the International Certification Reciprocity
28 Consortium (ICRC).
29 (3) If the assessment determines that the incarcerated
30 inmate is in need of alcohol or other drug treatment, the
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1 inmate shall be referred to the treatment program provided
2 within the correctional facility.
3 (4) The alcohol and drug treatment program or programs
4 within the correctional institution shall be established and
5 administered in a separate area of the prison by private
6 alcohol and drug treatment programs licensed by the Office of
7 Drug and Alcohol Programs within the Department of Health. In
8 addition to licensure, drug and alcohol treatment programs
9 eligible to apply to provide this service must have at least
10 five years' experience in treating chemically dependent
11 individuals involved with the criminal justice system, five
12 years' experience running a therapeutic community and be able
13 to provide a long-term residential therapeutic community
14 within the correctional facility. In addition, as part of the
15 application process, the treatment program must demonstrate
16 the ability to provide post-prison aftercare and continuing
17 care treatment facilities.
18 (5) The substance abuse and chemical dependency
19 assessments under this section shall incorporate methods for
20 detection and determination of chronic drug and alcohol
21 addiction and shall include, but not be limited to, drug and
22 alcohol counseling and evaluation, chemical testing and any
23 other acceptable means for detection and determination of
24 substance abuse and chemical dependency.
25 (6) The Office of Drug and Alcohol Treatment Programs
26 within the Department of Health shall conduct an ongoing,
27 comprehensive evaluation program to determine the
28 effectiveness of the substance abuse assessment pilot program
29 in reducing criminal behavior, recidivism, arrest and
30 commitments to correctional institutions. In addition, the
19951H0024B0165 - 4 -
1 Office of Drug and Alcohol Treatment Programs shall
2 collaborate with the Department of Public Welfare to secure
3 medical assistance payments to cover the cost of drug and
4 alcohol detoxification and rehabilitation services for any
5 person eligible for the payments.
6 (7) On or before March 1 of each year, the Department of
7 Health shall submit a report to the General Assembly which
8 shall include, but not be limited to, a comprehensive
9 evaluation to determine the effectiveness of the substance
10 abuse assessment pilot program in reducing criminal behavior,
11 recidivism, arrest and commitments to correctional
12 institutions.
13 (E) DEFINITION.--AS USED IN THIS SECTION, THE TERM <--
14 "MUNICIPALITY" MEANS A COUNTY, CITY, BOROUGH OR INCORPORATED
15 TOWN.
16 Section 2. This act shall take effect in 60 days.
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