PRINTER'S NO. 3226
No. 2429 Session of 1998
INTRODUCED BY L. I. COHEN, FICHTER, READSHAW, ORIE, STURLA,
HERMAN, GEIST, McNAUGHTON, JAMES, WOGAN, KENNEY,
E. Z. TAYLOR, EGOLF, HORSEY, YOUNGBLOOD, CIVERA, J. TAYLOR,
DeLUCA, RAMOS, WASHINGTON, PRESTON, FLICK AND MELIO,
MARCH 18, 1998
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 18, 1998
AN ACT
1 Amending the act of April 9, 1929 (P.L.177, No.175), entitled
2 "An act providing for and reorganizing the conduct of the
3 executive and administrative work of the Commonwealth by the
4 Executive Department thereof and the administrative
5 departments, boards, commissions, and officers thereof,
6 including the boards of trustees of State Normal Schools, or
7 Teachers Colleges; abolishing, creating, reorganizing or
8 authorizing the reorganization of certain administrative
9 departments, boards, and commissions; defining the powers and
10 duties of the Governor and other executive and administrative
11 officers, and of the several administrative departments,
12 boards, commissions, and officers; fixing the salaries of the
13 Governor, Lieutenant Governor, and certain other executive
14 and administrative officers; providing for the appointment of
15 certain administrative officers, and of all deputies and
16 other assistants and employes in certain departments, boards,
17 and commissions; and prescribing the manner in which the
18 number and compensation of the deputies and all other
19 assistants and employes of certain departments, boards and
20 commissions shall be determined," further providing for the
21 Board of Pardons.
22 The General Assembly of the Commonwealth of Pennsylvania
23 hereby enacts as follows:
24 Section 1. Section 909 of the act of April 9, 1929 (P.L.177,
25 No.175), known as The Administrative Code of 1929, is amended by
26 adding subsections to read:
1 Section 909. Board of Pardons.--* * *
2 (g.1) (1) Any person under consideration for transfer to a
3 prerelease center under subsection (f) shall be assessed for
4 drug and alcohol abuse and dependency prior to transfer. If the
5 assessment finds that drug and alcohol treatment is unnecessary,
6 the person may be transferred to a prerelease center. If the
7 person is assessed to be in need of drug and alcohol treatment,
8 the person may be transferred only to a residential drug and
9 alcohol treatment program licensed by the Office of Drug and
10 Alcohol Programs in the Department of Health for treatment in
11 accordance with the level of care and length of stay prescribed
12 in the assessment. The person shall not be released by a
13 prerelease center until residential treatment has been completed
14 and shall continue the drug and alcohol treatment prescribed in
15 the treatment plan with a licensed drug and alcohol treatment
16 facility during the stay in the prerelease center and after
17 leaving the center.
18 (2) Drug and alcohol abuse and addiction assessments shall
19 be performed by drug and alcohol counselors who have been
20 certified by the Pennsylvania Chemical Abuse Certification Board
21 (PCACB) or who hold reciprocity level certification by the
22 International Certification Reciprocity Consortium (ICRC), by
23 licensed physicians or by licensed psychologists.
24 (3) In addition to licensure, drug and alcohol treatment
25 programs eligible to apply to provide this service must have
26 experience in treating chemically dependent persons involved
27 with the criminal justice system. Nothing in this subsection
28 shall prevent a treatment program from refusing to accept a
29 criminal justice referral if the program deems the person to be
30 inappropriate for admission. The treatment program retains the
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1 right to immediately discharge any person who fails to comply
2 with program rules and treatment expectations or who refuses to
3 constructively engage in the treatment process. Such person
4 shall be discharged into the custody of the Department of
5 Corrections.
6 (g.2) (1) Any person transferred to and confined in a
7 prerelease center may be released therefrom temporarily with or
8 without direct supervision at the discretion of the Department
9 of Corrections in accordance with rules and regulations as
10 provided in subsection (g.1)(3), for the purposes of gainful
11 employment, vocational or technical training, academic education
12 and such other lawful purposes as the Department of Corrections
13 shall consider necessary and appropriate for the furtherance of
14 the inmate's individual prerelease program subject to compliance
15 with paragraph (2).
16 (2) A person who has not served his minimum sentence shall
17 not be transferred to a prerelease center unless one of the
18 following occurs:
19 (i) More than twenty (20) days have elapsed after written
20 notice of the proposed transfer, describing the person's
21 individual prerelease program, has been received by the
22 sentencing judge or in the event he is unavailable, the
23 sentencing court and the prosecuting district attorney's office
24 and no written objection by the judge containing the reason
25 therefor has been received by the Department of Corrections.
26 (ii) The judge withdraws his objection after consultation
27 with representatives of the Department of Corrections.
28 (iii) Approval of the proposed transfer is given by the
29 Board of Pardons.
30 (3) In the event of a timely objection by the judge,
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1 representatives of the Department of Corrections shall meet with
2 the judge and attempt to resolve the disagreement. If, within
3 twenty (20) days of the Department of Corrections' receipt of
4 the objection, the judge does not withdraw his objection, or the
5 Department of Corrections does not withdraw its proposal for
6 transfer, or the judge and the Department of Corrections do not
7 agree on an alternate proposal for transfer, the matter shall be
8 listed for hearing at the next session of the Board of Pardons
9 to be held in the hearing district in which the judge is
10 located. During the hearing before the Board of Pardons,
11 representatives of the judge, the Department of Corrections, the
12 district attorney of the county where the individual was
13 prosecuted and any victim involved shall have the opportunity to
14 be heard.
15 (4) A person who has served his minimum sentence may be
16 released by the Department of Corrections only after notice to
17 the judge that the privilege is being granted.
18 (5) Notice of the release of such person shall be given to
19 the Pennsylvania State Police, the probation officer and the
20 sheriff or chief of police of the county and the chief of police
21 of the municipality or township of the locality to which the
22 individual is assigned or of his authorized destination.
23 * * *
24 Section 2. This act shall take effect in 60 days.
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