PRINTER'S NO. 1572
No. 1239 Session of 1998
INTRODUCED BY GREENLEAF, O'PAKE, GERLACH, WILLIAMS, EARLL,
WAGNER, AFFLERBACH, ARMSTRONG, COSTA, KASUNIC AND LEMMOND,
JANUARY 16, 1998
REFERRED TO JUDICIARY, JANUARY 16, 1998
AN ACT
1 Amending the act of August 6, 1941 (P.L.861, No.323), entitled,
2 as amended, "An act to create a uniform and exclusive system
3 for the administration of parole in this Commonwealth;
4 providing state probation services; establishing the
5 'Pennsylvania Board of Probation and Parole'; conferring and
6 defining its jurisdiction, duties, powers and functions;
7 including the supervision of persons placed upon probation
8 and parole in certain designated cases; providing for the
9 method of appointment of its members; regulating the
10 appointment, removal and discharge of its officers, clerks
11 and employes; dividing the Commonwealth into administrative
12 districts for purposes of probation and parole; fixing the
13 salaries of members of the board and of certain other
14 officers and employes thereof; making violations of certain
15 provisions of this act misdemeanors; providing penalties
16 therefor; and for other cognate purposes, and making an
17 appropriation," further providing for supervision of persons
18 paroled in other states; and imposing a penalty.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. Section 33 of the act of August 6, 1941 (P.L.861,
22 No.323), referred to as the Pennsylvania Board of Probation and
23 Parole Law, amended December 18, 1996 (P.L.1098, No.164), is
24 amended to read:
25 Section 33. (a) (1) In compliance with the Federal
1 Interstate Compact Laws and the provisions of this section, the
2 [Parole Board] Pennsylvania Board of Probation and Parole is
3 authorized to supervise persons paroled by other states and now
4 residing in Pennsylvania, where such other states agree to
5 perform similar services for the Pennsylvania Board of Probation
6 and Parole.
7 (2) Additionally, the [Parole Board] Pennsylvania Board of
8 Probation and Parole is authorized to relinquish jurisdiction
9 over a parolee to the proper Federal authorities where the
10 parolee is placed into the [Federal] Witness Protection Program
11 of the United States Department of Justice.
12 (b) The contracting states must adhere to Pennsylvania's
13 laws regarding the Interstate Compact, which are as follows:
14 (1) The contracting states solemnly agree that it is
15 competent for the duly constituted judicial and administrative
16 authorities of a state party to this compact, herein called
17 "sending state," to permit any person convicted of an offense
18 within such state and placed on probation or released on parole
19 to reside in any other state, herein called "receiving state,"
20 while on probation or parole, if:
21 (i) a confirmed offer of viable employment or other
22 verifiable means of support exists; and
23 (ii) a residence approved by the receiving state is
24 available.
25 (2) The following information must be made available to the
26 receiving state from the sending state at the time the
27 application for acceptance to the receiving state is filed:
28 (i) Institutional adjustment information on parolees or
29 probationers.
30 (ii) Current supervision history on parolees or
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1 probationers.
2 (iii) A psychological report or psychological update,
3 completed no more than one year prior to the receiving state's
4 consideration for persons convicted of a violent offense.
5 (iv) The following information must be made available to the
6 receiving state for those cases defined as a sexual offense:
7 (A) a summary of any type of treatment received and dates of
8 completion; and
9 (B) a description of behavioral characteristics that may
10 have contributed to the parolee or probationer's conduct.
11 (3) Any parolee or probationer convicted of a sexual offense
12 shall be required to:
13 (i) submit to mandatory registration and public notification
14 of all current addresses with the Pennsylvania State Police;
15 (ii) provide a signed copy of Pennsylvania State Police
16 Sexual Offender Registration Notification form and Pennsylvania
17 State Police Sexual Offender Registration form to receiving
18 state; and
19 (iii) provide a signed copy of Addendum to Application for
20 Compact Services/Agreement to Return form to receiving state.
21 (4) The receiving state will not consider the acceptance of
22 supervision if the parolee or probationer is already physically
23 present in this State. Investigation and consideration of a case
24 shall occur only after the parolee or probationer returns to the
25 sending state and a proper application is filed.
26 (5) Electronic monitoring and/or other special conditions of
27 supervision shall be imposed as deemed necessary by the
28 receiving state.
29 (6) At the request of the receiving state, the sending state
30 shall agree to retake the parolee or probationer if that
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1 individual violates any condition of probation or parole.
2 (c) Any person who is on parole or probation in another
3 state and who resides in this Commonwealth in violation of this
4 section shall be sentenced to pay a fine of not more than ten
5 thousand dollars ($10,000) or to imprisonment for not more than
6 five years, or both.
7 (d) As used in this section, the following words and phrases
8 shall have the meanings given to them in this subsection:
9 "Other verifiable means of support." The term includes, but
10 is not limited to, support by parent, grandparent, sibling,
11 spouse or adult child. The term shall not include public
12 assistance.
13 "Sexual offense."
14 (1) Any of the following or equivalent offenses that is
15 classified as a felony and involves a victim who is a minor:
16 18 Pa.C.S. § 2901 (relating to kidnapping).
17 18 Pa.C.S. § 5902(b) (relating to prostitution and
18 related offenses).
19 18 Pa.C.S. § 5903(a)(3), (4), (5) or (6) (relating to
20 obscene and other sexual materials and performances).
21 (2) Any of the following or equivalent offenses that is
22 classified as a felony and involves a victim who is less than
23 thirteen years of age:
24 18 Pa.C.S. § 3126 (relating to indecent assault).
25 (3) Any of the following or equivalent offenses, regardless
26 of the victim's age:
27 18 Pa.C.S. § 3121 (relating to rape).
28 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual
29 intercourse).
30 18 Pa.C.S. § 3125 (relating to aggravated indecent
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1 assault).
2 "Violent offense." Any of the following or equivalent
3 offenses:
4 18 Pa.C.S. § 2502 (relating to murder).
5 18 Pa.C.S. § 2503 (relating to voluntary manslaughter).
6 18 Pa.C.S. § 2702 (relating to aggravated assault).
7 18 Pa.C.S. § 2703 (relating to assault by prisoner).
8 18 Pa.C.S. § 2704 (relating to assault by life prisoner).
9 18 Pa.C.S. § 2901 (relating to kidnapping) where the
10 victim is a minor.
11 18 Pa.C.S. § 3121 (relating to rape).
12 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual
13 intercourse).
14 18 Pa.C.S. § 3301 (relating to arson and related
15 offenses).
16 18 Pa.C.S. § 3502 (relating to burglary).
17 18 Pa.C.S. § 3701 (relating to robbery).
18 18 Pa.C.S. § 3923 (relating to theft by extortion) where
19 a threat of violence is made.
20 A criminal attempt, criminal solicitation or criminal
21 conspiracy to commit any offenses set forth in this clause.
22 Section 2. This act shall take effect in 60 days.
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