PRIOR PRINTER'S NO. 1572 PRINTER'S NO. 1580
No. 1239 Session of 1998
INTRODUCED BY GREENLEAF, O'PAKE, GERLACH, WILLIAMS, EARLL,
WAGNER, AFFLERBACH, ARMSTRONG, COSTA, KASUNIC, LEMMOND,
RHOADES, TOMLINSON, ULIANA, SCHWARTZ, HOLL AND MELLOW,
JANUARY 16, 1998
SENATOR GREENLEAF, JUDICIARY, AS AMENDED, JANUARY 21, 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 OR ON PROBATION in other states; PROVIDING FOR <--
19 PROCEEDINGS SUBSEQUENT TO PAROLE; and imposing a penalty.
20 The General Assembly of the Commonwealth of Pennsylvania
21 hereby enacts as follows:
22 Section 1. Section 33 of the act of August 6, 1941 (P.L.861, <--
23 No.323), referred to as the Pennsylvania Board of Probation and
24 Parole Law, amended December 18, 1996 (P.L.1098, No.164), is
25 amended to read:
1 SECTION 1. SECTION 21 OF THE ACT OF AUGUST 6, 1941 (P.L.861, <--
2 NO.323), REFERRED TO AS THE PENNSYLVANIA BOARD OF PROBATION AND
3 PAROLE LAW, AMENDED JUNE 1, 1995 (1ST SP.SESS., P.L.1020,
4 NO.16), IS AMENDED TO READ:
5 SECTION 21. THE BOARD IS HEREBY AUTHORIZED TO RELEASE ON
6 PAROLE ANY CONVICT CONFINED IN ANY PENAL INSTITUTION OF THIS
7 COMMONWEALTH AS TO WHOM POWER TO PAROLE IS HEREIN GRANTED TO
8 SAID BOARD, EXCEPT CONVICTS CONDEMNED TO DEATH OR SERVING LIFE
9 IMPRISONMENT, WHENEVER IN ITS OPINION THE BEST INTERESTS OF THE
10 CONVICT JUSTIFY OR REQUIRE HIS BEING PAROLED AND IT DOES NOT
11 APPEAR THAT THE INTERESTS OF THE COMMONWEALTH WILL BE INJURED
12 THEREBY. PAROLE SHALL BE SUBJECT IN EVERY INSTANCE TO THE
13 COMMONWEALTH'S RIGHT TO IMMEDIATELY RETAKE AND HOLD IN CUSTODY
14 WITHOUT FURTHER PROCEEDINGS ANY PAROLEE CHARGED AFTER HIS PAROLE
15 WITH AN ADDITIONAL OFFENSE, UNTIL A DETERMINATION CAN BE MADE
16 WHETHER TO CONTINUE HIS PAROLE STATUS. THE POWER TO PAROLE
17 HEREIN GRANTED TO THE BOARD OF PAROLE MAY NOT BE EXERCISED IN
18 THE BOARD'S DISCRETION AT ANY TIME BEFORE, BUT ONLY AFTER, THE
19 EXPIRATION OF THE MINIMUM TERM OF IMPRISONMENT FIXED BY THE
20 COURT IN ITS SENTENCE OR BY THE PARDON BOARD IN A SENTENCE WHICH
21 HAS BEEN REDUCED BY COMMUTATION. THE BOARD MAY NOT RELEASE A
22 PERSON ON PAROLE UNLESS THE PERSON ACHIEVES A NEGATIVE RESULT
23 WITHIN FORTY-FIVE DAYS PRIOR TO THE DATE OF RELEASE IN A
24 SCREENING TEST APPROVED BY THE DEPARTMENT OF HEALTH FOR THE
25 DETECTION OF THE PRESENCE OF CONTROLLED SUBSTANCES OR DESIGNER
26 DRUGS UNDER THE ACT OF APRIL 14, 1972 (P.L.233, NO.64), KNOWN AS
27 "THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT." THE
28 COST OF THESE PRE-PAROLE DRUG SCREENING TESTS FOR INMATES
29 SUBJECT TO THE PAROLE RELEASE JURISDICTION OF THE BOARD, WHETHER
30 CONFINED IN A STATE OR LOCAL CORRECTIONAL FACILITY, SHALL BE
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1 PAID BY THE BOARD. THE BOARD SHALL ESTABLISH RULES AND
2 REGULATIONS FOR THE PAYMENT OF THESE COSTS AND MAY LIMIT THE
3 TYPES AND COST OF THESE SCREENING TESTS THAT WOULD BE SUBJECT TO
4 PAYMENT BY THE BOARD. THE BOARD SHALL ESTABLISH, AS A CONDITION
5 OF CONTINUED PAROLE FOR A PAROLEE WHO, AS AN INMATE, TESTED
6 POSITIVE FOR THE PRESENCE OF A CONTROLLED SUBSTANCE OR A
7 DESIGNER DRUG OR WHO WAS PAROLED FROM A SENTENCE ARISING FROM A
8 CONVICTION UNDER "THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND
9 COSMETIC ACT," OR FROM A DRUG-RELATED CRIME, THE PAROLEE'S
10 ACHIEVEMENT OF NEGATIVE RESULTS IN SUCH SCREENING TESTS RANDOMLY
11 APPLIED. THE RANDOM SCREENING TESTS SHALL BE PERFORMED AT THE
12 DISCRETION OF THE BOARD, AND THE PAROLEE UNDERGOING THE TESTS
13 SHALL BE RESPONSIBLE FOR THE COSTS OF THE TESTS. THE FUNDS
14 COLLECTED FOR THE TESTS SHALL BE APPLIED AGAINST THE CONTRACT
15 FOR SUCH TESTING BETWEEN THE BOARD AND A TESTING LABORATORY
16 APPROVED BY THE DEPARTMENT OF HEALTH. SAID BOARD SHALL HAVE THE
17 POWER DURING THE PERIOD FOR WHICH A PERSON SHALL HAVE BEEN
18 SENTENCED TO RECOMMIT ONE PAROLED FOR VIOLATION OF THE TERMS AND
19 CONDITIONS OF HIS PAROLE AND FROM TIME TO TIME TO REPAROLE AND
20 RECOMMIT IN THE SAME MANNER AND WITH THE SAME PROCEDURE AS IN
21 THE CASE OF AN ORIGINAL PAROLE OR RECOMMITMENT, IF, IN THE
22 JUDGMENT OF THE SAID BOARD, THERE IS A REASONABLE PROBABILITY
23 THAT THE CONVICT WILL BE BENEFITED BY AGAIN ACCORDING HIM
24 LIBERTY AND IT DOES NOT APPEAR THAT THE INTERESTS OF THE
25 COMMONWEALTH WILL BE INJURED THEREBY.
26 SECTION 2. SECTION 21.1 OF THE ACT IS AMENDED BY ADDING A
27 SUBSECTION TO READ:
28 SECTION 21.1. * * *
29 (A.1) SUBSEQUENT ARREST. THE FORMAL FILING OF A CHARGE AFTER
30 PAROLE AGAINST ANY PAROLEE WITHIN THIS COMMONWEALTH FOR ANY
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1 VIOLATION OF THE LAWS OF THIS COMMONWEALTH SHALL CONSTITUTE AN
2 AUTOMATIC DETAINER AND PERMIT HIM TO BE TAKEN INTO AND HELD IN
3 CUSTODY. THE AUTOMATIC DETAINER SHALL DISSOLVE ON THE FIFTEENTH
4 DAY AFTER HE IS TAKEN INTO CUSTODY, UNLESS SOONER WAIVED OR
5 OTHERWISE SUPERSEDED BY DIRECTION OF THE SUPERVISING PAROLE
6 OFFICE. THE AUTOMATIC DETAINER SHALL BE IN ADDITION TO AND NOT
7 IN LIEU OF ANY OTHER DETAINER THAT HERETOFORE MAY HAVE BEEN
8 LODGED IN SUCH CIRCUMSTANCES.
9 * * *
10 SECTION 3. SECTION 33 OF THE ACT, AMENDED DECEMBER 18, 1996
11 (P.L.1098, NO.164), IS AMENDED TO READ:
12 Section 33. (a) (1) In compliance with the Federal
13 Interstate Compact Laws and the provisions of this section, the
14 [Parole Board] Pennsylvania Board of Probation and Parole is
15 authorized to supervise persons paroled by other states and now
16 residing in Pennsylvania, where such other states agree to
17 perform similar services for the Pennsylvania Board of Probation
18 and Parole.
19 (2) Additionally, the [Parole Board] Pennsylvania Board of
20 Probation and Parole is authorized to relinquish jurisdiction
21 over a parolee to the proper Federal authorities where the
22 parolee is placed into the [Federal] Witness Protection Program
23 of the United States Department of Justice.
24 (b) The contracting states must adhere to Pennsylvania's
25 laws regarding the Interstate Compact, which are as follows:
26 (1) The contracting states solemnly agree that it is
27 competent for the duly constituted judicial and administrative
28 authorities of a state party to this compact, herein called
29 "sending state," to permit any person convicted of an offense
30 within such state and placed on probation or released on parole
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1 to reside in any other state, herein called "receiving state,"
2 while on probation or parole, if:
3 (i) a confirmed offer of viable employment or other
4 verifiable means of support exists; and
5 (ii) a residence approved by the receiving state is
6 available.
7 (2) The following information must be made available to the
8 receiving state from the sending state at the time the
9 application for acceptance to the receiving state is filed:
10 (i) Institutional adjustment information on parolees or
11 probationers.
12 (ii) Current supervision history on parolees or
13 probationers.
14 (iii) A psychological report or psychological update,
15 completed no more than one year prior to the receiving state's
16 consideration for persons convicted of a violent offense.
17 (iv) The following information must be made available to the
18 receiving state for those cases defined as a sexual offense:
19 (A) a summary of any type of treatment received and dates of
20 completion; and
21 (B) a description of behavioral characteristics that may
22 have contributed to the parolee or probationer's conduct.
23 (3) Any parolee or probationer convicted of a sexual offense
24 shall be required to:
25 (i) submit to mandatory registration and public notification
26 of all current addresses with the Pennsylvania State Police;
27 (ii) provide a signed copy of Pennsylvania State Police
28 Sexual Offender Registration Notification form and Pennsylvania
29 State Police Sexual Offender Registration form to receiving
30 state; and
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1 (iii) provide a signed copy of Addendum to Application for
2 Compact Services/Agreement to Return form to receiving state.
3 (4) The receiving state will not consider the acceptance of <--
4 supervision if the parolee or probationer is already physically
5 present in this State. Investigation and consideration of a case
6 shall occur only after the parolee or probationer returns to the
7 sending state and a proper application is filed.
8 (4) EXCEPT AS HEREAFTER PROVIDED, THE RECEIVING STATE SHALL <--
9 NOT CONSIDER THE ACCEPTANCE OF SUPERVISION IF THE PAROLEE IS
10 ALREADY PHYSICALLY PRESENT IN THIS STATE. INVESTIGATION AND
11 CONSIDERATION OF A CASE SHALL OCCUR ONLY AFTER THE PAROLEE
12 RETURNS TO THE SENDING STATE AND PROPER APPLICATION IS FILED.
13 THE RECEIVING STATE MAY CONSIDER THE ACCEPTANCE OF SUPERVISION
14 IF THE PROBATIONER IS ALREADY PHYSICALLY PRESENT IN THIS STATE,
15 WHERE THE PROBATIONER HAS ESTABLISHED DOMICILE IN THE RECEIVING
16 STATE BEFORE ADJUDICATION ON THE CRIMINAL OFFENSE.
17 (5) Electronic monitoring and/or other special conditions of
18 supervision shall be imposed as deemed necessary by the
19 receiving state.
20 (6) At the request of the receiving state, the sending state
21 shall agree to retake the parolee or probationer if that
22 individual violates any condition of probation or parole.
23 (c) Any person who is on parole or probation in another
24 state and who resides in this Commonwealth in violation of this
25 section shall be sentenced to pay a fine of not more than ten
26 thousand dollars ($10,000) or to imprisonment for not more than
27 five years, or both.
28 (d) As used in this section, the following words and phrases
29 shall have the meanings given to them in this subsection:
30 "Other verifiable means of support." The term includes, but
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1 is not limited to, support by parent, grandparent, sibling,
2 spouse or adult child. The term shall not include public
3 assistance.
4 "Sexual offense."
5 (1) Any of the following or equivalent offenses that is
6 classified as a felony and involves a victim who is a minor:
7 18 Pa.C.S. § 2901 (relating to kidnapping).
8 18 Pa.C.S. § 5902(b) (relating to prostitution and
9 related offenses).
10 18 Pa.C.S. § 5903(a)(3), (4), (5) or (6) (relating to
11 obscene and other sexual materials and performances).
12 (2) Any of the following or equivalent offenses that is
13 classified as a felony and involves a victim who is less than
14 thirteen years of age:
15 18 Pa.C.S. § 3126 (relating to indecent assault).
16 (3) Any of the following or equivalent offenses, regardless
17 of the victim's age:
18 18 Pa.C.S. § 3121 (relating to rape).
19 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual
20 intercourse).
21 18 Pa.C.S. § 3125 (relating to aggravated indecent
22 assault).
23 "Violent offense." Any of the following or equivalent
24 offenses:
25 18 Pa.C.S. § 2502 (relating to murder).
26 18 Pa.C.S. § 2503 (relating to voluntary manslaughter).
27 18 Pa.C.S. § 2702 (relating to aggravated assault).
28 18 Pa.C.S. § 2703 (relating to assault by prisoner).
29 18 Pa.C.S. § 2704 (relating to assault by life prisoner).
30 18 Pa.C.S. § 2901 (relating to kidnapping) where the
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1 victim is a minor.
2 18 Pa.C.S. § 3121 (relating to rape).
3 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual
4 intercourse).
5 18 Pa.C.S. § 3301 (relating to arson and related
6 offenses).
7 18 Pa.C.S. § 3502 (relating to burglary).
8 18 Pa.C.S. § 3701 (relating to robbery).
9 18 Pa.C.S. § 3923 (relating to theft by extortion) where
10 a threat of violence is made.
11 A criminal attempt, criminal solicitation or criminal
12 conspiracy to commit any offenses set forth in this clause.
13 Section 2 4. This act shall take effect in 60 days. <--
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