HOUSE AMENDED
PRIOR PRINTER'S NOS. 1572, 1580, 1793, PRINTER'S NO. 2307
2273, 2286
No. 1239 Session of 1998
INTRODUCED BY GREENLEAF, O'PAKE, GERLACH, WILLIAMS, EARLL,
WAGNER, AFFLERBACH, ARMSTRONG, COSTA, KASUNIC, LEMMOND,
RHOADES, TOMLINSON, ULIANA, SCHWARTZ, HOLL, MELLOW AND
SALVATORE, JANUARY 16, 1998
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
NOVEMBER 23, 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 TRANSMISSION OF RECORD <--
18 TO THE BOARD, FOR REPORTING AND INVESTIGATION, FOR RELEASE <--
19 AND FOR supervision of persons paroled or on probation in
20 other states; providing for proceedings subsequent to parole;
21 and imposing a penalty.
22 The General Assembly of the Commonwealth of Pennsylvania
23 hereby enacts as follows:
24 Section 1. Section 21 of the act of August 6, 1941 (P.L.861, <--
25 No.323), referred to as the Pennsylvania Board of Probation and
1 Parole Law, amended June 1, 1995 (1st Sp.Sess., P.L.1020,
2 No.16), is amended to read:
3 Section 21. The board is hereby authorized to release on
4 parole any convict confined in any penal institution of this
5 Commonwealth as to whom power to parole is herein granted to
6 said board, except convicts condemned to death or serving life
7 imprisonment, whenever in its opinion the best interests of the
8 convict justify or require his being paroled and it does not
9 appear that the interests of the Commonwealth will be injured
10 thereby. Parole shall be subject in every instance to the
11 Commonwealth's right to immediately retake and hold in custody
12 without further proceedings any parolee charged after his parole
13 with an additional offense, until a determination can be made
14 whether to continue his parole status. The power to parole
15 herein granted to the Board of Parole may not be exercised in
16 the board's discretion at any time before, but only after, the
17 expiration of the minimum term of imprisonment fixed by the
18 court in its sentence or by the Pardon Board in a sentence which
19 has been reduced by commutation. The board may not release a
20 person on parole unless the person achieves a negative result
21 within forty-five days prior to the date of release in a
22 screening test approved by the Department of Health for the
23 detection of the presence of controlled substances or designer
24 drugs under the act of April 14, 1972 (P.L.233, No.64), known as
25 "The Controlled Substance, Drug, Device and Cosmetic Act." The
26 cost of these pre-parole drug screening tests for inmates
27 subject to the parole release jurisdiction of the board, whether
28 confined in a State or local correctional facility, shall be
29 paid by the board. The board shall establish rules and
30 regulations for the payment of these costs and may limit the
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1 types and cost of these screening tests that would be subject to
2 payment by the board. The board shall establish, as a condition
3 of continued parole for a parolee who, as an inmate, tested
4 positive for the presence of a controlled substance or a
5 designer drug or who was paroled from a sentence arising from a
6 conviction under "The Controlled Substance, Drug, Device and
7 Cosmetic Act," or from a drug-related crime, the parolee's
8 achievement of negative results in such screening tests randomly
9 applied. The random screening tests shall be performed at the
10 discretion of the board, and the parolee undergoing the tests
11 shall be responsible for the costs of the tests. The funds
12 collected for the tests shall be applied against the contract
13 for such testing between the board and a testing laboratory
14 approved by the Department of Health. Said board shall have the
15 power during the period for which a person shall have been
16 sentenced to recommit one paroled for violation of the terms and
17 conditions of his parole and from time to time to reparole and
18 recommit in the same manner and with the same procedure as in
19 the case of an original parole or recommitment, if, in the
20 judgment of the said board, there is a reasonable probability
21 that the convict will be benefited by again according him
22 liberty and it does not appear that the interests of the
23 Commonwealth will be injured thereby.
24 SECTION 1. SECTION 18 OF THE ACT OF AUGUST 6, 1941 (P.L.861, <--
25 NO.323), REFERRED TO AS THE PENNSYLVANIA BOARD OF PROBATION AND
26 PAROLE LAW, IS AMENDED TO READ:
27 SECTION 18. IT SHALL BE THE DUTY OF THE COURT SENTENCING ANY
28 PERSON FOR A TERM, AS TO WHICH POWER TO PAROLE IS HEREIN GIVEN
29 TO THE BOARD, TO TRANSMIT TO THE SAID BOARD, WITHIN THIRTY DAYS
30 AFTER THE IMPOSITION OF SUCH SENTENCE, A [FULL AND COMPLETE COPY
19980S1239B2307 - 3 -
1 OF THE RECORD UPON WHICH SENTENCE IS IMPOSED, INCLUDING ANY
2 NOTES OF TESTIMONY] COPY OF THE NOTES OF TESTIMONY OF THE
3 SENTENCING HEARING WHICH MAY HAVE BEEN FILED OF RECORD IN THE
4 CASE, TOGETHER WITH COPIES OF ANY CRIMINAL IDENTIFICATION
5 RECORDS SECURED FROM THE FEDERAL BUREAU OF INVESTIGATION, COPIES
6 OF PRESENTENCE INVESTIGATION REPORTS AND OF BEHAVIOR CLINIC
7 REPORTS, IF ANY WERE SUBMITTED TO THE COURT, THE LAST TWO OF
8 WHICH RECORDS, BEING CONFIDENTIAL RECORDS OF THE COURT, ARE TO
9 BE TREATED CONFIDENTIALLY BY THE MEMBERS OF THE BOARD, WHO SHALL
10 NOT PERMIT EXAMINATION OF THE SAME BY ANY ONE OTHER THAN ITS
11 DULY APPOINTED AGENTS OR REPRESENTATIVES, EXCEPT UPON COURT
12 ORDER. A JUDGE IN HIS DISCRETION MAY MAKE AT ANY TIME ANY
13 RECOMMENDATION HE MAY DESIRE TO THE BOARD RESPECTING THE PERSON
14 SENTENCED AND THE TERM OF IMPRISONMENT SAID JUDGE BELIEVES SUCH
15 PERSON SHOULD BE REQUIRED TO SERVE BEFORE A PAROLE IS GRANTED TO
16 HIM, BUT A RECOMMENDATION MADE BY A JUDGE AS AFORESAID
17 RESPECTING THE PAROLE OR TERMS OF PAROLE OF SUCH PERSON SHALL BE
18 ADVISORY ONLY, AND NO ORDER IN RESPECT THERETO MADE OR ATTEMPTED
19 TO BE MADE AS A PART OF A SENTENCE SHALL BE BINDING UPON THE
20 BOARD IN PERFORMING THE DUTIES AND FUNCTIONS HEREIN CONFERRED
21 UPON IT.
22 SECTION 2. SECTION 19 OF THE ACT, AMENDED OCTOBER 9, 1986
23 (P.L.1424, NO.134), IS AMENDED TO READ:
24 SECTION 19. IT SHALL BE THE DUTY OF THE BOARD, UPON THE
25 COMMITMENT TO PRISON OF ANY PERSON WHOM SAID BOARD IS HEREIN
26 GIVEN THE POWER TO PAROLE, TO [INVESTIGATE AND INFORM ITSELF
27 RESPECTING THE CIRCUMSTANCES OF THE OFFENSE FOR WHICH SAID
28 PERSON SHALL HAVE BEEN SENTENCED, AND, IN ADDITION THERETO, IT
29 SHALL PROCURE INFORMATION AS FULL AND COMPLETE AS MAY BE
30 OBTAINABLE WITH REGARD TO THE CHARACTER, MENTAL CHARACTERISTICS,
19980S1239B2307 - 4 -
1 HABITS, ANTECEDENTS, CONNECTIONS AND ENVIRONMENT OF SUCH
2 PERSON.] CONSIDER THE NATURE AND CIRCUMSTANCES OF THE OFFENSE
3 COMMITTED, ANY RECOMMENDATIONS MADE BY THE TRIAL JUDGE AND
4 PROSECUTING ATTORNEY, THE GENERAL CHARACTER AND BACKGROUND OF
5 THE PRISONER, PARTICIPATION BY A PRISONER WHO IS SERVING A <--
6 SENTENCE FOR A CRIME OF VIOLENCE AS DEFINED IN 42 PA.C.S. §
7 9714(G) (RELATING TO SENTENCES FOR SECOND AND SUBSEQUENT
8 OFFENSES) IN A VICTIM IMPACT EDUCATION PROGRAM OFFERED BY THE
9 DEPARTMENT OF CORRECTIONS AND THE WRITTEN OR PERSONAL STATEMENT
10 OF THE TESTIMONY OF THE VICTIM OR THE VICTIM'S FAMILY SUBMITTED
11 PURSUANT TO SECTION 22.1 OF THIS ACT. THE BOARD SHALL FURTHER
12 [PROCURE] CONSIDER THE [STENOGRAPHIC RECORD] NOTES OF TESTIMONY
13 OF THE SENTENCING HEARING, IF ANY, [OF THE TRIAL, CONVICTION AND
14 SENTENCE,] TOGETHER WITH SUCH ADDITIONAL INFORMATION REGARDING
15 THE [CRIME] NATURE AND CIRCUMSTANCES OF THE OFFENSE COMMITTED
16 FOR WHICH SENTENCE WAS IMPOSED AS MAY BE AVAILABLE. THE BOARD
17 SHALL FURTHER CAUSE THE CONDUCT OF THE PERSON WHILE IN PRISON
18 AND HIS PHYSICAL, MENTAL AND BEHAVIOR CONDITION AND HISTORY, HIS
19 HISTORY OF FAMILY VIOLENCE AND HIS COMPLETE CRIMINAL RECORD, AS
20 FAR AS THE SAME MAY BE KNOWN, TO BE [INVESTIGATED AND] REPORTED
21 AND INVESTIGATED. ALL PUBLIC OFFICIALS HAVING POSSESSION OF SUCH
22 RECORDS OR INFORMATION ARE HEREBY REQUIRED AND DIRECTED TO
23 FURNISH THE SAME TO THE BOARD UPON ITS REQUEST AND WITHOUT
24 CHARGE THEREFOR[. SAID INVESTIGATION SHALL BE MADE BY THE BOARD]
25 SO FAR AS MAY BE PRACTICABLE WHILE THE CASE IS RECENT.[, AND IN
26 GRANTING PAROLES THE BOARD SHALL CONSIDER THE NATURE AND
27 CHARACTER OF THE OFFENSE COMMITTED, ANY RECOMMENDATION MADE BY
28 THE TRIAL JUDGE, THE GENERAL CHARACTER AND HISTORY OF THE
29 PRISONER AND THE WRITTEN OR PERSONAL STATEMENT OR TESTIMONY OF
30 THE VICTIM OR THE VICTIM'S FAMILY SUBMITTED PURSUANT TO SECTION
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1 22.1 OF THIS ACT.
2 THE BOARD SHALL, IN ALL CASES, CONSIDER THE RECOMMENDATIONS
3 OF THE TRIAL JUDGE AND OF THE DISTRICT ATTORNEY AND OF EACH
4 WARDEN OR SUPERINTENDENT, AS THE CASE MAY BE, WHO HAS HAD CHARGE
5 OF AN APPLICANT, EACH OF WHOM IS DIRECTED TO SUBMIT TO THE BOARD
6 HIS RECOMMENDATION AND THE REASONS THEREFOR, WITH RESPECT TO
7 EACH PAROLE APPLICATION.]
8 SECTION 3. SECTION 21 OF THE ACT, AMENDED JUNE 11, 1998
9 (P.L.461, NO.66), IS AMENDED TO READ:
10 SECTION 21. (A) THE BOARD IS HEREBY AUTHORIZED TO RELEASE
11 ON PAROLE ANY CONVICT CONFINED IN ANY PENAL INSTITUTION OF THIS
12 COMMONWEALTH AS TO WHOM POWER TO PAROLE IS HEREIN GRANTED TO THE
13 BOARD, EXCEPT CONVICTS CONDEMNED TO DEATH OR SERVING LIFE
14 IMPRISONMENT, WHENEVER IN ITS OPINION THE BEST INTERESTS OF THE
15 CONVICT JUSTIFY OR REQUIRE HIS BEING PAROLED AND IT DOES NOT
16 APPEAR THAT THE INTERESTS OF THE COMMONWEALTH WILL BE INJURED
17 THEREBY. PAROLE SHALL BE SUBJECT IN EVERY INSTANCE TO THE
18 COMMONWEALTH'S RIGHT TO IMMEDIATELY RETAKE AND HOLD IN CUSTODY
19 WITHOUT FURTHER PROCEEDINGS ANY PAROLEE CHARGED AFTER HIS PAROLE
20 WITH AN ADDITIONAL OFFENSE, UNTIL A DETERMINATION CAN BE MADE
21 WHETHER TO CONTINUE HIS PAROLE STATUS. THE POWER TO PAROLE
22 HEREIN GRANTED TO THE BOARD OF PAROLE MAY NOT BE EXERCISED IN
23 THE BOARD'S DISCRETION AT ANY TIME BEFORE, BUT ONLY AFTER, THE
24 EXPIRATION OF THE MINIMUM TERM OF IMPRISONMENT FIXED BY THE
25 COURT IN ITS SENTENCE OR BY THE PARDON BOARD IN A SENTENCE WHICH
26 HAS BEEN REDUCED BY COMMUTATION.
27 (B) THE BOARD MAY NOT RELEASE A PERSON ON PAROLE UNLESS THE
28 PERSON ACHIEVES A NEGATIVE RESULT WITHIN FORTY-FIVE DAYS PRIOR
29 TO THE DATE OF RELEASE IN A SCREENING TEST APPROVED BY THE
30 DEPARTMENT OF HEALTH FOR THE DETECTION OF THE PRESENCE OF
19980S1239B2307 - 6 -
1 CONTROLLED SUBSTANCES OR DESIGNER DRUGS UNDER THE ACT OF APRIL
2 14, 1972 (P.L.233, NO.64), KNOWN AS "THE CONTROLLED SUBSTANCE,
3 DRUG, DEVICE AND COSMETIC ACT." THE COST OF THESE PRE-PAROLE
4 DRUG SCREENING TESTS FOR INMATES SUBJECT TO THE PAROLE RELEASE
5 JURISDICTION OF THE BOARD, WHETHER CONFINED IN A STATE OR LOCAL
6 CORRECTIONAL FACILITY, SHALL BE PAID BY THE BOARD. THE BOARD
7 SHALL ESTABLISH RULES AND REGULATIONS FOR THE PAYMENT OF THESE
8 COSTS AND MAY LIMIT THE TYPES AND COST OF THESE SCREENING TESTS
9 THAT WOULD BE SUBJECT TO PAYMENT BY THE BOARD. THE BOARD SHALL
10 ESTABLISH, AS A CONDITION OF CONTINUED PAROLE FOR A PAROLEE WHO,
11 AS AN INMATE, TESTED POSITIVE FOR THE PRESENCE OF A CONTROLLED
12 SUBSTANCE OR A DESIGNER DRUG OR WHO WAS PAROLED FROM A SENTENCE
13 ARISING FROM A CONVICTION UNDER "THE CONTROLLED SUBSTANCE, DRUG,
14 DEVICE AND COSMETIC ACT," OR FROM A DRUG-RELATED CRIME, THE
15 PAROLEE'S ACHIEVEMENT OF NEGATIVE RESULTS IN SUCH SCREENING
16 TESTS RANDOMLY APPLIED. THE RANDOM SCREENING TESTS SHALL BE
17 PERFORMED AT THE DISCRETION OF THE BOARD, AND THE PAROLEE
18 UNDERGOING THE TESTS SHALL BE RESPONSIBLE FOR THE COSTS OF THE
19 TESTS. THE FUNDS COLLECTED FOR THE TESTS SHALL BE APPLIED
20 AGAINST THE CONTRACT FOR SUCH TESTING BETWEEN THE BOARD AND A
21 TESTING LABORATORY APPROVED BY THE DEPARTMENT OF HEALTH.
22 (B.1) THE BOARD MAY NOT RELEASE A PERSON WHO IS SERVING A <--
23 SENTENCE FOR A CRIME OF VIOLENCE AS DEFINED IN 42 PA.C.S. §
24 9714(G) (RELATING TO SENTENCES FOR SECOND AND SUBSEQUENT
25 OFFENSES) ON PAROLE UNLESS THE PERSON HAS RECEIVED INSTRUCTION
26 FROM THE DEPARTMENT OF CORRECTIONS ON THE IMPACT OF CRIME ON
27 VICTIMS AND THE COMMUNITY.
28 (C) THE BOARD SHALL HAVE THE POWER DURING THE PERIOD FOR
29 WHICH A PERSON SHALL HAVE BEEN SENTENCED TO RECOMMIT ONE PAROLED
30 FOR VIOLATION OF THE TERMS AND CONDITIONS OF HIS PAROLE AND FROM
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1 TIME TO TIME TO REPAROLE AND RECOMMIT IN THE SAME MANNER AND
2 WITH THE SAME PROCEDURE AS IN THE CASE OF AN ORIGINAL PAROLE OR
3 RECOMMITMENT, IF, IN THE JUDGMENT OF THE BOARD, THERE IS A
4 REASONABLE PROBABILITY THAT THE CONVICT WILL BE BENEFITED BY
5 AGAIN ACCORDING HIM LIBERTY AND IT DOES NOT APPEAR THAT THE
6 INTERESTS OF THE COMMONWEALTH WILL BE INJURED THEREBY.
7 (D) WHEN THE BOARD RELEASES A PAROLEE FROM A STATE OR LOCAL
8 CORRECTIONAL FACILITY, THE BOARD SHALL PROVIDE WRITTEN NOTICE TO
9 THE PROBATION DEPARTMENT LOCATED IN THE COUNTY WHERE THE
10 SENTENCING ORDER WAS IMPOSED OF THE RELEASE AND NEW ADDRESS OF
11 THE PAROLEE.
12 Section 2 4. Section 21.1 of the act is amended by adding a <--
13 subsection to read:
14 Section 21.1. * * *
15 (a.1) Subsequent Arrest. The formal filing of a charge after
16 parole against any parolee within this Commonwealth for any
17 violation of the statutes of this Commonwealth shall constitute
18 an automatic detainer and permit him to be taken into and held
19 in custody. The automatic detainer shall dissolve on the
20 fifteenth day after he is taken into custody, unless sooner
21 waived or otherwise superseded by direction of the supervising
22 parole office. The automatic detainer shall be in addition to
23 and not in lieu of any other detainer that heretofore may have
24 been lodged in such circumstances.
25 * * *
26 Section 3 5. Section 33 of the act, amended December 18, <--
27 1996 (P.L.1098, No.164), is amended to read:
28 Section 33. (a) (1) In compliance with the Federal <--
29 Interstate Compact Laws and the provisions of this section, the
30 [Parole Board] Pennsylvania Board of Probation and Parole is
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1 authorized to supervise persons paroled by other states and now
2 residing in Pennsylvania, where such other states agree to
3 perform similar services for the Pennsylvania Board of Probation
4 and Parole.
5 (2) (B) Additionally, the [Parole Board] Pennsylvania Board <--
6 of Probation and Parole is authorized to relinquish jurisdiction
7 over a parolee to the proper Federal authorities where the
8 parolee is placed into the [Federal] Witness Protection Program
9 of the United States Department of Justice.
10 (b) The contracting states must adhere to Pennsylvania's <--
11 laws regarding the Interstate Compact, which are as follows:
12 (1) The contracting states solemnly agree that it is
13 competent for the duly constituted judicial and administrative
14 authorities of a state party to this compact, herein called
15 "sending state," to permit any person convicted of an offense
16 within such state and placed on probation or released on parole
17 to reside in any other state, herein called "receiving state,"
18 while on probation or parole, if:
19 (i) a confirmed offer of viable employment or other
20 verifiable means of support exists; and
21 (ii) a residence approved by the receiving state is
22 available.
23 (2) The following information must be made available to the
24 receiving state from the sending state at the time the
25 application for acceptance to the receiving state is filed:
26 (i) Institutional adjustment information on parolees or
27 probationers.
28 (ii) Current supervision history on parolees or
29 probationers.
30 (iii) A psychological report or psychological update,
19980S1239B2307 - 9 -
1 completed no more than one year prior to the receiving state's
2 consideration for persons convicted of a violent offense.
3 (iv) The following information must be made available to the
4 receiving state for those cases defined as a sexual offense:
5 (A) a summary of any type of treatment received and dates of
6 completion; and
7 (B) a description of behavioral characteristics that may
8 have contributed to the parolee or probationer's conduct.
9 (3) Any parolee or probationer convicted of a sexual offense
10 shall be required to:
11 (i) submit to mandatory registration and public notification
12 of all current addresses with the Pennsylvania State Police;
13 (ii) provide a signed copy of Pennsylvania State Police
14 Sexual Offender Registration Notification form and Pennsylvania
15 State Police Sexual Offender Registration form to receiving
16 state; and
17 (iii) provide a signed copy of Addendum to Application for
18 Compact Services/Agreement to Return form to receiving state.
19 (4) Except as hereafter provided, the receiving state shall
20 not consider the acceptance of supervision if the parolee is
21 already physically present in this State. Investigation and
22 consideration of a case shall occur only after the parolee
23 returns to the sending state and proper application is filed.
24 The receiving state may consider the acceptance of supervision
25 if the probationer is already physically present in this State,
26 where the probationer has established domicile in the receiving
27 state before adjudication on the criminal offense.
28 (5) Electronic monitoring and/or other special conditions of
29 supervision shall be imposed as deemed necessary by the
30 receiving state.
19980S1239B2307 - 10 -
1 (6) At the request of the receiving state, the sending state
2 shall agree to retake the parolee or probationer if that
3 individual violates any condition of probation or parole.
4 (c) (B) Any person who is on parole or probation in another <--
5 SECTION 6. THE ACT IS AMENDED BY ADDING A SECTION TO READ: <--
6 SECTION 33.1. ANY PERSON WHO IS ON PAROLE OR PROBATION IN
7 ANOTHER state and who resides in this Commonwealth in violation
8 of this section 33 commits a misdemeanor of the first degree and <--
9 shall be sentenced to pay a fine of not more than ten thousand
10 dollars ($10,000) or to imprisonment for not more than five
11 years, or both.
12 (d) As used in this section, the following words and phrases <--
13 shall have the meanings given to them in this subsection:
14 "Other verifiable means of support." The term includes, but
15 is not limited to, support by parent, grandparent, sibling,
16 spouse or adult child. The term shall not include public
17 assistance.
18 "Sexual offense."
19 (1) Any of the following or equivalent offenses that is
20 classified as a felony and involves a victim who is a minor:
21 18 Pa.C.S. § 2901 (relating to kidnapping).
22 18 Pa.C.S. § 5902(b) (relating to prostitution and
23 related offenses).
24 18 Pa.C.S. § 5903(a)(3), (4), (5) or (6) (relating to
25 obscene and other sexual materials and performances).
26 (2) Any of the following or equivalent offenses that is
27 classified as a felony and involves a victim who is less than
28 thirteen years of age:
29 18 Pa.C.S. § 3126 (relating to indecent assault).
30 (3) Any of the following or equivalent offenses, regardless
19980S1239B2307 - 11 -
1 of the victim's age:
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. § 3125 (relating to aggravated indecent
6 assault).
7 "Violent offense." Any of the following or equivalent
8 (C) AS USED IN THIS SECTION, THE TERM "VIOLENT OFFENSE" <--
9 MEANS ANY OF THE FOLLOWING OR EQUIVALENT offenses:
10 18 Pa.C.S. § 2502 (relating to murder).
11 18 Pa.C.S. § 2503 (relating to voluntary manslaughter).
12 18 Pa.C.S. § 2702 (relating to aggravated assault).
13 18 Pa.C.S. § 2703 (relating to assault by prisoner).
14 18 Pa.C.S. § 2704 (relating to assault by life prisoner).
15 18 Pa.C.S. § 2901 (relating to kidnapping) where the
16 victim is a minor.
17 18 Pa.C.S. § 3121 (relating to rape).
18 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual
19 intercourse).
20 18 Pa.C.S. § 3301 (relating to arson and related
21 offenses).
22 18 Pa.C.S. § 3502 (relating to burglary).
23 18 Pa.C.S. § 3701 (relating to robbery).
24 18 Pa.C.S. § 3923 (relating to theft by extortion) where
25 a threat of violence is made.
26 A criminal attempt, criminal solicitation or criminal
27 conspiracy to commit any offenses set forth in this clause.
28 SECTION 7. THE FOLLOWING PROVISIONS SHALL APPLY TO <--
29 INDIVIDUALS SENTENCED ON OR AFTER THE EFFECTIVE DATE OF THIS
30 ACT:
19980S1239B2307 - 12 -
1 (1) THE AMENDMENT OF SECTION 19 OF THE ACT WHICH
2 REQUIRES CONSIDERATION OF PARTICIPATION IN DEPARTMENT OF
3 CORRECTIONS VICTIM IMPACT EDUCATION PROGRAMS BY INDIVIDUALS
4 SENTENCED FOR CRIMES OF VIOLENCE UNDER 42 PA.C.S. § 9714(G).
5 (2) THE ADDITION OF SECTION 21(B.1) OF THE ACT.
6 Section 4 6 7 8. This act shall take effect in 60 days. <--
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