PRINTER'S NO. 543
No. 505 Session of 2001
INTRODUCED BY O'BRIEN, BARRAR, BASTIAN, BELARDI, CASORIO, CLARK,
L. I. COHEN, CRUZ, EGOLF, GEIST, GODSHALL, KENNEY, MELIO,
MICOZZIE, R. MILLER, ORIE, PIPPY, SAINATO, B. SMITH, STERN,
E. Z. TAYLOR, J. TAYLOR, THOMAS, WILT AND WOJNAROSKI,
FEBRUARY 6, 2001
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 6, 2001
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for driving under the influence;
3 and providing for parole conditions for certain offenses.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 3731(e) of Title 75 of the Pennsylvania
7 Consolidated Statutes is amended by adding paragraphs to read:
8 § 3731. Driving under influence of alcohol or controlled
9 substance.
10 * * *
11 (e) Penalty.--
12 * * *
13 (1.1) The court, as part of its sentence of any person
14 convicted of a misdemeanor of the first degree under this
15 section, shall impose a mandatory maximum term of
16 imprisonment of not less than four years. Nothing in this
17 subsection shall be construed to authorize a sentence which
1 exceeds the maximum term prescribed by law for misdemeanors
2 of the first degree.
3 (1.2) Notwithstanding the length of any maximum term of
4 imprisonment, the sentencing judge may in the judge's
5 discretion subject any person convicted of a violation of
6 this section to the supervision of the county parole system.
7 * * *
8 Section 2. Title 75 is amended by adding a section to read:
9 § 3731.2. Parole conditions for certain offenses.
10 (a) General rule.--A person convicted of a third or
11 subsequent offense for a violation of section 3731 (relating to
12 driving under influence of alcohol or controlled substance)
13 shall be eligible for parole in accordance with the terms and
14 conditions prescribed in this section following the expiration
15 of that person's mandatory minimum term of imprisonment.
16 (b) Refrain from alcohol, etc.--The offender shall refrain
17 from the use of alcohol or illegal controlled substances and
18 shall refrain from the abuse of prescription drugs, over-the-
19 counter drugs or any other substances as a condition of parole.
20 (c) Assessment.--The offender shall be assessed for alcohol
21 and drug abuse and addiction prior to being released on parole.
22 The assessment shall be conducted by one of the following: the
23 Department of Health or its designee; the county agency with
24 responsibility for county drug and alcohol treatment programs or
25 its designee; or the clinical personnel of a facility licensed
26 by the Department of Health for the conduct of drug and alcohol
27 treatment programs. This assessment shall consider issues of
28 public safety and shall include recommendations for length of
29 stay, levels of care and follow-up care and monitoring. All
30 persons assessed to be in need of alcohol or drug treatment must
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1 participate in and cooperate with a licensed drug and alcohol
2 treatment program in accordance with the assessment as a
3 condition of parole.
4 (d) Treatment programs.--
5 (1) Nothing in this section shall prevent a treatment
6 program from refusing to accept a criminal justice referral
7 if the program administrator deems the offender to be
8 inappropriate for admission to the program.
9 (2) A treatment program shall retain the right to
10 immediately discharge into the custody of the assigned parole
11 officer any offender who fails to comply with program rules
12 and treatment expectations or who refuses to constructively
13 engage in the treatment process.
14 (e) Progress reports.--
15 (1) If a parolee has been ordered to participate in a
16 treatment program under this section, the designated
17 treatment program shall report periodically to the assigned
18 parole officer on the parolee's progress in the treatment
19 program. The designated treatment program shall promptly
20 notify the parole officer if the parolee:
21 (i) fails to comply with program rules and treatment
22 expectations;
23 (ii) refuses to constructively engage in the
24 treatment process; or
25 (iii) without authorization terminates participation
26 in the treatment program.
27 (2) Upon notification, the parole officer shall promptly
28 report the parolee's actions to the appropriate parole
29 authority, which shall immediately schedule a revocation
30 hearing at which the appropriate parole authority shall give
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1 due consideration to the recommendation of the parole officer
2 and the treatment program.
3 (f) Enforcement.--
4 (1) Notwithstanding any other provision of law, an
5 offender ordered to participate in a treatment program under
6 this section who fails to comply with program rules and
7 treatment expectations, who refuses to constructively engage
8 in the treatment process or who without authorization
9 terminates participation in the treatment program shall have
10 the offender's parole, prerelease, work release or any other
11 release status revoked and shall be ineligible for parole,
12 prerelease, work release or any other release from the
13 correctional facility prior to the expiration of the
14 offender's maximum term unless or until the offender is
15 permitted to be readmitted to a treatment program under
16 subsection (c).
17 (2) Nothing in this section shall be construed to grant
18 a legal right to parole to a person previously ineligible for
19 parole under this subsection, on the grounds that the person
20 is currently prepared to participate in, comply with and
21 constructively engage in the treatment process. Under such
22 circumstances, parole or reparole of the person shall be at
23 the appropriate parole authority's discretion.
24 (g) Follow-up.--After an offender has completed the
25 treatment program, the parole officer shall take reasonable
26 steps to ensure that the offender does not use alcohol or
27 illegal controlled substances or abuse prescription drugs, over-
28 the-counter drugs or any other substances. These reasonable
29 steps may include, but are not limited to, requiring
30 verification of regular participation in 12-step meetings,
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1 chemical testing and periodic reassessment of the person by the
2 treatment program.
3 (h) Fees.--
4 (1) The appropriate parole authority shall impose upon a
5 person subject to this section reasonable fees to cover the
6 cost of any of the following:
7 (i) Chemical testing of the person required or
8 ordered under this section.
9 (ii) Assessment of the person required or ordered
10 under this section.
11 (iii) Drug or alcohol treatment provided in
12 accordance with such an assessment.
13 (2) If the appropriate parole authority finds the
14 offender to be indigent, it shall require the offender to pay
15 as much of the fee as is consistent with the offender's
16 ability to pay.
17 (i) Additional funding.--In order to support and augment the
18 diagnostic assessment and treatment services provided under this
19 section, the Department of Health, the Department of
20 Transportation and the Pennsylvania Commission on Crime and
21 Delinquency shall seek all available Federal funding, including,
22 but not limited to, funds available through the United States
23 Department of Justice, the National Institute of Justice, the
24 National Highway Traffic Safety Administration and the
25 Department of Health and Human Services.
26 Section 3. The addition of 75 Pa.C.S. §§ 3731(e)(1.1) and
27 3731.2 shall apply to any offense graded as a misdemeanor of the
28 first degree under 75 Pa.C.S. § 3731 committed on or after the
29 effective date of this act.
30 Section 4. This act shall take effect in 60 days.
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