PRINTER'S NO. 1780
No. 1434 Session of 2003
INTRODUCED BY GANNON, BEBKO-JONES, BELFANTI, BENNINGHOFF,
BISHOP, BROWNE, BUNT, CAWLEY, CRAHALLA, DALEY, DALLY,
DERMODY, DeWEESE, J. EVANS, FRANKEL, FREEMAN, GEORGE, HARHAI,
HARPER, HENNESSEY, HERMAN, JAMES, KOTIK, LAUGHLIN, LEACH,
LEDERER, MANDERINO, MANN, McNAUGHTON, MELIO, S. MILLER,
NAILOR, O'NEILL, PETRARCA, ROSS, SANTONI, STERN,
R. STEVENSON, THOMAS, VANCE, WALKO, WANSACZ, WASHINGTON,
WATSON, WEBER AND YOUNGBLOOD, MAY 12, 2003
REFERRED TO COMMITTEE ON JUDICIARY, MAY 12, 2003
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 sentencing generally; providing for confinement with drug
4 treatment; and establishing the Drug Treatment for Offenders
5 Program.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 9721(a) and (a.1) of Title 42 of the
9 Pennsylvania Consolidated Statutes are amended to read:
10 § 9721. Sentencing generally.
11 (a) General rule.--In determining the sentence to be imposed
12 the court shall, except as provided in subsection (a.1),
13 consider and select one or more of the following alternatives,
14 and may impose them consecutively or concurrently:
15 (1) An order of probation.
16 (2) A determination of guilt without further penalty.
1 (3) Partial confinement.
2 (4) Total confinement.
3 (5) A fine.
4 (6) Intermediate punishment.
5 (7) Probation with commitment to a drug offender
6 treatment program as described in Chapter 99 (relating to
7 drug treatment for offenders).
8 (a.1) Exception.--Unless specifically authorized under
9 section 9763 (relating to sentence of intermediate punishment)
10 or section 9729.1 (relating to confinement with drug treatment),
11 subsection (a) shall not apply where a mandatory minimum
12 sentence is otherwise provided by law.
13 * * *
14 Section 2. Title 42 is amended by adding a section to read:
15 § 9729.1. Confinement with drug treatment.
16 (a) General rule.--Upon motion of the Commonwealth, the
17 court may sentence an eligible offender to probation with
18 commitment to a drug offender treatment program established
19 under Chapter 99 (relating to drug treatment for offenders). The
20 court shall not impose a sentence under this section unless the
21 department determines that the eligible offender would benefit
22 from a drug offender treatment program and provides a proposed
23 drug offender treatment program for the eligible offender to the
24 court and the attorney for the Commonwealth agrees to such a
25 sentence.
26 (b) Imposition of sentence.--
27 (1) Prior to imposing a sentence, the court may, upon
28 motion of the Commonwealth, commit an eligible offender to
29 the custody of the department for the purpose of evaluating
30 whether the eligible offender would benefit from a drug
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1 offender treatment program established under Chapter 99.
2 (2) Upon committing an eligible offender to the
3 department, the court shall forward to the department:
4 (i) A summary of the offense for which the eligible
5 offender has been convicted.
6 (ii) Information relating to the eligible offender's
7 history of delinquency or criminality, when available.
8 (iii) Information relating to the eligible
9 offender's history of drug or alcohol abuse or addiction,
10 when available.
11 (iv) A presentence investigation report, when
12 available.
13 (v) Any other information the court deems relevant
14 to assist the department with its assessment of the
15 eligible offender.
16 (c) Assessment of addiction.--
17 (1) The department shall conduct an assessment of the
18 addiction and other treatment needs of the eligible offender
19 and determine whether the eligible offender would benefit
20 from a drug treatment program. The assessment shall be
21 conducted using a nationally recognized assessment instrument
22 or an instrument that has been normed and validated on the
23 department's inmate population by a recognized expert in such
24 matters. The assessment instrument shall be administered by
25 persons skilled in the treatment of drug and alcohol
26 addiction and trained to conduct assessments. The assessment
27 shall be reviewed and approved by a supervisor with at least
28 three years of experience providing drug and alcohol
29 counseling services.
30 (2) The department shall conduct risk and other
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1 assessments it deems appropriate and shall provide a report
2 of its assessment to the court and the attorney for the
3 Commonwealth within 60 days of the court's remanding the
4 eligible offender to the department.
5 (d) Proposed drug offender treatment program.--
6 (1) If the department, in its discretion, believes the
7 eligible offender would benefit from a drug offender
8 treatment program, the department shall provide the court and
9 the attorney for the Commonwealth with a proposed drug
10 offender treatment program detailing the type of treatment
11 proposed. The drug offender treatment program must provide a
12 continuum of treatment consisting of a minimum of three
13 months of treatment in an institutional therapeutic
14 community, followed by a minimum of two months and a maximum
15 of five months of treatment through a community-based
16 therapeutic community, followed by an additional period of at
17 least four months and a maximum of 12 months of treatment in
18 an outpatient addiction treatment program.
19 (2) During the outpatient addiction treatment portion of
20 the drug offender treatment program, the offender may be
21 housed in a community corrections center, group home or
22 approved transitional residence. In such cases the offender
23 must comply with any conditions established by the
24 department.
25 (3) The duration of the proposed total drug offender
26 treatment program shall not be less than 15 months nor
27 greater than 24 months. The actual number of months served
28 for the total program and its individual components shall be
29 individually determined and based upon assessed need and
30 offender progress in the drug offender treatment program as
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1 determined by the department.
2 (e) Prerequisites for commitment.--Upon receipt of a
3 recommendation for placement in a drug offender treatment
4 program from the department, and agreement of the attorney for
5 the Commonwealth, the court may sentence the eligible offender
6 to a definite period of 24 months probation, a condition of
7 which shall be that the eligible offender be committed for a
8 minimum of 15 months to a drug offender treatment program if the
9 court finds that:
10 (1) the eligible offender is likely to benefit from the
11 proposed drug offender treatment program;
12 (2) public safety would be enhanced by the eligible
13 offender's participation in the drug offender treatment
14 program; and
15 (3) sentencing the eligible offender to probation with
16 commitment to a drug offender treatment program would not
17 depreciate the seriousness of the offense.
18 (f) Applicability and program limitations.--
19 (1) The provisions of section 9756(b) (relating to
20 sentence of total confinement) shall not apply to the total
21 duration of the drug offender treatment program or the
22 specific periods of confinement in a State correctional
23 institution and prerelease components of a drug offender
24 treatment program.
25 (2) The court may not modify or alter the terms of the
26 department's proposed drug offender treatment program without
27 the agreement of the department and the attorney for the
28 Commonwealth. The total duration of the drug offender
29 treatment program may not exceed the maximum term for which
30 the eligible offender could otherwise be sentenced.
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1 (3) The court may impose a consecutive period of
2 postprogram probation following the eligible offender's
3 successful completion of the drug offender treatment program.
4 (4) Notwithstanding section 17 of the act of August 6,
5 1941 (P.L.861, No.323), referred to as the Pennsylvania Board
6 of Probation and Parole Law, any remaining period of
7 probation upon successful completion of the drug offender
8 treatment program and any postprogram probationary period
9 shall be supervised by the sentencing court.
10 (g) Videoconferencing.--The department shall make
11 videoconferencing facilities available to allow the court to
12 conduct proceedings necessary under this section when the
13 eligible offender has been committed to the custody of the
14 department pursuant to subsection (b).
15 (h) Sentence following failure to complete or expulsion from
16 a drug offender treatment program.--
17 (1) Notwithstanding any other provision of law requiring
18 notice prior to sentencing, if an eligible offender fails to
19 complete or is expelled from a drug offender treatment
20 program established pursuant to Chapter 99 or otherwise
21 violates the terms of probation, the attorney for the
22 Commonwealth may file notice at any time prior to
23 resentencing of the Commonwealth's intention to proceed under
24 an applicable provision of law requiring a mandatory minimum
25 sentence, if the original offense is subject to such a
26 sentence.
27 (2) The court, upon determining that the eligible
28 offender failed to complete or was expelled from the drug
29 offender treatment program established by Chapter 99 or
30 otherwise violated the terms of probation, may not impose a
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1 sentence which exceeds the maximum statutory limit allowed by
2 law.
3 (i) Definitions.--As used in this section, the following
4 words and phrases shall have the meanings given to them in this
5 subsection:
6 "Department." The Department of Corrections of the
7 Commonwealth.
8 "Eligible offender." The term shall have the meaning given
9 to it in Chapter 99 (relating to drug treatment for offenders).
10 Section 3. Title 42 is amended by adding a chapter to read:
11 CHAPTER 99
12 DRUG TREATMENT FOR OFFENDERS
13 Sec.
14 9901. Short title of chapter.
15 9902. Findings and purpose.
16 9903. Definitions.
17 9904. Drug Offender Treatment Program.
18 9905. Reports.
19 9906. Construction.
20 § 9901. Short title of chapter.
21 This chapter shall be known and may be cited as the Drug
22 Treatment for Offenders Act.
23 § 9902. Findings and purpose.
24 The General Assembly finds as follows:
25 (1) Many crimes are committed by persons who, because of
26 their addiction to drugs or alcohol, are unable to maintain
27 gainful employment.
28 (2) These persons often commit crimes as a means of
29 obtaining the funds necessary to purchase drugs or alcohol.
30 (3) Many persons commit crimes while under the influence
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1 of drugs or alcohol even though they are not addicted to such
2 substances in a clinical sense.
3 (4) Punishing persons who commit crimes is an important
4 aspect of recognizing the harm that criminals visit upon
5 their victims.
6 (5) Many people who commit crimes will be able to become
7 law-abiding, contributing members of society if they are able
8 to obtain treatment for their drug or alcohol addiction or
9 abuse.
10 (6) The purpose of this chapter is to create a program
11 that punishes persons who commit crimes, but also provides
12 treatment that offers the opportunity for those persons to
13 address their drug or alcohol abuse and thereby reduce the
14 incidents of recidivism and enhance public safety.
15 § 9903 Definitions.
16 The following words and phrases when used in this chapter
17 shall have the meanings given to them in this section unless the
18 context clearly indicates otherwise:
19 "Commission." The Pennsylvania Commission on Sentencing.
20 "Community-based therapeutic community." A long-term
21 residential addiction treatment program licensed by the
22 Department of Health to provide addiction treatment services
23 using a therapeutic community model and determined by the
24 Department of Corrections to be qualified to provide addiction
25 treatment to eligible offenders.
26 "Community corrections center." A residential program that
27 is supervised and operated by the Department of Corrections for
28 inmates with prerelease status and who are on parole.
29 "Court." The trial judge exercising sentencing jurisdiction
30 over an eligible offender under this chapter.
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1 "Department." The Department of Corrections of the
2 Commonwealth.
3 "Drug Offender Treatment Program" or "program." An
4 individualized treatment program established by the Department
5 of Corrections consisting primarily of drug and alcohol
6 addiction treatment that satisfies the terms and conditions
7 listed in section 9904 (relating to Drug Offender Treatment
8 Program).
9 "Drug-related offense." A criminal offense for which an
10 eligible offender is convicted and that the court determines was
11 motivated by the eligible offender's consumption of or addiction
12 to a controlled substance, counterfeit, designer drug, drug,
13 immediate precursor or marihuana, as those terms are defined in
14 the act of April 14, 1972 (P.L.233, No.64), known as The
15 Controlled Substance, Drug, Device and Cosmetic Act, or by the
16 offender's consumption or addiction to alcohol.
17 "Eligible offender." Subject to section 9721(a.1) (relating
18 to sentencing generally), an offender designated by the
19 sentencing court as a person convicted of a drug-related offense
20 who:
21 (1) May be in need of addiction treatment.
22 (2) Would otherwise be sentenced to a State correctional
23 institution.
24 (3) Does not demonstrate a history of present or past
25 violent behavior.
26 (4) Has undergone an assessment performed by the
27 Department of Corrections which assessment has recommended
28 that the offender would benefit from commitment to a drug
29 offender treatment program.
30 The term shall not include an offender who is subject to a
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1 sentence the calculation of which includes an enhancement for
2 the use of a deadly weapon as defined pursuant to law or the
3 sentencing guidelines promulgated by the Pennsylvania Commission
4 on Sentencing, or an offender who was sentenced or is awaiting
5 sentence for any violation, attempted violation or conspiracy to
6 commit a personal injury crime as defined in section 103 of the
7 act of November 24, 1998 (P.L.882, No.111), known as the Crime
8 Victims Act.
9 "Group home." A residential program that is contracted out
10 by the Department of Corrections to a private service provider
11 for inmates with prerelease status and who are on parole.
12 "Institutional therapeutic community." A residential drug
13 treatment program using a therapeutic community model, conducted
14 in a State correctional institution where the treatment modality
15 is a purposive use of the community as the primary method for
16 facilitating social and psychological change.
17 "Outpatient addiction treatment program." An addiction
18 treatment program licensed by the Department of Health and
19 designated by the Department of Corrections as qualified to
20 provide addiction treatment to criminal justice offenders.
21 "Participant." An eligible offender actually sentenced to
22 probation with commitment to a drug offender treatment program
23 pursuant to section 9729.1 (relating to confinement with drug
24 treatment).
25 "Postprogram probationary period." An optional period of
26 probation following the 24-month definite period of probation
27 provided for in section 9729.1(e) (relating to confinement with
28 drug treatment).
29 "Remaining period of probation." That portion of the 24-
30 month definite probation period remaining after the Department
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1 of Corrections determines that the eligible offender has
2 successfully completed the drug offender treatment program and
3 released the eligible offender.
4 § 9904. Drug Offender Treatment Program.
5 (a) Establishment.--The department shall establish the Drug
6 Offender Treatment Program. The program may be administered only
7 at State correctional institutions, community corrections
8 centers or group homes, and community-based therapeutic
9 communities and outpatient addiction treatment programs
10 designated by the department as drug offender treatment centers.
11 (b) Terms and conditions.--The drug offender treatment
12 program shall include the following:
13 (1) The duration of the program shall not be less than
14 15 months nor more than 24 months, with the actual time of
15 any particular eligible offender's program being based upon
16 individually assessed needs and progress in the drug offender
17 treatment program as determined by the department.
18 (2) A period of confinement in a State correctional
19 institution of not less than six months of which not less
20 than three months shall be in an institutional therapeutic
21 community.
22 (3) A period of treatment through a community-based
23 therapeutic community of at least two to five months.
24 (4) An additional period of at least four to 12 months
25 treatment through an outpatient addiction treatment program.
26 During the outpatient addiction treatment portion of the drug
27 offender treatment program, the offender may be housed in a
28 community corrections center, group home or approved
29 transitional residence.
30 (5) A plan of drug and alcohol addiction treatment
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1 designed primarily to address the addiction of the eligible
2 offender, but which also may address other issues essential
3 to the offender's successful reintegration into the community
4 such as educational and employment issues.
5 (c) Participation.--
6 (1) An eligible offender sentenced pursuant to section
7 9729.1 (relating to confinement with drug treatment) may
8 participate in the program.
9 (2) The commission shall employ the term "eligible
10 offender" to further identify inmates who would be
11 appropriate for participation in the program. In developing
12 the guidelines, the commission shall give primary
13 consideration to protection of the public safety.
14 (3) Upon motion of the Commonwealth, the court shall
15 employ the sentencing guidelines to identify those offenders
16 who are eligible to participate in the program.
17 (4) The department shall develop written guidelines for
18 inmate selection criteria and the establishment of drug
19 offender treatment program selection committees within each
20 diagnostic and classification center of the department. The
21 guidelines shall not be subject to the act of June 25, 1982
22 (P.L.633, No.181), known as the Regulatory Review Act, and
23 shall be effective for a period of two years upon publication
24 in the Pennsylvania Bulletin. The guidelines shall be
25 replaced by regulations promulgated by the department
26 consistent with the Regulatory Review Act within the two-year
27 period during which the guidelines are effective.
28 (5) A participant shall provide a written consent
29 permitting release of information pertaining to the
30 participation in a drug offender treatment program. The
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1 consent shall permit information to be released to the
2 courts, other Federal and State criminal justice agencies and
3 to persons or organizations that are or may provide
4 continuing care or treatment to the participant.
5 (d) Completion of program.--
6 (1) (i) On or before the expiration of the minimum
7 period of the drug treatment program requiring
8 confinement in a State correctional institution, the
9 department shall determine whether a participant has
10 successfully completed the treatment recommended to occur
11 in an institutional therapeutic community. The department
12 may place the participant in a community-based
13 therapeutic community when the department determines that
14 the participant has satisfactorily completed the
15 treatment recommended to occur in the institutional
16 therapeutic community.
17 (ii) If the department determines that the
18 participant has not satisfactorily completed the
19 treatment recommended to occur in the institutional
20 therapeutic community, the department may continue to
21 confine the participant in a State correctional
22 institution until the participant has successfully
23 completed such treatment. If the department determines
24 that, after a period of continued confinement, the
25 offender is eligible for treatment in a community-based
26 therapeutic community, such treatment may commence in
27 accordance with the provisions of this chapter.
28 (2) (i) On or before the expiration of the minimum
29 period of treatment in a community-based therapeutic
30 community, the department shall determine whether a
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1 participant has successfully completed the treatment
2 recommended to occur in the community-based therapeutic
3 community. The department may place the participant in an
4 outpatient addiction treatment program when the
5 department determines that the participant has
6 satisfactorily completed the treatment recommended to
7 occur in a community-based therapeutic community.
8 (ii) If the department determines that the
9 participant has not satisfactorily completed the
10 treatment recommended to occur in a community-based
11 therapeutic community, the department may continue to
12 house the participant in a community-based therapeutic
13 community until the participant has successfully
14 completed such treatment. If the department determines
15 that, after a period of continued treatment in a
16 community-based therapeutic community, the offender is
17 eligible for treatment in an outpatient addiction
18 program, such treatment may commence in accordance with
19 the provisions of this chapter.
20 (3) The department may house the eligible offender in a
21 community corrections center, group home or approved
22 transitional residence while the eligible offender is
23 participating in an outpatient addiction treatment program
24 and may impose conditions upon the participant's placement in
25 such housing.
26 (e) Right of refusal to admit.--A community-based
27 therapeutic community or outpatient addiction treatment facility
28 may refuse to accept a criminal justice referral if the program
29 administrator deems the participant to be inappropriate for
30 admission to the program and may immediately discharge to the
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1 custody of the department any participant who fails to comply
2 with program rules and treatment expectations or who refuses to
3 constructively engage in the treatment process.
4 (f) Notice to court of completion of program.--
5 (1) When the department determines that an eligible
6 offender has successfully completed the program, it shall
7 notify the sentencing court and release the eligible offender
8 to serve any remaining period of probation or postprogram
9 probation imposed by the sentencing court.
10 (2) The department shall provide to the court and the
11 attorney for the Commonwealth such information and reports as
12 necessary to transition the participant who has successfully
13 completed the program to any remaining probation or
14 postprogram probation imposed by the court.
15 (3) The sentencing court shall determine the conditions,
16 if any, governing both the remaining period of probation upon
17 completion of the program and any period of postprogram
18 probation imposed by the sentencing court.
19 (g) Suspension and expulsion from program.--
20 (1) A participant may be suspended or expelled from the
21 program in accordance with guidelines established by the
22 department, including failure to comply with administrative
23 or disciplinary procedures or requirements set forth by the
24 department.
25 (2) The department shall promptly notify the court and
26 the attorney for the Commonwealth of the expulsion of a
27 participant from the program and the reason for such
28 expulsion.
29 (3) The department shall request that the court schedule
30 a probation revocation hearing upon the expulsion of a
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1 participant from the program.
2 (4) The court shall revoke the probation of a
3 participant who is expelled or fails to complete, for any
4 reason, the program, even if the participant's term of
5 postprogram probation has not commenced. Nothing in this
6 chapter shall be construed to preclude the anticipatory
7 revocation of a participant's probation for any other reasons
8 allowed by law.
9 (5) Upon a violation of probation for any reason
10 specified by law, the attorney for the Commonwealth may file
11 notice, at any time prior to resentencing, of the
12 Commonwealth's intention to proceed under an applicable
13 provision of law requiring a mandatory minimum sentence as
14 provided in section 9729.1.
15 (6) The court, upon determining that the offender failed
16 to complete or was expelled from the drug offender treatment
17 program established by this chapter or otherwise violated the
18 terms of probation, may not impose a sentence which exceeds
19 the maximum statutory sentence allowed by law.
20 (7) Victims of crime shall be notified by the Office of
21 Victim Advocate when an eligible offender is resentenced by
22 the court for failure to complete or is expelled from the
23 program established by this chapter.
24 § 9905. Reports.
25 (a) Final report.--The department shall provide a final
26 report to the court and the attorney for the Commonwealth as to
27 a participant's progress in the program.
28 (b) Joint report to General Assembly.--The department and
29 commission shall provide a joint report on the program to the
30 General Assembly every other year beginning one year after the
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1 effective date of this chapter. The report shall include:
2 (1) The number of offenders evaluated for the program.
3 (2) The number of offenders sentenced to the program.
4 (3) The number of offenders sentenced to a State
5 correctional institution who may have been eligible for the
6 program.
7 (4) The number of offenders successfully completing the
8 program.
9 (5) Any changes the department and commission believe
10 will make the program more effective.
11 § 9906. Construction.
12 Notwithstanding any other provision of law to the contrary,
13 this chapter shall not be construed to:
14 (1) Confer any legal right upon any individual,
15 including an individual participating in the drug offender
16 treatment program, to:
17 (i) participate in a drug offender treatment
18 program;
19 (ii) continue participation in a drug offender
20 treatment program;
21 (iii) modify the contents of the drug offender
22 treatment program; or
23 (iv) file any cause of action in any court
24 challenging the department's determination that a
25 participant has successfully completed or failed to
26 successfully complete treatment to be provided during
27 either the confinement or prerelease portions of a drug
28 offender treatment program.
29 (2) Enlarge or limit the right of a participant to
30 appeal the participant's sentence.
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1 Section 4. All acts and parts of acts are repealed insofar
2 as they are inconsistent with 42 Pa.C.S. Ch. 99.
3 Section 5. This act shall take effect in 180 days.
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