PRINTER'S NO. 2395
No. 6 Session of 2007
INTRODUCED BY MANDERINO, BAKER, BASTIAN, BENNINGHOFF, CAPPELLI, CLYMER, DALLY, DENLINGER, EVERETT, FABRIZIO, FAIRCHILD, GIBBONS, HALUSKA, HARHAI, HARPER, HERSHEY, HICKERNELL, KENNEY, KIRKLAND, KOTIK, KULA, MAHONEY, MANN, MARSICO, McGEEHAN, O'NEILL, RAPP, ROHRER, SABATINA, SCAVELLO, SCHRODER, SHAPIRO, SIPTROTH, SONNEY, STAIRS, THOMAS, TRUE, WANSACZ, WATSON AND YUDICHAK, AUGUST 21, 2007
REFERRED TO COMMITTEE ON JUDICIARY, AUGUST 21, 2007
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 intent, for business of 18 the Pennsylvania Board of Probation and Parole, for powers 19 and duties of the board, for duties of the chairman of the 20 board, for supervision of parole and probation, for power to 21 parole and for commission of crime during parole. 22 The General Assembly of the Commonwealth of Pennsylvania 23 hereby enacts as follows: 24 Section 1. Section 1 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 December 18, 1996 (P.L.1098, No.164), is 2 amended to read: 3 Section 1. The parole system provides several benefits to 4 the criminal justice system, including the provision of adequate 5 supervision of the offender while protecting the public, the 6 opportunity for the offender to become a useful member of 7 society and the diversion of appropriate offenders from prison. 8 In providing these benefits to the criminal justice system, 9 the board shall first and foremost seek to protect the safety of 10 the public. In addition to this goal, the board shall address 11 input by crime victims [and], assist in the fair administration 12 of justice by ensuring the custody, control and treatment of 13 paroled offenders[.], shall consider any applicable guidelines 14 established by the Pennsylvania Commission on Sentencing and 15 shall ensure that parole proceedings, release and recommitment 16 are administered in an efficient and timely manner. 17 Section 2. Sections 3 and 4 of the act, amended October 9, 18 1986 (P.L.1424, No.134), are amended to read: 19 Section 3. The Governor shall from time to time, as the 20 occasion may arise, designate one of the members of the board to 21 be its chairman who shall direct the operations, management and 22 administration of the board and fulfill the functions 23 established by this act, secure the effective application of the 24 probation system in all of the courts of the State and the 25 enforcement of the probation laws. [He] The chairman shall 26 preside at all meetings of the board and perform all the duties 27 and functions of chairman thereof, including organizing, 28 staffing, controlling, directing and administering the work of 29 the staff. The chairman shall administer the proceedings of the 30 board to ensure efficient and timely procedures for parole board 20070H0006B2395 - 2 -
1 decisions, parole releases, discharges and recommitments. The 2 board may designate one of its members to act as chairman during 3 the absence or incapacity of the chairman and, when so acting, 4 the member so designated shall have and perform all the powers 5 and duties of chairman of the board, but shall not receive any 6 additional compensation for so acting. [The chairman, in 7 performing his duties as they relate to parole, reparole and 8 violation and revocation proceedings, shall act in accordance 9 with the policies and procedures established by the board.] 10 Section 4. (a) A majority of the board shall constitute a 11 quorum for transacting business and, except as hereinafter 12 otherwise provided, a majority vote of those present at any 13 meeting shall be sufficient for any official action taken by the 14 board. Except as provided in subsections (b), (c) [and (d)], (d) 15 and (e), no person shall be paroled, discharged from parole, or 16 the parole of any person revoked, except by a majority of the 17 entire membership of the board. 18 (b) The board may make decisions on parole, reparole, return 19 or revocation in panels of two persons. A panel shall consist of 20 one board member and one hearing examiner or of two board 21 members. Panels shall be appointed by the chairman or the 22 chairman's designee. 23 (c) If there is disagreement on a decision to parole between 24 the members of a panel, the matter shall be decided by a board 25 member appointed by the chairman or the chairman's designee, who 26 shall concur with one of the original panel members. If there is 27 disagreement on a revocation decision between the members of the 28 panel, the matter shall be decided by three board members 29 appointed by the chairman or the chairman's designee; at least 30 two of these members must not have been on the disagreeing 20070H0006B2395 - 3 -
1 panel, if practicable. 2 (d) An interested party may appeal a revocation decision 3 within thirty days of the board's order. The decision shall be 4 reviewed by three board members appointed by the chairman or the 5 chairman's designee. If practicable, at least two of the board 6 members reviewing the decision must not have been on the panel 7 whose decision is being appealed. The three board members 8 deciding the appeal may affirm, reverse or remand the decision 9 of the panel or may order the matter be heard de novo. 10 (e) Subject to the provisions of section 21(b.2), the board 11 or its designee may issue a decision to parole an eligible 12 offender as defined under 44 Pa.C.S. § 5303 (relating to 13 definitions) without further review by the board. 14 Section 3. Section 16.2(a) of the act is amended by adding a 15 paragraph to read: 16 Section 16.2. (a) The board shall have the power and its 17 duty shall be: 18 * * * 19 (12) To provide information as required under 42 Pa.C.S. § 20 2153(a)(14) (relating to powers and duties) as requested by the 21 Pennsylvania Commission on Sentencing. 22 Section 4. Section 17 of the act, amended December 27, 1965 23 (P.L.1230, No.501), is amended to read: 24 Section 17. (a) The board shall have exclusive power to 25 parole and reparole, commit and recommit for violations of 26 parole, and to discharge from parole all persons heretofore or 27 hereafter sentenced by any court in this Commonwealth to 28 imprisonment in any prison or penal institution thereof, whether 29 the same be a state or county penitentiary, prison or penal 30 institution, as hereinafter provided. It is further provided 20070H0006B2395 - 4 -
1 that the board shall have exclusive power to supervise any 2 person hereafter placed on parole (when sentenced to a maximum 3 period of less than two years) by any judge of a court having 4 criminal jurisdiction, when the court may by special order 5 direct supervision by the board, in which case the parole case 6 shall be known as a special case and the authority of the board 7 with regard thereto shall be the same as herein provided with 8 regard to parole cases within one of the classifications above 9 set forth: Provided, however, That, except for such special 10 cases, the powers and duties herein conferred shall not extend 11 to persons sentenced for a maximum period of less than two 12 years[, and nothing herein contained shall prevent any]. 13 (b) A court of this Commonwealth [from paroling any person 14 sentenced by it for a maximum period of less than two years: And 15 provided further, That the], subject to consideration of 16 guidelines established under 42 Pa.C.S. §§ 2154.3 (relating to 17 adoption of guidelines for resentencing) and 2154.4 (relating to 18 adoption of guidelines for parole), may parole at the expiration 19 of the minimum sentence any person sentenced by it for a maximum 20 period of less than two years or committed to a county prison 21 within the jurisdiction of the court under 42 Pa.C.S. § 22 9762(b)(2) (relating to sentencing proceeding and place of 23 confinement). The power to parole granted under this subsection 24 to a court may be exercised only after the expiration of the 25 minimum term of imprisonment fixed by the court or by the Pardon 26 Board in a sentence which has been reduced by commutation. In 27 each case where a court deviates from the guidelines established 28 under 42 Pa.C.S. § 2154.3 or 2154.4, the court shall provide a 29 contemporaneous written statement of the reason for the 30 deviation from the guidelines. 20070H0006B2395 - 5 -
1 (c) The period of two years herein referred to shall mean 2 the entire continuous term of sentence to which a person is 3 subject, whether the same be by one or more sentences, either to 4 simple imprisonment or to an indeterminate imprisonment at hard 5 labor, as now or hereafter authorized by law to be imposed for 6 criminal offenses. The power of the board to parole shall extend 7 to prisoners sentenced to definite or flat sentences. 8 Section 5. Section 21 of the act, amended December 21, 1998 9 (P.L.1077, No.143), is amended to read: 10 Section 21. (a) The board is hereby authorized, to parole 11 subject to consideration of guidelines established under 42 12 Pa.C.S. § 2154.4 (relating to adoption of guidelines for 13 parole), to release on parole any convict confined in any penal 14 institution of this Commonwealth as to whom power to parole is 15 herein granted to the board, except convicts condemned to death 16 or serving life imprisonment, whenever in its opinion the best 17 interests of the convict justify or require his being paroled 18 and it does not appear that the interests of the Commonwealth 19 will be injured thereby. Parole shall be subject in every 20 instance to the Commonwealth's right to immediately retake and 21 hold in custody without further proceedings any parolee charged 22 after his parole with an additional offense until a 23 determination can be made whether to continue his parole status. 24 The power to parole herein granted to the Board of Parole may 25 not be exercised in the board's discretion at any time before, 26 but only after, the expiration of the minimum term of 27 imprisonment fixed by the court in its sentence or by the Pardon 28 Board in a sentence which has been reduced by commutation. 29 (a.1) In each case in which the board deviates from the 30 guidelines established under 42 Pa.C.S. § 2154.4, the board 20070H0006B2395 - 6 -
1 shall provide a contemporaneous written statement of the reason 2 for the deviation from the guidelines. The board may develop and 3 use appropriate forms and documentation methods for compliance 4 with this subsection, including internal decisional instruments. 5 This subsection shall not be construed to prevent the board from 6 developing detailed guideline forms or other documents, policies 7 and procedures consistent with this act. 8 (a.2) (1) An eligible offender shall be placed on 9 administrative parole one year after release on parole and until 10 the maximum sentence date if the board's supervision staff 11 determines that: 12 (i) the eligible offender has not violated the terms and 13 conditions of the eligible offender's parole; or 14 (ii) (A) the eligible offender has not been subject to the 15 extensive use of sanctions prior to the completion of one year 16 from the date of release on parole; and 17 (B) there is no substantial information indicating 18 dangerousness or that placement on administrative parole would 19 compromise public safety. 20 (2) An eligible offender placed on administrative parole 21 shall continue to be subject to recommitment at the board's 22 discretion and shall be subject to the board's power to recommit 23 and reparole, recommit and review or otherwise impose sanctions 24 at its discretion until the eligible offender's maximum sentence 25 date. 26 (3) An eligible offender placed on administrative parole 27 shall do all of the following: 28 (i) Have supervision contact at least one time a year. 29 (ii) Provide updated contact information upon a change in 30 residence or employment. 20070H0006B2395 - 7 -
1 (iii) Continue to pay any restitution owed. 2 (iv) Comply with other requirements imposed by the board. 3 (a.3) The board shall have the power and its duty shall be 4 to comply with the requirements of 44 Pa.C.S. § 5306 (relating 5 to recidivism risk reduction incentive minimum). 6 (b) The board may not release a person on parole unless the 7 person achieves a negative result within forty-five days prior 8 to the date of release in a screening test approved by the 9 Department of Health for the detection of the presence of 10 controlled substances or designer drugs under the act of April 11 14, 1972 (P.L.233, No.64), known as "The Controlled Substance, 12 Drug, Device and Cosmetic Act." The cost of these pre-parole 13 drug screening tests for inmates subject to the parole release 14 jurisdiction of the board, whether confined in a State or local 15 correctional facility, shall be paid by the board. The board 16 shall establish rules and regulations for the payment of these 17 costs and may limit the types and cost of these screening tests 18 that would be subject to payment by the board. The board shall 19 establish, as a condition of continued parole for a parolee who, 20 as an inmate, tested positive for the presence of a controlled 21 substance or a designer drug or who was paroled from a sentence 22 arising from a conviction under "The Controlled Substance, Drug, 23 Device and Cosmetic Act," or from a drug-related crime, the 24 parolee's achievement of negative results in such screening 25 tests randomly applied. The random screening tests shall be 26 performed at the discretion of the board, and the parolee 27 undergoing the tests shall be responsible for the costs of the 28 tests. The funds collected for the tests shall be applied 29 against the contract for such testing between the board and a 30 testing laboratory approved by the Department of Health. 20070H0006B2395 - 8 -
1 (b.1) The board may not release a person who is serving a 2 sentence for a crime of violence as defined in 42 Pa.C.S. § 3 9714(g) (relating to sentences for second and subsequent 4 offenses) on parole unless the person has received instruction 5 from the Department of Corrections on the impact of crime on 6 victims and the community. 7 (b.2) (1) The department shall identify all prisoners 8 committed to the custody of the department that meet the 9 definition of an eligible offender. 10 (2) Upon identification of a prisoner as an eligible 11 offender, the department shall send notice to the board. The 12 board shall send notice to the prosecuting attorney and the 13 court no less than six months before the expiration of the 14 prisoner's minimum sentence indicating that the department has 15 preliminarily identified the prisoner as an eligible offender. 16 The notice shall be sent by United States mail unless the board, 17 the court and the prosecutor have consented to receipt of notice 18 via electronic means. For prisoners committed to the department 19 whose expiration of the minimum sentence is six months or less 20 from the date of admission, the department shall give prompt 21 notice. 22 (3) Within 60 days of receipt of notice under paragraph (2), 23 the court or prosecuting attorney may file a written objection 24 to the department's preliminary identification of the prisoner 25 as an eligible offender. Notice of the objection shall be 26 provided to the department and the board. 27 (4) If no notice of objection has been filed under paragraph 28 (3), the board or its designee shall approve for parole at the 29 expiration of the eligible offender's minimum date upon a 30 determination that all of the following apply: 20070H0006B2395 - 9 -
1 (i) The department certified that the prisoner has 2 maintained a good conduct record and continues to remain an 3 eligible offender. 4 (ii) The reentry plan for the prisoner is adequate. 5 (iii) Individual conditions and requirements for parole have 6 been established. 7 (iv) There is no reasonable indication that the prisoner 8 poses a risk to public safety. 9 (5) If the court or prosecuting attorney files a timely 10 objection under paragraph (3), the board shall make a 11 determination as to whether the prisoner is an eligible 12 offender. The board shall notify the department, prosecuting 13 attorney and court of its determination no later than 60 days 14 prior to the minimum parole date. If the board determines that 15 the prisoner is an eligible offender under this act, the board 16 shall follow the provisions of paragraph (4). If the board 17 determines that the prisoner is not an eligible offender under 18 44 Pa.C.S. § 5303, the board shall retain exclusive jurisdiction 19 to grant parole and shall determine whether the offender should 20 be paroled at the minimum date, paroled at a later date or 21 denied parole. 22 (6) Nothing in this subsection shall be interpreted as 23 granting a right to be paroled to any person, and any decision 24 by the board and its designees or the department, under this 25 section, shall not be considered an adjudication under 2 Pa.C.S. 26 Ch. 5 Subch. A (relating to practice and procedure of 27 Commonwealth agencies) and Ch. 7 Subch. A (relating to judicial 28 review of Commonwealth agency action). 29 (7) Except as provided under this subsection, nothing in 30 this act shall otherwise affect the powers and duties of the 20070H0006B2395 - 10 -
1 board or the department. 2 (c) The board shall have the power during the period for 3 which a person shall have been sentenced to recommit one paroled 4 for violation of the terms and conditions of his parole and from 5 time to time to reparole and recommit in the same manner and 6 with the same procedure as in the case of an original parole or 7 recommitment, if, in the judgment of the board, there is a 8 reasonable probability that the convict will be benefited by 9 again according him liberty and it does not appear that the 10 interests of the Commonwealth will be injured thereby. In 11 exercising these powers, the board shall consider any applicable 12 recommitment ranges established by the Pennsylvania Commission 13 on Sentencing under 42 Pa.C.S. § 2154.5 (relating to adoption of 14 recommitment ranges following revocation of parole by board). 15 (d) When the board releases a parolee from a State or local 16 correctional facility, the board shall provide written notice to 17 the probation department located in the county where the 18 sentencing order was imposed of the release and new address of 19 the parolee. 20 (e) For the purposes of this section, the term "eligible 21 offender" shall have the same meaning as the term is given under 22 44 Pa.C.S § 5303 (relating to definitions). 23 Section 6. Section 21.1(c) of the act, amended June 28, 1957 24 (P.L.429, No.235), is amended to read: 25 Section 21.1. * * * 26 (c) Recommitment. Technical violators shall be recommitted 27 for service of the balance of said term originally imposed to 28 penal or correctional institutions as follows: 29 (1) If paroled from a county penal or correctional 30 institution, to the same institution or to any other institution 20070H0006B2395 - 11 -
1 to which legally transferred. 2 [(2) If paroled from the Pennsylvania Industrial School at 3 Camp Hill and upon recommitment such person has not attained the 4 age of twenty-one years, to the same institution. 5 (3) If paroled from the State Industrial Home for Women at 6 Muncy, to the same institution. 7 (4) If paroled from any other State penal or correctional 8 institution under the control and supervision of the Department 9 of Justice, to the nearest Correctional Diagnostic and 10 Classification Center wherein the person shall be classified for 11 service of the balance of the term in such institution as shall 12 be designated by the Deputy Commissioner for Treatment in the 13 Bureau of Correction.] 14 (5) If paroled from a penal or correctional institution 15 under the control and supervision of the Department of 16 Corrections, any male person upon recommitment shall be sent to 17 the nearest State correctional institution for service of the 18 remainder of the original term at the institution as shall be 19 designated by the Department of Corrections. Any female person 20 shall be recommitted to the State Correctional Institution at 21 Muncy or other State correctional institution as designated by 22 the Department of Corrections. 23 Section 7. This act shall take effect in 60 days. H2L44MSP/20070H0006B2395 - 12 -