THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY PERZEL, ARGALL, BAKER, BARRAR, BEYER, BRENNAN, CAUSER, CIVERA, D. COSTA, CRUZ, CUTLER, GEIST, GILLESPIE, GINGRICH, GODSHALL, GRELL, HARRIS, KAUFFMAN, W. KELLER, KILLION, LEVDANSKY, MAJOR, MANN, MARSHALL, MELIO, MILNE, MURT, MUSTIO, M. O'BRIEN, PAYNE, PEIFER, PETRI, PHILLIPS, PICKETT, PYLE, QUIGLEY, QUINN, READSHAW, REICHLEY, SABATINA, SCAVELLO, SIPTROTH, K. SMITH, STERN, SWANGER, TRUE, VULAKOVICH, WATSON AND YOUNGBLOOD, MARCH 5, 2009

REFERRED TO COMMITTEE ON JUDICIARY, MARCH 5, 2009  

AN ACT

Amending the act of August 6, 1941 (P.L.861, No.323), entitled,

as amended, "An act to create a uniform and exclusive system

for the administration of parole in this Commonwealth;

providing state probation services; establishing the

'Pennsylvania Board of Probation and Parole'; conferring and

defining its jurisdiction, duties, powers and functions;

including the supervision of persons placed upon probation

and parole in certain designated cases; providing for the

method of appointment of its members; regulating the

appointment, removal and discharge of its officers, clerks

and employes; dividing the Commonwealth into administrative

districts for purposes of probation and parole; fixing the

salaries of members of the board and of certain other

officers and employes thereof; making violations of certain

provisions of this act misdemeanors; providing penalties

therefor; and for other cognate purposes, and making an

appropriation," further providing for business of the

Pennsylvania Board of Probation and Parole and for power to

parole.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 4 of the act of August 6, 1941 (P.L.861,

No.323), referred to as the Pennsylvania Board of Probation and

Parole Law, amended September 25, 2008 (P.L.1052, No.83), is

amended to read:

Section 4.  (a)  A majority of the board shall constitute a

quorum for transacting business and, except as hereinafter

otherwise provided, a majority vote of those present at any

meeting shall be sufficient for any official action taken by the

board. Except as provided in [subsections (b), (c) (d) and]

subsection (e) and 44 Pa.C.S. Ch. 53 (relating to recidivism

risk reduction incentive), no person shall be paroled,

reparoled, discharged from parole, or the parole of any person

revoked, except by a majority of the entire membership of the

board.

[(b)  The board may make decisions on parole, reparole,

return or revocation in panels of two persons. A panel shall

consist of one board member and one hearing examiner or of two

board members. Panels shall be appointed by the chairman or the

chairman's designee.

(c)  If there is disagreement on a decision to parole between

the members of a panel, the matter shall be decided by a board

member appointed by the chairman or the chairman's designee, who

shall concur with one of the original panel members. If there is

disagreement on a revocation decision between the members of the

panel, the matter shall be decided by three board members

appointed by the chairman or the chairman's designee; at least

two of these members must not have been on the disagreeing

panel, if practicable.

(d)  An interested party may appeal a revocation decision

within thirty days of the board's order. The decision shall be

reviewed by three board members appointed by the chairman or the

chairman's designee. If practicable, at least two of the board

members reviewing the decision must not have been on the panel

whose decision is being appealed. The three board members

deciding the appeal may affirm, reverse or remand the decision

of the panel or may order the matter be heard de novo.]

(e)  Subject to the provisions of section 21(b.2), the board

or its designee may issue a decision to parole an eligible

offender as defined under 44 Pa.C.S. § 5303 (relating to

definitions) without further review by the board.

Section 2.  Section 21(a) of the act, amended September 25,

2008 (P.L.1052, No.83), is amended and the section is amended by

adding a subsection to read:

Section 21.  (a)  The board is hereby authorized, to parole

subject to consideration of guidelines established under 42

Pa.C.S. § 2154.5 (relating to adoption of guidelines for

parole), to release on parole any convict confined in any penal

institution of this Commonwealth as to whom power to parole is

herein granted to the board, except convicts condemned to death

or serving life imprisonment and offenders convicted of rape,

robbery, criminal homicide, aggravated assault or any crime

committed with a firearm, whenever in its opinion the best

interests of the convict justify or require his being paroled

and it does not appear that the interests of the Commonwealth

will be injured thereby. Parole shall be subject in every

instance to the Commonwealth's right to immediately retake and

hold in custody without further proceedings any parolee charged

after his parole with an additional offense until a

determination can be made whether to continue his parole status.

The power to parole herein granted to the Board of Parole may

not be exercised in the board's discretion at any time before,

but only after, the expiration of the minimum term of

imprisonment fixed by the court in its sentence or by the Pardon

Board in a sentence which has been reduced by commutation.

* * *

(b.3)  Notwithstanding the provisions of subsection (b.1),

the board shall not release on parole offenders convicted of

rape, robbery, criminal homicide, aggravated assault or any

crime committed with a firearm.

* * *

Section 3.  This act shall take effect in 60 days.