THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY GREENLEAF, WASHINGTON, FERLO, TARTAGLIONE, EARLL, LEACH, STOUT AND SMUCKER, DECEMBER 14, 2009

AS AMENDED ON THIRD CONSIDERATION, JUNE 7, 2010   

AN ACT

Amending Title 61 (Penal and Correctional Institutions) of the

Pennsylvania Consolidated Statutes, in inmate prerelease

plans, providing for inmates serving short minimum sentences;

and, in probation and parole, providing for release to group-

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based home providers; and further providing for parole power.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 61 of the Pennsylvania Consolidated

Statutes is amended by adding a section sections to read:

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§ 3705.  Inmates serving short minimum sentences.

Subject to the provisions of this chapter on procedures for

prerelease, if an inmate is within 18 months of completing his

minimum sentence when the inmate is committed to the supervision

of the department and the inmate has no outstanding detainers,

the inmate may be transferred to and confined in a prerelease

center regardless of the length of time that the inmate has been

under the supervision of the department. While confined in the

prerelease center, the inmate may complete any prescribed

programming consistent with the inmate's prerelease plan.

§ 6124.  Release to group-based home providers.

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(a)  Public hearing required.--

(1)  Upon release of an individual convicted of an

offense under 18 Pa.C.S. § 2502 (relating to murder) to a

group-based home provider, the board or, in the case where

the individual is not subject to the jurisdiction of the

board, a court of appropriate jurisdiction, shall conduct a

public hearing within 20 miles of the location of the group-

based home provider.

(2)  At the public hearing the group-based home provider

shall explain the operation of the group-based home provider

and the board or court, as applicable, shall permit public

comments relating to the site and operation of the group-

based home provider.

(b)  Public notice.--

(1)  The board or court, as applicable, shall provide

notice of the public hearing in a newspaper of general

circulation on at least two different dates prior to the

hearing. Each notice shall provide information regarding

topic, location and time of the public hearing and a contact

number for interested persons to call for additional

information.

(2)  The board or court, as applicable, shall send a copy

of the notice of the public hearing to the governing body of

the municipality where the group-based home provider is

located.

(c)  Definition.--As used in this section, the term "group-

based home provider" means a private residential facility that

houses inmates with prerelease status or individuals who are on

probation or parole.

Section 2.  Section 6137(a) of Title 61 is amended by adding

a paragraph to read:

§ 6137.  Parole power.

(a)  General criteria for parole.--

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(3.1)  (i)  If an inmate's minimum term of imprisonment

is expiring and the primary reason for not paroling the

inmate is the inmate's inability to access and complete

prescribed programming within the correctional

institution, the board may release the inmate on parole

with the condition that the inmate complete the

prescribed programming while on parole.

(ii)  This paragraph shall not apply to offenders who

are serving a term of imprisonment for a crime of

violence as defined in 42 Pa.C.S. § 9714 (relating to

sentences for second and subsequent offenses) or for a

crime requiring registration under 42 Pa.C.S. § 9795.1

(relating to registration).

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