| HOUSE AMENDED |
| PRIOR PRINTER'S NOS. 1538, 2030, 2206 | PRINTER'S NO. 2241 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY GREENLEAF, WASHINGTON, FERLO, TARTAGLIONE, EARLL, LEACH, STOUT AND SMUCKER, DECEMBER 14, 2009 |
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| AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, AS AMENDED, SEPTEMBER 29, 2010 |
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| AN ACT |
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1 | Amending Title 61 (Penal and Correctional Institutions) Titles | <-- |
2 | 42 (Judiciary and Judicial Procedure) and 61 (Prisons and |
3 | Parole) of the Pennsylvania Consolidated Statutes, in inmate | <-- |
4 | prerelease plans, providing for inmates serving short minimum |
5 | sentences; and, in probation and parole, providing for |
6 | release to group-based home providers; and further providing |
7 | for parole power further providing for adoption of guidelines | <-- |
8 | for sentencing; providing for adoption of risk assessment |
9 | instrument; in general administration, providing for powers |
10 | and duties of department; in county jail oversight board in |
11 | counties of the second class and second class A, further |
12 | providing for scope of subchapter, for definitions and for |
13 | county jail oversight board; in inmate labor, adding |
14 | provisions relating to State correctional institutions and |
15 | the Prison Labor Commission; in inmate prerelease plans, |
16 | providing for inmates serving short minimum sentences; in |
17 | motivational boot camp, providing for evaluation; in State |
18 | intermediate punishment, further providing for evaluation and |
19 | for reports; in probation and parole, providing for release |
20 | to group-based home providers; further providing for parole |
21 | power; in interstate compacts, further providing for powers |
22 | of Attorney General; providing for Interstate Compact for the |
23 | Supervision of Adult Offenders fee; providing for |
24 | confidentiality of victim information; further providing for |
25 | board actions, for general powers of the board, for parole |
26 | power, for violation of terms of parole, for victim |
27 | statements, testimony and participation in hearing and for |
28 | supervisory relationship to offenders; transferring sums to |
29 | the Pennsylvania Commission on Sentencing; providing for |
30 | adult supervision fee; and making editorial changes and a |
31 | related repeal. further providing for adoption of guidelines | <-- |
32 | for sentencing, for guidelines for State intermediate |
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1 | punishment; providing for adoption of risk assessment |
2 | instrument; further providing for sentencing generally, for |
3 | revocation of State intermediate punishment sentence; in |
4 | general administration, providing for definitions and for |
5 | powers and duties of department; in county jail oversight |
6 | board in counties of the second class and second class A, |
7 | further providing for scope, for definitions and for county |
8 | jail oversight board; in inmate labor, further providing for |
9 | disposition of proceeds of labor and providing for State |
10 | correctional institutions; providing for evaluation in |
11 | motivational boot camps; in State intermediate punishment, |
12 | further providing for evaluation; further providing for |
13 | recidivism reports; providing for confidentiality of victim |
14 | information; in administration, further providing for board |
15 | action, providing for offenders in group-based homes and |
16 | further providing for general powers, parole power, terms of |
17 | parole, victim participation in hearings and supervision of |
18 | offenders; in interstate compacts, further providing for |
19 | administration and providing for a compact application fee; |
20 | making a related repeal; and making editorial changes. |
21 | The General Assembly of the Commonwealth of Pennsylvania |
22 | hereby enacts as follows: |
23 | Section 1. Title 61 of the Pennsylvania Consolidated | <-- |
24 | Statutes is amended by adding sections to read: |
25 | § 3705. Inmates serving short minimum sentences. |
26 | Subject to the provisions of this chapter on procedures for |
27 | prerelease, if an inmate is within 18 months of completing his |
28 | minimum sentence when the inmate is committed to the supervision |
29 | of the department and the inmate has no outstanding detainers, |
30 | the inmate may be transferred to and confined in a prerelease |
31 | center regardless of the length of time that the inmate has been |
32 | under the supervision of the department. While confined in the |
33 | prerelease center, the inmate may complete any prescribed |
34 | programming consistent with the inmate's prerelease plan. |
35 | § 6124. Release to group-based home providers. |
36 | (a) Public hearing required.-- |
37 | (1) Upon release of an individual convicted of an |
38 | offense under 18 Pa.C.S. § 2502 (relating to murder) to a |
39 | group-based home provider, the board or, in the case where |
40 | the individual is not subject to the jurisdiction of the |
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1 | board, a court of appropriate jurisdiction, shall conduct a |
2 | public hearing within 20 miles of the location of the group- |
3 | based home provider. |
4 | (2) At the public hearing the group-based home provider |
5 | shall explain the operation of the group-based home provider |
6 | and the board or court, as applicable, shall permit public |
7 | comments relating to the site and operation of the group- |
8 | based home provider. |
9 | (b) Public notice.-- |
10 | (1) The board or court, as applicable, shall provide |
11 | notice of the public hearing in a newspaper of general |
12 | circulation on at least two different dates prior to the |
13 | hearing. Each notice shall provide information regarding |
14 | topic, location and time of the public hearing and a contact |
15 | number for interested persons to call for additional |
16 | information. |
17 | (2) The board or court, as applicable, shall send a copy |
18 | of the notice of the public hearing to the governing body of |
19 | the municipality where the group-based home provider is |
20 | located. |
21 | (c) Definition.--As used in this section, the term "group- |
22 | based home provider" means a private residential facility that |
23 | houses inmates with prerelease status or individuals who are on |
24 | probation or parole. |
25 | Section 2. Section 6137(a) of Title 61 is amended by adding |
26 | a paragraph to read: |
27 | § 6137. Parole power. |
28 | (a) General criteria for parole.-- |
29 | * * * |
30 | (3.1) (i) If an inmate's minimum term of imprisonment |
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1 | is expiring and the primary reason for not paroling the |
2 | inmate is the inmate's inability to access and complete |
3 | prescribed programming within the correctional |
4 | institution, the board may release the inmate on parole |
5 | with the condition that the inmate complete the |
6 | prescribed programming while on parole. |
7 | (ii) This paragraph shall not apply to offenders who |
8 | are serving a term of imprisonment for a crime of |
9 | violence as defined in 42 Pa.C.S. § 9714 (relating to |
10 | sentences for second and subsequent offenses) or for a |
11 | crime requiring registration under 42 Pa.C.S. § 9795.1 |
12 | (relating to registration). |
13 | * * * |
14 | Section 3. This act shall take effect in 60 days. |
15 | Section 1. Sections 2154 and 2154.2 of Title 42 of the | <-- |
16 | Pennsylvania Consolidated Statutes are amended to read: |
17 | § 2154. Adoption of guidelines for sentencing. |
18 | (a) General rule.--The commission shall adopt guidelines for |
19 | sentencing within the limits established by law which shall be |
20 | considered by the sentencing court in determining the |
21 | appropriate sentence for defendants who plead guilty or nolo |
22 | contendere to, or who were found guilty of, felonies and |
23 | misdemeanors. In adopting guidelines, the commission shall |
24 | recommend confinement that is consistent with the protection of |
25 | the public, the gravity of the offense as it relates to the |
26 | impact on the life of the victim and the community and the |
27 | rehabilitative needs of the offender. The guidelines shall |
28 | address the following: |
29 | (1) [Specify] Seriousness of the offense, by specifying |
30 | the range of sentences applicable to crimes of a given degree |
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1 | of gravity, including incapacitation of serious violent |
2 | offenders. |
3 | (2) [Specify] Criminal history, by specifying a range of |
4 | sentences of increased severity for [defendants] offenders |
5 | previously convicted of or adjudicated delinquent for one or |
6 | more misdemeanor or felony offenses committed prior to the |
7 | current offense. [For purposes of this section "previously |
8 | convicted or adjudicated delinquent" shall include any |
9 | finding of guilt or adjudication of delinquency whether or |
10 | not sentence has been imposed or disposition ordered prior to |
11 | the commission of the current offense.] |
12 | (3) [Specify] Criminal behavior, by specifying a range |
13 | of sentences of increased severity for [defendants] offenders |
14 | who pose a substantial risk to public safety, including those |
15 | who possessed or used a deadly weapon during the commission |
16 | of the current conviction offense. |
17 | (4) [Prescribe] Aggravated and mitigated ranges, by |
18 | specifying variations from the range of sentences applicable |
19 | on account of aggravating or mitigating circumstances. |
20 | (5) [Consider the] The impact of any amendments to |
21 | section 9756 (relating to sentence of total confinement). |
22 | (b) [Definition.--As used in this section the term |
23 | "possessed" means on the defendant's person or within his |
24 | immediate physical control.] Definitions.--As used in this |
25 | section, the following words and phrases shall have the meanings |
26 | given to them in this subsection unless the context clearly |
27 | indicates otherwise: |
28 | "Possessed." On a defendant's person or within the |
29 | defendant's immediate physical control. |
30 | "Previously convicted of or adjudicated delinquent." Any |
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1 | finding of guilt or adjudication of delinquency, whether or not |
2 | sentence has been imposed or disposition ordered prior to the |
3 | commission of the current offense. |
4 | § 2154.2. Adoption of guidelines for State intermediate |
5 | punishment. |
6 | The commission shall adopt guidelines to identify offenders |
7 | who would be appropriate for participation in State intermediate |
8 | punishment programs. These guidelines shall be considered by the |
9 | attorney for the Commonwealth and the sentencing court in |
10 | determining whether to commit a defendant for evaluation and |
11 | whether to sentence an eligible offender pursuant to [Chapter |
12 | 99] 61 Pa.C.S. Ch. 41 (relating to State intermediate |
13 | punishment). The guidelines shall: |
14 | (1) Use the description of "eligible offender" provided |
15 | in [Chapter 99] 61 Pa.C.S. Ch. 41. |
16 | (2) Give primary consideration to protection of the |
17 | public safety. |
18 | Section 2. Title 42 is amended by adding a section to read: |
19 | § 2154.7. Adoption of risk assessment instrument. |
20 | (a) General rule.--The commission shall adopt a sentence |
21 | risk assessment instrument for the sentencing court to use to |
22 | help determine the appropriate sentence within the limits |
23 | established by law for defendants who plead guilty or nolo |
24 | contendere to, or who were found guilty of, felonies and |
25 | misdemeanors. The risk assessment instrument may be used as an |
26 | aide in evaluating the relative risk that an offender will |
27 | reoffend and be a threat to public safety. |
28 | (b) Sentencing guidelines.--The risk assessment instrument |
29 | may be incorporated into the sentencing guidelines under section |
30 | 2154 (relating to adoption of guidelines for sentencing). |
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1 | (c) Presentence investigation report.--Subject to the |
2 | provisions of the Pennsylvania Rules of Criminal Procedure, the |
3 | sentencing court may use the risk assessment instrument to |
4 | determine whether a more thorough assessment is necessary and to |
5 | order a presentence investigation report. |
6 | (d) Alternative sentencing.--Subject to the eligibility |
7 | requirements of each program, the risk assessment instrument may |
8 | be an aide to help determine appropriate candidates for |
9 | alternative sentencing, including the recidivism risk reduction |
10 | incentive, State and county intermediate punishment programs and |
11 | State motivational boot camps. |
12 | (e) Definition.--As used in this section, the term "risk |
13 | assessment instrument" means an empirically based worksheet |
14 | which uses factors that are relevant in predicting recidivism. |
15 | Section 3. Sections 9721(a.1) and 9774(a) of Title 42 are |
16 | amended to read: |
17 | § 9721. Sentencing generally. |
18 | * * * |
19 | (a.1) Exception.-- |
20 | (1) Unless specifically authorized under section 9763 |
21 | (relating to a sentence of county intermediate punishment) or |
22 | [Chapter 99] 61 Pa.C.S. Ch. 41 (relating to State |
23 | intermediate punishment), subsection (a) shall not apply |
24 | where a mandatory minimum sentence is otherwise provided by |
25 | law. |
26 | (2) An eligible offender may be sentenced to State |
27 | intermediate punishment pursuant to subsection (a)(7) and as |
28 | described in [Chapter 99] 61 Pa.C.S. Ch. 41, even if a |
29 | mandatory minimum sentence would otherwise be provided by |
30 | law. |
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1 | * * * |
2 | § 9774. Revocation of State intermediate punishment sentence. |
3 | (a) General rule.--The court may at any time terminate a |
4 | sentence of State intermediate punishment pursuant to [Chapter |
5 | 99] 61 Pa.C.S. Ch. 41 (relating to State intermediate |
6 | punishment). |
7 | * * * |
8 | Section 4. Section 102 of Title 61 is amended by adding a | <-- |
9 | definition to read: |
10 | § 102. Definitions. |
11 | The following words and phrases when used in this title shall |
12 | have the meanings given to them in this section unless the |
13 | context clearly indicates otherwise: |
14 | * * * |
15 | "Prescribed programming." An individualized treatment plan |
16 | that is part of the correctional plan jointly developed by the |
17 | department and the board following a diagnostic evaluation and |
18 | risk and needs assessment that includes a structured set of |
19 | evidence-based treatment curriculums designed to reduce the risk |
20 | of reoffense by an offender. |
21 | * * * |
22 | Section 3.1 5. Title 61 is amended by adding a section to | <-- |
23 | read: |
24 | § 1105. Powers and duties of department. |
25 | (a) General rule.--The department shall have the power and |
26 | its duty shall be: |
27 | (1) To establish standards for county correctional |
28 | institutions, including, but not limited to, standards for |
29 | physical facilities and standards for correctional programs |
30 | of treatment, education and rehabilitation of inmates. |
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1 | (2) To inspect county correctional institutions and to |
2 | classify them in accordance with standards adopted under |
3 | paragraph (1) as eligible to receive inmates sentenced to |
4 | maximum terms of six months or more but less than five years. |
5 | (b) Rules and regulations.--The department may prescribe, |
6 | adopt, promulgate and enforce rules and regulations in order to |
7 | administer the provisions of this section. |
8 | Section 3.2 6. Subchapter B heading of Chapter 17 and | <-- |
9 | sections 1721 and 1722 of Title 61 are amended to read: |
10 | SUBCHAPTER B |
11 | COUNTY JAIL OVERSIGHT [BOARD IN |
12 | COUNTIES OF THE SECOND CLASS |
13 | AND SECOND CLASS A] BOARDS |
14 | § 1721. Scope of subchapter. |
15 | This subchapter relates to county jail oversight boards [in |
16 | counties of the second class and counties of the second class |
17 | A]. |
18 | § 1722. Definitions. |
19 | The following words and phrases when used in this subchapter |
20 | shall have the meanings given to them in this section unless the |
21 | context clearly indicates otherwise: |
22 | "Board." The county jail oversight board of a county. |
23 | "County." A county of the second class or a county [of the |
24 | second class A] that has elected to be governed by the |
25 | provisions of this subchapter under section 1723(d) (relating to |
26 | county jail oversight board). |
27 | Section 3.3 7. Section 1723 of Title 61 is amended by adding | <-- |
28 | a subsection to read: |
29 | § 1723. County jail oversight board. |
30 | * * * |
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1 | (d) Counties that may elect to be subject to subchapter.-- |
2 | Any county that has adopted a home rule charter may elect by |
3 | resolution of the governing body of the county to be governed by |
4 | the provisions of this subchapter. |
5 | Section 3.4 8. Subchapter C heading of Chapter 17 of Title | <-- |
6 | 61 is amended to read: |
7 | SUBCHAPTER C |
8 | [OTHER COUNTIES] BOARD OF INSPECTORS |
9 | Section 3.5 9. Chapter 31 of Title 61 is amended by adding a | <-- |
10 | subchapter heading to read: |
11 | SUBCHAPTER A |
12 | COUNTY CORRECTIONAL INSTITUTIONS |
13 | Section 3.6 10. Section 3102 of Title 61 is amended to read: | <-- |
14 | § 3102. Disposition of proceeds of labor. |
15 | All moneys received under the provisions of this [chapter] |
16 | subchapter for labor done within county correctional |
17 | institutions or the products of such labor sold shall be |
18 | credited on account of the receipts and expenditures paid to and |
19 | for the maintenance of the respective correctional institutions. |
20 | Section 3.7 11. Chapter 31 of Title 61 is amended by adding | <-- |
21 | a subchapter to read: |
22 | SUBCHAPTER B |
23 | STATE CORRECTIONAL INSTITUTIONS |
24 | Sec. |
25 | 3121. Inmates to be employed. |
26 | 3122. Manufacturing Fund. |
27 | 3123. Deposit of sales receipts. |
28 | 3124. Inmates accounts. |
29 | 3125. Remainder of inmate accounts. |
30 | 3126. Inmate-made goods to be branded. |
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1 | 3127. Sale of inmate-made goods. |
2 | § 3121. Inmates to be employed. |
3 | The Chief Administrators at any correctional institution |
4 | established by the Commonwealth may employ inmates under their |
5 | control for and on behalf of the Commonwealth, any county, city, |
6 | borough or township or for any public institution owned, managed |
7 | and controlled by the Commonwealth. |
8 | § 3122. Manufacturing Fund. |
9 | For the purchase of material, equipment and machinery to be |
10 | used in the designated State correctional institutions, special |
11 | appropriations shall be made, from time to time, to the |
12 | Manufacturing Fund. |
13 | § 3123. Deposit of sales receipts. |
14 | (a) General rule.--The receipts from the sales of |
15 | manufactured articles, sold as authorized in this subchapter, |
16 | shall be deposited into the Manufacturing Fund and used for the |
17 | purchase of further material, equipment, machinery, supplies, |
18 | staff compensation and inmate pay. |
19 | (b) Monthly reporting.--The department shall make a full |
20 | monthly report of the products, sales, receipts and |
21 | disbursements of the industries authorized under this subchapter |
22 | to the Auditor General. |
23 | § 3124. Inmates accounts. |
24 | (a) Duty to maintain.--The department shall maintain an |
25 | account of the labor performed by all inmates under sentence in |
26 | the institution. |
27 | (b) Contents of accounts.--In the account, the department |
28 | shall credit the inmate with: | <-- |
29 | (1) wages for the time the inmate is actually engaged in |
30 | work; |
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1 | (2) the rate of the wage; and |
2 | (3) the amount credited to each inmate |
3 | to be regulated at the discretion of the commission or such |
4 | persons as the commission may designate. wages for the time the | <-- |
5 | inmate is actually engaged in work. The rate of the wage and the |
6 | amount credited to each inmate shall be determined at the |
7 | discretion of the department. |
8 | § 3125. Remainder of inmate accounts. |
9 | (a) Payment on discharge.--All sums credited to an inmate |
10 | shall be for the benefit of the inmate and paid to the inmate on |
11 | the inmate's discharge. |
12 | (b) Use for present needs.--An inmate who has sums to the |
13 | inmate's credit may, subject to the rules and regulations of the |
14 | department, draw upon the balance of the wages for present |
15 | needs. |
16 | § 3126. Inmate-made goods to be branded. |
17 | (a) General rule.--All goods, wares, merchandise or other |
18 | article or thing made by inmate labor in any correctional |
19 | institution or other establishment in which inmate labor is |
20 | employed, whether for the direct benefit and maintenance of the |
21 | correctional institution or other establishment or upon contract |
22 | by the authorities of the same with any third person, |
23 | immediately upon the completion of the same, shall be branded as |
24 | provided in this section and may not be taken into or exposed in |
25 | any place for sale at wholesale or retail without that brand. |
26 | (b) Style and place of brand.-- |
27 | (1) The brand required by this section shall be in plain |
28 | English lettering and shall contain at the head or top of the |
29 | brand the words "inmate made," followed by the year and name |
30 | of the department, correctional institution or other |
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1 | establishment in which made. |
2 | (2) The brand shall in all cases, when the nature of the |
3 | article will permit, be placed on the article and only where |
4 | the branding is impossible may it be on the box or other |
5 | receptacle or covering in which it is contained. |
6 | (3) The brand shall be affixed to the article by |
7 | casting, burning, pressing or other such process or means so |
8 | that the article may not be defaced and in all cases shall be |
9 | upon the most conspicuous place upon the article or the box, |
10 | receptacle or covering containing the article. |
11 | (c) Applicability.--This section shall not apply to goods, |
12 | wares and merchandise shipped to points outside this |
13 | Commonwealth. |
14 | § 3127. Sale of inmate-made goods. |
15 | The department may contract to sell or sell the articles |
16 | manufactured or produced in any correctional institution which |
17 | cannot be used therein to the Commonwealth or to any political |
18 | subdivision thereof, or to any State, municipality or county |
19 | authority created by or under any law of this Commonwealth or to |
20 | any State correctional institution or to any educational or |
21 | charitable institution receiving aid from the Commonwealth, or |
22 | to the Federal Government or any department, bureau, commission, |
23 | authority or agency thereof, or to any other state or political |
24 | subdivision or authority thereof, or to any institution |
25 | receiving aid from the Federal Government or of any other state. |
26 | Section 3.8 12. Title 61 is amended by adding a section to | <-- |
27 | read: |
28 | § 3909. Evaluation. |
29 | The department and the commission shall monitor and evaluate |
30 | the motivational boot camp program under this chapter to ensure | <-- |
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1 | that the programmatic objectives are met. In even-numbered | <-- |
2 | years, the department shall present a report of its evaluation |
3 | to the Judiciary Committee of the Senate and the Judiciary |
4 | Committee of the House of Representatives no later than February |
5 | 1. In odd-numbered years, the commission shall present a report |
6 | of its evaluation to the Judiciary Committee of the Senate and |
7 | the Judiciary Committee of the House of Representatives no later |
8 | than February 1. |
9 | Section 3.9 Sections 4109 and 4510(a)(1) and (2) of Title 61 | <-- |
10 | are amended to read: |
11 | Section 13. Section 4109 of Title 61 is repealed: | <-- |
12 | [§ 4109. Evaluation. | <-- |
13 | The department and the commission shall monitor and evaluate |
14 | the motivational boot camp program under Chapter 39 (relating to |
15 | motivational boot camp) to ensure that the programmatic |
16 | objectives are met. [In even-numbered years, the department | <-- |
17 | shall present a report of its evaluation to the Judiciary |
18 | Committee of the Senate and the Judiciary Committee of the House |
19 | of Representatives no later than February 1. In odd-numbered |
20 | years, the commission shall present a report of its evaluation |
21 | to the Judiciary Committee of the Senate and the Judiciary |
22 | Committee of the House of Representatives no later than February |
23 | 1.] |
24 | Section 14. Section 4510(a) of Title 61 is amended to read: | <-- |
25 | § 4510. Reports. |
26 | (a) Recidivism risk reduction.--The department, the board |
27 | and the commission shall monitor and evaluate the recidivism |
28 | risk reduction incentive programs to ensure that the goals and |
29 | objectives of this chapter are met and shall report to the |
30 | General Assembly as follows: |
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1 | (1) In [odd-numbered] even-numbered years, the |
2 | department shall present a report of its evaluation to the |
3 | Judiciary Committee of the Senate and the Judiciary Committee |
4 | of the House of Representatives no later than February 1. The |
5 | report shall include all of the following: |
6 | (i) The number of inmates determined by the |
7 | department to be eligible offenders under this chapter |
8 | and the offenses for which the eligible offenders were |
9 | committed to the custody of the department. |
10 | (ii) The number of inmates committed to the custody |
11 | of the department who were subject to a recidivism risk |
12 | reduction incentive minimum sentence. |
13 | (iii) The number of inmates paroled at the |
14 | recidivism risk reduction incentive minimum date. |
15 | (iv) Any potential changes that would make the |
16 | program more effective. |
17 | (v) The six-month, one-year, three-year and five- |
18 | year recidivism rates for inmates released at the |
19 | recidivism risk reduction incentive minimum sentence. |
20 | (vi) Any other information the department deems |
21 | relevant. |
22 | (2) In [even-numbered] odd-numbered years, the |
23 | commission shall present a report of its evaluation to the |
24 | Judiciary Committee of the Senate and the Judiciary Committee |
25 | of the House of Representatives no later than February 1. The |
26 | report shall include all of the following: |
27 | (i) Whether the goals of this chapter could be |
28 | achieved through amendments to parole or sentencing |
29 | guidelines. |
30 | (ii) The various options for parole or sentencing |
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1 | guidelines under subparagraph (i). |
2 | (iii) The status of any proposed or implemented |
3 | guidelines designed to implement the provisions of this |
4 | chapter. |
5 | (iv) Any potential changes to the program that would |
6 | be likely to reduce the risk of recidivism of inmates and |
7 | improve public safety. |
8 | (v) Any other information the commission deems |
9 | relevant. |
10 | * * * |
11 | Section 3.10 15. Title 61 is amended by adding a section to | <-- |
12 | read: |
13 | § 5906. Confidentiality of victim information. |
14 | (a) General rule.--Except as otherwise provided by law or | <-- |
15 | this section Notwithstanding any other provision of law, any and | <-- |
16 | all statements or testimony of the victim or family member |
17 | submitted to the department shall be: |
18 | (1) Deemed confidential and privileged. |
19 | (2) Not be subject to subpoena or discovery. |
20 | (3) Not be introduced into evidence in any judicial or |
21 | administrative proceeding. |
22 | (4) Not be released to the inmate. |
23 | (b) Records.--All records maintained by the department |
24 | pertaining to victims shall be kept separate. Current address, |
25 | telephone numbers and any other personal information of the |
26 | victim and family members shall be deemed confidential. |
27 | (c) Disclosure prohibited.--Notwithstanding any other |
28 | provision of law, no person who has had access to a report, |
29 | record or any other information under this section shall |
30 | disclose the content of the report, record or other information |
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1 | or testify in a judicial or administrative proceeding without |
2 | the written consent of the victim. |
3 | Section 4 16. Section 6113 of Title 61 is amended by adding | <-- |
4 | a subsection to read: |
5 | § 6113. Board action. |
6 | * * * |
7 | (f) Decision accountability.--The board shall develop, adopt |
8 | and periodically update as deemed necessary a parole decisional |
9 | instrument that is tested prior to implementation, which |
10 | incorporates evidence-based practices to assist and inform the |
11 | board's professional judgment in the parole decision-making |
12 | process. |
13 | Section 17. Title 61 is amended by adding a section to read: | <-- |
14 | § 6124. Certain offenders residing in group-based homes. |
15 | (a) Notification requirement.-- |
16 | (1) A group-based home located within a county of the |
17 | sixth, seventh or eighth class that agrees to provide housing |
18 | to an individual knowing that the individual has been |
19 | previously convicted of an offense under 18 Pa.C.S. § 2502 |
20 | (relating to murder) or a substantially similar offense |
21 | committed in another jurisdiction shall notify the head of |
22 | the governing body of the municipality and the county in |
23 | which the group-based home is located that the individual is |
24 | staying at the group-based home. |
25 | (2) The notification required under paragraph (1) shall |
26 | be sent by certified mail within 48 hours of the individual's |
27 | arrival at the group-based home and shall include the |
28 | following information: |
29 | (i) Name of the individual, including all known |
30 | aliases. |
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1 | (ii) Date of the individual's arrival at the group- |
2 | based home. |
3 | (iii) The individual's expected length of stay at |
4 | the group-based home. |
5 | (iv) Contact information for the group-based home. |
6 | (b) Public hearing.-- |
7 | (1) The governing body of a municipality or county |
8 | receiving notification from a group-based home provider under |
9 | subsection (a) may conduct a public hearing concerning the |
10 | group-based home provider, its site and its operations. |
11 | (2) A governing body conducting a public hearing under |
12 | this subsection shall provide public notice of the hearing |
13 | via posting on its official Internet website no less than two |
14 | weeks prior to the hearing. The notice shall provide |
15 | information regarding the purpose, location and time of the |
16 | public hearing and a contact number for interested persons to |
17 | call in order to obtain additional information about the |
18 | hearing. Nothing in this paragraph shall be construed to |
19 | prohibit the governing body from providing public notice via |
20 | any other means. |
21 | (3) At a public hearing under this subsection, the |
22 | group-based home provider shall explain the operation of the |
23 | group-based home and the governing body conducting the |
24 | hearing shall permit public questions and comments. |
25 | (c) Definition.--The following words and phrases when used |
26 | in this section shall have the meanings given to them in this |
27 | subsection unless the context clearly indicates otherwise: |
28 | "Group-based home." Any nonprofit or for-profit entity that |
29 | maintains a facility that provides housing to inmates with |
30 | prerelease status, individuals on probation or parole or other |
|
1 | individuals previously convicted of crimes. The term shall not |
2 | include a correctional institution or a facility maintained by a |
3 | domestic violence program. |
4 | "Official Internet website." The official Internet location |
5 | designated by a municipality or county as its primary method of |
6 | electronically communicating with the public about its official |
7 | business. |
8 | Section 5 18. Section 6131(a) of Title 61 is amended by | <-- |
9 | adding paragraphs and the section is amended by adding a |
10 | subsection to read: |
11 | § 6131. General powers of board. |
12 | (a) General rule.--The board shall have the power and its |
13 | duty shall be: |
14 | * * * |
15 | (13) To incorporate evidence-based practices into parole |
16 | decision making, supervision and the supervision of technical |
17 | violators. |
18 | (14) To coordinate the reentry of offenders into the |
19 | community using evidence-based practices that are effective |
20 | in reducing recidivism. |
21 | (15) To conduct research to identify, to be informed of |
22 | and to apply recognized evidence-based parole practices that |
23 | promote public safety and reduce recidivism. |
24 | (16) To conduct outcome and performance analyses on |
25 | implemented board programs and practices to enhance public |
26 | safety through reduced recidivism. |
27 | * * * |
28 | (d) Definitions.--As used in this section, the following |
29 | words and phrases shall have the meanings given to them in this |
30 | subsection unless the context clearly indicates otherwise: |
|
1 | "Evidence-based practices." Interventions and treatment |
2 | approaches that have been proven effective through appropriate |
3 | empirical analysis. |
4 | Section 6. Sections 6137(a), (e) and (g), 6138(a), (c) and | <-- |
5 | (d), 6140(h)(8) and 6153(a) of Title 61 are amended to read: |
6 | Section 19. Section 6137(a)(1), (2) and (3), (e) and (g) of | <-- |
7 | Title 61 are amended and subsection (a) is amended by adding a |
8 | paragraph to read: |
9 | § 6137. Parole power. |
10 | (a) General criteria for parole.-- |
11 | (1) The board may parole subject to consideration of |
12 | guidelines established under 42 Pa.C.S. § 2154.5 (relating to |
13 | adoption of guidelines for parole) and may release on parole |
14 | any inmate to whom the power to parole is granted to the |
15 | board by this chapter, except an inmate condemned to death or |
16 | serving life imprisonment, whenever in its opinion: |
17 | (i) The best interests of the inmate justify or |
18 | require that the inmate be paroled. |
19 | (ii) It does not appear that the interests of the |
20 | Commonwealth will be injured by the inmate's parole. |
21 | (2) Parole shall be subject in every instance to the |
22 | Commonwealth's right to immediately retake and hold in |
23 | custody without further proceedings any parolee charged after |
24 | his parole with an additional offense until a determination |
25 | can be made whether to continue his parole status. |
26 | (3) The power to parole granted under this section to |
27 | the board may not be exercised in the board's discretion at |
28 | any time before, but only after, the expiration of the |
29 | minimum term of imprisonment fixed by the court in its |
30 | sentence or by the Board of Pardons in a sentence which has |
|
1 | been reduced by commutation. |
2 | (3.1) (i) Following the expiration of the inmate's |
3 | minimum term of imprisonment, if the primary reason for |
4 | not paroling the inmate is the inmate's inability to |
5 | access and complete prescribed programming within the |
6 | correctional institution, the board may release the |
7 | inmate on parole with the condition that the inmate |
8 | complete the prescribed programming while on parole. |
9 | (ii) This paragraph shall not apply to offenders who |
10 | are currently serving a term of imprisonment for a crime |
11 | of violence as defined in 42 Pa.C.S. § 9714 (relating to |
12 | sentences for second and subsequent offenses) or for a |
13 | crime requiring registration under 42 Pa.C.S. § 9795.1 |
14 | (relating to registration). |
15 | (iii) For those inmates to whom subparagraph (ii) is |
16 | applicable, the board may release the inmate on parole if |
17 | the inmate is subject to another jurisdiction's detainer, |
18 | warrant or equivalent writ. |
19 | (4) Unless the inmate has served at least one year in a | <-- |
20 | prerelease center, the board shall not act upon an |
21 | application of an inmate who is granted clemency by the |
22 | Governor, is subject to parole supervision and: |
23 | (i) whose term of imprisonment was commuted from |
24 | life to life on parole; |
25 | (ii) who was serving a term of imprisonment for a |
26 | crime of violence; or |
27 | (iii) who is serving a sentence under 42 Pa.C.S. § |
28 | 9712 (relating to sentences for offenses committed with |
29 | firearms). |
30 | (5) Upon parole, a parolee subject to paragraph (4) |
|
1 | shall: |
2 | (i) be subject to weekly supervision for the first |
3 | six months of parole; and |
4 | (ii) have any violations of a condition of parole |
5 | immediately made known to the Board of Pardons. This |
6 | subparagraph shall apply to all parolees under |
7 | supervision by other jurisdictions under Subchapter B of |
8 | Chapter 71 (relating to interstate compact for the |
9 | supervision of adult offenders). |
10 | (6) For purposes of this subsection, the term |
11 | "prescribed programming" shall mean an individualized |
12 | treatment plan that is part of the correctional plan jointly |
13 | developed by the department and the board following a |
14 | diagnostic evaluation and risk and needs assessment that |
15 | includes a structured set of evidence-based treatment |
16 | curricula designed to reduce the risk of reoffense by the |
17 | offender. The ultimate goal of these curricula is to increase |
18 | the probability that offenders will lead law-abiding lives in |
19 | the community upon release. |
20 | * * * |
21 | (e) [Preparole drug] Drug screening tests.-- |
22 | (1) The board may not release a person on parole unless |
23 | the person achieves a negative result within 45 days prior to |
24 | the date of release in a screening test approved by the |
25 | Department of Health for the detection of the presence of |
26 | controlled substances or designer drugs under the act of |
27 | April 14, 1972 (P.L.233, No.64), known as The Controlled |
28 | Substance, Drug, Device and Cosmetic Act. |
29 | (2) The cost of these preparole drug screening tests for |
30 | inmates subject to the parole release jurisdiction of the |
|
1 | board, whether confined in a correctional institution or |
2 | county prison, shall be paid by the board. The board shall |
3 | establish rules and regulations for the payment of these |
4 | costs and may limit the types and cost of these screening |
5 | tests that would be subject to payment by the board. |
6 | (3) (i) The board shall establish, as a condition of |
7 | continued parole for a parolee who, as an inmate, tested |
8 | positive for the presence of a controlled substance or a |
9 | designer drug or who was paroled from a sentence arising |
10 | from a conviction under The Controlled Substance, Drug, |
11 | Device and Cosmetic Act or from a drug-related crime, the |
12 | parolee's achievement of negative results in such |
13 | screening tests randomly applied. |
14 | (ii) The random screening tests shall be performed |
15 | at the discretion of the board, and the parolee |
16 | undergoing the tests shall be responsible for the costs |
17 | of the tests. |
18 | (iii) The funds collected for the tests shall be |
19 | applied against the contract for such testing [between |
20 | the board and a testing laboratory approved by the |
21 | Department of Health]. |
22 | (4) For a parolee who was not paroled from a sentence |
23 | arising from a conviction under The Controlled Substance, |
24 | Drug, Device and Cosmetic Act or for from a drug-related | <-- |
25 | crime, the board may establish, as a condition of parole, |
26 | that the parolee achieve negative results in screening tests |
27 | randomly conducted. The parolee shall be responsible for |
28 | testing costs. |
29 | * * * |
30 | (g) Procedure.-- |
|
1 | (1) The department shall identify all inmates committed |
2 | to the custody of the department that meet the definition of |
3 | an eligible offender. |
4 | (2) Upon identification of an inmate as an eligible |
5 | offender, the department shall send notice to the board. The |
6 | board shall send notice to the prosecuting attorney and the |
7 | court no less than six months before the expiration of the |
8 | inmate's minimum sentence indicating that the department has |
9 | preliminarily identified the inmate as an eligible offender. |
10 | The notice shall be sent by United States mail unless the |
11 | board, the court and the prosecutor have consented to receipt |
12 | of notice via electronic means. For inmates committed to the |
13 | department whose expiration of the minimum sentence is six |
14 | months or less from the date of admission, the department |
15 | shall give prompt notice. |
16 | (3) Within [60] 30 days of receipt of notice under |
17 | paragraph (2), the court or prosecuting attorney may file a |
18 | written objection to the department's preliminary |
19 | identification of the inmate as an eligible offender. Notice |
20 | of the objection shall be provided to the department and the |
21 | board. |
22 | (4) If no notice of objection has been filed under |
23 | paragraph (3), the board or its designee shall approve for |
24 | parole at the expiration of the eligible offender's minimum |
25 | date upon a determination that all of the following apply: |
26 | (i) The department certified that the inmate has |
27 | maintained a good conduct record and continues to remain |
28 | an eligible offender. |
29 | (ii) The reentry plan for the inmate is adequate. |
30 | (iii) Individual conditions and requirements for |
|
1 | parole have been established. |
2 | (iv) There is no reasonable indication that the |
3 | inmate poses a risk to public safety. |
4 | (5) If the court or prosecuting attorney files a timely |
5 | objection under paragraph (3), the board shall make a |
6 | determination as to whether the inmate is an eligible |
7 | offender. The board shall notify the department, prosecuting |
8 | attorney and court of its determination no later than [60] 30 |
9 | days prior to the minimum parole date. If the board |
10 | determines that the inmate is an eligible offender under this |
11 | chapter, the board shall follow the provisions under |
12 | paragraph (4). If the board determines that the inmate is not |
13 | an eligible offender under section 4503 (relating to |
14 | definitions), the board shall retain exclusive jurisdiction |
15 | to grant parole and shall determine whether the inmate should |
16 | be paroled at the minimum date, paroled at a later date or |
17 | denied parole. |
18 | (6) Nothing in this subsection shall be construed as |
19 | granting a right to be paroled to any person, and any |
20 | decision by the board and its designees or the department, |
21 | under this section shall not be considered an adjudication |
22 | under 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and |
23 | procedure of Commonwealth agencies) and Ch. 7 Subch. A |
24 | (relating to judicial review of Commonwealth agency action). |
25 | (7) Except as provided under this subsection, nothing in |
26 | this chapter shall otherwise affect the powers and duties of |
27 | the board or the department. |
28 | * * * |
29 | Section 20. Sections 6138(a), (c) and (d), 6140(h)(8) and | <-- |
30 | (10) and 6153(a) of Title 61 are amended to read: |
|
1 | § 6138. Violation of terms of parole. |
2 | (a) Convicted violators.-- |
3 | (1) A parolee under the jurisdiction of the board |
4 | released from a correctional facility who, during the period |
5 | of parole or while delinquent on parole, commits a crime |
6 | punishable by imprisonment, for which the parolee is |
7 | convicted or found guilty by a judge or jury or to which the |
8 | parolee pleads guilty or nolo contendere at any time |
9 | thereafter in a court of record, may at the discretion of the |
10 | board be recommitted as a parole violator. |
11 | (2) If the parolee's recommitment is so ordered, the |
12 | parolee shall be reentered to serve the remainder of the term |
13 | which the parolee would have been compelled to serve had the |
14 | parole not been granted and shall be given no credit for the |
15 | time at liberty on parole. |
16 | (3) The board may, in its discretion, reparole whenever, |
17 | in its opinion, the best interests of the inmate justify or |
18 | require the inmate's release on parole and it does not appear |
19 | that the interests of the Commonwealth will be injured |
20 | thereby. |
21 | (4) The period of time for which the parole violator is |
22 | required to serve shall be computed from and begin on the |
23 | date that the parole violator is taken into custody to be |
24 | returned to the institution as a parole violator. |
25 | (5) If a new sentence is imposed on the parolee, the |
26 | service of the balance of the term originally imposed by a | <-- |
27 | Pennsylvania court shall precede the commencement of the new |
28 | term imposed in the following cases: |
29 | (i) If a person is paroled from a State correctional |
30 | institution and the new sentence imposed on the person is |
|
1 | to be served in the State correctional institution. |
2 | (ii) If a person is paroled from a county prison and |
3 | the new sentence imposed upon him is to be served in the |
4 | same county prison. |
5 | (iii) In all other cases, the service of the new |
6 | term for the latter crime shall precede commencement of |
7 | the balance of the term originally imposed. |
8 | (5.1) If the parolee is sentenced to serve a new term of |
9 | total confinement by a Federal court or by a court of another |
10 | jurisdiction because of a verdict or plea under paragraph |
11 | (1), the parolee shall serve the balance of the original term |
12 | before serving the new term. |
13 | (6) Where the new term is to be served last or the |
14 | balance of the term originally imposed by a Pennsylvania | <-- |
15 | court is to be served last, and the service is, in either |
16 | case, in any correctional facility: |
17 | (i) Any person upon recommitment shall be sent to |
18 | the institution as shall be designated by the Secretary |
19 | of Corrections or his designee. |
20 | (ii) Any female person shall be recommitted to the |
21 | State Correctional Institution at Muncy. |
22 | * * * |
23 | (c) Technical violators.-- |
24 | (1) A parolee under the jurisdiction of the board who is |
25 | released from a correctional facility and who, during the |
26 | period of parole, violates the terms and conditions of his |
27 | parole, other than by the commission of a new crime of which |
28 | the parolee is convicted or found guilty by a judge or jury |
29 | or to which the parolee pleads guilty or nolo contendere in a |
30 | court of record, may be recommitted after a hearing before |
|
1 | the board. |
2 | (2) If the parolee is so recommitted, the parolee shall |
3 | be given credit for the time served on parole in good |
4 | standing but with no credit for delinquent time and may be |
5 | reentered to serve the remainder of the original sentence or |
6 | sentences. |
7 | (3) The remainder shall be computed by the board from |
8 | the time the parolee's delinquent conduct occurred for the |
9 | unexpired period of the maximum sentence imposed by the court |
10 | without credit for the period the parolee was delinquent on |
11 | parole. The parolee shall serve the remainder so computed |
12 | from the date the parolee is taken into custody on the |
13 | warrant of the board. |
14 | (4) The parolee shall be subject to reparole by the |
15 | board whenever in its opinion the best interests of the |
16 | inmate justify or require the parolee being reparoled and it |
17 | does not appear that the interests of the Commonwealth will |
18 | be injured reparoling the parolee. |
19 | (5) Parole violators shall be supervised in accordance |
20 | with evidence-based practices that may include: |
21 | (i) Consideration of whether the offender poses a |
22 | risk of safety to the community or himself. |
23 | (ii) The board's capacity to deliver programs that |
24 | address criminal thinking behavior and related crime |
25 | producing factors. |
26 | (iii) Use of community-based sanctioning |
27 | alternatives to incarceration. |
28 | (iv) Use of a graduated violation sanctioning |
29 | process. |
30 | (v) Recommitment to a correctional facility. |
|
1 | (6) The board shall divert technical parole violators |
2 | from confinement in a State correctional institution unless |
3 | the parolee's diversion poses an undue risk to public safety. |
4 | (d) Recommitment.--A technical violator under subsection (c) |
5 | shall be recommitted to a correctional facility, unless placed |
6 | at a parole violator center, as follows: |
7 | (1) If paroled from a county prison, to the same |
8 | institution or to any other institution to which the violator |
9 | may be legally transferred. |
10 | (2) If paroled from a State correctional institution, |
11 | any male person upon recommitment shall be sent to the |
12 | nearest State correctional institution for service of the |
13 | remainder of the original term at the institution as shall be |
14 | designated by the department. Any female person shall be |
15 | recommitted to the State Correctional Institution at Muncy or |
16 | other State correctional institution as designated by the |
17 | department. |
18 | § 6140. Victim statements, testimony and participation in |
19 | hearing. |
20 | * * * |
21 | (h) Hearing procedure.-- |
22 | * * * |
23 | (8) [Except as otherwise provided by law or this |
24 | section] Notwithstanding any other provision of law, any and |
25 | all statements or testimony of the victim or family member |
26 | submitted to the board pertaining to: |
27 | (i) the continuing nature and extent of any physical |
28 | harm or psychological or emotional harm or trauma |
29 | suffered by the victim; |
30 | (ii) the extent of any loss of earnings or ability |
|
1 | to work suffered by the victim; and |
2 | (iii) the continuing effect of the crime upon the |
3 | victim's family: |
4 | (A) Shall be deemed confidential and privileged. |
5 | (B) Shall not be subject to subpoena or |
6 | discovery. |
7 | (C) Shall not be introduced into evidence in any |
8 | judicial or administrative proceeding. |
9 | (D) Shall not be released to the inmate. |
10 | * * * |
11 | (10) [Except as otherwise provided by] Notwithstanding | <-- |
12 | any other provision of law, no person who has had access to a |
13 | report, record or any other information under this section |
14 | shall disclose the content of the report, record or other |
15 | information or testify in a judicial or administrative |
16 | proceeding without the written consent of the victim. |
17 | * * * |
18 | § 6153. Supervisory relationship to offenders. |
19 | (a) General rule.--Agents are in a supervisory relationship |
20 | with their offenders. The purpose of this supervision is to |
21 | assist the offenders in their rehabilitation and reassimilation |
22 | into the community and to protect the public. Supervision |
23 | practices shall reflect the balance of enforcement of the |
24 | conditions of parole and case management techniques to maximize |
25 | successful parole completion through effective reentry to |
26 | society. |
27 | * * * |
28 | Section 6.1. Part V of Title 61 is amended by adding a | <-- |
29 | chapter to read: |
30 | CHAPTER 70 |
|
1 | ADULT SUPERVISION FEE |
2 | Sec. |
3 | 7001. Definitions. |
4 | 7002. Interstate Compact for the Supervision of Adult Offenders |
5 | fee. |
6 | 7003. Applicability. |
7 | § 7001. Definitions. |
8 | The following words and phrases when used in this chapter |
9 | shall have the meanings given to them in this section unless the |
10 | context clearly indicates otherwise: |
11 | "Board." The Pennsylvania Board of Probation and Parole. |
12 | "Interstate commission." The Interstate Commission for Adult |
13 | Offender Supervision. |
14 | "Interstate compact." The Interstate Compact for the |
15 | Supervision of Adult Offenders. |
16 | "State." A state of the United States, the District of |
17 | Columbia and any other territorial possessions of the United |
18 | States. |
19 | "State council." The State Council for Interstate Adult |
20 | Offender Supervision. |
21 | § 7002. Interstate Compact for the Supervision of Adult |
22 | Offenders fee. |
23 | (a) Application fee.-- |
24 | (1) A person on county probation or parole who applies |
25 | for a transfer of supervision to another state through the |
26 | interstate compact shall be required to pay an application |
27 | fee with each application for transfer, unless the court |
28 | finds that the application fee should be reduced, waived or |
29 | deferred based upon the person's inability to pay. The |
30 | application fees shall be collected by the county probation |
|
1 | department or other agent designated by the county |
2 | commissioners of the county with the approval of the |
3 | president judge. |
4 | (2) A person on State probation or parole who applies |
5 | for a transfer to another state through the interstate |
6 | compact shall be required to pay an application fee to the |
7 | board with each application for transfer, unless the board |
8 | finds that the application fee should be reduced, waived or |
9 | deferred based upon the person's inability to pay. |
10 | (b) Amount of application fee.--The State council shall |
11 | establish the amount of the application fee which shall not |
12 | exceed $150. The application fee shall be nonrefundable and |
13 | shall be assessed for each application for transfer to another |
14 | state. |
15 | (c) Application fee collected by county.--For administrative |
16 | expenses, the county shall be entitled to retain a percentage of |
17 | each application fee collected under this section which shall be |
18 | deposited in the county's general fund. The percentage of the |
19 | application fee that may be retained shall be determined by the |
20 | State council 60 days prior to the beginning of each |
21 | Commonwealth fiscal year commencing on July 1 and ending on June |
22 | 30. The remaining portion of each application fee collected by |
23 | the county shall be transmitted to the Commonwealth under |
24 | subsection (d). |
25 | (d) Disposition.--Money received from the collection of the |
26 | application fee shall be paid into the State Treasury and shall |
27 | be credited to the general government operations of the board |
28 | for expenses incurred in the administration of the compact. |
29 | § 7003. Applicability. |
30 | This chapter shall apply to a person who applies on or after |
|
1 | the effective date of this chapter for a transfer of supervision |
2 | to another state. |
3 | Section 6.2 21. Section 7103 of Title 61 is amended to read: | <-- |
4 | § 7103. Powers. |
5 | The [Attorney General] secretary or his designee is hereby |
6 | authorized and directed to do all things necessary or incidental |
7 | to the carrying out of the compact in every particular except |
8 | that no contract for the confinement of inmates in the |
9 | institutions of this State shall be entered into unless the |
10 | [Attorney General or the Secretary of Corrections] secretary has |
11 | first determined that the inmates are acceptable, |
12 | notwithstanding the provisions of Article IX-B of the act of |
13 | April 9, 1929 (P.L.177, No.175), known as the Administrative |
14 | Code of 1929. The [Attorney General] secretary or his designee |
15 | shall not enter into a contract pursuant to Article III of the |
16 | compact relating to inmates who are mentally ill or mentally |
17 | retarded without consultation with the Secretary of Public |
18 | Welfare. |
19 | Section 6.3 22. Title 61 is amended by adding a section to | <-- |
20 | read: |
21 | § 7115. Interstate Compact for the Supervision of Adult |
22 | Offenders application fee. | <-- |
23 | (a) Duty to pay.-- |
24 | (1) A person on county probation or parole who applies |
25 | for a transfer of supervision to another state through the |
26 | Interstate Compact for the Supervision of Adult Offenders |
27 | shall be required to pay an application fee with each |
28 | application for transfer, unless the court finds that the |
29 | application fee should be reduced, waived or deferred based |
30 | upon the person's inability to pay. The application fees |
|
1 | shall be collected by the county probation department or |
2 | other agent designated by the county commissioners of the |
3 | county with the approval of the president judge. |
4 | (2) A person on State probation or parole who applies |
5 | for a transfer to another state through the interstate |
6 | compact shall be required to pay an application fee to the |
7 | board with each application for transfer, unless the board |
8 | finds that the application fee should be reduced, waived or |
9 | deferred based upon the person's inability to pay. |
10 | (b) Amount of application fee.--The State council shall |
11 | establish the amount of the application fee which shall not |
12 | exceed $150. The application fee shall be nonrefundable and |
13 | shall be assessed for each application for transfer to another |
14 | state. |
15 | (c) Application fee collected by county.--For administrative |
16 | expenses, the county shall be entitled to retain a percentage of |
17 | each application fee collected under this section which shall be |
18 | deposited in the county's general fund. The percentage of the |
19 | application fee that may be retained shall be determined by the |
20 | State council 60 days prior to the beginning of each |
21 | Commonwealth fiscal year commencing on July 1 and ending on June |
22 | 30. The remaining portion of each application fee collected by |
23 | the county shall be transmitted to the Commonwealth under |
24 | subsection (d). |
25 | (d) Disposition.--Money received from the collection of the |
26 | application fee shall be paid into the State Treasury and shall |
27 | be credited to the general government operations of the board |
28 | for expenses incurred in the administration of the interstate |
29 | compact. |
30 | (e) Application fee.--The application fee as of the |
|
1 | effective date of this subsection shall be $100, and the |
2 | counties shall retain 100% of the fee collected until the |
3 | application fee and county percentage are determined prior to |
4 | the beginning of the next Commonwealth fiscal year in accordance |
5 | with subsections (b) and (c). |
6 | Section 7. The following shall apply: | <-- |
7 | (1) On July 1, 2011, the State Treasurer shall transfer |
8 | the sum of $1,150,000 from the State Offender Supervision |
9 | Fund to the Pennsylvania Commission on Sentencing to |
10 | supplement other sums appropriated to and for the use of the |
11 | commission to implement the requirements of this act and |
12 | their duties as defined in 42 Pa.C.S. The transferred sum is |
13 | appropriated to the Pennsylvania Commission on Sentencing on |
14 | a continuing annual basis for that purpose. |
15 | (2) On July 1, 2011, the State Treasurer shall transfer |
16 | the sum of $1,150,000 from the Department of Corrections to |
17 | the Pennsylvania Commission on Sentencing to supplement other |
18 | sums appropriated to and for the use of the commission to |
19 | implement the requirements of this act and their duties as |
20 | defined under 42 Pa.C.S. The transferred sum is appropriated |
21 | to the Pennsylvania Commission on Sentencing on a continuing |
22 | annual basis for that purpose. |
23 | Section 8 23. The regulations adopted under the former act | <-- |
24 | of December 27, 1965 (P.L.1237, No.502), entitled "An act |
25 | establishing regional correctional facilities administered by |
26 | the Bureau of Correction as part of the State correctional |
27 | system; establishing standards for county jails, and providing |
28 | for inspection and classification of county jails and for |
29 | commitment to State correctional facilities and county jails," |
30 | and the former act of October 16, 1972 (P.L.913, No.218), |
|
1 | entitled "An act establishing regional community treatment |
2 | centers for women administered by the Bureau of Correction of |
3 | the Department of Justice as part of the State Correctional |
4 | System, providing for the commitment of females to such centers |
5 | and their temporary release therefrom for certain purposes, |
6 | restricting confinement of females in county jails and |
7 | conferring powers and duties upon the Department of Justice and |
8 | the Bureau of Correction," prior to the effective date of this |
9 | section shall continue to have the force and effect of law and |
10 | shall be construed to be consistent with the provisions of 61 |
11 | Pa.C.S. § 1105. |
12 | Section 9 24. The addition of 61 Pa.C.S. Ch. 31 Subch. B is | <-- |
13 | a continuation of the act of June 1, 1915 (P.L.656, No.289), |
14 | entitled "An act providing a system of employment and |
15 | compensation for the inmates of the Eastern Penitentiary, |
16 | Western Penitentiary, and the Pennsylvania Industrial |
17 | Reformatory at Huntingdon, and for such other correctional |
18 | institutions as shall be hereafter established by the |
19 | Commonwealth, and making an appropriation therefor." The |
20 | following apply: |
21 | (1) Except as otherwise provided in 61 Pa.C.S. Ch. 31 |
22 | Subch. B, all activities initiated under the act of June 1, |
23 | 1915 (P.L.656, No.289) shall continue and remain in full |
24 | force and effect and may be completed under 61 Pa.C.S. Ch. 31 |
25 | Subch. B. Resolutions, orders, regulations, rules and |
26 | decisions which were made under the act of June 1, 1915 |
27 | (P.L.656, No.289) and which are in effect on the effective |
28 | date of this section shall remain in full force and effect |
29 | until revoked, vacated or modified under 61 Pa.C.S. Ch. 31 |
30 | Subch. B. Contracts, obligations and agreements entered into |
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1 | under the act of June 1, 1915 (P.L.656, No.289) are not |
2 | affected nor impaired by the repeal of the act of June 1, |
3 | 1915 (P.L.656, No.289). |
4 | (2) Any difference in language between 61 Pa.C.S. Ch. 31 |
5 | Subch. B and the act of June 1, 1915 (P.L.656, No.289) is |
6 | intended only to conform to the style of the Pennsylvania |
7 | Consolidated Statutes and is not intended to change or affect |
8 | the legislative intent, judicial construction or |
9 | administrative interpretation and implementation of the act |
10 | of June 1, 1915 (P.L.656, No.289). |
11 | Section 10 25. The following act is repealed: | <-- |
12 | (1) The General Assembly finds and declares that the |
13 | repeal under paragraph (2) is necessary to effectuate the |
14 | addition of 61 Pa.C.S. Ch. 31 Subch. B. |
15 | (2) The act of June 1, 1915 (P.L.656, No.289), entitled |
16 | "An act providing a system of employment and compensation for |
17 | the inmates of the Eastern Penitentiary, Western |
18 | Penitentiary, and the Pennsylvania Industrial Reformatory at |
19 | Huntingdon, and for such other correctional institutions as |
20 | shall be hereafter established by the Commonwealth, and |
21 | making an appropriation therefor," is repealed. |
22 | Section 11 26. The following provisions shall apply | <-- |
23 | retroactively to November 9, 2009: |
24 | (1) The addition of 61 Pa.C.S. §§ 1105 and 7115. |
25 | (2) Section 8 23 of this act. | <-- |
26 | Section 12 27. The following shall apply retroactively to | <-- |
27 | October 12, 2009: |
28 | (1) The amendment of 61 Pa.C.S. §§ 1721, 1722, and 1723. |
29 | (2) The amendment of the headings of Subchapters B and C |
30 | of Chapter 17. |
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1 | Section 13. This act shall take effect as follows: | <-- |
2 | (1) The addition of 61 Pa.C.S. § 3705 shall take effect |
3 | in 30 days. |
4 | (2) The addition of 61 Pa.C.S. Ch. 70 shall take effect |
5 | in 60 days. |
6 | (3) The remainder of this act shall take effect |
7 | immediately. |
8 | Section 28. This act shall take effect immediately. | <-- |
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