| HOUSE AMENDED |
| PRIOR PRINTER'S NOS. 85, 1329, 1668 | PRINTER'S NO. 2242 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY GREENLEAF, TARTAGLIONE, ERICKSON, M. WHITE, BRUBAKER, EARLL, FERLO, WOZNIAK, YUDICHAK, BROWNE AND BLAKE, JANUARY 12, 2011 |
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| AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 5, 2012 |
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| AN ACT |
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1 | Amending Titles 18 (Crimes and Offenses), 42 (Judiciary and | <-- |
2 | Judicial Procedure) and 61 (Prisons and Parole) of the |
3 | Pennsylvania Consolidated Statutes, in burglary and other |
4 | criminal intrusion, further providing for the offense of |
5 | burglary; in Pennsylvania Commission on sentencing, further |
6 | providing for powers and duties and for publication of |
7 | guidelines; in sentences, further providing for sentences for |
8 | second and subsequent offenses, for sentencing generally and |
9 | for sentence of county intermediate punishment; providing for |
10 | court-imposed sanctions for offenders violating probation; |
11 | further providing for county intermediate punishment |
12 | programs; in visitation, further providing for general |
13 | provisions; in inmate prerelease plans, providing for time |
14 | eligibility for prerelease; in motivational boot camp, |
15 | further providing for definitions and for selection of inmate |
16 | participants; in State intermediate punishment, further |
17 | providing for definitions and for referral to State |
18 | intermediate punishment program; in recidivism risk reduction |
19 | incentive, further providing for definitions; establishing |
20 | the Safe Community Reentry Program; and providing for the |
21 | powers and duties of the Pennsylvania Board of Probation and |
22 | Parole and the Department of Corrections. |
23 | Amending Titles 18 (Crimes and Offenses), 42 (Judiciary and | <-- |
24 | Judicial Procedure) and 61 (Prisons and Parole) of the |
25 | Pennsylvania Consolidated Statutes, in burglary and other |
26 | criminal intrusion, further providing for the offense of |
27 | burglary; in other offenses, further providing for drug |
28 | trafficking sentencing and penalties; in Pennsylvania |
29 | Commission on Sentencing, further providing for powers and |
30 | duties and for publication of guidelines; in sentencing, |
31 | further providing for sentences for second and subsequent |
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1 | offenses; in sentencing, providing for sentencing for certain |
2 | paroled offenders; in sentencing, further providing for |
3 | sentencing generally, for disposition under guilty but |
4 | mentally ill, for partial confinement, for total confinement |
5 | and for proceedings and location; in sentencing, providing |
6 | for court-imposed sanctions for offenders violating |
7 | probation; in county intermediate punishment, further |
8 | providing for definitions and for programs; in correctional |
9 | institutions administration, further providing for drug |
10 | distribution definitions; in inmate confinement visitation, |
11 | further providing for Gubernatorial visitors, for official |
12 | visitors and for rights of official visitors; in inmate |
13 | confinement prerelease plans, further providing for |
14 | establishment of prerelease centers, for prerelease plan for |
15 | inmates, for regulations and for compensation of inmates; in |
16 | inmate confinement motivational boot camps, further providing |
17 | for definitions and for selection of inmate participants; in |
18 | inmate confinement State intermediate punishment, further |
19 | providing for definitions and for referral to State |
20 | intermediate punishment program; in inmate confinement |
21 | recidivism risk reduction incentive, further providing for |
22 | definitions; in inmate confinement community corrections |
23 | facilities, further providing for definitions; in inmate |
24 | confinement, providing for safe community reentry and for |
25 | community corrections centers and community corrections |
26 | facilities; in probation and parole administration, further |
27 | providing for certain offenders residing in group-based |
28 | homes, for administrative powers over parolees, for general |
29 | court criteria for parole, for parole power, for parole |
30 | violation and for parole procedure; in probation and parole |
31 | administration, providing for early parole subject to Federal |
32 | order; making a related repeal; and abrogating regulations. |
33 | The General Assembly of the Commonwealth of Pennsylvania |
34 | hereby enacts as follows: |
35 | Section 1. Section 3502 of Title 18 of the Pennsylvania | <-- |
36 | Consolidated Statutes is amended to read: |
37 | Section 1. Sections 3502 and 7508(c) of Title 18 of the | <-- |
38 | Pennsylvania Consolidated Statutes are amended to read: |
39 | § 3502. Burglary. |
40 | [(a) Offense defined.--A person is guilty of burglary if he |
41 | enters a building or occupied structure, or separately secured |
42 | or occupied portion thereof, with intent to commit a crime |
43 | therein, unless the premises are at the time open to the public |
44 | or the actor is licensed or privileged to enter. |
45 | (b) Defense.--It is a defense to prosecution for burglary |
46 | that the building or structure was abandoned.] |
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1 | (a) Offense defined.--A person commits the offense of |
2 | burglary if, with the intent to commit a crime therein, the |
3 | person: |
4 | (1) enters a building or occupied structure, or |
5 | separately secured or occupied portion thereof that is |
6 | adapted for overnight accommodations in which at the time of |
7 | the offense any person is present; |
8 | (2) enters a building or occupied structure, or |
9 | separately secured or occupied portion thereof that is |
10 | adapted for overnight accommodations in which at the time of |
11 | the offense no person is present; |
12 | (3) enters a building or occupied structure, or |
13 | separately secured or occupied portion thereof that is not |
14 | adapted for overnight accommodations in which at the time of |
15 | the offense any person is present; or |
16 | (4) enters a building or occupied structure, or |
17 | separately secured or occupied portion thereof that is not |
18 | adapted for overnight accommodations in which at the time of |
19 | the offense no person is present. |
20 | (b) Defense.--It is a defense to prosecution for burglary if |
21 | any of the following exists at the time of the commission of the |
22 | offense: |
23 | (1) The building or structure was abandoned. |
24 | (2) The premises are open to the public. |
25 | (3) The actor is licensed or privileged to enter. |
26 | (c) Grading.-- |
27 | (1) Except as provided in paragraph (2), burglary is a |
28 | felony of the first degree. |
29 | (2) [If the building, structure or portion entered is |
30 | not adapted for overnight accommodation and if no individual |
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1 | is present at the time of entry, burglary is a felony of the |
2 | second degree.] An offense under subsection (a)(4) is a |
3 | felony of the second degree. |
4 | (d) Multiple convictions.--A person may not be [convicted] |
5 | sentenced both for burglary and for the offense which it was his |
6 | intent to commit after the burglarious entry or for an attempt |
7 | to commit that offense, unless the additional offense |
8 | constitutes a felony of the first or second degree. |
9 | § 7508. Drug trafficking sentencing and penalties. | <-- |
10 | * * * |
11 | (c) Mandatory sentencing.--There shall be no authority in |
12 | any court to impose on an offender to which this section is |
13 | applicable a lesser sentence than provided for herein or to |
14 | place the offender on probation, parole[,] or work release [or |
15 | prerelease] or to suspend sentence. Nothing in this section |
16 | shall prevent the sentencing court from imposing a sentence |
17 | greater than provided herein. Sentencing guidelines promulgated |
18 | by the Pennsylvania Commission on Sentencing shall not supersede |
19 | the mandatory sentences provided herein. Disposition under |
20 | section 17 or 18 of The Controlled Substance, Drug, Device and |
21 | Cosmetic Act shall not be available to a defendant to which this |
22 | section applies. |
23 | * * * |
24 | Section 1.1. Sections 2153(a)(14) and (15) and 2155 of Title |
25 | 42 are amended to read: |
26 | § 2153. Powers and duties. |
27 | (a) General rule.--The commission, pursuant to rules and |
28 | regulations, shall have the power to: |
29 | * * * |
30 | (14) Establish a program to systematically monitor |
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1 | compliance with the guidelines, with the risk assessment |
2 | instrument, with recommitment ranges and with mandatory |
3 | sentencing laws to document eligibility for and releases |
4 | pursuant to a county reentry plan, to document eligibility |
5 | for and imposition of recidivism risk reduction incentive |
6 | minimum sentences and to document all parole and reparole |
7 | decisions by the board and any other paroling authority by: |
8 | (i) Promulgating forms which document the |
9 | application of sentencing, resentencing and parole |
10 | guidelines, mandatory sentencing laws, risk assessment |
11 | instrument, releases pursuant to a county reentry plan, |
12 | recommitment ranges and recidivism risk reduction |
13 | incentive minimum sentences and collecting information on |
14 | all parole and reparole decisions by the board and any |
15 | other paroling authority. |
16 | (ii) Requiring the timely completion and electronic |
17 | submission of such forms to the commission. |
18 | (15) Prior to adoption of changes to guidelines for |
19 | sentencing, resentencing and parole, risk assessment |
20 | instrument and recommitment ranges following revocation, use |
21 | a correctional population simulation model to determine: |
22 | (i) Resources that are required under current |
23 | guidelines, risk assessment instrument and ranges. |
24 | (ii) Resources that would be required to carry out |
25 | any proposed changes to the guidelines, risk assessment |
26 | instrument and ranges. |
27 | * * * |
28 | § 2155. Publication of guidelines for sentencing, resentencing |
29 | and parole, risk assessment instrument and |
30 | recommitment ranges following revocation. |
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1 | (a) General rule.--The commission shall: |
2 | (1) Prior to adoption, publish in the Pennsylvania |
3 | Bulletin all proposed sentencing guidelines, resentencing |
4 | guidelines following revocation of probation, county |
5 | intermediate punishment and State intermediate punishment, |
6 | parole guidelines, risk assessment instrument and |
7 | recommitment ranges following revocation, by the board of | <-- |
8 | paroles granted, and hold public hearings not earlier than 30 |
9 | days and not later than 60 days thereafter to afford an |
10 | opportunity for the following persons and organizations to |
11 | testify: |
12 | (i) Pennsylvania District Attorneys Association. |
13 | (ii) Chiefs of Police Associations. |
14 | (iii) Fraternal Order of Police. |
15 | (iv) Public Defenders Organization. |
16 | (v) Law school faculty members. |
17 | (vi) State Board of Probation and Parole. |
18 | (vii) Department of Corrections. |
19 | (viii) Pennsylvania Bar Association. |
20 | (ix) Pennsylvania Wardens Association. |
21 | (x) Pennsylvania Association on Probation, Parole |
22 | and Corrections. |
23 | (xi) Pennsylvania Conference of State Trial Judges. |
24 | (xii) Any other interested person or organization. |
25 | (2) Publish in the Pennsylvania Bulletin sentencing |
26 | guidelines, resentencing guidelines following revocation of |
27 | probation, county intermediate punishment and State |
28 | intermediate punishment, parole guidelines, risk assessment |
29 | instrument and recommitment ranges following revocation by |
30 | the board of paroles granted as adopted by the commission. | <-- |
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1 | (b) Rejection by General Assembly.--Subject to gubernatorial |
2 | review pursuant to section 9 of Article III of the Constitution |
3 | of Pennsylvania, the General Assembly may by concurrent |
4 | resolution reject in their entirety any guidelines, risk |
5 | assessment instrument or recommitment ranges adopted by the |
6 | commission within 90 days of their publication in the |
7 | Pennsylvania Bulletin pursuant to subsection (a)(2). |
8 | (c) Effective date.-- |
9 | (1) Sentencing guidelines, resentencing guidelines |
10 | following revocation of probation, county intermediate |
11 | punishment and State intermediate punishment, parole |
12 | guidelines, risk assessment instrument and recommitment |
13 | ranges following revocation by the board of paroles granted, |
14 | adopted by the commission shall become effective 90 days |
15 | after publication in the Pennsylvania Bulletin pursuant to |
16 | subsection (a)(2) unless disapproved pursuant to subsection |
17 | (b) and shall apply to sentences and resentences and parole |
18 | decisions made after the effective date of the guidelines. |
19 | (2) If not disapproved, the [commissioners] commission |
20 | shall conduct training and orientation for trial court judges |
21 | and board members prior to the effective date of the |
22 | guidelines, risk assessment instrument and recommitment |
23 | ranges. |
24 | Section 1.2. Section 9714(g) of Title 42, amended July 7, |
25 | 2011 (P.L.220, No.40), is amended to read: |
26 | § 9714. Sentences for second and subsequent offenses. |
27 | * * * |
28 | (g) Definition.--As used in this section, the term "crime of |
29 | violence" means murder of the third degree, voluntary |
30 | manslaughter, manslaughter of a law enforcement officer as |
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1 | defined in 18 Pa.C.S. § 2507(c) or (d) (relating to criminal |
2 | homicide of law enforcement officer), murder of the third degree |
3 | involving an unborn child as defined in 18 Pa.C.S. § 2604(c) |
4 | (relating to murder of unborn child), aggravated assault of an |
5 | unborn child as defined in 18 Pa.C.S. § 2606 (relating to |
6 | aggravated assault of unborn child), aggravated assault as |
7 | defined in 18 Pa.C.S. § 2702(a)(1) or (2) (relating to |
8 | aggravated assault), assault of law enforcement officer as |
9 | defined in 18 Pa.C.S. § 2702.1 (relating to assault of law |
10 | enforcement officer), use of weapons of mass destruction as |
11 | defined in 18 Pa.C.S. § 2716(b) (relating to weapons of mass |
12 | destruction), terrorism as defined in 18 Pa.C.S. § 2717(b)(2) |
13 | (relating to terrorism), trafficking of persons when the offense |
14 | is graded as a felony of the first degree as provided in 18 |
15 | Pa.C.S. § 3002 (relating to trafficking of persons), rape, |
16 | involuntary deviate sexual intercourse, aggravated indecent |
17 | assault, incest, sexual assault, arson as defined in 18 Pa.C.S. |
18 | § 3301(a) (relating to arson and related offenses), ecoterrorism |
19 | as defined in 18 Pa.C.S. § 3311(b)(2) (relating to |
20 | ecoterrorism), kidnapping, burglary [of a structure adapted for |
21 | overnight accommodation in which at the time of the offense any |
22 | person is present] as defined in 18 Pa.C.S. § 3502(a)(1) |
23 | (relating to burglary), robbery as defined in 18 Pa.C.S. § |
24 | 3701(a)(1)(i), (ii) or (iii) (relating to robbery), or robbery |
25 | of a motor vehicle, drug delivery resulting in death as defined |
26 | in 18 Pa.C.S. § 2506(a) (relating to drug delivery resulting in |
27 | death), or criminal attempt, criminal conspiracy or criminal |
28 | solicitation to commit murder or any of the offenses listed |
29 | above, or an equivalent crime under the laws of this |
30 | Commonwealth in effect at the time of the commission of that |
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1 | offense or an equivalent crime in another jurisdiction. |
2 | Section 1.3. Title 42 is amended by adding a section to | <-- |
3 | read: |
4 | § 9720.3. Sentencing for certain paroled offenders. |
5 | A person unlawfully present in the United States who is |
6 | convicted in a court of this Commonwealth of an offense |
7 | committed subsequent to being paroled under 61 Pa.C.S. § 6143 |
8 | (relating to early parole of inmates subject to Federal removal |
9 | order) may be imprisoned for a term up to twice the term of |
10 | sentence otherwise authorized, fined an amount equal to twice |
11 | the fine otherwise authorized, or both. |
12 | Section 1.3. Section 9721(a.1) 2. Sections 9721(a.1), | <-- |
13 | 9727(d), 9755(g) and 9756(d) of Title 42 is are amended to read: | <-- |
14 | § 9721. Sentencing generally. |
15 | * * * |
16 | (a.1) Exception.-- |
17 | (1) Unless specifically authorized under section 9763 |
18 | (relating to a sentence of county intermediate punishment) or |
19 | [Chapter 99] 61 Pa.C.S. Ch. 41 (relating to State | <-- |
20 | intermediate punishment), subsection (a) shall not apply |
21 | where a mandatory minimum sentence is otherwise provided by |
22 | law. |
23 | (2) An eligible offender may be sentenced to State |
24 | intermediate punishment pursuant to subsection (a)(7) and as |
25 | described in [Chapter 99] 61 Pa.C.S. Ch. 41 or to State | <-- |
26 | motivational boot camp as described in 61 Pa.C.S. Ch. 39 |
27 | (relating to motivational boot camp), even if a mandatory |
28 | minimum sentence would otherwise be provided by law. |
29 | (3) An eligible offender may be sentenced to total |
30 | confinement pursuant to subsection (a)(4) and a recidivism |
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1 | risk reduction incentive minimum sentence pursuant to section |
2 | 9756(b.1) (relating to sentence of total confinement), even |
3 | if a mandatory minimum sentence would otherwise be provided |
4 | by law. |
5 | * * * |
6 | Section 2. Section 9763(c) heading of Title 42 is amended | <-- |
7 | and the section is amended by adding a subsection to read: |
8 | § 9763. Sentence of county intermediate punishment. |
9 | * * * |
10 | (c) Restriction for certain Vehicle Code violations.-- |
11 | * * * |
12 | (c.1) Restriction for drug trafficking.-- |
13 | (1) Any person receiving a penalty imposed pursuant to |
14 | 18 Pa.C.S. § 7508 (relating to drug trafficking sentencing |
15 | and penalties) where the sentence is imposed pursuant to 18 |
16 | Pa.C.S. § 7508(a)(1)(i), (2)(i), (3)(i), (4)(i) or (7)(i) may |
17 | only be sentenced to county intermediate punishment after |
18 | undergoing a diagnostic assessment of dependency on alcohol |
19 | or other drugs. |
20 | (2) If the defendant is determined to be in need of drug |
21 | and alcohol treatment, the defendant may only be sentenced to |
22 | county intermediate punishment which includes participation |
23 | in clinically prescribed drug and alcohol treatment combined |
24 | with one or more of the following programs: |
25 | (i) a residential inpatient program or a residential |
26 | rehabilitative center; |
27 | (ii) house arrest with electronic surveillance; or |
28 | (iii) a partial confinement program, including, but |
29 | not limited to, work release, work camp and halfway |
30 | facility. |
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1 | (3) If the defendant is determined not to be in need of |
2 | drug and alcohol treatment, the defendant may only be |
3 | sentenced to county intermediate punishment in: |
4 | (i) house arrest with electronic surveillance; |
5 | (ii) a partial confinement program, including, but |
6 | not limited to, work release, work camp and halfway |
7 | facility; or |
8 | (iii) any combination of the programs specified in |
9 | this paragraph. |
10 | (4) Each day of participation in a restrictive |
11 | intermediate punishment program or combination of programs |
12 | shall be considered the equivalent of and satisfy one day of |
13 | total confinement required pursuant to 18 Pa.C.S. § 7508 |
14 | where the sentence is imposed pursuant to 18 Pa.C.S. § |
15 | 7508(a)(1)(i), (2)(i), (3)(i), (4)(i) or (7)(i). |
16 | * * * |
17 | § 9727. Disposition of persons found guilty but mentally ill. | <-- |
18 | * * * |
19 | (d) [Prerelease and parole] Parole conditions.--An offender |
20 | who is discharged from treatment may be placed on [prerelease |
21 | or] parole status under the same terms and laws applicable to |
22 | any other offender. Psychological and psychiatric counseling and |
23 | treatment may be required as a condition of such status. Failure |
24 | to continue treatment, except by agreement of the supervising |
25 | authority, shall be a basis for [terminating prerelease status |
26 | or] instituting parole violation hearings. |
27 | * * * |
28 | § 9755. Sentence of partial confinement. |
29 | * * * |
30 | (g) Prisoner release plans.--This section shall not be |
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1 | interpreted as limiting [the authority of the Bureau of |
2 | Correction as set forth in the act of July 16, 1968 (P.L.351, |
3 | No.173), as amended, relating to prisoner pre-release centers |
4 | and release plans, or] the authority of the court as set forth |
5 | in [the act of August 13, 1963 (P.L.774, No.390), as amended, |
6 | relating to prisoner release for occupational and other |
7 | purposes] section 9755.1 (relating to temporary release from |
8 | county correctional institution). |
9 | * * * |
10 | § 9756. Sentence of total confinement. |
11 | * * * |
12 | (d) Prisoner release plans.--This section shall not be |
13 | interpreted as limiting [the authority of the Bureau of |
14 | Correction as set forth in the act of July 16, 1968 (P.L.351, |
15 | No.173), as amended, relating to prisoner pre-release centers |
16 | and release plans, or] the authority of the court as set forth |
17 | in [the act of August 13, 1963 (P.L.774, No.390), as amended, |
18 | relating to prisoner release for occupational and other |
19 | purposes] section 9755.1 (relating to temporary release from |
20 | county correctional institution). |
21 | * * * |
22 | Section 3. Section 9762 of Title 42 is amended by adding a |
23 | subsection to read: |
24 | § 9762. Sentencing proceeding; place of confinement. |
25 | * * * |
26 | (i) Prohibition.--Notwithstanding any other provision of |
27 | law, no person sentenced to total or partial confinement after |
28 | the effective date of this subsection shall be committed to the |
29 | Department of Corrections unless: |
30 | (1) the sentence is the result of a conviction for an |
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1 | offense graded as a misdemeanor of the second degree or |
2 | higher; or |
3 | (2) the Secretary of Corrections or the secretary's |
4 | designee has consented to the commitment. |
5 | Section 3 3.1. Title 42 is amended by adding a section to | <-- |
6 | read: |
7 | § 9771.1. Court-imposed sanctions for offenders violating |
8 | probation. |
9 | (a) Program.--Notwithstanding the provisions of section 9771 |
10 | (relating to modification or revocation of order of probation), |
11 | the court of common pleas of a judicial district may establish a |
12 | program to impose swift, predictable and immediate sanctions on |
13 | offenders who violate their probation. |
14 | (b) Coordination with other officials.--The court shall work |
15 | with probation administrators and officers, jail administrators, |
16 | prosecutors, public defenders and law enforcement in the |
17 | judicial district to develop and implement the program. |
18 | (c) Eligibility.-- |
19 | (1) The court shall determine which offenders are |
20 | eligible for and admitted into the program. The program shall |
21 | focus on, but not be limited to, offenders who have committed |
22 | drug-related crimes. |
23 | (2) An offender shall be ineligible for the program if |
24 | the offender was has been convicted or adjudicated delinquent | <-- |
25 | of a crime of violence as defined in section 9714 (relating |
26 | to sentences for second and subsequent offenses) or of a |
27 | crime requiring registration under section 9795.1 Subchapter | <-- |
28 | H (relating to registration of sexual offenders). | <-- |
29 | (d) Warning hearing.-- |
30 | (1) The court shall hold a warning hearing for each |
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1 | participant in the program to clearly communicate program |
2 | expectations and consequences and to encourage the |
3 | participant's compliance and success. |
4 | (2) The court shall emphasize the expectations that the |
5 | participant remain drug-free and comply with any treatment or |
6 | services ordered by the court as a condition of the |
7 | participant's probation. |
8 | (3) The court shall put the participant on notice that |
9 | each probation violation, including missed appointments and |
10 | positive drug tests, will result in jail time as provided for |
11 | under subsection (g). |
12 | (e) Drug testing.--The program shall require, when |
13 | applicable, randomized drug testing. |
14 | (f) Violation hearing.--If a participant commits a probation |
15 | violation, the participant shall promptly be arrested and a |
16 | hearing shall be held no later than two business days after the |
17 | arrest date. |
18 | (g) Sanctions.-- |
19 | (1) The court shall impose a term of imprisonment of up |
20 | to: |
21 | (i) three days for a first violation; |
22 | (ii) seven days for a second violation; |
23 | (iii) fourteen days for a third violation; and |
24 | (iv) twenty-one days for a fourth or subsequent |
25 | violation of probation. |
26 | (2) The court may allow the term of imprisonment to be |
27 | served on weekends or other nonwork days for employed |
28 | probationers who have committed a first or second violation. |
29 | (3) The court may increase the conditions of probation, |
30 | including additional substance abuse treatment for a |
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1 | participant who has failed one or more drug tests. |
2 | (h) Exceptions.--If the participant is able to provide a |
3 | compelling reason for the probation violation, the court may |
4 | grant an exception to the sanctions authorized under subsection |
5 | (g). |
6 | (i) Revocation of probation.-- |
7 | (1) After a third violation, the court may revoke the |
8 | order of probation. |
9 | (2) Upon revocation, the sentencing alternatives shall |
10 | be the same as were available at the time of initial |
11 | sentencing, due consideration being given to the time spent |
12 | serving the order of probation. |
13 | (j) Local rules.-- |
14 | (1) The court may adopt local rules for the |
15 | administration of this program. Except as provided for under |
16 | paragraph (2), the local rules may not be inconsistent with |
17 | this section or any rules adopted by the Supreme Court. |
18 | (2) The court may adopt local rules that are |
19 | inconsistent with subsection (g) regarding the terms of |
20 | imprisonment or other sanctions or conditions provided for |
21 | under subsection (g). |
22 | Section 3.2. The definition of "eligible offender" in | <-- |
23 | section 9802 of Title 42 is amended to read: |
24 | § 9802. Definitions. |
25 | The following words and phrases when used in this chapter |
26 | shall have the meanings given to them in this section unless the |
27 | context clearly indicates otherwise: |
28 | * * * |
29 | "Eligible offender." Subject to section 9721(a.1) (relating |
30 | to sentencing generally), a person convicted of an offense who |
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1 | would otherwise be sentenced to a county correctional facility, |
2 | who does not demonstrate a present or past pattern of violent |
3 | behavior and who would otherwise be sentenced to partial |
4 | confinement pursuant to section 9724 (relating to partial |
5 | confinement) or total confinement pursuant to section 9725 |
6 | (relating to total confinement). The term does not include an |
7 | offender who has been convicted or adjudicated delinquent of a |
8 | crime requiring registration under 42 Pa.C.S. Ch. 97 Subch. H |
9 | (relating to registration of sexual offenders) or an offender |
10 | with a current conviction or a prior conviction within the past |
11 | ten years for any of the following offenses: |
12 | 18 Pa.C.S. § 2502 (relating to murder). |
13 | 18 Pa.C.S. § 2503 (relating to voluntary manslaughter). |
14 | 18 Pa.C.S. § 2702 (relating to aggravated assault). |
15 | 18 Pa.C.S. § 2703 (relating to assault by prisoner). |
16 | 18 Pa.C.S. § 2704 (relating to assault by life prisoner). |
17 | 18 Pa.C.S. § 2901(a) (relating to kidnapping). |
18 | [18 Pa.C.S. § 3121 (relating to rape).] |
19 | 18 Pa.C.S. § 3122.1(a)(1) (relating to statutory sexual |
20 | assault). |
21 | [18 Pa.C.S. § 3123 (relating to involuntary deviate |
22 | sexual intercourse). |
23 | 18 Pa.C.S. § 3124.1 (relating to sexual assault). |
24 | 18 Pa.C.S. § 3125 (relating to aggravated indecent |
25 | assault). |
26 | 18 Pa.C.S. § 3126 (relating to indecent assault).] |
27 | 18 Pa.C.S. § 3301 (relating to arson and related |
28 | offenses). |
29 | 18 Pa.C.S. § 3502 (relating to burglary) when graded as a |
30 | felony of the first degree. |
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1 | 18 Pa.C.S. § 3701 (relating to robbery). |
2 | 18 Pa.C.S. § 3923 (relating to theft by extortion). |
3 | 18 Pa.C.S. § 4302(a) (relating to incest). |
4 | 18 Pa.C.S. § 5121 (relating to escape). |
5 | * * * |
6 | Section 4. Section 9804(b)(1) of Title 42 is amended and the | <-- |
7 | subsection is amended by adding a paragraph to read: |
8 | § 9804. County intermediate punishment programs. |
9 | * * * |
10 | (b) Eligibility.-- |
11 | (1) (i) No person other than the eligible offender |
12 | shall be sentenced to a county intermediate punishment |
13 | program. |
14 | (ii) The prosecuting attorney, in the prosecuting |
15 | attorney's sole discretion, may advise the court that the |
16 | Commonwealth has elected to waive the eligibility |
17 | requirements of this chapter if the victim has been given |
18 | notice of the prosecuting attorney's intent to waive the |
19 | eligibility requirements and an opportunity to be heard |
20 | on the issue. |
21 | (iii) The court, after considering victim input, may |
22 | refuse to accept the prosecuting attorney's waiver of the |
23 | eligibility requirements. |
24 | * * * |
25 | (6) (i) Any person receiving a penalty imposed pursuant | <-- |
26 | to 18 Pa.C.S. § 7508 (relating to drug trafficking |
27 | sentencing and penalties) where the sentence is imposed |
28 | pursuant to 18 Pa.C.S. § 7508(a)(1)(i), (2)(i), (3)(i), |
29 | (4)(i) or (7)(i) may only be sentenced to county |
30 | intermediate punishment after undergoing a diagnostic |
|
1 | assessment of dependency on alcohol or other drugs. |
2 | (ii) If the defendant is determined to be in need of |
3 | drug and alcohol treatment, the defendant may only be |
4 | sentenced to county intermediate punishment which |
5 | includes participation in clinically prescribed drug and |
6 | alcohol treatment combined with one or more of the |
7 | following programs: |
8 | (A) a residential inpatient program or a |
9 | residential rehabilitative center; |
10 | (B) house arrest with electronic surveillance; |
11 | or |
12 | (C) a partial confinement program, including, |
13 | but not limited to, work release, work camp and |
14 | halfway facility. |
15 | (iii) If the defendant is determined not to be in |
16 | need of drug and alcohol treatment, the defendant may |
17 | only be sentenced to county intermediate punishment in: |
18 | (A) house arrest with electronic surveillance; |
19 | (B) a partial confinement program, including, |
20 | but not limited to, work release, work camp and |
21 | halfway facility; or |
22 | (C) any combination of the programs specified in |
23 | this paragraph. |
24 | (iv) Each day of participation in a restrictive |
25 | intermediate punishment program or combination of |
26 | programs shall be considered the equivalent of and |
27 | satisfy one day of total confinement required pursuant to |
28 | 18 Pa.C.S. § 7508 where the sentence is imposed pursuant |
29 | to 18 Pa.C.S. § 7508(a)(1)(i), (2)(i), (3)(i), (4)(i) or |
30 | (7)(i). |
|
1 | Section 5. The definition of "correctional facility" in | <-- |
2 | section 1172 of Title 61 is amended to read: |
3 | § 1172. Definitions. |
4 | The following words and phrases when used in this subchapter |
5 | shall have the meanings given to them in this section unless the |
6 | context clearly indicates otherwise: |
7 | "Correctional facility." A correctional institution, group |
8 | home, [prerelease center,] community corrections center, parole |
9 | center or any facility that houses a person convicted of a |
10 | criminal offense, or awaiting trial, sentencing or extradition |
11 | in a criminal proceeding. The term does not include any facility |
12 | or institution operated, supervised or licensed under the act of |
13 | June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code. |
14 | * * * |
15 | Section 5 5.1. Subchapter A heading of Chapter 35 of Title | <-- |
16 | 61 is amended to read: |
17 | SUBCHAPTER A |
18 | [GENERAL PROVISIONS] |
19 | (Reserved) |
20 | Section 6. Sections 3501, 3502 and, 3503, 3701, 3702, 3703 | <-- |
21 | and 3704 of Title 61 are amended to read: |
22 | § 3501. [Gubernatorial visitor for philanthropic purposes. |
23 | The Governor may appoint a person to visit, for philanthropic |
24 | purposes, correctional institutions. No expense shall be |
25 | incurred to the Commonwealth for the implementation of this |
26 | section.] (Reserved). |
27 | § 3502. [Official visitors. |
28 | (a) General rule.--Subject to the provisions of subsection |
29 | (b), the active or visiting committee of any society |
30 | incorporated for the purpose of visiting and instructing inmates |
|
1 | are hereby made official visitors of any correctional |
2 | institution, with the same powers, privileges and functions as |
3 | are vested in the official visitors of correctional institutions |
4 | as now prescribed by law. |
5 | (b) Notice required.--No active or visiting committee as |
6 | identified in subsection (a) may visit a correctional |
7 | institution under this section unless notice of the names of the |
8 | members of the committee and the terms of their appointment are |
9 | given by the society, in writing, under its corporate seal, to |
10 | the chief administrator of the correctional institution.] |
11 | (Reserved). |
12 | § 3503. [Rights of official visitors. |
13 | (a) Visiting hours.--A person designated by law to be an |
14 | official visitor of a correctional institution may enter and |
15 | visit any correctional institution on any and every day, |
16 | including Sundays, between the hours of 9 a.m. and 5 p.m. and at |
17 | such other times with the special permission of the chief |
18 | administrator. |
19 | (b) Confirmation of role.--All powers, functions and |
20 | privileges granted to official visitors of correctional |
21 | institutions under prior law are hereby confirmed. No official |
22 | visitor shall have the right or power to give or deliver to an |
23 | inmate during such visit any chattel or object whatsoever, |
24 | except objects and articles of religious or moral instruction or |
25 | use. |
26 | (c) Effect of violation.-- |
27 | (1) If an official visitor violates any provision of |
28 | this section, a chief administrator may apply to the court of |
29 | common pleas in the county wherein the correctional |
30 | institution is situated for a rule upon the official visitor |
|
1 | to show cause why he should not be deprived of his office. |
2 | (2) Upon proof to the satisfaction of the court, the |
3 | court shall enter a decree against the official visitor |
4 | depriving him of all rights, privileges and functions of an |
5 | official visitor.] (Reserved). |
6 | Section 7. Title 61 is amended by adding a section to read: | <-- |
7 | § 3705. Time eligibility for prerelease. |
8 | (a) General rule.--To be time-eligible for placement in a |
9 | prerelease center, an inmate must: |
10 | (1) have completed at least one-half of the inmate's |
11 | minimum sentence; |
12 | (2) be within one year of completing the inmate's |
13 | minimum sentence; |
14 | (3) have no outstanding detainers; and |
15 | (4) have continuously served for a total of at least |
16 | nine months in a county jail or in a State correctional |
17 | institution for that sentence. |
18 | (b) Exception.--Notwithstanding the provisions of subsection |
19 | (a), no inmate shall be eligible for placement in a prerelease |
20 | center prior to the completion of the inmate's minimum sentence |
21 | if the inmate is serving a term of imprisonment for: |
22 | (1) a crime of violence as defined in 42 Pa.C.S. §9714 |
23 | (relating to sentences for second and subsequent offenses); |
24 | or |
25 | (2) a crime requiring registration under 42 Pa.C.S. |
26 | §9795.1 (relating to registration). |
27 | [§ 3701. Establishment of prerelease centers. | <-- |
28 | The department shall establish, with the approval of the |
29 | Governor, prisoner prerelease centers at such locations |
30 | throughout this Commonwealth as it deems necessary to carry out |
|
1 | effective prisoner prerelease programs. |
2 | § 3702. Prerelease plan for inmates. |
3 | (a) Transfer authorization.-- |
4 | (1) The secretary may transfer an inmate incarcerated in |
5 | any prerelease center or in any prerelease center located in |
6 | any State correctional institution who has not been sentenced |
7 | to death or life imprisonment to any prerelease center. |
8 | (2) The transfer of the inmate to the prerelease center |
9 | shall not occur where the transfer is not appropriate due to |
10 | a certified terminal illness. |
11 | (b) Temporary release.--An inmate transferred to and |
12 | confined in a prerelease center may be released temporarily with |
13 | or without direct supervision at the discretion of the |
14 | department, in accordance with rules and regulations as provided |
15 | in section 3703 (relating to rules and regulations), for the |
16 | purposes of gainful employment, vocational or technical |
17 | training, academic education and such other lawful purposes as |
18 | the department shall consider necessary and appropriate for the |
19 | furtherance of the inmate's individual prerelease program |
20 | subject to compliance with subsection (c). |
21 | (c) Conditions for release of certain inmates.-- |
22 | (1) An inmate who has not served his minimum sentence |
23 | may not be transferred to a prerelease center unless: |
24 | (i) more than 20 days have elapsed after written |
25 | notice of the proposed transfer, describing the inmate's |
26 | individual prerelease program, has been received by the |
27 | sentencing judge or, in the event the sentencing judge is |
28 | unavailable, the sentencing court and the prosecuting |
29 | district attorney's office and no written objection by |
30 | the judge containing the reason therefor has been |
|
1 | received by the department; |
2 | (ii) the judge withdraws his objection after |
3 | consultation with representatives of the department; or |
4 | (iii) approval of the proposed transfer is given by |
5 | the Board of Pardons. |
6 | (2) In the event of a timely objection by the judge, |
7 | representatives of the department shall meet with the judge |
8 | and attempt to resolve the disagreement. |
9 | (3) If, within 20 days of the department's receipt of |
10 | the objection: |
11 | (i) the judge does not withdraw his objection; |
12 | (ii) the department does not withdraw its proposal |
13 | for transfer; or |
14 | (iii) the judge and the department do not agree on |
15 | an alternate proposal for transfer, the matter shall be |
16 | listed for hearing at the next session of the Board of |
17 | Pardons to be held in the hearing district in which the |
18 | judge is located. |
19 | (4) During the hearing before the Board of Pardons, |
20 | representatives of the judge, the department, the district |
21 | attorney of the county where the inmate was prosecuted and |
22 | any victim involved shall have the opportunity to be heard. |
23 | (d) Notice of release.-- |
24 | (1) An inmate who has served his minimum sentence may be |
25 | released by the department only after notice to the judge |
26 | that the privilege is being granted. |
27 | (2) Notice of the release of an inmate shall be given to |
28 | the Pennsylvania State Police, the probation officer and the |
29 | sheriff or chief of police of the county and the chief of |
30 | police of the municipality or township of the locality to |
|
1 | which the inmate is assigned or of the inmate's authorized |
2 | destination. |
3 | § 3703. Rules and regulations. |
4 | The department shall establish rules and regulations for |
5 | granting and administering release plans and shall determine |
6 | those inmates who may participate in any plan. If an inmate |
7 | violates the rules or regulations prescribed by the department, |
8 | the inmate's release privileges may be withdrawn. Failure of an |
9 | inmate to report to or return from the assigned place of |
10 | employment, training, education or other authorized destination |
11 | shall be deemed an offense under 18 Pa.C.S. § 5121 (relating to |
12 | escape). |
13 | § 3704. Salaries and wages of inmates. |
14 | (a) General rule.--The salaries or wages of inmates |
15 | gainfully employed under a plan established under this chapter |
16 | shall be collected by the department or its designated agents or |
17 | employees. The wages shall not be subject to garnishment or |
18 | attachment for any purpose either in the hands of the employer |
19 | or the department during the inmate's term of imprisonment and |
20 | shall be disbursed only as provided in this section, but for tax |
21 | purposes they shall be income of the inmate. |
22 | (b) Use of salaries or wages.--The salaries or wages of an |
23 | inmate participating in a plan established under this chapter |
24 | shall be disbursed by the department in the following order: |
25 | (1) The board of the inmate, including food and |
26 | clothing. |
27 | (2) Necessary travel expense to and from work and other |
28 | incidental expenses of the inmate. |
29 | (3) Support of the inmate's dependents, if any. |
30 | (4) Payment, either in full or ratably, of the inmate's |
|
1 | obligations acknowledged by him in writing or which have been |
2 | reduced to judgment. |
3 | (5) The balance, if any, to the inmate upon his |
4 | discharge.] |
5 | Section 7. (Reserved). |
6 | Section 8. The definition of "eligible inmate" in section | <-- |
7 | 3903 of Title 61 is amended to read: | <-- |
8 | § 3903. Definitions. |
9 | The following words and phrases when used in this chapter |
10 | shall have the meanings given to them in this section unless the |
11 | context clearly indicates otherwise: |
12 | * * * |
13 | "Eligible inmate." A person sentenced to a term of |
14 | confinement under the jurisdiction of the Department of |
15 | Corrections who is serving a term of confinement, the minimum of |
16 | which is not more than two years and the maximum of which is |
17 | five years or less, or an inmate who is serving a term of |
18 | confinement, the minimum of which is not more than three years |
19 | where that inmate is within two years of completing his minimum |
20 | term, and who has not reached [35] 40 years of age at the time |
21 | he is approved for participation in the motivational boot camp |
22 | program. The term shall not include any inmate who is subject to |
23 | a sentence the calculation of which included an enhancement for |
24 | the use of a deadly weapon as defined pursuant to the sentencing |
25 | guidelines promulgated by the Pennsylvania Commission on |
26 | Sentencing [or any inmate [serving a sentence for any violation | <-- |
27 | of one or more of the following provisions], any inmate who has | <-- |
28 | been convicted or adjudicated delinquent of any crime requiring |
29 | registration under 42 Pa.C.S. Ch. 97 Subch. H (relating to |
30 | registration of sexual offenders) or any inmate with a current |
|
1 | conviction or a prior conviction within the past ten years for |
2 | any of the following offenses: |
3 | 18 Pa.C.S. § 2502 (relating to murder). |
4 | 18 Pa.C.S. § 2503 (relating to voluntary manslaughter). |
5 | 18 Pa.C.S. § 2506 (relating to drug delivery resulting in |
6 | death). |
7 | 18 Pa.C.S. § [2901] 2901(a) (relating to kidnapping). | <-- |
8 | [18 Pa.C.S. § 3121 (relating to rape). | <-- |
9 | 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual |
10 | intercourse). |
11 | 18 Pa.C.S. § 3124.1 (relating to sexual assault). |
12 | 18 Pa.C.S. § 3125 (relating to aggravated indecent |
13 | assault).] | <-- |
14 | 18 Pa.C.S. § 3301(a)(1)(i) (relating to arson and related |
15 | offenses). |
16 | 18 Pa.C.S. § 3502 (relating to burglary) in the case of |
17 | burglary of a structure adapted for overnight accommodation |
18 | in which at the time of the offense any person is present. |
19 | 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to |
20 | robbery). |
21 | 18 Pa.C.S. § 3702 (relating to robbery of motor vehicle). |
22 | 18 Pa.C.S. § 7508 (a)(1)(iii), (2)(iii), (3)(iii) or (4) |
23 | (iii) (relating to drug trafficking sentencing and |
24 | penalties). |
25 | * * * |
26 | Section 9. Section 3904 of Title 61 is amended by adding a |
27 | subsection to read: |
28 | § 3904. Selection of inmate participants. |
29 | * * * |
30 | (d) Waiver of eligibility requirements.-- |
|
1 | (1) The prosecuting attorney, in the prosecuting |
2 | attorney's sole discretion, may advise the court that the |
3 | Commonwealth has elected to waive the eligibility |
4 | requirements of this chapter if the victim has been given |
5 | notice of the prosecuting attorney's intent to waive the |
6 | eligibility requirements and an opportunity to be heard on |
7 | the issue. |
8 | (2) The court, after considering victim input, may |
9 | refuse to accept the prosecuting attorney's waiver of the |
10 | eligibility requirements. |
11 | Section 10. The definitions of "defendant" and "eligible | <-- |
12 | offender" "community corrections center," "defendant," "eligible | <-- |
13 | offender" and "group home" in section 4103 of Title 61 are |
14 | amended to read: |
15 | § 4103. Definitions. |
16 | The following words and phrases when used in this chapter |
17 | shall have the meanings given to them in this section unless the |
18 | context clearly indicates otherwise: |
19 | * * * |
20 | "Defendant." An individual charged with a drug-related | <-- |
21 | offense, including an individual convicted of violating section |
22 | 13(a)(14), (30) or (37) of the act of April 14, 1972 (P.L.233, |
23 | No.64), known as The Controlled Substance, Drug, Device and |
24 | Cosmetic Act, where the sentence was imposed pursuant 18 Pa.C.S. |
25 | § 7508(a)(1)(i), (2)(i), (3)(i), (4)(i) or (7)(i) (relating to |
26 | drug trafficking sentencing and penalties). |
27 | * * * |
28 | "Eligible offender." Subject to 42 Pa.C.S. § 9721(a.1) |
29 | (relating to sentencing generally), a defendant designated by |
30 | the sentencing court as a person convicted of a drug-related |
|
1 | offense who: |
2 | (1) Has undergone an assessment performed by the |
3 | Department of Corrections, which assessment has concluded |
4 | that the defendant is in need of drug and alcohol addiction |
5 | treatment and would benefit from commitment to a drug |
6 | offender treatment program and that placement in a drug |
7 | offender treatment program would be appropriate. |
8 | (2) Does not demonstrate a history of present or past |
9 | violent behavior. |
10 | (3) Would be placed in the custody of the department if |
11 | not sentenced to State intermediate punishment. |
12 | (4) Provides written consent permitting release of |
13 | information pertaining to the defendant's participation in a |
14 | drug offender treatment program. |
15 | The term shall not include a defendant who is subject to a |
16 | sentence the calculation of which includes an enhancement for |
17 | the use of a deadly weapon, as defined pursuant to law or the |
18 | sentencing guidelines promulgated by the Pennsylvania Commission |
19 | on Sentencing, or a defendant [who has been convicted of a |
20 | personal injury crime as defined in section 103 of the act of |
21 | November 24, 1998 (P.L.882, No.111), known as the Crime Victims |
22 | Act, or an attempt or conspiracy to commit such a crime or who |
23 | has been convicted of violating 18 Pa.C.S. § 4302 (relating to |
24 | incest), 5901 (relating to open lewdness), 6312 (relating to |
25 | sexual abuse of children), 6318 (relating to unlawful contact |
26 | with minor) or 6320 (relating to sexual exploitation of |
27 | children) or Ch. 76 Subch. C (relating to Internet child |
28 | pornography)] with a current conviction or a prior conviction |
29 | within the past ten years for any of the following offenses: |
30 | 18 Pa.C.S. § 2502 (relating to murder). |
|
1 | 18 Pa.C.S. § 2503 (relating to voluntary manslaughter). |
2 | 18 Pa.C.S. § 2506 (relating to drug delivery resulting in |
3 | death). |
4 | 18 Pa.C.S. § 2901 (relating to kidnapping). |
5 | 18 Pa.C.S. § 3121 (relating to rape). |
6 | 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual |
7 | intercourse). |
8 | 18 Pa.C.S. § 3124.1 (relating to sexual assault). |
9 | 18 Pa.C.S. § 3125 (relating to aggravated indecent |
10 | assault). |
11 | 18 Pa.C.S. § 3301(a)(1)(i) (relating to arson and related |
12 | offenses). |
13 | 18 Pa.C.S. § 3502 (relating to burglary), in the case of |
14 | burglary of a structure adapted for overnight accommodation |
15 | in which at the time of the offense any person is present. |
16 | 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to |
17 | robbery). |
18 | 18 Pa.C.S. § 3702 (relating to robbery of motor vehicle). |
19 | 18 Pa.C.S. § 7508 (a)(1)(iii), (2)(iii), (3)(iii) or (4) |
20 | (iii) (relating to drug trafficking sentencing and |
21 | penalties). |
22 | * * * |
23 | Section 11. Section 4104(a)(1) of Title 61 is amended and |
24 | the subsection is amended by adding a paragraph to read: | <-- |
25 | "Community corrections center." A residential program that | <-- |
26 | is supervised and operated by the Department of Corrections [for |
27 | inmates with prerelease status or who are on parole] in |
28 | accordance with Chapter 50 (relating to community corrections |
29 | centers and community corrections facilities). |
30 | * * * |
|
1 | "Defendant." An individual charged with a drug-related |
2 | offense, including an individual convicted of violating section |
3 | 13(a)(14), (30) or (37) of the act of April 14, 1972 (P.L.233, |
4 | No.64), known as The Controlled Substance, Drug, Device and |
5 | Cosmetic Act, where the sentence was imposed pursuant 18 Pa.C.S. |
6 | § 7508(a)(1)(i), (2)(i), (3)(i), (4)(i) or (7)(i) (relating to |
7 | drug trafficking sentencing and penalties). |
8 | * * * |
9 | "Eligible offender." Subject to 42 Pa.C.S. § 9721(a.1) |
10 | (relating to sentencing generally), a defendant designated by |
11 | the sentencing court as a person convicted of a drug-related |
12 | offense who: |
13 | (1) Has undergone an assessment performed by the |
14 | Department of Corrections, which assessment has concluded |
15 | that the defendant is in need of drug and alcohol addiction |
16 | treatment and would benefit from commitment to a drug |
17 | offender treatment program and that placement in a drug |
18 | offender treatment program would be appropriate. |
19 | (2) Does not demonstrate a history of present or past |
20 | violent behavior. |
21 | (3) Would be placed in the custody of the department if |
22 | not sentenced to State intermediate punishment. |
23 | (4) Provides written consent permitting release of |
24 | information pertaining to the defendant's participation in a |
25 | drug offender treatment program. |
26 | The term shall not include a defendant who is subject to a |
27 | sentence the calculation of which includes an enhancement for |
28 | the use of a deadly weapon, as defined pursuant to law or the |
29 | sentencing guidelines promulgated by the Pennsylvania Commission |
30 | on Sentencing, a defendant who has been convicted or adjudicated |
|
1 | delinquent of any crime requiring registration under 42 Pa.C.S. |
2 | Ch. 97 Subch. H (relating to registration of sexual offenders) |
3 | or a defendant [who has been convicted of a personal injury |
4 | crime as defined in section 103 of the act of November 24, 1998 |
5 | (P.L.882, No.111), known as the Crime Victims Act, or an attempt |
6 | or conspiracy to commit such a crime or who has been convicted |
7 | of violating 18 Pa.C.S. § 4302 (relating to incest), 5901 |
8 | (relating to open lewdness), 6312 (relating to sexual abuse of |
9 | children), 6318 (relating to unlawful contact with minor) or |
10 | 6320 (relating to sexual exploitation of children) or Ch. 76 |
11 | Subch. C (relating to Internet child pornography)] with a |
12 | current conviction or a prior conviction within the past ten |
13 | years for any of the following offenses: |
14 | 18 Pa.C.S. § 2502 (relating to murder). |
15 | 18 Pa.C.S. § 2503 (relating to voluntary manslaughter). |
16 | 18 Pa.C.S. § 2506 (relating to drug delivery resulting in |
17 | death). |
18 | 18 Pa.C.S. § 2901(a) (relating to kidnapping). |
19 | 18 Pa.C.S. § 3301(a)(1)(i) (relating to arson and related |
20 | offenses). |
21 | 18 Pa.C.S. § 3502 (relating to burglary), in the case of |
22 | burglary of a structure adapted for overnight accommodation |
23 | in which at the time of the offense any person is present. |
24 | 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to |
25 | robbery). |
26 | 18 Pa.C.S. § 3702 (relating to robbery of motor vehicle). |
27 | 18 Pa.C.S. § 7508 (a)(1)(iii), (2)(iii), (3)(iii) or (4) |
28 | (iii) (relating to drug trafficking sentencing and |
29 | penalties). |
30 | * * * |
|
1 | "Group home." A residential program that is contracted out |
2 | by the Department of Corrections to a private service provider |
3 | for inmates [with prerelease status or] who are on parole. |
4 | * * * |
5 | Section 11. Section 4104(a)(1) and (d) of Title 61 are |
6 | amended, subsection (a) is amended by adding a paragraph and the |
7 | section is amended by adding subsections to read: |
8 | § 4104. Referral to State intermediate punishment program. |
9 | (a) Referral for evaluation.-- |
10 | (1) Prior to imposing a sentence, the court may[, upon | <-- |
11 | motion of the Commonwealth [and agreement of the defendant],] | <-- |
12 | commit a defendant to the custody of the department for the |
13 | purpose of evaluating whether the defendant would benefit |
14 | from a drug offender treatment program and whether placement |
15 | in the drug offender treatment program is appropriate. |
16 | (1.1) (i) The prosecuting attorney, in the prosecuting |
17 | attorney's sole discretion, may advise the court that the |
18 | Commonwealth has elected to waive the eligibility |
19 | requirements of this chapter, if the victim has been |
20 | given notice of the prosecuting attorney's intent to |
21 | waive the eligibility requirements and an opportunity to |
22 | be heard on the issue. |
23 | (ii) The court, after considering victim input, may |
24 | refuse to accept the prosecuting attorney's waiver of the |
25 | eligibility requirements. |
26 | * * * |
27 | (d) Prerequisites for commitment.--Upon receipt of a | <-- |
28 | recommendation for placement in a drug offender treatment |
29 | program from the department and agreement of the attorney for |
30 | the Commonwealth [and the defendant], the court may sentence an |
|
1 | eligible offender to a period of 24 months of State intermediate |
2 | punishment if the court finds that: |
3 | (1) The eligible offender is likely to benefit from |
4 | State intermediate punishment. |
5 | (2) Public safety would be enhanced by the eligible |
6 | offender's participation in State intermediate punishment. |
7 | (3) Sentencing the eligible offender to State |
8 | intermediate punishment would not depreciate the seriousness |
9 | of the offense. |
10 | * * * |
11 | (i) Victims.--Victims of personal injury crimes shall be |
12 | given the opportunity to receive notice of and to provide prior |
13 | comment on any recommendation by the department under subsection |
14 | (b) or (d) that the offender participate in the State |
15 | Intermediate Punishment Program. |
16 | (j) Definitions.--As used in this section, the term |
17 | "personal injury crime" shall be defined as in section 103 of |
18 | the act of November 24, 1998 (P.L.882, No.111), known as the |
19 | Crime Victims Act. |
20 | Section 12. The definition of "eligible offender" in section |
21 | 4503 of Title 61, amended December 20, 2011 (P.L.446, No.111), | <-- |
22 | is amended to read: |
23 | § 4503. Definitions. |
24 | The following words and phrases when used in this chapter |
25 | shall have the meanings given to them in this section unless the |
26 | context clearly indicates otherwise: |
27 | * * * |
28 | "Eligible offender." A defendant or inmate convicted of a |
29 | criminal offense who will be committed to the custody of the |
30 | department and who meets all of the following eligibility |
|
1 | requirements: |
2 | (1) Does not demonstrate a history of present or past |
3 | violent behavior. |
4 | (2) Has not been subject to a sentence the calculation |
5 | of which includes an enhancement for the use of a deadly |
6 | weapon as defined under law or the sentencing guidelines |
7 | promulgated by the Pennsylvania Commission on Sentencing or |
8 | the attorney for the Commonwealth has not demonstrated that |
9 | the defendant has been found guilty of or was convicted of an |
10 | offense involving a deadly weapon or offense under 18 Pa.C.S. |
11 | Ch. 61 (relating to firearms and other dangerous articles) or |
12 | the equivalent offense under the laws of the United States or |
13 | one of its territories or possessions, another state, the |
14 | District of Columbia, the Commonwealth of Puerto Rico or a |
15 | foreign nation. |
16 | (3) Has not been found guilty of or previously convicted |
17 | of or adjudicated delinquent for or an attempt or conspiracy |
18 | to commit a personal injury crime as defined under section |
19 | 103 of the act of November 24, 1998 (P.L.882, No.111), known |
20 | as the Crime Victims Act, except for an offense under 18 |
21 | Pa.C.S. § 2701 (relating to simple assault) when the offense |
22 | is a misdemeanor of the third degree, or an equivalent |
23 | offense under the laws of the United States or one of its |
24 | territories or possessions, another state, the District of |
25 | Columbia, the Commonwealth of Puerto Rico or a foreign |
26 | nation. |
27 | (4) Has not been found guilty or previously convicted or |
28 | adjudicated delinquent for violating any of the following |
29 | provisions or an equivalent offense under the laws of the |
30 | United States or one of its territories or possessions, |
|
1 | another state, the District of Columbia, the Commonwealth of |
2 | Puerto Rico or a foreign nation: |
3 | [18 Pa.C.S. § [4302] 4302(a) (relating to incest).] | <-- |
4 | 18 Pa.C.S. § 5901 (relating to open lewdness). |
5 | [18 Pa.C.S. § 6312 (relating to sexual abuse of | <-- |
6 | children). |
7 | 18 Pa.C.S. § 6318 (relating to unlawful contact with |
8 | minor). |
9 | 18 Pa.C.S. § 6320 (relating to sexual exploitation of |
10 | children).] | <-- |
11 | 18 Pa.C.S. Ch. 76 Subch. C (relating to Internet |
12 | child pornography). |
13 | Received a criminal sentence pursuant to 42 Pa.C.S. § |
14 | 9712.1 (relating to sentences for certain drug offenses |
15 | committed with firearms). |
16 | Any offense listed under 42 Pa.C.S. § 9795.1 | <-- |
17 | (relating to registration). |
18 | Any [sexually violent offense as defined in] offense | <-- |
19 | for which registration is required under 42 Pa.C.S. Ch. |
20 | 97 Subch. H (relating to registration of sexual |
21 | offenders). |
22 | (5) Is not awaiting trial or sentencing for additional |
23 | criminal charges, if a conviction or sentence on the |
24 | additional charges would cause the defendant to become |
25 | ineligible under this definition. |
26 | (6) Has not been found guilty or previously convicted of |
27 | violating section 13(a)(14), (30) or (37) of the act of April |
28 | 14, 1972 (P.L.233, No.64), known as The Controlled Substance, |
29 | Drug, Device and Cosmetic Act, where the sentence was imposed |
30 | pursuant to 18 Pa.C.S. § 7508(a)(1)(iii), (2)(iii), (3)(iii), |
|
1 | (4)(iii), (7)(iii) or (8)(iii) (relating to drug trafficking |
2 | sentencing and penalties). |
3 | * * * |
4 | Section 12.1. Section 4701 of Title 61 is amended to read: | <-- |
5 | § 4701. Definitions. |
6 | The following words and phrases when used in this chapter |
7 | shall have the meanings given to them in this section unless the |
8 | context clearly indicates otherwise: |
9 | "Community corrections facility." A residential facility |
10 | operated by a private [vendor] contractor that: |
11 | (1) houses [inmates with prerelease status or |
12 | individuals who are on parole] offenders pursuant to a |
13 | contract [entered into between] with the Department of |
14 | Corrections [and the private vendor]; and |
15 | (2) is operated in accordance with Chapter 50 (relating |
16 | to community corrections centers and community corrections |
17 | facilities). |
18 | Section 13. Title 61 is amended by adding a chapter chapters | <-- |
19 | to read: |
20 | CHAPTER 49 |
21 | SAFE COMMUNITY REENTRY |
22 | Sec. |
23 | 4901. Scope of chapter. |
24 | 4902. Definitions. |
25 | 4903. Safe Community Reentry Program. |
26 | 4904. Contract for services. |
27 | 4905. Rules and regulations. |
28 | 4906. Study and report. | <-- |
29 | § 4901. Scope of chapter. |
30 | This chapter relates to the Safe Community Reentry Program. |
|
1 | § 4902. Definitions. |
2 | The following words and phrases when used in this chapter |
3 | shall have the meanings given to them in this section unless the |
4 | context clearly indicates otherwise: |
5 | "Community-based programs." Programs which are administered |
6 | and operated outside of a correctional institution. |
7 | "Community organization." A community, faith-based or other |
8 | private charitable organization which is organized as a |
9 | nonprofit corporation or nonprofit unincorporated association |
10 | under the laws of the United States or this Commonwealth which |
11 | is authorized to do business in this Commonwealth as a nonprofit |
12 | corporation or unincorporated association under the laws of this |
13 | Commonwealth. |
14 | "Institutional-based programs." Programs which are |
15 | administered and operated within a correctional institution. |
16 | "Offender." An inmate in a correctional institution or a |
17 | person released from incarceration. The term shall not include | <-- |
18 | an inmate serving a sentence of life imprisonment or death. |
19 | "Program." The Safe Community Reentry Program established in |
20 | this chapter. |
21 | § 4903. Safe Community Reentry Program. |
22 | (a) Program established.--The department, in cooperation and | <-- |
23 | coordination with the board, shall establish a comprehensive |
24 | program to reduce recidivism and ensure the successful reentry |
25 | of offenders into the community. The program shall provide |
26 | offenders with access to a full continuum of services during |
27 | incarceration and upon release during their transition and |
28 | reintegration into the community. |
29 | (a) Program established.--The department and the board shall | <-- |
30 | jointly establish a Safe Community Reentry Program to reduce |
|
1 | recidivism and ensure the successful reentry of offenders into |
2 | the community. |
3 | (b) Assessment and plan.-- |
4 | (1) The department shall assess each offender entering |
5 | into the State correctional system to determine which |
6 | treatment services, programs and skills the offender needs to |
7 | develop to be successful in the community following the |
8 | offender's release. |
9 | (2) The department or the board shall assist each | <-- |
10 | offender in developing a reentry plan for the offender. The |
11 | reentry plan shall include the offender's educational, |
12 | employment, housing and treatment needs as appropriate and |
13 | necessary to encourage the successful transition and |
14 | reintegration of the offender into the community. |
15 | (3) The department or the board shall endeavor to | <-- |
16 | coordinate the specifics of the offender's reentry plan with |
17 | the educational, vocational training and treatment services |
18 | that will be provided to the offender during the offender's |
19 | incarceration. |
20 | (c) Transition and reintegration programs.--The department |
21 | shall may identify a comprehensive network of transition and | <-- |
22 | reintegration programs to address the needs of offenders |
23 | released from incarceration. |
24 | (d) Community organizations.-- |
25 | (1) The department and the board shall may use community | <-- |
26 | organizations and other nonprofit and for-profit entities to | <-- |
27 | assist the department and the board in meeting the needs of |
28 | offenders reentering the community. |
29 | (2) The department and the board shall may develop and | <-- |
30 | maintain a list of community organizations and other | <-- |
|
1 | nonprofit and for-profit entities available to provide | <-- |
2 | services. |
3 | (3) Community organizations may provide services provide | <-- |
4 | services. Community organizations and other nonprofit and |
5 | for-profit entities may provide services, including |
6 | education, vocational training, follow-up treatment services, | <-- |
7 | support with finding housing and employment and may help with |
8 | family issues and other elements of life after incarceration. |
9 | (4) (3) The department and the board may refer offenders | <-- |
10 | to community organizations and other nonprofit and for-profit | <-- |
11 | entities on the list. |
12 | (e) Sharing of information.-- | <-- |
13 | (1) The department and the board may share information |
14 | (e) Sharing of information.--The department and the board | <-- |
15 | may share information about offenders with the entities the |
16 | department and the board contract with under section 4704 |
17 | (relating to contract for services) and other agencies and |
18 | providers of services as necessary to adequately assess and |
19 | address the needs of each offender. |
20 | (2) This subsection shall not apply to the disclosure of | <-- |
21 | an offender's personal health information unless the offender |
22 | consents to the disclosure. |
23 | (3) This subsection shall not be construed to permit |
24 | disclosure of personal health information if the disclosure |
25 | violates the Health Insurance Portability and Accountability |
26 | Act of 1996 (Public Law 104-191, 110 Stat. 1936) or other |
27 | Federal or State law. The following shall apply: | <-- |
28 | (1) No person having access to any report, record or |
29 | other information prepared or assembled under this chapter |
30 | shall disclose the report, record or information without the |
|
1 | permission of the department or the board. |
2 | (2) Nothing under this subsection shall be construed to |
3 | permit the department or the board to disclose information |
4 | where disclosure is prohibited under Federal or State law or |
5 | regulations. |
6 | § 4904. Contract for services. |
7 | (a) Duty of department and board.--As part of the program, | <-- |
8 | the department and the board may contract with private vendors, |
9 | including community organizations, units of local government and |
10 | other entities to provide for reintegration and transitional |
11 | programs and services, which may include institutional-based and |
12 | community-based programs. The programs and services provided |
13 | under these contracts may include: |
14 | (a) Authority.--The department and the board may contract | <-- |
15 | with community organizations and other nonprofit or for-profit |
16 | entities to provide programs and services under this chapter. |
17 | The programs and services provided under these contracts may |
18 | include: |
19 | (1) Assisting in the development of each offender's |
20 | reentry plan. |
21 | (2) Coordinating the supervision and services provided |
22 | to offenders in correctional institutions with any |
23 | supervision and services provided to offenders who have been |
24 | released from incarceration. |
25 | (3) Providing offenders awaiting release with documents |
26 | that are necessary after release, including identification |
27 | papers, referrals to services, medical prescriptions, job |
28 | training certificates, apprenticeship papers, information on |
29 | obtaining public assistance and other documents useful in |
30 | achieving a successful transition from a correctional |
|
1 | institution to the community. |
2 | (4) Involving county agencies whose programs and |
3 | initiatives strengthen inmate reentry services for offenders |
4 | who have been returned to the county of their jurisdiction. |
5 | (5) Providing structured programs, post-release housing |
6 | and transitional housing, including group homes for |
7 | recovering substance abusers, through which offenders are |
8 | provided supervision and services immediately following |
9 | reentry into the community. |
10 | (6) Assisting offenders in securing permanent housing |
11 | upon release or following a stay in post-release or |
12 | transitional housing. |
13 | (7) Continuing to link offenders with health resources |
14 | for health services that were provided to them when they were |
15 | under the jurisdiction of the department, including mental |
16 | health, substance abuse treatment, aftercare and treatment |
17 | services for contagious diseases. |
18 | (8) Providing education, job training, English as a |
19 | second language programs, work experience programs, self- |
20 | respect and life skills training and other skills needed to |
21 | achieve self-sufficiency for a successful transition from |
22 | incarceration. |
23 | (9) Facilitating collaboration among corrections |
24 | administrators, technical schools, community colleges and the |
25 | work force development and employment service sectors so that |
26 | there are efforts to: |
27 | (i) Promote, where appropriate, the employment of |
28 | offenders released from correctional institutions and |
29 | facilitate the creation of job opportunities, including |
30 | transitional jobs, for such offenders that will also |
|
1 | benefit communities. |
2 | (ii) Connect offenders to employment, including |
3 | supportive employment and employment services, before |
4 | their release from correctional institutions. |
5 | (iii) Address barriers to employment, including |
6 | obtaining a driver's license. |
7 | (10) Assessing the literacy and educational needs of |
8 | offenders and providing appropriate services to meet those |
9 | needs, including follow-up assessments and long-term |
10 | services. |
11 | (11) Addressing systems under which family members of |
12 | offenders are involved with facilitating the successful |
13 | reentry of those offenders into the community, including |
14 | removing obstacles to the maintenance of family relationships |
15 | while the offender is in custody, strengthening the family's |
16 | capacity to establish and maintain a stable living situation |
17 | during the reentry process where appropriate and involving |
18 | family members in the planning and implementation of the |
19 | reentry process. |
20 | (12) Facilitating visitation and maintenance of family |
21 | relationships with respect to offenders by addressing |
22 | obstacles such as travel, telephone costs, mail restrictions |
23 | and restrictive visitation policies. |
24 | (13) Addressing barriers to the visitation of children |
25 | with an incarcerated parent and maintenance of the parent- |
26 | child relationship, including, but not limited to, the |
27 | location of facilities in remote areas, telephone costs, mail |
28 | restrictions and visitation policies. |
29 | (14) Creating mentoring programs designed to assist |
30 | offenders in changing the offenders' pattern of behavior so |
|
1 | that the offenders will not revictimize their victims or have |
2 | new victims. Mentoring may occur inside the correctional |
3 | institution and in the community once the offender is |
4 | released. The mentor shall: |
5 | (i) Act as a role model for the offender. |
6 | (ii) Foster a caring and supportive relationship by |
7 | creating an independence from and not a dependence upon |
8 | the mentor or the system as a whole. |
9 | (iii) Encourage positive self-concept. |
10 | (iv) Teach and aid in goal setting. |
11 | (v) Support other positive relationships within the |
12 | community. |
13 | (vi) Assist in linking the offender to community- |
14 | based services. |
15 | (vii) Promote appropriate, positive family |
16 | relationships. |
17 | (viii) Help develop personal accountability and |
18 | personal responsibility. |
19 | (15) Facilitating and encouraging timely and complete |
20 | payment of restitution and fines by offenders to victims and |
21 | the community. |
22 | (b) Accountability.--To ensure accountability, any contract |
23 | entered under this section shall contain specific performance |
24 | measures that the department and the board shall use to evaluate |
25 | compliance with the terms of the contract. |
26 | § 4905. Rules and regulations. |
27 | The department and board may promulgate rules and regulations |
28 | as deemed necessary to implement this chapter. |
29 | § 4906. Study and report. | <-- |
30 | (a) Study.--The department shall conduct and coordinate |
|
1 | research to determine whether the program established under |
2 | section 4903 (relating to Safe Community Reentry Program) |
3 | reduces recidivism rates. |
4 | (b) Report.--Not later than February 1 of each even-numbered |
5 | year, the department shall present a report of the research |
6 | conducted or coordinated under subsection (a) to the Judiciary |
7 | Committee of the Senate and the Judiciary Committee of the House |
8 | of Representatives. The report shall evaluate the program and, |
9 | if appropriate, make recommendations for legislation. |
10 | Section 14. This act shall take effect as follows: |
11 | (1) The addition of 61 Pa.C.S. § 3705 shall take effect |
12 | in one year. |
13 | (2) This section shall take effect immediately. |
14 | (3) The remainder of this act shall take effect in 60 |
15 | days. |
16 | CHAPTER 50 | <-- |
17 | COMMUNITY CORRECTIONS CENTERS AND COMMUNITY |
18 | CORRECTIONS FACILITIES |
19 | Sec. |
20 | 5001. Definitions. |
21 | 5002. Department. |
22 | 5003. Offenders who may be housed. |
23 | 5004. Authority of Commonwealth employees. |
24 | 5005. Authority of chairman. |
25 | 5006. Escape. |
26 | § 5001. Definitions. |
27 | The following words and phrases when used in this chapter |
28 | shall have the meanings given to them in this section unless the |
29 | context clearly indicates otherwise: |
30 | "Board." The Pennsylvania Board of Probation and Parole. |
|
1 | "Chairman." The chairman of the board. |
2 | "Community corrections center." A residential program that |
3 | is supervised and operated by the department in accordance with |
4 | this chapter. |
5 | "Community corrections facility." A residential facility |
6 | operated by a private contractor that: |
7 | (1) houses offenders pursuant to a contract with the |
8 | department; and |
9 | (2) is operated in accordance with this chapter. |
10 | § 5002. Department. |
11 | The department may do all of the following: |
12 | (1) Establish community corrections centers at locations |
13 | throughout this Commonwealth approved by the Governor. |
14 | (2) Enter into contracts with private vendors to operate |
15 | community corrections facilities. |
16 | § 5003. Offenders who may be housed. |
17 | The following offenders may be housed in community |
18 | corrections centers and community corrections facilities: |
19 | (1) A parolee under the jurisdiction of the board who is |
20 | in good standing with the board. |
21 | (2) A parolee in accordance with the following: |
22 | (i) Except as provided in subparagraph (ii), a |
23 | parolee under the jurisdiction of the board who is |
24 | detained or awaiting a hearing or who has been |
25 | recommitted for a technical violation of the conditions |
26 | of parole established by the board if the parolee is |
27 | eligible to be housed in a community corrections center |
28 | or community corrections facility under section 6138 |
29 | (relating to violation of terms of parole). |
30 | (ii) Subparagraph (i) shall not apply to a parolee |
|
1 | under the jurisdiction of the board who is detained or |
2 | awaiting a hearing or who has been recommitted for a |
3 | technical violation of the conditions of parole |
4 | established by the board as a result of the commission of |
5 | a new crime of which the parolee is convicted or found |
6 | guilty by a judge or jury or to which the parolee pleads |
7 | guilty or nolo contendere in a court of record. |
8 | (3) An offender who is serving the community-based |
9 | portion of a sentence of State intermediate punishment. |
10 | (4) An offender who has been granted clemency by the |
11 | Governor. |
12 | (5) Inmates transferred by the department under Chapter |
13 | 37 (relating to inmate prerelease plans). This paragraph |
14 | shall expire July 1, 2013. |
15 | § 5004. Authority of Commonwealth employees. |
16 | Commonwealth employees of community corrections centers and |
17 | Commonwealth employees, while present in community corrections |
18 | facilities, have the authority to do all of the following: |
19 | (1) In order to maintain security and to enforce the |
20 | rules of the community corrections center or community |
21 | corrections facility: |
22 | (i) search the person and property of an offender |
23 | residing in the community corrections center or community |
24 | correction facility; |
25 | (ii) seize property from an offender residing in the |
26 | community corrections center or community corrections |
27 | facility; and |
28 | (iii) if necessary, use reasonable force against an |
29 | offender residing in the community corrections center or |
30 | community corrections facility. |
|
1 | (2) Detain, by using reasonable force if necessary, an |
2 | offender residing in the community corrections center or |
3 | community corrections facility in order to maintain control |
4 | of the offender pending the arrival of a parole agent, police |
5 | officer or other appropriate law enforcement officer. |
6 | § 5005. Authority of chairman. |
7 | The chairman has the following authority: |
8 | (1) Designate community corrections centers or community |
9 | corrections facilities where parolees are to be housed. |
10 | (2) Determine whether parolees are to be housed in a |
11 | secured or unsecured portion of a community corrections |
12 | center or community corrections facility. |
13 | (3) Determine, jointly with the Secretary of the |
14 | Department of Corrections, using evidence-based practices |
15 | designed to reduce the likelihood of recidivism and improve |
16 | public safety, the appropriate treatment and programming for |
17 | parolees who are housed at community corrections centers and |
18 | community corrections facilities. |
19 | (4) Audit, jointly with the secretary, the performance |
20 | of treatment and services provided by community corrections |
21 | centers and community corrections facilities. |
22 | § 5006. Escape. |
23 | An individual committed to a community corrections center or |
24 | a community corrections facility shall be deemed to be in |
25 | official detention under 18 Pa.C.S. § 5121 (relating to escape). |
26 | Section 14. Sections 6124(c), 6132(a)(2)(ii) and (b), |
27 | 6134.1(c)(1) and (2) and 6137(a)(4) of Title 61 are amended to |
28 | read: |
29 | § 6124. Certain offenders residing in group-based homes. |
30 | * * * |
|
1 | (c) Definition.--The following words and phrases when used |
2 | in this section shall have the meanings given to them in this |
3 | subsection unless the context clearly indicates otherwise: |
4 | "Group-based home." Any nonprofit or for-profit entity that |
5 | maintains a facility that provides housing to [inmates with |
6 | prerelease status,] individuals on probation or parole or other |
7 | individuals previously convicted of crimes. The term shall not |
8 | include a correctional institution or a facility maintained by a |
9 | domestic violence program. |
10 | "Official Internet website." The official Internet location |
11 | designated by a municipality or county as its primary method of |
12 | electronically communicating with the public about its official |
13 | business. |
14 | § 6132. Specific powers of board involving parolees. |
15 | (a) General rule.--The board shall have exclusive power: |
16 | * * * |
17 | (2) * * * |
18 | (ii) Except for such special cases, the powers and |
19 | duties conferred by this section shall not extend to |
20 | persons sentenced for a maximum period of less than two |
21 | years and shall not extend to those persons committed to |
22 | county confinement within the jurisdiction of the court |
23 | pursuant to 42 Pa.C.S. § [9762(b)(2)] 9762 (relating to |
24 | sentencing proceeding; place of confinement). |
25 | (b) Construction.--Nothing contained in this section shall |
26 | be construed to prevent a court from paroling any person |
27 | sentenced by it for a maximum period of less than two years or |
28 | from paroling a person committed to county confinement within |
29 | the jurisdiction of the court pursuant to 42 Pa.C.S. § [9762(b) |
30 | (2)] 9762. |
|
1 | * * * |
2 | § 6134.1. General criteria for parole by court. |
3 | * * * |
4 | (c) Procedure.-- |
5 | (1) Prior to making a decision to parole a person |
6 | committed to county confinement within the jurisdiction of |
7 | the court pursuant to 42 Pa.C.S. § [9762(b)(2)] 9762 |
8 | (relating to sentencing [procedure] proceeding; place of |
9 | confinement) from a sentence of imprisonment imposed |
10 | following conviction for a personal injury crime, each victim |
11 | who has registered to receive victim services in connection |
12 | with the personal injury crime shall be given an opportunity |
13 | by the court to submit a preparole statement to the court |
14 | expressing concerns or recommendations regarding the parole |
15 | or parole supervision of the person. |
16 | (2) The district attorney shall, immediately following |
17 | sentence in cases where a sentence of confinement has been |
18 | imposed and the sentenced person remains within the |
19 | jurisdiction of the court pursuant to 42 Pa.C.S. § [9762(b) |
20 | (2)] 9762, notify all registered victims that they shall have |
21 | the opportunity to submit a preparole statement to the court. |
22 | * * * |
23 | § 6137. Parole power. |
24 | (a) General criteria for parole.-- |
25 | * * * |
26 | (4) Unless the inmate has served at least one year in a |
27 | [prerelease center] community corrections center or community |
28 | corrections facility, the board shall not act upon an |
29 | application of an inmate who is granted clemency by the |
30 | Governor, is subject to parole supervision and: |
|
1 | (i) whose term of imprisonment was commuted from |
2 | life to life on parole; |
3 | (ii) who was serving a term of imprisonment for a |
4 | crime of violence; or |
5 | (iii) who is serving a sentence under 42 Pa.C.S. § |
6 | 9712 (relating to sentences for offenses committed with |
7 | firearms). |
8 | * * * |
9 | Section 15. Section 6138(a)(2), (c)(1), (2), (4), (5)(v) and |
10 | (6) and (d) introductory paragraph and (2) of Title 61 are |
11 | amended, subsections (a), (c) and (d) are amended by adding |
12 | paragraphs and the section is amended by adding subsections to |
13 | read: |
14 | § 6138. Violation of terms of parole. |
15 | (a) Convicted violators.-- |
16 | * * * |
17 | (2) If the parolee's recommitment is so ordered, the |
18 | parolee shall be reentered to serve the remainder of the term |
19 | which the parolee would have been compelled to serve had the |
20 | parole not been granted and, except as provided under |
21 | paragraph (2.1), shall be given no credit for the time at |
22 | liberty on parole. |
23 | (2.1) The board may, in its discretion, award credit to |
24 | a parolee recommitted under paragraph (2) for the time spent |
25 | at liberty on parole, unless any of the following apply: |
26 | (i) The crime committed during the period of parole |
27 | or while delinquent on parole is a crime of violence as |
28 | defined in 42 Pa.C.S. § 9714(g) (relating to sentences |
|
1 | for second and subsequent offenses) or a crime requiring |
2 | registration under 42 Pa.C.S. Ch. 97 Subch. H (relating |
3 | to registration of sexual offenders). |
4 | (ii) The parolee was recommitted under section 6143 |
5 | (relating to early parole of inmates subject to Federal |
6 | removal order). |
7 | * * * |
8 | (c) Technical violators.-- |
9 | (1) A parolee under the jurisdiction of the board who |
10 | [is released from a correctional facility and who, during the |
11 | period of parole,] violates the terms and conditions of his |
12 | parole, other than by the commission of a new crime of which |
13 | the parolee is convicted or found guilty by a judge or jury |
14 | or to which the parolee pleads guilty or nolo contendere in a |
15 | court of record, may be detained pending a hearing before the |
16 | board or waiver of the hearing or recommitted after a hearing |
17 | before the board[.] or a waiver of the hearing. Detention and |
18 | recommitment under this paragraph shall be in a community |
19 | corrections center or community corrections facility, unless |
20 | the board determines that one of the following conditions is |
21 | present: |
22 | (i) The violation was sexual in nature. |
23 | (ii) The violation involved assaultive behavior. |
24 | (iii) The violation involved possession or control |
25 | of a weapon. |
26 | (iv) The parolee has absconded, and the parolee |
|
1 | cannot be safely diverted to a community corrections |
2 | center or community corrections facility. |
3 | (v) There exists an identifiable threat to public |
4 | safety, and the parolee cannot be safely diverted to a |
5 | community corrections center or community corrections |
6 | facility. |
7 | (1.1) If the board determines that a condition under |
8 | paragraph (1) applies, the parolee shall be detained in or |
9 | recommitted to a State correctional institution or contracted |
10 | county jail. |
11 | (2) If the parolee is [so] recommitted under this |
12 | subsection, the parolee shall be given credit for the time |
13 | served on parole in good standing but with no credit for |
14 | delinquent time and may be reentered to serve the remainder |
15 | of the original sentence or sentences. |
16 | * * * |
17 | (4) [The] Subject to subsection (e), the parolee shall |
18 | be subject to reparole by the board whenever in its opinion |
19 | the best interests of the inmate justify or require the |
20 | parolee being reparoled and it does not appear that the |
21 | interests of the Commonwealth will be injured reparoling the |
22 | parolee. |
23 | (5) Parole violators shall be supervised in accordance |
24 | with evidence-based practices that may include: |
25 | * * * |
26 | (v) Recommitment to: |
27 | (A) a State correctional [facility] institution; |
28 | (B) a contracted county jail; |
29 | (C) a community corrections center; or |
30 | (D) a community corrections facility. |
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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 |
4 | safety.] |
5 | (7) A parolee detained or recommitted to a community |
6 | corrections center or community corrections facility under |
7 | paragraph (1) shall be segregated from other offenders |
8 | located at the facility. |
9 | (d) Recommitment to correctional facility.--A technical |
10 | violator [under subsection (c) shall be recommitted to a |
11 | correctional facility, unless placed at a parole violator |
12 | center,] recommitted to a State correctional institution or a |
13 | contracted county jail under subsection (c) shall be recommitted |
14 | as follows: |
15 | * * * |
16 | (2) If paroled from a State correctional institution, to |
17 | any [male person upon recommitment shall be sent to the |
18 | nearest State correctional institution for service of the |
19 | remainder of the original term at the institution as shall be |
20 | designated by the department. Any female person shall be |
21 | recommitted to the State Correctional Institution at Muncy or |
22 | other] State correctional institution [as] or contracted |
23 | county jail designated by the department. |
24 | (3) Except as set forth in paragraph (4) or (5), the |
25 | parolee shall be recommitted for one of the following |
26 | periods, at which time the parolee shall automatically be |
27 | reparoled without further action by the board: |
28 | (i) For the first recommitment under this |
29 | subsection, a maximum period of six months. |
30 | (ii) For the second recommitment under this |
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1 | subsection for the same sentence, a maximum of nine |
2 | months. |
3 | (iii) For the third or subsequent recommitment under |
4 | this subsection for the same sentence, a maximum of one |
5 | year. |
6 | (4) The parolee may be reparoled by the board prior to |
7 | expiration of the time period under paragraph (3) if the |
8 | board determines that it is in the best interest of the |
9 | Commonwealth and the parolee. |
10 | (5) The time limit under paragraph (3) shall not be |
11 | applicable to a parolee who: |
12 | (i) committed a disciplinary infraction involving |
13 | assaultive behavior, sexual assault, a weapon or |
14 | controlled substances; |
15 | (ii) spent more than 90 days in segregated housing |
16 | due to one or more disciplinary infractions; or |
17 | (iii) refused programming or a work assignment. |
18 | (e) Recommitment to community corrections center or |
19 | community corrections facility.-- |
20 | (1) A technical violator recommitted to a community |
21 | corrections center or community corrections facility under |
22 | subsection (c) shall be recommitted for a maximum period of |
23 | six months, after which the parolee shall automatically be |
24 | reparoled without further action by the board. |
25 | (2) A parolee under paragraph (1) may be reparoled by |
26 | the board prior to expiration of the six-month period if the |
27 | board determines that it is in the best interest of the |
28 | Commonwealth and the parolee. |
29 | (3) This subsection shall not apply to a parolee who is |
30 | not in good standing with the board. |
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1 | (f) Definitions.--As used in this section, the following |
2 | words and phrases shall have the meanings given to them in this |
3 | subsection unless the context clearly indicates otherwise: |
4 | "Community corrections center." A residential program that |
5 | is supervised and operated by the department in accordance with |
6 | Chapter 50 (relating to community corrections centers and |
7 | community corrections facilities). |
8 | "Community corrections facility." A residential facility |
9 | operated by a private contractor that: |
10 | (1) houses offenders pursuant to a contract with the |
11 | department; and |
12 | (2) is operated in accordance with Chapter 50. |
13 | "Contracted county jail." A county correctional facility |
14 | which has contracted with the department to provide correctional |
15 | or other services. |
16 | "State correctional institution." Any of the following owned |
17 | and operated by the Commonwealth: |
18 | (1) A correctional facility. |
19 | (2) A prison. |
20 | (3) A jail. |
21 | Section 16. Title 61 is amended by adding a section to read: |
22 | § 6143. Early parole of inmates subject to Federal removal |
23 | order. |
24 | (a) Eligibility.--Notwithstanding any other provision of |
25 | law, the board may parole an inmate into the custody of the |
26 | United States Immigration and Customs Enforcement for |
27 | deportation prior to the expiration of the inmate's minimum term |
28 | of imprisonment if all of the following requirements are |
29 | satisfied: |
30 | (1) The board has received a final order of removal for |
|
1 | the inmate from the United States Immigration and Customs |
2 | Enforcement. |
3 | (2) The inmate is at least 18 years of age and is not a |
4 | native or citizen of the United States. |
5 | (3) The offender has never been convicted or adjudicated |
6 | delinquent of a crime of violence or a crime requiring |
7 | registration under 42 Pa.C.S. Ch. 97 Subch. H (relating to |
8 | registration of sexual offenders). |
9 | (4) The board certifies that removal of the inmate is |
10 | appropriate and in the best interests of the Commonwealth. |
11 | (5) The inmate has been advised of all of the following: |
12 | (i) Unlawful reentry into the United States will |
13 | result in the inmate's return to the department to serve |
14 | the remainder of the inmate's maximum term of |
15 | imprisonment without the possibility of parole. |
16 | (ii) If the inmate reenters the United States and |
17 | commits a criminal offense, upon conviction the inmate |
18 | shall be subject to 42 Pa.C.S. § 9720.3 (relating to |
19 | sentencing for certain paroled offenders). |
20 | (iii) Reentry into the United States may subject the |
21 | inmate to prosecution by the United States under 8 U.S.C. |
22 | § 1326 (relating to reentry of removed aliens). |
23 | (b) Parole discretionary.--The decision to parole an inmate |
24 | under subsection (a) shall be within the sole discretion of the |
25 | board. Nothing under this section shall be construed to confer a |
26 | legal right upon the inmate to parole under subsection (a). |
27 | (c) Return of inmate by United States.--If the United States |
28 | Immigration and Customs Enforcement is unable to or does not |
29 | deport the inmate, the inmate shall be returned to the custody |
30 | of the department and the board shall rescind the inmate's |
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1 | parole. |
2 | (d) Unlawful reentry.--An inmate paroled under this section |
3 | who returns unlawfully to the United States shall be given a |
4 | hearing before the board and recommitted as a parole violator |
5 | upon a determination by the board that the inmate did unlawfully |
6 | return to the United States. Upon recommitment, the inmate shall |
7 | be required to serve the remainder of the inmate's maximum term |
8 | of imprisonment without the possibility of parole. The inmate |
9 | shall not be entitled to credit for any time on parole under |
10 | this section. |
11 | (e) Definition.--As used in this section, the term "crime of |
12 | violence" shall be defined as provided in 42 Pa.C.S. § 9714(g) |
13 | (relating to sentences for second and subsequent offenses). |
14 | Section 17. Repeals are as follows: |
15 | (1) The General Assembly declares that the repeal under |
16 | paragraph (2) is necessary to effectuate the repeal of 61 |
17 | Pa.C.S. §§ 3701, 3702, 3703 and 3704. |
18 | (2) The following acts or parts of acts are repealed: |
19 | (i) Section 909(f) and (g) of the act of April 9, |
20 | 1929 (P.L.177, No.175), known as The Administrative Code |
21 | of 1929. |
22 | (ii) Section 441.1(b) and the definition of |
23 | "correctional institution" in section 1401-A of the act |
24 | of June 13, 1967 (P.L.31, No.21), known as the Public |
25 | Welfare Code. |
26 | Section 18. The regulations at 37 Pa. Code Ch. 94 are |
27 | abrogated insofar as they are inconsistent with the repeal of 61 |
28 | Pa.C.S. §§ 3701, 3702, 3703 and 3704. |
29 | Section 19. This act shall take effect as follows: |
30 | (1) The following provisions shall take effect |
|
1 | immediately: |
2 | (i) (Reserved). |
3 | (ii) The amendment of 61 Pa.C.S. § 6132(a)(2)(ii) |
4 | and (b). |
5 | (iii) The amendment of 61 Pa.C.S. § 6134.1(c)(1) and |
6 | (2). |
7 | (iv) (Reserved). |
8 | (v) This section. |
9 | (1.1) The addition of 42 Pa.C.S. § 9762(i) shall take |
10 | effect in 30 days. |
11 | (2) The following provisions shall take effect in 180 |
12 | days: |
13 | (i) The addition of 61 Pa.C.S. Ch. 50. |
14 | (ii) The amendment or addition of 61 Pa.C.S. § |
15 | 6138(c)(1), (1.1), (2), (4), (5)(v), (6) and (7), (d) |
16 | introductory paragraph, (2), (3), (4) and (5), (e) and |
17 | (f). |
18 | (3) The following provisions shall take effect July 1, |
19 | 2013: |
20 | (i) The amendment of 18 Pa.C.S. § 7508(c). |
21 | (ii) The amendment of 42 Pa.C.S. §§: |
22 | (A) 9727(d); |
23 | (B) 9755(g); and |
24 | (C) 9756(d). |
25 | (iii) The amendment of the definition of |
26 | "correctional facility" in 61 Pa.C.S. § 1172. |
27 | (iv) The repeal of 61 Pa.C.S. §§: |
28 | (A) 3701; |
29 | (B) 3702; |
30 | (C) 3703; and |
|
1 | (D) 3704. |
2 | (v) The amendment of the definitions of "community |
3 | corrections center," "defendant," "eligible offender" and |
4 | "group home" in 61 Pa.C.S. § 4103. |
5 | (vi) (Reserved). |
6 | (vii) The amendment of 61 Pa.C.S. § 4701. |
7 | (viii) The amendment of 61 Pa.C.S. § 6124(c). |
8 | (ix) The amendment of 61 Pa.C.S. § 6137(a)(4). |
9 | (x) Section 17 of this act. |
10 | (xi) Section 18 of this act. |
11 | (4) The remainder of this act shall take effect in 60 |
12 | days. |
|