PRIOR PRINTER'S NO. 59
PRINTER'S NO. 1819
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
14
Session of
2019
INTRODUCED BY A. WILLIAMS, BARTOLOTTA, STREET, FONTANA, WHITE,
HUGHES, ALLOWAY, HAYWOOD, COSTA, KEARNEY, LEACH, COLLETT,
MENSCH, FARNESE, BREWSTER, MUTH, FOLMER, BLAKE, SANTARSIERO,
KILLION, L. WILLIAMS, K. WARD, IOVINO, BOSCOLA, MARTIN AND
TARTAGLIONE, JANUARY 24, 2019
SENATOR BAKER, JUDICIARY, IN SENATE, AS AMENDED, JUNE 24, 2020
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in judicial boards and
commissions, providing for adoption of guidelines for
administrative probation violations; and, in sentencing,
further providing for sentencing generally, for order of
probation, for modification or revocation of order of
probation, for court-imposed sanctions for offenders
violating probation and providing for resentencing of certain
offenders incarcerated due to revocation of probation.
AMENDING TITLE 42 (JUDICIARY AND JUDICIAL PROCEDURE) OF THE
PENNSYLVANIA CONSOLIDATED STATUTES, IN SENTENCING, FURTHER
PROVIDING FOR CONDITIONS OF PROBATION AND FOR MODIFICATION OR
REVOCATION OF ORDER OF PROBATION.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
Section 2154.8. Adoption of guidelines for administrative
probation violations.
Within 180 days of the effective date of this section, the
commission shall adopt guidelines for a graduated response to
administrative probation violations. The guidelines may not
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include imprisonment for more than 30 days.
Section 2. Section 9721(a.1) of Title 42 is amended by
adding a paragraph to read:
§ 9721. Sentencing generally.
* * *
(a.1) Exception.--
* * *
(4) A court may not impose a sentence of probation
consecutive to another sentence of probation, total
confinement or State or county intermediate punishment.
* * *
Section 3. Sections 9754, 9771 and 9771.1(d), (i) and (j)
are amended to read:
§ 9754. Order of probation.
(a) General rule.--In imposing an order of probation the
court shall specify at the time of sentencing the length of any
term during which the defendant is to be supervised[, which term
may not exceed the maximum term for which the defendant could be
confined, and the authority that shall conduct the supervision.]
and that the term of probation may be continued, extended or
terminated.
(a.1) Misdemeanors and felonies.--The total probation period
may not exceed the following:
(1) for a felony, five years; and
(2) for a misdemeanor, three years.
(a.2) Nonpayment of fines, costs or restitution.--The court
may not extend the period of supervision due to nonpayment of
fines, costs or restitution unless the court makes a finding on
the record that the defendant is financially able to pay and has
willfully refused to do so.
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(b) Conditions generally.--The court shall attach such of
the reasonable conditions authorized by subsection (c) of this
section as it deems necessary to insure or assist the defendant
in leading a law-abiding life.
(c) Specific conditions.--The court may as a condition of
its order require the defendant:
(1) To meet his family responsibilities.
(2) To devote himself to a specific occupation or
employment.
(2.1) To participate in a public or nonprofit community
service program unless the defendant was convicted of murder,
rape, aggravated assault, arson, theft by extortion,
terroristic threats, robbery or kidnapping.
(3) To undergo available medical or psychiatric
treatment and to enter and remain in a specified institution,
when required for that purpose.
(4) To pursue a prescribed secular course of study or
vocational training.
(5) To attend or reside in a facility established for
the instruction, recreation, or residence of persons on
probation.
(6) To refrain from frequenting unlawful or disreputable
places or consorting with disreputable persons.
(7) To have in his possession no firearm or other
dangerous weapon unless granted written permission.
(8) To make restitution of the fruits of his crime or to
make reparations, in an amount he can afford to pay, for the
loss or damage caused thereby.
(9) To remain within the jurisdiction of the court and
to notify the court or the probation officer of any change in
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his address or his employment.
(10) To report as directed to the court or the probation
officer and to permit the probation officer to visit his
home.
(11) To pay such fine as has been imposed.
(12) To participate in drug or alcohol treatment
programs.
(13) To satisfy any other conditions reasonably related
to the rehabilitation of the defendant and not unduly
restrictive of his liberty or incompatible with his freedom
of conscience.
(14) To remain within the premises of his residence
during the hours designated by the court.
(d) Sentence following violation of probation.--The sentence
to be imposed in the event of the violation of a condition shall
[not be fixed prior to a finding on the record that a violation
has occurred.] conform with the guidelines adopted under section
2154.8 (relating to adoption of guidelines for administrative
probation violations).
§ 9771. Modification or revocation of order of probation.
(a) General rule.--The court may at any time terminate
continued supervision or lessen or increase the conditions upon
which an order of probation has been imposed.
(b) Revocation.--The court may revoke an order of probation
upon proof of the violation of specified conditions of the
probation. Upon revocation the sentencing alternatives available
to the court shall be [the same as were available at the time of
initial sentencing, due consideration being given to the time
spent serving the order of probation.] those adopted under
section 2154.8 (relating to adoption of guidelines for
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administrative probation violations).
(c) Limitation on sentence of total confinement.--[The]
Except for defendants who were admitted to a program established
under section 9771.1(a) (relating to court-imposed sanctions for
offenders violating probation), the court shall not impose a
sentence of total confinement upon revocation unless it finds
that:
(1) the defendant has been convicted of another [crime;
or] felony, in which case the court may sentence the
defendant to the sentencing alternatives available at the
time of the initial sentencing;
(1.1) the defendant has been convicted of another
misdemeanor, in which case the court may sentence the
defendant to imprisonment for not more than six months; or
(2) the conduct of the defendant indicates that it is
likely that he will commit another crime if he is not
imprisoned[; or] and no other condition of supervision or
treatment would decrease the likelihood that the defendant
will commit a future crime, in which case the court may
sentence the defendant to imprisonment for not more than 30
days.
[(3) such a sentence is essential to vindicate the
authority of the court.]
(d) Hearing required.--There shall be no revocation or
increase of conditions of sentence under this section except
after a hearing at which the court shall consider the record of
the sentencing proceeding together with evidence of the conduct
of the defendant while on probation. Probation may be eliminated
or the term decreased without a hearing.
(e) Early termination of probation for merit time.--Where a
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defendant has successfully completed 18 months of supervised
probation without violation or revocation, the probation
sentence shall be terminated by the county probation department.
§ 9771.1. Court-imposed sanctions for offenders violating
probation.
* * *
(d) Warning hearing.--
(1) At the time of sentencing, the court shall hold a
warning hearing for each participant in the program to
clearly communicate program expectations and consequences and
to encourage the participant's compliance and success.
(2) The court shall emphasize the expectations that the
participant remain drug free and comply with any treatment or
services ordered by the court as a condition of the
participant's probation.
(3) The court shall put the participant on notice that
each probation violation, including missed appointments and
positive drug tests, will result in jail time as provided for
under subsection (g).
(4) A warning shall be provided to the participant at
the warning hearing verbally and in writing.
* * *
(i) Revocation of probation.--
(1) After a third violation, the court may revoke the
order of probation.
(2) Upon revocation, the sentencing alternatives shall
be [the same as were available at the time of initial
sentencing, due consideration being given to the time spent
serving the order of probation.] in accordance with section
9771(c).
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(j) Local rules.--
(1) The court may adopt local rules for the
administration of this program. [Except as provided for under
paragraph (2), the] The local rules [may not be inconsistent]
must be consistent with this section or any rules adopted by
the Supreme Court.
[(2) The court may adopt local rules that are
inconsistent with subsection (g) regarding the terms of
imprisonment or other sanctions or conditions provided for
under subsection (g).]
Section 4. Title 42 is amended by adding a section to read:
Section 9771.2. Resentencing of certain offenders incarcerated
due to revocation of probation.
(a) General rule.--The sentencing court shall resentence a
defendant as provided under section 9771(c) (relating to
modification or revocation of order of probation) upon petition
of the defendant and proof of all of the following:
(1) The defendant's probation sentence was revoked and
the petitioner was sentenced to imprisonment for more than
one year as a result of an administrative probation
violation.
(2) The defendant has no disciplinary infractions during
imprisonment.
(3) The defendant has no pending criminal charges or
convictions for a new offense since the date the petitioner
was placed on probation.
(b) Petition procedure.--The petition for resentencing shall
be recognized as an authorized motion for sentence modification,
assigned an identification code by the Administrative Office of
Pennsylvania Courts and shall not require payment of a filing
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fee.
(c) Successive petitions.--A successive petition may not be
considered by the sentencing court unless new grounds are raised
in the petition. Any successive petition that is not scheduled
for a hearing within 30 days after filing shall be deemed denied
by operation of law.
Section 5. This act shall take effect immediately.
SECTION 1. SECTION 9763(B) OF TITLE 42 OF THE PENNSYLVANIA
CONSOLIDATED STATUTES, AMENDED DECEMBER 18, 2019 (P.L.770,
NO.115), IS AMENDED TO READ:
§ 9763. CONDITIONS OF PROBATION.
* * *
(B) CONDITIONS GENERALLY.--THE COURT MAY ATTACH ANY OF THE
FOLLOWING CONDITIONS UPON THE DEFENDANT AS IT DEEMS NECESSARY:
(1) TO MEET FAMILY RESPONSIBILITIES[.], INCLUDING
CONSIDERATION OF CHILD CARE RESPONSIBILITIES AND LIMITATIONS,
OTHER THAN THE CHILD CARE RESPONSIBILITIES AND LIMITATIONS
CONTAINED IN 23 PA.C.S. CH. 43 (RELATING TO SUPPORT MATTERS
GENERALLY) WHICH SHALL BE GOVERNED EXCLUSIVELY BY THE
PROVISIONS OF THAT CHAPTER.
(2) TO BE DEVOTED TO A SPECIFIC OCCUPATION, EMPLOYMENT
OR EDUCATION, STUDY OR VOCATIONAL TRAINING INITIATIVE.
(3) TO PARTICIPATE IN A PUBLIC OR NONPROFIT COMMUNITY
SERVICE PROGRAM.
(4) TO UNDERGO INDIVIDUAL OR FAMILY COUNSELING.
(5) TO UNDERGO AVAILABLE MEDICAL OR PSYCHIATRIC
TREATMENT OR TO ENTER AND REMAIN IN A SPECIFIED INSTITUTION,
WHEN REQUIRED FOR THAT PURPOSE.
(6) TO ATTEND EDUCATIONAL OR VOCATIONAL TRAINING
PROGRAMS.
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(7) TO ATTEND OR RESIDE IN A REHABILITATIVE FACILITY OR
OTHER INTERMEDIATE PUNISHMENT PROGRAM.
(9) TO NOT POSSESS A FIREARM OR OTHER DANGEROUS WEAPON
UNLESS GRANTED WRITTEN PERMISSION.
(10) TO MAKE RESTITUTION OF THE FRUITS OF THE CRIME OR
TO MAKE REPARATIONS, IN AN AFFORDABLE AMOUNT AND ON A
SCHEDULE THAT THE DEFENDANT CAN AFFORD TO PAY, FOR THE LOSS
OR DAMAGE CAUSED BY THE CRIME.
(11) TO BE SUBJECT TO INTENSIVE SUPERVISION WHILE
REMAINING WITHIN THE JURISDICTION OF THE COURT AND TO NOTIFY
THE COURT OR DESIGNATED PERSON OF ANY CHANGE IN ADDRESS OR
EMPLOYMENT. THE COURT MUST PERMIT THE DEFENDANT TO
TEMPORARILY LEAVE THE JURISDICTION OF THE COURT UNLESS THE
COURT FINDS A SPECIFIC, IDENTIFIABLE AND FORSEEABLE REASON
THAT LEAVING THE COURT'S JURISDICTION WOULD LIKELY RESULT IN
THE DEFENDANT ABSCONDING, CAUSING HARM TO HIMSELF OR OTHERS
OR COMMITTING A CRIME.
(12) TO REPORT AS DIRECTED TO THE COURT OR THE
DESIGNATED PERSON AND TO PERMIT THE DESIGNATED PERSON TO
VISIT THE DEFENDANT'S HOME.
(13) TO PAY A FINE.
(14) TO PARTICIPATE IN DRUG OR ALCOHOL SCREENING AND
TREATMENT PROGRAMS, INCLUDING OUTPATIENT PROGRAMS.
(15) TO DO OTHER THINGS REASONABLY RELATED TO
REHABILITATION.
* * *
SECTION 2. SECTION 9771(C) OF TITLE 42 IS AMENDED AND THE
SECTION IS AMENDED BY ADDING SUBSECTIONS TO READ:
§ 9771. MODIFICATION OR REVOCATION OF ORDER OF PROBATION.
* * *
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(B.1) NONPAYMENT OF FINES OR COSTS.--NOTWITHSTANDING
SUBSECTION (B), THE COURT MAY NOT EXTEND THE PERIOD OF
PROBATION, MAY NOT IMPOSE A BRIEF SANCTION UNDER SECTION 9771.1
(RELATING TO COURT-IMPOSED SANCTIONS FOR VIOLATING PROBATION)
AND MAY NOT REVOKE AN ORDER OF PROBATION SOLELY DUE TO
NONPAYMENT OF FINES OR COSTS UNLESS THE COURT FINDS, WITH
RESPECT TO THE PAYMENT OF FINES, THE DEFENDANT IS FINANCIALLY
ABLE TO PAY THE FINES AND HAS WILLFULLY REFUSED TO DO SO.
(C) LIMITATION ON SENTENCE OF TOTAL CONFINEMENT.--[THE COURT
SHALL NOT IMPOSE A SENTENCE OF TOTAL CONFINEMENT UPON REVOCATION
UNLESS IT FINDS THAT:
(1) THE DEFENDANT HAS BEEN CONVICTED OF ANOTHER CRIME;
OR
(2) THE CONDUCT OF THE DEFENDANT INDICATES THAT IT IS
LIKELY THAT HE WILL COMMIT ANOTHER CRIME IF HE IS NOT
IMPRISONED; OR
(3) SUCH A SENTENCE IS ESSENTIAL TO VINDICATE THE
AUTHORITY OF THE COURT.] THE FOLLOWING APPLY:
(1) EXCEPT AS PROVIDED IN PARAGRAPH (2), THE COURT MAY
NOT IMPOSE A SENTENCE OF TOTAL CONFINEMENT UPON REVOCATION
UNLESS THE COURT FINDS THE DEFENDANT HAS BEEN CONVICTED OF
ANOTHER CRIME.
(2) A COURT MAY IMPOSE A DETERMINATE SENTENCE OF TOTAL
CONFINEMENT UPON REVOCATION IF THE COURT FINDS BY A
PREPONDERANCE OF THE EVIDENCE THAT THE DEFENDANT COMMITTED A
TECHNICAL VIOLATION AND ANY OF THE FOLLOWING APPLY:
(I) THE TECHNICAL VIOLATION WAS SEXUAL IN NATURE.
(II) THE TECHNICAL VIOLATION INVOLVED ASSAULTIVE
BEHAVIOR OR INCLUDED A CREDIBLE THREAT TO CAUSE BODILY
INJURY TO ANOTHER.
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(III) THE TECHNICAL VIOLATION INVOLVED POSSESSION OR
CONTROL OF A WEAPON.
(IV) THE DEFENDANT ABSCONDED AND CANNOT BE SAFELY
DIVERTED FROM TOTAL CONFINEMENT THROUGH LESS RESTRICTIVE
MEANS.
(V) THERE EXISTS AN IDENTIFIABLE THREAT TO PUBLIC
SAFETY, AND THE DEFENDANT CANNOT BE SAFELY DIVERTED FROM
TOTAL CONFINEMENT THROUGH LESS RESTRICTIVE MEANS.
(VI) THE TECHNICAL VIOLATION INVOLVED AN INTENTIONAL
AND UNEXCUSED FAILURE TO ADHERE TO RECOMMENDED
PROGRAMMING OR CONDITIONS ON MORE THAN THREE OCCASIONS,
AND THE DEFENDANT CANNOT BE SAFELY DIVERTED FROM TOTAL
CONFINEMENT THROUGH LESS RESTRICTIVE MEANS.
(3) IF A COURT IMPOSES A SENTENCE OF TOTAL CONFINEMENT
UPON REVOCATION FOR A CONDITION UNDER PARAGRAPH (2), THE
DEFENDANT SHALL BE SENTENCED AS FOLLOWS:
(I) FOR A FIRST TECHNICAL VIOLATION, A MAXIMUM
PERIOD OF 14 DAYS.
(II) FOR A SECOND TECHNICAL VIOLATION, A MAXIMUM
PERIOD OF 30 DAYS.
(III) FOR A THIRD OR SUBSEQUENT TECHNICAL VIOLATION,
THE COURT MAY IMPOSE ANY SENTENCING ALTERNATIVES
AVAILABLE AT THE TIME OF INITIAL SENTENCING.
(IV) FOR A SENTENCE OF TOTAL CONFINEMENT UPON
REVOCATION FOR A CONDITION UNDER PARAGRAPH (2)(I), (II),
(III) OR (V), THE COURT MAY ADD UP TO AN ADDITIONAL 30
DAYS FOR A FIRST TECHNICAL VIOLATION OR UP TO AN
ADDITIONAL 45 DAYS FOR A SECOND TECHNICAL VIOLATION.
(V) THE COURT SHALL CONSIDER ALLOWING THE TERM OF
INCARCERATION TO BE SERVED ON WEEKENDS OR OTHER NONWORK
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DAYS FOR EMPLOYED PROBATIONERS WHO HAVE COMMITTED A FIRST
OR SECOND TECHNICAL VIOLATION.
(VI) THE TIME LIMITATIONS CONTAINED IN THIS
PARAGRAPH SHALL NOT APPLY TO THE EXTENT AN ADDITIONAL
TERM OF TOTAL CONFINEMENT IS NECESSARY TO ALLOW A
DEFENDANT TO EITHER BE EVALUATED FOR OR TO PARTICIPATE
IN:
(A) A COURT-ORDERED DRUG, ALCOHOL OR MENTAL
HEALTH TREATMENT PROGRAM; OR
(B) A PROBLEM-SOLVING COURT PROVIDED FOR IN
SECTION 916 (RELATING TO PROBLEM-SOLVING COURTS).
* * *
(E) MANDATORY PROBATION REVIEW CONFERENCE.--
(1) (I) SUBJECT TO SUBPARAGRAPH (II), A DEFENDANT SHALL
BE ELIGIBLE FOR AN INITIAL PROBATION REVIEW CONFERENCE
AFTER THE DEFENDANT HAS COMPLETED THREE YEARS OF
PROBATION FOLLOWING A MISDEMEANOR CONVICTION OR FIVE
YEARS OF PROBATION FOLLOWING A FELONY CONVICTION.
(II) IF THE SENTENCE OR SENTENCES IMPOSED ARISE OUT
OF THE CONVICTION FOR MULTIPLE OFFENSES AND:
(A) THE SENTENCE OR SENTENCES IMPOSED ARE ALL
MISDEMEANORS AND ARE BASED ON THE SAME CONDUCT OR
ARISE FROM THE SAME CRIMINAL EPISODE, THE DEFENDANT
SHALL BE ELIGIBLE FOR A PROBATION REVIEW CONFERENCE
AT THE INITIAL COMPLETION OF THREE YEARS OF PROBATION
BY THE DEFENDANT.
(B) THE SENTENCE OR SENTENCES IMPOSED INCLUDE A
FELONY AND ARE BASED ON THE SAME CONDUCT OR ARISE
FROM THE SAME CRIMINAL EPISODE, THE DEFENDANT SHALL
BE ELIGIBLE FOR A PROBATION REVIEW CONFERENCE AT THE
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INITIAL COMPLETION OF FIVE YEARS OF PROBATION BY THE
DEFENDANT.
(2) UNLESS WAIVED UNDER SUBSECTION (D), THE COURT SHALL
HOLD A PROBATION REVIEW CONFERENCE NO LATER THAN 60 DAYS FROM
THE DATE THE DEFENDANT IS ELIGIBLE. IF A DEFENDANT'S
PROBATION REVIEW CONFERENCE HAS NOT COMMENCED WITHIN THE TIME
FRAMES SPECIFIED IN THIS SUBSECTION, THE DEFENDANT'S
ATTORNEY, OR THE DEFENDANT IF UNREPRESENTED, MAY FILE A
MOTION DEMANDING A PROBATION REVIEW CONFERENCE WITHIN FIVE
BUSINESS DAYS.
(3) A DEFENDANT SERVING PROBATION FOLLOWING EITHER A
FELONY CONVICTION OR MISDEMEANOR CONVICTION SHALL BE ELIGIBLE
FOR AN INITIAL PROBATION REVIEW CONFERENCE SIX MONTHS PRIOR
TO THE DATE THAT THE DEFENDANT WOULD OTHERWISE BE ELIGIBLE
UNDER PARAGRAPH (1) IF THE DEFENDANT SUCCESSFULLY SATISFIES
ANY OF THE FOLLOWING CONDITIONS WHILE SERVING THE TERM OF
PROBATION:
(I) EARNS A HIGH SCHOOL DIPLOMA OR CERTIFICATE OF
HIGH SCHOOL EQUIVALENCY.
(II) EARNS AN ASSOCIATE DEGREE FROM AN ACCREDITED
UNIVERSITY, COLLEGE, SEMINARY COLLEGE, COMMUNITY COLLEGE
OR TWO-YEAR COLLEGE.
(III) EARNS A BACHELOR'S DEGREE FROM AN ACCREDITED
UNIVERSITY, COLLEGE OR SEMINARY COLLEGE.
(IV) EARNS A MASTER'S OR OTHER GRADUATE DEGREE FROM
AN ACCREDITED UNIVERSITY, COLLEGE OR SEMINARY COLLEGE.
(V) OBTAINS A VOCATIONAL OR OCCUPATIONAL LICENSE,
CERTIFICATE, REGISTRATION OR PERMIT.
(VI) COMPLETES A CERTIFIED VOCATIONAL, CERTIFIED
TECHNICAL OR CERTIFIED CAREER EDUCATION OR TRAINING
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PROGRAM.
(VII) ANY OTHER CONDITION APPROVED BY THE COURT AT
THE TIME OF SENTENCING THAT SUBSTANTIALLY ASSISTS THE
DEFENDANT IN LEADING A LAW-ABIDING LIFE OR FURTHERS THE
REHABILITATIVE NEEDS OF THE DEFENDANT.
(4) A DEFENDANT SERVING PROBATION FOLLOWING A FELONY
CONVICTION SHALL BE ELIGIBLE FOR AN INITIAL PROBATION REVIEW
CONFERENCE UP TO A TOTAL OF SIX MONTHS PRIOR TO THE DATE THAT
THE DEFENDANT WOULD OTHERWISE BE ELIGIBLE UNDER PARAGRAPH (3)
IF THE DEFENDANT SATISFIES AN ADDITIONAL CONDITION SPECIFIED
IN PARAGRAPH (3) WHILE SERVING THE TERM OF PROBATION.
(5) A DEFENDANT SENTENCED TO PROBATION FOLLOWING EITHER
A FELONY CONVICTION OR A MISDEMEANOR CONVICTION SHALL BE
ELIGIBLE FOR AN INITIAL PROBATION REVIEW CONFERENCE PRIOR TO
THE DATE OTHERWISE ELIGIBLE UNDER PARAGRAPHS (1), (3) OR (4)
AS FOLLOWS:
(I) TWO MONTHS EARLIER FOR EVERY SIX CONSECUTIVE
CALENDAR MONTHS SERVED ON PROBATION WITHOUT A VIOLATION.
SUCH SIX-CALENDAR-MONTH-PERIOD SHALL BE REFERRED TO AS
THE "NON-VIOLATION PERIOD." NO TWO NON-VIOLATION PERIODS
MAY CONTAIN THE SAME CALENDAR MONTH IN THE SAME CALENDAR
YEAR.
(II) TWO MONTHS EARLIER FOR EVERY SIX CONSECUTIVE
CALENDAR MONTHS IN WHICH THE DEFENDANT MAINTAINS AT LEAST
80 HOURS PER MONTH OF EMPLOYMENT. SUCH SIX-CALENDAR-
MONTH-PERIOD SHALL BE REFERRED TO AS THE "EMPLOYMENT
PERIOD." NO TWO EMPLOYMENT PERIODS MAY CONTAIN THE SAME
CALENDAR MONTH IN THE SAME CALENDAR YEAR.
(III) TWO MONTHS EARLIER FOR EVERY SIX CONSECUTIVE
CALENDAR MONTHS IN WHICH THE DEFENDANT PERFORMS AT LEAST
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80 HOURS PER MONTH OF COMMUNITY SERVICE ON BEHALF OF A
PENNSYLVANIA REGISTERED 501(C)(3) NONPROFIT ORGANIZATION
OR CIVIC OR GOVERNMENTAL AGENCY. SUCH SIX-CALENDAR-MONTH-
PERIOD SHALL BE REFERRED TO AS THE "COMMUNITY SERVICE
PERIOD." NO TWO COMMUNITY SERVICE PERIODS MAY CONTAIN THE
SAME CALENDAR MONTH IN THE SAME CALENDAR YEAR.
(IV) IN NO EVENT SHALL THE TOTAL REDUCTION IN TIME
CALCULATED PURSUANT TO THIS PARAGRAPH EXCEED SIX MONTHS.
(6) TO QUALIFY A DEFENDANT FOR AN ACCELERATED INITIAL
PROBATION REVIEW CONFERENCE UNDER PARAGRAPH (3), (4) OR (5),
ANY CONDITION UNDER PARAGRAPH (3)(V), (VI) OR (VII) AN
EMPLOYER REFERENCED UNDER PARAGRAPH (5)(II) OR A NONPROFIT
ORGANIZATION OR CIVIC OR GOVERNMENTAL AGENCY REFERENCED UNDER
PARAGRAPH (5)(III) MUST BE APPROVED BY THE PENNSYLVANIA
COMMISSION ON CRIME AND DELINQUENCY OR ANY ADVISORY COMMITTEE
OF THAT COMMISSION DESIGNATED TO PROVIDE APPROVAL.
(7) A DEFENDANT SENTENCED TO A PERIOD OF PROBATION
CONSECUTIVE TO A PERIOD OF INCARCERATION IN A STATE
CORRECTIONAL INSTITUTION SHALL BE ELIGIBLE FOR AN INITIAL
PROBATION REVIEW CONFERENCE 12 MONTHS PRIOR TO THE DATE THAT
A DEFENDANT WOULD OTHERWISE BE ELIGIBLE FOR A PROBATION
REVIEW CONFERENCE UNDER PARAGRAPH (1) IF THE DEFENDANT
COMPLETED THE FINAL 12 MONTHS OF STATE PAROLE SUPERVISION
WITHOUT VIOLATING THE TERMS AND CONDITIONS OF THE DEFENDANT'S
PAROLE. THIS PARAGRAPH SHALL NOT APPLY TO A DEFENDANT WHO
SERVES FEWER THAN 12 MONTHS ON STATE PAROLE SUPERVISION.
(8) NOTWITHSTANDING PARAGRAPHS (1) AND (11), NO
DEFENDANT SHALL BE ELIGIBLE FOR A PROBATION REVIEW CONFERENCE
IF:
(I) A COURT DETERMINES BY A PREPONDERANCE OF THE
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EVIDENCE THAT THE DEFENDANT COMMITTED ONE OF THE
FOLLOWING TECHNICAL VIOLATIONS WITHIN THE NINE MONTHS
IMMEDIATELY PRECEDING THE DEFENDANT'S PROBATION REVIEW
CONFERENCE:
(A) A TECHNICAL VIOLATION THAT WAS SEXUAL IN
NATURE.
(B) A TECHNICAL VIOLATION THAT INVOLVED
ASSAULTIVE BEHAVIOR OR INCLUDED A CREDIBLE THREAT TO
CAUSE BODILY INJURY TO ANOTHER.
(C) A TECHNICAL VIOLATION THAT INVOLVED
POSSESSION OR CONTROL OF A WEAPON.
(D) THE DEFENDANT ABSCONDED.
(E) A TECHNICAL VIOLATION THAT INVOLVED AN
IDENTIFIABLE THREAT TO PUBLIC SAFETY.
(F) A TECHNICAL VIOLATION THAT INVOLVED AN
INTENTIONAL AND UNEXCUSED FAILURE TO ADHERE TO
RECOMMENDED PROGRAMMING OR CONDITIONS ON MORE THAN
THREE OCCASIONS.
(II) A COURT DETERMINES BY A PREPONDERANCE OF THE
EVIDENCE THAT THE DEFENDANT COMMITTED ANY OTHER TECHNICAL
VIOLATION NOT ENUMERATED IN SUBPARAGRAPH (I) WITHIN THE
SIX MONTHS IMMEDIATELY PRECEDING THE DEFENDANT'S
PROBATION REVIEW CONFERENCE.
(III) THE DEFENDANT WAS CONVICTED OF A MISDEMEANOR
OR FELONY OFFENSE COMMITTED WHILE EITHER INCARCERATED OR
SERVING PROBATION.
(9) FOLLOWING THE PROBATION REVIEW CONFERENCE, THE COURT
SHALL TERMINATE PROBATION UNLESS THE COURT FINDS BY A
PREPONDERANCE OF THE EVIDENCE ANY OF THE FOLLOWING:
(I) THE CONDUCT OF THE DEFENDANT ON PROBATION
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CREATES AN IDENTIFIABLE THREAT TO PUBLIC SAFETY,
INCLUDING CONSIDERATION OF WHETHER THE DEFENDANT IS THE
SUBJECT OF AN ACTIVE PROTECTION FROM ABUSE ORDER UNDER 23
PA.C.S. CH. 61 (RELATING TO PROTECTION FROM ABUSE) OR AN
ACTIVE PROTECTION FROM INTIMIDATION ORDER UNDER 18
PA.C.S. CH. 49 SUBCH. B (RELATING TO VICTIM AND WITNESS
INTIMIDATION).
(II) THE DEFENDANT HAS NOT SUCCESSFULLY COMPLETED
ALL TREATMENT OR OTHER PROGRAMS REQUIRED AS A CONDITION
OF PROBATION AND TERMINATION OF PROBATION WOULD EITHER
PREVENT THE DEFENDANT FROM CONTINUING IN THE COURT-
MANDATED TREATMENT OR PROGRAMMING THAT THE COURT
DETERMINES IS STILL NECESSARY TO AID IN THE DEFENDANT'S
REHABILITATION OR WOULD CREATE A SUBSTANTIAL LIKELIHOOD
THAT THE DEFENDANT WOULD DISCONTINUE THE TREATMENT OR
PROGRAMS.
(III) THE DEFENDANT HAS FAILED TO PAY THE TOTAL
RESTITUTION OWED BY THE DEFENDANT.
(10) IF THE COURT DOES NOT TERMINATE PROBATION AT A
PROBATION REVIEW CONFERENCE SOLELY BECAUSE OF THE DEFENDANT'S
FAILURE TO PAY RESTITUTION IN FULL, THE COURT SHALL ORDER
THAT THE DEFENDANT BE PLACED ON ADMINISTRATIVE PROBATION IF
THE DEFENDANT EITHER HAS PAID AT LEAST 50% OF THE RESTITUTION
OWED OR THE COURT DETERMINES, CONSIDERING THE DEFENDANT'S
RESOURCES, INCOME AND FAMILY, LEGAL OR OTHER OBLIGATIONS,
THAT THE DEFENDANT HAS MADE A GOOD FAITH EFFORT TO PAY. FOR
PURPOSES OF THIS PARAGRAPH, "ADMINISTRATIVE PROBATION" SHALL
BE DEFINED AS PROBATION IMPOSED UNDER THIS PARAGRAPH THAT:
(I) REQUIRES A DEFENDANT TO MAKE SUPERVISION CONTACT
AT LEAST ONE TIME PER YEAR.
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(II) REQUIRES A DEFENDANT TO PROVIDE UPDATED CONTACT
INFORMATION UPON A CHANGE IN RESIDENCE OR EMPLOYMENT.
(III) REQUIRES A DEFENDANT TO PAY THE REMAINING
RESTITUTION OWED, AS ORDERED BY THE COURT ON A SCHEDULE
THAT THE DEFENDANT CAN AFFORD TO PAY.
(IV) DOES NOT IMPOSE ANY OTHER CONDITION OF
PROBATION.
(11) IF THE COURT DOES NOT TERMINATE PROBATION AT A
PROBATION REVIEW CONFERENCE, THE DEFENDANT SHALL RECEIVE
WRITTEN NOTICE OF THE COURT'S ORDER DETAILING ITS FINDINGS.
THE DEFENDANT SHALL BE ELIGIBLE FOR A SUBSEQUENT PROBATION
REVIEW CONFERENCE NO LATER THAN 12 MONTHS AFTER THE DATE OF
THE MOST RECENT PROBATION REVIEW CONFERENCE.
(12) THIS SUBSECTION SHALL NOT APPLY AND THE DEFENDANT
SHALL NOT BE ENTITLED TO A PROBATION REVIEW IF ANY OF THE
FOLLOWING HAS OCCURRED:
(I) THE DEFENDANT WAS CONVICTED OF AN OFFENSE LISTED
UNDER SUBCHAPTER H (RELATING TO REGISTRATION OF SEXUAL
OFFENDERS) OR I (RELATING TO CONTINUED REGISTRATION OF
SEXUAL OFFENDERS) OF CHAPTER 97.
(II) THE DEFENDANT WAS CONVICTED OF A CRIME OF
VIOLENCE.
(III) THE DEFENDANT WAS CONVICTED OF AN OFFENSE
UNDER 18 PA.C.S. § 2701 (RELATING TO SIMPLE ASSAULT) OR
2709.1 (RELATING TO STALKING) AGAINST A FAMILY OR
HOUSEHOLD MEMBER.
(13) NOTHING IN THIS SUBSECTION SHALL BE CONSTRUED TO:
(I) PREVENT A DEFENDANT FROM PETITIONING A COURT FOR
EARLY TERMINATION OF PROBATION OR MODIFICATION OF THE
TERMS AND CONDITIONS OF PROBATION AS OTHERWISE PERMITTED
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BY LAW.
(II) PROHIBIT THE COURT, IN ITS DISCRETION, FROM
ELIMINATING OR DECREASING THE TERM OF PROBATION UNDER
SUBSECTION (D).
(F) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
"CRIME OF VIOLENCE." AS DEFINED IN SECTION 9714(G) (RELATING
TO SENTENCES FOR SECOND AND SUBSEQUENT OFFENSES).
"FAMILY OR HOUSEHOLD MEMBERS." AS DEFINED IN 23 PA.C.S. §
6102(A) (RELATING TO DEFINITIONS).
"TECHNICAL VIOLATION." A VIOLATION OF THE TERMS AND
CONDITIONS OF A DEFENDANT'S SENTENCE, OTHER THAN BY THE
COMMISSION OF A NEW CRIME OF WHICH THE DEFENDANT IS CONVICTED OR
FOUND GUILTY BY A JUDGE OR JURY OR TO WHICH THE DEFENDANT PLEADS
GUILTY OR NOLO CONTENDERE IN A COURT OF RECORD.
SECTION 3. THIS ACT SHALL APPLY AS FOLLOWS:
(1) THIS ACT SHALL APPLY TO INDIVIDUALS SENTENCED OR
RESENTENCED ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION.
(2) EXCEPT FOR THE ADDITION OF 42 PA.C.S. § 9771(E),
THIS ACT SHALL APPLY TO INDIVIDUALS SENTENCED OR RESENTENCED
PRIOR TO THE EFFECTIVE DATE OF THIS SECTION.
SECTION 4. NOTHING IN THIS ACT SHALL BE CONSTRUED TO PREVENT
A DEFENDANT FROM PETITIONING A COURT FOR EARLY TERMINATION OF
PROBATION OR MODIFICATION OF THE TERMS AND CONDITIONS OF
PROBATION AS OTHERWISE PERMITTED BY LAW.
SECTION 5. COURTS SHALL ENSURE THAT THE PROBATION OF ALL
INDIVIDUALS SENTENCED OR RESENTENCED PRIOR TO THE EFFECTIVE DATE
OF THIS SECTION ARE REVIEWED TO DETERMINE WHETHER THE
INDIVIDUALS SHOULD BE CONSIDERED FOR EARLY TERMINATION OF
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PROBATION OR MODIFICATION OF THE TERMS AND CONDITIONS OF
PROBATION. THE REVIEW SHALL OCCUR AT THE LATER OF TWO YEARS
AFTER THE EFFECTIVE DATE OF THIS SECTION OR:
(1) THE DATE THE INDIVIDUAL HAS COMPLETED THREE YEARS OF
PROBATION FOLLOWING A MISDEMEANOR CONVICTION OR FIVE YEARS OF
PROBATION FOLLOWING A FELONY CONVICTION; OR
(2) IF THE SENTENCE OR SENTENCES IMPOSED ARISE OUT OF
THE CONVICTION OF MULTIPLE OFFENSES AND:
(I) THE SENTENCE OR SENTENCES IMPOSED ARE ALL
MISDEMEANORS AND ARE BASED ON THE SAME CONDUCT OR ARISE
FROM THE SAME CRIMINAL EPISODE, THE DEFENDANT SHALL BE
ELIGIBLE FOR A PROBATION REVIEW CONFERENCE AT THE INITIAL
COMPLETION OF THREE YEARS OF PROBATION BY THE DEFENDANT.
(II) THE SENTENCE OR SENTENCES IMPOSED INCLUDE A
FELONY AND ARE BASED ON THE SAME CONDUCT OR ARISE FROM
THE SAME CRIMINAL EPISODE, THE DEFENDANT SHALL BE
ELIGIBLE FOR A PROBATION REVIEW CONFERENCE AT THE INITIAL
COMPLETION OF FIVE YEARS OF PROBATION BY THE DEFENDANT.
FOR EACH CASE UNDER REVIEW, THE DEFENDANT AND THE COMMONWEALTH
SHALL HAVE THE OPPORTUNITY, IN ADVANCE OF A DECISION, TO PROVIDE
WRITTEN COMMENTS TO THE COURT. COURTS MAY BY LOCAL RULE ADOPT
SUCH PROCEDURES AS THEY DEEM APPROPRIATE TO ACCOMPLISH THE
REVIEWS.
SECTION 6. WHEN A COURT, EITHER AS A RESULT OF A PETITION OR
AS A RESULT OF ITS REVIEW UNDER SECTION 5 OF THIS ACT, SEEKS TO
DETERMINE WHETHER AN INDIVIDUAL SENTENCED OR RESENTENCED PRIOR
TO THE EFFECTIVE DATE OF THIS SECTION SHOULD BE CONSIDERED FOR
EARLY TERMINATION OF PROBATION OR MODIFICATION OF THE TERMS AND
CONDITIONS OF PROBATION, THE COURT SHALL ENSURE THAT DUE
CONSIDERATION IS GIVEN TO WHETHER THE INDIVIDUAL HAS
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SUCCESSFULLY SATISFIED THE CONDITIONS CONTAINED IN 42 PA.C.S. §
9771(E)(3)(I), (II), (III), (IV), (V), (VI) AND (VII) OR HAS
ENGAGED IN BEHAVIOR THAT WOULD HAVE OTHERWISE MADE THE
INDIVIDUAL ELIGIBLE FOR THE REDUCTIONS IN TIME SPECIFIED IN 42
PA.C.S. § 9771(E)(5), (I), (II) AND (III).
SECTION 7. SECTION 5 OF THIS ACT SHALL NOT APPLY AND THE
DEFENDANT SHALL NOT BE ENTITLED TO A PROBATION REVIEW IF:
(1) THE DEFENDANT COMMITTED ONE OF THE FOLLOWING
TECHNICAL VIOLATIONS WITHIN THE NINE MONTHS IMMEDIATELY
PRECEDING THE DEFENDANT'S PROBATION REVIEW CONFERENCE:
(I) A TECHNICAL VIOLATION THAT WAS SEXUAL IN NATURE.
(II) A TECHNICAL VIOLATION THAT INVOLVED ASSAULTIVE
BEHAVIOR OR INCLUDED A CREDIBLE THREAT TO CAUSE BODILY
INJURY TO ANOTHER.
(III) A TECHNICAL VIOLATION THAT INVOLVED POSSESSION
OR CONTROL OF A WEAPON.
(IV) THE DEFENDANT ABSCONDED.
(V) A TECHNICAL VIOLATION THAT INVOLVED AN
IDENTIFIABLE THREAT TO PUBLIC SAFETY.
(VI) A TECHNICAL VIOLATION WHICH INVOLVED AN
INTENTIONAL AND UNEXCUSED FAILURE TO ADHERE TO
RECOMMENDED PROGRAMMING OR CONDITIONS ON MORE THAN THREE
OCCASIONS.
(2) THE DEFENDANT COMMITTED ANY OTHER TECHNICAL
VIOLATION NOT ENUMERATED IN PARAGRAPH (1) WITHIN THE SIX
MONTHS IMMEDIATELY PRECEDING THE DEFENDANT'S PROBATION REVIEW
CONFERENCE.
(3) THE DEFENDANT WAS CONVICTED OF A MISDEMEANOR OR
FELONY OFFENSE COMMITTED WHILE EITHER INCARCERATED OR SERVING
PROBATION.
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(4) THE DEFENDANT WAS CONVICTED OF AN OFFENSE LISTED
UNDER 42 PA.C.S. CH. 97 SUBCH. H (RELATING TO REGISTRATION OF
SEXUAL OFFENDERS) OR I (RELATING TO CONTINUED REGISTRATION OF
SEXUAL OFFENDERS).
(5) THE DEFENDANT WAS CONVICTED OF A CRIME OF VIOLENCE.
(6) THE DEFENDANT WAS CONVICTED OF AN OFFENSE UNDER 18
PA.C.S. § 2701 (RELATING TO SIMPLE ASSAULT) OR 2709.1
(RELATING TO STALKING) AGAINST A FAMILY OR HOUSEHOLD MEMBER.
SECTION 8. THIS ACT SHALL TAKE EFFECT JANUARY 1, 2021.
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