PRINTER'S NO. 431
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
463
Session of
2023
INTRODUCED BY KINSEY, MADDEN, HILL-EVANS, GIRAL, SANCHEZ,
D. WILLIAMS AND KRAJEWSKI, MARCH 16, 2023
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 16, 2023
AN ACT
Amending Title 61 (Prisons and Parole) of the Pennsylvania
Consolidated Statutes, in Pennsylvania Board of Probation and
Parole, providing for earned compliance credit.
This act may be referred to as the Earned Compliance Credit
Act.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Chapter 61 of Title 61 of the Pennsylvania
Consolidated Statutes is amended by adding a subchapter to read:
SUBCHAPTER H
EARNED COMPLIANCE CREDIT
Sec.
6191. Definitions.
6192. Earned compliance credits.
ยง 6191. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
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"Agency." The Department of Corrections of the Commonwealth
or any regional, local or county governmental agency responsible
for supervising individuals placed on probation by the courts or
serving a period of parole or postrelease supervision from
prison or jail, provided such agencies receive funding from the
Commonwealth.
"Case plan." An individualized accountability and behavior
change strategy for supervised individuals that:
(1) Targets and prioritizes the specific criminal risk
factors of the offender.
(2) Matches programs to the offender's individual
characteristics such as gender, culture, motivational state,
developmental stage and learning style.
(3) Establishes a timetable for achieving specific
behavioral goals, including a schedule for payment of victim
restitution, child support and other financial obligations.
(4) Specifies positive and negative actions that will be
taken in response to the supervised individual's behaviors.
"Compliance credit." A period of 15 days for every month
that a supervised individual:
(1) Fulfills the terms of the supervised individual's
case plan.
(2) Has no new arrests.
(3) Makes scheduled monthly payments for restitution,
fines and fees.
"Supervised individual." An individual placed on probation
by the courts or serving a period of parole or postrelease
supervision from prison or jail.
ยง 6192. Earned compliance credits.
(a) Agency action.--The agency shall:
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(1) Award earned compliance credits to a supervised
individual who satisfies the requirements specified in the
supervised individual's case plan.
(2) Place a supervised individual in a nonactive
supervision status for the number of days earned as
compliance credits.
(3) For supervised individuals in nonactive supervision,
submit a petition to the court or releasing authority to
request that the period of supervision be reduced by the
number of days of compliance credits earned by the
individual, when the supervised individual has no outstanding
restitution, fines or fees and is compliant on the
individual's court-ordered payment plan.
(4) Adopt rules and regulations, which shall be
published on all publicly accessible county Internet
websites, for the forfeiture of earned compliance credits for
supervised individuals who violate conditions of supervision.
The regulations shall provide that:
(i) Forfeiture is part of the agency's system of
graduated sanctions.
(ii) The extent of earned compliance credits
forfeited is related to the level of severity of the
violation.
(iii) Forfeiture of earned compliance credits is
limited to credits already earned and may not
prospectively deny future earned compliance credits.
(iv) A procedure is established for the restoration
of forfeited earned compliance credits based on the
supervised individual's compliance with supervision
conditions and progress in achieving the goals of the
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supervised individual's case plan.
(b) Compliance.--An individual defaulting on the payment of
court costs, restitution or fines after imposition of a
sentence, who is determined by the court to lack financial means
to pay the costs, restitution or fines without causing undue
burden to the individual or the individual's family, may not be
prohibited from earning or being awarded earned compliance
credits so long as the individual is compliant with all other
requirements for eligibility under this subchapter.
Section 2. This act shall take effect in 60 days.
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