CHAPTER 41
STATE DRUG TREATMENT PROGRAM
Sec.
4101. Scope of chapter.
4102. Findings and purpose.
4103. Definitions.
4104. Selection for the State drug treatment program.
4105. State drug treatment program.
4106. Written guidelines and regulations.
4107. Evaluation.
4108. Construction.
4109. Evaluation (Repealed).
Enactment. Chapter 41 was added August 11, 2009, P.L.147, No.33, effective in 60 days.
Chapter Heading. The heading of Chapter 41 was amended December 18, 2019, P.L.776, No.115, effective immediately.
Cross References. Chapter 41 is referred to in section 2153 of Title 42 (Judiciary and Judicial Procedure).
§ 4101. Scope of chapter.
This chapter relates to the State drug treatment program.
(Dec. 18, 2019, P.L.776, No.115, eff. 60 days)
§ 4102. Findings and purpose.
The General Assembly finds as follows:
(1) Many crimes are committed by persons who, because of their addiction to drugs or alcohol, are unable to maintain gainful employment.
(2) These persons often commit crimes as a means of obtaining the funds necessary to purchase drugs or alcohol.
(3) Many persons commit crimes while under the influence of drugs or alcohol even though they are not addicted to such substances in a clinical sense.
(4) Punishing persons who commit crimes is an important aspect of recognizing the harm that criminals visit upon their victims.
(5) Many people who commit crimes will be able to become law-abiding, contributing members of society if they are able to obtain treatment for their drug or alcohol addiction or abuse.
(6) The purpose of this chapter is to create a program that punishes persons who commit crimes, but also provides treatment that offers the opportunity for those persons to address their drug or alcohol addiction or abuse and thereby reduce the incidents of recidivism and enhance public safety.
§ 4103. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Commission." The Pennsylvania Commission on Sentencing.
"Community-based therapeutic community." A long-term residential addiction treatment program licensed by the Department of Health to provide addiction treatment services using a therapeutic community model and determined by the Department of Corrections to be qualified to provide addiction treatment to eligible offenders.
"Community corrections center." A residential program that is supervised and operated by the Department of Corrections in accordance with Chapter 50 (relating to community corrections centers and community corrections facilities).
"Court." The trial judge exercising sentencing jurisdiction over an eligible offender under this chapter or the president judge if the original trial judge is no longer serving as a judge of the sentencing court.
"Defendant." An individual charged with a drug-related offense, including an individual convicted of violating section 13(a)(14), (30) or (37) of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, where the sentence was imposed pursuant to 18 Pa.C.S. § 7508(a)(1)(i), (2)(i), (3)(i), (4)(i) or (7)(i) (relating to drug trafficking sentencing and penalties).
"Department." The Department of Corrections of the Commonwealth.
"Drug offender treatment program." An individualized treatment program established by the Department of Corrections consisting primarily of drug and alcohol addiction treatment that satisfies the terms and conditions listed in section 4105 (relating to drug offender treatment program).
"Drug trafficking." A violation of section 13(a)(14), (30) or (37) of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, where the controlled substance is:
(1) Marijuana, if the amount of marijuana involved is at least 50 pounds or at least 51 live plants.
(2) A narcotic drug classified in Schedule I or Schedule II under section 3 or 4 of The Controlled Substance, Drug, Device and Cosmetic Act, if the aggregate weight of the compound or mixture containing the substance involved is at least 100 grams.
(3) Any of the following, if the aggregate weight of the compound or mixture of the substance involved is at least 100 grams:
(i) Coca leaves.
(ii) A salt, compound, derivative or preparation of coca leaves.
(iii) A salt, compound, derivative or preparation which is chemically equivalent or identical with any of the substances under subparagraphs (i) and (ii).
(iv) A mixture containing any of the substances under subparagraphs (i) and (ii), except decocainized coca leaves or extracts of coca leaves which do not contain cocaine or ecgonine.
(4) Any of the following, if the aggregate weight of the compound or mixture of the substance involved is at least 100 grams:
(i) Methamphetamine.
(ii) Phencyclidine.
(iii) A salt, isomer or salt of an isomer of methamphetamine or phencyclidine.
(iv) A mixture containing:
(A) Methamphetamine or phencyclidine.
(B) A salt of methamphetamine or phencyclidine.
(C) An isomer of methamphetamine or phencyclidine.
(D) A salt of an isomer of methamphetamine or phencyclidine.
(5) Heroin or a mixture containing heroin, if the aggregate weight of the compound or mixture containing the heroin is 50 grams or greater.
(6) A mixture containing 3, 4-methylenedioxyamphetamine (MDA); 3, 4-methylenedioxymethamphetamine (MDMA); 5-methoxy-3, 4-methylenedioxyamphetamine (MMDA); 3, 4-methylenedioxy-N-ethylamphetamine; or N-hydroxy-3, 4-methylenedioxyamphetamine when the aggregate weight of the compound or mixture containing the substance involved is at least 1,000 tablets, capsules, caplets or other dosage units, or 300 grams.
(7) Fentanyl or a mixture containing Fentanyl, if the aggregate weight of the compound or mixture containing the Fentanyl is 10 grams or more.
(8) Carfentanil or a mixture containing carfentanil, if the aggregate weight of the compound or mixture containing the carfentanil is one gram or more.
"Drug-related offense." A criminal offense for which a defendant is convicted and that the court determines was motivated by the defendant's consumption of or addiction to alcohol or a controlled substance, counterfeit, designer drug, drug, immediate precursor or marijuana, as those terms are defined in the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act.
"Eligible person."
(1) A person who has not been designated by the sentencing court as ineligible and is a person convicted of a drug-related offense who:
(i) Has undergone an assessment performed by the Department of Corrections, which assessment has concluded that the person is in need of drug and alcohol addiction treatment and would benefit from commitment to the State drug treatment program and that placement in the State drug treatment program would be appropriate.
(ii) Does not demonstrate a history of present or past violent behavior.
(iii) Is a person sentenced to a term of confinement under the jurisdiction of the department, the minimum of which is not more than two years, or a person who is serving a term of confinement, the minimum of which is not more than five years where the person is within two years of completing the person's minimum term.
(iv) Provides written consent permitting release of information pertaining to the person's participation in the State drug treatment program.
(2) The term shall not include a person who is subject to a sentence the calculation of which includes an enhancement for the use of a deadly weapon, as defined pursuant to law or the sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing, a person who has been convicted or adjudicated delinquent of any crime 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) or a person with a current conviction or a prior conviction within the past ten years for 18 Pa.C.S. § 2502 (relating to murder), drug trafficking as defined in this section or a crime of violence as defined in 42 Pa.C.S. § 9714(g) (relating to sentences for second or subsequent offenses) or criminal attempt, criminal solicitation or criminal conspiracy to commit any of these offenses.
(3) (Deleted by amendment).
(4) (Deleted by amendment).
"Expulsion." The permanent removal of a participant from a drug offender treatment program.
"Group home." A residential program that is contracted out by the Department of Corrections to a private service provider for inmates who are on parole.
"Individualized drug offender treatment plan." An individualized addiction treatment plan within the framework of the drug offender treatment program.
"Institutional therapeutic community." A residential drug treatment program in a State correctional institution, accredited as a therapeutic community for treatment of drug and alcohol abuse and addiction by the American Correctional Association or other nationally recognized accreditation organization for therapeutic community drug and alcohol addiction treatment.
"Outpatient addiction treatment facility." An addiction treatment facility licensed by the Department of Health and designated by the Department of Corrections as qualified to provide addiction treatment to criminal justice offenders.
"Participant." An eligible person placed in the State drug treatment program.
"Transitional residence." A residence investigated and approved by the Department of Corrections as appropriate for housing a participant in a drug offender treatment program.
(July 5, 2012, P.L.1050, No.122, eff. July 1, 2013; Dec. 18, 2019, P.L.776, No.115, eff. 60 days)
2019 Amendment. Act 115 amended the defs. of "eligible person" and "participant" and added the def. of "drug trafficking."
2012 Amendment. Act 122 amended the defs. of "community corrections center," "defendant," "eligible offender" and "group home."
Cross References. Section 4103 is referred to in sections 3903, 4503, 4504, 6137.1 of this title.
§ 4104. Selection for the State drug treatment program.
(a) Duties of commission and sentencing judge.--
(1) Through the use of sentencing guidelines, the commission shall employ the term "eligible person" as defined in this chapter to further identify persons who would be potentially appropriate for participation in the State drug treatment program. The sentencing judge shall employ the sentencing guidelines to identify persons who are eligible for participation in the State drug treatment program. The judge shall consider the position of a victim of the crime, as advised by the prosecuting attorney, on whether to exclude the person from eligibility for placement in the State drug treatment program. The judge shall exclude the person from eligibility if the prosecuting attorney opposes eligibility. The judge shall note on the sentencing order if a person has been excluded from eligibility for the State drug treatment program. If the person is not excluded from eligibility, the minimum sentence imposed shall operate as the minimum for parole eligibility purposes if the person is not placed in the program by the department under subsection (c) or if the person is expelled from the program under section 4105(f) (relating to State drug treatment program).
(1.1) (Deleted by amendment).
(2) (i) The prosecuting attorney shall advise the court if the prosecuting attorney or a victim of the crime opposes eligibility and, in the prosecuting attorney's sole discretion, may advise the court that the Commonwealth has elected to waive the eligibility requirements of this chapter if the victim has been given notice of the prosecuting attorney's intent to waive the eligibility requirements and an opportunity to be heard on the issue.
(ii) The court, after considering victim input, may refuse to accept the prosecuting attorney's waiver of the eligibility requirements.
(iii) (Deleted by amendment).
(iv) (Deleted by amendment).
(v) (Deleted by amendment).
(b) Assessment of addiction.--The department shall conduct an assessment of the addiction and other treatment needs of an eligible person and determine whether the person would benefit from the State drug treatment program, public safety would be enhanced by the person's participation in the State drug treatment program, and placement of the person in the State drug treatment program would not depreciate the seriousness of the offense. The assessment shall be conducted using a nationally recognized assessment instrument or an instrument that has been normed and validated on the department's inmate population by a recognized expert in such matters. The assessment instrument shall be administered by persons skilled in the treatment of drug and alcohol addiction and trained to conduct assessments. The assessments shall be reviewed and approved by a supervisor with at least three years of experience providing drug and alcohol counseling services.
(1) (Deleted by amendment).
(2) (Deleted by amendment).
(c) Placement in the State drug treatment program.--If the department in its discretion believes an eligible person would benefit from the State drug treatment program and placement in the program is appropriate, the department shall make the placement and notify the court, the eligible person, the commission and the attorney for the Commonwealth of the placement.
(d) Prerequisites for commitment.--(Deleted by amendment).
(e) Resentencing.--(Deleted by amendment).
(f) Consecutive probation.--Nothing in this chapter shall prohibit the court from sentencing an eligible person to a consecutive period of probation. The total duration of the sentence may not exceed the maximum term for which the eligible person could otherwise be sentenced.
(g) Applicability and program limitations.--(Deleted by amendment).
(h) Videoconferencing.--(Deleted by amendment).
(i) Victims.--(Deleted by amendment).
(j) Definitions.--(Deleted by amendment).
(July 5, 2012, P.L.1050, No.122, eff. 60 days; Dec. 18, 2019, P.L.776, No.115, eff. 60 days)
Cross References. Section 4104 is referred to in section 4105 of this title.
§ 4105. State drug treatment program.
(a) Establishment.--The department shall establish and administer the State drug treatment program. The program shall be designed to address the individually assessed drug and alcohol abuse and addiction needs of a participant and shall address other issues essential to the participant's successful reintegration into the community, including, but not limited to, educational and employment issues.
(b) Duration and components.--Notwithstanding any credit to which the defendant may be entitled under 42 Pa.C.S. § 9760 (relating to credit for time served), the duration of the State drug treatment program is 24 months, but if the participant is unable to complete the program within 24 months and is otherwise compliant with the program, subject to the discretion of the department, the program duration may be extended up to 30 months total in order for the participant to successfully complete the program. The program shall include the following:
(1) A period in a State correctional institution of not less than seven months. This period shall include:
(i) The time during which the eligible person is being evaluated by the department under section 4104(b) (relating to selection for the State drug treatment program).
(ii) Following evaluation under subparagraph (i), not less than four months shall be in an institutional therapeutic community.
(2) A period of treatment in a community-based therapeutic community of at least two months.
(3) A period of at least six-months' treatment through an outpatient addiction treatment facility. During the outpatient addiction treatment period of the program, the participant may be housed in a community corrections center or group home or placed in an approved transitional residence. The participant must comply with any conditions established by the department regardless of where the participant resides during the outpatient addiction treatment portion of the program.
(4) A period of supervised reintegration into the community for the balance of the program, during which the participant shall continue to be supervised by the department and comply with any conditions imposed by the department.
(5) Upon certification by the department of the participant's successful completion of the program, the entire term of confinement that rendered the participant eligible to participate in the State drug treatment program shall be deemed to have been served.
(c) Program management.--
(1) Consistent with the minimum time requirements set forth in subsection (b), the department may transfer, at its discretion, a participant between a State correctional institution, an institutional therapeutic community, a community-based therapeutic community, an outpatient addiction treatment program and an approved transitional residence. The department may also transfer a participant back and forth between less restrictive and more restrictive settings based upon the participant's progress or regression in treatment or for medical, disciplinary or other administrative reasons.
(2) This subsection shall be construed to provide the department with the maximum flexibility to administer the State drug treatment program both as a whole and for individual participants.
(d) Right of refusal to admit.--The administrator of a community-based therapeutic community or outpatient addiction treatment facility may refuse to accept a participant whom the administrator deems to be inappropriate for admission and may immediately discharge to the custody of the department any participant who fails to comply with facility rules and treatment expectations or refuses to constructively engage in the treatment process.
(e) Notice to court of completion of program.--When the department determines that a participant has successfully completed the State drug treatment program, it shall notify the sentencing court, the attorney for the Commonwealth and the commission.
(f) Expulsion from program.--
(1) A participant may be expelled from the State drug treatment program at any time in accordance with guidelines established by the department, including failure to comply with administrative or disciplinary procedures or requirements set forth by the department. An expelled participant shall be housed in a State correctional institution to serve the remainder of the participant's sentence. The expelled participant shall be eligible for parole at the minimum sentence but may not be eligible for short sentence parole under section 6137.1 (relating to short sentence parole).
(1.1) A police officer commissioned under section 1 of the act of May 21, 1943 (P.L.469, No.210), entitled "An act providing for commissioning as police officers certain employes of institutions maintained in whole or in part by the Commonwealth; conferring upon them the powers of constables in certain cases; and imposing duties on wardens and keepers of jails, police stations and lock-ups," shall have the authority to issue a warrant for the return of a participant who is not in compliance with the terms of the drug offender treatment program to the custody of the department.
(2) The department shall promptly notify the court, the participant, the attorney for the Commonwealth and the commission of the expulsion of a participant from the State drug treatment program and the reason for such expulsion.
(3) (Deleted by amendment).
(Dec. 18, 2019, P.L.776, No.115, eff. 60 days)
Cross References. Section 4105 is referred to in sections 4103, 4104 of this title.
§ 4106. Written guidelines and regulations.
The department shall develop written guidelines for participant selection criteria and the establishment of drug offender treatment program selection committees within each diagnostic and classification center of the department and shall address suspensions and expulsions from the drug offender treatment program. The guidelines shall not be subject to the act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act, and shall be effective for a period of two years upon publication in the Pennsylvania Bulletin. The guidelines shall be replaced by regulations promulgated by the department consistent with the Regulatory Review Act within the two-year period during which the guidelines are effective. The regulations shall include a requirement that community-based therapeutic communities utilized in the drug offender treatment program be accredited as a therapeutic community for treatment of drug and alcohol abuse and addiction by the Commission on Accreditation of Rehabilitation Facilities or other nationally recognized accreditation organization for community-based therapeutic communities for drug and alcohol addiction treatment.
§ 4107. Evaluation.
(a) Final report.--(Deleted by amendment).
(b) Evaluation and report to General Assembly.--The department shall monitor and evaluate the State drug treatment program to ensure that the programmatic objectives are met. Every three years, the department shall present a report of its evaluation to the Judiciary Committee of the Senate and the Judiciary Committee of the House of Representatives no later than February 1. The report shall include:
(1) The number of persons evaluated for the State drug treatment program.
(2) The number of persons placed into the State drug treatment program.
(3) The number of persons sentenced to a State correctional institution who may have been eligible for the State drug treatment program.
(4) The number of persons successfully completing the State drug treatment program.
(5) The six-month, one-year, three-year and five-year recidivism rates for persons who have completed the State drug treatment program and for a comparison group of persons who were not placed in the State drug treatment program.
(6) Any changes the department believes will make the State drug treatment program more effective.
(Dec. 18, 2019, P.L.776, No.115, eff. 60 days)
§ 4108. Construction.
Notwithstanding any other provision of law to the contrary, this chapter shall not be construed to:
(1) Confer any legal right upon any individual, including an individual participating in the drug offender treatment program, to:
(i) participate in a drug offender treatment program;
(ii) continue participation in a drug offender treatment program;
(iii) modify the contents of the drug offender treatment program; or
(iv) file any cause of action in any court challenging the department's determination that a participant is to be suspended or expelled from or that a participant has successfully completed or failed to successfully complete treatment to be provided during any portion of a drug offender treatment program.
(2) Enlarge or limit the right of a participant to appeal the participant's sentence.
§ 4109. Evaluation (Repealed).
2010 Repeal. Section 4109 was repealed October 27, 2010, P.L.931, No.95, effective immediately.