75c3815s

§ 3815.  Mandatory sentencing.

(a)  County supervision.--Notwithstanding the length of any maximum term of imprisonment imposed pursuant to sections 3803 (relating to grading) and 3804 (relating to penalties), and notwithstanding the provisions of section 17 of the act of August 6, 1941 (P.L.861, No.323), referred to as the Pennsylvania Board of Probation and Parole Law, the sentencing judge may grant parole under the supervision of the county parole system to any offender serving a sentence for a violation of section 3802 (relating to driving under influence of alcohol or controlled substance) and, if applicable, serving any concurrent sentence of imprisonment for any misdemeanor offense arising from the same criminal episode as the violation of section 3802. The power of the sentencing judge to grant parole shall apply only to those offenders whose sentences are being served in a county prison pursuant to 42 Pa.C.S. § 9762 (relating to sentencing proceeding; place of confinement) or section 3804(d). The sentencing judge shall declare his intention to retain parole authority and supervision at the time of sentencing in cases in which he would not otherwise have parole authority and supervision.

(b)  Parole.--

(1)  An offender who is determined pursuant to section 3814 (relating to drug and alcohol assessments) to be in need of drug and alcohol treatment shall be eligible for parole in accordance with the terms and conditions prescribed in this section following the expiration of the offender's mandatory minimum term of imprisonment.

(2)  The following shall be conditions of parole:

(i)  If the offender is not determined under the procedures set forth in section 3814 to be addicted to alcohol or another substance, the offender must refrain from:

(A)  the use of illegal controlled substances; and

(B)  the abuse of prescription drugs, over-the-counter drugs or any other substances.

(ii)  If the offender is determined under the procedures set forth in section 3814 to be addicted to alcohol or another substance, the offender must do all of the following:

(A)  Refrain from:

(I)  the use of alcohol or illegal controlled substances; and

(II)  the abuse of prescription drugs, over-the-counter drugs or any other substances.

(B)  Participate in and cooperate with drug and alcohol addiction treatment under subsection (c).

(c)  Treatment.--

(1)  Treatment must conform to assessment recommendations made under section 3814.

(2)  Treatment must be conducted by a drug and alcohol addiction treatment program licensed by the Department of Health.

(3)  The treatment program shall report periodically to the assigned parole officer on the offender's progress in the treatment program. The treatment program shall promptly notify the parole officer if the offender:

(i)  fails to comply with program rules and treatment expectations;

(ii)  refuses to constructively engage in the treatment process; or

(iii)  without authorization terminates participation in the treatment program.

(4)  Upon notification under paragraph (3), the parole officer shall report the offender's actions to the parole authority and to the department for compliance with section 1553(e) (relating to occupational limited license). The parole authority shall schedule a revocation hearing to consider recommendations of the parole officer and the treatment program.

(5)  Nothing in this subsection shall prevent a treatment program from refusing to accept an offender if the program administrator deems the offender to be inappropriate for admission to the program. A treatment program shall retain the right to immediately discharge into the custody of the assigned parole officer an offender who fails to comply with program rules and treatment expectations or refuses to constructively engage in the treatment process.

(d)  Enforcement.--

(1)  This subsection applies to an offender ordered to participate in a treatment program under subsection (b)(2)(ii) who:

(i)  fails to comply with program rules and treatment expectations;

(ii)  refuses to constructively engage in the treatment process; or

(iii)  terminates participation in the treatment program without authorization.

(2)  Notwithstanding any other provision of law, all of the following apply to an offender under paragraph (1):

(i)  The offender's parole, prerelease, work release or any other release status shall be revoked.

(ii)  The offender shall be ineligible for parole, prerelease, work release or any other release from the correctional facility prior to the expiration of the offender's maximum term unless the offender is permitted to be readmitted to a treatment program.

(3)  Nothing in this subsection shall be construed to grant a legal right to parole to an offender previously ineligible for parole, on the grounds that the offender is currently prepared to participate in, comply with and constructively engage in the treatment process. Under such circumstances, parole or reparole of the offender shall be at the parole authority's discretion.

(e)  Follow-up.--After an offender has completed the treatment program under subsection (c), the parole officer shall take reasonable steps to ensure that the offender does not abuse alcohol, use illegal controlled substances or abuse prescription drugs, over-the-counter drugs or any other such substances. These reasonable steps include requiring chemical testing and periodic reassessment of the offender by the treatment program.

(f)  Fees.--

(1)  Except as set forth in paragraph (2), the parole authority shall impose upon an offender subject to this section reasonable fees to cover the cost of any of the following:

(i)  Chemical testing of the offender required under this section.

(ii)  An assessment of the offender required under this section.

(iii)  Drug or alcohol treatment provided in accordance with the assessment.

(2)  If the parole authority finds the offender to be unable to pay the full amount of the fees required by paragraph (1) and section 1541(d) (relating to period of disqualification, revocation or suspension of operating privilege), it shall require the offender to pay as much of the fee as is consistent with the offender's ability to pay and shall direct the assigned parole officer to establish a reasonable payment schedule for the offender to pay as much of the remaining fees as is consistent with the offender's ability to pay.

(g)  Insurance.--

(1)  This subsection shall only apply to a health insurance, health maintenance organization or other health plan required to provide benefits under section 602-A of the act of May 17, 1921 (P.L.682, No.284), known as The Insurance Company Law of 1921.

(2)  If an individual who is insured by a health insurance, a health maintenance organization or other health plan, that is doing business in this Commonwealth, the individual may not be deprived of alcohol and other drug abuse and addiction treatment or coverage within the scope of that plan due to the identification of an alcohol or other drug problem which occurs as a result of an assessment under this section.

(h)  Additional funding.--In order to support and augment the diagnostic assessment and treatment services provided under this section, the Department of Health, the department and the Pennsylvania Commission on Crime and Delinquency shall seek all available Federal funding, including funds available through the United States National Highway Traffic Safety Administration and the Department of Health and Human Services.

75c3815v

(Nov. 29, 2004, P.L.1369, No.177, eff. imd.)

 

2004 Amendment.  Act 177 amended subsec. (a).

Special Provisions in Appendix.  See section 18 of Act 24 of 2003 in the appendix to this title for special provisions relating to applicability of sections 3814 and 3815.

References in Text.  Section 17 of the act of August 6, 1941 (P.L.861, No.323), referred to as the Pennsylvania Board of Probation and Parole Law, referred to in subsec. (a), was repealed by the act of August 11, 2009 (P.L.494, No.49). The subject matter is now contained in Part IV of Title 61 (Prisons and Parole).

Cross References.  Section 3815 is referred to in sections 1553, 1556, 3804, 3816, 3817 of this title; sections 9763, 9804 of Title 42 (Judiciary and Judicial Procedure).