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| PRIOR PRINTER'S NO. 85 | PRINTER'S NO. 1329 |
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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 AND BROWNE, JANUARY 12, 2011 |
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| SENATOR GREENLEAF, JUDICIARY, AS AMENDED, JUNE 14, 2011 |
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| AN ACT |
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1 | Amending Titles 42 (Judiciary and Judicial Procedure) and 61 |
2 | (Prisons and Parole) of the Pennsylvania Consolidated |
3 | Statutes, in Pennsylvania Commission on sentencing, further |
4 | providing for powers and duties and for publication of |
5 | guidelines; in sentences, further providing for sentences for |
6 | second and subsequent offenses, for sentencing generally and |
7 | for sentence of county intermediate punishment; providing for |
8 | court-imposed sanctions for offenders violating probation; |
9 | further providing for county intermediate punishment |
10 | programs; in visitation, further providing for general | <-- |
11 | provisions; in inmate prerelease plans, providing for time |
12 | eligibility for prerelease; in motivational boot camp, | <-- |
13 | further providing for definitions and for selection of inmate |
14 | participants; in State intermediate punishment, further |
15 | providing for definitions and for referral to State |
16 | intermediate punishment program; in recidivism risk reduction |
17 | incentive, further providing for definitions; establishing |
18 | the Safe Community Reentry Program; and providing for the | <-- |
19 | powers and duties of the Pennsylvania Board of Probation and |
20 | Parole and the Department of Corrections; and making | <-- |
21 | appropriations. |
22 | The General Assembly of the Commonwealth of Pennsylvania |
23 | hereby enacts as follows: |
24 | Section 1. Sections 2153(a)(14) and (15), 2155, 9714(g) and |
25 | 9721(a.1) of Title 42 of the Pennsylvania Consolidated Statutes |
26 | are amended to read: |
27 | § 2153. Powers and duties. |
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1 | (a) General rule.--The commission, pursuant to rules and |
2 | regulations, shall have the power to: |
3 | * * * |
4 | (14) Establish a program to systematically monitor |
5 | compliance with the guidelines, with the risk assessment |
6 | instrument, with recommitment ranges and with mandatory |
7 | sentencing laws to document eligibility for and releases |
8 | pursuant to a county reentry plan, to document eligibility |
9 | for and imposition of recidivism risk reduction incentive |
10 | minimum sentences and to document all parole and reparole |
11 | decisions by the board and any other paroling authority by: |
12 | (i) Promulgating forms which document the |
13 | application of sentencing, resentencing and parole |
14 | guidelines, mandatory sentencing laws, risk assessment |
15 | instrument, releases pursuant to a county reentry plan, |
16 | recommitment ranges and recidivism risk reduction |
17 | incentive minimum sentences and collecting information on |
18 | all parole and reparole decisions by the board and any |
19 | other paroling authority. |
20 | (ii) Requiring the timely completion and electronic |
21 | submission of such forms to the commission. |
22 | (15) Prior to adoption of changes to guidelines for |
23 | sentencing, resentencing and parole, risk assessment |
24 | instrument and recommitment ranges following revocation, use |
25 | a correctional population simulation model to determine: |
26 | (i) Resources that are required under current |
27 | guidelines, risk assessment instrument and ranges. |
28 | (ii) Resources that would be required to carry out |
29 | any proposed changes to the guidelines, risk assessment |
30 | instrument and ranges. |
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1 | * * * |
2 | § 2155. Publication of guidelines for sentencing, resentencing |
3 | and parole, risk assessment instrument and |
4 | recommitment ranges following revocation. |
5 | (a) General rule.--The commission shall: |
6 | (1) Prior to adoption, publish in the Pennsylvania |
7 | Bulletin all proposed sentencing guidelines, resentencing |
8 | guidelines following revocation of probation, county |
9 | intermediate punishment and State intermediate punishment, |
10 | parole guidelines, risk assessment instrument and |
11 | recommitment ranges following revocation by the board of |
12 | paroles granted, and hold public hearings not earlier than 30 |
13 | days and not later than 60 days thereafter to afford an |
14 | opportunity for the following persons and organizations to |
15 | testify: |
16 | (i) Pennsylvania District Attorneys Association. |
17 | (ii) Chiefs of Police Associations. |
18 | (iii) Fraternal Order of Police. |
19 | (iv) Public Defenders Organization. |
20 | (v) Law school faculty members. |
21 | (vi) State Board of Probation and Parole. |
22 | (vii) Department of Corrections. |
23 | (viii) Pennsylvania Bar Association. |
24 | (ix) Pennsylvania Wardens Association. |
25 | (x) Pennsylvania Association on Probation, Parole |
26 | and Corrections. |
27 | (xi) Pennsylvania Conference of State Trial Judges. |
28 | (xii) Any other interested person or organization. |
29 | (2) Publish in the Pennsylvania Bulletin sentencing |
30 | guidelines, resentencing guidelines following revocation of |
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1 | probation, county intermediate punishment and State |
2 | intermediate punishment, parole guidelines, risk assessment |
3 | instrument and recommitment ranges following revocation by |
4 | the board of paroles granted as adopted by the commission. |
5 | (b) Rejection by General Assembly.--Subject to gubernatorial |
6 | review pursuant to section 9 of Article III of the Constitution |
7 | of Pennsylvania, the General Assembly may by concurrent |
8 | resolution reject in their entirety any guidelines, risk |
9 | assessment instrument or recommitment ranges adopted by the |
10 | commission within 90 days of their publication in the |
11 | Pennsylvania Bulletin pursuant to subsection (a)(2). |
12 | (c) Effective date.-- |
13 | (1) Sentencing guidelines, resentencing guidelines |
14 | following revocation of probation, county intermediate |
15 | punishment and State intermediate punishment, parole |
16 | guidelines, risk assessment instrument and recommitment |
17 | ranges following revocation by the board of paroles granted, |
18 | adopted by the commission shall become effective 90 days |
19 | after publication in the Pennsylvania Bulletin pursuant to |
20 | subsection (a)(2) unless disapproved pursuant to subsection |
21 | (b) and shall apply to sentences and resentences and parole |
22 | decisions made after the effective date of the guidelines. |
23 | (2) If not disapproved, the [commissioners] commission |
24 | shall conduct training and orientation for trial court judges |
25 | and board members prior to the effective date of the |
26 | guidelines, risk assessment instrument and recommitment |
27 | ranges. |
28 | § 9714. Sentences for second and subsequent offenses. |
29 | * * * |
30 | (g) Definition.--As used in this section, the term "crime of |
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1 | violence" means murder of the third degree, voluntary |
2 | manslaughter, manslaughter of a law enforcement officer as |
3 | defined in 18 Pa.C.S. § 2507(c) or (d) (relating to criminal |
4 | homicide of law enforcement officer), murder of the third degree |
5 | involving an unborn child as defined in 18 Pa.C.S. § 2604(c) |
6 | (relating to murder of unborn child), aggravated assault of an |
7 | unborn child as defined in 18 Pa.C.S. § 2606 (relating to |
8 | aggravated assault of unborn child), aggravated assault as |
9 | defined in 18 Pa.C.S. § 2702(a)(1) or (2) (relating to |
10 | aggravated assault), assault of law enforcement officer as |
11 | defined in 18 Pa.C.S. § 2702.1 (relating to assault of law |
12 | enforcement officer), use of weapons of mass destruction as |
13 | defined in 18 Pa.C.S. § 2716(b) (relating to weapons of mass |
14 | destruction), terrorism as defined in 18 Pa.C.S. § 2717(b)(2) |
15 | (relating to terrorism), trafficking of persons when the offense |
16 | is graded as a felony of the first degree as provided in 18 |
17 | Pa.C.S. § 3002 (relating to trafficking of persons), rape, |
18 | involuntary deviate sexual intercourse, aggravated indecent |
19 | assault, incest, sexual assault, arson as defined in 18 Pa.C.S. |
20 | § 3301(a) (relating to arson and related offenses), ecoterrorism |
21 | as defined in 18 Pa.C.S. § 3311(b)(2) (relating to |
22 | ecoterrorism), kidnapping, burglary of a structure adapted for |
23 | overnight accommodation in which at the time of the offense any |
24 | person is present, robbery as defined in 18 Pa.C.S. § 3701(a)(1) |
25 | (i), (ii) or (iii) (relating to robbery), or robbery of a motor |
26 | vehicle, or criminal attempt, criminal conspiracy or criminal |
27 | solicitation to commit murder or any of the offenses listed |
28 | above, or an equivalent crime under the laws of this |
29 | Commonwealth in effect at the time of the commission of that |
30 | offense or an equivalent crime in another jurisdiction. |
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1 | § 9721. Sentencing generally. |
2 | * * * |
3 | (a.1) Exception.-- |
4 | (1) Unless specifically authorized under section 9763 |
5 | (relating to a sentence of county intermediate punishment) or |
6 | Chapter 99 (relating to State intermediate punishment), |
7 | subsection (a) shall not apply where a mandatory minimum |
8 | sentence is otherwise provided by law. |
9 | (2) An eligible offender may be sentenced to State |
10 | intermediate punishment pursuant to subsection (a)(7) and as |
11 | described in Chapter 99 or to State motivational boot camp as |
12 | described in 61 Pa.C.S. Ch. 39 (relating to motivational boot |
13 | camp), even if a mandatory minimum sentence would otherwise |
14 | be provided by law. |
15 | (3) An eligible offender may be sentenced to total |
16 | confinement pursuant to subsection (a)(4) and a recidivism |
17 | risk reduction incentive minimum sentence pursuant to section |
18 | 9756(b.1) (relating to sentence of total confinement), even |
19 | if a mandatory minimum sentence would otherwise be provided |
20 | by law. |
21 | * * * |
22 | Section 2. Section 9763(c) heading of Title 42 is amended |
23 | and the section is amended by adding a subsection to read: |
24 | § 9763. Sentence of county intermediate punishment. |
25 | * * * |
26 | (c) Restriction for certain Vehicle Code violations.-- |
27 | * * * |
28 | (c.1) Restriction for drug trafficking.-- |
29 | (1) Any person receiving a penalty imposed pursuant to |
30 | 18 Pa.C.S. § 7508 (relating to drug trafficking sentencing |
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1 | and penalties) where the sentence is imposed pursuant to 18 |
2 | Pa.C.S. § 7508(a)(1)(i), (2)(i), (3)(i), (4)(i) or (7)(i) may |
3 | only be sentenced to county intermediate punishment after |
4 | undergoing a diagnostic assessment of dependency on alcohol |
5 | or other drugs. |
6 | (2) If the defendant is determined to be in need of drug |
7 | and alcohol treatment, the defendant may only be sentenced to |
8 | county intermediate punishment which includes participation |
9 | in clinically prescribed drug and alcohol treatment combined |
10 | with one or more of the following programs: |
11 | (i) a residential inpatient program or a residential |
12 | rehabilitative center; |
13 | (ii) house arrest with electronic surveillance; or |
14 | (iii) a partial confinement program, including, but |
15 | not limited to, work release, work camp and halfway |
16 | facility. |
17 | (3) If the defendant is determined not to be in need of |
18 | drug and alcohol treatment, the defendant may only be |
19 | sentenced to county intermediate punishment in: |
20 | (i) house arrest with electronic surveillance; |
21 | (ii) a partial confinement program, including, but |
22 | not limited to, work release, work camp and halfway |
23 | facility; or |
24 | (iii) any combination of the programs specified in |
25 | this paragraph. |
26 | (4) Each day of participation in a restrictive |
27 | intermediate punishment program or combination of programs |
28 | shall be considered the equivalent of and satisfy one day of |
29 | total confinement required pursuant to 18 Pa.C.S. § 7508 |
30 | where the sentence is imposed pursuant to 18 Pa.C.S. § |
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1 | 7508(a)(1)(i), (2)(i), (3)(i), (4)(i) or (7)(i). |
2 | * * * |
3 | Section 3. Title 42 is amended by adding a section to read: |
4 | § 9771.1. Court-imposed sanctions for offenders violating |
5 | probation. |
6 | (a) Program.--Notwithstanding the provisions of section 9771 |
7 | (relating to modification or revocation of order of probation), |
8 | the court of common pleas of a judicial district may establish a |
9 | program to impose swift, predictable and immediate sanctions on |
10 | offenders who violate their probation. |
11 | (b) Coordination with other officials.--The court shall work |
12 | with probation administrators and officers, jail administrators, |
13 | prosecutors, public defenders and law enforcement in the |
14 | judicial district to develop and implement the program. |
15 | (c) Eligibility.-- |
16 | (1) The court shall determine which offenders are |
17 | eligible for and admitted into the program. The program shall |
18 | focus on, but not be limited to, offenders who have committed |
19 | drug-related crimes. |
20 | (2) An offender shall be ineligible for the program if |
21 | the offender was convicted of a crime of violence as defined |
22 | in section 9714 (relating to sentences for second and |
23 | subsequent offenses) or of a crime requiring registration |
24 | under section 9795.1 (relating to registration). |
25 | (d) Warning hearing.-- |
26 | (1) The court shall hold a warning hearing for each |
27 | participant in the program to clearly communicate program |
28 | expectations and consequences and to encourage the |
29 | participant's compliance and success. |
30 | (2) The court shall emphasize the expectations that the |
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1 | participant remain drug-free and comply with any treatment or |
2 | services ordered by the court as a condition of the |
3 | participant's probation. |
4 | (3) The court shall put the participant on notice that |
5 | each probation violation, including missed appointments and |
6 | positive drug tests, will result in jail time as provided for |
7 | under subsection (g). |
8 | (e) Drug testing.--The program shall require, when |
9 | applicable, randomized drug testing. |
10 | (f) Violation hearing.--If a participant commits a probation |
11 | violation, the participant shall promptly be arrested and a |
12 | hearing shall be held no later than two business days after the |
13 | arrest date. |
14 | (g) Sanctions.-- |
15 | (1) The court shall impose a term of imprisonment of up |
16 | to: |
17 | (i) three days for a first violation; |
18 | (ii) seven days for a second violation; |
19 | (iii) fourteen days for a third violation; and |
20 | (iv) twenty-one days for a fourth or subsequent |
21 | violation of probation. |
22 | (2) The court may allow the term of imprisonment to be |
23 | served on weekends or other nonwork days for employed |
24 | probationers who have committed a first or second violation. |
25 | (3) The court may increase the conditions of probation, |
26 | including additional substance abuse treatment for a |
27 | participant who has failed one or more drug tests. |
28 | (h) Exceptions.--If the participant is able to provide a |
29 | compelling reason for the probation violation, the court may |
30 | grant an exception to the sanctions authorized under subsection |
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1 | (g). |
2 | (i) Revocation of probation.-- |
3 | (1) After a third violation, the court may revoke the |
4 | order of probation. |
5 | (2) Upon revocation, the sentencing alternatives shall |
6 | be the same as were available at the time of initial |
7 | sentencing, due consideration being given to the time spent |
8 | serving the order of probation. |
9 | (j) Local rules.--The court may adopt local rules for the |
10 | administration of this program. The local rules may not be |
11 | inconsistent with this section or any rules adopted by the |
12 | Supreme Court. |
13 | Section 4. Section 9804(b) 9804(b)(1) of Title 42 is amended | <-- |
14 | and the subsection is amended by adding a paragraph to read: | <-- |
15 | § 9804. County intermediate punishment programs. |
16 | * * * |
17 | (b) Eligibility.-- |
18 | (1) (i) No person other than the eligible offender | <-- |
19 | shall be sentenced to a county intermediate punishment |
20 | program. |
21 | (ii) The prosecuting attorney, in the prosecuting |
22 | attorney's sole discretion, may advise the court that the |
23 | Commonwealth has elected to waive the eligibility |
24 | requirements of this chapter if the victim has been given |
25 | notice of the prosecuting attorney's intent to waive the |
26 | eligibility requirements and an opportunity to be heard |
27 | on the issue. |
28 | (iii) The court, after considering victim input, may |
29 | refuse to accept the prosecuting attorney's waiver of the |
30 | eligibility requirements. |
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1 | * * * |
2 | (6) (i) Any person receiving a penalty imposed pursuant |
3 | to 18 Pa.C.S. § 7508 (relating to drug trafficking |
4 | sentencing and penalties) where the sentence is imposed |
5 | pursuant to 18 Pa.C.S. § 7508(a)(1)(i), (2)(i), (3)(i), |
6 | (4)(i) or (7)(i) may only be sentenced to county |
7 | intermediate punishment after undergoing a diagnostic |
8 | assessment of dependency on alcohol or other drugs. |
9 | (ii) If the defendant is determined to be in need of |
10 | drug and alcohol treatment, the defendant may only be |
11 | sentenced to county intermediate punishment which |
12 | includes participation in clinically prescribed drug and |
13 | alcohol treatment combined with one or more of the |
14 | following programs: |
15 | (A) a residential inpatient program or a |
16 | residential rehabilitative center; |
17 | (B) house arrest with electronic surveillance; |
18 | or |
19 | (C) a partial confinement program, including, |
20 | but not limited to, work release, work camp and |
21 | halfway facility. |
22 | (iii) If the defendant is determined not to be in |
23 | need of drug and alcohol treatment, the defendant may |
24 | only be sentenced to county intermediate punishment in: |
25 | (A) house arrest with electronic surveillance; |
26 | (B) a partial confinement program, including, |
27 | but not limited to, work release, work camp and |
28 | halfway facility; or |
29 | (C) any combination of the programs specified in |
30 | this paragraph. |
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1 | (iv) Each day of participation in a restrictive |
2 | intermediate punishment program or combination of |
3 | programs shall be considered the equivalent of and |
4 | satisfy one day of total confinement required pursuant to |
5 | 18 Pa.C.S. § 7508 where the sentence is imposed pursuant |
6 | to 18 Pa.C.S. § 7508(a)(1)(i), (2)(i), (3)(i), (4)(i) or |
7 | (7)(i). |
8 | Section 5. Subchapter A heading of Chapter 35 of Title 61 is | <-- |
9 | amended to read: |
10 | SUBCHAPTER A |
11 | [GENERAL PROVISIONS] |
12 | (Reserved) |
13 | Section 6. Sections 3501, 3502 and 3503 of Title 61 are |
14 | amended to read: |
15 | § 3501. [Gubernatorial visitor for philanthropic purposes. |
16 | The Governor may appoint a person to visit, for philanthropic |
17 | purposes, correctional institutions. No expense shall be |
18 | incurred to the Commonwealth for the implementation of this |
19 | section.] (Reserved). |
20 | § 3502. [Official visitors. |
21 | (a) General rule.--Subject to the provisions of subsection |
22 | (b), the active or visiting committee of any society |
23 | incorporated for the purpose of visiting and instructing inmates |
24 | are hereby made official visitors of any correctional |
25 | institution, with the same powers, privileges and functions as |
26 | are vested in the official visitors of correctional institutions |
27 | as now prescribed by law. |
28 | (b) Notice required.--No active or visiting committee as |
29 | identified in subsection (a) may visit a correctional |
30 | institution under this section unless notice of the names of the |
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1 | members of the committee and the terms of their appointment are |
2 | given by the society, in writing, under its corporate seal, to |
3 | the chief administrator of the correctional institution.] |
4 | (Reserved). |
5 | § 3503. [Rights of official visitors. |
6 | (a) Visiting hours.--A person designated by law to be an |
7 | official visitor of a correctional institution may enter and |
8 | visit any correctional institution on any and every day, |
9 | including Sundays, between the hours of 9 a.m. and 5 p.m. and at |
10 | such other times with the special permission of the chief |
11 | administrator. |
12 | (b) Confirmation of role.--All powers, functions and |
13 | privileges granted to official visitors of correctional |
14 | institutions under prior law are hereby confirmed. No official |
15 | visitor shall have the right or power to give or deliver to an |
16 | inmate during such visit any chattel or object whatsoever, |
17 | except objects and articles of religious or moral instruction or |
18 | use. |
19 | (c) Effect of violation.-- |
20 | (1) If an official visitor violates any provision of |
21 | this section, a chief administrator may apply to the court of |
22 | common pleas in the county wherein the correctional |
23 | institution is situated for a rule upon the official visitor |
24 | to show cause why he should not be deprived of his office. |
25 | (2) Upon proof to the satisfaction of the court, the |
26 | court shall enter a decree against the official visitor |
27 | depriving him of all rights, privileges and functions of an |
28 | official visitor.] (Reserved). |
29 | Section 5 7. Title 61 is amended by adding a section to | <-- |
30 | read: |
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1 | § 3705. Time eligibility for prerelease. |
2 | (a) General rule.--To be time-eligible for placement in a |
3 | prerelease center, an inmate must: |
4 | (1) have completed at least one-half of the inmate's |
5 | minimum sentence; |
6 | (2) be within one year of completing the inmate's |
7 | minimum sentence; |
8 | (3) have no outstanding detainers; and |
9 | (4) satisfy the additional condition, as applicable, in |
10 | subsection (b). |
11 | (b) Additional condition.--If, at the time the inmate is |
12 | committed to the supervision of the department the inmate has: |
13 | (1) less than 12 months to serve until the inmate |
14 | completes the inmate's minimum sentence, the inmate must |
15 | serve at least three months in a State correctional |
16 | institution; |
17 | (2) at least 12 months to serve until the inmate |
18 | completes the inmate's minimum sentence but has less than 18 |
19 | months to serve until the inmate completes the inmate's |
20 | minimum sentence, the inmate must serve at least six months |
21 | in a State correction institution; or |
22 | (3) at least 18 months to serve until the inmate |
23 | completes the inmate's minimum sentence, the inmate must |
24 | serve at least nine months in a State correctional |
25 | institution. |
26 | (c) Exception.--Notwithstanding the provisions of |
27 | subsections (a) and (b), no inmate shall be eligible for |
28 | placement in a prerelease center prior to the completion of the |
29 | inmate's minimum sentence if the inmate is serving a term of |
30 | imprisonment for: |
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1 | (1) a crime of violence as defined in 42 Pa.C.S. §9714 |
2 | (relating to sentences for second and subsequent offenses); |
3 | or |
4 | (2) a crime requiring registration under 42 Pa.C.S. |
5 | §9795.1 (relating to registration). |
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] with a current |
28 | conviction or a prior conviction within the past ten years for |
29 | any of the following offenses: |
30 | 18 Pa.C.S. § 2502 (relating to murder). |
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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 9. Section 3904 of Title 61 is amended by adding a |
24 | subsection to read: |
25 | § 3904. Selection of inmate participants. |
26 | * * * |
27 | (d) Waiver of eligibility requirements.-- |
28 | (1) The prosecuting attorney, in the prosecuting |
29 | attorney's sole discretion, may advise the court that the |
30 | Commonwealth has elected to waive the eligibility |
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1 | requirements of this chapter if the victim has been given |
2 | notice of the prosecuting attorney's intent to waive the |
3 | eligibility requirements and an opportunity to be heard on |
4 | the issue. |
5 | (2) The court, after considering victim input, may |
6 | refuse to accept the prosecuting attorney's waiver of the |
7 | eligibility requirements. |
8 | Section 6 10. The definitions of "defendant" and "eligible | <-- |
9 | offender" in section 4103 of Title 61 are amended to read: |
10 | § 4103. Definitions. |
11 | The following words and phrases when used in this chapter |
12 | shall have the meanings given to them in this section unless the |
13 | context clearly indicates otherwise: |
14 | * * * |
15 | "Defendant." An individual charged with a drug-related |
16 | offense, including an individual convicted of violating section |
17 | 13(a)(14), (30) or (37) of the act of April 14, 1972 (P.L.233, |
18 | No.64), known as The Controlled Substance, Drug, Device and |
19 | Cosmetic Act, where the sentence was imposed pursuant 18 Pa.C.S. |
20 | § 7508(a)(1)(i), (2)(i), (3)(i), (4)(i) or (7)(i) (relating to |
21 | drug trafficking sentencing and penalties). |
22 | * * * |
23 | "Eligible offender." Subject to 42 Pa.C.S. § 9721(a.1) |
24 | (relating to sentencing generally), a defendant designated by |
25 | the sentencing court as a person convicted of a drug-related |
26 | offense who: |
27 | (1) Has undergone an assessment performed by the |
28 | Department of Corrections, which assessment has concluded |
29 | that the defendant is in need of drug and alcohol addiction |
30 | treatment and would benefit from commitment to a drug |
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1 | offender treatment program and that placement in a drug |
2 | offender treatment program would be appropriate. |
3 | (2) Does not demonstrate a history of present or past |
4 | violent behavior. |
5 | (3) Would be placed in the custody of the department if |
6 | not sentenced to State intermediate punishment. |
7 | (4) Provides written consent permitting release of |
8 | information pertaining to the defendant's participation in a |
9 | drug offender treatment program. |
10 | The term shall not include a defendant who is subject to a |
11 | sentence the calculation of which includes an enhancement for |
12 | the use of a deadly weapon, as defined pursuant to law or the |
13 | sentencing guidelines promulgated by the Pennsylvania Commission |
14 | on Sentencing, or a defendant [who has been convicted of a | <-- |
15 | [personal injury crime as defined in section 103 of the act of | <-- |
16 | November 24, 1998 (P.L.882, No.111), known as the Crime Victims |
17 | Act, or an attempt or conspiracy to commit such a crime or who |
18 | has been convicted of violating 18 Pa.C.S. § 4302 (relating to |
19 | incest), 5901] crime of violence as defined in 42 Pa.C.S. § | <-- |
20 | 9714(g) (relating to sentences for second and subsequent |
21 | offenses) or a violation of 18 Pa.C.S. § 5901 (relating to open |
22 | lewdness), 6312 (relating to sexual abuse of children), 6318 |
23 | (relating to unlawful contact with minor) or 6320 (relating to |
24 | sexual exploitation of children) or Ch. 76 Subch. C (relating to |
25 | Internet child pornography)] with a current conviction or a | <-- |
26 | prior conviction within the past ten years for any of the |
27 | following offenses: |
28 | 18 Pa.C.S. § 2502 (relating to murder). |
29 | 18 Pa.C.S. § 2503 (relating to voluntary manslaughter). |
30 | 18 Pa.C.S. § 2506 (relating to drug delivery resulting in |
|
1 | death). |
2 | 18 Pa.C.S. § 2901 (relating to kidnapping). |
3 | 18 Pa.C.S. § 3121 (relating to rape). |
4 | 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual |
5 | intercourse). |
6 | 18 Pa.C.S. § 3124.1 (relating to sexual assault). |
7 | 18 Pa.C.S. § 3125 (relating to aggravated indecent |
8 | assault). |
9 | 18 Pa.C.S. § 3301(a)(1)(i) (relating to arson and related |
10 | offenses). |
11 | 18 Pa.C.S. § 3502 (relating to burglary), in the case of |
12 | burglary of a structure adapted for overnight accommodation |
13 | in which at the time of the offense any person is present. |
14 | 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to |
15 | robbery). |
16 | 18 Pa.C.S. § 3702 (relating to robbery of motor vehicle). |
17 | 18 Pa.C.S. § 7508 (a)(1)(iii), (2)(iii), (3)(iii) or (4) |
18 | (iii) (relating to drug trafficking sentencing and |
19 | penalties). |
20 | * * * |
21 | Section 7. Section 4104(a)(1), (d) and (e) of Title 61 are | <-- |
22 | amended to read: |
23 | Section 11. Section 4104(a) of Title 61 is amended by adding | <-- |
24 | a paragraph to read: |
25 | § 4104. Referral to State intermediate punishment program. |
26 | (a) Referral for evaluation.-- |
27 | (1) Prior to imposing a sentence, the court may[, upon | <-- |
28 | motion of the Commonwealth and agreement of the defendant,] |
29 | commit a defendant to the custody of the department for the |
30 | purpose of evaluating whether the defendant would benefit |
|
1 | from a drug offender treatment program and whether placement |
2 | in the drug offender treatment program is appropriate. |
3 | * * * |
4 | (d) Prerequisites for commitment.--Upon receipt of a |
5 | recommendation for placement in a drug offender treatment |
6 | program from the department [and agreement of the attorney for |
7 | the Commonwealth and the defendant], the court may sentence an |
8 | eligible offender to a period of 24 months of State intermediate |
9 | punishment if the court finds that: |
10 | (1) The eligible offender is likely to benefit from |
11 | State intermediate punishment. |
12 | (2) Public safety would be enhanced by the eligible |
13 | offender's participation in State intermediate punishment. |
14 | (3) Sentencing the eligible offender to State |
15 | intermediate punishment would not depreciate the seriousness |
16 | of the offense. |
17 | (e) Resentencing.--The department may make a written request |
18 | to the sentencing court that an offender who is otherwise |
19 | eligible but has not been referred for evaluation or originally |
20 | sentenced to State intermediate punishment be sentenced to State |
21 | intermediate punishment. The court may resentence the offender |
22 | to State intermediate punishment if all of the following apply: |
23 | (1) The department has recommended placement in a drug |
24 | offender treatment program. |
25 | [(2) The attorney for the Commonwealth and the offender |
26 | have agreed to the placement and modification of sentence.] |
27 | (3) The court makes the findings set forth under |
28 | subsection (d). |
29 | (4) The resentencing has occurred within 365 days of the |
30 | date of the defendant's admission to the custody of the |
|
1 | department. |
2 | (5) The court has otherwise complied with all other |
3 | requirements for the imposition of sentence including victim |
4 | notification under the act of November 24, 1998 (P.L.882, |
5 | No.111), known as the Crime Victims Act. |
6 | * * * |
7 | * * * | <-- |
8 | (1.1) (i) The prosecuting attorney, in the prosecuting |
9 | attorney's sole discretion, may advise the court that the |
10 | Commonwealth has elected to waive the eligibility |
11 | requirements of this chapter, if the victim has been |
12 | given notice of the prosecuting attorney's intent to |
13 | waive the eligibility requirements and an opportunity to |
14 | be heard on the issue. |
15 | (ii) The court, after considering victim input, may |
16 | refuse to accept the prosecuting attorney's waiver of the |
17 | eligibility requirements. |
18 | * * * |
19 | Section 8 12. The definition of "eligible offender" in | <-- |
20 | section 4503 of Title 61 is amended to read: |
21 | § 4503. Definitions. |
22 | The following words and phrases when used in this chapter |
23 | shall have the meanings given to them in this section unless the |
24 | context clearly indicates otherwise: |
25 | * * * |
26 | "Eligible offender." A defendant or inmate convicted of a |
27 | criminal offense who will be committed to the custody of the |
28 | department and who meets all of the following eligibility |
29 | requirements: |
30 | (1) Does not demonstrate a history of present or past |
|
1 | violent behavior. |
2 | (2) Has not been subject to a sentence the calculation |
3 | of which includes an enhancement for the use of a deadly |
4 | weapon as defined under law or the sentencing guidelines |
5 | promulgated by the Pennsylvania Commission on Sentencing or |
6 | the attorney for the Commonwealth has not demonstrated that |
7 | the defendant has been found guilty of or was convicted of an |
8 | offense involving a deadly weapon or offense under 18 Pa.C.S. |
9 | Ch. 61 (relating to firearms and other dangerous articles) or |
10 | the equivalent offense under the laws of the United States or |
11 | one of its territories or possessions, another state, the |
12 | District of Columbia, the Commonwealth of Puerto Rico or a |
13 | foreign nation. |
14 | (3) Has not been found guilty of or previously convicted |
15 | of or adjudicated delinquent for or an attempt or conspiracy |
16 | to commit a [personal injury crime as defined under section |
17 | 103 of the act of November 24, 1998 (P.L.882, No.111), known |
18 | as the Crime Victims Act] crime of violence as defined in 42 |
19 | Pa.C.S. § 9714(g) (relating to sentences for second and |
20 | subsequent offenses), or an equivalent offense under the laws |
21 | of the United States or one of its territories or |
22 | possessions, another state, the District of Columbia, the |
23 | Commonwealth of Puerto Rico or a foreign nation. |
24 | (4) Has not been found guilty or previously convicted or |
25 | adjudicated delinquent for violating any of the following |
26 | provisions or an equivalent offense under the laws of the |
27 | United States or one of its territories or possessions, |
28 | another state, the District of Columbia, the Commonwealth of |
29 | Puerto Rico or a foreign nation: |
30 | [18 Pa.C.S. § 4302 (relating to incest).] |
|
1 | 18 Pa.C.S. § 5901 (relating to open lewdness). |
2 | 18 Pa.C.S. § 6312 (relating to sexual abuse of |
3 | children). |
4 | 18 Pa.C.S. § 6318 (relating to unlawful contact with |
5 | minor). |
6 | 18 Pa.C.S. § 6320 (relating to sexual exploitation of |
7 | children). |
8 | 18 Pa.C.S. Ch. 76 Subch. C (relating to Internet |
9 | child pornography). |
10 | Received a criminal sentence pursuant to 42 Pa.C.S. § |
11 | 9712.1 (relating to sentences for certain drug offenses |
12 | committed with firearms). |
13 | Any offense listed under 42 Pa.C.S. § 9795.1 |
14 | (relating to registration). |
15 | (5) Is not awaiting trial or sentencing for additional |
16 | criminal charges, if a conviction or sentence on the |
17 | additional charges would cause the defendant to become |
18 | ineligible under this definition. |
19 | (6) Has not been found guilty or previously convicted of |
20 | violating section 13(a)(14), (30) or (37) of the act of April |
21 | 14, 1972 (P.L.233, No.64), known as The Controlled Substance, |
22 | Drug, Device and Cosmetic Act, where the sentence was imposed |
23 | pursuant to 18 Pa.C.S. § 7508(a)(1)(iii), (2)(iii), (3)(iii), |
24 | (4)(iii), (7)(iii) or (8)(iii) (relating to drug trafficking |
25 | sentencing and penalties). |
26 | * * * |
27 | Section 9 13. Title 61 is amended by adding a chapter to | <-- |
28 | read: |
29 | CHAPTER 49 |
30 | SAFE COMMUNITY REENTRY |
|
1 | Sec. |
2 | 4901. Scope of chapter. |
3 | 4902. Definitions. |
4 | 4903. Safe Community Reentry Program. |
5 | 4904. Contract for services. |
6 | 4905. Rules and regulations. |
7 | 4906. Study and report. |
8 | § 4901. Scope of chapter. |
9 | This chapter relates to the Safe Community Reentry Program. |
10 | § 4902. Definitions. |
11 | The following words and phrases when used in this chapter |
12 | shall have the meanings given to them in this section unless the |
13 | context clearly indicates otherwise: |
14 | "Community-based programs." Programs which are administered |
15 | and operated outside of a correctional institution. |
16 | "Community organization." A community, faith-based or other |
17 | private charitable organization which is organized as a |
18 | nonprofit corporation or nonprofit unincorporated association |
19 | under the laws of the United States or this Commonwealth which |
20 | is authorized to do business in this Commonwealth as a nonprofit |
21 | corporation or unincorporated association under the laws of this |
22 | Commonwealth. |
23 | "Institutional-based programs." Programs which are |
24 | administered and operated within a correctional institution. |
25 | "Offender." An inmate in a correctional institution or a |
26 | person released from incarceration. |
27 | "Program." The Safe Community Reentry Program established in |
28 | this chapter. |
29 | § 4903. Safe Community Reentry Program. |
30 | (a) Program established.--The department, in cooperation and |
|
1 | coordination with the board, shall establish a comprehensive |
2 | program to reduce recidivism and ensure the successful reentry |
3 | of offenders into the community. The program shall provide |
4 | offenders with access to a full continuum of services during |
5 | incarceration and upon release during their transition and |
6 | reintegration into the community. |
7 | (b) Assessment and plan.-- |
8 | (1) The department shall assess each offender entering |
9 | into the State correctional system to determine which |
10 | treatment services, programs and skills the offender needs to |
11 | develop to be successful in the community following the |
12 | offender's release. |
13 | (2) The department shall assist each offender in |
14 | developing a reentry plan for the offender. The reentry plan |
15 | shall include the offender's educational, employment, housing |
16 | and treatment needs as appropriate and necessary to encourage |
17 | the successful transition and reintegration of the offender |
18 | into the community. |
19 | (3) The department shall coordinate the specifics of the |
20 | offender's reentry plan with the educational, vocational |
21 | training and treatment services that will be provided to the |
22 | offender during the offender's incarceration. |
23 | (c) Transition and reintegration programs.--The department |
24 | shall identify a comprehensive network of transition and |
25 | reintegration programs to address the needs of offenders |
26 | released from incarceration. |
27 | (d) Community organizations.-- |
28 | (1) The department and the board shall use community |
29 | organizations to assist the department and the board in |
30 | meeting the needs of offenders reentering the community. |
|
1 | (2) The department and the board shall develop and |
2 | maintain a list of community organizations available to |
3 | provide services. |
4 | (3) Community organizations may provide services |
5 | including education, vocational training, follow-up treatment |
6 | services, support with finding housing and employment and may |
7 | help with family issues and other elements of life after |
8 | incarceration. |
9 | (4) The department and the board may refer offenders to |
10 | community organizations on the list. |
11 | (e) Sharing of information.-- |
12 | (1) The department and the board may share information |
13 | about offenders with the entities the department and the |
14 | board contract with under section 4704 (relating to contract |
15 | for services) and other agencies and providers of services as |
16 | necessary to adequately assess and address the needs of each |
17 | offender. |
18 | (2) This subsection shall not apply to the disclosure of |
19 | an offender's personal health information unless the offender |
20 | consents to the disclosure. |
21 | (3) This subsection shall not be construed to permit |
22 | disclosure of personal health information if the disclosure |
23 | violates the Health Insurance Portability and Accountability |
24 | Act of 1996 (Public Law 104-191, 110 Stat. 1936) or other |
25 | Federal or State law. |
26 | § 4904. Contract for services. |
27 | (a) Duty of department and board.--As part of the program, |
28 | the department and the board may contract with private vendors, |
29 | including community organizations, units of local government and |
30 | other entities to provide for reintegration and transitional |
|
1 | programs and services, which may include institutional-based and |
2 | community-based programs. The programs and services provided |
3 | under these contracts may include: |
4 | (1) Assisting in the development of each offender's |
5 | reentry plan. |
6 | (2) Coordinating the supervision and services provided |
7 | to offenders in correctional institutions with any |
8 | supervision and services provided to offenders who have been |
9 | released from incarceration. |
10 | (3) Providing offenders awaiting release with documents |
11 | that are necessary after release, including identification |
12 | papers, referrals to services, medical prescriptions, job |
13 | training certificates, apprenticeship papers, information on |
14 | obtaining public assistance and other documents useful in |
15 | achieving a successful transition from a correctional |
16 | institution to the community. |
17 | (4) Involving county agencies whose programs and |
18 | initiatives strengthen inmate reentry services for offenders |
19 | who have been returned to the county of their jurisdiction. |
20 | (5) Providing structured programs, post-release housing |
21 | and transitional housing, including group homes for |
22 | recovering substance abusers, through which offenders are |
23 | provided supervision and services immediately following |
24 | reentry into the community. |
25 | (6) Assisting offenders in securing permanent housing |
26 | upon release or following a stay in post-release or |
27 | transitional housing. |
28 | (7) Continuing to link offenders with health resources |
29 | for health services that were provided to them when they were |
30 | under the jurisdiction of the department, including mental |
|
1 | health, substance abuse treatment, aftercare and treatment |
2 | services for contagious diseases. |
3 | (8) Providing education, job training, English as a |
4 | second language programs, work experience programs, self- |
5 | respect and life skills training and other skills needed to |
6 | achieve self-sufficiency for a successful transition from |
7 | incarceration. |
8 | (9) Facilitating collaboration among corrections |
9 | administrators, technical schools, community colleges and the |
10 | work force development and employment service sectors so that |
11 | there are efforts to: |
12 | (i) Promote, where appropriate, the employment of |
13 | offenders released from correctional institutions and |
14 | facilitate the creation of job opportunities, including |
15 | transitional jobs, for such offenders that will also |
16 | benefit communities. |
17 | (ii) Connect offenders to employment, including |
18 | supportive employment and employment services, before |
19 | their release from correctional institutions. |
20 | (iii) Address barriers to employment, including |
21 | obtaining a driver's license. |
22 | (10) Assessing the literacy and educational needs of |
23 | offenders and providing appropriate services to meet those |
24 | needs, including follow-up assessments and long-term |
25 | services. |
26 | (11) Addressing systems under which family members of |
27 | offenders are involved with facilitating the successful |
28 | reentry of those offenders into the community, including |
29 | removing obstacles to the maintenance of family relationships |
30 | while the offender is in custody, strengthening the family's |
|
1 | capacity to establish and maintain a stable living situation |
2 | during the reentry process where appropriate and involving |
3 | family members in the planning and implementation of the |
4 | reentry process. |
5 | (12) Facilitating visitation and maintenance of family |
6 | relationships with respect to offenders by addressing |
7 | obstacles such as travel, telephone costs, mail restrictions |
8 | and restrictive visitation policies. |
9 | (13) Addressing barriers to the visitation of children |
10 | with an incarcerated parent and maintenance of the parent- |
11 | child relationship, including, but not limited to, the |
12 | location of facilities in remote areas, telephone costs, mail |
13 | restrictions and visitation policies. |
14 | (14) Creating mentoring programs designed to assist |
15 | offenders in changing the offenders' pattern of behavior so |
16 | that the offenders will not revictimize their victims or have |
17 | new victims. Mentoring may occur inside the correctional |
18 | institution and in the community once the offender is |
19 | released. The mentor shall: |
20 | (i) Act as a role model for the offender. |
21 | (ii) Foster a caring and supportive relationship by |
22 | creating an independence from and not a dependence upon |
23 | the mentor or the system as a whole. |
24 | (iii) Encourage positive self-concept. |
25 | (iv) Teach and aid in goal setting. |
26 | (v) Support other positive relationships within the |
27 | community. |
28 | (vi) Assist in linking the offender to community- |
29 | based services. |
30 | (vii) Promote appropriate, positive family |
|
1 | relationships. |
2 | (viii) Help develop personal accountability and |
3 | personal responsibility. |
4 | (15) Facilitating and encouraging timely and complete |
5 | payment of restitution and fines by offenders to victims and |
6 | the community. |
7 | (b) Accountability.--To ensure accountability, any contract |
8 | entered under this section shall contain specific performance |
9 | measures that the department and the board shall use to evaluate |
10 | compliance with the terms of the contract. |
11 | § 4905. Rules and regulations. |
12 | The department and board may promulgate rules and regulations |
13 | as deemed necessary to implement this chapter. |
14 | § 4906. Study and report. |
15 | (a) Study.--The department shall conduct and coordinate |
16 | research to determine whether the program established under |
17 | section 4903 (relating to Safe Community Reentry Program) |
18 | reduces recidivism rates. |
19 | (b) Report.--Not later than February 1 of each even-numbered |
20 | year, the department shall present a report of the research |
21 | conducted or coordinated under subsection (a) to the Judiciary |
22 | Committee of the Senate and the Judiciary Committee of the House |
23 | of Representatives. The report shall evaluate the program and, |
24 | if appropriate, make recommendations for legislation. |
25 | Section 10. The sums set forth in this section, or as much | <-- |
26 | thereof as may be necessary, are hereby specifically |
27 | appropriated from the General Fund to the several hereinafter |
28 | named agencies of the Executive Department, Legislative |
29 | Department and Judicial Department of the Commonwealth for the |
30 | fiscal year beginning July 1, 2011, and ending June 30, 2012: |
| 1 2 3 | (1) The following amounts are appropriated to the Pennsylvania Commission on Crime and Delinquency: | | 4 5 6 | For payments for grants-in-aid to counties for providing intermediate punishment programs. | | 7 | State appropriation............. | 7,000,000 | 8 9 10 | For intermediate punishment grants for drug and alcohol treatment. | | 11 | State appropriation............. | 43,000,000 | 12 13 14 | (2) The following amount is appropriated to the Pennsylvania Board of Probation and Parole: | | 15 | For parole and reentry services. | | 16 | State appropriation............. | 15,000,000 | 17 18 19 | (3) The following amount is appropriated to the Pennsylvania Commission on Sentencing: | |
|
20 21 | For the Pennsylvania Commission on Sentencing. | | 22 | State appropriation............. | 2,300,000 | 23 24 25 | (4) The following amount is appropriated to the Administrative Office of Pennsylvania Courts: | |
|
26 27 28 | For reimbursement grants for problem-solving courts in counties for start-up costs. | | 29 | State appropriation............. | 2,000,000 |
|
30 | Section 11. This act shall take effect as follows: | <-- |
|
1 | (1) Section 10 of this act shall take effect July 1, |
2 | 2011, or immediately, whichever is later. |
3 | (2) This section shall take effect immediately. |
4 | (3) The remainder of this act shall take effect in 60 |
5 | days. |
6 | Section 14. This act shall take effect in 60 days. | <-- |
|