THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY GREENLEAF, TARTAGLIONE, ERICKSON, M. WHITE, BRUBAKER, EARLL, FERLO, WOZNIAK, YUDICHAK, BROWNE AND BLAKE, JANUARY 12, 2011

AS AMENDED ON THIRD CONSIDERATION, OCTOBER 17, 2011   

AN ACT

Amending Titles 18 (Crimes and Offenses), 42 (Judiciary and

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Judicial Procedure) and 61 (Prisons and Parole) of the

Pennsylvania Consolidated Statutes, in burglary and other

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criminal intrusion, further providing for the offense of

burglary; in Pennsylvania Commission on sentencing, further

providing for powers and duties and for publication of

guidelines; in sentences, further providing for sentences for

second and subsequent offenses, for sentencing generally and

for sentence of county intermediate punishment; providing for

court-imposed sanctions for offenders violating probation;

further providing for county intermediate punishment

programs; in visitation, further providing for general

provisions; in inmate prerelease plans, providing for time

eligibility for prerelease; in motivational boot camp,

further providing for definitions and for selection of inmate

participants; in State intermediate punishment, further

providing for definitions and for referral to State

intermediate punishment program; in recidivism risk reduction

incentive, further providing for definitions; establishing

the Safe Community Reentry Program; and providing for the

powers and duties of the Pennsylvania Board of Probation and

Parole and the Department of Corrections.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 2153(a)(14) and (15), 2155, 9714(g) and

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9721(a.1) of Title 42 of the Pennsylvania Consolidated Statutes

are amended to read:

Section 1.  Section 3502 of Title 18 of the Pennsylvania

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Consolidated Statutes is amended to read:

§ 3502.  Burglary.

[(a)  Offense defined.--A person is guilty of burglary if he

enters a building or occupied structure, or separately secured

or occupied portion thereof, with intent to commit a crime

therein, unless the premises are at the time open to the public

or the actor is licensed or privileged to enter.

(b)  Defense.--It is a defense to prosecution for burglary

that the building or structure was abandoned.]

(a)  Offense defined.--A person commits the offense of

burglary if, with the intent to commit a crime therein, the

person:

(1)  enters a building or occupied structure, or

separately secured or occupied portion thereof that is

adapted for overnight accommodations in which at the time of

the offense any person is present;

(2)  enters a building or occupied structure, or

separately secured or occupied portion thereof that is

adapted for overnight accommodations in which at the time of

the offense no person is present;

(3)  enters a building or occupied structure, or

separately secured or occupied portion thereof that is not

adapted for overnight accommodations in which at the time of

the offense any person is present; or

(4)  enters a building or occupied structure, or

separately secured or occupied portion thereof that is not

adapted for overnight accommodations in which at the time of

the offense no person is present.

(b)  Defense.--It is a defense to prosecution for burglary if

any of the following exists at the time of the commission of the

offense:

(1)  The building or structure was abandoned.

(2)  The premises are open to the public.

(3)  The actor is licensed or privileged to enter.

(c)  Grading.--

(1)  Except as provided in paragraph (2), burglary is a

felony of the first degree.

(2)  [If the building, structure or portion entered is

not adapted for overnight accommodation and if no individual

is present at the time of entry, burglary is a felony of the

second degree.] An offense under subsection (a)(4) is a

felony of the second degree.

(d)  Multiple convictions.--A person may not be [convicted]

sentenced both for burglary and for the offense which it was his

intent to commit after the burglarious entry or for an attempt

to commit that offense, unless the additional offense

constitutes a felony of the first or second degree.

Section 1.1.  Sections 2153(a)(14) and (15) and 2155 of Title

42 are amended to read:

§ 2153.  Powers and duties.

(a)  General rule.--The commission, pursuant to rules and

regulations, shall have the power to:

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(14)  Establish a program to systematically monitor

compliance with the guidelines, with the risk assessment

instrument, with recommitment ranges and with mandatory

sentencing laws to document eligibility for and releases

pursuant to a county reentry plan, to document eligibility

for and imposition of recidivism risk reduction incentive

minimum sentences and to document all parole and reparole

decisions by the board and any other paroling authority by:

(i)  Promulgating forms which document the

application of sentencing, resentencing and parole

guidelines, mandatory sentencing laws, risk assessment

instrument, releases pursuant to a county reentry plan,

recommitment ranges and recidivism risk reduction

incentive minimum sentences and collecting information on

all parole and reparole decisions by the board and any

other paroling authority.

(ii)  Requiring the timely completion and electronic

submission of such forms to the commission.

(15)  Prior to adoption of changes to guidelines for

sentencing, resentencing and parole, risk assessment

instrument and recommitment ranges following revocation, use

a correctional population simulation model to determine:

(i)  Resources that are required under current

guidelines, risk assessment instrument and ranges.

(ii)  Resources that would be required to carry out

any proposed changes to the guidelines, risk assessment

instrument and ranges.

* * *

§ 2155.  Publication of guidelines for sentencing, resentencing

and parole, risk assessment instrument and 

recommitment ranges following revocation.

(a)  General rule.--The commission shall:

(1)  Prior to adoption, publish in the Pennsylvania

Bulletin all proposed sentencing guidelines, resentencing

guidelines following revocation of probation, county

intermediate punishment and State intermediate punishment,

parole guidelines, risk assessment instrument and

recommitment ranges following revocation by the board of

paroles granted, and hold public hearings not earlier than 30

days and not later than 60 days thereafter to afford an

opportunity for the following persons and organizations to

testify:

(i)  Pennsylvania District Attorneys Association.

(ii)  Chiefs of Police Associations.

(iii)  Fraternal Order of Police.

(iv)  Public Defenders Organization.

(v)  Law school faculty members.

(vi)  State Board of Probation and Parole.

(vii) Department of Corrections.

(viii)  Pennsylvania Bar Association.

(ix)  Pennsylvania Wardens Association.

(x)  Pennsylvania Association on Probation, Parole

and Corrections.

(xi)  Pennsylvania Conference of State Trial Judges.

(xii)  Any other interested person or organization.

(2)  Publish in the Pennsylvania Bulletin sentencing

guidelines, resentencing guidelines following revocation of

probation, county intermediate punishment and State

intermediate punishment, parole guidelines, risk assessment

instrument and recommitment ranges following revocation by

the board of paroles granted as adopted by the commission.

(b)  Rejection by General Assembly.--Subject to gubernatorial

review pursuant to section 9 of Article III of the Constitution

of Pennsylvania, the General Assembly may by concurrent

resolution reject in their entirety any guidelines, risk

assessment instrument or recommitment ranges adopted by the

commission within 90 days of their publication in the

Pennsylvania Bulletin pursuant to subsection (a)(2).

(c)  Effective date.--

(1)  Sentencing guidelines, resentencing guidelines

following revocation of probation, county intermediate

punishment and State intermediate punishment, parole

guidelines, risk assessment instrument and recommitment

ranges following revocation by the board of paroles granted,

adopted by the commission shall become effective 90 days

after publication in the Pennsylvania Bulletin pursuant to

subsection (a)(2) unless disapproved pursuant to subsection

(b) and shall apply to sentences and resentences and parole

decisions made after the effective date of the guidelines.

(2)  If not disapproved, the [commissioners] commission 

shall conduct training and orientation for trial court judges

and board members prior to the effective date of the

guidelines, risk assessment instrument and recommitment

ranges.

Section 1.2.  Section 9714(g) of Title 42, amended July 7,

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2011 (P.L.220, No.40), is amended to read:

§ 9714.  Sentences for second and subsequent offenses.

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(g)  Definition.--As used in this section, the term "crime of

violence" means murder of the third degree, voluntary

manslaughter, manslaughter of a law enforcement officer as

defined in 18 Pa.C.S. § 2507(c) or (d) (relating to criminal

homicide of law enforcement officer), murder of the third degree

involving an unborn child as defined in 18 Pa.C.S. § 2604(c)

(relating to murder of unborn child), aggravated assault of an

unborn child as defined in 18 Pa.C.S. § 2606 (relating to

aggravated assault of unborn child), aggravated assault as

defined in 18 Pa.C.S. § 2702(a)(1) or (2) (relating to

aggravated assault), assault of law enforcement officer as

defined in 18 Pa.C.S. § 2702.1 (relating to assault of law

enforcement officer), use of weapons of mass destruction as

defined in 18 Pa.C.S. § 2716(b) (relating to weapons of mass

destruction), terrorism as defined in 18 Pa.C.S. § 2717(b)(2)

(relating to terrorism), trafficking of persons when the offense

is graded as a felony of the first degree as provided in 18

Pa.C.S. § 3002 (relating to trafficking of persons), rape,

involuntary deviate sexual intercourse, aggravated indecent

assault, incest, sexual assault, arson as defined in 18 Pa.C.S.

§ 3301(a) (relating to arson and related offenses), ecoterrorism

as defined in 18 Pa.C.S. § 3311(b)(2) (relating to

ecoterrorism), kidnapping, burglary [of a structure adapted for

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overnight accommodation in which at the time of the offense any

person is present] as defined in 18 Pa.C.S. § 3502(a)(1)

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(relating to burglary), robbery as defined in 18 Pa.C.S. §

3701(a)(1)(i), (ii) or (iii) (relating to robbery), or robbery

of a motor vehicle, drug delivery resulting in death as defined

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in 18 Pa.C.S. § 2506(a) (relating to drug delivery resulting in

death), or criminal attempt, criminal conspiracy or criminal

solicitation to commit murder or any of the offenses listed

above, or an equivalent crime under the laws of this

Commonwealth in effect at the time of the commission of that

offense or an equivalent crime in another jurisdiction.

Section 1.3.  Section 9721(a.1) of Title 42 is amended to

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read:

§ 9721.  Sentencing generally.

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(a.1)  Exception.--

(1)  Unless specifically authorized under section 9763

(relating to a sentence of county intermediate punishment) or

Chapter 99 (relating to State intermediate punishment),

subsection (a) shall not apply where a mandatory minimum

sentence is otherwise provided by law.

(2)  An eligible offender may be sentenced to State

intermediate punishment pursuant to subsection (a)(7) and as

described in Chapter 99 or to State motivational boot camp as

described in 61 Pa.C.S. Ch. 39 (relating to motivational boot

camp), even if a mandatory minimum sentence would otherwise

be provided by law.

(3)  An eligible offender may be sentenced to total

confinement pursuant to subsection (a)(4) and a recidivism

risk reduction incentive minimum sentence pursuant to section

9756(b.1) (relating to sentence of total confinement), even

if a mandatory minimum sentence would otherwise be provided

by law.

* * *

Section 2.  Section 9763(c) heading of Title 42 is amended

and the section is amended by adding a subsection to read:

§ 9763.  Sentence of county intermediate punishment.

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(c)  Restriction for certain Vehicle Code violations.--

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(c.1)  Restriction for drug trafficking.--

(1)  Any person receiving a penalty imposed pursuant to

18 Pa.C.S. § 7508 (relating to drug trafficking sentencing

and penalties) where the sentence is imposed pursuant to 18

Pa.C.S. § 7508(a)(1)(i), (2)(i), (3)(i), (4)(i) or (7)(i) may

only be sentenced to county intermediate punishment after

undergoing a diagnostic assessment of dependency on alcohol

or other drugs.

(2)  If the defendant is determined to be in need of drug

and alcohol treatment, the defendant may only be sentenced to

county intermediate punishment which includes participation

in clinically prescribed drug and alcohol treatment combined

with one or more of the following programs:

(i)  a residential inpatient program or a residential

rehabilitative center;

(ii)  house arrest with electronic surveillance; or

(iii)  a partial confinement program, including, but

not limited to, work release, work camp and halfway

facility.

(3)  If the defendant is determined not to be in need of

drug and alcohol treatment, the defendant may only be

sentenced to county intermediate punishment in:

(i)  house arrest with electronic surveillance;

(ii)  a partial confinement program, including, but

not limited to, work release, work camp and halfway

facility; or

(iii)  any combination of the programs specified in

this paragraph.

(4)  Each day of participation in a restrictive

intermediate punishment program or combination of programs

shall be considered the equivalent of and satisfy one day of

total confinement required pursuant to 18 Pa.C.S. § 7508

where the sentence is imposed pursuant to 18 Pa.C.S. §

7508(a)(1)(i), (2)(i), (3)(i), (4)(i) or (7)(i).

* * *

Section 3.  Title 42 is amended by adding a section to read:

§ 9771.1.  Court-imposed sanctions for offenders violating

probation.

(a)  Program.--Notwithstanding the provisions of section 9771

(relating to modification or revocation of order of probation),

the court of common pleas of a judicial district may establish a

program to impose swift, predictable and immediate sanctions on

offenders who violate their probation.

(b)  Coordination with other officials.--The court shall work

with probation administrators and officers, jail administrators,

prosecutors, public defenders and law enforcement in the

judicial district to develop and implement the program.

(c)  Eligibility.--

(1)  The court shall determine which offenders are

eligible for and admitted into the program. The program shall

focus on, but not be limited to, offenders who have committed

drug-related crimes.

(2)  An offender shall be ineligible for the program if

the offender was convicted of a crime of violence as defined

in section 9714 (relating to sentences for second and

subsequent offenses) or of a crime requiring registration

under section 9795.1 (relating to registration).

(d)  Warning hearing.--

(1)  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).

(e)  Drug testing.--The program shall require, when

applicable, randomized drug testing.

(f)  Violation hearing.--If a participant commits a probation

violation, the participant shall promptly be arrested and a

hearing shall be held no later than two business days after the

arrest date.

(g)  Sanctions.--

(1)  The court shall impose a term of imprisonment of up

to:

(i)  three days for a first violation;

(ii)  seven days for a second violation;

(iii)  fourteen days for a third violation; and

(iv)  twenty-one days for a fourth or subsequent

violation of probation.

(2)  The court may allow the term of imprisonment to be

served on weekends or other nonwork days for employed

probationers who have committed a first or second violation.

(3)  The court may increase the conditions of probation,

including additional substance abuse treatment for a

participant who has failed one or more drug tests.

(h)  Exceptions.--If the participant is able to provide a

compelling reason for the probation violation, the court may

grant an exception to the sanctions authorized under subsection

(g).

(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.

(j)  Local rules.--The court may adopt local rules for the

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administration of this program. The

(j)  Local rules.--

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(1)  The court may adopt local rules for the

administration of this program. Except as provided for under

paragraph (2), the local rules may not be inconsistent with

this section or any rules adopted by the Supreme Court.

(2)  The court may adopt local rules that are

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inconsistent with subsection (g) regarding the terms of

imprisonment or other sanctions or conditions provided for

under subsection (g).

Section 4.  Section 9804(b)(1) of Title 42 is amended and the

subsection is amended by adding a paragraph to read:

§ 9804.  County intermediate punishment programs.

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(b)  Eligibility.--

(1)  (i)  No person other than the eligible offender

shall be sentenced to a county intermediate punishment

program.

(ii)  The prosecuting attorney, 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.

(iii)  The court, after considering victim input, may

refuse to accept the prosecuting attorney's waiver of the

eligibility requirements.

* * *

(6)  (i)  Any person receiving a penalty imposed pursuant

to 18 Pa.C.S. § 7508 (relating to drug trafficking

sentencing and penalties) where the sentence is imposed

pursuant to 18 Pa.C.S. § 7508(a)(1)(i), (2)(i), (3)(i),

(4)(i) or (7)(i) may only be sentenced to county

intermediate punishment after undergoing a diagnostic

assessment of dependency on alcohol or other drugs.

(ii)  If the defendant is determined to be in need of

drug and alcohol treatment, the defendant may only be

sentenced to county intermediate punishment which

includes participation in clinically prescribed drug and

alcohol treatment combined with one or more of the

following programs:

(A)  a residential inpatient program or a

residential rehabilitative center;

(B)  house arrest with electronic surveillance;

or

(C)  a partial confinement program, including,

but not limited to, work release, work camp and

halfway facility.

(iii)  If the defendant is determined not to be in

need of drug and alcohol treatment, the defendant may

only be sentenced to county intermediate punishment in:

(A)  house arrest with electronic surveillance;

(B)  a partial confinement program, including,

but not limited to, work release, work camp and

halfway facility; or

(C)  any combination of the programs specified in

this paragraph.

(iv)  Each day of participation in a restrictive

intermediate punishment program or combination of

programs shall be considered the equivalent of and

satisfy one day of total confinement required pursuant to

18 Pa.C.S. § 7508 where the sentence is imposed pursuant

to 18 Pa.C.S. § 7508(a)(1)(i), (2)(i), (3)(i), (4)(i) or

(7)(i).

Section 5.  Subchapter A heading of Chapter 35 of Title 61 is

amended to read:

SUBCHAPTER A

[GENERAL PROVISIONS]

(Reserved)

Section 6.  Sections 3501, 3502 and 3503 of Title 61 are

amended to read:

§ 3501.  [Gubernatorial visitor for philanthropic purposes.

The Governor may appoint a person to visit, for philanthropic

purposes, correctional institutions. No expense shall be

incurred to the Commonwealth for the implementation of this

section.] (Reserved).

§ 3502.  [Official visitors.

(a)  General rule.--Subject to the provisions of subsection

(b), the active or visiting committee of any society

incorporated for the purpose of visiting and instructing inmates

are hereby made official visitors of any correctional

institution, with the same powers, privileges and functions as

are vested in the official visitors of correctional institutions

as now prescribed by law.

(b)  Notice required.--No active or visiting committee as

identified in subsection (a) may visit a correctional

institution under this section unless notice of the names of the

members of the committee and the terms of their appointment are

given by the society, in writing, under its corporate seal, to

the chief administrator of the correctional institution.] 

(Reserved).

§ 3503.  [Rights of official visitors.

(a)  Visiting hours.--A person designated by law to be an

official visitor of a correctional institution may enter and

visit any correctional institution on any and every day,

including Sundays, between the hours of 9 a.m. and 5 p.m. and at

such other times with the special permission of the chief

administrator.

(b)  Confirmation of role.--All powers, functions and

privileges granted to official visitors of correctional

institutions under prior law are hereby confirmed. No official

visitor shall have the right or power to give or deliver to an

inmate during such visit any chattel or object whatsoever,

except objects and articles of religious or moral instruction or

use.

(c)  Effect of violation.--

(1)  If an official visitor violates any provision of

this section, a chief administrator may apply to the court of

common pleas in the county wherein the correctional

institution is situated for a rule upon the official visitor

to show cause why he should not be deprived of his office.

(2)  Upon proof to the satisfaction of the court, the

court shall enter a decree against the official visitor

depriving him of all rights, privileges and functions of an

official visitor.] (Reserved).

Section 7.  Title 61 is amended by adding a section to read:

§ 3705.  Time eligibility for prerelease.

(a)  General rule.--To be time-eligible for placement in a

prerelease center, an inmate must:

(1)  have completed at least one-half of the inmate's

minimum sentence;

(2)  be within one year of completing the inmate's

minimum sentence;

(3)  have no outstanding detainers; and

(4)  satisfy the additional condition, as applicable, in

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subsection (b).

(b)  Additional condition.--If, at the time the inmate is

committed to the supervision of the department the inmate has:

(1)  less than 12 months to serve until the inmate

completes the inmate's minimum sentence, the inmate must

serve at least three months in a State correctional

institution;

(2)  at least 12 months to serve until the inmate

completes the inmate's minimum sentence but has less than 18

months to serve until the inmate completes the inmate's

minimum sentence, the inmate must serve at least six months

in a State correction institution; or

(3)  at least 18 months to serve until the inmate

completes the inmate's minimum sentence, the inmate must

serve at least nine months in a State correctional

institution.

(c)  Exception.--Notwithstanding the provisions of

subsections (a) and (b), no inmate shall be eligible for have

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continuously served for a total of at least nine months in a

county jail or in a State correctional institution for that

sentence.

(b)  Exception.--Notwithstanding the provisions of subsection

(a), no inmate shall be eligible for placement in a prerelease

center prior to the completion of the inmate's minimum sentence

if the inmate is serving a term of imprisonment for:

(1)  a crime of violence as defined in 42 Pa.C.S. §9714

(relating to sentences for second and subsequent offenses);

or

(2)  a crime requiring registration under 42 Pa.C.S.

§9795.1 (relating to registration).

Section 8.  The definition of "eligible inmate" in section

3903 of Title 61 is amended to read:

§ 3903.  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:

* * *

"Eligible inmate."  A person sentenced to a term of

confinement under the jurisdiction of the Department of

Corrections who is serving a term of confinement, the minimum of

which is not more than two years and the maximum of which is

five years or less, or an inmate who is serving a term of

confinement, the minimum of which is not more than three years

where that inmate is within two years of completing his minimum

term, and who has not reached [35] 40 years of age at the time

he is approved for participation in the motivational boot camp

program. The term shall not include any inmate who is subject to

a sentence the calculation of which included an enhancement for

the use of a deadly weapon as defined pursuant to the sentencing

guidelines promulgated by the Pennsylvania Commission on

Sentencing or any inmate [serving a sentence for any violation

of one or more of the following provisions] with a current

conviction or a prior conviction within the past ten years for

any of the following offenses:

18 Pa.C.S. § 2502 (relating to murder).

18 Pa.C.S. § 2503 (relating to voluntary manslaughter).

18 Pa.C.S. § 2506 (relating to drug delivery resulting in

death).

18 Pa.C.S. § 2901 (relating to kidnapping).

18 Pa.C.S. § 3121 (relating to rape).

18 Pa.C.S. § 3123 (relating to involuntary deviate sexual

intercourse).

18 Pa.C.S. § 3124.1 (relating to sexual assault).

18 Pa.C.S. § 3125 (relating to aggravated indecent

assault).

18 Pa.C.S. § 3301(a)(1)(i) (relating to arson and related

offenses).

18 Pa.C.S. § 3502 (relating to burglary) in the case of

burglary of a structure adapted for overnight accommodation

in which at the time of the offense any person is present.

18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to

robbery).

18 Pa.C.S. § 3702 (relating to robbery of motor vehicle).

18 Pa.C.S. § 7508 (a)(1)(iii), (2)(iii), (3)(iii) or (4)

(iii) (relating to drug trafficking sentencing and

penalties).

* * *

Section 9.  Section 3904 of Title 61 is amended by adding a

subsection to read:

§ 3904.  Selection of inmate participants.

* * *

(d)  Waiver of eligibility requirements.--

(1)  The prosecuting attorney, 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.

(2)  The court, after considering victim input, may

refuse to accept the prosecuting attorney's waiver of the

eligibility requirements.

Section 10.  The definitions of "defendant" and "eligible

offender" in section 4103 of Title 61 are amended to read:

§ 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:

* * *

"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 18 Pa.C.S.

§ 7508(a)(1)(i), (2)(i), (3)(i), (4)(i) or (7)(i) (relating to

drug trafficking sentencing and penalties).

* * *

"Eligible offender."  Subject to 42 Pa.C.S. § 9721(a.1)

(relating to sentencing generally), a defendant designated by

the sentencing court as a person convicted of a drug-related

offense who:

(1)  Has undergone an assessment performed by the

Department of Corrections, which assessment has concluded

that the defendant is in need of drug and alcohol addiction

treatment and would benefit from commitment to a drug

offender treatment program and that placement in a drug

offender treatment program would be appropriate.

(2)  Does not demonstrate a history of present or past

violent behavior.

(3)  Would be placed in the custody of the department if

not sentenced to State intermediate punishment.

(4)  Provides written consent permitting release of

information pertaining to the defendant's participation in a

drug offender treatment program.

The term shall not include a defendant 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, or a defendant [who has been convicted of a

personal injury crime as defined in section 103 of the act of

November 24, 1998 (P.L.882, No.111), known as the Crime Victims

Act, or an attempt or conspiracy to commit such a crime or who

has been convicted of violating 18 Pa.C.S. § 4302 (relating to

incest), 5901 (relating to open lewdness), 6312 (relating to

sexual abuse of children), 6318 (relating to unlawful contact

with minor) or 6320 (relating to sexual exploitation of

children) or Ch. 76 Subch. C (relating to Internet child

pornography)] with a current conviction or a prior conviction

within the past ten years for any of the following offenses:

18 Pa.C.S. § 2502 (relating to murder).

18 Pa.C.S. § 2503 (relating to voluntary manslaughter).

18 Pa.C.S. § 2506 (relating to drug delivery resulting in

death).

18 Pa.C.S. § 2901 (relating to kidnapping).

18 Pa.C.S. § 3121 (relating to rape).

18 Pa.C.S. § 3123 (relating to involuntary deviate sexual

intercourse).

18 Pa.C.S. § 3124.1 (relating to sexual assault).

18 Pa.C.S. § 3125 (relating to aggravated indecent

assault).

18 Pa.C.S. § 3301(a)(1)(i) (relating to arson and related

offenses).

18 Pa.C.S. § 3502 (relating to burglary), in the case of

burglary of a structure adapted for overnight accommodation

in which at the time of the offense any person is present.

18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to

robbery).

18 Pa.C.S. § 3702 (relating to robbery of motor vehicle).

18 Pa.C.S. § 7508 (a)(1)(iii), (2)(iii), (3)(iii) or (4)

(iii) (relating to drug trafficking sentencing and

penalties).

* * *

Section 11.  Section 4104(a) 4104(a)(1) of Title 61 is

<--

amended and the subsection is amended by adding a paragraph to

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read:

§ 4104.  Referral to State intermediate punishment program.

(a)  Referral for evaluation.--

* * *

<--

(1)  Prior to imposing a sentence, the court may[, upon

<--

motion of the Commonwealth and agreement of the defendant,]

commit a defendant to the custody of the department for the

purpose of evaluating whether the defendant would benefit

from a drug offender treatment program and whether placement

in the drug offender treatment program is appropriate.

(1.1)  (i)  The prosecuting attorney, 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.

* * *

Section 12.  The definition of "eligible offender" in section

4503 of Title 61 is amended to read:

§ 4503.  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:

* * *

"Eligible offender."  A defendant or inmate convicted of a

criminal offense who will be committed to the custody of the

department and who meets all of the following eligibility

requirements:

(1)  Does not demonstrate a history of present or past

violent behavior.

(2)  Has not been subject to a sentence the calculation

of which includes an enhancement for the use of a deadly

weapon as defined under law or the sentencing guidelines

promulgated by the Pennsylvania Commission on Sentencing or

the attorney for the Commonwealth has not demonstrated that

the defendant has been found guilty of or was convicted of an

offense involving a deadly weapon or offense under 18 Pa.C.S.

Ch. 61 (relating to firearms and other dangerous articles) or

the equivalent offense under the laws of the United States or

one of its territories or possessions, another state, the

District of Columbia, the Commonwealth of Puerto Rico or a

foreign nation.

(3)  Has not been found guilty of or previously convicted

of or adjudicated delinquent for or an attempt or conspiracy

to commit a [personal injury crime as defined under section

<--

103 of the act of November 24, 1998 (P.L.882, No.111), known

as the Crime Victims Act] crime of violence as defined in 42

<--

Pa.C.S. § 9714(g) (relating to sentences for second and

subsequent offenses) except for an offense under 18 Pa.C.S. §

<--

2701 (relating to simple assault) when the offense is a

misdemeanor of the third degree, or an equivalent offense

under the laws of the United States or one of its territories

or possessions, another state, the District of Columbia, the

Commonwealth of Puerto Rico or a foreign nation.

(4)  Has not been found guilty or previously convicted or

adjudicated delinquent for violating any of the following

provisions or an equivalent offense under the laws of the

United States or one of its territories or possessions,

another state, the District of Columbia, the Commonwealth of

Puerto Rico or a foreign nation:

[18 Pa.C.S. § 4302 (relating to incest).]

18 Pa.C.S. § 5901 (relating to open lewdness).

18 Pa.C.S. § 6312 (relating to sexual abuse of

children).

18 Pa.C.S. § 6318 (relating to unlawful contact with

minor).

18 Pa.C.S. § 6320 (relating to sexual exploitation of

children).

18 Pa.C.S. Ch. 76 Subch. C (relating to Internet

child pornography).

Received a criminal sentence pursuant to 42 Pa.C.S. §

9712.1 (relating to sentences for certain drug offenses

committed with firearms).

Any offense listed under 42 Pa.C.S. § 9795.1

(relating to registration).

(5)  Is not awaiting trial or sentencing for additional

criminal charges, if a conviction or sentence on the

additional charges would cause the defendant to become

ineligible under this definition.

(6)  Has not been found guilty or previously 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)(iii), (2)(iii), (3)(iii),

(4)(iii), (7)(iii) or (8)(iii) (relating to drug trafficking

sentencing and penalties).

* * *

Section 13.  Title 61 is amended by adding a chapter to read:

CHAPTER 49

SAFE COMMUNITY REENTRY

Sec.

4901.  Scope of chapter.

4902.  Definitions.

4903.  Safe Community Reentry Program.

4904.  Contract for services.

4905.  Rules and regulations.

4906.  Study and report.

§ 4901.  Scope of chapter.

This chapter relates to the Safe Community Reentry Program.

§ 4902.  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:

"Community-based programs."  Programs which are administered

and operated outside of a correctional institution.

"Community organization."  A community, faith-based or other

private charitable organization which is organized as a

nonprofit corporation or nonprofit unincorporated association

under the laws of the United States or this Commonwealth which

is authorized to do business in this Commonwealth as a nonprofit

corporation or unincorporated association under the laws of this

Commonwealth.

"Institutional-based programs."  Programs which are

administered and operated within a correctional institution.

"Offender."  An inmate in a correctional institution or a

person released from incarceration.

"Program."  The Safe Community Reentry Program established in

this chapter.

§ 4903.  Safe Community Reentry Program.

(a)  Program established.--The department, in cooperation and

coordination with the board, shall establish a comprehensive

program to reduce recidivism and ensure the successful reentry

of offenders into the community. The program shall provide

offenders with access to a full continuum of services during

incarceration and upon release during their transition and

reintegration into the community.

(b)  Assessment and plan.--

(1)  The department shall assess each offender entering

into the State correctional system to determine which

treatment services, programs and skills the offender needs to

develop to be successful in the community following the

offender's release.

(2)  The department shall assist each offender in

developing a reentry plan for the offender. The reentry plan

shall include the offender's educational, employment, housing

and treatment needs as appropriate and necessary to encourage

the successful transition and reintegration of the offender

into the community.

(3)  The department shall coordinate the specifics of the

offender's reentry plan with the educational, vocational

training and treatment services that will be provided to the

offender during the offender's incarceration.

(c)  Transition and reintegration programs.--The department

shall identify a comprehensive network of transition and

reintegration programs to address the needs of offenders

released from incarceration.

(d)  Community organizations.--

(1)  The department and the board shall use community

organizations to assist the department and the board in

meeting the needs of offenders reentering the community.

(2)  The department and the board shall develop and

maintain a list of community organizations available to

provide services.

(3)  Community organizations may provide services

including education, vocational training, follow-up treatment

services, support with finding housing and employment and may

help with family issues and other elements of life after

incarceration.

(4)  The department and the board may refer offenders to

community organizations on the list.

(e)  Sharing of information.--

(1)  The department and the board may share information

about offenders with the entities the department and the

board contract with under section 4704 (relating to contract

for services) and other agencies and providers of services as

necessary to adequately assess and address the needs of each

offender.

(2)  This subsection shall not apply to the disclosure of

an offender's personal health information unless the offender

consents to the disclosure.

(3)  This subsection shall not be construed to permit

disclosure of personal health information if the disclosure

violates the Health Insurance Portability and Accountability

Act of 1996 (Public Law 104-191, 110 Stat. 1936) or other

Federal or State law.

§ 4904.  Contract for services.

(a)  Duty of department and board.--As part of the program,

the department and the board may contract with private vendors,

including community organizations, units of local government and

other entities to provide for reintegration and transitional

programs and services, which may include institutional-based and

community-based programs. The programs and services provided

under these contracts may include:

(1)  Assisting in the development of each offender's

reentry plan.

(2)  Coordinating the supervision and services provided

to offenders in correctional institutions with any

supervision and services provided to offenders who have been

released from incarceration.

(3)  Providing offenders awaiting release with documents

that are necessary after release, including identification

papers, referrals to services, medical prescriptions, job

training certificates, apprenticeship papers, information on

obtaining public assistance and other documents useful in

achieving a successful transition from a correctional

institution to the community.

(4)  Involving county agencies whose programs and

initiatives strengthen inmate reentry services for offenders

who have been returned to the county of their jurisdiction.

(5)  Providing structured programs, post-release housing

and transitional housing, including group homes for

recovering substance abusers, through which offenders are

provided supervision and services immediately following

reentry into the community.

(6)  Assisting offenders in securing permanent housing

upon release or following a stay in post-release or

transitional housing.

(7)  Continuing to link offenders with health resources

for health services that were provided to them when they were

under the jurisdiction of the department, including mental

health, substance abuse treatment, aftercare and treatment

services for contagious diseases.

(8)  Providing education, job training, English as a

second language programs, work experience programs, self-

respect and life skills training and other skills needed to

achieve self-sufficiency for a successful transition from

incarceration.

(9)  Facilitating collaboration among corrections

administrators, technical schools, community colleges and the

work force development and employment service sectors so that

there are efforts to:

(i)  Promote, where appropriate, the employment of

offenders released from correctional institutions and

facilitate the creation of job opportunities, including

transitional jobs, for such offenders that will also

benefit communities.

(ii)  Connect offenders to employment, including

supportive employment and employment services, before

their release from correctional institutions.

(iii)  Address barriers to employment, including

obtaining a driver's license.

(10)  Assessing the literacy and educational needs of

offenders and providing appropriate services to meet those

needs, including follow-up assessments and long-term

services.

(11)  Addressing systems under which family members of

offenders are involved with facilitating the successful

reentry of those offenders into the community, including

removing obstacles to the maintenance of family relationships

while the offender is in custody, strengthening the family's

capacity to establish and maintain a stable living situation

during the reentry process where appropriate and involving

family members in the planning and implementation of the

reentry process.

(12)  Facilitating visitation and maintenance of family

relationships with respect to offenders by addressing

obstacles such as travel, telephone costs, mail restrictions

and restrictive visitation policies.

(13)  Addressing barriers to the visitation of children

with an incarcerated parent and maintenance of the parent-

child relationship, including, but not limited to, the

location of facilities in remote areas, telephone costs, mail

restrictions and visitation policies.

(14)  Creating mentoring programs designed to assist

offenders in changing the offenders' pattern of behavior so

that the offenders will not revictimize their victims or have

new victims. Mentoring may occur inside the correctional

institution and in the community once the offender is

released. The mentor shall:

(i)  Act as a role model for the offender.

(ii)  Foster a caring and supportive relationship by

creating an independence from and not a dependence upon

the mentor or the system as a whole.

(iii)  Encourage positive self-concept.

(iv)  Teach and aid in goal setting.

(v)  Support other positive relationships within the

community.

(vi)  Assist in linking the offender to community-

based services.

(vii)  Promote appropriate, positive family

relationships.

(viii)  Help develop personal accountability and

personal responsibility.

(15)  Facilitating and encouraging timely and complete

payment of restitution and fines by offenders to victims and

the community.

(b)  Accountability.--To ensure accountability, any contract

entered under this section shall contain specific performance

measures that the department and the board shall use to evaluate

compliance with the terms of the contract.

§ 4905.  Rules and regulations.

The department and board may promulgate rules and regulations

as deemed necessary to implement this chapter.

§ 4906.  Study and report.

(a)  Study.--The department shall conduct and coordinate

research to determine whether the program established under

section 4903 (relating to Safe Community Reentry Program)

reduces recidivism rates.

(b)  Report.--Not later than February 1 of each even-numbered

year, the department shall present a report of the research

conducted or coordinated under subsection (a) to the Judiciary

Committee of the Senate and the Judiciary Committee of the House

of Representatives. The report shall evaluate the program and,

if appropriate, make recommendations for legislation.

Section 14.  This act shall take effect in 60 days. as

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follows:

(1)  The addition of 61 Pa.C.S. § 3705 shall take effect

in one year.

(2)  This section shall take effect immediately.

(3)  The remainder of this act shall take effect in 60

days.