See other bills
under the
same topic
PRINTER'S NO. 1076
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
923
Session of
2017
INTRODUCED BY BARBIN, BARRAR, SAINATO, READSHAW, SOLOMON, MURT,
MULLERY, McCLINTON, SCHLOSSBERG, D. COSTA, WARD, DEASY AND
CALTAGIRONE, MARCH 22, 2017
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 22, 2017
AN ACT
Amending Title 61 (Prisons and Parole) of the Pennsylvania
Consolidated Statutes, providing for Veterans Alternative
Punishment Program; and making an appropriation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 61 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 40
VETERANS ALTERNATIVE PUNISHMENT PROGRAM
Sec.
4001. Scope of chapter.
4002. Declaration of policy (Reserved).
4003. Definitions.
4004. Veterans Alternative Punishment Program.
4005. Leaders and staff of program.
4006. Selection of participants.
4007. Phase-in of program.
4008. Completion of program.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
4009. Appeals.
4010. Evaluation.
4011. Appropriation.
§ 4001. Scope of chapter.
This chapter authorizes the Veterans Alternative Punishment
Program.
§ 4002. Declaration of policy (Reserved).
§ 4003. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Commission." The Pennsylvania Commission on Sentencing.
"Eligible inmate." A veteran sentenced to a term of
confinement under the jurisdiction of the Department of
Corrections who is considered eligible under the regulations
promulgated by the department.
"Program." The Veterans Alternative Punishment Program which
shall be referred to as the Pennsylvania Conservation Battalion.
"Program leader." A veteran who was commissioned during the
veteran's service.
"Program staff." A veteran who was not a commissioned
officer during the veteran's service.
"Veteran." A resident of this Commonwealth who has served in
the United States Armed Forces, including a reserve component or
the National Guard, and was discharged or released from the
service under conditions other than dishonorable.
§ 4004. Veterans Alternative Punishment Program.
(a) Establishment.--There is established in the department
the Veterans Alternative Punishment Program which shall be
referred to as the Pennsylvania Conservation Battalion.
20170HB0923PN1076 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(b) Scope of program.--The program shall be phased in in
accordance with section 4007 (relating to phase-in of program)
to include 1,500 eligible inmates selected in accordance with
section 4006 (relating to selection of participants). The 1,500
eligible inmates shall be in three groups of 500 with each group
of 500 led by a program leader.
(c) Voluntary program.--The program shall be voluntary for
eligible inmates and no punishment or benefits may be offered in
exchange for an eligible inmate's participation or
nonparticipation. An inmate may apply for the program or the
program may be offered to an eligible inmate.
(d) Conditions.--Applicants may not participate in the
program unless the applicants agree to be bound by all the terms
and conditions and sign a memorandum of understanding.
(e) Qualifications to participate.--Satisfaction of the
qualifications set forth in this section and in the regulations
established by the department to participate does not mean that
an inmate will automatically be permitted to participate in the
program.
(f) Activities.--The eligible inmates who participate in the
program will reside outside of the State correctional facility
and participate in activities including building, constructing,
maintaining or repairing conservation facilities and trails.
(g) Expulsion from program.--
(1) An inmate's participation in the program may be
suspended or revoked for administrative or disciplinary
reasons.
(2) The department shall develop regulations consistent
with this subsection.
§ 4005. Leaders and staff of program.
20170HB0923PN1076 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Each group of 500 eligible inmates shall be organized into
four companies of 125 eligible inmates who are admitted into the
program and shall be led by a program leader and staff, who will
be hired by the department from qualified applicants. Each
leader and all staff members shall be required to do the
following:
(1) Attend a training program designed by the
department. The training program shall be at minimum a four-
week intensive program.
(2) Conduct the program within the guidelines and
regulations established by the department and commission.
§ 4006. Selection of participants.
(a) Primary candidates.--The primary eligible inmates for
the program shall be veteran inmates serving an individual or
aggregate minimum sentence of confinement in a State
correctional facility.
(b) Assessment.--Prior to being selected for the program, an
inmate must undergo an assessment performed by the department.
(c) Ineligibility.--In addition to any other conditions
imposed as part of the selection process, inmates may not:
(1) Be subject to the deadly weapon-used enhancement
under the sentencing guidelines.
(2) Have been convicted or adjudicated delinquent of a
crime requiring registration under 42 Pa.C.S. Ch. 97 Subch. H
(relating to registration of sexual offenders).
(3) Have a conviction within the past 10 years of any of
the following:
(i) 18 Pa.C.S. § 2502 (relating to murder).
(ii) 18 Pa.C.S. § 2503 (relating to voluntary
manslaughter).
20170HB0923PN1076 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(iii) 18 Pa.C.S. § 2506 (relating to drug delivery
resulting in death).
(iv) 18 Pa.C.S. § 2901(a) (relating to kidnapping).
(v) 18 Pa.C.S. § 3301(a)(1)(i) (relating to arson
and related offenses).
§ 4007. Phase-in of program.
(a) First year.--By June 30, 2018, the department and
commission shall:
(1) Set guidelines and regulations on the program
established in this chapter.
(2) Create a training program for program leaders and
select at least one program leader who has been hired and has
completed all requirements set by the department and
commission.
(3) Create a training program for all staff members who
will be working on the program and have trained the first
group of staff members.
(4) Select a group of 500 eligible inmates who will
participate in the program in lieu of completing prison
sentences in a State correctional facility.
(5) Implement the program with the first group of 500
eligible inmates.
(b) Second year.--By June 30, 2019, the department shall:
(1) Have at least two program leaders on staff who are
fully trained and have completed all requirements set by the
department and commission.
(2) Have a sufficient number of trained staff members to
implement the second group of the program.
(3) Select a second group of 500 eligible inmates to
participate in the program.
20170HB0923PN1076 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(4) Implement the program for the second group of 500
eligible inmates.
(c) Third year.--By June 30, 2020, the department shall:
(1) Have three program leaders on staff who are fully
trained and have completed all requirements set by the
department and commission.
(2) Select a third group of 500 eligible inmates to
participate in the program.
(3) Implement the program for the third group of 500
inmates.
§ 4008. Completion of program.
Upon certification by the department of the inmate's
successful completion of the program, the Pennsylvania Board of
Probation and Parole shall immediately release the inmate on
parole, notwithstanding any minimum sentence imposed in the
case. The parolee will be subject to intensive supervision for a
period of time determined by the board, after which the parolee
will be subject to the usual parole supervision. For all other
purposes, the parole of the inmate shall be as provided by
Chapter 61 (relating to Pennsylvania Board of Probation and
Parole).
§ 4009. Appeals.
Nothing in this chapter shall be construed to enlarge or
limit the right of an inmate to appeal the inmate's sentence.
§ 4010. Evaluation.
The department and the commission shall monitor and evaluate
the program to ensure that the programmatic objectives are met.
§ 4011. Appropriation.
Each year, the sum of $6,000,000 shall be transferred to the
department from the General Fund for the purposes of carrying
20170HB0923PN1076 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
out this chapter. In the first year, an additional sum of
$4,000,000 shall be transferred to the department from the
General Fund for equipment, supplies and housing for the
purposes of carrying out this chapter.
Section 2. This act shall take effect in 60 days.
20170HB0923PN1076 - 7 -
1
2
3
4
5