first. A violation of this condition may be punishable by the
revocation of any form of pretrial release or the forfeiture
of bail and the issuance of a bench warrant for the
defendant's arrest or remanding him to custody or a
modification of the terms of the bail. The defendant shall be
provided a hearing on this matter.
(C.1) PRETRIAL RISK ASSESSMENT TOOL.--THE PRESIDENT JUDGE OF
A COURT OF COMMON PLEAS MAY ADOPT A PRETRIAL RISK ASSESSMENT
TOOL FOR USE BY THE COURT OF COMMON PLEAS OR BY THE PHILADELPHIA
MUNICIPAL COURT, THE PITTSBURGH MAGISTRATES COURT OR MAGISTERIAL
DISTRICT JUDGES WHEN ACTING AS THE ISSUING AUTHORITY IN CASES
UNDER THIS SECTION. THE ISSUING AUTHORITY MAY USE THE PRETRIAL
RISK ASSESSMENT TOOL TO AID IN DETERMINING WHETHER THE DEFENDANT
POSES A THREAT OF DANGER TO THE VICTIM. HOWEVER, THE PRETRIAL
RISK ASSESSMENT TOOL MAY NOT BE THE ONLY MEANS OF DETERMINING
WHETHER TO ADMIT THE DEFENDANT TO BAIL. NOTHING IN THIS
SUBSECTION SHALL BE CONSTRUED TO CONFLICT WITH THE ISSUING
AUTHORITY'S ABILITY TO DETERMINE WHETHER TO ADMIT THE DEFENDANT
TO BAIL UNDER THE PENNSYLVANIA RULES OF CRIMINAL PROCEDURE.
(C.2) PENNSYLVANIA COMMISSION ON SENTENCING.--THE FOLLOWING
APPLY TO THE PENNSYLVANIA COMMISSION ON SENTENCING:
(1) THE COMMISSION SHALL DEVELOP A MODEL PRETRIAL RISK
ASSESSMENT TOOL WHICH MAY BE USED BY THE ISSUING AUTHORITY IN
CASES UNDER THIS SECTION, AS SET FORTH IN SUBSECTION (C.1).
(2) SUBJECT TO ANY INCONSISTENT RULE OF COURT, IN ORDER
TO ENSURE THAT THE MODEL PRETRIAL RISK ASSESSMENT TOOL OR
OTHER PRETRIAL RISK ASSESSMENT TOOL ADOPTED UNDER THIS
SECTION IS EFFECTIVE, ACCURATE AND FREE FROM RACIAL OR
ECONOMIC BIAS, PRIOR TO THE ADOPTION OF THE TOOL, THE
COMMISSION SHALL PUBLISH A REPORT OF VALIDATION USING
20170SB0449PN1424 - 3 -
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