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House of Representatives
Session of 2015 - 2016 Regular Session

MEMORANDUM

Posted:	December 11, 2014 03:49 PM
From:	Representative Ron Marsico
To:	All House members
Subject:	Probation Tail for Sex Offenders - Previous HB 2465

Inmates who are released from prison because they have served the maximum sentence imposed by the court are not normally subject to any supervision by state parole or the court. Even if paroled before maxing out, the period of parole supervision may be short, depending on how close to their maximum term they were released. According to data from the PA Sentencing Commission, sex offenders are the most likely inmates to serve the full maximum term or close to it before being released. There are various reasons for this but a significant percentage of maxed-out sex offenders remain incarcerated until the end of their term because they have refused to take responsibility for their crimes or have failed to cooperate with treatment and other rehabilitation programs during confinement. These people pose a serious risk to public safety when they are released back into the community without a level of supervision to monitor their transition. Megan’s Law, which requires registration as a sex offender, may provide law enforcement and the community with information about their residence, work and school locations. But without parole or probation supervision there is little way of knowing whether a serious sex offender is making an appropriate adjustment from incarceration to freedom and there are no consequences for failing to engage in positive efforts to turn their life around unless the person commits another crime. To address this problem, I plan to introduce the attached legislation which will require the court to impose a mandatory three year probation period consecutive to any term of total confinement for a person convicted of a Tier III sex offense under Pennsylvania’s Adam Walsh Act. Under existing law, the court will have the flexibility to order supervision by the PA Board of Probation and Parole, or county probation. If a person is paroled and adequately adjusts to freedom under parole supervision, current law would permit the court to modify or even terminate probation supervision. I believe that mandatory supervision either by the court or the Board of Probation and Parole will enhance public safety by permitting better monitoring a convicted sex offender’s daily activities. If the person does not comply with the terms of supervised release, of course, he may be found in violation and returned to prison for the balance of the period of supervision. Please join me in cosponsoring this legislation.

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