H1538B1955A05296 AJB:EJH 04/28/20 #90 A05296
AMENDMENTS TO HOUSE BILL NO. 1538
Sponsor: SENATOR BAKER
Printer's No. 1955
Amend Bill, page 1, lines 6 and 7, by striking out all of
said lines and inserting
Section 1. Section 6139(a) and (b) of Title 61 of the
Pennsylvania Consolidated States, amended December 18, 2019
(P.L.776, No.115), are amended to read:
Amend Bill, page 1, line 10, by striking out all of said line
and inserting
(1) The board may, subject to the provisions and
limitations set forth in section 6138 (relating to violation
of terms of parole), grant paroles of its own motion whenever
in its judgment the interests of justice require the granting
of these paroles.
(2) The board shall consider applications for parole by
an inmate or the inmate's attorney.
(3) Notwithstanding the provisions of paragraph (2), the
board shall not be required to consider nor dispose of an
application by an inmate or an inmate's attorney where a
parole decision has been issued by the board on that case
within one year of the date of the current application for
parole.
(3.1) Notwithstanding paragraphs (2) and (3), the board
shall not be required to consider nor to dispose of an
application by an inmate or an inmate's attorney in the case
of an inmate sentenced under 18 Pa.C.S. § 1102.1 (relating to
sentence of persons under the age of 18 for murder, murder of
an unborn child and murder of a law enforcement officer) if a
parole decision has been issued by the board within five
years of the date of the current application.
(3.2) Nothing under this section shall be interpreted as
granting a right to be paroled to any person, and a decision
by the board and its designees relating to a person sentenced
under 18 Pa.C.S. § 1102.1 may not be considered an
adjudication under 2 Pa.C.S. Chs. 5 Subch. A (relating to
practice and procedure of Commonwealth agencies) and 7 Subch.
A (relating to judicial review of Commonwealth agency
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action).
Amend Bill, page 2, by inserting between lines 1 and 2
Section 2502(c) (relating to murder).
Section 2503 (relating to voluntary
manslaughter).
Amend Bill, page 3, by inserting between lines 11 and 12
(4) Hearings of applications shall be held by the board
whenever in its judgment hearings are necessary. Reasonable
rules and regulations shall be adopted by the board for the
presentation and hearing of applications for parole.
(5) Whenever an inmate is paroled by the board, whether
of its own motion or after hearing of an application for
parole, or whenever an application for parole is refused by
the board, a brief statement of the reasons for the board's
action shall be filed of record in the offices of the board
and shall be at all reasonable times open to public
inspection.
(6) In no case shall a parole be granted, or an
application for parole be dismissed, unless a board member,
hearing examiner or other person so designated by the board
shall have seen and heard the parolee in person in regard
thereto within six months prior to the granting or dismissal
thereof. This requirement does not apply to paroles under
section 6137.1 (relating to short sentence parole).
(7) The board shall dispose of the application within
six months of its filing.
(b) Reliance on reports.--In granting and revoking paroles
and in discharging from parole, the members of the board acting
thereon shall not be required to personally hear or see all the
witnesses and evidence submitted to them for their action, but
they may act on the report submitted to them by their agents and
employees, together with any pertinent and adequate information
furnished to them by fellow members of the board or by others.
In granting or revoking parole or bringing an alleged parole
violator before a hearing examiner, the appearance may be
conducted via videoconferencing or similar virtual presence
technology. [This subsection shall not apply to victim input
under section 6140 (relating to victim statements, testimony and
participation in hearing).] Notwithstanding any other provision
of law to the contrary, a hearing examiner, hearing officer or
member of the board charged with making the parole release
decision shall be required to hear and see in person, without
the use of videoconferencing or similar virtual presence
technology, any in-person victim testimony under section 6140
(relating to victim statements, testimony and participation in
hearing) or under section 502(b) of the act of November 24, 1998
(P.L.882, No.111), known as the Crime Victims Act. Nothing in
this section shall be construed to limit or reduce the rights of
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victims under section 6140 or under section 502(b) of the Crime
Victims Act.
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