S0501B0692A04173 NAD:EJH 12/05/19 #90 A04173
AMENDMENTS TO SENATE BILL NO. 501
Sponsor: REPRESENTATIVE KAUFFMAN
Printer's No. 692
Amend Bill, page 1, lines 3 and 4, by striking out "further
providing for powers and duties," and inserting
providing for commission, for composition of commission and for
powers and duties of commission,
Amend Bill, page 1, line 8, by inserting after "instrument;"
in judgments and other liens, further providing for personal
earnings exempt from process;
Amend Bill, page 1, line 8, by inserting after "for"
sentences for offenses against infant persons, for
Amend Bill, page 1, line 9, by inserting after "generally,"
for collection of restitution, reparation, fees, costs, fines
and penalties, for payments of court costs, restitution and
fines,
Amend Bill, page 1, line 26, by inserting after
"definitions,"
for sentencing,
Amend Bill, page 1, line 26, by inserting after "reports"
; in miscellaneous provisions, further providing for
confidentially of victim information
Amend Bill, page 1, line 30, by inserting after "parole"
and for reentry supervision
Amend Bill, page 1, line 31, by striking out "and" where it
occurs the first time and inserting a comma
Amend Bill, page 1, line 31, by inserting after "procedure"
and for victim statements, testimony and participation in
hearing and providing for parolee homicide review; in county
probation officers' firearm education and training, further
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providing for County Probation Officers' Firearm Education
and Training Commission and for commission membership
Amend Bill, page 1, line 31, by striking out "and" where it
occurs the second time
Amend Bill, page 1, line 32, by inserting after "amendments"
; and making a related repeal
Amend Bill, page 2, lines 3 through 30; page 3, lines 1
through 23; by striking out all of said lines on said pages and
inserting
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding sections to read:
§ 2151.2. Commission.
(a) Continuation.--The commission is continued as an agency
of the General Assembly.
(b) Seal.--The commission shall have a seal engraved with
the commission's name and such other inscription as may be
specified by regulation of the commission.
§ 2152. Composition of commission.
(a) Members.--The Pennsylvania Commission on Sentencing
shall consist of the following:
(1) One individual selected by the Speaker of the House
of Representatives, who shall be a district attorney.
(2) One individual selected by the President pro tempore
of the Senate, who shall be a defense attorney.
(3) Two judges of courts of record selected by the Chief
Justice of Pennsylvania.
(4) Two judges of courts of record, one of whom shall be
selected by the President Judge of Commonwealth Court and one
of whom shall be selected by the President Judge of the
Superior Court.
(5) One individual selected by the Chief Justice of
Pennsylvania, who shall be a professor of law knowledgeable
in criminal sentencing.
(6) One member of the Senate selected by the President
pro tempore of the Senate.
(7) One member of the Senate selected by the Minority
Leader of the Senate.
(8) One member of the House of Representatives selected
by the Majority Leader of the House of Representatives.
(9) One member of the House of Representatives selected
by the Minority Leader of the House of Representatives.
(b) Ex officio members.--The Secretary of Corrections and
the chairperson of the board, during their tenure in their
respective positions, shall serve as ex officio nonvoting
members of the commission.
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(c) Terms of office.--The members of the commission shall
serve for terms of two years and until a successor has been
selected and qualified. A vacancy on the commission shall be
filled for the balance of the term.
(d) Chairperson and Executive Director.--The commission
shall select a chairperson from its members and an Executive
Director. The chairperson shall:
(1) Preside at meetings of the commission.
(2) Direct the preparation of requests for
appropriations for the commission and the use of funds made
available to the commission.
(e) Meetings and quorum.--
(1) The commission shall meet at least four times a year
and not less than semiannually to establish the commission's
general policies and rules.
(2) The commission shall be deemed an "agency" within
the meaning of and shall be subject to the provisions of 65
Pa.C.S. Ch. 7 (relating to open meetings).
(3) Seven commissioners shall constitute a quorum for
the purpose of adopting proposed initial and subsequent
guidelines. A majority of commissioners shall constitute a
quorum for all other purposes.
(4) Minutes of meetings shall be kept by the Executive
Director and filed at the executive office of the commission.
(f) Records of action.--Except as otherwise provided by law,
the commission shall maintain and make available for public
inspection a record of the final vote of each member on any
action taken by the commission.
(g) Expenses.--Each commissioner shall be entitled to
reimbursement for each commissioner's accountable expenses
incurred while engaged in the business of the commission.
(h) Competency to testify.--In a judicial, administrative or
similar proceeding, a commissioner or commission staff shall not
be competent to testify and may not be required to produce
records or other discovery as to any statement, conduct,
decision or deliberation occurring during the course of official
business, to the same extent as a legislator or legislative
staff of this Commonwealth acting in a legislative capacity.
§ 2153. Powers and duties of commission.
(a) Powers and duties.--The commission, in accordance with
the rules and regulations of the commission, shall have the
powers to:
(1) Establish general policies and promulgate such rules
and regulations for the commission as are necessary to
administer this subchapter and Chapter 97 (relating to
sentencing).
(2) Utilize, with the consent of Federal, State, local
and private agencies and instrumentalities, the services,
equipment, personnel, information and facilities of the
Federal, State, local and private agencies and
instrumentalities with or without reimbursement.
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(3) Enter into and perform such contracts, leases,
cooperative agreements and other transactions as may be
necessary in the conduct of the functions of the commission,
with any public agency or with any person, firm, association,
corporation, educational institution or nonprofit
organization.
(4) Request such information, data and reports from any
officer or agency of the Commonwealth as the commission may
from time to time require and as may be produced consistent
with any other Federal or State law.
(5) Arrange with the head of any government unit for the
performance by the government unit of any function of the
commission, with or without reimbursement.
(6) Issue invitations requesting the attendance and
testimony of witnesses and the production of any evidence
that relates directly to a matter with respect to which the
commission or any member thereof is empowered to make a
determination under this subchapter.
(7) Establish a research and development program within
the commission for the purpose of:
(i) Serving as a clearinghouse and information
center for the collection, preparation and dissemination
of information on Commonwealth sentencing, resentencing
and parole practices.
(ii) Assisting and serving in a consulting capacity
to the board, State courts, departments and agencies in
the development, maintenance and coordination of sound
sentencing, resentencing and parole practices.
(8) Collect systematically the data obtained from
studies, research and the empirical experience of public and
private agencies concerning the sentencing processes.
(9) Publish data concerning the sentencing and parole
processes.
(10) Collect systematically and disseminate information
concerning parole dispositions and sentences actually
imposed, including initial sentences and any subsequent
modification of sentences or resentences following revocation
or remand, and parole and reparole decisions by the board and
any other parole authority.
(11) Collect systematically and disseminate information
regarding effectiveness of parole dispositions and sentences
imposed.
(12) Make recommendations to the General Assembly
concerning modification or enactment of sentencing, parole
and correctional statutes which the commission finds to be
necessary and advisable to carry out an effective, humane and
rational sentencing, resentencing and parole policy.
(13) Establish a plan and timetable to collect and
disseminate information relating to incapacitation,
recidivism, deterrence and overall effectiveness of sentences
and parole dispositions imposed.
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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 a release in
accordance with 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 in accordance with 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.
(16) Report to the General Assembly on:
(i) implementation of revisions to the guidelines
under sections 2154 (relating to adoption of guidelines
for sentencing) and 2154.1 (relating to adoption of
guidelines for county intermediate punishment);
(ii) implementation and outcomes of justice
reinvestment funding to county probation;
(iii) use of court-imposed sanctions for violation
of probation under section 9771.1 (relating to court-
imposed sanctions for offenders violating probation);
(iv) in consultation with the Office of the Budget
and the Department of Corrections, implementation of
short sentence parole under 61 Pa.C.S. § 6137.1 (relating
to short sentence parole), use of the State Drug
Treatment Program under 61 Pa.C.S. Ch. 41 (relating to
State drug treatment program) and use of sanctions for
technical parole violations under 61 Pa.C.S. § 6138(c)
(1.2) (relating to violation of terms of parole); and
(v) evaluations of the effectiveness and cost-
benefit of various criminal justice interventions and
programming, including restrictive conditions of
probation, recidivism risk reduction incentive programs,
the State Drug Treatment Program, the State Motivational
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Boot Camp Program, pretrial diversion programs, prisoner
treatment programs and prison reentry programs. For
evaluations of the effectiveness and cost-benefit of a
program in reducing recidivism, the commission shall
report on:
(A) The number of individuals eligible for the
program, the number of individuals participating in
the program and the number of individuals who
successfully completed the program during the period
under study.
(B) The recidivism rates for participants of the
program and for a comparison group of individuals who
did not participate in the program.
(C) Potential changes in the program that the
commission believes would make the program more
effective.
(D) Any other information the commission deems
relevant.
(b) Annual reports.--The commission shall report annually to
the Governor, the General Assembly and the Administrative Office
of Pennsylvania Courts on the activities of the commission.
(c) Additional powers and duties.--The commission shall have
such other powers and duties and shall perform such other
functions as may be necessary to carry out the purposes of this
subchapter or as may be provided under any other provision of
State law and may delegate to any commissioner or designated
person such powers as may be appropriate other than the power to
establish general policies, guidelines, rules and factors under
subsection (a)(1).
Amend Bill, page 4, line 6, by striking out all of said line
and inserting
rehabilitative needs of the offender.
(b) Factors.--The guidelines shall
Amend Bill, page 5, line 1, by inserting a bracket before
"(b)"
Amend Bill, page 5, line 1, by inserting after "(b)"
] (c)
Amend Bill, page 5, lines 8 through 12, by striking out all
of said lines and inserting
(d) Probation guidelines.--The guidelines shall address the
use of county intermediate punishment programs as restrictive
conditions of probation and the duration of terms of probation.
Amend Bill, page 5, line 13, by striking out "(c)" and
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inserting
(e)
Amend Bill, page 5, line 14, by striking out the comma after
"risk" and inserting
and
Amend Bill, page 5, line 15, by striking out "and cost"
Amend Bill, page 5, line 16, by striking out "(d)" and
inserting
(f)
Amend Bill, page 6, line 9, by inserting after "compliance"
by each county
Amend Bill, page 6, line 12, by inserting after
"requirements"
and section 9728(g.1) (relating to collection of
restitution, reparation, fees, costs, fines and penalties)
Amend Bill, page 6, line 30, by inserting after "2154.7(d),"
8127(b), 9718,
Amend Bill, page 6, line 30, by inserting after "(b),"
9728(a)(2) and (b)(5), 9730,
Amend Bill, page 7, line 1, by striking out "(b)(14)" and
inserting
(b)(1), (2), (8), (10), (14)
Amend Bill, page 7, line 14, by inserting after "treatment "
§ 8127. Personal earnings exempt from process.
* * *
(b) Priority.--An order of attachment for support shall have
first priority and an order described in subsection (a)(5) shall
have second priority over any other attachment, execution,
garnishment or wage assignment.
* * *
§ 9718. Sentences for offenses against infant persons.
(a) Mandatory sentence.--
(1) A person convicted of the following offenses when
the victim is less than 16 years of age shall be sentenced to
a mandatory term of imprisonment as follows:
18 Pa.C.S. § 2702(a)(1) and (4) (relating to aggravated
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assault) - not less than two years.
18 Pa.C.S. § 3121(a)(1), (2), (3), (4) and (5) (relating
to rape) - not less than ten years.
18 Pa.C.S. § 3123 (relating to involuntary deviate sexual
intercourse) - not less than ten years.
18 Pa.C.S. § 3125(a)(1) through (6) (relating to
aggravated indecent assault) - not less than five years.
(2) A person convicted of the following offenses when
the victim is less than 13 years of age shall be sentenced to
a mandatory term of imprisonment as follows:
18 Pa.C.S. § 2502(c) (relating to murder) - not less than
15 years.
18 Pa.C.S. § 2702(a)(1) - not less than five years.
(3) A person convicted of the following offenses shall
be sentenced to a mandatory term of imprisonment as follows:
18 Pa.C.S. § 3121(c) and (d) - not less than ten years.
18 Pa.C.S. § 3125(a)(7) - not less than five years.
18 Pa.C.S. § 3125(b) - not less than ten years.
(b) Eligibility for parole.--Parole shall not be granted
until the minimum term of imprisonment has been served.
(c) [Proof at sentencing.--The provisions of this section
shall not be an element of the crime, and notice of the
provisions of this section to the defendant shall not be
required prior to conviction, but reasonable notice of the
Commonwealth's intention to proceed under this section shall be
provided after conviction and before sentencing. The
applicability of this section shall be determined at sentencing.
The court shall consider any evidence presented at trial and
shall afford the Commonwealth and the defendant an opportunity
to present any necessary additional evidence and shall
determine, by a preponderance of the evidence, if this section
is applicable.] Application of mandatory minimum penalty.--With
the exception of prior convictions, any provision of this
section that requires imposition of a mandatory minimum sentence
shall constitute an element enhancing the underlying offense.
Any enhancing element must be proven beyond a reasonable doubt
at trial on the underlying offense and must be submitted to the
fact-finder for deliberation together with the underlying
offense. If the fact-finder finds the defendant guilty of the
underlying offense, the fact-finder shall also decide whether
any enhancing element has been proven.
(c.1) Notice.--Notice to the defendant of the applicability
of this section shall be required prior to conviction.
(d) Authority of court in sentencing.--There shall be no
authority in any court to impose on an offender to which this
section is applicable any lesser sentence than provided for in
subsection (a) or to place the offender on probation or to
suspend sentence. Nothing in this section shall prevent the
sentencing court from imposing a sentence greater than that
provided in this section. Sentencing guidelines promulgated by
the Pennsylvania Commission on Sentencing shall not supersede
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the mandatory sentences provided in this section.
(e) Appeal by Commonwealth.--[If a sentencing court
refuses to apply this section where applicable, the
Commonwealth shall have the right to appellate review of the
action of the sentencing court. The appellate court shall
vacate the sentence and remand the case to the sentencing
court for imposition of a sentence in accordance with this
section if it finds that the sentence was imposed in
violation of this section.] If the fact-finder has found any
enhancing element and a sentencing court imposes a sentence
below the mandatory minimum sentence, the Commonwealth shall
have the right to appellate review of the sentence. If the
appellate court finds that the mandatory sentencing provision
was applicable, the court shall vacate the sentence and
remand the case for resentencing in accordance with that
provision.
Amend Bill, page 9, by inserting between lines 25 and 26
§ 9728. Collection of restitution, reparation, fees, costs,
fines and penalties.
(a) General rule.--
* * *
(2) In accordance with section 9730.1 (relating to
collection of court costs, restitution and fines by private
collection agency), the collection of restitution,
reparation, fees, costs, fines and penalties under this
section may be referred to a private collection agency. Any
county that does not engage the services of a private
collection agency shall operate a collections enforcement
unit consistent with the provisions of paragraph (1) and
dedicated to carrying out the duties therein provided.
Statistical information relating to the amount of restitution
collected by the county probation department or any agent
designated by the county commissioners of the county with the
approval of the president judge of the county shall be [made
available] provided to the Pennsylvania Commission on Crime
and Delinquency and Pennsylvania Commission on Sentencing on
an annual basis. The statistical information shall be
sufficiently detailed so as to show compliance with the
requirements of this section, including subsection (g.1).
(b) Procedure.--
* * *
(5) Deductions shall be as follows:
(i) The [county correctional facility to which the
offender has been sentenced or the] Department of
Corrections shall [be authorized to] make monetary
deductions [from] of at least 25% of deposits made to
inmate wages and personal accounts for the purpose of
collecting restitution [or], costs imposed under section
9721(c.1), filing fees to be collected under section
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6602(c) (relating to prisoner filing fees) and any other
court-ordered obligation. [or costs imposed under section
9721(c.1). Any amount deducted shall be transmitted by
the Department of Corrections or the county correctional
facility to the probation department of the county or
other agent designated by the county commissioners of the
county with the approval of the president judge of the
county in which the offender was convicted. The
Department of Corrections shall develop guidelines
relating to its responsibilities under this paragraph.]
(ii) The county correctional facility to which the
offender has been sentenced shall:
(A) Be authorized to make monetary deductions
from inmate wages and personal accounts for the
purpose of collecting restitution, costs imposed
under section 9721(c.1), filing fees to be collected
under section 6602(c) and any other court-ordered
obligation or fees owed to the county jail or prison
related to the inmate's incarceration.
(B) Deduct an amount sufficient to satisfy any
outstanding restitution, costs imposed under section
9721(c.1), filing fees to be collected under section
6602(c) or other court-ordered obligations before
releasing funds on deposit.
(iii) Any amount deducted under this paragraph shall
be in addition to the full amount authorized to be
collected pursuant to any order for support. Any amount
deducted shall be transmitted to the probation department
of the county or other agent designated by the county
commissioners with the approval of the president judge of
the county in which the offender was convicted.
(iv) The Department of Corrections and each county
correctional facility shall develop guidelines relating
to its responsibilities under this paragraph. The
guidelines shall be incorporated into any contract
entered into with a correctional facility.
* * *
§ 9730. Payment of court costs, restitution and fines.
(a) [Use of credit cards] Method of payment.--The treasurer
of each county may allow the use of credit cards and bank cards
in the payment of court costs, restitution and fines[.] and may
provide for automatic periodic deductions from a bank account,
subject to the agreement of the owner of the account.
(a.1) Wage attachment.--A court may, at sentencing, assign
an amount not greater than 25% of the defendant's gross salary,
wages or other earnings to be used for the payment of court
costs, restitution or fines.
(b) Procedures regarding default.--
(1) If a defendant defaults in the payment of [a fine,]
court costs [or], restitution or fines after imposition of
sentence, the issuing authority or a senior judge or senior
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magisterial district judge appointed by the president judge
for the purposes of this section may conduct a hearing to
determine whether the defendant is financially able to pay.
(2) If the issuing authority, senior judge or senior
magisterial district judge determines that the defendant is
financially able to pay the [fine or] costs, restitution or
fine, the issuing authority, senior judge or senior
magisterial district judge may enter an order for wage
attachment, turn the delinquent account over to a private
collection agency or impose imprisonment for nonpayment, as
provided by law.
(3) If the issuing authority, senior judge or senior
magisterial district judge determines that the defendant is
without the financial means to pay the [fine or] costs,
restitution or fine immediately or in a single remittance,
the issuing authority, senior judge or senior magisterial
district judge may provide for payment in installments. In
determining the appropriate installments, the issuing
authority, senior judge or senior magisterial district judge
shall consider the defendant's financial resources, the
defendant's ability to make restitution and reparations and
the nature of the burden the payment will impose on the
defendant. If the defendant is in default of a payment or
advises the issuing authority, senior judge or senior
magisterial district judge that default is imminent, the
issuing authority, senior judge or senior magisterial
district judge may schedule a rehearing on the payment
schedule. At the rehearing the defendant has the burden of
proving changes of financial condition such that the
defendant is without the means to meet the payment schedule.
The issuing authority, senior judge or senior magisterial
district judge may extend or accelerate the schedule, leave
it unaltered or sentence the defendant to a period of
community service as the issuing authority, senior judge or
senior magisterial district judge finds to be just and
practicable under the circumstances.
(4) A decision of the issuing authority, senior judge or
senior magisterial district judge under paragraph (2) or (3)
is subject to section 5105 (relating to right to appellate
review).
Amend Bill, page 11, line 20, by inserting after "probation)"
as it deems necessary to ensure or assist the defendant
in leading a law-abiding life
Amend Bill, page 13, line 30, by striking out all of said
line and inserting
(1) To meet family responsibilities, including
consideration of child care responsibilities and limitations.
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(2) To be devoted to a specific occupation [or],
employment or education initiative.
* * *
[(8) To refrain from frequenting unlawful or
disreputable places or consorting with disreputable persons.]
* * *
(10) To make restitution of the fruits of the crime or
to make reparations, in an affordable amount and on a
schedule that the defendant can afford to pay, for the loss
or damage caused by the crime.
* * *
Amend Bill, page 15, lines 18 through 22, by striking out all
of said lines
Amend Bill, page 17, line 8, by inserting after "probation"
or if the person presents an identifiable threat to public
safety
Amend Bill, page 25, line 19, by inserting a bracket before
"requiring"
Amend Bill, page 25, line 19, by inserting after
"registration"
] listed
Amend Bill, page 26, line 9, by inserting after
"penalties).]"
18 Pa.C.S. § 2502 (relating to murder),
Amend Bill, page 26, line 12, by striking out the period
after "offenses)" and inserting
or criminal attempt, criminal solicitation or criminal
conspiracy to commit any of these offenses.
Amend Bill, page 27, line 29, by inserting after "section"
3 or
Amend Bill, page 29, line 7, by inserting after "3,4-
methylenedioxy-N-ethylamphetamine;"
or
Amend Bill, page 29, line 11, by striking out "FENTENYL"
where it occurs the first time and inserting
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Fentanyl
Amend Bill, page 29, line 11, by striking out "FENTENYL"
where it occurs the second time and inserting
Fentanyl
Amend Bill, page 29, line 13, by striking out "FENTENYL" and
inserting
Fentanyl
Amend Bill, page 29, line 13, by striking out "50" and
inserting
10
Amend Bill, page 29, by inserting between lines 13 and 14
(8) Carfentanil or a mixture containing carfentanil, if
the aggregate weight of the compound or mixture containing
the carfentanil is one gram or more.
Amend Bill, page 30, line 16, by inserting a bracket before
"requiring"
Amend Bill, page 30, line 16, by inserting after
"registration"
] listed
Amend Bill, page 31, line 7, by inserting after
"penalties).]"
18 Pa.C.S. § 2502 (relating to murder),
Amend Bill, page 31, line 9, by striking out the period after
"offenses)" and inserting
or criminal attempt, criminal solicitation or criminal
conspiracy to commit any of these offenses.
Amend Bill, page 33, line 20, by inserting a bracket before
the period after "program"
Amend Bill, page 33, line 20, by inserting after "program."
], public safety would be enhanced by the person's
participation in the State drug treatment program, and
placement of the person in the State drug treatment program
would not depreciate the seriousness of the offense.
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Amend Bill, page 42, line 6, by inserting a bracket before
the period after "nation"
Amend Bill, page 42, line 6, by inserting after "nation."
] or criminal attempt, criminal solicitation or criminal
conspiracy to commit any of these offenses.
Amend Bill, page 42, line 8, by inserting a bracket before
"an"
Amend Bill, page 42, line 9, by inserting after "commit"
] criminal attempt, criminal solicitation or criminal
conspiracy to commit murder, a crime of violence as defined
in 42 Pa.C.S. § 9714(g) (relating to sentences for second and
subsequent offenses) or
Amend Bill, page 42, line 23, by inserting after "nation"
or criminal attempt, criminal solicitation or criminal
conspiracy to commit any of these offenses
Amend Bill, page 43, line 1, by inserting a bracket before
"for"
Amend Bill, page 43, line 1, by inserting after "required"
] listed
Amend Bill, page 43, by inserting between lines 18 and 19
Section 13.1. Section 4505(c)(2) of Title 61 is amended to
read:
§ 4505. Sentencing.
* * *
(c) Recidivism risk reduction incentive minimum sentence.--
If the court determines that the defendant is an eligible
offender or the prosecuting attorney has waived the eligibility
requirements under subsection (b), the court shall enter a
sentencing order that does all of the following:
* * *
(2) Imposes the recidivism risk reduction incentive
minimum sentence. Prior to sentencing, the court shall direct
the department to calculate the length of the sentence. The
recidivism risk reduction incentive minimum shall be equal to
three-fourths of the minimum sentence imposed when the
minimum sentence is three years or less. The recidivism risk
reduction incentive minimum shall be equal to five-sixths of
the minimum sentence if the minimum sentence is greater than
three years. For purposes of these calculations, partial days
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shall be rounded to the nearest whole day. In determining the
recidivism risk reduction incentive minimum sentence, the
aggregation provisions of 42 Pa.C.S. §§ 9757 (relating to
consecutive sentences of total confinement for multiple
offenses) and 9762(f) (relating to sentencing proceeding;
place of confinement) shall apply[.] and the recidivism risk
reduction incentive minimum sentence shall be recalculated
following the aggregation of consecutive sentences. An
offender determined by the court to be ineligible for a
recidivism risk reduction incentive minimum sentence for any
of the sentences subject to aggregation shall be ineligible
for a recidivism risk reduction incentive minimum sentence
for the aggregated sentence.
* * *
Amend Bill, page 46, by inserting between lines 15 and 16
Section 14.1. Section 5906(a) introductory paragraph of
Title 61 is amended to read:
§ 5906. Confidentiality of victim information.
(a) General rule.--Notwithstanding any other provision of
law, any and all statements or testimony of the victim [or] and
of any family member submitted to the department shall be:
* * *
Amend Bill, page 48, line 22, by inserting after "6137(a)(1)"
and (g)
Amend Bill, page 50, by inserting between lines 28 and 29
(g) Procedure.--
(1) The department shall identify all inmates committed
to the custody of the department that meet the definition of
an eligible offender.
(2) Upon identification of an inmate as an eligible
offender, the department shall send notice to the board. The
board shall send notice to the prosecuting attorney and the
court no less than six months before the expiration of the
inmate's minimum sentence indicating that the department has
preliminarily identified the inmate as an eligible offender.
The notice shall be sent by United States mail unless the
board, the court and the prosecutor have consented to receipt
of notice via electronic means. For inmates committed to the
department whose expiration of the minimum sentence is six
months or less from the date of admission, the department
shall give prompt notice.
(2.1) The department shall provide the board all
information related to the inmate's adjustment while
incarcerated, misconducts, if any, information related to
programming and treatment, including success, completion or
failure to complete, or any other information the department
deems relevant. The board shall send such information to the
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prosecuting attorney and to the court no less than six months
before the expiration of the inmate's minimum sentence. The
notice may be sent electronically. For inmates committed to
the department whose expiration of the minimum sentence is
six months or less from the date of admission, such
information shall be sent at the same time prompt notice
under paragraph (2) is given.
(3) Within 30 days of receipt of notice under paragraph
(2), the court or prosecuting attorney may file a written
objection to the department's preliminary identification of
the inmate as an eligible offender. Notice of the objection
shall be provided to the department and the board.
(4) If no notice of objection has been filed under
paragraph (3), the board or its designee shall approve for
parole at the expiration of the eligible offender's minimum
date upon a determination that all of the following apply:
(i) The department certified that the inmate has
maintained a good conduct record and continues to remain
an eligible offender.
(ii) The reentry plan for the inmate is adequate.
(iii) Individual conditions and requirements for
parole have been established.
(iv) There is no reasonable indication that the
inmate poses a risk to public safety.
(5) If the court or prosecuting attorney files a timely
objection under paragraph (3), the board shall make a
determination as to whether the inmate is an eligible
offender. The board shall notify the department, prosecuting
attorney and court of its determination no later than 30 days
prior to the minimum parole date. If the board determines
that the inmate is an eligible offender under this chapter,
the board shall follow the provisions under paragraph (4). If
the board determines that the inmate is not an eligible
offender under section 4503 (relating to definitions), the
board shall retain exclusive jurisdiction to grant parole and
shall determine whether the inmate should be paroled at the
minimum date, paroled at a later date or denied parole.
(6) Nothing in this subsection shall be construed as
granting a right to be paroled to any person, and any
decision by the board and its designees or the department,
under this section shall not be considered an adjudication
under 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and
procedure of Commonwealth agencies) and Ch. 7 Subch. A
(relating to judicial review of Commonwealth agency action).
(7) Except as provided under this subsection, nothing in
this chapter shall otherwise affect the powers and duties of
the board or the department.
* * *
Amend Bill, page 50, line 29, by striking out "a section" and
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inserting
sections
Amend Bill, page 51, by inserting between lines 13 and 14
(1.1) persons committed for or with an aggregate
sentence containing a crime of violence, or any criminal
attempt, criminal solicitation or criminal conspiracy to
commit a crime of violence as defined in 42 Pa.C.S. § 9714(g)
(relating to sentences for second or subsequent offenses);
Amend Bill, page 51, line 17, by inserting after "firearms)"
or a criminal attempt, criminal solicitation or criminal
conspiracy to commit the offense
Amend Bill, page 51, line 25, by inserting after "articles)"
or a criminal attempt, criminal solicitation or criminal
conspiracy to commit the offense
Amend Bill, page 52, line 5, by inserting after "nation"
, including a criminal attempt, criminal solicitation or
criminal conspiracy to commit the offense
Amend Bill, page 52, line 13, by striking out "for which
registration is required" and inserting
listed
Amend Bill, page 52, line 16, by striking out "for which
registration is required" and inserting
listed
Amend Bill, page 52, line 26, by inserting after
"penalties);"
persons committed for or with an aggregate sentence
containing an offense of
Amend Bill, page 52, line 27, by striking out the semicolon
after "DEFINITIONS)" and inserting
or a criminal attempt, criminal solicitation or criminal
conspiracy to commit drug trafficking as defined in section
4103;
Amend Bill, page 53, line 1, by striking out "or"
Amend Bill, page 53, lines 4 through 16, by striking out all
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of said lines and inserting
;
(8) persons convicted of any criminal offense while
incarcerated; or
(9) any person who the board, in its discretion,
determines should be excluded from this section because:
(i) there exists an identifiable threat to public
safety; or
(ii) inclusion substantially jeopardizes the
rehabilitative needs of the person.
(b) Approval of parole.--The board shall, without requiring
an interview, approve for parole a person eligible for short
sentence parole under this section at the expiration of the
person's minimum date or recidivism risk reduction incentive
minimum date, whichever is shorter. If the person was committed
to the department after expiration of the person's minimum date,
the board shall approve the person for parole within 30 days
after commitment to the department.
(b.1) Misconduct.--Notwithstanding subsection (b), a person
shall not be eligible for short sentence parole under this
section if the person has:
(1) been found guilty of a major disciplinary infraction
while confined in a county correctional institution or State
correctional institution; or
(2) a pending felony charge or outstanding felony arrest
warrant or detainer, except that this section may be applied
to allow a person to be paroled to a detainer related to an
underlying felony charge.
Amend Bill, page 53, line 26, by striking out "individuals"
and inserting
persons
Amend Bill, page 54, line 4, by striking out "chairman of
the"
Amend Bill, page 54, line 20, by striking out "HARM" and
inserting
injury
Amend Bill, page 54, line 21, by striking out "AND" and
inserting
or
Amend Bill, page 54, by inserting between lines 22 and 23
§ 6137.2. Reentry supervision.
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(a) General rule.--This section applies to persons committed
to the department with a minimum sentence of total confinement
under 42 Pa.C.S. § 9756(b) (relating to sentence of total
confinement) of 4 years or more. Regardless of the sentence
imposed, this section does not apply to persons sentenced to
death, life imprisonment or persons otherwise ineligible for
parole.
(b) Reentry supervision.--Any person under subsection (a)
shall be sentenced to a period of reentry supervision of 12
months consecutive to and in addition to any other lawful
sentence issued by the court.
(c) Parole granted.--Persons who have been granted any
period of parole by the parole board during the same period of
incarceration shall be deemed to have served the requirements of
this section.
(d) Supervision.--A person released to reentry supervision
shall be considered to be released on parole.
(e) Imposition.--The court shall impose reentry supervision
in addition to the maximum sentence permitted for the offense
for which the defendant was convicted.
(f) Applicability.--This section shall only apply to persons
sentenced after the effective date of this section.
Amend Bill, page 54, line 23, by striking out "6138(c)" and
inserting
6138(c)(1) and (1.1)
Amend Bill, page 54, line 23, by striking out "is" and
inserting
are
Amend Bill, page 54, line 23, by inserting after "amended"
and the subsections (a) and (c) are amended
Amend Bill, page 54, line 24, by striking out "a paragraph"
and inserting
paragraphs
Amend Bill, page 54, line 26, by striking out all of said
line and inserting
(a) Convicted violators.--
* * *
(1.1) In addition to paragraph (1), a parolee under the
jurisdiction of the board released from a correctional
facility who, during the period of parole or while delinquent
on parole, commits a crime punishable by imprisonment for
which the parolee is convicted or found guilty by a judge or
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jury or to which the parolee pleads guilty or nolo contendere
or of any misdemeanor of the third degree or of any of the
following offenses where graded as a summary offense, may at
the discretion of the board be recommitted as a parole
violator:
(i) Possession of a firearm in a court facility
under 18 Pa.C.S. § 913(b)(3) (relating to possession of
firearm or other dangerous weapon in court facility).
(ii) Harassment under 18 Pa.C.S. § 2709 (relating to
harassment).
(iii) Retail theft under 18 Pa.C.S. § 3929 (relating
to retail theft).
(iv) Disorderly conduct under 18 Pa.C.S. § 5503
(relating to disorderly conduct).
(v) Public drunkenness under 18 Pa.C.S. § 5505
(relating to public drunkenness and similar misconduct).
(vi) Cruelty to animals under 18 Pa.C.S. § 5533
(relating to cruelty to animal).
(vii) Aiding or abetting a minor to commit truancy
under 18 Pa.C.S. § 6301 (relating to corruption of
minors).
(viii) Selling or furnishing nonalcoholic beverages
to minors under 18 Pa.C.S. § 6310.7 (relating to selling
or furnishing nonalcoholic beverages to persons under 21
years of age).
* * *
Amend Bill, page 54, lines 27 through 30; page 55, lines 1
through 30; page 56, line 1; by striking out all of said lines
on said pages and inserting
(c) Technical violators.--
(1) [A] Subject to paragraph (1.3), a parolee under the
jurisdiction of the board who violates the terms and
conditions of his parole, other than [by the commission of a
new crime of which the parolee is convicted or found guilty
by a judge or jury or to which the parolee pleads guilty or
nolo contendere in a court of record] a convicted violator
who has parole revoked under subsection (a), may be detained
pending a hearing before the board or waiver of the hearing
or recommitted after a hearing before the board or a waiver
of the hearing. Detention and recommitment under this
paragraph shall be in a community corrections center [or],
community corrections facility[, unless the board determines
that one of the following conditions is present:
(i) The violation was sexual in nature.
(ii) The violation involved assaultive behavior.
(iii) The violation involved possession or control
of a weapon.
(iv) The parolee has absconded, and the parolee
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cannot be safely diverted to a community corrections
center or community corrections facility.
(v) There exists an identifiable threat to public
safety, and the parolee cannot be safely diverted to a
community corrections center or community corrections
facility.
(1.1) If the board determines that a condition under
paragraph (1) applies, the parolee shall be detained in or
recommitted to a State correctional institution or contracted
county jail.] or any secured facility operated or contracted
by the department.
(1.2) Notwithstanding paragraph (1) and subject to
paragraph (1.3), a parolee under the jurisdiction of the
board who violates the terms and conditions of his parole,
other than a convicted violator who has parole revoked under
subsection (a), may be arrested and detained without
revocation of parole under a program to impose swift,
predictable and brief sanctions. The program shall provide
for immediate detention in a community corrections center,
community corrections facility or any secured facility
operated or contracted by the department for a period not to
exceed seven days. The board shall adopt procedures governing
appropriate detention under this paragraph, including
identifying which offenders are eligible for the program and
providing warnings to parolees to clearly communicate
expectations and consequences.
(1.3) If the board determines that one of the following
conditions is present regarding a parolee who violates the
terms and conditions of parole, the parolee shall not be
eligible for detention under paragraph (1.2) and shall be
detained in or recommitted to a State correctional
institution or contracted county jail:
(i) The violation was sexual in nature.
(ii) The violation involved assaultive behavior or
included a credible threat to cause bodily injury to
another.
(iii) The violation involved possession or control
of a weapon.
(iv) The parolee has absconded and the parolee
cannot be safely diverted to a community corrections
center, community corrections facility or any secured
facility operated or contracted by the department.
(v) There exists an identifiable threat to public
safety, and the parolee cannot be safely diverted to a
community corrections center, community corrections
facility or any secured facility operated or contracted
by the department.
(vi) The violation involved an intentional and
unexcused failure to adhere to recommended programming or
conditions on more than three occasions, and the parolee
cannot be safely diverted to a community corrections
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center, community corrections facility or any secured
facility operated or contracted by the department.
* * *
Amend Bill, page 56, line 29, by inserting after
"technology."
This subsection shall not apply to victim input under
section 6140 (relating to victim statements, testimony and
participation in hearing).
Amend Bill, page 56, by inserting after line 30
Section 22. Section 6140 of Title 61 is amended by adding a
subsection to read:
§ 6140. Victim statements, testimony and participation in
hearing.
* * *
(i) Victim or family member.--The term "victim or family
member" shall be interpreted and applied to include all victims
and family members and shall not be interpreted or applied to
exclude any victim, victim's representative or family member who
wishes to submit a statement, testify or otherwise participate
under this section.
Section 23. Chapter 61 of Title 61 is amended by adding a
subchapter to read:
SUBCHAPTER E
PAROLEE HOMICIDE REVIEW
Sec.
6161. Parolee Homicide Review Team.
6162. Members.
6163. Confidentiality.
6164. Regulations.
§ 6161. Parolee Homicide Review Team.
(a) Establishment.--The department shall establish the
Parolee Homicide Review Team, which shall examine circumstances
surrounding those who have committed criminal homicide while
under supervision by the board.
(b) Powers and duties.--The department, in cooperation with
the members of the Parolee Homicide Review Team, shall have the
following powers and duties in relation to the program:
(1) Collect, review and analyze all appropriate events
and issues surrounding and related to homicides committed by
those while under the supervision of the board.
(2) Identify compliance with applicable statutes,
regulations, guidelines, best practices, protocols and other
standards.
(3) Develop and recommend any appropriate changes in
applicable statutes, regulations, guidelines, best practices,
protocols and other standards.
(4) Review relevant and applicable issues related to the
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training of individuals who interact with those under the
supervision of the board and develop and recommend any
appropriate changes to such training.
(5) Review relevant and applicable issues related to
collaboration with other criminal justice agencies and
develop recommendations to address any systematic gaps in
supervision and public safety.
(6) Review relevant and applicable issues related to
treatment, counseling, services and reentry programs and
develop recommendations to improve case management of
individuals.
(7) Submit a report to the Governor and the chairperson
and minority chairperson of the Judiciary Committee of the
Senate and the chairperson and minority chairperson of the
Judiciary Committee of the House of Representatives by
September 30 of each year relating to the activities, review,
findings, analysis and recommendations of the Parolee
Homicide Review Team. The recommendations shall address all
issues identified under paragraphs (1), (2), (3), (4), (5)
and (6), as well as factors that are likely to improve
supervision practices, identify deficiencies in the system
and recommendations to address them in order to reduce
recidivism and improve public safety and strengthen
collaboration with criminal justice agencies.
(c) Nonhomicides.--The chair, in consultation with and
approval of the other members of the Parolee Homicide Review
Team, may include case reviews of nonhomicide cases if such
cases resulted in a serious breach of public safety and review
of such cases is necessary to maintain or improve the safety of
the public.
(d) Meetings.--The Parolee Homicide Review Team shall meet
no less than once per year, but as often as the chair deems
necessary to fulfill the duties of the Parolee Homicide Review
Team.
§ 6162. Members.
(a) Permanent members.--The Parole Homicide Review Team
shall consist of the following individuals or their designees:
(1) The Secretary of Corrections, who shall chair the
Parolee Homicide Review Team.
(2) The chair of the Board of Probation and Parole.
(3) The commissioner of the Pennsylvania State Police.
(4) Three district attorneys selected by the
Pennsylvania District Attorneys Association. Each district
attorney shall be from different regions of this
Commonwealth.
(5) Three chief county probation officers selected by
the County Probation Officers Association. Each chief county
probation officer shall be from different regions of this
Commonwealth.
(6) The executive director of the Pennsylvania
Commission on Sentencing.
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(7) The Attorney General.
(8) The executive director of the Pennsylvania Chiefs of
Police Association.
(9) The victim advocate.
(10) No more than two professors of law with expertise
in criminal justice, appointed by the Governor.
(11) A representative from the Administrative Office of
Pennsylvania Courts, appointed by the Chief Justice.
(12) A representative of a local victim services
organization, appointed by the Governor.
(13) The executive director of the Pennsylvania
Commission on Crime and Delinquency.
(b) Ad hoc members.--The chair, in consultation with and
approval of the other members of the Parolee Homicide Review
Team, may invite other relevant individuals to serve on an ad
hoc basis and participate as full members of the review team for
a particular review. These individuals may include individuals
with particular expertise that would be helpful to the review
panel or representatives of organizations or agencies that had
contact with or provided services to the homicide victim or the
alleged perpetrator.
§ 6163. Confidentiality.
(a) Maintenance.—-Members of the Parolee Homicide Review
Team shall maintain the confidentiality of any identifying
information obtained relating to this section.
(b) Agreement.--Each member of the Parolee Homicide Review
Team shall sign a confidentiality agreement applicable to all
reviews conducted by the Parolee Homicide Review Team.
(c) Liability.--An individual, agency or entity that in good
faith provides information or records to the Parolee Homicide
Review Team shall not be subject to civil or criminal liability
as a result of providing the information or record.
(d) Discovery.--The discussions, deliberations and records
of the Parolee Homicide Review Team are privileged and
confidential and shall not be subject to discovery, subpoena or
introduction into evidence in any civil or criminal action.
(e) Right-to-Know Law.--The provisions of this chapter shall
not be subject to the act of February 14, 2008 (P.L.6, No.3),
known as the Right-to-Know Law.
(f) Meetings.--Meetings of the Parolee Homicide Review Team
shall be closed to the public and shall not be subject to the
provisions of 65 Pa.C.S. Ch. 7 (relating to open meetings).
(g) Penalty.--A person who violates the provisions of this
section commits a misdemeanor of the third degree.
§ 6164. Regulations.
The department shall promulgate regulations necessary to
carry out the purposes of this subchapter.
Section 24. Sections 6303 and 6304 of Title 61 are amended
to read:
§ 6303. County Probation Officers' Firearm Education and
Training Commission.
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[The County Probation Officers' Firearm Education and
Training Commission is established under the Pennsylvania Board
of Probation and Parole. The commission shall establish within
six months following the appointment of commission members a
County Probation Officers' Firearm Education and Training
Program to provide firearm education and training in accordance
with the provisions of this chapter.] The County Adult Probation
and Parole Advisory Committee established under the act of
November 22, 1978 (P.L.1166, No.274), referred to as the
Pennsylvania Commission on Crime and Delinquency Law, shall
serve as the County Probation Officers' Firearm Education and
Training Commission under this chapter, including assuming all
of its funding, powers, duties and responsibilities under this
chapter.
§ 6304. Commission [membership] and advisory subcommittee.
(a) Composition.--The [commission] chairperson of the County
Adult Probation and Parole Advisory Committee shall [be composed
of the chairman of the board and eight other members to be
appointed by the Governor] appoint an advisory subcommittee to
be composed of:
(1) Three county adult probation officers who are full
members of the County Chief Adult Probation and Parole
Officers' Association of Pennsylvania, one of whom is a chief
adult probation officer from a county authorized to carry
firearms and two of whom are firearms instructors certified
as such by the National Rifle Association, the Pennsylvania
State Police or the Federal Bureau of Investigation.
(2) One member of the Pennsylvania Council of Chief
Juvenile Probation Officers.
(3) One representative of the Juvenile Court Judges'
Commission.
(4) One judge of a court of common pleas of a county
that employs officers who carry firearms.
(5) One director qualified under 53 Pa.C.S. Ch. 21
Subch. D (relating to municipal police education and
training).
(6) One county commissioner from a county which employs
officers who carry firearms.
[(b) Terms.--Terms of the members initially appointed shall
be three members for one year, three members for two years and
three members for three years, as designated by the Governor at
the time of appointment. Thereafter, terms shall be for three
years. Each member shall hold office until the expiration of the
term for which the member was selected or until the member's
earlier death, resignation or removal or until the member's
successor has been selected and qualified but in no event more
than six months beyond the expiration of the member's appointed
term.
(c) Vacancies.--A person appointed to fill a vacancy created
by other than expiration of a term shall be appointed for the
unexpired term of the member who that person is to succeed in
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the same manner as the original appointment.]
(d) Compensation.--The members of the commission and
subcommittee shall serve without compensation but shall be
reimbursed the necessary and actual expenses incurred in
attending the meetings of the commission and in the performance
of their duties under this chapter.
(e) Organization.--[The commission shall elect from among
its members a chairperson and other officers who shall hold
office at the pleasure of the commission.] The chairperson of
the County Adult Probation and Parole Advisory Committee shall
serve as chairperson of the commission. The commission shall act
only with the concurrence of the majority.
(f) Meetings and quorum.--The commission shall meet [at
least four times each year until the program is implemented.
Thereafter, the commission shall meet] as may be necessary, but
at least once annually. Special meetings may be called by the
chairperson of the commission or upon written request of three
members. A quorum shall consist of [four members of the
commission] a majority of the members appointed.
Section 25. Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate the addition of 42
Pa.C.S. §§ 2151.2, 2152 and 2153.
(2) Article XXVIII-F of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of 1929,
is repealed.
Section 26. The addition of 61 Pa.C.S. § 6137.1 shall not be
interpreted to create a right to parole or a liberty interest.
The Commonwealth and its agencies shall not be subject to suit
for failure to grant parole under 61 Pa.C.S. § 6137.1.
Amend Bill, page 57, line 1, by striking out "22" and
inserting
27
Amend Bill, page 57, lines 13 and 14, by striking out "The
following shall take effect in 120 days:
(i) "
Amend Bill, page 57, line 14, by inserting after "amendment"
or addition
Amend Bill, page 57, line 15, by striking out "6138(c)" and
inserting
6138(c)(8)
Amend Bill, page 57, line 15, by inserting after "(b)"
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shall take effect in 120 days
Amend Bill, page 57, line 16, by striking out all of said
line and inserting
(3) The amendment of 61 Pa.C.S. §§ 6303 and 6304 shall
take effect in one year.
Amend Bill, page 57, line 17, by striking out "(3)" and
inserting
(4)
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See A04173 in
the context
of SB0501