| HOUSE AMENDED |
| PRIOR PRINTER'S NOS. 1538, 2030 | PRINTER'S NO. 2206 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY GREENLEAF, WASHINGTON, FERLO, TARTAGLIONE, EARLL, LEACH, STOUT AND SMUCKER, DECEMBER 14, 2009 |
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| AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, SEPTEMBER 21, 2010 |
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| AN ACT |
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1 | Amending Title 61 (Penal and Correctional Institutions) Titles | <-- |
2 | 42 (Judiciary and Judicial Procedure) and 61 (Prisons and |
3 | Parole) of the Pennsylvania Consolidated Statutes, in inmate | <-- |
4 | prerelease plans, providing for inmates serving short minimum |
5 | sentences; and, in probation and parole, providing for |
6 | release to group-based home providers; and further providing |
7 | for parole power further providing for adoption of guidelines | <-- |
8 | for sentencing; providing for adoption of risk assessment |
9 | instrument; in general administration, providing for powers |
10 | and duties of department; in county jail oversight board in |
11 | counties of the second class and second class A, further |
12 | providing for scope of subchapter, for definitions and for |
13 | county jail oversight board; in inmate labor, adding |
14 | provisions relating to State correctional institutions and |
15 | the Prison Labor Commission; in inmate prerelease plans, |
16 | providing for inmates serving short minimum sentences; in |
17 | motivational boot camp, providing for evaluation; in State |
18 | intermediate punishment, further providing for evaluation and |
19 | for reports; in probation and parole, providing for release |
20 | to group-based home providers; further providing for parole |
21 | power; in interstate compacts, further providing for powers |
22 | of Attorney General; providing for Interstate Compact for the |
23 | Supervision of Adult Offenders fee; providing for |
24 | confidentiality of victim information; further providing for |
25 | board actions, for general powers of the board, for parole |
26 | power, for violation of terms of parole, for victim |
27 | statements, testimony and participation in hearing and for |
28 | supervisory relationship to offenders; transferring sums to |
29 | the Pennsylvania Commission on Sentencing; providing for |
30 | adult supervision fee; and making editorial changes and a |
31 | related repeal. |
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1 | The General Assembly of the Commonwealth of Pennsylvania |
2 | hereby enacts as follows: |
3 | Section 1. Title 61 of the Pennsylvania Consolidated | <-- |
4 | Statutes is amended by adding sections to read: |
5 | § 3705. Inmates serving short minimum sentences. |
6 | Subject to the provisions of this chapter on procedures for |
7 | prerelease, if an inmate is within 18 months of completing his |
8 | minimum sentence when the inmate is committed to the supervision |
9 | of the department and the inmate has no outstanding detainers, |
10 | the inmate may be transferred to and confined in a prerelease |
11 | center regardless of the length of time that the inmate has been |
12 | under the supervision of the department. While confined in the |
13 | prerelease center, the inmate may complete any prescribed |
14 | programming consistent with the inmate's prerelease plan. |
15 | § 6124. Release to group-based home providers. |
16 | (a) Public hearing required.-- |
17 | (1) Upon release of an individual convicted of an |
18 | offense under 18 Pa.C.S. § 2502 (relating to murder) to a |
19 | group-based home provider, the board or, in the case where |
20 | the individual is not subject to the jurisdiction of the |
21 | board, a court of appropriate jurisdiction, shall conduct a |
22 | public hearing within 20 miles of the location of the group- |
23 | based home provider. |
24 | (2) At the public hearing the group-based home provider |
25 | shall explain the operation of the group-based home provider |
26 | and the board or court, as applicable, shall permit public |
27 | comments relating to the site and operation of the group- |
28 | based home provider. |
29 | (b) Public notice.-- |
30 | (1) The board or court, as applicable, shall provide |
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1 | notice of the public hearing in a newspaper of general |
2 | circulation on at least two different dates prior to the |
3 | hearing. Each notice shall provide information regarding |
4 | topic, location and time of the public hearing and a contact |
5 | number for interested persons to call for additional |
6 | information. |
7 | (2) The board or court, as applicable, shall send a copy |
8 | of the notice of the public hearing to the governing body of |
9 | the municipality where the group-based home provider is |
10 | located. |
11 | (c) Definition.--As used in this section, the term "group- |
12 | based home provider" means a private residential facility that |
13 | houses inmates with prerelease status or individuals who are on |
14 | probation or parole. |
15 | Section 2. Section 6137(a) of Title 61 is amended by adding |
16 | a paragraph to read: |
17 | § 6137. Parole power. |
18 | (a) General criteria for parole.-- |
19 | * * * |
20 | (3.1) (i) If an inmate's minimum term of imprisonment |
21 | is expiring and the primary reason for not paroling the |
22 | inmate is the inmate's inability to access and complete |
23 | prescribed programming within the correctional |
24 | institution, the board may release the inmate on parole |
25 | with the condition that the inmate complete the |
26 | prescribed programming while on parole. |
27 | (ii) This paragraph shall not apply to offenders who |
28 | are serving a term of imprisonment for a crime of |
29 | violence as defined in 42 Pa.C.S. § 9714 (relating to |
30 | sentences for second and subsequent offenses) or for a |
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1 | crime requiring registration under 42 Pa.C.S. § 9795.1 |
2 | (relating to registration). |
3 | * * * |
4 | Section 3. This act shall take effect in 60 days. |
5 | Section 1. Sections 2154 and 2154.2 of Title 42 of the | <-- |
6 | Pennsylvania Consolidated Statutes are amended to read: |
7 | § 2154. Adoption of guidelines for sentencing. |
8 | (a) General rule.--The commission shall adopt guidelines for |
9 | sentencing within the limits established by law which shall be |
10 | considered by the sentencing court in determining the |
11 | appropriate sentence for defendants who plead guilty or nolo |
12 | contendere to, or who were found guilty of, felonies and |
13 | misdemeanors. In adopting guidelines, the commission shall |
14 | recommend confinement that is consistent with the protection of |
15 | the public, the gravity of the offense as it relates to the |
16 | impact on the life of the victim and the community and the |
17 | rehabilitative needs of the offender. The guidelines shall |
18 | address the following: |
19 | (1) [Specify] Seriousness of the offense, by specifying |
20 | the range of sentences applicable to crimes of a given degree |
21 | of gravity, including incapacitation of serious violent |
22 | offenders. |
23 | (2) [Specify] Criminal history, by specifying a range of |
24 | sentences of increased severity for [defendants] offenders |
25 | previously convicted of or adjudicated delinquent for one or |
26 | more misdemeanor or felony offenses committed prior to the |
27 | current offense. [For purposes of this section "previously |
28 | convicted or adjudicated delinquent" shall include any |
29 | finding of guilt or adjudication of delinquency whether or |
30 | not sentence has been imposed or disposition ordered prior to |
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1 | the commission of the current offense.] |
2 | (3) [Specify] Criminal behavior, by specifying a range |
3 | of sentences of increased severity for [defendants] offenders |
4 | who pose a substantial risk to public safety, including those |
5 | who possessed or used a deadly weapon during the commission |
6 | of the current conviction offense. |
7 | (4) [Prescribe] Aggravated and mitigated ranges, by |
8 | specifying variations from the range of sentences applicable |
9 | on account of aggravating or mitigating circumstances. |
10 | (5) [Consider the] The impact of any amendments to |
11 | section 9756 (relating to sentence of total confinement). |
12 | (b) [Definition.--As used in this section the term |
13 | "possessed" means on the defendant's person or within his |
14 | immediate physical control.] Definitions.--As used in this |
15 | section, the following words and phrases shall have the meanings |
16 | given to them in this subsection unless the context clearly |
17 | indicates otherwise: |
18 | "Possessed." On a defendant's person or within the |
19 | defendant's immediate physical control. |
20 | "Previously convicted of or adjudicated delinquent." Any |
21 | finding of guilt or adjudication of delinquency, whether or not |
22 | sentence has been imposed or disposition ordered prior to the |
23 | commission of the current offense. |
24 | § 2154.2. Adoption of guidelines for State intermediate |
25 | punishment. |
26 | The commission shall adopt guidelines to identify offenders |
27 | who would be appropriate for participation in State intermediate |
28 | punishment programs. These guidelines shall be considered by the |
29 | attorney for the Commonwealth and the sentencing court in |
30 | determining whether to commit a defendant for evaluation and |
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1 | whether to sentence an eligible offender pursuant to [Chapter |
2 | 99] 61 Pa.C.S. Ch. 41 (relating to State intermediate |
3 | punishment). The guidelines shall: |
4 | (1) Use the description of "eligible offender" provided |
5 | in [Chapter 99] 61 Pa.C.S. Ch. 41. |
6 | (2) Give primary consideration to protection of the |
7 | public safety. |
8 | Section 2. Title 42 is amended by adding a section to read: |
9 | § 2154.7. Adoption of risk assessment instrument. |
10 | (a) General rule.--The commission shall adopt a sentence |
11 | risk assessment instrument for the sentencing court to use to |
12 | help determine the appropriate sentence within the limits |
13 | established by law for defendants who plead guilty or nolo |
14 | contendere to, or who were found guilty of, felonies and |
15 | misdemeanors. The risk assessment instrument may be used as an |
16 | aide in evaluating the relative risk that an offender will |
17 | reoffend and be a threat to public safety. |
18 | (b) Sentencing guidelines.--The risk assessment instrument |
19 | may be incorporated into the sentencing guidelines under section |
20 | 2154 (relating to adoption of guidelines for sentencing). |
21 | (c) Presentence investigation report.--Subject to the |
22 | provisions of the Pennsylvania Rules of Criminal Procedure, the |
23 | sentencing court may use the risk assessment instrument to |
24 | determine whether a more thorough assessment is necessary and to |
25 | order a presentence investigation report. |
26 | (d) Alternative sentencing.--Subject to the eligibility |
27 | requirements of each program, the risk assessment instrument may |
28 | be an aide to help determine appropriate candidates for |
29 | alternative sentencing, including the recidivism risk reduction |
30 | incentive, State and county intermediate punishment programs and |
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1 | State motivational boot camps. |
2 | (e) Definition.--As used in this section, the term "risk |
3 | assessment instrument" means an empirically based worksheet |
4 | which uses factors that are relevant in predicting recidivism. |
5 | Section 3. Sections 9721(a.1) and 9774(a) of Title 42 are |
6 | amended to read: |
7 | § 9721. Sentencing generally. |
8 | * * * |
9 | (a.1) Exception.-- |
10 | (1) Unless specifically authorized under section 9763 |
11 | (relating to a sentence of county intermediate punishment) or |
12 | [Chapter 99] 61 Pa.C.S. Ch. 41 (relating to State |
13 | intermediate punishment), subsection (a) shall not apply |
14 | where a mandatory minimum sentence is otherwise provided by |
15 | law. |
16 | (2) An eligible offender may be sentenced to State |
17 | intermediate punishment pursuant to subsection (a)(7) and as |
18 | described in [Chapter 99] 61 Pa.C.S. Ch. 41, even if a |
19 | mandatory minimum sentence would otherwise be provided by |
20 | law. |
21 | * * * |
22 | § 9774. Revocation of State intermediate punishment sentence. |
23 | (a) General rule.--The court may at any time terminate a |
24 | sentence of State intermediate punishment pursuant to [Chapter |
25 | 99] 61 Pa.C.S. Ch. 41 (relating to State intermediate |
26 | punishment). |
27 | * * * |
28 | Section 3.1. Title 61 is amended by adding a section to |
29 | read: |
30 | § 1105. Powers and duties of department. |
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1 | (a) General rule.--The department shall have the power and |
2 | its duty shall be: |
3 | (1) To establish standards for county correctional |
4 | institutions, including, but not limited to, standards for |
5 | physical facilities and standards for correctional programs |
6 | of treatment, education and rehabilitation of inmates. |
7 | (2) To inspect county correctional institutions and to |
8 | classify them in accordance with standards adopted under |
9 | paragraph (1) as eligible to receive inmates sentenced to |
10 | maximum terms of six months or more but less than five years. |
11 | (b) Rules and regulations.--The department may prescribe, |
12 | adopt, promulgate and enforce rules and regulations in order to |
13 | administer the provisions of this section. |
14 | Section 3.2. Subchapter B heading of Chapter 17 and sections |
15 | 1721 and 1722 of Title 61 are amended to read: |
16 | SUBCHAPTER B |
17 | COUNTY JAIL OVERSIGHT [BOARD IN |
18 | COUNTIES OF THE SECOND CLASS |
19 | AND SECOND CLASS A] BOARDS |
20 | § 1721. Scope of subchapter. |
21 | This subchapter relates to county jail oversight boards [in |
22 | counties of the second class and counties of the second class |
23 | A]. |
24 | § 1722. Definitions. |
25 | The following words and phrases when used in this subchapter |
26 | shall have the meanings given to them in this section unless the |
27 | context clearly indicates otherwise: |
28 | "Board." The county jail oversight board of a county. |
29 | "County." A county of the second class or a county [of the |
30 | second class A] that has elected to be governed by the |
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1 | provisions of this subchapter under section 1723(d) (relating to |
2 | county jail oversight board). |
3 | Section 3.3. Section 1723 of Title 61 is amended by adding a |
4 | subsection to read: |
5 | § 1723. County jail oversight board. |
6 | * * * |
7 | (d) Counties that may elect to be subject to subchapter.-- |
8 | Any county that has adopted a home rule charter may elect by |
9 | resolution of the governing body of the county to be governed by |
10 | the provisions of this subchapter. |
11 | Section 3.4. Subchapter C heading of Chapter 17 of Title 61 |
12 | is amended to read: |
13 | SUBCHAPTER C |
14 | [OTHER COUNTIES] BOARD OF INSPECTORS |
15 | Section 3.5. Chapter 31 of Title 61 is amended by adding a |
16 | subchapter heading to read: |
17 | SUBCHAPTER A |
18 | COUNTY CORRECTIONAL INSTITUTIONS |
19 | Section 3.6. Section 3102 of Title 61 is amended to read: |
20 | § 3102. Disposition of proceeds of labor. |
21 | All moneys received under the provisions of this [chapter] |
22 | subchapter for labor done within county correctional |
23 | institutions or the products of such labor sold shall be |
24 | credited on account of the receipts and expenditures paid to and |
25 | for the maintenance of the respective correctional institutions. |
26 | Section 3.7. Chapter 31 of Title 61 is amended by adding a |
27 | subchapter to read: |
28 | SUBCHAPTER B |
29 | STATE CORRECTIONAL INSTITUTIONS |
30 | Sec. |
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1 | 3121. Inmates to be employed. |
2 | 3122. Manufacturing Fund. |
3 | 3123. Deposit of sales receipts. |
4 | 3124. Inmates accounts. |
5 | 3125. Remainder of inmate accounts. |
6 | 3126. Inmate-made goods to be branded. |
7 | 3127. Sale of inmate-made goods. |
8 | § 3121. Inmates to be employed. |
9 | The Chief Administrators at any correctional institution |
10 | established by the Commonwealth may employ inmates under their |
11 | control for and on behalf of the Commonwealth, any county, city, |
12 | borough or township or for any public institution owned, managed |
13 | and controlled by the Commonwealth. |
14 | § 3122. Manufacturing Fund. |
15 | For the purchase of material, equipment and machinery to be |
16 | used in the designated State correctional institutions, special |
17 | appropriations shall be made, from time to time, to the |
18 | Manufacturing Fund. |
19 | § 3123. Deposit of sales receipts. |
20 | (a) General rule.--The receipts from the sales of |
21 | manufactured articles, sold as authorized in this subchapter, |
22 | shall be deposited into the Manufacturing Fund and used for the |
23 | purchase of further material, equipment, machinery, supplies, |
24 | staff compensation and inmate pay. |
25 | (b) Monthly reporting.--The department shall make a full |
26 | monthly report of the products, sales, receipts and |
27 | disbursements of the industries authorized under this subchapter |
28 | to the Auditor General. |
29 | § 3124. Inmates accounts. |
30 | (a) Duty to maintain.--The department shall maintain an |
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1 | account of the labor performed by all inmates under sentence in |
2 | the institution. |
3 | (b) Contents of accounts.--In the account, the department |
4 | shall credit the inmate with: |
5 | (1) wages for the time the inmate is actually engaged in |
6 | work; |
7 | (2) the rate of the wage; and |
8 | (3) the amount credited to each inmate |
9 | to be regulated at the discretion of the commission or such |
10 | persons as the commission may designate. |
11 | § 3125. Remainder of inmate accounts. |
12 | (a) Payment on discharge.--All sums credited to an inmate |
13 | shall be for the benefit of the inmate and paid to the inmate on |
14 | the inmate's discharge. |
15 | (b) Use for present needs.--An inmate who has sums to the |
16 | inmate's credit may, subject to the rules and regulations of the |
17 | department, draw upon the balance of the wages for present |
18 | needs. |
19 | § 3126. Inmate-made goods to be branded. |
20 | (a) General rule.--All goods, wares, merchandise or other |
21 | article or thing made by inmate labor in any correctional |
22 | institution or other establishment in which inmate labor is |
23 | employed, whether for the direct benefit and maintenance of the |
24 | correctional institution or other establishment or upon contract |
25 | by the authorities of the same with any third person, |
26 | immediately upon the completion of the same, shall be branded as |
27 | provided in this section and may not be taken into or exposed in |
28 | any place for sale at wholesale or retail without that brand. |
29 | (b) Style and place of brand.-- |
30 | (1) The brand required by this section shall be in plain |
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1 | English lettering and shall contain at the head or top of the |
2 | brand the words "inmate made," followed by the year and name |
3 | of the department, correctional institution or other |
4 | establishment in which made. |
5 | (2) The brand shall in all cases, when the nature of the |
6 | article will permit, be placed on the article and only where |
7 | the branding is impossible may it be on the box or other |
8 | receptacle or covering in which it is contained. |
9 | (3) The brand shall be affixed to the article by |
10 | casting, burning, pressing or other such process or means so |
11 | that the article may not be defaced and in all cases shall be |
12 | upon the most conspicuous place upon the article or the box, |
13 | receptacle or covering containing the article. |
14 | (c) Applicability.--This section shall not apply to goods, |
15 | wares and merchandise shipped to points outside this |
16 | Commonwealth. |
17 | § 3127. Sale of inmate-made goods. |
18 | The department may contract to sell or sell the articles |
19 | manufactured or produced in any correctional institution which |
20 | cannot be used therein to the Commonwealth or to any political |
21 | subdivision thereof, or to any State, municipality or county |
22 | authority created by or under any law of this Commonwealth or to |
23 | any State correctional institution or to any educational or |
24 | charitable institution receiving aid from the Commonwealth, or |
25 | to the Federal Government or any department, bureau, commission, |
26 | authority or agency thereof, or to any other state or political |
27 | subdivision or authority thereof, or to any institution |
28 | receiving aid from the Federal Government or of any other state. |
29 | Section 3.8 Title 61 is amended by adding a section to read: |
30 | § 3909. Evaluation. |
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1 | The department and the commission shall monitor and evaluate |
2 | the motivational boot camp program under this chapter to ensure |
3 | that the programmatic objectives are met. In even-numbered |
4 | years, the department shall present a report of its evaluation |
5 | to the Judiciary Committee of the Senate and the Judiciary |
6 | Committee of the House of Representatives no later than February |
7 | 1. In odd-numbered years, the commission shall present a report |
8 | of its evaluation to the Judiciary Committee of the Senate and |
9 | the Judiciary Committee of the House of Representatives no later |
10 | than February 1. |
11 | Section 3.9 Sections 4109 and 4510(a)(1) and (2) of Title 61 |
12 | are amended to read: |
13 | § 4109. Evaluation. |
14 | The department and the commission shall monitor and evaluate |
15 | the motivational boot camp program under Chapter 39 (relating to |
16 | motivational boot camp) to ensure that the programmatic |
17 | objectives are met. [In even-numbered years, the department |
18 | shall present a report of its evaluation to the Judiciary |
19 | Committee of the Senate and the Judiciary Committee of the House |
20 | of Representatives no later than February 1. In odd-numbered |
21 | years, the commission shall present a report of its evaluation |
22 | to the Judiciary Committee of the Senate and the Judiciary |
23 | Committee of the House of Representatives no later than February |
24 | 1.] |
25 | § 4510. Reports. |
26 | (a) Recidivism risk reduction.--The department, the board |
27 | and the commission shall monitor and evaluate the recidivism |
28 | risk reduction incentive programs to ensure that the goals and |
29 | objectives of this chapter are met and shall report to the |
30 | General Assembly as follows: |
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1 | (1) In [odd-numbered] even-numbered years, the |
2 | department shall present a report of its evaluation to the |
3 | Judiciary Committee of the Senate and the Judiciary Committee |
4 | of the House of Representatives no later than February 1. The |
5 | report shall include all of the following: |
6 | (i) The number of inmates determined by the |
7 | department to be eligible offenders under this chapter |
8 | and the offenses for which the eligible offenders were |
9 | committed to the custody of the department. |
10 | (ii) The number of inmates committed to the custody |
11 | of the department who were subject to a recidivism risk |
12 | reduction incentive minimum sentence. |
13 | (iii) The number of inmates paroled at the |
14 | recidivism risk reduction incentive minimum date. |
15 | (iv) Any potential changes that would make the |
16 | program more effective. |
17 | (v) The six-month, one-year, three-year and five- |
18 | year recidivism rates for inmates released at the |
19 | recidivism risk reduction incentive minimum sentence. |
20 | (vi) Any other information the department deems |
21 | relevant. |
22 | (2) In [even-numbered] odd-numbered years, the |
23 | commission shall present a report of its evaluation to the |
24 | Judiciary Committee of the Senate and the Judiciary Committee |
25 | of the House of Representatives no later than February 1. The |
26 | report shall include all of the following: |
27 | (i) Whether the goals of this chapter could be |
28 | achieved through amendments to parole or sentencing |
29 | guidelines. |
30 | (ii) The various options for parole or sentencing |
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1 | guidelines under subparagraph (i). |
2 | (iii) The status of any proposed or implemented |
3 | guidelines designed to implement the provisions of this |
4 | chapter. |
5 | (iv) Any potential changes to the program that would |
6 | be likely to reduce the risk of recidivism of inmates and |
7 | improve public safety. |
8 | (v) Any other information the commission deems |
9 | relevant. |
10 | * * * |
11 | Section 3.10. Title 61 is amended by adding a section to |
12 | read: |
13 | § 5906. Confidentiality of victim information. |
14 | (a) General rule.--Except as otherwise provided by law or |
15 | this section, any and all statements or testimony of the victim |
16 | or family member submitted to the department shall be: |
17 | (1) Deemed confidential and privileged. |
18 | (2) Not be subject to subpoena or discovery. |
19 | (3) Not be introduced into evidence in any judicial or |
20 | administrative proceeding. |
21 | (4) Not be released to the inmate. |
22 | (b) Records.--All records maintained by the department |
23 | pertaining to victims shall be kept separate. Current address, |
24 | telephone numbers and any other personal information of the |
25 | victim and family members shall be deemed confidential. |
26 | (c) Disclosure prohibited.--Notwithstanding any other |
27 | provision of law, no person who has had access to a report, |
28 | record or any other information under this section shall |
29 | disclose the content of the report, record or other information |
30 | or testify in a judicial or administrative proceeding without |
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1 | the written consent of the victim. |
2 | Section 4. Section 6113 of Title 61 is amended by adding a |
3 | subsection to read: |
4 | § 6113. Board action. |
5 | * * * |
6 | (f) Decision accountability.--The board shall develop, adopt |
7 | and periodically update as deemed necessary a parole decisional |
8 | instrument that is tested prior to implementation, which |
9 | incorporates evidence-based practices to assist and inform the |
10 | board's professional judgment in the parole decision-making |
11 | process. |
12 | Section 5. Section 6131(a) of Title 61 is amended by adding |
13 | paragraphs and the section is amended by adding a subsection to |
14 | read: |
15 | § 6131. General powers of board. |
16 | (a) General rule.--The board shall have the power and its |
17 | duty shall be: |
18 | * * * |
19 | (13) To incorporate evidence-based practices into parole |
20 | decision making, supervision and the supervision of technical |
21 | violators. |
22 | (14) To coordinate the reentry of offenders into the |
23 | community using evidence-based practices that are effective |
24 | in reducing recidivism. |
25 | (15) To conduct research to identify, to be informed of |
26 | and to apply recognized evidence-based parole practices that |
27 | promote public safety and reduce recidivism. |
28 | (16) To conduct outcome and performance analyses on |
29 | implemented board programs and practices to enhance public |
30 | safety through reduced recidivism. |
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1 | * * * |
2 | (d) Definitions.--As used in this section, the following |
3 | words and phrases shall have the meanings given to them in this |
4 | subsection unless the context clearly indicates otherwise: |
5 | "Evidence-based practices." Interventions and treatment |
6 | approaches that have been proven effective through appropriate |
7 | empirical analysis. |
8 | Section 6. Sections 6137(a), (e) and (g), 6138(a), (c) and |
9 | (d), 6140(h)(8) and 6153(a) of Title 61 are amended to read: |
10 | § 6137. Parole power. |
11 | (a) General criteria for parole.-- |
12 | (1) The board may parole subject to consideration of |
13 | guidelines established under 42 Pa.C.S. § 2154.5 (relating to |
14 | adoption of guidelines for parole) and may release on parole |
15 | any inmate to whom the power to parole is granted to the |
16 | board by this chapter, except an inmate condemned to death or |
17 | serving life imprisonment, whenever in its opinion: |
18 | (i) The best interests of the inmate justify or |
19 | require that the inmate be paroled. |
20 | (ii) It does not appear that the interests of the |
21 | Commonwealth will be injured by the inmate's parole. |
22 | (2) Parole shall be subject in every instance to the |
23 | Commonwealth's right to immediately retake and hold in |
24 | custody without further proceedings any parolee charged after |
25 | his parole with an additional offense until a determination |
26 | can be made whether to continue his parole status. |
27 | (3) The power to parole granted under this section to |
28 | the board may not be exercised in the board's discretion at |
29 | any time before, but only after, the expiration of the |
30 | minimum term of imprisonment fixed by the court in its |
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1 | sentence or by the Board of Pardons in a sentence which has |
2 | been reduced by commutation. |
3 | (3.1) (i) Following the expiration of the inmate's |
4 | minimum term of imprisonment, if the primary reason for |
5 | not paroling the inmate is the inmate's inability to |
6 | access and complete prescribed programming within the |
7 | correctional institution, the board may release the |
8 | inmate on parole with the condition that the inmate |
9 | complete the prescribed programming while on parole. |
10 | (ii) This paragraph shall not apply to offenders who |
11 | are currently serving a term of imprisonment for a crime |
12 | of violence as defined in 42 Pa.C.S. § 9714 (relating to |
13 | sentences for second and subsequent offenses) or for a |
14 | crime requiring registration under 42 Pa.C.S. § 9795.1 |
15 | (relating to registration). |
16 | (iii) For those inmates to whom subparagraph (ii) is |
17 | applicable, the board may release the inmate on parole if |
18 | the inmate is subject to another jurisdiction's detainer, |
19 | warrant or equivalent writ. |
20 | (4) Unless the inmate has served at least one year in a |
21 | prerelease center, the board shall not act upon an |
22 | application of an inmate who is granted clemency by the |
23 | Governor, is subject to parole supervision and: |
24 | (i) whose term of imprisonment was commuted from |
25 | life to life on parole; |
26 | (ii) who was serving a term of imprisonment for a |
27 | crime of violence; or |
28 | (iii) who is serving a sentence under 42 Pa.C.S. § |
29 | 9712 (relating to sentences for offenses committed with |
30 | firearms). |
|
1 | (5) Upon parole, a parolee subject to paragraph (4) |
2 | shall: |
3 | (i) be subject to weekly supervision for the first |
4 | six months of parole; and |
5 | (ii) have any violations of a condition of parole |
6 | immediately made known to the Board of Pardons. This |
7 | subparagraph shall apply to all parolees under |
8 | supervision by other jurisdictions under Subchapter B of |
9 | Chapter 71 (relating to interstate compact for the |
10 | supervision of adult offenders). |
11 | (6) For purposes of this subsection, the term |
12 | "prescribed programming" shall mean an individualized |
13 | treatment plan that is part of the correctional plan jointly |
14 | developed by the department and the board following a |
15 | diagnostic evaluation and risk and needs assessment that |
16 | includes a structured set of evidence-based treatment |
17 | curricula designed to reduce the risk of reoffense by the |
18 | offender. The ultimate goal of these curricula is to increase |
19 | the probability that offenders will lead law-abiding lives in |
20 | the community upon release. |
21 | * * * |
22 | (e) [Preparole drug] Drug screening tests.-- |
23 | (1) The board may not release a person on parole unless |
24 | the person achieves a negative result within 45 days prior to |
25 | the date of release in a screening test approved by the |
26 | Department of Health for the detection of the presence of |
27 | controlled substances or designer drugs under the act of |
28 | April 14, 1972 (P.L.233, No.64), known as The Controlled |
29 | Substance, Drug, Device and Cosmetic Act. |
30 | (2) The cost of these preparole drug screening tests for |
|
1 | inmates subject to the parole release jurisdiction of the |
2 | board, whether confined in a correctional institution or |
3 | county prison, shall be paid by the board. The board shall |
4 | establish rules and regulations for the payment of these |
5 | costs and may limit the types and cost of these screening |
6 | tests that would be subject to payment by the board. |
7 | (3) (i) The board shall establish, as a condition of |
8 | continued parole for a parolee who, as an inmate, tested |
9 | positive for the presence of a controlled substance or a |
10 | designer drug or who was paroled from a sentence arising |
11 | from a conviction under The Controlled Substance, Drug, |
12 | Device and Cosmetic Act or from a drug-related crime, the |
13 | parolee's achievement of negative results in such |
14 | screening tests randomly applied. |
15 | (ii) The random screening tests shall be performed |
16 | at the discretion of the board, and the parolee |
17 | undergoing the tests shall be responsible for the costs |
18 | of the tests. |
19 | (iii) The funds collected for the tests shall be |
20 | applied against the contract for such testing [between |
21 | the board and a testing laboratory approved by the |
22 | Department of Health]. |
23 | (4) For a parolee who was not paroled from a sentence |
24 | arising from a conviction under The Controlled Substance, |
25 | Drug, Device and Cosmetic Act or for a drug-related crime, |
26 | the board may establish, as a condition of parole, that the |
27 | parolee achieve negative results in screening tests randomly |
28 | conducted. The parolee shall be responsible for testing |
29 | costs. |
30 | * * * |
|
1 | (g) Procedure.-- |
2 | (1) The department shall identify all inmates committed |
3 | to the custody of the department that meet the definition of |
4 | an eligible offender. |
5 | (2) Upon identification of an inmate as an eligible |
6 | offender, the department shall send notice to the board. The |
7 | board shall send notice to the prosecuting attorney and the |
8 | court no less than six months before the expiration of the |
9 | inmate's minimum sentence indicating that the department has |
10 | preliminarily identified the inmate as an eligible offender. |
11 | The notice shall be sent by United States mail unless the |
12 | board, the court and the prosecutor have consented to receipt |
13 | of notice via electronic means. For inmates committed to the |
14 | department whose expiration of the minimum sentence is six |
15 | months or less from the date of admission, the department |
16 | shall give prompt notice. |
17 | (3) Within [60] 30 days of receipt of notice under |
18 | paragraph (2), the court or prosecuting attorney may file a |
19 | written objection to the department's preliminary |
20 | identification of the inmate as an eligible offender. Notice |
21 | of the objection shall be provided to the department and the |
22 | board. |
23 | (4) If no notice of objection has been filed under |
24 | paragraph (3), the board or its designee shall approve for |
25 | parole at the expiration of the eligible offender's minimum |
26 | date upon a determination that all of the following apply: |
27 | (i) The department certified that the inmate has |
28 | maintained a good conduct record and continues to remain |
29 | an eligible offender. |
30 | (ii) The reentry plan for the inmate is adequate. |
|
1 | (iii) Individual conditions and requirements for |
2 | parole have been established. |
3 | (iv) There is no reasonable indication that the |
4 | inmate poses a risk to public safety. |
5 | (5) If the court or prosecuting attorney files a timely |
6 | objection under paragraph (3), the board shall make a |
7 | determination as to whether the inmate is an eligible |
8 | offender. The board shall notify the department, prosecuting |
9 | attorney and court of its determination no later than [60] 30 |
10 | days prior to the minimum parole date. If the board |
11 | determines that the inmate is an eligible offender under this |
12 | chapter, the board shall follow the provisions under |
13 | paragraph (4). If the board determines that the inmate is not |
14 | an eligible offender under section 4503 (relating to |
15 | definitions), the board shall retain exclusive jurisdiction |
16 | to grant parole and shall determine whether the inmate should |
17 | be paroled at the minimum date, paroled at a later date or |
18 | denied parole. |
19 | (6) Nothing in this subsection shall be construed as |
20 | granting a right to be paroled to any person, and any |
21 | decision by the board and its designees or the department, |
22 | under this section shall not be considered an adjudication |
23 | under 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and |
24 | procedure of Commonwealth agencies) and Ch. 7 Subch. A |
25 | (relating to judicial review of Commonwealth agency action). |
26 | (7) Except as provided under this subsection, nothing in |
27 | this chapter shall otherwise affect the powers and duties of |
28 | the board or the department. |
29 | * * * |
30 | § 6138. Violation of terms of parole. |
|
1 | (a) Convicted violators.-- |
2 | (1) A parolee under the jurisdiction of the board |
3 | released from a correctional facility who, during the period |
4 | of parole or while delinquent on parole, commits a crime |
5 | punishable by imprisonment, for which the parolee is |
6 | convicted or found guilty by a judge or jury or to which the |
7 | parolee pleads guilty or nolo contendere at any time |
8 | thereafter in a court of record, may at the discretion of the |
9 | board be recommitted as a parole violator. |
10 | (2) If the parolee's recommitment is so ordered, the |
11 | parolee shall be reentered to serve the remainder of the term |
12 | which the parolee would have been compelled to serve had the |
13 | parole not been granted and shall be given no credit for the |
14 | time at liberty on parole. |
15 | (3) The board may, in its discretion, reparole whenever, |
16 | in its opinion, the best interests of the inmate justify or |
17 | require the inmate's release on parole and it does not appear |
18 | that the interests of the Commonwealth will be injured |
19 | thereby. |
20 | (4) The period of time for which the parole violator is |
21 | required to serve shall be computed from and begin on the |
22 | date that the parole violator is taken into custody to be |
23 | returned to the institution as a parole violator. |
24 | (5) If a new sentence is imposed on the parolee, the |
25 | service of the balance of the term originally imposed shall |
26 | precede the commencement of the new term imposed in the |
27 | following cases: |
28 | (i) If a person is paroled from a State correctional |
29 | institution and the new sentence imposed on the person is |
30 | to be served in the State correctional institution. |
|
1 | (ii) If a person is paroled from a county prison and |
2 | the new sentence imposed upon him is to be served in the |
3 | same county prison. |
4 | (iii) In all other cases, the service of the new |
5 | term for the latter crime shall precede commencement of |
6 | the balance of the term originally imposed. |
7 | (5.1) If the parolee is sentenced to serve a new term of |
8 | total confinement by a Federal court or by a court of another |
9 | jurisdiction because of a verdict or plea under paragraph |
10 | (1), the parolee shall serve the balance of the original term |
11 | before serving the new term. |
12 | (6) Where the new term is to be served last or the |
13 | balance of the term originally imposed is to be served last, |
14 | and the service is, in either case, in any correctional |
15 | facility: |
16 | (i) Any person upon recommitment shall be sent to |
17 | the institution as shall be designated by the Secretary |
18 | of Corrections or his designee. |
19 | (ii) Any female person shall be recommitted to the |
20 | State Correctional Institution at Muncy. |
21 | * * * |
22 | (c) Technical violators.-- |
23 | (1) A parolee under the jurisdiction of the board who is |
24 | released from a correctional facility and who, during the |
25 | period of parole, violates the terms and conditions of his |
26 | parole, other than by the commission of a new crime of which |
27 | the parolee is convicted or found guilty by a judge or jury |
28 | or to which the parolee pleads guilty or nolo contendere in a |
29 | court of record, may be recommitted after a hearing before |
30 | the board. |
|
1 | (2) If the parolee is so recommitted, the parolee shall |
2 | be given credit for the time served on parole in good |
3 | standing but with no credit for delinquent time and may be |
4 | reentered to serve the remainder of the original sentence or |
5 | sentences. |
6 | (3) The remainder shall be computed by the board from |
7 | the time the parolee's delinquent conduct occurred for the |
8 | unexpired period of the maximum sentence imposed by the court |
9 | without credit for the period the parolee was delinquent on |
10 | parole. The parolee shall serve the remainder so computed |
11 | from the date the parolee is taken into custody on the |
12 | warrant of the board. |
13 | (4) The parolee shall be subject to reparole by the |
14 | board whenever in its opinion the best interests of the |
15 | inmate justify or require the parolee being reparoled and it |
16 | does not appear that the interests of the Commonwealth will |
17 | be injured reparoling the parolee. |
18 | (5) Parole violators shall be supervised in accordance |
19 | with evidence-based practices that may include: |
20 | (i) Consideration of whether the offender poses a |
21 | risk of safety to the community or himself. |
22 | (ii) The board's capacity to deliver programs that |
23 | address criminal thinking behavior and related crime |
24 | producing factors. |
25 | (iii) Use of community-based sanctioning |
26 | alternatives to incarceration. |
27 | (iv) Use of a graduated violation sanctioning |
28 | process. |
29 | (v) Recommitment to a correctional facility. |
30 | (6) The board shall divert technical parole violators |
|
1 | from confinement in a State correctional institution unless |
2 | the parolee's diversion poses an undue risk to public safety. |
3 | (d) Recommitment.--A technical violator under subsection (c) |
4 | shall be recommitted to a correctional facility, unless placed |
5 | at a parole violator center, as follows: |
6 | (1) If paroled from a county prison, to the same |
7 | institution or to any other institution to which the violator |
8 | may be legally transferred. |
9 | (2) If paroled from a State correctional institution, |
10 | any male person upon recommitment shall be sent to the |
11 | nearest State correctional institution for service of the |
12 | remainder of the original term at the institution as shall be |
13 | designated by the department. Any female person shall be |
14 | recommitted to the State Correctional Institution at Muncy or |
15 | other State correctional institution as designated by the |
16 | department. |
17 | § 6140. Victim statements, testimony and participation in |
18 | hearing. |
19 | * * * |
20 | (h) Hearing procedure.-- |
21 | * * * |
22 | (8) [Except as otherwise provided by law or this |
23 | section] Notwithstanding any other provision of law, any and |
24 | all statements or testimony of the victim or family member |
25 | submitted to the board pertaining to: |
26 | (i) the continuing nature and extent of any physical |
27 | harm or psychological or emotional harm or trauma |
28 | suffered by the victim; |
29 | (ii) the extent of any loss of earnings or ability |
30 | to work suffered by the victim; and |
|
1 | (iii) the continuing effect of the crime upon the |
2 | victim's family: |
3 | (A) Shall be deemed confidential and privileged. |
4 | (B) Shall not be subject to subpoena or |
5 | discovery. |
6 | (C) Shall not be introduced into evidence in any |
7 | judicial or administrative proceeding. |
8 | (D) Shall not be released to the inmate. |
9 | * * * |
10 | § 6153. Supervisory relationship to offenders. |
11 | (a) General rule.--Agents are in a supervisory relationship |
12 | with their offenders. The purpose of this supervision is to |
13 | assist the offenders in their rehabilitation and reassimilation |
14 | into the community and to protect the public. Supervision |
15 | practices shall reflect the balance of enforcement of the |
16 | conditions of parole and case management techniques to maximize |
17 | successful parole completion through effective reentry to |
18 | society. |
19 | * * * |
20 | Section 6.1. Part V of Title 61 is amended by adding a |
21 | chapter to read: |
22 | CHAPTER 70 |
23 | ADULT SUPERVISION FEE |
24 | Sec. |
25 | 7001. Definitions. |
26 | 7002. Interstate Compact for the Supervision of Adult Offenders |
27 | fee. |
28 | 7003. Applicability. |
29 | § 7001. Definitions. |
30 | The following words and phrases when used in this chapter |
|
1 | shall have the meanings given to them in this section unless the |
2 | context clearly indicates otherwise: |
3 | "Board." The Pennsylvania Board of Probation and Parole. |
4 | "Interstate commission." The Interstate Commission for Adult |
5 | Offender Supervision. |
6 | "Interstate compact." The Interstate Compact for the |
7 | Supervision of Adult Offenders. |
8 | "State." A state of the United States, the District of |
9 | Columbia and any other territorial possessions of the United |
10 | States. |
11 | "State council." The State Council for Interstate Adult |
12 | Offender Supervision. |
13 | § 7002. Interstate Compact for the Supervision of Adult |
14 | Offenders fee. |
15 | (a) Application fee.-- |
16 | (1) A person on county probation or parole who applies |
17 | for a transfer of supervision to another state through the |
18 | interstate compact shall be required to pay an application |
19 | fee with each application for transfer, unless the court |
20 | finds that the application fee should be reduced, waived or |
21 | deferred based upon the person's inability to pay. The |
22 | application fees shall be collected by the county probation |
23 | department or other agent designated by the county |
24 | commissioners of the county with the approval of the |
25 | president judge. |
26 | (2) A person on State probation or parole who applies |
27 | for a transfer to another state through the interstate |
28 | compact shall be required to pay an application fee to the |
29 | board with each application for transfer, unless the board |
30 | finds that the application fee should be reduced, waived or |
|
1 | deferred based upon the person's inability to pay. |
2 | (b) Amount of application fee.--The State council shall |
3 | establish the amount of the application fee which shall not |
4 | exceed $150. The application fee shall be nonrefundable and |
5 | shall be assessed for each application for transfer to another |
6 | state. |
7 | (c) Application fee collected by county.--For administrative |
8 | expenses, the county shall be entitled to retain a percentage of |
9 | each application fee collected under this section which shall be |
10 | deposited in the county's general fund. The percentage of the |
11 | application fee that may be retained shall be determined by the |
12 | State council 60 days prior to the beginning of each |
13 | Commonwealth fiscal year commencing on July 1 and ending on June |
14 | 30. The remaining portion of each application fee collected by |
15 | the county shall be transmitted to the Commonwealth under |
16 | subsection (d). |
17 | (d) Disposition.--Money received from the collection of the |
18 | application fee shall be paid into the State Treasury and shall |
19 | be credited to the general government operations of the board |
20 | for expenses incurred in the administration of the compact. |
21 | § 7003. Applicability. |
22 | This chapter shall apply to a person who applies on or after |
23 | the effective date of this chapter for a transfer of supervision |
24 | to another state. |
25 | Section 6.2. Section 7103 of Title 61 is amended to read: |
26 | § 7103. Powers. |
27 | The [Attorney General] secretary or his designee is hereby |
28 | authorized and directed to do all things necessary or incidental |
29 | to the carrying out of the compact in every particular except |
30 | that no contract for the confinement of inmates in the |
|
1 | institutions of this State shall be entered into unless the |
2 | [Attorney General or the Secretary of Corrections] secretary has |
3 | first determined that the inmates are acceptable, |
4 | notwithstanding the provisions of Article IX-B of the act of |
5 | April 9, 1929 (P.L.177, No.175), known as the Administrative |
6 | Code of 1929. The [Attorney General] secretary or his designee |
7 | shall not enter into a contract pursuant to Article III of the |
8 | compact relating to inmates who are mentally ill or mentally |
9 | retarded without consultation with the Secretary of Public |
10 | Welfare. |
11 | Section 6.3. Title 61 is amended by adding a section to |
12 | read: |
13 | § 7115. Interstate Compact for the Supervision of Adult |
14 | Offenders fee. |
15 | (a) Duty to pay.-- |
16 | (1) A person on county probation or parole who applies |
17 | for a transfer of supervision to another state through the |
18 | Interstate Compact for the Supervision of Adult Offenders |
19 | shall be required to pay an application fee with each |
20 | application for transfer, unless the court finds that the |
21 | application fee should be reduced, waived or deferred based |
22 | upon the person's inability to pay. The application fees |
23 | shall be collected by the county probation department or |
24 | other agent designated by the county commissioners of the |
25 | county with the approval of the president judge. |
26 | (2) A person on State probation or parole who applies |
27 | for a transfer to another state through the interstate |
28 | compact shall be required to pay an application fee to the |
29 | board with each application for transfer, unless the board |
30 | finds that the application fee should be reduced, waived or |
|
1 | deferred based upon the person's inability to pay. |
2 | (b) Amount of application fee.--The State council shall |
3 | establish the amount of the application fee which shall not |
4 | exceed $150. The application fee shall be nonrefundable and |
5 | shall be assessed for each application for transfer to another |
6 | state. |
7 | (c) Application fee collected by county.--For administrative |
8 | expenses, the county shall be entitled to retain a percentage of |
9 | each application fee collected under this section which shall be |
10 | deposited in the county's general fund. The percentage of the |
11 | application fee that may be retained shall be determined by the |
12 | State council 60 days prior to the beginning of each |
13 | Commonwealth fiscal year commencing on July 1 and ending on June |
14 | 30. The remaining portion of each application fee collected by |
15 | the county shall be transmitted to the Commonwealth under |
16 | subsection (d). |
17 | (d) Disposition.--Money received from the collection of the |
18 | application fee shall be paid into the State Treasury and shall |
19 | be credited to the general government operations of the board |
20 | for expenses incurred in the administration of the interstate |
21 | compact. |
22 | (e) Application fee.--The application fee as of the |
23 | effective date of this subsection shall be $100, and the |
24 | counties shall retain 100% of the fee collected until the |
25 | application fee and county percentage are determined prior to |
26 | the beginning of the next Commonwealth fiscal year in accordance |
27 | with subsections (b) and (c). |
28 | Section 7. The following shall apply: |
29 | (1) On July 1, 2011, the State Treasurer shall transfer |
30 | the sum of $1,150,000 from the State Offender Supervision |
|
1 | Fund to the Pennsylvania Commission on Sentencing to |
2 | supplement other sums appropriated to and for the use of the |
3 | commission to implement the requirements of this act and |
4 | their duties as defined in 42 Pa.C.S. The transferred sum is |
5 | appropriated to the Pennsylvania Commission on Sentencing on |
6 | a continuing annual basis for that purpose. |
7 | (2) On July 1, 2011, the State Treasurer shall transfer |
8 | the sum of $1,150,000 from the Department of Corrections to |
9 | the Pennsylvania Commission on Sentencing to supplement other |
10 | sums appropriated to and for the use of the commission to |
11 | implement the requirements of this act and their duties as |
12 | defined under 42 Pa.C.S. The transferred sum is appropriated |
13 | to the Pennsylvania Commission on Sentencing on a continuing |
14 | annual basis for that purpose. |
15 | Section 8. The regulations adopted under the former act of |
16 | December 27, 1965 (P.L.1237, No.502), entitled "An act |
17 | establishing regional correctional facilities administered by |
18 | the Bureau of Correction as part of the State correctional |
19 | system; establishing standards for county jails, and providing |
20 | for inspection and classification of county jails and for |
21 | commitment to State correctional facilities and county jails," |
22 | and the former act of October 16, 1972 (P.L.913, No.218), |
23 | entitled "An act establishing regional community treatment |
24 | centers for women administered by the Bureau of Correction of |
25 | the Department of Justice as part of the State Correctional |
26 | System, providing for the commitment of females to such centers |
27 | and their temporary release therefrom for certain purposes, |
28 | restricting confinement of females in county jails and |
29 | conferring powers and duties upon the Department of Justice and |
30 | the Bureau of Correction," prior to the effective date of this |
|
1 | section shall continue to have the force and effect of law and |
2 | shall be construed to be consistent with the provisions of 61 |
3 | Pa.C.S. § 1105. |
4 | Section 9. The addition of 61 Pa.C.S. Ch. 31 Subch. B is a |
5 | continuation of the act of June 1, 1915 (P.L.656, No.289), |
6 | entitled "An act providing a system of employment and |
7 | compensation for the inmates of the Eastern Penitentiary, |
8 | Western Penitentiary, and the Pennsylvania Industrial |
9 | Reformatory at Huntingdon, and for such other correctional |
10 | institutions as shall be hereafter established by the |
11 | Commonwealth, and making an appropriation therefor." The |
12 | following apply: |
13 | (1) Except as otherwise provided in 61 Pa.C.S. Ch. 31 |
14 | Subch. B, all activities initiated under the act of June 1, |
15 | 1915 (P.L.656, No.289) shall continue and remain in full |
16 | force and effect and may be completed under 61 Pa.C.S. Ch. 31 |
17 | Subch. B. Resolutions, orders, regulations, rules and |
18 | decisions which were made under the act of June 1, 1915 |
19 | (P.L.656, No.289) and which are in effect on the effective |
20 | date of this section shall remain in full force and effect |
21 | until revoked, vacated or modified under 61 Pa.C.S. Ch. 31 |
22 | Subch. B. Contracts, obligations and agreements entered into |
23 | under the act of June 1, 1915 (P.L.656, No.289) are not |
24 | affected nor impaired by the repeal of the act of June 1, |
25 | 1915 (P.L.656, No.289). |
26 | (2) Any difference in language between 61 Pa.C.S. Ch. 31 |
27 | Subch. B and the act of June 1, 1915 (P.L.656, No.289) is |
28 | intended only to conform to the style of the Pennsylvania |
29 | Consolidated Statutes and is not intended to change or affect |
30 | the legislative intent, judicial construction or |
|
1 | administrative interpretation and implementation of the act |
2 | of June 1, 1915 (P.L.656, No.289). |
3 | Section 10. The following act is repealed: |
4 | (1) The General Assembly finds and declares that the |
5 | repeal under paragraph (2) is necessary to effectuate the |
6 | addition of 61 Pa.C.S. Ch. 31 Subch. B. |
7 | (2) The act of June 1, 1915 (P.L.656, No.289), entitled |
8 | "An act providing a system of employment and compensation for |
9 | the inmates of the Eastern Penitentiary, Western |
10 | Penitentiary, and the Pennsylvania Industrial Reformatory at |
11 | Huntingdon, and for such other correctional institutions as |
12 | shall be hereafter established by the Commonwealth, and |
13 | making an appropriation therefor," is repealed. |
14 | Section 11. The following provisions shall apply |
15 | retroactively to November 9, 2009: |
16 | (1) The addition of 61 Pa.C.S. §§ 1105 and 7115. |
17 | (2) Section 8 of this act. |
18 | Section 12. The following shall apply retroactively to |
19 | October 12, 2009: |
20 | (1) The amendment of 61 Pa.C.S. §§ 1721, 1722, and 1723. |
21 | (2) The amendment of the headings of Subchapters B and C |
22 | of Chapter 17. |
23 | Section 13. This act shall take effect as follows: |
24 | (1) The addition of 61 Pa.C.S. § 3705 shall take effect |
25 | in 30 days. |
26 | (2) The addition of 61 Pa.C.S. Ch. 70 shall take effect |
27 | in 60 days. |
28 | (3) The remainder of this act shall take effect |
29 | immediately. |
| |
|