SENATE AMENDED
PRIOR PRINTER'S NOS. 501, 1824, 2944 PRINTER'S NO. 3126
No. 447 Session of 1985
INTRODUCED BY PRATT, SWEET, VROON, D. R. WRIGHT, LINTON,
PRESSMANN, ROBBINS, STABACK, ITKIN, COLAFELLA, WOZNIAK,
COHEN, ARTY, PISTELLA, MRKONIC, BELARDI, BATTISTO,
G. M. SNYDER, DUFFY, JAROLIN, GODSHALL, BURD, MICOZZIE,
E. Z. TAYLOR, DeLUCA, CHADWICK, RYBAK, DEAL, HAGARTY,
KASUNIC, LASHINGER, CIMINI, BALDWIN, OLASZ, GALLAGHER,
O'DONNELL, BLAUM AND D. W. SNYDER, FEBRUARY 25, 1985
AS AMENDED ON SECOND CONSIDERATION, IN SENATE, MARCH 18, 1986
AN ACT
1 Amending the act of August 6, 1941 (P.L.861, No.323), entitled,
2 as amended, "An act to create a uniform and exclusive system
3 for the administration of parole in this Commonwealth;
4 providing state probation services; establishing the
5 'Pennsylvania Board of Probation and Parole'; conferring and
6 defining its jurisdiction, duties, powers and functions;
7 including the supervision of persons placed upon probation
8 and parole in certain designated cases; providing for the
9 method of appointment of its members; regulating the
10 appointment, removal and discharge of its officers, clerks
11 and employes; dividing the Commonwealth into administrative
12 districts for purposes of probation and parole; fixing the
13 salaries of members of the board and of certain other
14 officers and employes thereof; making violations of certain
15 provisions of this act misdemeanors; providing penalties
16 therefor; and for other cognate purposes, and making an
17 appropriation," further providing for notification of victims
18 and for consideration of their opinions prior to granting
19 parole; AND FURTHER PROVIDING FOR POWERS AND DUTIES OF THE <--
20 BOARD.
21 The General Assembly of the Commonwealth of Pennsylvania
22 hereby enacts as follows:
23 Section 1. Section SECTIONS 16.2(A) AND 19 of the act of <--
24 August 6, 1941 (P.L.861, No.323), referred to as the
1 Pennsylvania Board of Probation and Parole Law, ADDED OR amended <--
2 December 27, 1965 (P.L.1230, No.501), is ARE amended to read: <--
3 SECTION 16.2. (A) THE BOARD SHALL HAVE THE POWER AND ITS <--
4 DUTY SHALL BE:
5 (1) TO SUPERVISE AND MAKE PRE-SENTENCE INVESTIGATIONS AND
6 REPORTS AS PROVIDED BY LAW;
7 (2) TO COLLECT AND MAINTAIN COPIES OF ALL PRE-SENTENCE
8 INVESTIGATIONS AND REPORTS;
9 (3) TO COLLECT AND MAINTAIN A RECORD OF ALL PERSONS WHO ARE
10 PLACED ON PROBATION AND PAROLE AFTER THE EFFECTIVE DATE OF THIS
11 AMENDMENT;
12 (4) TO COLLECT, COMPILE AND PUBLISH STATISTICAL AND OTHER
13 INFORMATION RELATING TO PROBATION AND PAROLE WORK IN ALL COURTS
14 AND SUCH OTHER INFORMATION THE BOARD MAY DEEM OF VALUE IN
15 PROBATION SERVICE; [AND]
16 (5) TO ESTABLISH BY REGULATION UNIFORM STATEWIDE STANDARDS
17 FOR (I) PRE-SENTENCE INVESTIGATIONS; (II) THE SUPERVISION OF
18 PROBATIONERS; (III) THE QUALIFICATIONS FOR PROBATION PERSONNEL;
19 (IV) MINIMUM SALARIES; AND (V) QUALITY OF PROBATION SERVICE. THE
20 STANDARDS FOR THE QUALIFICATIONS OF PROBATION PERSONNEL SHALL
21 ONLY APPLY TO PROBATION PERSONNEL APPOINTED AFTER THE DATE THE
22 STANDARDS ARE ESTABLISHED. SHOULD ANY PROBATION PERSONNEL
23 APPOINTED PRIOR TO THE DATE THE STANDARDS WERE ESTABLISHED FAIL
24 TO MEET THE STANDARDS, THE COURT HAVING JURISDICTION OF SUCH
25 PERSONNEL MAY REQUEST THE BOARD TO ESTABLISH IN-SERVICE TRAINING
26 FOR SUCH PERSONNEL IN ACCORDANCE WITH THE STANDARDS[.];
27 (6) TO ADOPT REGULATIONS ESTABLISHING SPECIFIC COMPOSITION,
28 FUNCTIONS AND RESPONSIBILITIES FOR THE CITIZENS ADVISORY
29 COMMITTEES, AND TO RECEIVE REPORTS, RECOMMENDATIONS OR OTHER
30 INPUT CONCERNING PAROLE POLICIES AND PAROLE-RELATED CONCERNS
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1 FROM THESE COMMITTEES ON A REGULAR BASIS;
2 (7) TO ADOPT REGULATIONS ESTABLISHING CRITERIA FOR BOARD
3 ACCEPTANCE OF CASES FOR SUPERVISION AND PRE-SENTENCE
4 INVESTIGATIONS FROM COUNTIES THAT ON DECEMBER 31, 1985,
5 MAINTAINED ADULT PROBATION OFFICES AND PAROLE SYSTEMS; AND
6 (8) TO ENTER INTO CONTRACTS FOR PURCHASING COMMUNITY
7 SERVICES TO ASSIST PAROLEES AND TO SUPPLEMENT EXISTING PROGRAMS.
8 * * *
9 Section 19. It shall be the duty of the board, upon the
10 commitment to prison of any person whom said board is herein
11 given the power to parole, to investigate and inform itself
12 respecting the circumstances of the offense for which said
13 person shall have been sentenced, and, in addition thereto, it
14 shall procure information as full and complete as may be
15 obtainable with regard to the character, mental characteristics,
16 habits, antecedents, connections and environment of such person.
17 The board shall further procure the stenographic record, if any,
18 of the trial, conviction and sentence, together with such
19 additional information regarding the crime for which sentence
20 was imposed as may be available. The board shall further cause
21 the conduct of the person while in prison and his physical,
22 mental and behavior condition and history, HIS HISTORY OF FAMILY <--
23 VIOLENCE, and his complete criminal record, as far as the same
24 may be known, to be investigated and reported. All public
25 officials having possession of such records or information are
26 hereby required and directed to furnish the same to the board
27 upon its request and without charge therefor. Said investigation
28 shall be made by the board so far as may be practicable while
29 the case is recent, and in granting paroles the board shall
30 consider the nature and character of the offense committed
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1 [and], any recommendation made by the trial judge [as well as],
2 the general character and history of the prisoner and the
3 written or personal statement or testimony of the victim or the
4 victim's family submitted pursuant to section 22.1 of this act.
5 The board shall, in all cases, consider the recommendations
6 of the trial judge and of the district attorney and of each
7 warden or superintendent, as the case may be, who has had charge
8 of an applicant, each of whom is directed to submit to the board
9 his recommendation and the reasons therefor, with respect to
10 each parole application.
11 Section 2. The act is amended by adding a section to read:
12 Section 22.1. The victim of the offense for which a prisoner <--
13 is incarcerated DEFENDANT IS SENTENCED or the, OR A MEMBER OF <--
14 THE immediate family of the victim if the victim died as a <--
15 result of the prisoner's conduct shall be notified before the
16 prisoner is paroled. The notice to the victim or victim's
17 immediate family, whichever is appropriate, shall be mailed to
18 the last known address of the addressee. The notice shall state
19 the name of the prisoner requesting parole and shall set forth
20 the date, time and place of any hearing to be held on the
21 application. The notice shall also inform them of their right to
22 appear personally or by counsel at the hearing or to submit a
23 written report to the board or the court expressing their
24 opinion concerning the release of the prisoner. Such notice
25 shall be given by the board or the court at least thirty days
26 before paroling a prisoner on its own motion, or at least thirty
27 days before the hearing on an application for parole.
28 The notification required by this section shall be given by
29 the board, in the case of a parole to be granted pursuant to
30 section 22 of this act; or by the court, in the case of a parole
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1 to be granted pursuant to section 17 of this act. VICTIM IS A <--
2 JUVENILE, IS INCAPABLE OF TESTIFYING OR DIED AS A RESULT OF THE
3 PRISONER'S DEFENDANT'S CONDUCT, SHALL BE NOTIFIED BY THE <--
4 DISTRICT ATTORNEY AT THE TIME OF SENTENCING IMMEDIATELY <--
5 FOLLOWING SENTENCING, IN CASES WHERE THE DEFENDANT HAS BEEN
6 SENTENCED TO A TERM OF IMPRISONMENT, THAT HE SHALL HAVE THE
7 OPPORTUNITY TO PRESENT A STATEMENT FOR THE PAROLE REPORT TO BE
8 CONSIDERED AT THE PAROLE HEARING OR TO TESTIFY TO THE PAROLE
9 BOARD EXPRESSING HIS OPINION CONCERNING THE RELEASE OF THE
10 PRISONER DEFENDANT. EACH VICTIM OR RELATIVE SHALL BE RESPONSIBLE <--
11 FOR NOTIFYING THE BOARD OF HIS INTENTION TO SUBMIT SUCH A
12 STATEMENT AND TO PROVIDE AND KEEP CURRENT AN APPROPRIATE MAILING
13 ADDRESS.
14 THE REPORT MAY INCLUDE A STATEMENT CONCERNING THE CONTINUING
15 NATURE AND EXTENT OF ANY PHYSICAL HARM OR PSYCHOLOGICAL OR
16 EMOTIONAL HARM OR TRAUMA SUFFERED BY THE VICTIM, THE EXTENT OF
17 ANY LOSS OF EARNINGS OR ABILITY TO WORK SUFFERED BY THE VICTIM
18 AND THE CONTINUING EFFECT OF THE CRIME UPON THE VICTIM'S FAMILY.
19 AT THE TIME PUBLIC NOTICE IS GIVEN THAT AN INMATE IS BEING
20 CONSIDERED FOR PAROLE PURSUANT TO THIS SECTION, THE BOARD SHALL
21 ALSO NOTIFY ANY VICTIM OR NEAREST RELATIVE WHO HAS PREVIOUSLY
22 CONTACTED THE BOARD OF THE AVAILABILITY TO PROVIDE A STATEMENT
23 FOR INCLUSION IN THE PAROLE REPORT OR TO PRESENT TESTIMONY FOR
24 INCLUSION AT THE PAROLE HEARING.
25 THE BOARD SHALL NOTIFY SUCH PERSON AT HIS LAST KNOWN MAILING
26 ADDRESS. THE NOTIFICATION REQUIRED BY THIS SECTION SHALL BE <--
27 GIVEN BY THE BOARD, IN THE CASE OF A PAROLE TO BE GRANTED
28 PURSUANT TO SECTION 22 OF THIS ACT; OR BY THE COURT, IN THE CASE
29 OF A PAROLE TO BE GRANTED PURSUANT TO SECTION 17 OF THIS ACT.
30 THE VICTIM OR FAMILY MEMBER SHALL NOTIFY THE BOARD WITHIN
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1 THIRTY DAYS FROM THE DATE OF THE NOTICE OF HIS INTENT TO PRESENT
2 TESTIMONY FOR A PAROLE HEARING. THIS TIME PERIOD MAY BE WAIVED
3 BY THE BOARD FOR GOOD CAUSE.
4 UPON THE VICTIM OR FAMILY MEMBER SUBMITTING A WRITTEN
5 STATEMENT TO THE BOARD SUBSEQUENT TO NOTICE, THE STATEMENT SHALL
6 BE MADE A PART OF THE BOARD'S FILE ON THE INMATE AND THE
7 INMATE'S CASE SHALL BE REFERRED TO A HEARING OFFICER DESIGNATED
8 TO CONDUCT PAROLE RELEASE HEARINGS.
9 UPON THE VICTIM OR FAMILY MEMBER INFORMING THE BOARD
10 SUBSEQUENT TO NOTICE BEING PROVIDED THAT SUCH PERSON INTENDS TO
11 TESTIFY, THE CHAIRPERSON SHALL ASSIGN THE INMATE'S CASE TO A
12 HEARING EXAMINER FOR THE PURPOSE OF RECEIVING SUCH PERSON'S
13 TESTIMONY.
14 THE ASSIGNED HEARING EXAMINER SHALL CONDUCT A HEARING WITHIN
15 THIRTY DAYS FROM THE DATE THE BOARD RECEIVED NOTIFICATION OF THE
16 INTENT TO OFFER TESTIMONY.
17 THE HEARING SHALL BE CONDUCTED AT A TIME AND PLACE AND ON A
18 DATE DETERMINED BY THE CHAIRPERSON OR DESIGNEE. NOTICE OF THE
19 TIME, PLACE AND DATE OF THE HEARING SHALL BE PROVIDED TO THE
20 VICTIM OR FAMILY MEMBER, IN WRITING, AND SHALL BE MAILED AT
21 LEAST TEN DAYS PRIOR TO THE HEARING DATE.
22 THE HEARING SHALL BE RECORDED BY AN ELECTRONIC RECORDING
23 DEVICE.
24 THE HEARING EXAMINER SHALL PREPARE A WRITTEN REPORT WITHIN A
25 REASONABLE AMOUNT OF TIME PRIOR TO THE HEARING DATE. A COPY OF
26 THE REPORT SHALL BE FORWARDED TO THE PERSON OFFERING TESTIMONY.
27 A COPY OF THE REPORT SHALL BE MADE A PART OF THE BOARD'S FILE ON
28 THE PRISONER.
29 UPON COMPLETION OF THE WRITTEN REPORT, THE PRISONER'S CASE
30 SHALL BE REFERRED TO A HEARING EXAMINER DESIGNATED TO CONDUCT
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1 PAROLE RELEASE HEARINGS.
2 THE HEARING SCHEDULED PURSUANT TO THIS SECTION SHALL BE
3 CONDUCTED, WHEN POSSIBLE, PRIOR TO A PAROLE RELEASE HEARING AND
4 PRIOR TO THE BOARD RENDERING A DECISION. HOWEVER, NOTHING HEREIN
5 SHALL BE CONSTRUED TO PRECLUDE THE BOARD FROM CONDUCTING A
6 TIMELY PAROLE RELEASE HEARING.
7 AFTER SUBMISSION OF THE REPORT, THE BOARD SHALL WITHIN A
8 REASONABLE AMOUNT OF TIME:
9 (1) EVALUATE THE INFORMATION PROVIDED;
10 (2) DETERMINE WHETHER THE DECISION SHALL BE AFFIRMED OR
11 MODIFIED;
12 (3) DETERMINE WHETHER A RESCISSION HEARING SHALL BE
13 CONDUCTED; AND
14 (4) NOTIFY THE PRISONER IN WRITING OF ITS DECISION.
15 ANY AND ALL STATEMENTS OR TESTIMONY OF THE VICTIM OR FAMILY
16 MEMBER SUBMITTED TO THE BOARD PERTAINING TO THE CONTINUING
17 NATURE AND EXTENT OF ANY PHYSICAL HARM OR PSYCHOLOGICAL OR
18 EMOTIONAL HARM OR TRAUMA SUFFERED BY THE VICTIM, THE EXTENT OF
19 ANY LOSS OF EARNINGS OR ABILITY TO WORK SUFFERED BY THE VICTIM
20 AND THE CONTINUING EFFECT OF THE CRIME UPON THE VICTIM'S FAMILY
21 SHALL NOT BE DEEMED CONFIDENTIAL AND SHALL BE RELEASED TO THE
22 PRISONER UNLESS THE WITHHOLDING OF THE STATEMENTS OR TESTIMONY
23 IS REQUESTED BY THE VICTIM AND THE HEARING OFFICER DETERMINES
24 THAT THE RELEASE OF THE STATEMENTS OR TESTIMONY WOULD ENDANGER
25 THE SAFETY OF THE PERSON PROVIDING THE STATEMENTS OR TESTIFYING.
26 THE BOARD ON ITS OWN MOTION MAY FOR GOOD CAUSE IDENTIFY ALL OR
27 PART OF THE STATEMENTS OR TESTIMONY AS CONFIDENTIAL.
28 ALL RECORDS MAINTAINED BY THE BOARD PERTAINING TO VICTIMS <--
29 SHALL BE KEPT SEPARATE AND CURRENT ADDRESS INFORMATION OF THE
30 VICTIM OR FAMILY MEMBERS SHALL BE DEEMED CONFIDENTIAL.
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1 A VICTIM OR THE FAMILY MEMBER WHO HAS SUBMITTED A WRITTEN
2 STATEMENT FOR THE PAROLE REPORT OR TESTIFIED AT A HEARING
3 PURSUANT TO THIS SECTION SHALL BE NOTIFIED BY THE BOARD OF THE
4 FINAL DECISION RENDERED IN THE PRISONER'S CASE.
5 Section 3. This act shall take effect in 60 days.
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