PRINTER'S NO. 2066
No. 1699 Session of 1989
INTRODUCED BY LINTON, STEIGHNER, MAIALE, HOWLETT, NAHILL,
GIGLIOTTI, PESCI, KOSINSKI, McHALE, ROBINSON, TIGUE, BUNT,
PISTELLA, DIETTERICK, J. H. CLARK, PRESTON, ACOSTA, JOSEPHS,
MICHLOVIC, CIVERA, KUKOVICH, MELIO, EVANS, CARN, FOX,
DeWEESE, TRELLO, VEON, JAMES AND SERAFINI, JUNE 14, 1989
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 14, 1989
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 the membership by the
18 board.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. Section 2 of the act of August 6, 1941 (P.L.861,
22 No.323), referred to as the Pennsylvania Board of Probation and
23 Parole Law, amended October 9, 1986 (P.L.1424, No.134), is
24 amended to read:
1 Section 2. There shall be and there is hereby established an
2 independent administrative board for the administration of the
3 probation and parole laws of this Commonwealth which shall be
4 known as the "Pennsylvania Board of Probation and Parole," and
5 which is hereinafter referred to as the "board." Said board
6 shall consist of [five] seven members who shall be appointed by
7 the Governor, by and with the advice and consent of a majority
8 of all the members of the Senate, and each of whom shall hold
9 office for a term of six years, or until his successor shall
10 have been duly appointed and qualified, but in no event more
11 than ninety days beyond the expiration of his appointed term.
12 Vacancies occurring in an office of member of the board by
13 expiration of term, death, resignation, removal or for any other
14 reason shall be filled in the manner provided by section 8 of
15 Article IV of the Constitution of Pennsylvania for the remainder
16 of the term. Whenever a board member's term expires, that
17 member's position shall be immediately deemed a vacancy and the
18 Governor shall nominate a person to fill that membership
19 position on the board within ninety days of the date of
20 expiration, even if the member continues to remain on the board.
21 To be eligible to be appointed by the Governor for membership on
22 the board, an individual shall have at least six years of
23 professional experience in parole, probation, social work or
24 related areas, including one year in a supervisory or
25 administrative capacity and a bachelor's degree. Any equivalent
26 combination of experience and training shall be acceptable.
27 Subject to the provisions of this act, the board shall have
28 all the powers and shall perform the duties generally vested in
29 and imposed upon independent administrative boards and
30 commissions by the act, approved the ninth day of April, one
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1 thousand nine hundred twenty-nine (Pamphlet Laws, one hundred
2 seventy-seven), designated as "The Administrative Code of 1929,"
3 and its amendments, and shall be subject to all the provisions
4 of such code which apply generally to independent administrative
5 boards and commissions.
6 Section 2. This act shall take effect in 60 days.
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