PRINTER'S NO. 247
No. 239 Session of 1991
INTRODUCED BY PICCOLA, CALTAGIRONE, HAGARTY, HECKLER, MAIALE,
VEON, NAILOR, GRUITZA, BARLEY, LaGROTTA, NOYE, DERMODY,
VROON, JOSEPHS, STISH, DALEY, MARSICO, COHEN, GEIST, TRELLO,
GODSHALL, FAJT, CLYMER, BILLOW, MERRY, KRUSZEWSKI, HALUSKA,
HERMAN, DEMPSEY, CORNELL, FAIRCHILD, BUNT, WAMBACH,
E. Z. TAYLOR, ADOLPH, SCHEETZ, CAPPABIANCA, COY, STABACK,
D. W. SNYDER, SEMMEL AND SAURMAN, FEBRUARY 4, 1991
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 4, 1991
AN ACT
1 Providing for a system of post-release supervision; establishing
2 an adjudicative agency to render decisions regarding
3 violations and providing for its powers and duties; providing
4 for the supervision of offenders by the Department of
5 Corrections and transferring supervisory powers and duties to
6 that department; providing for work-related time and earned
7 time; continuing the Advisory Committee on Probation; and
8 making repeals.
9 It is the intent of the General Assembly that the sentencing
10 policy of the Commonwealth shall be readily understandable by
11 the citizens of this Commonwealth and shall provide for
12 increased certainty, proportionality and fairness in criminal
13 sentencing. To achieve these ends, the General Assembly is
14 establishing with this act a truth in sentencing structure.
15 Further, it is the intent of the General Assembly to maintain
16 parole supervision as a disciplinary and corrective process so
17 that persons sentenced to imprisonment for crime shall, on
18 release therefrom, be subjected to a period of parole for their
1 rehabilitation, adjustment and restoration to social and
2 economic life.
3 TABLE OF CONTENTS
4 Chapter 1. General Provisions
5 Section 101. Short title.
6 Section 102. Definitions.
7 Chapter 3. Board of Parole
8 Section 301. Establishment and composition.
9 Section 302. Incompatible offices.
10 Section 303. Removal of members.
11 Section 304. Chairman.
12 Section 305. Secretary.
13 Section 306. Compensation.
14 Section 307. Seal.
15 Section 308. Quorum.
16 Section 309. Employees.
17 Section 310. Removal of employees.
18 Section 311. Political activity.
19 Section 312. Powers and duties generally.
20 Section 313. Panels.
21 Chapter 5. Sentence and Parole
22 Section 501. Powers of board and court.
23 Section 502. Duties of prison officials.
24 Section 503. Sentencing and parole plan.
25 Section 504. Parole supervision.
26 Section 505. Offender not paroled.
27 Section 506. Notice to victim.
28 Section 507. Notice to victim of escape.
29 Section 508. Convicted violators.
30 Section 509. Appeal of sanction.
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1 Chapter 7. Supervision of Offenders
2 Section 701. Powers relating to supervision.
3 Section 702. Other powers enumerated.
4 Section 703. Access to records.
5 Section 704. Controlled substances.
6 Section 705. Parole districts.
7 Section 706. Peace officers.
8 Section 707. Deputization of certain agents.
9 Section 708. Reciprocal agreements with other states.
10 Section 709. Relationship with Board of Pardons.
11 Chapter 9. Work-Related and Earned Time
12 Section 901. Work-related time.
13 Section 902. Earned time.
14 Section 903. Report to legislative committees.
15 Chapter 15. Miscellaneous Provisions
16 Section 1501. Advisory Committee on Probation.
17 Section 1502. Transfer provisions.
18 Section 1503. Repeals.
19 Section 1504. Effective date.
20 The General Assembly of the Commonwealth of Pennsylvania
21 hereby enacts as follows:
22 CHAPTER 1
23 GENERAL PROVISIONS
24 Section 101. Short title.
25 This act shall be known and may be cited as the Sentencing
26 Reform Act.
27 Section 102. Definitions.
28 The following words and phrases when used in this act shall
29 have the meanings given to them in this section unless the
30 context clearly indicates otherwise:
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1 "Advisory committee" or "committee." The Advisory Committee
2 on Parole.
3 "Board." The Pennsylvania Board of Parole.
4 "Department." The Department of Corrections of the
5 Commonwealth.
6 CHAPTER 3
7 BOARD OF PAROLE
8 Section 301. Establishment and composition.
9 (a) Establishment.--There is hereby established an
10 independent administrative board which shall be known as the
11 Pennsylvania Board of Parole.
12 (b) Composition and terms.--
13 (1) The board shall consist of five members who shall be
14 appointed by the Governor, by and with the advice and consent
15 of a majority of all the members of the Senate, and each of
16 whom shall hold office for a term of six years, or until his
17 successor shall have been duly appointed and qualified, but
18 in no event more than 90 days beyond the expiration of his
19 appointed term.
20 (2) This board shall be deemed a continuation of the
21 former Pennsylvania Board of Probation and Parole and all
22 members of that board on the effective date of this act shall
23 be deemed members of the Pennsylvania Board of Parole, until
24 the expiration of their current terms and as otherwise
25 provided in this act.
26 (c) Vacancies.--Vacancies occurring by expiration of term,
27 death, resignation, removal or for any other reason shall be
28 filled in the manner provided by section 8 of Article IV of the
29 Constitution of Pennsylvania for the remainder of the term.
30 Whenever a board member's term expires, that member's position
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1 shall be immediately deemed a vacancy and the Governor shall
2 nominate a person to fill that membership position on the board
3 within 90 days of the date of expiration, even if the member
4 continues to remain on the board.
5 (d) Eligibility.--To be eligible for membership on the
6 board, an individual shall have at least six years of
7 professional experience in parole, probation, social work or
8 related areas, including one year in a supervisory or
9 administrative capacity and a bachelor's degree. Any equivalent
10 combination of experience and training shall be acceptable.
11 Section 302. Incompatible offices.
12 The members of the board shall not hold any other public
13 office or employment, nor engage in any business, profession or
14 employment during their terms of service as members.
15 Section 303. Removal of members.
16 Members shall hold their offices during the terms for which
17 they shall have been appointed, so long as they shall behave
18 themselves well. A member of the board may be removed by the
19 Governor, by and with the advice and consent of two-thirds of
20 all the members of the Senate. During a recess of the Senate,
21 the Governor may suspend a member of the board for cause, and
22 before suspension he shall furnish to such member a statement in
23 writing of the reasons for his proposed suspension, and such
24 suspension shall operate and be effective only until the
25 adjournment of the next session of the Senate following such
26 suspension.
27 Section 304. Chairman.
28 The Governor shall, from time to time as the occasion may
29 arise, designate one of the members of the board to be its
30 chairman who shall direct the operations of the board and
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1 fulfill the functions established by this act. He shall preside
2 at all meetings of the board and perform all the duties and
3 functions of chairman thereof, including organizing, staffing,
4 controlling, directing and administering the work of the staff.
5 The board may designate one of its members to act as chairman
6 during the absence or incapacity of the chairman and, when so
7 acting, the member so designated shall have and perform all the
8 powers and duties of chairman of the board, but shall not
9 receive any additional compensation for so acting. The chairman,
10 in performing his duties, shall act in accordance with the
11 policies and procedures established by the board.
12 Section 305. Secretary.
13 The board shall appoint a secretary, who shall not be a
14 member of the board and who shall hold office at its pleasure.
15 The secretary shall have such powers and duties as the board
16 shall prescribe, and shall receive such compensation as the
17 board shall determine, in conformity with the rules of the
18 Executive Board. In the absence or incapacity of the secretary
19 to act, the board may designate such other person as it may
20 choose to perform temporarily the duties of secretary.
21 Section 306. Compensation.
22 The salaries of board members shall be set by the Executive
23 Board.
24 Section 307. Seal.
25 The board shall adopt an official seal by which its acts and
26 proceedings shall be authenticated and of which the courts shall
27 take judicial notice. The certificate of the chairman of the
28 board, under the seal of the board and attested by the
29 secretary, shall be accepted in evidence in any judicial
30 proceeding in any court of this Commonwealth as adequate and
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1 sufficient proof of the acts and proceedings of the board
2 therein certified to.
3 Section 308. Quorum.
4 A majority of the board shall constitute a quorum for
5 transacting business. A majority vote of those present at any
6 meeting shall be sufficient for any official action taken by the
7 board.
8 Section 309. Employees.
9 (a) Appointment.--The principal office of the board shall be
10 in Harrisburg, and the board shall appoint and employ therein
11 such number and character of employees as may be necessary to
12 carry out this act. The salaries of persons so appointed and
13 employed by the board shall be fixed by the board.
14 (b) Compensation.--In fixing compensation for its officers,
15 clerks and employees, the board shall have regard to the kind,
16 grade or class of service to be rendered, and whenever any
17 standard compensation has been fixed by the Executive Board for
18 any kind, grade or class of service or employment, the
19 compensation of all persons appointed or employed by the board
20 in the same kind, grade or class shall be fixed by it in
21 accordance with such standard.
22 Section 310. Removal of employees.
23 No employee of the board, except the secretary, shall be
24 removed, discharged or reduced in pay or position, except for
25 cause, and only after giving him the reasons therefor in writing
26 and affording him an opportunity to be heard in answer thereto.
27 An employee may, however, be suspended without pay and without
28 hearing for a period not exceeding 30 days, but the reason or
29 reasons for this suspension shall be given to the employee by
30 the board in writing. Successive suspensions of the same
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1 employee shall not be made.
2 Section 311. Political activity.
3 (a) General rule.--
4 (1) No member of the board, or officer, clerk or
5 employee thereof, or any person officially connected
6 therewith, shall take any active part in politics or be a
7 member of or delegate or alternate to any political
8 convention or be present at such convention, except in the
9 performance of official duties under this act. No member of
10 the board, officer, clerk or employee thereof, or any person
11 officially connected therewith, shall serve as a member of or
12 attend the meetings of any committee of any political party,
13 or take any part in political management or political
14 campaigns, or use his office to influence political
15 movements, or to influence the action of any other officer,
16 clerk or employee of the board.
17 (2) No member of the board, officer, clerk or employee
18 thereof, or any person officially connected therewith, shall
19 in any way or manner interfere with or participate in the
20 conduct of any election or the preparation therefor at the
21 polling place, or with the election officers while counting
22 the votes or returning the ballot boxes, books, papers,
23 election paraphernalia and machinery to the place provided by
24 law, or be within any polling place, save only for the
25 purpose of voting as speedily as it reasonably can be done,
26 or be otherwise within 50 feet thereof, except for purposes
27 of ordinary travel or residence during the period of time
28 beginning with one hour preceding the opening of the polls
29 for holding the election and ending with the time when the
30 election officers shall have finished counting the votes and
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1 have left the polling place.
2 (3) No member of the board, officer, clerk or employee
3 thereof, or any person officially connected therewith, shall
4 directly or indirectly make or give, demand or solicit, or be
5 in any manner concerned in making, giving, demanding,
6 soliciting or receiving any assessments, subscriptions or
7 contributions, whether voluntary or involuntary, to any
8 political party or for any political purpose whatsoever.
9 (b) Penalty.--Any person who violates any provision of this
10 section commits a misdemeanor, punishable by a fine not
11 exceeding $500 and imprisonment not exceeding one year.
12 Additionally, such person shall forfeit his office or
13 employment, as the case may be, and shall not thereafter be
14 appointed or employed by the board in any position or capacity
15 whatsoever. It shall be the duty of the board to dismiss from
16 his office or employment any officer, clerk or employee thereof
17 who violates this section.
18 Section 312. Powers and duties generally.
19 Subject to the provisions of this act, the board shall have
20 all the powers and shall perform the duties generally vested in
21 and imposed upon independent administrative boards and
22 commissions by the act of April 9, 1929 (P.L.177, No.175), known
23 as The Administrative Code of 1929.
24 Section 313. Panels.
25 (a) Composition.--The board may make decisions on parole,
26 violations or prohibiting the parole of an offender pursuant to
27 section 505 in panels of two persons. A panel shall consist of
28 one board member and one hearing examiner or of two board
29 members. Panels shall be appointed by the chairman or the
30 chairman's designee.
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1 (b) Disagreements.--If there is disagreement on a parole
2 violation or prohibition of parole pursuant to section 505
3 between the members of the panel, the matter shall be decided by
4 three board members appointed by the chairman or the chairman's
5 designee. At least two of these members must not have been on
6 the disagreeing panel, if practicable.
7 (c) Review of decision.--An interested party may appeal a
8 revocation decision within 30 days of the board's order. The
9 decision shall be reviewed by three board members appointed by
10 the chairman or the chairman's designee. If practicable, at
11 least two of the board members reviewing the decision must not
12 have been on the panel whose decision is being appealed. The
13 three board members deciding the appeal may affirm, reverse or
14 remand the decision of the panel or may order the matter be
15 heard de novo.
16 CHAPTER 5
17 SENTENCE AND PAROLE
18 Section 501. Powers of board and court.
19 (a) Board.--The board shall have exclusive power to prohibit
20 parole of an offender under section 505 and to impose sanctions
21 for parole violations on all persons heretofore or hereafter
22 sentenced by any court in this Commonwealth to a maximum term of
23 imprisonment of two years or more in a State correctional
24 institution or county prison.
25 (b) Court.--Nothing herein contained shall prevent any court
26 of this Commonwealth from paroling any person sentenced by it
27 for a maximum period of less than two years.
28 (c) Period described.--The period of two years herein
29 referred to shall mean the entire continuous term of sentence to
30 which a person is subject, whether the same be by one or more
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1 sentences, as now or hereafter authorized by law to be imposed
2 for criminal offenses pursuant to 42 Pa.C.S. Ch. 97 (relating to
3 sentencing).
4 Section 502. Duties of prison officials.
5 It shall be the duty of all prison officials at all
6 reasonable times to grant access to any prisoner who is under
7 the jurisdiction of the board, by the members of the board or
8 its properly accredited representatives, and all prison
9 officials shall at all reasonable times provide for the board or
10 its properly accredited representatives facilities for
11 communicating with and observing the prisoner while imprisoned.
12 Prison officials shall also furnish to the board, from time to
13 time, those reports concerning the conduct of prisoners in their
14 custody as the board shall, by general rule or special order,
15 require, together with any other facts deemed pertinent by the
16 board.
17 Section 503. Sentencing and parole plan.
18 (a) Terms.--Every sentence of imprisonment imposed after the
19 effective date of this act, excluding life sentences for murder,
20 shall include both a minimum and a maximum term, with the
21 minimum not to exceed the maximum imposed. Except for an
22 offender sentenced to a maximum term of imprisonment of less
23 than two years, any other offender sentenced to imprisonment
24 after the effective date of this act shall, except as provided
25 in section 505, be released to a parole plan after serving the
26 minimum term fixed by the court in its sentence or by the Board
27 of Pardons in a sentence which has been reduced by commutation,
28 minus any work-related time as provided for in section 901 and
29 earned time as provided for in section 902 for which he is
30 eligible.
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1 (b) Parole plan.--A parole plan shall consist of:
2 (1) A residence investigated by the department staff.
3 (2) A verifiable means of support, which may include
4 employment or an educational or training program,
5 investigated by the department staff.
6 (3) General and special conditions of parole to be
7 determined by the department.
8 Section 504. Parole supervision.
9 (a) Time period.--Following release, all offenders shall be
10 subject to parole supervision for the duration of the maximum
11 sentence imposed.
12 (b) Sanctions.--
13 (1) The board shall have the power during the period of
14 parole to impose sanctions pursuant to guidelines adopted by
15 the Pennsylvania Commission on Sentencing for violation of
16 any conditions set by the Department of Corrections for
17 offenders subject to the jurisdiction of the board. For
18 offenders subject to the parole supervision of the sentencing
19 court, the sentencing court has the power to impose sanctions
20 for violation of any conditions set by the sentencing court.
21 (2) In every case in which the board imposes a sanction
22 for parole violation, the board shall make as a part of the
23 record a statement of the reason or reasons for the sanction
24 imposed. A copy thereof shall be forwarded to the
25 Pennsylvania Commission on Sentencing. In every case where
26 the board imposes a sanction outside the parole violation
27 guidelines adopted by the Pennsylvania Commission on
28 Sentencing, the board shall provide a contemporaneous written
29 statement of the reason or reasons for the deviation from the
30 guidelines. Failure to comply shall be grounds for vacating
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1 the sanction and resanctioning the offender.
2 (3) If incarceration is the sanction, the period of
3 recommitment shall not extend beyond the maximum sentence
4 imposed and the supervision period following rerelease shall
5 extend to the expiration of the maximum sentence.
6 Section 505. Offender not paroled.
7 (a) Grounds.--The board may, in its discretion upon petition
8 of the department and after a hearing, order an offender not to
9 be paroled upon the completion of his minimum term if the
10 department demonstrates that the offender demonstrated violent
11 behavior while incarcerated, repeatedly violated the rules and
12 regulations of the department while imprisoned or committed one
13 serious violation thereof. The department shall recommend to the
14 board the length of time for which the offender should continue
15 to be imprisoned.
16 (b) Evidence.--In determining that a parole violation took
17 place, or upon a petition filed pursuant to subsection (a), the
18 members of the board acting thereon shall not be required to
19 personally see or hear all the witnesses and evidence submitted
20 to them for their action, but they may act on reports submitted
21 to them by their agents and employees, together with any
22 pertinent and adequate information furnished to them by fellow
23 members of the board or by others.
24 Section 506. Notice to victim.
25 (a) Concerns regarding parole.--No later than 90 days prior
26 to the parole date of an offender, the department shall notify
27 the victim of the offense for which the offender was sentenced,
28 or a member of the immediate family of the victim if the victim
29 was a juvenile, is incapable of communicating or died as a
30 result of the defendant's conduct of the opportunity to submit a
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1 statement expressing concerns or recommendations regarding
2 parole supervision of the offender.
3 (b) Enrollment in program.--Each victim or family member
4 shall be responsible for enrolling in the department's victim
5 program by notifying the department of his intention to submit
6 such a statement and to provide and keep a current and
7 appropriate mailing address.
8 (c) Procedure.--The department shall notify such person at
9 his last known mailing address. The person shall submit the
10 statement to the department within 30 days of the date of
11 notice. The statement shall be referred to by the department
12 during preparation of the parole plan and the setting of special
13 conditions of parole for the offender pursuant to section 503.
14 Section 507. Notice to victim of escape.
15 Upon the escape of an offender from any correctional
16 institution under the jurisdiction of the department, the
17 department shall immediately notify any enrolled victim of the
18 offense for which the offender was sentenced, or a member of the
19 immediate family of the victim if the victim was a juvenile, is
20 incapable of communicating or died as a result of the offender's
21 conduct.
22 Section 508. Convicted violators.
23 (a) General rule.--
24 (1) Any parolee under the jurisdiction of the board
25 released from any State correctional institution or county
26 jail in this Commonwealth who, during the period of parole or
27 while delinquent on parole, commits any crime punishable by
28 imprisonment, for which he is convicted or found guilty by a
29 judge or jury or to which he pleads guilty or nolo contendere
30 at any time thereafter in a court of record, may, at the
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1 discretion of the board, upon application of parole violation
2 guidelines for convicted violators adopted by the
3 Pennsylvania Commission on Sentencing, be recommitted as a
4 parole violator. The period of time for which the parole
5 violator is required to serve shall be computed from and
6 begin on the date that he is taken into custody to be
7 returned to the institution as a parole violator.
8 (2) If a new sentence or sentences are imposed upon such
9 parolee, the service of the balance of the term originally
10 imposed shall precede the commencement of the new term
11 imposed in all cases except where the parolee is paroled from
12 a county correctional institution and the new sentence, or at
13 least one of the new sentences, is to be served in a State
14 correctional institution. In that case, the service of the
15 new sentence or sentences shall precede the service of the
16 balance of the original term.
17 (b) Technical violators.-- Any parolee under the
18 jurisdiction of the board released from any State correctional
19 institution or county jail in this Commonwealth who, during the
20 period of parole, violates the terms and conditions of his
21 parole, other than by the commission of a new crime of which he
22 is convicted or found guilty by a judge or jury or to which he
23 pleads guilty or nolo contendere in a court of record, may be
24 recommitted or ordered to comply with increased special
25 conditions of parole in the discretion of the board upon
26 applying parole violation guidelines for technical violators
27 adopted by the Pennsylvania Commission on Sentencing after
28 hearing before the board. If he is recommitted, he shall be
29 given credit for the time served on parole in good standing but
30 with no credit for delinquent time. If the offender is
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1 recommitted, a new parole date shall be set which may be
2 extended only upon petition by the department pursuant to
3 section 505.
4 (c) Recommitment.--Technical violators who are recommitted
5 shall serve the period of recommitment as follows:
6 (1) If paroled from a county penal or correctional
7 institution, to the same institution or to any other
8 institution to which legally transferred.
9 (2) If paroled from a State correctional institution
10 under the control and supervision of the department, to the
11 institution designated by the Secretary of Corrections.
12 Section 509. Appeal of sanction.
13 (a) Petition.--The parolee may file a petition for allowance
14 of appeal regarding the sanction imposed pursuant to section 508
15 to the appellate court that has initial jurisdiction for such
16 appeals. Allowance of appeal may be granted at the discretion of
17 the appellate court where it appears that there is a substantial
18 question that the sanction imposed is not appropriate under this
19 act.
20 (b) Vacation and remand.--The appellate court shall vacate
21 the sanction imposed and remand the case to the board with
22 instructions if it finds any of the following:
23 (1) The board purported to sanction within the
24 guidelines developed by the Pennsylvania Commission on
25 Sentencing but applied the guidelines erroneously.
26 (2) The board sanctioned within the guidelines developed
27 by the Pennsylvania Commission on Sentencing but the case
28 involves circumstances where the application of the
29 guidelines would be clearly unreasonable.
30 (3) The board sanctioned outside the guidelines and the
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1 sanction is unreasonable.
2 (c) Construction of act.--Nothing in this act shall be
3 construed to enlarge the parolee's ability to achieve parole
4 pending appeal.
5 CHAPTER 7
6 SUPERVISION OF OFFENDERS
7 Section 701. Powers relating to supervision.
8 (a) General rule.--
9 (1) The department shall have exclusive power to
10 supervise all persons during their parole period who are
11 heretofore or hereafter sentenced by any court in this
12 Commonwealth to a maximum term of imprisonment of two years
13 or more.
14 (2) The department shall also have the power to accept a
15 case for supervision or presentence investigation from a
16 county which, on December 31, 1985, maintained adult
17 probation offices and parole systems. The department shall
18 promulgate regulations establishing criteria for acceptance
19 of such cases.
20 (b) Other persons.--The department may accept responsibility
21 for supervision of persons placed on probation as it deems
22 appropriate if a court of criminal jurisdiction so directs and
23 if the term of probation is not less than two years or when
24 persons placed on probation are currently under the jurisdiction
25 of the department.
26 Section 702. Other powers enumerated.
27 The department shall have the power:
28 (1) To supervise and make presentence investigations and
29 reports when requested to do so by a court.
30 (2) To collect and maintain copies of presentence
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1 investigations and reports as necessary.
2 (3) To collect and maintain a record of all persons who
3 are placed on probation and parole.
4 (4) To collect, compile and publish statistical and
5 other information relating to probation and parole work in
6 all courts and such other information the department may deem
7 of value.
8 (5) To establish, by regulation, uniform Statewide
9 standards for the following:
10 (i) Presentence investigations.
11 (ii) The supervision of persons on probation and
12 parole.
13 (iii) The qualifications and minimum salaries for
14 personnel supervising persons on probation and parole.
15 (iv) The quality of probation and parole services.
16 The standards for the qualifications of probation and parole
17 personnel shall only apply to personnel appointed after the
18 date the standards are established. The department may
19 provide in-service training for county probation and parole
20 personnel when requested to do so by the court having
21 jurisdiction of such personnel.
22 (6) To administer a grant-in-aid program for the costs
23 incurred by any county which provides additional probation
24 staff for presentence investigations and for improved
25 probation and post-release supervision and programs, but only
26 to the extent that the additional staff and programs meet the
27 qualifications and standards established by the department.
28 The grant-in-aid shall provide 80% of the personnel salary
29 costs incurred by a county to administer these additional
30 services and programs. If insufficient funds are
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1 appropriated, each county shall receive a prorated reduction
2 in the grant-in-aid. The department shall establish rules and
3 regulations for the allocation of funds available for such
4 grants-in-aid.
5 (7) To enter into contracts for purchasing community
6 services to assist parolees and to supplement existing
7 programs.
8 (8) To adopt regulations establishing specific
9 composition, functions and responsibilities for citizens
10 advisory committees, and to receive reports, recommendations
11 or other input concerning parole supervision policies and
12 parole supervision-related concerns from these committees.
13 Section 703. Access to records.
14 All probation and parole officers appointed by any court of
15 this Commonwealth shall be required by the court to submit to
16 the department such information as the department may require on
17 forms prescribed and furnished by the department. The department
18 shall have free and ready access to all probation and parole
19 records of the counties of this Commonwealth.
20 Section 704. Controlled substances.
21 (a) Pre-parole drug screening.--
22 (1) The department may not release an offender on parole
23 unless the offender achieves a negative result within one
24 week prior to the date of release in a screening test
25 approved by the Department of Health for the detection of the
26 presence of controlled substances or designer drugs under the
27 act of April 14, 1972 (P.L.233, No.64), known as The
28 Controlled Substance, Drug, Device and Cosmetic Act. Persons
29 who are being paroled to a consecutive or concurrent detainer
30 sentence or being recommitted as a parole violator, and will
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1 remain in custody, are exempt until they are eligible for
2 release to the community. An offender who tests positive
3 under this section shall forfeit any work-related or earned
4 time in accordance with the regulations of the department.
5 (2) The cost of these pre-parole drug screening tests
6 for offenders subject to the jurisdiction of the department,
7 whether confined in a State or local correctional facility,
8 shall be paid by the department.
9 (b) Random screening.--
10 (1) The department shall establish as a condition of
11 parole for a parolee who, as an inmate, tested positive for
12 the presence of a controlled substance or a designer drug or
13 who is serving a sentence for a violation of The Controlled
14 Substance, Drug, Device and Cosmetic Act, or for a drug-
15 related crime, the parolee's participation in a drug-
16 treatment program and the achievement of negative results in
17 such screening tests randomly applied.
18 (2) The random screening tests shall be performed at the
19 discretion of the department, and the parolee undergoing the
20 tests shall be responsible for the costs of the tests. The
21 funds collected for the tests shall be applied against the
22 contract for such testing between the department and a
23 testing laboratory approved by the Department of Health.
24 Section 705. Parole districts.
25 The department may, with approval of the Governor, divide
26 this Commonwealth for administrative purposes into a suitable
27 number of districts, not to exceed ten, in each of which there
28 shall be a district office which shall have immediate charge of
29 the parole cases arising in the courts of the judicial districts
30 embraced within its territorial limits, but as occasion may
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1 require, the supervision of particular persons may be
2 transferred by the department to other appropriate districts.
3 Section 706. Peace officers.
4 Staff responsible for parole are hereby declared to be peace
5 officers and are hereby given police power and authority
6 throughout this Commonwealth to arrest without warrant, writ,
7 rule or process any probationer or parolee under the supervision
8 of the department for failing to report as required by the terms
9 of his probation or parole, or for any other violation thereof.
10 Section 707. Deputization of certain agents.
11 The Secretary of Corrections is hereby authorized and
12 empowered to deputize any person to act as an officer and agent
13 of this Commonwealth in effecting the return of any person who
14 has violated the terms and conditions of his probation or
15 parole. In any matter relating to the return of such a person,
16 any agent so deputized shall have all the powers of a police
17 officer of this Commonwealth. Any deputization shall be in
18 writing and any person authorized to act as an agent of this
19 Commonwealth, pursuant hereto, shall carry formal evidence of
20 his deputization and shall produce the same upon demand.
21 Section 708. Reciprocal agreements with other states.
22 In compliance with the Federal interstate compact laws, the
23 department is authorized to supervise persons paroled or placed
24 on probation by other states and now residing in this
25 Commonwealth, where such other states agree to perform similar
26 services for the department.
27 Section 709. Relationship with Board of Pardons.
28 The department shall be charged with the duty of making
29 investigations and recommendations to the Board of Pardons in
30 cases coming before it, and upon its request.
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1 CHAPTER 9
2 WORK-RELATED AND EARNED TIME
3 Section 901. Work-related time.
4 (a) General rule.--After the effective date of this section,
5 any offender serving a sentence of imprisonment, excluding
6 offenders serving life sentences for murder and mandatory
7 minimum sentences, shall be awarded work-related time after each
8 month during which the offender complies with work assignments
9 as determined by the department for offenders incarcerated in
10 institutions operated by the department.
11 (b) Accrual.--Offenders may accrue work-related time, up to
12 one day per month in accordance with regulations promulgated by
13 the department.
14 (c) Forfeiture of time.--An offender who is found guilty of
15 a misconduct violation as defined by the department shall
16 forfeit work-related time in accordance with regulations
17 promulgated by the department up to a maximum of 24 days for
18 each misconduct violation. An offender who escapes while serving
19 a Pennsylvania sentence or sentences shall forfeit all of the
20 work-related time the offender accrued prior to the escape.
21 (d) Construction of section.--Nothing in this section shall
22 be construed to create a right of transfer to a different State
23 correctional institution from the institution to which the
24 inmate has been assigned by exercise of the discretion of the
25 department, regardless of the availability of work assignments
26 at the assigned institution.
27 Section 902. Earned time.
28 (a) General rule.--
29 (1) After the effective date of this act, offenders may
30 accrue earned time, up to four days per month in accordance
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1 with regulations promulgated by the department. These
2 regulations shall define the minimum eligibility requirements
3 for inmate participation in an earned time program.
4 (2) The selection of eligible inmates to participate in
5 each program, as well as the number, size and type of
6 programs to be made available at each State institution,
7 shall be at the discretion of the Secretary of Corrections or
8 his designee.
9 (b) Participation not guaranteed.--Meeting the minimum
10 eligibility requirements shall not guarantee an inmate an
11 opportunity to participate in a program under this section nor
12 is any inmate guaranteed the availability of any particular
13 program.
14 (c) Regulations.--The department shall promulgate
15 regulations which shall provide for the following:
16 (1) A description of the programs for which time may
17 accrue.
18 (2) The amount of earned time that may accrue for each
19 individual program.
20 (3) The procedures for applying for admission to a
21 program.
22 (4) The standards which must be met by the offender
23 participant in order to earn all or any portion of the time
24 that may be accrued through satisfactory participation in the
25 program.
26 (5) A certification process indicating the Secretary of
27 Corrections or his designee has found the inmate has
28 successfully complied with such standards.
29 (6) The time and manner in which the time that has been
30 earned will be awarded to each participant.
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1 (7) Provisions for the awarding of earned time for
2 earning a high school diploma or its equivalent while in
3 prison.
4 (d) Forfeiture of time.--An offender who is found guilty of
5 a misconduct violation as defined by the department shall
6 forfeit earned time in accordance with regulations promulgated
7 by the department up to a maximum of 96 days for each misconduct
8 violation. An offender who escapes while serving a Pennsylvania
9 sentence or sentences shall forfeit all of the earned time the
10 offender accrued prior to the escape.
11 (e) Life and mandatory sentences.--An offender serving a
12 life sentence or a mandatory minimum sentence shall not be
13 eligible for earned time. However, an offender serving a life
14 sentence shall be eligible for earned time if his sentence is
15 reduced by commutation. In such cases, the offender shall be
16 eligible to receive earned time for each program satisfactorily
17 completed after the commutation is ordered.
18 (f) Parolees.--A parolee who has been returned to prison for
19 violations of parole shall not be eligible for earned time
20 during service of any new sentence imposed.
21 (g) Construction of section.--Nothing in this section shall
22 be construed to create a right of transfer to a different State
23 correctional institution from the institution to which the
24 inmate has been assigned by exercise of the discretion of the
25 department, regardless of the availability of programming at the
26 assigned institution.
27 (h) Purpose.--The purpose of earned time programs is to
28 provide an incentive for offenders serving a maximum term of two
29 years or more to achieve the maximum benefit from all
30 educational, treatment and vocational training programs which
19910H0239B0247 - 24 -
1 are currently available or which may be made available by the
2 department to promote their successful rehabilitation and
3 reintegration into society in a more positive and productive
4 manner.
5 Section 903. Report to legislative committees.
6 The Secretary of Corrections shall, each January, make a
7 report to the Judiciary Committee of the House of
8 Representatives and the Judiciary Committee of the Senate
9 regarding the status of the earned time and the meritorious time
10 credit systems. This report shall include, but not be limited
11 to, the following:
12 (1) The fiscal impact of these systems on the
13 department.
14 (2) A statement of credits earned by type.
15 (3) A statement of credits lost for inmate misconduct
16 violations and types of violations for which time was lost.
17 (4) Impact of the systems on the prison population.
18 (5) Changes in or regulations which are being developed
19 regarding earned time and meritorious time.
20 (6) Recommendations for statutory changes in the earned
21 time and meritorious time credit system.
22 CHAPTER 15
23 MISCELLANEOUS PROVISIONS
24 Section 1501. Advisory Committee on Probation.
25 (a) Continuation.--The Advisory Committee on Probation is
26 hereby continued as an advisory committee to assist the
27 department in matters relating to probation.
28 (b) Composition, appointment, terms, vacancies and
29 chairman.--The advisory committee shall consist of nine members,
30 seven of whom shall be appointed by the Governor, with the
19910H0239B0247 - 25 -
1 consent of a majority of all the members of the Senate. At least
2 two of the seven members shall be judges of courts of record of
3 this Commonwealth, at least one of the seven members shall be a
4 county commissioner and the remaining members shall be qualified
5 in the field of probation and parole either by training or
6 experience. The President pro tempore of the Senate and the
7 Speaker of the House of Representatives shall each appoint a
8 member of their respective houses to serve as members of the
9 committee. The term of a member hereafter appointed, except to
10 fill a vacancy, shall be for four years and until their
11 successors have been appointed and qualified, but in no event
12 more than 90 days beyond the expiration of their appointed term.
13 The terms of members of the committee who are appointed by
14 virtue of holding an office as a member of the General Assembly,
15 as a judge or as a county commissioner shall be coterminus with
16 the term of their elected office. Vacancies occurring in an
17 office of a member of the advisory committee by expiration of
18 term, death, resignation, removal or for any other reason shall
19 be filled in the manner provided by section 8 of Article IV of
20 the Constitution of Pennsylvania for the remainder of the term.
21 Whenever the term of an advisory committee member, other than
22 one who is a member of the General Assembly, expires, that
23 member's position shall be immediately deemed a vacancy and the
24 Governor shall nominate a person to fill that membership
25 position on the committee within 90 days of the date of
26 expiration, even if the member continues to remain on the
27 committee. The Governor shall designate one of the members of
28 the committee as its chairman.
29 (c) Expenses.--Each member of the advisory committee shall
30 be paid all reasonable and necessary travel and other expenses
19910H0239B0247 - 26 -
1 incurred by him in the performance of his duties.
2 (d) Formulation and review of standards and services.--The
3 advisory committee shall aid the department in formulating and
4 reviewing standards for probation personnel and probation
5 services in the counties.
6 Section 1502. Transfer provisions.
7 All personnel, appropriations, equipment, files, records,
8 contracts, agreements, obligations and other materials which are
9 used, employed or expended in connection with the powers, duties
10 or functions transferred by this act from the Pennsylvania Board
11 of Parole to the Department of Corrections are hereby
12 transferred to that department with the same force and effect as
13 if the appropriations had been made to and said items had been
14 the property of the department in the first instance and as if
15 said contracts, agreements and obligations had been incurred or
16 entered into by the department.
17 Section 1503. Repeals.
18 The following acts or parts of acts are repealed:
19 Act of June 19, 1911 (P.L.1059, No.813), entitled "An act
20 extending the powers of judges of courts of quarter sessions and
21 of oyer and terminer, in relation to releasing prisoners in
22 jails and workhouses on parole."
23 Act of May 28, 1913 (P.L.363, No.247), entitled "An act
24 regulating the discharge of prisoners on parole, from the penal
25 institutions of the Commonwealth."
26 Sections 16, 19, 20 and 27 of the act of July 25, 1913
27 (P.L.1311, No.816), entitled "An act providing for the
28 establishment of a State Industrial Home for Women; authorizing
29 the purchase of a site, and the erection thereon and equipment
30 of necessary buildings; providing for the commitment to said
19910H0239B0247 - 27 -
1 State Industrial Home for Women of females between the ages of
2 sixteen and thirty years, convicted of, or pleading guilty to,
3 the commission of any criminal offense; and providing for the
4 government and management of said institution; and making an
5 appropriation to carry out the purposes of this act."
6 Act of May 1, 1929 (P.L.1182, No.414), entitled "An act
7 providing the procedure and the powers of the State Board of
8 Pardons and boards of trustees of penitentiaries where prisoners
9 released on parole violate the terms of such parole; and fixing
10 the penalty for such violation."
11 Act of June 22, 1931 (P.L.864, No.280), entitled "An act
12 making a convict whose minimum sentence exceeds one-half of the
13 maximum sentence eligible to apply for release on parole when
14 said convict has served or will have served one-half his maximum
15 sentence."
16 Act of August 6, 1941 (P.L.861, No.323), referred to as the
17 Pennsylvania Board of Probation and Parole Law.
18 Act of December 13, 1955 (P.L.841, No.246), entitled "An act
19 authorizing cooperative return of parole and probation violators
20 and the making of contracts or deputization of persons pursuant
21 thereto."
22 As much of 42 Pa.C.S. § 9755(b) which reads: "which shall not
23 exceed one-half of the maximum sentence imposed."
24 As much of 42 Pa.C.S. § 9756(b) which reads: "which shall not
25 exceed one-half of the maximum sentence imposed."
26 42 Pa.C.S. § 9756(c).
27 The last sentence of 42 Pa.C.S. § 9757 which reads: "Such
28 minimum sentence shall not exceed one-half of the maximum
29 sentence imposed."
30 Section 1504. Effective date.
19910H0239B0247 - 28 -
1 This act shall take effect in 60 days.
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