SENATE AMENDED
        PRIOR PRINTER'S NOS. 3464, 3558               PRINTER'S NO. 3707

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2580 Session of 1996


        INTRODUCED BY BOSCOLA, CALTAGIRONE, GEIST, STURLA, COY, HALUSKA,
           CARN, BROWNE, HERSHEY, ROBERTS, DeLUCA, MELIO, HORSEY, WAUGH,
           YOUNGBLOOD, STEELMAN, LUCYK, ROONEY, JOSEPHS, McGEEHAN, MERRY
           AND RAMOS, MAY 1, 1996

        SENATOR GREENLEAF, JUDICIARY, IN SENATE, AS AMENDED,
           JUNE 11, 1996

                                     AN ACT

     1  Amending the act of December 19, 1990 (P.L.1391, No.215),
     2     entitled "An act providing for motivational boot camps for
     3     certain youthful offenders; and providing for selection of
     4     participants," further providing for definitions AND FOR       <--
     5     SELECTION OF INMATE PARTICIPANTS.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8     Section 1.  Section 3 SECTIONS 3 AND 4(C) of the act of        <--
     9  December 19, 1990 (P.L.1391, No.215), known as the Motivational
    10  Boot Camp Act, is ARE amended to read:                            <--
    11  Section 3.  Definitions.
    12     The following words and phrases when used in this act shall
    13  have the meanings given to them in this section unless the
    14  context clearly indicates otherwise:
    15     "Commission."  The Pennsylvania Commission on Sentencing.
    16     "Department."  The Department of Corrections of the
    17  Commonwealth.


     1     "Eligible inmate."  A person sentenced to a term of
     2  confinement under the jurisdiction of the Department of
     3  Corrections who is serving a term of confinement, the minimum of
     4  which is not more than two years and the maximum of which is
     5  five years or less or an inmate who is serving a term of
     6  confinement the minimum of which is not more than five years
     7  where that inmate is within two years of completing his minimum
     8  term, and who has not reached 35 years of age at the time he is
     9  approved for participation in the motivational boot camp
    10  program. The term shall not include any inmate serving a
    11  sentence for any violation of one or more of the following
    12  provisions:
    13         18 Pa.C.S. § 2501 (relating to criminal homicide).
    14         18 Pa.C.S. § 2901 (relating to kidnapping).
    15         18 Pa.C.S. § 3121 (relating to rape).
    16         18 Pa.C.S. § 3123 (relating to involuntary deviate sexual
    17     intercourse).
    18         18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to
    19     robbery).
    20     "Motivational boot camp."  A program in which eligible
    21  inmates participate for a period of six months in a humane
    22  program for motivational boot camp programs which shall provide
    23  for rigorous physical activity, intensive regimentation and
    24  discipline, work on public projects, substance abuse treatment
    25  services licensed by the Department of Health, ventilation
    26  therapy, continuing education, vocational training and
    27  prerelease counseling.
    28     "Secretary."  The Secretary of Corrections of the
    29  Commonwealth.
    30  SECTION 4.  SELECTION OF INMATE PARTICIPANTS.                     <--
    19960H2580B3707                  - 2 -

     1     * * *
     2     (C)  DUTIES OF DEPARTMENT.--THE SECRETARY SHALL PROMULGATE
     3  RULES AND REGULATIONS PROVIDING FOR INMATE SELECTION CRITERIA
     4  AND THE ESTABLISHMENT OF MOTIVATIONAL BOOT CAMP SELECTION
     5  COMMITTEES WITHIN EACH DIAGNOSTIC AND CLASSIFICATION CENTER OF
     6  THE DEPARTMENT. IN THE CASE OF AN INMATE WHO IS SERVING A TERM
     7  OF CONFINEMENT THE MINIMUM OF WHICH IS NOT MORE THAN FIVE YEARS
     8  AND WHO IS WITHIN TWO YEARS OF COMPLETING HIS MINIMUM TERM, THE
     9  DEPARTMENT MAY IDENTIFY AND SELECT THAT INMATE FOR PARTICIPATION
    10  IN A MOTIVATIONAL BOOT CAMP EVEN IF THE INMATE WAS NOT
    11  IDENTIFIED AT THE TIME OF SENTENCING AS LONG AS THAT INMATE IS
    12  OTHERWISE ELIGIBLE TO PARTICIPATE.
    13     Section 2.  This act shall take effect in 60 days.












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