SENATE AMENDED
PRIOR PRINTER'S NOS. 3464, 3558, 3707 PRINTER'S NO. 3857
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 TILGHMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, JUNE 25, 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) SECTION 3 of the <--
9 act of December 19, 1990 (P.L.1391, No.215), known as the
10 Motivational Boot Camp Act, is ARE IS 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 THREE <--
7 years where that inmate is within two years of completing his
8 minimum term, and who has not reached 35 years of age at the
9 time he is approved for participation in the motivational boot
10 camp program. The term shall not include any inmate WHO IS <--
11 SUBJECT TO A SENTENCE THE CALCULATION OF WHICH INCLUDED AN
12 ENHANCEMENT FOR THE USE OF A DEADLY WEAPON AS DEFINED PURSUANT
13 TO THE SENTENCING GUIDELINES PROMULGATED BY THE PENNSYLVANIA
14 COMMISSION ON SENTENCING OR ANY INMATE serving a sentence for
15 any violation of one or more of the following provisions:
16 [18 Pa.C.S. § 2501 (relating to criminal homicide).] <--
17 18 PA.C.S. § 2502 (RELATING TO MURDER). <--
18 18 PA.C.S. § 2503 (RELATING TO VOLUNTARY MANSLAUGHTER).
19 18 PA.C.S. § 2506 (RELATING TO DRUG DELIVERY RESULTING IN
20 DEATH).
21 18 Pa.C.S. § 2901 (relating to kidnapping).
22 18 Pa.C.S. § 3121 (relating to rape).
23 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual
24 intercourse).
25 18 PA.C.S. § 3124.1 (RELATING TO SEXUAL ASSAULT). <--
26 18 PA.C.S. § 3125 (RELATING TO AGGRAVATED INDECENT
27 ASSAULT).
28 18 PA.C.S. § 3301(A)(1)(I) (RELATING TO ARSON AND RELATED
29 OFFENSES).
30 18 PA.C.S. § 3502 (RELATING TO BURGLARY) IN THE CASE OF
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1 BURGLARY OF A STRUCTURE ADAPTED FOR OVERNIGHT ACCOMMODATION
2 IN WHICH AT THE TIME OF THE OFFENSE ANY PERSON IS PRESENT.
3 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to
4 robbery).
5 18 PA.C.S. § 3702 (RELATING TO ROBBERY OF A MOTOR <--
6 VEHICLE).
7 18 PA.C.S. § 7508 (A)(1)(III), (A)(2)(III), (A)(3)(III),
8 OR (A)(4)(III) (RELATING TO DRUG TRAFFICKING SENTENCING AND
9 PENALTIES).
10 "Motivational boot camp." A program in which eligible
11 inmates participate for a period of six months in a humane
12 program for motivational boot camp programs which shall provide
13 for rigorous physical activity, intensive regimentation and
14 discipline, work on public projects, substance abuse treatment
15 services licensed by the Department of Health, ventilation
16 therapy, continuing education, vocational training and
17 prerelease counseling.
18 "Secretary." The Secretary of Corrections of the
19 Commonwealth.
20 SECTION 4. SELECTION OF INMATE PARTICIPANTS. <--
21 * * *
22 (C) DUTIES OF DEPARTMENT.--THE SECRETARY SHALL PROMULGATE
23 RULES AND REGULATIONS PROVIDING FOR INMATE SELECTION CRITERIA
24 AND THE ESTABLISHMENT OF MOTIVATIONAL BOOT CAMP SELECTION
25 COMMITTEES WITHIN EACH DIAGNOSTIC AND CLASSIFICATION CENTER OF
26 THE DEPARTMENT. IN THE CASE OF AN INMATE WHO IS SERVING A TERM
27 OF CONFINEMENT THE MINIMUM OF WHICH IS NOT MORE THAN FIVE YEARS
28 AND WHO IS WITHIN TWO YEARS OF COMPLETING HIS MINIMUM TERM, THE
29 DEPARTMENT MAY IDENTIFY AND SELECT THAT INMATE FOR PARTICIPATION
30 IN A MOTIVATIONAL BOOT CAMP EVEN IF THE INMATE WAS NOT
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1 IDENTIFIED AT THE TIME OF SENTENCING AS LONG AS THAT INMATE IS
2 OTHERWISE ELIGIBLE TO PARTICIPATE.
3 Section 2. This act shall take effect in 60 days.
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