PRINTER'S NO. 692
No. 659 Session of 1997
INTRODUCED BY GREENLEAF, LEMMOND, WAGNER, COSTA, SALVATORE AND
SCHWARTZ, MARCH 7, 1997
REFERRED TO JUDICIARY, MARCH 7, 1997
AN ACT
1 Establishing intermediate punishment programs for eligible
2 criminal offenders; providing for the duties of the
3 Pennsylvania Board of Probation and Parole, judges and
4 district attorneys; and making an appropriation.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Short title.
8 This act shall be known and may be cited as the State
9 Intermediate Punishment Act.
10 Section 2. Purpose.
11 Intermediate punishment shall have the following purposes:
12 (1) To reduce the number of offenders serving State
13 prison sentences by permitting them to be assigned to an
14 intermediate form of punishment.
15 (2) To identify offenders who are of minimal risk to the
16 community who will benefit from the personalized services of
17 an intermediate punishment program.
18 (3) To improve utilization of corrections resources.
1 (4) To reserve limited prison space for those offenders
2 who have committed violent offenses or who are otherwise a
3 threat to society.
4 (5) To reduce recidivism by promoting responsibility,
5 structure, discipline and good citizenship.
6 Section 3. Definitions.
7 The following words and phrases when used in this act shall
8 have the meanings given to them in this section unless the
9 context clearly indicates otherwise:
10 "Board." The Pennsylvania Board of Probation and Parole.
11 "Court." The trial judge exercising sentencing jurisdiction
12 over an eligible offender under this act.
13 "Eligible offender." A person convicted of a nonviolent
14 offense who would otherwise be sentenced to a State correctional
15 facility, who does not demonstrate a present or past pattern of
16 violent behavior and who would otherwise be sentenced to partial
17 confinement under 42 Pa.C.S. § 9724 (relating to partial
18 confinement) or to total confinement under 42 Pa.C.S. § 9725
19 (relating to total confinement). The term does not include an
20 offender convicted of murder, voluntary manslaughter, rape,
21 statutory rape, aggravated assault, involuntary deviate sexual
22 intercourse, arson, extortion by threat of violence, assault by
23 prisoner, assault by life prisoner, kidnapping or indecent
24 assault.
25 "State parole agent." An employee of the Pennsylvania Board
26 of Probation and Parole who shall coordinate the activities of
27 the Pennsylvania Board of Probation and Parole regarding
28 intermediate punishment, including programming, recommendations
29 for participation and communication with the court and the
30 public.
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1 Section 4. Sentencing court.
2 At the time of sentencing, the court shall employ the
3 sentencing guidelines to identify those defendants who are
4 eligible for participation in an intermediate punishment
5 program. The judge shall note on the sentencing order whether
6 the defendant has been identified as eligible for participation
7 in a State intermediate punishment program. A defendant who has
8 been identified by a judge as eligible to participate in a State
9 intermediate punishment program shall be ordered by the judge to
10 first serve a period of incarceration of not less than 90 days
11 in a State correctional facility before he may be approved to
12 participate in an intermediate punishment program.
13 Section 5. Intermediate punishment programs.
14 (a) Description.--Intermediate punishment programs may
15 include, but not be limited to, the following:
16 (1) Intensive supervision with electronic monitoring.
17 (2) Residential inpatient treatment.
18 (3) Day reporting centers.
19 (4) Halfway houses and restitution centers.
20 (5) Work release.
21 (b) Eligibility.--No person other than an eligible offender
22 may participate in an intermediate punishment program.
23 Section 6. Board review.
24 (a) Interview.--Thirty days before the end of the period of
25 incarceration ordered by the judge under section 4, a State
26 parole agent shall interview each offender whom the court has
27 ordered to be eligible for participation in a State intermediate
28 punishment program to gather information which shall include,
29 but not be limited to, the following:
30 (1) Biographical data.
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1 (2) Prior criminal record, presentencing reports and
2 institutional records.
3 (3) Problem areas, to include social, financial,
4 educational, legal and health problems, including drug or
5 alcohol abuse.
6 (4) Goals of the inmate if admitted to an intermediate
7 punishment program.
8 (5) Individuals in the community who could assist the
9 offender in successfully completing the program.
10 (6) The type of intermediate punishment program which
11 would be appropriate for the offender.
12 (b) Related information.--The State parole agent shall
13 obtain additional information from the prosecutor, sentencing
14 judge and victim as well as all institutional and court records.
15 The State parole agent shall verify all information provided.
16 (c) Department of Corrections.--The department shall provide
17 any relevant information to the State parole agent and make a
18 recommendation to the State parole agent on whether the offender
19 should be approved for participation in a State intermediate
20 punishment program.
21 (d) Recommendation to board.--If the State parole agent
22 determines that the offender is eligible and would be a
23 successful participant in an intermediate punishment program,
24 the State parole agent shall develop an intermediate punishment
25 plan based on the type of program which will best meet the
26 offender's needs. The plan and all related materials shall be
27 submitted to the board.
28 (e) Review.--In making a final determination regarding a
29 recommendation for participation in a State intermediate
30 punishment program, the board shall consider all of the
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1 following:
2 (1) Circumstances of the instant offense, including
3 whether any act of violence occurred with the commission of
4 the offense.
5 (2) Any part in organized criminal activity or in a
6 continuing criminal business or enterprise.
7 (3) Mitigating and aggravating circumstances of the
8 offense.
9 (4) Any indication of potential violent behavior.
10 (5) The applicant's prior criminal record.
11 (6) The feasibility of the applicant's proposed plan.
12 Section 7. Approval.
13 (a) Notification.--The board shall notify the judge,
14 district attorney and victim of the board's approval of the
15 offender for participation. The board shall provide them with a
16 copy of the intermediate punishment plan developed for the
17 offender.
18 (b) Conditions.--The State parole agent may impose
19 conditions and obligations upon participation.
20 (c) Certification.--The State parole agent may not recommend
21 the offender for participation unless the board certifies that
22 space is available in the appropriate program.
23 Section 8. Program participation.
24 (a) Review.--
25 (1) The State parole agent shall review the placement at
26 least every six months.
27 (2) The State parole agent shall notify the board of any
28 violations of rules or conditions of participation and make
29 recommendations regarding continued participation as deemed
30 appropriate.
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1 (b) Technical violations.--Technical violations shall be
2 reported to the board. The board may order the offender to a
3 more restrictive intermediate punishment program if space is
4 available, revoke the program or apply any other sanction deemed
5 appropriate.
6 (c) Revocation.--The board may at any time revoke
7 participation in the program for failure to comply with the
8 intermediate punishment plan or any conditions of participation.
9 An arrest for any new offense shall result in the immediate
10 suspension of program participation. Conviction of a new offense
11 shall render the applicant ineligible for future participation.
12 An offender whose sentence to intermediate punishment is revoked
13 shall serve the balance of the minimum sentence received prior
14 to being accepted into a State intermediate punishment program
15 and shall be subject to any parole review to which the offender
16 would have been subject had the offender not been admitted to
17 the intermediate punishment program.
18 (d) Completion.--An inmate who successfully completes the
19 intermediate punishment program shall not be subject to review
20 by the board prior to release.
21 Section 9. Duties of board.
22 The board shall:
23 (1) Appoint State parole agents to administer the State
24 intermediate punishment program.
25 (2) Provide the judiciary with information regarding
26 intermediate punishment programs.
27 (3) Develop contact with individuals and organizations
28 within the community who can assist the inmate in the
29 successful completion of the program.
30 (4) Provide staff support to the State parole agents.
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1 (5) Enter into contracts for the provision of services
2 required to operate intermediate punishment programs.
3 (6) Promulgate rules and regulations for the
4 establishment of one or more intermediate punishment programs
5 based on available resources. Regulations shall include, but
6 not be limited to, programming, supervision, administration,
7 number of daily contacts with participants, treatment
8 standards, personnel, training and penalties for violation of
9 plans or conditions of participation.
10 (7) Report annually to the Judiciary Committee of the
11 Senate and the Judiciary Committee of the House of
12 Representatives on the operation of intermediate punishment
13 programs.
14 (8) Develop a public information program.
15 Section 10. Pennsylvania Commission on Sentencing.
16 The Pennsylvania Commission on Sentencing shall employ the
17 definition of "eligible offender" set forth in section 3 to
18 identify inmates who would be eligible for participation in
19 intermediate punishment programs within the sentencing
20 guidelines.
21 Section 11. Privilege.
22 Participation in intermediate punishment programs shall be a
23 privilege. Nothing in this act shall be construed to confer any
24 right to participate therein.
25 Section 12. Appeals.
26 Nothing in this act shall be construed to enlarge or limit
27 the right of an inmate to appeal his sentence.
28 Section 13. Appropriation.
29 The sum of $2,000,000 is hereby appropriated to the
30 Pennsylvania Board of Probation and Parole for the fiscal year
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1 July 1, 1997, to June 30, 1998, to carry out the provisions of
2 this act.
3 Section 14. Effective date.
4 This act shall take effect as follows:
5 (1) Sections 9 and 10 and this section shall take effect
6 immediately.
7 (2) The remainder of this act shall take effect July 1,
8 1997.
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